Clay County Code of Ordinances

Transcription

2013
CLAY COUNTY
CODE OF ORDINANCES
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TableofContents
Title 1. Organization and Administration ........................................................................................................... 4 1.1 CODIFICATION ORDINANCE ................................................................................................................................ 5 1.2 CLAY COUNTY MODEL ORDINANCE .................................................................................................................... 9 1.3 VOTING PRECINCTS ........................................................................................................................................... 12 1.4 GENERAL RELIEF ................................................................................................................................................ 16 1.5 LOCAL OPTION SALES AND SERVICE TAX ........................................................................................................... 27 1.6 ESTABLISHING LOCAL OFFICE FEE FOR UNIFORM COMMERCIAL CODE ........................................................... 29 1.7 SCHOOL LOCAL OPTION AND SERVICE TAX ....................................................................................................... 31 Title 2. Building, Agriculture and Land Use ........................................................................................................ 33 2.1 AUTHORIZE INDUSTRIAL PROPERTY TAX CREDITS ............................................................................................ 34 2.2 ZONING ............................................................................................................................................................. 36 ARTICLE I BASIC PROVISIONS ................................................................................................................. 37 ARTICLE II AGRICULTURAL EXEMPTION .................................................................................................. 39 ARTICLE III DEFINITIONS/USE CLASSIFICATIONS ...................................................................................... 40 ARTICLE IV ZONING DISTRICTS ESTABLISHED ........................................................................................... 63 ARTICLE V (A‐1) AGRICULTURAL DISTRICT ............................................................................................... 66 ARTICLE VI (A‐2) CONSERVATION DISTRICT .............................................................................................. 72 ARTICLE VII (R‐1) RURAL RESIDENTIAL DISTRICT ....................................................................................... 75 ARTICLE VIII (R‐2) SUBURBAN RESIDENTIAL DISTRICT ................................................................................ 78 ARTICLE IX (R‐3) MULITPLE FAMILY RESIDENTIAL DISTRICT ..................................................................... 81 ARTICLE X (R‐4) LAKE RESIDENTIAL DISTRICT .......................................................................................... 84 ARTICLE XI (R‐5) RURAL MOBILE & MANUFACTURED HOME PARK DISTRICT .......................................... 87 ARTICLE XII (GC) – GENERAL COMMERICIAL DISTRICT ............................................................................. 93 ARTICLE XIII (I‐1) LIGHT INDUSTRIAL DISTRICT .......................................................................................... 96 ARTICLE XIV (I‐2) HEAVY INDUSTRIAL DISTRICT ....................................................................................... 100 ARTICLE XV FLOODPLAIN OVERLAY DISTRICT ......................................................................................... 105 ARTICLE XVI SUPPLEMENTAL DISTRICT REGULATIONS ............................................................................ 118 ARTICLE XVII ADDITIONAL USE REGULATIONS ......................................................................................... 125 ARTICLE XVIII SITE PLANS ........................................................................................................................... 139 ARTICLE XIX OFF STREET PARKING .......................................................................................................... 140 ARTICLE XX SIGN REGULATIONS ............................................................................................................. 144 ARTICLE XXI NONCONFORMING USES ..................................................................................................... 153 ARTICLE XXII ZONING ADMINISTRATION AND ENFORCEMENT ................................................................ 156 ARTICLE XXIII VIOLATION AND PENALTY ................................................................................................... 159 ARTICLE XXIV Board of Adjustment ........................................................................................................... 160 ARTICLE XXV SPECIAL EXCEPTIONS ........................................................................................................... 165 ARTICLE XXVI CHANGES AND AMENDMENTS ............................................................................................ 176 ARTICLE XXVII EFFECTIVE DATE ................................................................................................................... 179 ARTICLE XXVIII ADOPTION ........................................................................................................................... 179 2.3 SUBDIVISION REGULATIONS FOR THE UNINCORPORATED AREA OF CLAY COUNTY, IOWA ........................... 181 2.4 CROPS PLANTED IN ROW ................................................................................................................................ 221 2
2.5 FIELD DRIVEWAYS, ROCKS AND OBSTRUCTIONS ............................................................................................ 223 2.6 PURCHASE OF TAX SALE CERTIFICATES ON PARCEL WITH DELINQUENT TAXES ............................................. 225 2.7 ASSESSMENT OF WIND ENERGY CONVERSION PROPERTY ............................................................................. 228 Title 3. Public Safety ....................................................................................................................................... 231 3.1 PROHIBITING DRUGS AND DRUG PARAPHERNALIA ........................................................................................ 232 3.2 HAZARDOUS WASTE AND HAZARDOUS SUBSTANCES .................................................................................... 237 3.3 NUISANCE ....................................................................................................................................................... 242 3.4 EPHEDRINE AND PSEUDOEPHEDRINE PRODUCTS .......................................................................................... 246 3.5 CURFEW .......................................................................................................................................................... 248 3.6 KEG REGISTRATION ......................................................................................................................................... 251 3.7 ISOLATION AND QUARANTINE ........................................................................................................................ 254 3.8 SOCIAL HOST & UNDERAGE CONSUMPTION .................................................................................................. 261 3.9 HUFFING .......................................................................................................................................................... 265 Title 4. Public Works ....................................................................................................................................... 267 4.1 SOLID WASTE CONTROL .................................................................................................................................. 268 4.2 SECONDARY ROADS SNOW AND ICE REMOVAL .............................................................................................. 271 4.3 WATER WELLS AND WASTE WATER TREATMENT AND DISPOSAL .................................................................. 275 3
Title 1. Organization and Administration
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CLAY COUNTY ORDINANCE
1.1 CODIFICATION ORDINANCE
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ORDINANCE NO. 1.1
AN ORDINANCE ADOPTING THE "CODE OF ORDINANCES OF CLAY COUNTY,
IOWA, 2013
BE IT ORDAINED by the Board of Supervisors of Clay County, Iowa, that:
SECTION 1. Pursuant to published notice and following public hearing on the 28th day of
May, 2013, so required by Section 331.302(9), Code of Iowa, there is hereby adopted by
Clay County, Iowa, the "CODE OF ORDINANCES OF CLAY COUNTY, IOWA, 2013."
SECTION 2. All of the provisions of the "CODE OF ORDINANCES OF CLAY COUNTY,
IOWA, 2013," shall be in force and effect on and after the effective date of this ordinance.
SECTION 3. All ordinances or parts thereof in force on the effective date of this
ordinance are hereby repealed from and after the effective date of this ordinance, except
as hereinafter provided.
SECTION 4. The repeal provided for in the preceding section of this ordinance shall not
affect any offense or act committed or done or any penalty or forfeiture incurred or any
contract or right established or accruing before the effective date of this ordinance; nor
shall such repeal affect any ordinance or resolution promising or guaranteeing the payment
of money by the County or authorizing the issuance of any bonds of said County or any
evidence of said County's indebtedness or any contract or obligation assumed by said
County; nor shall said repeal affect the administrative ordinances or resolutions of the
Board of Supervisors not in conflict or inconsistent with the provisions of "THE CODE OF
ORDINANCES OF CLAY COUNTY, IOWA". Nor shall it affect any other right or franchise
conferred by any ordinance or resolution of the Board of Supervisors or any other person
or corporation; nor shall it affect any ordinance naming, establishing, relocating or vacating
any street or public way, whether temporary or permanent; nor shall it affect any ordinance
establishing building lines, establishing and changing grades, or dedicating property for
public use; nor shall it affect any prosecution, suit or other proceeding pending or any
judgment rendered on or prior to the effective date of this ordinance.
SECTION 5. An official copy of the "CODE OF ORDINANCES OF CLAY COUNTY,
IOWA, 2013," adopted by this ordinance, including a certificate of the Clay County Auditor
as to its adoption and the effective date, is on file in the office of the Clay County Auditor,
and shall be kept available for public inspection.
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SECTION 6. The Clay County Auditor shall furnish a copy of the "CODE OF
ORDINANCES OF CLAY COUNTY, IOWA, 2013" to the Judicial Magistrates serving Clay
County, Iowa.
SECTION 7. This ordinance shall be in full force and effect from and after the publication
of this ordinance, as required by law.
Passed by the Board of Supervisors of Clay County, Iowa, on the 25th day of June, 2013.
CLAY COUNTY BOARD OF SUPERVISORS,
BY: /s/ Kenneth Chalstrom, Chairperson
ATTEST: /s/ Marjorie A. Pitts, Clay County Auditor
First Reading: May 28, 2013
Second Reading: June 25, 2013
AUDITOR’S CERTIFICATE
I hereby certify that the foregoing Ordinance No. 1.1 was published as required by law on
the 23rd day of May, 2013.
CLAY COUNTY, IOWA,
BY: /s/ Marjorie A. Pitts, Clay County Auditor
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AUDITOR’S CERTIFICATE
State of Iowa
County of Clay
)
)
SS
)
I, Marjorie A. Pitts, Clay County Auditor, State of Iowa, hereby certify that the "CODE OF
ORDINANCES OF CLAY COUNTY, IOWA, 2013" was adopted by the Board of
Supervisors of Clay County, Iowa, and that an official copy of said Code of Ordinances is
on file at the office of the Clay County Auditor, State of Iowa, and that Ordinance No. 1.1,
adopting said Code of Ordinances, was passed by the Board of Supervisors of Clay
County, Iowa, on the 25th day of June, 2013, signed by the Chairperson on the 25th day
of June, 2013; duly recorded and published as provided by law, and that the effective date
of said Code is June 25, 2013.
