For the Unincorporated Areas of Johnson County

http://www.johnson- county.com/dept_zoning.aspx?id=4811

JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE For the Unincorporated Areas of Johnson County Adoption Date: December 30th, 2004 Publication Dates: Solon Economist January 5, 2005 Iowa City Press-Citizen January 6, 2005 Lone Tree Reporter January 6, 2005 Prepared by the Johnson County Planning and Zoning Department with assistance by: Printed on Recycled Paper

HISTORY Some background facts for the Johnson County Unified Development Ordinance (previously known as the Johnson County Zoning Ordinance): The original Zoning Ordinance for Johnson County was adopted in the summer of 1960. Since that time, several revisions were made to the ordinance. However, it retained much of the same format and scope as the original document. In the summer of 2003, the County undertook a major revision of the Zoning Ordinance with technical assistance provided by the East Central Iowa Council of Governments. The Zoning Ordinance was revised and combined with the Subdivision Ordinance, Floodplain Management Ordinance, Site Plan Ordinance and pertinent building codes to create an overall Unified Development Code for the County. The Johnson County Planning and Zoning Commission reviewed and recommended approval of the Unified Development Code after holding several public meetings and a public hearing in the summer of 2004. Then, the County Board of Supervisors adopted the Code after holding several public meetings and a public hearing in the fall of 2004. CURRENT OFFICEHOLDERS: BOARD OF SUPERVISORS PLANNING & ZONING COMMISSION BOARD OF ADJUSTMENT Patrick Harney Evelyn Bollinger Jim Amlong* Mike Lehman Al Carr Dean Dykstra Terrence Neuzil* Maynard Hebl William Leefers Sally Stutsman Robert Saunders* Dorothy Maher Carol Thompson Harry Wolf Lucas Van Orden IV *Denotes Chairperson STAFF: Rick Dvorak R.J. Moore, AICP Planning & Zoning Administrator Asst. Planning & Zoning Administrator Ph: 356-6083 Ph: 356-6083 Dan Swartzendruber Assistant Planner Ph: 356-6083 TECHNICAL ASSISTANCE: Chad Sands, AICP East Central Iowa Council of Governments Printing Date of this Edition: 1/6/2004

Johnson County Code of Ordinances 4 CHAPTER 8:1 TABLE OF CONTENTS Page 8:1.1. Purpose …………………………………………………………………………………… 5 8:1.2. Name ……………………………………………………………………………………… 5 8:1.3. Exemption of Farm Structures …………………………………………………………… 5 8:1.4. Definition of Terms ………………………………………………………………………. 5 8:1.5. Districts and Boundaries Thereof ……………………………………………………… 20 8:1.6. Class A District - Agricultural Regulations ……………………………………………. 21 8:1.7. Class AR District - Agricultural Residential Regulations ……………………………… 26 8:1.8. Class R Districts - Residential Regulations ……………………………………………. 30 8:1.9. Class RMH District - Manufactured Housing Residential Regulations ……………….. 34 8:1.10. Class C District - Commercial Regulations …………………………………………… 37 8:1.11. Class CH District - Highway Commercial Regulations ……………………………….. 41 8:1.12. Class C-AG District - Agri-Business Regulations …………………………………….. 44 8:1.13. Class ML District - Light Industrial Regulations ……………………………………… 47 8:1.14. Class MH District - Heavy Industrial Regulations ……………………………………. 49 8:1.15. Performance Standards for ML and MH Districts ……………………………………. 51 8:1.16. Class P District - Public Regulations …………………………………………………. 52 8:1.17. Floodplain Management Regulations …………………………………………………. 54 8:1.18. Additional Regulations ………………………………………………………………... 61 8:1.19. Non-Conforming Use Regulations ……………………………………………………. 67 8:1.20. Conditional Use Permit Regulations and Supplementary Conditions ………………… 68 8:1.21. Subdivision Regulations ………………………………………………………………. 79 8:1.22. Site Plan Review Requirements ………………………………………………………. 96 8:1.23. Establishment of the Board of Adjustment ……………………………………….… 101 8:1.24. Enforcement and Administration - Permits …………….…………………………… 103 8:1.25. Enforcement and Administration - Applications …………………………………… 105 8:1.26. Enforcement and Administration - Miscellaneous Provisions ……………………… 106

CONSERVATION SUBDIVISION SECTION:

X. Clustered Subdivision Design. This article generally is intended to allow development that will meet future growth projections while preserving and protecting agriculturally, environmentally and historically significant features, and other open areas of the County. Specifically, this includes complementing the environmental and agricultural preservation goals outlined in the Johnson County Land Use Plan and the Johnson County North Corridor Development Plan; protecting sensitive areas; maintaining separation of non-compatible land uses; preserving and restoring the scenic and natural character of the County; permitting reasonable development while creating an interconnected network of open space that promotes livable, sustainable subdivision development and wildlife habitat and corridors; economizing in the installation of infrastructure and the provision of public services; and encouraging increased density through clustering of dwelling units on selected portions of a property and providing incentives for such development.