Witness my hand and official seal of the County of Clay, State of Iowa, this 25th day of
June, 2013.
SIGNED: /s/Marjorie A. Pitts, Clay County Auditor
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1.2 CLAY COUNTY MODEL ORDINANCE
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CLAY COUNTY MODEL ORDINANCE, NO. 1.2
Section 1. Ordinance Adoption Procedure. Section 2. The procedures in this ordinance shall be used by the County of Clay for the adoption and amendment of all subsequent ordinances in this county. Section 3. Two Considerations Before Final Passage. A proposed ordinance must be considered and voted on for passage at two (2) regular meetings of the Board of Supervisors. A summary of the proposed ordinance will be published at least fifteen (15) day prior to its first consideration, and copies of the full text of the ordinance will be made available at the time of the publication at the office of the County Auditor, and it will be noted in the publication where copies may be obtained. A final publication of the title of the ordinance shall be published at least fifteen (15) days before the meeting for final consideration of the ordinance. Not more than ten (10) days following the final passage of the ordinance, there will be a full and complete publication of the adopted ordinance. (Note: If, when considering an ordinance, a substantial change is made by amendment, it is suggested that the Board reprint the summary noting the change.) Section 4. Amendment. An amendment to an ordinance must specifically repeal the ordinance, or the section or subsection to be amended and must set forth in full the ordinance, section, or subsection as amended. If an ordinance is to be repealed or amended, the procedure will be the same as in enacting an ordinance. Section 5. Majority Requirement. Passage of an ordinance or an amendment to an existing ordinance requires an affirmative vote or not less than a simple majority of the entire Board of Supervisors. Each board member’s vote on an ordinance must be recorded in the board’s official minutes. Section 6. Effective Date. Upon final passage of an ordinance or an amendment to an existing ordinance and the signatures of a simple majority of the entire Board of Supervisors, the ordinance or amendment will become effective upon publication, unless a subsequent effective date is provided within the measure. Section 7. Severability Clause. If some parts of this implementation ordinance or subsequent ordinance are found to be inconsistent or in conflict with state and/or federal legal principles, those parts shall not invalidate the remainder of the ordinance. Section 8. Definitions. The use of all words in this and subsequent ordinances shall be determined by the definitions provided in Chapter 4, Code of Iowa, 2013 unless otherwise provided in the ordinance. 10
Section 9. Maintenance and Publication of Ordinances. In accordance with the provisions of the ordinance, the County Auditor shall cause all ordinances, amendments, or summaries thereof to be published in at least one newspaper having general circulation in the county. Final copies of any ordinance or amended ordinances shall be recorded by the County Recorder and made available to the public upon request. All adopted and amended ordinances shall be printed or otherwise reproduced for adequate distribution. Section 10. County Ordinance Book. All adopted ordinances and amended ordinances shall be maintained in a separate book know as “Clay County Ordinance Book”. The book shall be maintained in the offices of the County Auditor, Board of Supervisors, and County Attorney. 11
1.3 VOTING PRECINCTS
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CLAY COUNTY VOTING PRECINCTS ORDINANCE, NO. 1.3
An ordinance establishing the election precincts in all unincorporated areas of County of
Clay,Iowa.
WHEREAS,the2010FederalDecennialCensushasbeenconductedandcompleted
withanofficialcensusdateofApril1,2010,and;
WHEREAS,theBoardofSupervisorsofClayCounty,Iowa,isrequiredtoreviewand
adjustelectionprecinctboundarieswithintheCountypursuanttoChapter49oftheCode
ofIowa,and;
WHEREAS,theClayCountyAuditorhasreceivedandanalyzedthecensusdataand
hasproposedprecinctboundaries,and;
WHEREAS, the Board of Supervisors desires to amend Ordinance 1.3 precinct
boundaries that were established by or pursuant to section 49.4, and not changed under
subsection 1 since the most recent federal decennial census because the commissioner
recommends, and the board of supervisors, finds that the change will effect a substantial
savingsinelectioncosts,and;
WHEREAS,theBoardofSupervisorshasreviewedtheproposedprecinctsandfinds
that they are relatively easy to describe (being townships) and will result in precincts
convenienttothevoters,
NOW, THEREFORE, IT BE ORDERED by the Clay County Board of Supervisors as
follows:
LAKE/FREEMANPRECINCT(LAFR)shallconsistofLakeTownship,whichisboundedby
alinecommencingattheintersectionof340thAvenue&270StreetandproceedingWestto
theintersectionof280thAvenueand270thStreet,thenproceedingSouthtotheintersection
of 280th Avenue and 390th Street in Freeman Township, then proceeding East to the
intersection of 340th Avenue and 390th Street in Freeman, then proceeding North along
340thAvenuetothepointoforigin.
In accordance with Chapter 49.6 this precinct shall include the incorporated City of
Dickens.
SUMMIT / RIVERTON / SIOUX / MEADOW PRECINCT (SRSM) shall consist of Summit
Township,whichisboundedbyalinecommencingattheintersectionof160thAvenueand
270thStreetandproceedingSouthtotheintersectionof160thAvenueand390thStreetin
Riverton Township, then proceeding East to the intersection of 280th Avenue and 390th
Street in Sioux Township, then proceedingNorth to the intersection of 280th Avenue and
270thStreetinMeadowTownship,thenproceedingWestalong270thStreettothepointof
origin.
ThisprecinctshallexcludetheboundariesoftheincorporatedCityofSpencer.
Fostoria
WATERFORD / LONE TREE PRECINCT (WFLT) shall consist of Waterford Township,
which is bounded by a line commencing at the intersection of 160th Avenue and 270th
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Street and proceeding West to the intersection of 100th Avenue and 270th Street, then
proceedingSouthtotheintersectionof100thAvenueand390thStinLoneTreeTownship,
then proceeding East to the intersection of 160th Avenue and 390th Street in Lone Tree
Township,thenproceedingNorthalong160thAvenuetothepointoforigin.
InaccordancewithChapter49.6thisprecinctshallincludetheincorporatedCityofEverly.
LOGAN / GILLETT GROVE PRECINCT (LGGG) shall consist of Logan Township, which is
bounded by a line commencing at the intersection of 340th Avenue and 390th Street and
proceeding West to the intersection of 220th Avenue and 390th Street in Gillett Grove
Township,thenproceedingSouthtotheintersectionof220thAvenueand450thStreet,then
proceeding East to the intersection of 340th Avenue and 450th Street in Logan Township,
thenproceedingNorthalong340thAvenuetothepointoforigin.
InaccordancewithChapter49.6thisprecinctshallincludetheincorporatedCityofGillett
GroveandtheCityofGreenville.
LINCOLN/CLAYPRECINCT(LNCL)shallconsistofLincolnTownship,whichisbounded
byalinecommencingattheintersectionof220thAvenueand390thStreetandproceeding
West to the intersection of 100th Avenue and 390th Street IN Clay Township, then
proceeding South to the intersection of 100th Avenue and 450th Street, then proceeding
East to the intersection of 220th Avenue and 450th Street in Lincoln Township, then
proceedingNorthalong220thAvenuetothepointoforigin.
InaccordancewithChapter49.6thisprecinctshallincludetheincorporatedCityofRossie
andtheCityofRoyal.
DOUGLAS / PETERSON PRECINCT (DGPE) shall consist of Douglas Township, which is
proceeding West to the intersection of 100th Avenue and 450th Street in Peterson
proceedingEasttotheintersectionof220thAvenueand510thStreetinDouglasTownship,
Peterson.
GARFIELD/HERDLANDPRECINCT(GFHD)shallconsistofGarfieldTownship,whichis
proceeding West to the intersection of 220th Avenue and 450th Street in Herdland
proceedingEasttotheintersectionof340thAvenueand510thStreetinGarfieldTownship,
InaccordancewithChapter49.6thisprecinctshallincludetheincorporatedCityofWebb.
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TheCountyAuditorisherebyauthorizedanddirected,inconformancewithChapter49of
theIowaCodetopublishnoticeoftheprecinctboundariesaccomplishedbythisOrdinance;
and to certify said precinct to the State Commissioner of Elections and to the County
Commissioner of Elections; and to provide Commissioners with maps depicting the new
boundaries.
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1.4 GENERAL RELIEF
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CLAY COUNTY GENERAL RELIEF ORDINANCE, NO. 1.4
An ordinance prescribing the General Relief program in Clay County, Iowa. Be it enacted by the
Board of Supervisors of Clay County, Iowa.
Section 1. Clay County will provide three categories of general relief. It will provide:
1. relief for “needy persons”.
2. relief for “poor persons.”
3. relief of an extended nature.
Section 2. For use in this ordinance, certain terms or words used herein shall be interpreted or
defined as follows:
1. Needy Person is a person or family unit of that person who is a Clay County resident
who, because of circumstances which are not attributable to that person, are in need of
general relief. Assistance to needy person will be at the discretion of the director or
designee.
2. Poor Person is a person or the family unit of that person who is residing in Clay County,
Iowa and who, because of physical or mental disability, is unable to engage in gainful
employment and otherwise cannot make a living, thus meeting the county’s resource and
income guidelines.
3. Relief means food, clothing, rent, shelter, transportation, fuel, utilities and medical
attention. Food does not include tobacco products of any kind or alcohol of any kind.
Referral to Upper Des Moines Opportunity for food and non-food items will be at the
discretion of the director or designee. Relief is basic necessities to survive.
4. Resources means property available for the applicant to provide for the applicant’s
necessities of life. Eligibility for general relief shall include assessment of both real and
personal resources.
5. Exemptions are defined as property, which will not be counted toward the
resources of an individual in determining eligibility. The following are exemptions:
a. Homestead as defined under Iowa law shall be exempt from consideration as
personal property. A Homestead shall not cease to be a homestead because of the
temporary absence of the owner.
b. The following property shall also be exempt from consideration as personal
property,
i. personal possession up to $2,000 in value.
ii. Tools and equipment used for self-support
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iii. one motor vehicle (passenger car or pickup) per family unit and any motor
vehicle over ten (10) years old with the following exceptions, including
mopeds, motorcycles, snowmobiles, motor homes, antique vehicles,
recreational vehicles, etc. Said vehicle shall have a maximum value of
$10,000.
iv. Burial lots or funeral trust funds up to $10,000.
v. Face value of life insurance (however, cash value shall be considered a liquid
resource).
If an applicant for General Relief has sold a property of any kind on a contract, the value
of the contract shall be counted as a resource to that applicant.
6. Resource Eligibility: The total of liquid and non-liquid resources owned by the person or
family unit applying for General Relief shall not exceed $500 for the family unit. A
transfer of real or personal property within the last two (2) years prior to applying for
relief assistance made for the purpose of qualifying for aid renders the applicant
ineligible for aid.
7. Income Eligibility for General Relief shall be determined according to guidelines for
income limits, any income of any kind being currently received by the applicant shall be
considered when determining eligibility and need, including but not limited to FIP, Social
Security payments, SSI payments, support from relatives, interest and dividends, earnings
whether full or part-time, contract payments, etc. Food stamps shall not be considered as
income but will make a person ineligible for food assistance from the County if stamps
are received.
The standard of need for persons who are elderly or disabled and received unearned
income shall be the same as the income limits established for the Supplemental Security
(SSI) program by the Social Security Administration. This standard of need shall be
adjusted as these limits are changed by the Social Security Administration for persons
receiving SSI.
The Standard of need for other households shall be the same as the poverty level
guideline established by the Department on Health and Human Services as published in
the Federal Register. This standard of need may be adjusted as changes are made in the
national poverty level standard. Gross income shall be considered and compared to these
income levels.
Any applicant who has received prizes or winnings from a lottery, contest, games, etc. or
who have received an inheritance, a settlement from a lawsuit or any similar one-time
payment within a year of the date of application for county assistance shall have moneys
prorated as follows: The total received shall be divided by the SSI guideline currently in
effect for the appropriate sized household. Example: the applicant wins $5,000 in the
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lottery. The applicant is a one-person household. The $5,000 divided by $512
(allowable SSI monthly income) = 9.76. The applicant shall be ineligible for assistance
from Clay County for ten (10) months from the date of receipt of application.
All recurring lump sums, such as payments from a former employer, property
settlements, cash rent from income property, etc. will all be prorated over the period for
which they are intended to cover. Example: A payment of $5,000 is received in January.
The $5,000 divided by 12 months - $416.67 per month. This income would be added to
all other income available to the household in determining eligibility for assistance.
Persons having income exceeding these standards shall not be granted assistance except
under conditions or emergencies determined legitimate by the director or designee at their
sole discretion.
8. Family unit shall mean the individual applying and all members of the immediate family
(spouse, children under eighteen (18) years of age, children over eighteen (18) who are
dependent upon the applicant and anyone else who is dependent upon the applicant for
federal tax purposes, as long as they reside with the applicant and/or family unit.
a. If two (2) or more unrelated persons are living together and sharing living
expenses, income and resources, the household shall be subject to the income
guidelines for that household size. If the applicant disputes combining income and
resources, it shall be the burden of the applicant to clearly demonstrate that the
parties are not sharing living expenses, income and resources.
b. If the adult child, who is no longer a dependent, is living in the home of his or her
parents, shall not be considered. The adult applicant shall be treated as a one
person household and assistance granted or denied on the basis of limits for that
sized household. If the adult child should have dependents living with them, the
household would be based on the number in their family unit and that sized
household. If the adult child should have dependents living with them, the
household would be based on the number in their family unit.
9. Liquid assets mean cash or any other item of net worth of the household that can be
readily converted to cash within thirty (30) days.
10. Awaiting approval and receipt means a poor or needy person who has applied for
assistance from any state or federal law who has pursued that application with due
diligence, and who has not had the application denied. This does not include an appeal or
denial of benefits.
Section 3. Form. Any relief shall be purchased directly from the source for the applicant or
family unit. It may be for one or more of the times of relief that can be provided. Cash
allowances shall not be allowed except for documented emergencies and only to provide
medical transportation. A medical professional will need to provide documentation of need.
This relief is at the Director or Designee’s discretion.
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Section 4. Eligibility of a Needy Person. Emergency relief may be provided to a needy
person who is in need of immediate relief, cannot obtain relief from any other source, and
whose income or assistance from a state or federal program has been delayed or not actually
received for reasons not attributable to that person. Relief may be provided to a needy person
who does not have liquid assets in that family unit from which to pay for the items of relief
that can be provided. A needy person who is eligible for county relief will have net worth of
five hundred dollars ($500.00) or less in resources.
Once a needy person is approved for state and/or federal programs, Clay County General
Relief will not duplicate those programs and provide similar assistance. Examples:
1. A household that is provided for and is receiving food stamps on
an ongoing basis will not be referred to Upper Des Moines Opportunity for food
assistance.
2. A household or individual receiving payments through the FIP program (similar state,
or federal program which currently exists) will not receive assistance for basic needs.
3. An individual approved of and receiving HUD rental assistance
will not receive rental assistance. If there is a change in circumstances, related to a
person or persons not receiving their
federal and state benefits, which are not attributable to the receiving party, assistance
may be granted at the discretion of the Director or Designee.
Section 5. Level of Benefits. The maximum level of benefits to be provided for each item of
relief for each person’s family unit shall be:
1. Food - Clay County General Relief will not provide food assistance. Persons in need of foodstuffs will be referred to Upper Des Moines
Opportunity’s Food Pantry. Clay County will provide the Food Pantry with a
quarterly cash allotment for which to increase their inventory.
2. Rent and Shelter - Clay County may provide reasonable rental assistance up to
amounts as stated on a rental schedule maintained by the Director. This rental
schedule will be reviewed annually and the schedule must be approved by the Clay
County Board of Supervisors. Rental assistance will not be paid by Clay County to
immediate relatives, in or out of the applicant’s household. “Immediate relatives”
shall mean mother, father, mother-in-law, father-in-law,, grandparent, son, daughter,
sister or brother. Rental assistance may be paid if it is to a relative if it is for an actual
rental unit and not for residents in the home of a relative. Clay County will not
provide assistance for rental deposits. First month’s rent assistance may be allowed
subject to the discretion of the Director or Designee in emergency situations. House
payments or mortgage payments may be made on property or mobile homes in
emergency situations and within the limits allowed for rental payments. However,
when Clay County makes a house mortgage or loan payment, the applicant shall sign
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a mortgage agreement placing a lien on said property. The mortgage agreement shall
be open-ended so that all payments made at any time can be collected. All persons
listed on the title of said property shall sign the mortgage, which will then be
recorded.
3. Clothing - Clay County General Relief will not provide assistance for the purchase of
clothing. Persons in need of assistance for clothing will be referred to Upper Des
Moines Opportunity. Clay County will provide Upper Des Moines Opportunity.
Clay County will provide Upper Des Moines Opportunity with a quarterly cash
allotment to provide for this need.
4. Utilities - Clay County General Relief may pay utility bills in order to provide these
services. Clay County will not pay the cost of telephone and cable television. Clay
County will only pay the current month’s amount on any utility bill. At the director’s
discretion, in case of emergency, the previous month’s total may also be paid. At no
time shall utility costs older than two (2) months be approved for payment. At no
time shall deposits on utilities be paid. Assistance for disconnected utilities may be
granted on the day of disconnection when the party has exhausted all other funding
options and Clay County is the last resort for assistance.
5. Emergent or Urgent Medical or Dental Care - Clay County, as a payer of last resort,
may pay for an adult individual between the ages of 19 and 64 who has no health care
coverage from any source nor has any current or future (within ninety days of the
application date) option to attain health care coverage. These emergent-urgent
medical or dental services for an adult individual between the ages of 19 and 64 may
be paid at a Medicaid rate not to exceed $1,000 during a twelve-month period for the
purpose of emergent and/or urgent exams and treatment ordered by a local physician
or at the Spencer Hospital in order to prevent further deterioration of an existing
condition so as to minimize the need for additional medical costs. Medical assistance
may be granted on the basis of medical necessity only and is based on the amount of
county dollars available for such assistance.
For large medical expenses, the usage of Indigent Care Papers and other funding
streams through the University of Iowa Hospitals and Clinics in Iowa City, Iowa,
shall be explored before the county authorizes medical payment. If costs are expected
to exceed $1,000, it will be the responsibility of the individual or local hospital to
inquire about the possibility of other funding options.
Clay County will not pay the costs of medical attention resulting from the use and/or
abuse of legal or illegal substances.