Definitions: For the purposes of this article, the following terms shall be interpreted as follows. Buffer: An area of land located contiguous to both a Limited Use Agriculture area and residential lots and providing a transition area between the two that is compatible with each and protects each area from changes in the use of the other area. Permitted uses in a buffer include those that will not be detrimental to the functioning of either the Limited Use Agriculture area or the residential lots and do not pose a public safety hazard. Essential public and private utilities are permitted uses within a buffer.

Johnson County Code of Ordinances 92 Clustering: A subdivision design method which concentrates development in specific areas of a proposed site. Clustered Subdivision Design: A development where a portion of a parcel is designated as permanent open space, with the remainder of the parcel subdivided into clustered buildable lots. Conservation Easement Management Plan: A written document approved by the zoning administrator delineating the entity charged with responsibility for payment of any taxes, maintenance, insurance, and any other responsibilities associated with ownership of the open space or limited use agriculture conservation easement. The Management Plan will specifically set out the intended use of and the rights and responsibilities of all parties having an interest in the conservation easement area. It will be recorded with any other document establishing the conservation easement. Limited Use Agriculture: Limited Use Agriculture includes: a) Grazing of livestock where stocking rates, rotational grazing patterns, and other pasture management practices prevent degradation of the vegetative cover, control soil erosion, minimize water runoff, and prevent the accumulation of animal wastes that create odor- or insect-related problems for residents of the subdivision development; b) Production of agricultural crops where sustainable production practices are used to prevent excessive runoff and erosion and do not negatively impact residences in the subdivision development, or adjacent sensitive areas or habitats; and/or c) Fertilizing, tillage, planting, cultivating, harvesting, chemical applications, and other standard practices of crop production, provided the same is done in accordance with best management practices and does not negatively impact residences in the subdivision development, or adjacent sensitive areas or habitats.

Limited Use Agriculture does not include: a) Feedlots or confinement systems for livestock production, where concentration of livestock would create noise problems or an accumulation of manure could be expected that create odor- or insect-related problems for residents of the subdivision development; b) The installation, after the subdivision is platted, of grain drying facilities, grain storage facilities, feed mixing operations, or other structures that create noise levels that would be a nuisance to residences in the subdivision development; and/or c) Crop production practices that allow or create excessive runoff or erosion, detrimental drift of chemical applications, loss of nutrients or other inputs to off-field locations or groundwater resources.

Limited Use Agriculture Conservation Easement: A non-possessory interest in real estate by which a land owner restricts and reserves a tract of land for Limited Use Agriculture and subjects that tract of land to the restrictions imposed in this article. The Conservation Easement may be owned by an individual, a governmental body empowered to hold an interest in real estate, a not- for-profit corporation, including but not limited to a homeowners association, or a charitable trust, which has the purposes and powers to carry out and enforce the requirements and reservations imposed by the Easement. If and when the Limited Use

Agriculture ceases, the Easement shall, by operation of law, become an Open Space Conservation Easement as defined herein and Limited Use Agriculture shall not thereafter be permitted on the real estate. There shall be a fifty foot (50’) buffer between the Limited Use Agriculture area and the residential lots. The buffer may be either on the residential lot or the Limited Use Agriculture area, or both. Where possible, existing woodlands may be used for the buffer. When the Limited Use Agriculture Conservation Easement is converted to an Open Space Conservation Easement the requirement for a buffer shall cease.

Open Space: Land or bodies of water used by subdivision residents for conservation areas, natural habitat, pedestrian corridor, stormwater management facilities, subsurface sewage disposal systems, essential utility services and/or recreational uses, and permanently designated as such and protected by a conservation easement. Open Space may include sensitive areas.