Clay County will not pay for sheltered care services and related costs unless they
have been court-ordered.
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Clay County may pay up to $2,000 or 30 days (whichever is less) of inpatient
substance abuse treatment during the lifetime of an individual. These costs are
subject to repayment.
Medical assistance will be granted on the basis of medical need only. Assistance will
not be granted for elective procedures, i.e., cosmetic enhancements or surgery.
6. Transportation – Clay County may pay for transportation one time in order to enable
an applicant or recipient to return to their original or previous place of residency to
avoid the provisions or unneeded assistance.
Transportation that will be utilized shall be the most cost-effective, i.e., public
transportation. Transportation may be used to return a person to his or her legal
residence. An applicant or recipient may receive an authorization for the purchase of
fuel at a local gas station or a third party may be reimbursed in an amount not exceed
eighty (80) percent of the IRS mileage of the IRS mileage rate.
7. Burial - Clay County may provide burial benefits for a deceased Clay County legal
resident. An application for county assistance with the Clay County Community
Services office must be made prior to the burial when possible and no later than five
(5) days after the date of death to determine eligibility. The deceased person’s estate
must not have resources over $500 for eligibility for Clay County General Assistance,
according to resource guidelines. The ability of the deceased’s family and other
interested parties to assist with the funding of the funeral/burial arrangements or at
the time of application for county assistance by the Clay County Community Services
office.
Should the resources of the deceased and/or the deceased’s spouse or
guardian/conservator be over $500 but not to exceed $2,300, any of these resources
can be applied in conjunction with the Clay County’s maximum rate of
reimbursement of $2,300 for a county-assisted burial as approved by the Clay County
Community Services’ office and the mortuary.
Burial benefits, such as money derived from life insurance or a death benefits, which
may include but not be limited to those from Social Security, Railroad, and Veteran’s
etc. as well as cash from the sale of vehicles, real estate or any another asset shall be
paid to Clay County up to the maximum amount of assistance or $2,300. If burial
benefits are present, these burial benefits will be identified in a signed repayment
agreement with the balance owed for the amount of county assistance remaining.
Failure to sign the repayment agreement at the time of application will result in lack
of county assistance. If the deceased’s estate and/or assets revert to another family
member and/or interested party, a lien will be placed on these assets/resources to
assure reimbursement of the party so the amount owed returns to Clay County at a
future time.
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Burial benefits of $1,900 which include internment or cremation, will be paid by Clay
County to the mortuary. County assisted burial includes: 1) a minimum-priced
casket; 2) a minimum-priced vault; 3) transportation of the deceased from the place of
death to the funeral home, to the crematorium, if applicable, and to internment. Up to
$400 will be available to either the mortuary or the cemetery to obtain a burial plot as
well as assure the opening and closing.
The deceased’s family and/or other interested parties may provide up to an additional
$400 to the mortuary for discretionary expenses such as clergyman, music, flowers,
guest register, and an urn or permanent container for the deceased’s remains. Any
other amenities or charges for the burial/funeral, etc. will be offered at the discretion
of the mortuary and will not be subject to billing to Clay County, the deceased’s
family and/or other interested parties when the deceased is deemed eligible for a
county-assisted burial. This ordinance will be reviewed every other year for usage
and costs by the Clay County Board of Supervisors, the Clay County Community
Services office and the mortuaries providing services to Clay County legal residents
to adjust rates as needed.
Section 6. Requirements for Receiving Relief.
1.
A person must be needy: A person who has no minor dependents in the home and does
not fit the definition of needy, such person shall not be eligible for assistance.
Determination of need will be at the discretion of the director or designee.
2. Work requirements: A needy person who is not needed in the home to care for minor
children under the age of three (3) shall immediately register for employment with the
Iowa WorkForce Center or other similar program in effect and otherwise actively seek
and accept any reasonable employment, whether or not the individual deems such
employment suitable. A refusal or failure to actively seek employment or a refusal or
failure to accept reasonable proof that he or she is actively seeking employment. Failure
to comply with work search requirements shall be a basis for denial.
3. Exceptions to Work Requirements: Persons who are unavailable for
employment and not subject to work requirements shall include:
a. persons with physical or mental impairments, which render them totally disabled and
unable to engage in gainful employment. Persons with substance abuse problems may be
excluded while in court-ordered inpatient treatment but are not excluded while
participating in outpatient treatment such as Alcoholics Anonymous, etc.
b. handicapped persons due to old age, ie. sixty five (65) or over, mental or physical
disabilities which render them unemployable to the Social Security Administration or the
State of Iowa Disability Board. If such determinations are pending, a doctor’s statement
shall be required to verify disabilities.
c. Persons required in the home to care for a dependent who is ill. This
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dependent may be a child or a handicapped adult.
Section 7. Conditions for Termination or Denial of Relief.
1. Attending school or other education facilities: An applicant who voluntarily
withdraws from the work force to attend school is not eligible for county assistance. Full
time students will only be eligible in extreme emergencies, which will be determined by
the Director or Designee. Full-time students that do receive emergency assistance will
only receive such assistance one (1) time.
2. Voluntary Quit: An applicant who has voluntarily quit a job without good cause
attributable to the employer within thirty (30) days prior to application shall be ineligible
for thirty (30) days following the date of the application.
3. Failure to Cooperate: Individuals disqualified from any local, state or federal
benefits payment program shall be considered to have failed to comply with county
requirements for assistance ( Example: FIP, Food Stamps, Upper Des Moines
Opportunity etc.)
4. Minor: Persons under the age of eighteen (18) shall be ineligible for county
assistance. Extreme circumstances may be acknowledged at the discretion of the
Director or Designee.
5. Illegal Aliens: Assistance will not be granted to persons who are in the United
States as undocumented aliens, without legal status in this country. All immigrants,
refugees, etc. will be required to provide documentation of citizenship upon application
for Clay County assistance. This documentation will be verified with INS (Immigration
and Naturalization services)
6. Failure to cooperate with Court Orders: Failure to voluntarily comply with court orders
or recommendations from physical or mental health professionals will be grounds for
denial.
7. Failure to comply with financial counseling: If it is determined a family is in need of
financial counseling and they voluntarily refuse such counseling, this will be considered
lack of compliance and the household will be denied assistance.
8. Failure to provide information: Failure to provide verification or information as
requested by the Clay County General Assistance Director or Designee within thirty (30)
days from the date of application would be grounds for denial.
9. Withholding Information: Withholding information or providing false information
concerning any eligibility factor (household composition, address, income, resources,
etc.) will be grounds for denial.
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10. Failure to repay: If an applicant signs an agreement to repay Clay County for assistance
granted, fails to honor that agreement though the applicant had resources and/or income
to make full or partial payments, and makes new application for assistance, the applicant
will be asked to pay the debt. If the applicant refuses to clear their debt, assistance will
be denied until such time that the applicant’s debt with the county is clear.
Section 8. Relief of an Extended Nature. Items of relief shall not be granted to any needy
person, poor person or their family nits for any longer than their approved length of time.
Exceptions may be made where an extreme emergency exists and the Director or Designee
determines it to be in the best interest of the county or the family unit to continue assistance. In
such case, assistance shall be provided on a monthly basis.
Section 9. Application for Relief. Application for County General Relief shall be submitted to
the Director or Designee. If due to hardship, an application may be mailed. If an applicant
appears to be eligible for assistance from any other State, Federal or local source, the Director or
Designee shall immediately refer the applicant to that source. It shall be the responsibility of the
applicant to immediately make application to that source and cooperate with all application
requirements as a condition of future assistance from Clay County.
Section 10. Initial Determination. The Director or Designee shall make a determination of
eligibility and assistance to be provided. Once a determination has been made, the Director or
Designee shall notify the applicant. If ineligible, the Director or Designee shall notify the
applicant in writing explaining what assistance was denied. When an applicant has been
determined eligible for unusual or extended assistance, the Director shall notify the Clay County
Board of Supervisors.
Section 11. Appeal by Appellant Upon Denial of Services and/or Assistance. The applicant
has the right to appeal in writing, any decision made by the Director or Designee, relative to the
administration or interpretation of policies with the following procedure:
1. The applicant shall receive notice denying assistance. If applicant disagrees with the
decision, the applicant may appeal. The applicant will be provided an appeal form in
which to appeal the decision. The appeal shall be submitted in writing within thirty (30)
days of the initial denial. Said appeal shall be filed with the Director or Designee at the
Clay County Community Services at 215 W. 4th St. Suite 6. Spencer, Iowa 51301 or the
Clay County Veteran’s Affairs office, 300 W. 4th St. Suite Spencer, Iowa 51301.
2. A decision of the appeal shall be rendered within thirty (30) days.
3. If an applicant is not satisfied with the Director’s decision on appeal, future appeal may
be submitted to the Clay County Board of Supervisors and a decision rendered within
thirty (30) days. This appeal shall be filed with the Clay County Board of Supervisors at
the Clay County Auditor’s office located at 300 W. 4th St. Suite 4. Clay County
Administration Building.
4. A notice of the Board’s decision shall be sent to the applicant.
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5. Appeals filed more than thirty (30) days after the notice of decision denying assistance
shall be dismissed.
NOTE: Clay County reserves the right to interpretation, in any given situation, regarding the
determination of genuine need and the impact of assistance may have on future utilization for
individuals or families that may be outside the guidelines in this Ordinance.