Open Space Conservation Easement: A non-possessory interest in real estate by which a land owner permanently restricts and reserves a tract of land as Open Space and subjects that tract of land to the restrictions imposed in this article. The Conservation Easement may be owned by a governmental body empowered to hold an interest in real estate, a not-for-profit corporation, including but not limited to a homeowners association, or a charitable trust, which has the purposes and powers to carry out and enforce the requirements and reservations imposed by the Easement. Recreational Uses: Recreational purposes for Open Space areas include trails, picnic areas, community gardens, turf areas, common areas such as greens or squares, athletic fields, playgrounds, unlighted athletic courts, golf courses and swimming pools or beaches. 1. Eligible Districts: Clustered Subdivision Developments shall be allowed in zoning districts designated as AR, R, R3, R5, R10, R20, RUA, RUB, RTF, RMF & RMH. 2. Management of Conservation Easements: The governmental body, not-for-profit corporation, charitable trust or individual that owns the Conservation Easement shall administer the Open Space or Limited Use Agriculture and is responsible for the payment of any taxes, maintenance, insurance, and any other responsibilities associated with ownership of the land. 3. Density Bonus Process: The density of a clustered subdivision development meeting all the requirements of this article may exceed to some extent the designated zoning density of the parcel so long as no less than fifty percent (50%) of the subject parcel is permanently designated as Open Space or Limited Use Agriculture. a) If no less than fifty percent (50%) of the parcel is permanently designated as Open Space or Limited Use Agriculture, the development may contain twenty-five percent (25%) more total dwelling units than existing zoning regulations currently allow. b) If no less than seventy-five percent (75%) of the parcel is permanently designated as Open Space or Limited Use Agriculture, condominium development will be allowed. c) The minimum lot size allowed in conjunction with this article shall be 5,500 square feet, or larger if so required by the regulations of the Johnson County Department of Public Health. d) Additional or different density bonuses may be granted by the Board of Supervisors to applicants proposing alternatives not set out above. Said bonuses may be granted only after a public hearing has been had on the proposed density bonus and only when doing so is consistent with the remainder of the Johnson County Unified Development Ordinance and the Johnson County Land Use Plan. 4. Conservation Easement and Site Plan Requirements: The applicant shall supply a completed application to the Johnson County Planning and Zoning Department that includes a copy of the Conservation Easement for the portion of the development designated as Open Space or Limited Use Agriculture, a copy of the Conservation Easement Management Plan, and a fully dimensioned site plan, drawn to scale, which shall demonstrate, delineate and label each of the following: a) Topography, including areas to be graded, earth movements, drainage provisions, existing contour lines and any proposed new contour lines, and any other significant topographical features, including a soil map. b) The location and type of all areas to be preserved as Open Space or Limited Use Agriculture, including areas for mitigation and preservation and any proposed improvements. c) Existing zoning, land use(s), and approximate density of residential uses for both the parcel in question and any neighboring parcels. d) Septic provisions, as required by the Johnson County Department of Public Health. e) For areas of Limited Use Agriculture, a buffer strip of no less than fifty feet (50’) must be delineated. f) Anything else not specifically set out or excluded herein, as required by other sections of

Chapter 8:1.21 of the Johnson County Code of Ordinances. 5. Additional Requirements: a) In addition to the specific provisions of this article, the applicant must abide by all applicable provisions of the Johnson County Unified Development Ordinance not specifically excluded herein. b) The applicant must ensure that all elements of the Site Map are readily evident upon site inspection. Any elements not readily evident and areas designated as Open Space or Limited Use Agriculture shall be marked for identification upon site inspection. c) All construction contracts or sub-contracts shall contain language adequately protecting areas designated as Open Space or Limited Use Agriculture. d) Included with the final plat, the applicant shall submit a subdividers agreement regarding liability for and the management of the Open Space or Limited Use Agriculture and incorporating the Conservation Easement and Conservation Easement Management Plan. e) An operation, monitoring, and maintenance plan for any existing or proposed, private or public, wastewater treatment system(s) and water supply well(s) within the subdivision shall be submitted to and approved by the Johnson County Department of Public Health. 6. Review Process: Upon receipt of a completed application, the review process for subdivision developments under this article shall be the same as outlined in section 8:1.21 (II) of the Johnson County Unified Development Ordinance, entitled Administration and Procedure. 7. Compliance: Failure to fully comply with the requirements of this article shall be cause for a “Stop Work” order on applicable permits. New permits or “Resume Work” orders shall not be issued until all requirements of the article are met and the required fines, if any, are paid. 8. Appeals: Appeal of the requirements of this article shall be processed in accordance with the powers and operation of the Johnson County Board of Adjustment, as defined by section 8:1.23 of the Johnson County Unified Development Ordinance.