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1.5 LOCAL OPTION SALES AND SERVICE TAX
27
CLAY COUNTY LOCAL OPTION SALES AND
SERVICE TAX ORDINANCE, NO. 1.5
An ordinance establishing a local option sales and service tax applicable to transaction with the
incorporated cities of Dickens, Everly, Fostoria, Gillett Grove, Greenville, Peterson, Rossie,
Royal, Spencer and Webb and the unincorporated area of Clay County, Iowa. Be it enacted by
the Board of Supervisors of Clay County, Iowa:
Section 1. Local Option Sales and Service Tax. There is imposed a local option sales and
service tax applicable to transactions within the incorporated cities of Dickens, Everly, Fostoria,
Gillett Grove, Greenville, Peterson, Rossie, Royal, Spencer and Webb and the unincorporated
area of Clay County, Iowa. The rate of the tax shall be one percent (1%) upon the gross receipts
taxed under Chapter 422, Division IV, of the Iowa Code in the cities of Dickens, Everly,
Fostoria, Gillett Grove, Greenville, Peterson, Rossie, Royal, Spencer and Webb and the
unincorporated area of Clay County, Iowa. The local sales and service tax is imposed on
transactions occurring on or after January 1, 1999., with the cities of Dickens, Everly, Fostoria,
Gillett Grove, Greenville, Peterson, Rossie, Royal, Spencer and Webb and the unincorporated
area of Clay County, Iowa. The tax shall be collected by all persons required to collect state
gross receipts taxes. However, the tax shall not be imposed on the gross receipts exempted by
sate statute. All applicable provisions of the appropriate sections of Chapter 422, Division IV, of
the Iowa Code are adopted by reference.
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1.6 ESTABLISHING LOCAL OFFICE FEE FOR UNIFORM COMMERCIAL CODE
29
CLAY COUNTY ORDINANCE ESTABLISHING LOCAL OFFICE FEE FOR
UNIFORM COMMERCIAL CODE, NO. 1.6
An ordinance establishing a Local Office Fee for Uniform Commercial Code (UCC) Information
Request.
WHEREAS, pursuant to Iowa Code 554.9525(3) an ordinance must be adopted to set the fee for
responding to a request for information from the filing office, and
WHEREAS, the fee for responding to a request communicated in writing must not be less than
twice the amount of the fee for responding to a request communicated by another medium
authorized by the Secretary of State’s office or the Board of Supervisors for the filing office.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors from Clay County, Iowa,
that the fee for a Uniform Commercial Code information request shall be $5.00 for each debtor
name being requested if the request form is supplied, and $6.00 for each debtor name requested
if the filing office supplies the form. The fee for a copy of the filed UCC is $1.00 per page.
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1.7 SCHOOL LOCAL OPTION AND SERVICE TAX
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SCHOOL LOCAL OPTION AND SERVICE TAX ORDINANCE, NO. 1.7
An ordinance establishing a School Local Option Sales and Services Tax applicable to
transactions within the school districts of Clay Central-Everly, Hartley-Melvin-Sanborn,
Okoboji, Ruthven-Ayrshire, Sioux Central, South Clay, South O’Brien, Spencer, and Terril
where the tax was approved in Clay County.
Be It Enacted by the Board of Supervisors of Clay County, Iowa:
Section 1. School Local Option Sales and Services Tax. There is imposed a local option sales
and services tax applicable to transactions within Clay County.
The rate of the tax shall be one percent upon the gross receipts taxed under Chapter 422-School
Local Option Tax, Division IV, or the Iowa Code in the school districts of Clay Central-Everly,
Hartley-Melvin-Sanborn, Okoboji, Ruthven-Ayrshire, Sioux Central, South Clay, South O’Brien,
Spencer, and Terril in Clay County.
All person required to collect state gross receipts taxes shall collect the tax. However, the tax
shall not be imposed on the gross receipts from the sale of motor fuel or special fuel as defined in
Chapter 324 of the Iowa Code, on the gross receipts from the rental of rooms, apartments or
sleeping quarters which are taxed under Chapter 422A of the Iowa Code during the period the
hotel and motel tax is imposed, on the gross receipts from the sale of a lottery ticket or share in a
lottery game conducted pursuant to Chapter 99E of the Iowa Code, and on the sale or rental of
tangible personal property described in Section 422.45, subsections 26 and 27 of the Iowa Code.
All applicable provisions of the appropriate sections of Chapter 422, Division IV, of the Iowa
Code are adopted by reference.
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Title 2. Building, Agriculture and Land Use
33
2.1 AUTHORIZE INDUSTRIAL PROPERTY TAX CREDITS
34
AUTHORIZE INDUSTRIAL PROPERTY TAX CREDITS, No. 2.1
An ordinance authorizing industrial property tax credits be it enacted by the board of supervisors
for Clay County, Iowa.
Section 1. Purpose. The purpose of this ordinance is to authorize partial property tax
exemption for industrial property on which improvements have been made, in accordance with
the provisions of House File 650, Acts of the 68th General Assembly, 1979 Regular Session of
the State of Iowa.
Section 2. The County of Clay hereby provides for a partial tax exemption from property
taxation of the actual value added to industrial real estate by the new construction of industrial
real estate and the acquisition of or improvement to machinery and equipment assessed as real
estate pursuant to Iowa Code Section 427.A.1 (1) (e) (1979), within the county of Clay. This
provision shall be subject to the definitions and requirements set forth in House File 650, Acts of
the 68th General Assembly, 1979 Regular Sessions of the State of Iowa.
Section 3. The actual value added to industrial real estate for the reasons specified in Section 2
above is eligible to receive a partial exemption from taxation for a period of five (5) years.
“Actual Value Added” means the actual value added as of the first year for which the exemption
is received, except that actual value added by improvements to machinery and equipment means
the actual value as determined by the Assessor as of January 1st of each year for which the
exemption is received. The amount of actual value added which is eligible to be exempt from
taxation shall be as follows:
a.
b.
c.
d.
e.
For the first year – 75%
For the second year – 60%
For the third year - 45%
For the forth year – 30%
For the fifth year – 15%
Section 4. An Application for Exemption shall be filed by the owner of the property with the
local Assessor by February 1 of the assessment year in which the value added if first assessed for
taxation, for each project resulting in actual value added for which an exemption is claimed.
Application for Exemption shall be made on forms prescribed by the Director of Revenue of the
State of Iowa, supplying all information deemed necessary by said Director.
Section 5. This Ordinance shall be in full force and effect after public hearing and publication of
this ordinance as required by law.
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2.2 ZONING
36
ARTICLE I
BASIC PROVISIONS
Article 1: Basic Provisions
Section 1.1.
Section 1.2.
Section 1.3.
Section 1.4.
Section 1.5.
Section 1.6.
Short Title
Jurisdiction
Purpose
Repeal and Saving Clause
Validity and Severability Clause
Interpretation of Regulations
1.1. SHORT TITLE.
This ordinance shall be known and may be cited and referenced as the “Zoning Ordinance of
Clay County, Iowa”, to the same effect as if the full title were stated.
1.2. JURISDICTION.
In accordance with the provisions of Chapter 335, Code of Iowa, and amendatory acts thereto, this
ordinance is adopted by Clay County, Iowa, governing the zoning of all lands and structures located
within Clay County, Iowa; but lying outside of the corporate limits of any incorporated city in Clay
County, Iowa.
1.3. INTERPRETATION OF REGULATIONS.
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements. Where this ordinance imposes a greater restriction than is imposed or
required by other provisions of law, other rules, regulations, or ordinances, the provisions of this
ordinance shall govern.
This ordinance is not intended to abrogate or annul any easement, covenant or other private
agreement provided that where any provision of this ordinance is more restrictive or imposes a
higher standard or requirement than such easement, covenant or other private agreement, the
provision of this ordinance shall govern.
1.4. VALIDITY AND SEVERABILITY CLAUSE.
Should any section or provision of this ordinance be declared by a court of competent
jurisdiction to be invalid, such ruling shall not affect the validity of the ordinance as a whole or
any part thereof, not specifically included in said ruling. If any court of competent jurisdiction
shall declare invalid the application of any provision of this ordinance to a particular land, parcel,
lot, district, use, building or structure, such ruling shall not affect the application of said
provision to any other land, parcel, lot, district, use, building or structure not specifically
included in said ruling.
1.5. REPEAL AND SAVINGS CLAUSE.
Effective on the effective date of this ordinance, the previous zoning ordinance (the 1996 Clay
County Zoning Ordinance) and amendments thereto are hereby repealed. The repeal of said
ordinance shall not have the effect to release or relinquish any penalty, forfeiture or liability
incurred under said ordinance or any part thereof, and such ordinance and all parts thereof shall
37
be treated as still remaining in force for the purpose of instituting or sustaining any proper action
or prosecution for the enforcement of such penalty, forfeiture or liability.
1.6. PURPOSE.
In accordance with Chapter 335.5, Code of Iowa, the various zoning districts, created by this
ordinance and the various articles and sections of this ordinance, are adopted for the purpose of:
1. Regulations shall be made in accordance with the intent and spirit of the Clay County
Comprehensive Plan;
2. Designed to preserve the availability of agricultural land and to consider the protection of
soils from wind and water erosion;
3. Promote public health, safety, morals, comfort, general welfare, and preserving the natural
resources, scenic and historically significant areas of the county;
4. To encourage efficient urban development patterns by promoting the grouping of those
activities which have similar needs and are compatible;
5. Encouraging classification of land use and distribution of land development within the
county that will facilitate adequate and economic provision of transportation,
communication, water, sewer, drainage, education, recreation, and provisions of light and air;
6. Promoting developments that will prevent the overcrowding of land and to avoid undue
concentration of population;
7. Promote the conservation of energy resources and to promote reasonable access to solar,
wind and other forms of renewable energies;
8. Prohibit the formation or expression of nonconforming uses of land, buildings, and structures
which adversely affect the character and value of desirable development in each district;
9. Prevent and minimize the effect of nuisance producing activities;
10. Define the powers and duties of the County Board of Supervisors, Board of Adjustment and
the zoning administrator.
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ARTICLE II AGRICULTURAL EXEMPTION
Article 2: Agricultural Exemption
Section 2.1.
Farms Exempt
2.1. FARMS EXEMPT.
In compliance with Chapter 335.2, Code of Iowa, except to the extent required to implement
Section 335.27, Code of Iowa, no regulation or restriction adopted under the provisions of this
ordinance applies to land, farm houses, farm barns, farm out-buildings, or other buildings or
structures, which are primarily adapted, by reason of nature and area, for agricultural purposes,
while so used. However, the regulations of this ordinance may apply to any structure, building,
dam, obstruction, deposit or excavation in or on the floodplains of any river or stream.
Referred to in § 335.3, 368.26, 414.23
Any farm dwelling, farm building or other agricultural related structure or use intended for
permanent human habitation shall comply with the same floodplain zoning regulations as
nonfarm dwellings. Buildings or structures located within a floodplain are not exempt from the
regulations of this ordinance.
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ARTICLE III DEFINITIONS/USE CLASSIFICATIONS
Article 3: Definitions/Use Classifications
Section 3.1.
Section 3.2.
Definitions
Use Classifications
3.1. DEFINITIONS.
For purposes of interpreting this ordinance certain words, terms and expressions are hereby defined.
 Words used in the present tense shall include the future;
 Singular shall include the plural and the plural includes the singular;
 The word “may” is discretionary and the word “shall” is always mandatory;
 The word “person” includes a firm, association, organization, partnership, trust, company,
or corporation as well as an individual;
 The words “used” or “occupied” include the words intended, designed or arranged to be
used or occupied;
 The word “includes” means including but is not limited to.
1. ACCESSORY USE (OR STRUCTURE): A use or structure on the same zoning lot with and of
a nature customarily incidental and subordinate to and serves the principal building, structure or
use; is subordinate in area, extent, or purpose to the principal building or use served; and
contributes to the comfort, convenience, or necessity of occupants of the principal building or
principal use.
2. ABANDONED FARMSTEAD: A tract of land which has at one time constituted a farm
dwelling, farmstead and/or related farm or agricultural outbuildings. To be considered an
abandoned farmstead for the purposes of these regulations the tract of land must not have
been reclaimed for intensive agricultural (row crop) production. A property may be
considered an abandoned farmstead if the property is within the area of an existing grove,
windbreak or farmstead boundary established or constructed prior to the adoption of this
ordinance; or if minimum evidence exists of a previous farmstead such as a foundation or
outbuildings.
3. ADDITION: Any construction which increases the site coverage, height, length, width, or
gross floor area of a structure.
4. AGRICULTURE: Any land, farm houses, farm barns, farm out-buildings, or other buildings
or structures, which are primarily adapted, by reason of nature and area, for agricultural
purposes, while so used.
5. ALLEY: A public or private thoroughfare which affords only a secondary means of access
to abutting property, not intended for general traffic circulation.
6. ALTERATION (STRUCTURAL): Any change in the supporting members of a building,
such as bearing walls, partitions, columns, beams or girders. The enlargement of the size, in
square feet, or height of a building shall be construed to be a structural alteration.
40
7. APARTMENT: A single room or set of rooms occupied as a dwelling unit which is part of a
multi-family structure, which contains cooking and housekeeping facilities for each dwelling
unit.
8. ATTACHED: Having one or more walls common with a principal building, or joined to a
principal building by a covered porch or passageway, the roof of which is a part or extension
of a principal building.
9. BASEMENT: That portion of a building that is either partly or completely below grade.
(Building Officials and Code Administrators (BOCA) Basic/National Building Code)
Basements which are finished living space or utilized for bedroom space shall be counted for
purposes of density and parking requirements for the overall property.
10. BILLBOARD: As used in this ordinance, billboards shall include all structures, regardless of
the material used in the construction of the same that are erected, maintained or used for
public display of posters, painted signs, wall signs, whether the structure be placed on the
wall or painted on the wall itself, pictures or other pictorial reading material which advertise
a business or attraction which is not carried on, manufactured, grown or sold on the premises
which said signs or billboards are located.
11. BLOCK: That property abutting on one side of a street and lying within the two nearest
intercepting or intersecting streets or lying within the nearest intercepting or intersecting
streets and unsubdivided acreage or railroad right-of-way.
12. BOARD OF ADJUSTMENT: An officially constituted body whose principal duties are to
hear appeals on decisions of the zoning administrator, interpret the zoning ordinance and
zoning map, and where appropriate grant variances from the strict application of the zoning
ordinance.
13. BUILDABLE AREA: The portion of a zoning lot or parcel remaining for allowable
buildings after required yard setbacks have been provided.
14. BUILDING: Any structure having a roof supported by columns or walls which is
permanently affixed to a lot or lots, and is intended for the shelter, support, enclosure or
protection of persons, animals or property of any kind.
15. BUILDING, HEIGHT OF: The vertical distance from the average natural grade at the
building line, to the highest point of the roof. Where a dwelling is situated on a lot with more
than one grade or level, the measurements shall be taken from the main entrance elevation.
16. BUILDING, PRINCIPAL: The building in which the primary use of the lot or parcel is conducted.
17. BUILDING LINE: The setback distance from the front property line, rear lot line, and side
lot lines as provided in the ordinance.
18. BUSINESS: The engaging in the purchase, sale, or exchange of goods or services, or the
operation for profit of offices.
19. CARPORT: Space for the parking, housing or storage of vehicles of which is enclosed on
not more than two sides by affixed or semi-permanent walls. Those structures identified as
41
hoop buildings, portable or foldable buildings, tent buildings or fully enclosed steel buildings
shall not be considered a carport for purposes of this ordinance. Carports attached to the
principal building are considered a part of the principal building. Freestanding carports are
considered an accessory building.
20. COMMERCIAL USE: Any activity involving the sale of goods or services for profit.
21. COMMISSION (OR PLANNING COMMISSION): The Planning and Zoning Commission
of Clay County, Iowa.
22. COMPREHENSIVE PLAN: The statement of policy by the Clay County Board of
Supervisors relative to the desirable physical pattern of future county development. The plan
consists of maps, charts, and written material representing the soundest conception to the
county as to how it should grow in order to bring about the very best living conditions.
23. COTTAGE: A small single unit structure used for vacation or vacationers occupancy, and not
used as a residence for the entire year.
24. COUNTY: Clay County, Iowa.
25. DECK: An unenclosed, roofless structure adjoined to or freestanding adjacent to the principal
building. Decks higher than twelve (12) inches above the average grade of the ground shall also
be subject to required yard setbacks.
26. DETACHED: Fully separated from any other building. Not attached.
27. DISTRICT (OR ZONING DISTRICT): Any part or parts of, zone, or geographic area within
Clay County, Iowa, wherein zoning regulations apply.
28. DRIVEWAY: A surfaced area providing vehicular access between a street and an off-street
parking area or parking structure (i.e. garage or carport).
29. DWELLING: Any building or portion thereof which is designed or used exclusively for
residential purposes but not including a tent, cabin, trailer, or factory-built home which is not
located within a manufactured home subdivision or mobile home park. However, a dwelling
shall include any factory-built home constructed to comply with the Iowa State Building
Code for modular factory built structures.
30. DWELLING, MULTIPLE FAMILY: An apartment house or residence used by, designed
for or occupied by three (3) or more families living independently of each other, with separate
housekeeping and cooking facilities for each.
31. DWELLING, SINGLE FAMILY: A detached building that is arranged, designed for or
occupied as the primary residence of one (1) single family, having no party wall in common
with an adjacent house or houses and is surrounded by open space or yards.
32. DWELLING, TWO FAMILY: A detached building that is arranged, designed for or
occupied as the residences of two (2) families only; and living independently of each other
with separate housekeeping and cooking facilities for each.
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33. DWELLING UNIT: A room or group of rooms which are arranged, designed or used as
living quarters for the occupancy of one (1) family for residential purposes and containing
independent cooking facilities.
34. EASEMENT: A grant of one or more of the property rights by the property owner to and/or
for use by the public, a corporation, or another person or entity.
35. ENCROACHMENT: Any obstruction of, or an illegal or unauthorized intrusion in a
delineated floodway, right-of-way or adjacent lands.
36. ENGAGED IN AGRICULTURE: Shall include, but not be limited to any one of the following:
1) Inspect agricultural operations periodically and furnish at least half the direct cost of the
operations, 2) Regularly and frequently make or take an important part in making management
decisions substantially contributing to or affecting the success of the agricultural operation, or
3) Perform other work which significantly contributes to the agricultural operation.
37. ENGINEER, COUNTY: A duly qualified and/or licensed individual or firm designated by
the Clay County Board of Supervisors.
38. ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by
developers, public utilities or governmental agencies of underground or overhead gas,
electrical, telecommunications, water or wastewater transmission or distribution systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants and other similar equipment and accessories in
conjunction with and necessary for the furnishing of adequate services by such public or
private utilities, governmental agencies and/or for the public health, safety or general
welfare, but not including buildings or special exception uses as established by this
ordinance.
39. FACTORY BUILT-STRUCTURE: Is any structure, building, component, assembly or
system which is of closed construction and which is made or assembled in manufacturing
facilities, on or off the building site, for installation or assembly and installation, on the
building site. Factory-built structures may also mean, at the option of the manufacturer, any
structure or building of open construction, made or assembled in manufacturing facilities
away from the building site, for installation, or assembly and installation, on the building site.
Factory-built structure also means “factory-built unit”.
40. FAMILY: A person living alone, or group of persons related by blood, marriage, adoption,
guardianship, or otherwise duly authorized custodial relationship as verified by official
public records such as drivers licenses, birth or marriage certificates living together as a
single dwelling unit and sharing common living, sleeping, cooking, and eating facilities; or a
group of not more than five (5) unrelated persons living together by joint agreement or
occupying a single dwelling unit on a nonprofit cost sharing basis.
41. FARM: Any land, farm houses, farm barns, farm out-buildings, or other buildings or
structures, which are primarily adapted, by reason of nature and area, for agricultural
purposes, while so used.
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42. FARMSTEAD (EXISTING): A tract of land with a farm dwelling and/or related agricultural
outbuildings, yards, windbreaks, wells or other improvements which are held and operated in
conjunction with agricultural purposes. An existing farmstead shall be defined as the
combination of farm dwelling, support dwelling and any farm accessory buildings used or
previously used and occupied by a person engaged in agriculture.
43. FENCE: Any artificially constructed structure, other than a building, which is a barrier of
approved fencing material or combination of materials erected to screen areas of land or
means of protection or confinement.
44. FLOODPLAIN: The channel and relatively flat area adjoining the channel of a natural
stream or river that has been or may be covered by flood waters.
45. FLOOR AREA: The square feet of floor space within the outside line of walls, including the
total of all space on all floors of a building. Floor area shall not include porches, garages, or
space in a basement that is not finished living space.
46. FRONTAGE: All the property on one side of a street or highway between two intersecting
streets (crossing or terminating) measured along the line of the street or if the street is deadended, then all of the property abutting on one side between an intersecting street and the
dead-end of the street.
47. GARAGE: A building or a portion thereof in which one or more motor vehicles are housed
or stored by the occupants of the premises or the leasing of space as provided herein, but in
which no business service or industry connected with the motor vehicles is carried on other
than leasing of space.
48. GRADE: The lowest horizontal elevation of the finished surface of the ground, paving or
sidewalk at a point where the height is to be measured.
49. HOME OCCUPATION: An accessory business, occupation or profession conducted entirely
within a dwelling unit or associated accessory buildings by the inhabitants thereof; and
complies with the provisions of Section 17.4 of this ordinance.
50. HOUSE TRAILER: See Mobile Home.
51. HOUSEHOLD: A family living together in a dwelling unit with common access to all living
and eating areas and all facilities within the dwelling unit.
52. HOUSING UNIT: See Dwelling Unit.
53. INCIDENTAL: Subordinate and minor in significance and bearing a reasonable relationship
with the primary use.
54. INDUSTRY: Those fields of economic activity including forestry, fishing, hunting, mining,
construction, manufacturing, transportation, communication, electric, gas, and sanitary
services, distribution, assembly, packaging and wholesale trade activities.
55. INSTITUTION: A building or premises occupied by a non-profit corporation or
establishment for public use.
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56. JUNK (OR SALVAGE): Any old scrap copper, brass, or lead; old or discarded rope, rags,
batteries, paper, trash, rubber debris, waste or used lumber, or salvaged wood; waste
appliances, furniture, equipment, building demolition materials or structural steel materials.
This definition shall also include junked, dismantled, or wrecked vehicles, machinery and
appliances or parts of such vehicles, machinery or appliances; and iron, steel or other old or
scrap ferrous or nonferrous material; old or discarded glass, tinware, plastic or old or
discarded household goods or hardware. Junk shall also mean waste, yard waste not stored in
an approved manner as determined by Clay County, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing, salvage, storage, baling,
disposal or other use or disposition.
57. JUNK VEHICLE OR JUNK MACHINERY: Any vehicle, other machines or portions
thereof not in running condition and/or not licensed for the current year as provided by law,
or any other non-operating vehicle or machinery situated in a front yard of any lot or property
and located in open view to the public for a period of more than ninety (90) days which,
because of its defective or obsolete condition, or rotted, rusted or loose parts or in any other
way constitutes a threat to the public health, welfare or safety.
58. JUNKYARD (or SALVAGE YARD): Any open area of any lot or parcel where waste,
discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled,
kept, stored or handled, including scrap metals or scrap materials, or the abandonment or
dismantling or “wrecking” of automobiles, other motor vehicles, or machinery, or parts
thereof. Junkyards will include but not limited to wrecking yards, used lumber yards, and
places or yards utilized or intended for storage of salvaged wrecking and structural steel
materials and equipment; but not including those areas where such uses are entirely located
within a completely enclosed building.
59. LAND USE: A description of how land is occupied or utilized.
60. LANDSCAPED: An area devoted to or developed predominantly with plant materials or
natural features including lawn, gardens, trees, shrubs, and other plant materials; and also
including accessory outdoor landscape elements such as pools, fountains, water features,
paved or decorated surfaces of rock, stone, brick, block or similar material (excluding
driveways, parking, or storage areas), provided that the use of brick, stone or other inorganic
materials shall not predominate over the use of natural materia1s.
61. LOADING SPACE: An area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space in located.
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62. LOT: A lot is a parcel of land of
sufficient size to meet minimum
zoning requirements for use, coverage
and area and to provide such yards
and other open space as are herein
required. Such lot shall front a public
road or street and may consist of:
1) A single lot of record;
2) A portion of a lot of record;
3) A combination of complete lots
of record; of complete lots of
record and portions of lots of
record; or of portions of lots of
record;
4) A parcel of land described by
metes and bounds; provided that
in no case of division or
combination shall any
residential lot or parcel be
created which does not meet the
requirements of this ordinance.
63. LOT OF RECORD: A lot or parcel of
land of which is part of a legal
subdivision in Clay County, Iowa,
the plat, deed or valid contract of
sale of which has been recorded in
the office of the Clay County
Recorder prior to the effective date
of this ordinance.
64. LOT, CORNER: A lot fronting on
two (2) or more intersecting streets.
65. LOT, INTERIOR: A lot other than
a corner lot.
66. LOT, THROUGH: A lot having
frontage on two (2) parallel or
approximately parallel streets. Also
known as a double frontage lot.
67. LOT AREA: The net horizontal
area bounded by front, side and rear
lot lines excluding any public rightof-way.
Image Source: The New Illustrated Book of Development Definitions,
Harvey S. Moskowitz & Carl G. Lindbloom, 1993
68. LOT (or BUILDING) COVERAGE:
46
The area of a lot covered by buildings or roofed areas, excluding incidental projecting eaves
and gutters, balconies, and similar features; and also excluding ground level paving or decks
below twelve inches in height, landscaping, and open recreational facilities.
69. LOT DEPTH: The distance between the front and rear lot lines. In the case of a lot of
irregular shape, the mean depth shall be the lot depth.
70. LOT LINES: The property lines bounding a lot.
71. LOT WIDTH: The width of a lot measured at the building line and at right angles to its depth.
72. MANUFACTURED HOME: A factory-built structure which is manufactured or built under
authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety
Standards, which was constructed on or after June 15, 1976, and is required by Federal law to
display a seal from the United States Department of Housing and Urban Development
certifying that it is in compliance with the Federal Manufactured Housing Construction Act
of 1974. (Code of Iowa, Sec. 435.1)
73. MANUFACTURED HOUSING COMMUNITY (OR SUBDIVISION): Means the same as
land-leased community defined in Sections 335.30A and 414.28A Code of Iowa. Any site,
lot, field or tract of land under common ownership upon which ten or more occupied
manufactured homes are harbored, either free of charge or for revenue purposes, and includes
any building, structure or enclosure used or intended for use as part of the equipment of the
manufactured home community. (Code of Iowa, Sec. 435.1)
A manufactured home community or mobile home park shall not be construed to include
manufactured or mobile homes, buildings, tents, or other structures temporarily maintained
by any individual, educational institution, or company on their own premises and used
exclusively to house their own labor or students. The manufactured home community or a
mobile home park must be classified as to whether it is a “residential” or “recreational”
manufactured home community or mobile home park or both. The manufactured home
community or mobile home parks residential landlord and tenant Act, Chapter 562B, Code of
Iowa, only applies to “residential” manufactured home community or mobile home park.
(Code of Iowa, Sec. 435.1)
74. MOBILE OR MANUFACTURED HOUSING CONVERTED TO REAL ESTATE: A
mobile or manufactured home which is located outside a mobile home park or manufactured
home subdivisions shall be converted to real estate by being placed on a permanent
foundation; and shall be assessed for real estate taxes except in the following cases:
(Code of Iowa, Sec. 435.26 & 435.35)
1) Retailer’s Stock: Mobile homes or manufactured housing on private property as part of
a retailer’s or manufacturer’s stock not used as a place of human habitation.
2) Existing Homes: A taxable mobile home or manufactured housing which is located
outside of a manufactured housing community or mobile home park prior to the
effective date of this ordinance shall be assessed and taxed as real estate, but is exempt
from the permanent foundation requirement until the home is relocated.
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75. MOBILE HOME: Any vehicle without motive power used or so manufactured or
constructed as to permit it being used as a conveyance upon the public streets and highways
and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place
for human habitation, dwelling or sleeping places by one or more persons; but also includes
any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile
home is not built to a mandatory building code, contains no state or federal seals, and was
built before June 15, 1976. (Code of Iowa, Sec. 435.1). All mobile homes shall be located
within a mobile home park.
76. MOBILE HOME PARK: Any site, lot, field or tract of land upon which two (2) or more
mobile homes are parked and operated as a for-profit enterprise with water, sewer, or septic,
and electrical services available. (Code of Iowa, Sec. 435.1)
77. MODULAR HOME: A factory-built structure which is manufactured or constructed to be
used as a place of human habitation, and is constructed to comply with the Iowa State
Building Code for modular factory-built structures, as adopted pursuant to Section 103A.7
Code of Iowa, and must display the seal issued by the state building code commissioner. If a
modular home is placed in a manufactured housing community or mobile home park, the
home is subject to the annual tax as required by Section 435.22 Code of Iowa. If a modular
home is placed outside a manufactured housing community or mobile home park, the home
shall be considered real property and assessed and taxed as real estate.
(Code of Iowa, Sec. 435.1)
78. NON-FARM RESIDENCE: A residential dwelling in unincorporated areas of Clay County
located upon land which is not a farmstead or primarily used for agricultural purposes.
79. NONCONFORMING USE: A lawful use of any land, building, or structure, other than a
sign, that does not conform with currently applicable use regulations, but which complied
with use regulations in effect at the time the use was established.
80. NONCONFORMING STRUCTURE (OR BUILDING): A structure or building in size,
dimensions, or location of which was lawful prior to the adoption, revision, or amendment to
the Clay County Zoning Ordinance, but which fails to conform to present zoning
requirements.
81. OCCUPANCY (or OCCUPIED): The residing of an individual or individuals overnight in a
dwelling unit or the storage or use of equipment, merchandise, or machinery in any public,
commercial, or industrial building.
82. PARKING LOT: An off-street, ground level unenclosed area intended for the temporary
parking of motor vehicles.
83. PARKING SPACE: A surfaced area, enclosed or unenclosed, having an area of not less than
one hundred eighty (180) square feet (typically a 9’ by 20’ parking area) plus necessary
maneuvering space for the parking of a motor vehicle, and connected with a street or alley by a
surfaced driveway which affords satisfactory ingress and egress for automobiles. Space required
for maneuvering, incidental to parking shall not encroach upon any public right-of-way.
Driveways for one and two family structures may be considered as parking spaces.
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84. PERMANENT FOUNDATION (for manufactured housing or mobile homes): A mobile or
manufactured home located outside of a manufactured home subdivision or mobile home
park shall be placed on a permanent frost-free foundation which meets the support and
anchorage requirements as recommended by the manufacturer or required by the State
Building Code. The foundation system must be visually compatible with permanent
foundations systems of surrounding residential structures. (Code of Iowa, Sec. 414.28)
85. PLANNED UNIT DEVELOPMENT (PUD): An area of minimum contiguous size specified
in this ordinance developed according to plan as a single entity and containing one or more
structures or land uses with appurtenant or adjacent common areas.
86. PORCH, OPEN: A roofed structure, open on two (2) or more sides, projecting from the front,
side or rear wall of the building.
87. PRINCIPAL USE: See Use, Principal.
88. PROHIBITED USE: Any use not permitted by right or by special exception in a zoning
district.
89. PROPERTY: A lot, parcel, or tract of land together with the buildings and structures located
thereon.
90. PUBLIC NOTICE: The publication of the time and place of any public hearing for zoning
purposes being not less than seven (7) days or not more than twenty (20) days prior to the
date of said hearing in one newspaper of general circulation in the county.
91. RESIDENTIAL PURPOSES: The intent to use and/or the use of a room or group of rooms for
the sleeping, living and housekeeping activities for the same person or the same group of
persons on a permanent or semi-permanent bases of an intended tenure of one month or more.
92. RECREATIONAL VEHICLE: A vehicle or structure so designed and constructed in such a
manner as will permit occupancy thereof as sleeping quarters for one or more persons, or for
sporting or recreational purposes. A recreational vehicle is so designed that it is or may be
mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by
its own or other motive power, except a device used exclusively upon stationary rails or
tracks. Such a vehicle shall be customarily or ordinarily used for, but not limited to,
vacationing, recreational purposes, pick-up campers, camping, motor coaches, trucks or buses.
93. RECREATIONAL VEHICLE PARK: Any area providing spaces for two (2) or more travel
trailers, motor homes, camping trailers or tent sites for temporary occupancy for revenue
purposes.
94. ROAD OR STREET LINE: The dividing line between a lot, tract, or parcel of land and the
right-of-way line of a contiguous road, street, or alley.
95. ROADSIDE STAND: A temporary structure, unenclosed, and so designed and constructed
that the structure is easily portable or can be readily moved, and which is adjacent to a road
and used for a sale of farm products produced or grown on the premises.
96. SALVAGE YARD: See Junkyard.
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97. SETBACK: The minimum required distance between any lot line and the supporting walls or
structures of any building or deck more than 12” above grade. When two or more lots under
single ownership are used for purposes of one zoning lot, the exterior property lines so
grouped shall be used in determining setbacks.
98. SETBACK LINE: A line within a lot parallel to and measured from a corresponding lot line,
forming the boundary of a required yard and defining that minimum distance between the
building and property line which buildings and structures may not be placed.
99. SITE DEVELOPMENT REGULATIONS: The combinations of controls that establish the
maximum size of a building and its location on the lot. Components of bulk regulations include:
size and height of building; location of exterior walls at all levels with respect to lot lines,
streets, or other buildings; building coverage; gross floor area of building in relation to the lot
area; open space; and amount of lot area provided per dwelling unit.
100. SITE PLAN: A plan, prepared to scale, showing accurately and with complete
dimensioning, all of the buildings, structures and uses, and the principal site development
features including parking, access, and landscaping and screening, proposed for a specific
parcel of land.
101. SPOT ZONING: Rezoning of a lot or parcel of land to benefit an owner for a use
incompatible with surrounding land uses and that does not further the comprehensive plan.
102. STORY: That portion of a building, included between the surface of any floor and the
surface of the floor above it, or if there is no floor above it, then the space between the floor
and the ceiling next above it.
103. STORY, HALF: A space under a sloping roof which has the line of intersection of roof
decking and wall face not more than four (4) feet above the top floor level.
104. STREET: A public or private thoroughfare that affords the primary means of access to
abutting property.
105. STREET, FRONT: The street or public place upon which a plot abuts. If a plot abuts upon
more than one street or public place it shall mean the street in front of the primary entrance to
the building.
106. STRUCTURE: Anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground. Among other things, structures
include buildings, mobile homes, and billboards. Structures do not include such items as
fences, utility poles, street light or signs, other public use items or tombstones.
107. SUBSTANDARD LOT (OR NONCONFORMING LOT): A lot of record that does not comply
with currently applicable minimum area, width, or depth requirements for the zoning district in
which it is located, but which complied or was conforming with applicable requirements when it
was placed on record prior to the enactment of this Zoning Ordinance.
108. TEMPORARY STRUCTURE: A structure without any foundation or footings and that is
removed when the designated time period, activity, or use has ceased.
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109. USE: The conduct of an activity or the performance of a function or operation, on a site or in
a building or facility.
1) Principal Use: The main use of land or structures as distinguished from an accessory
use.
2) Permitted Use: Any use permitted as a matter of right when conducted in accord with
the regulations established by this ordinance; of which fulfills the primary function of a
household, establishment, institution, or other entity.
3) Special Exception Use: A use allowable solely on a discretionary and conditional basis
subject to a Special Exception use permit, and to all other regulations established by
this ordinance.
4) Accessory Use: A use or activity that is incidental to and customarily associated with a
specific principal use on the same site.
110. UTILITY, PUBLIC OR PRIVATE: Any agency that under public franchise or ownership, or
under certificate of convenience and necessity, or by grant of authority by a governmental
agency, provides the public with electricity, gas, heat, communication, transportation, water,
sewer collection or other similar services.
111. VACANCY: Any unoccupied land, structure, or part thereof that is available for occupancy.
112. VALUATION: The estimated cost to replace a building; based on current cost of
replacement.
113. VARIANCE: The relaxation of the terms of the zoning ordinance where such variance will
not be contrary to the public interest and where, owing to conditions and peculiarity of the
property and not the results of actions of the applicant, a literal enforcement of the zoning
regulations would result in an unnecessary and undue hardship. A variance is authorized only
for height, area, and size of structure or size of yards and open spaces. Establishment or
expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance
be granted because of the presence of nonconformities in the zoning district or uses in an
adjoining zoning district.
114. WINERY: A facility or building(s) in which wine and associated alcoholic beverages are
produced and sold on the premesis; and associated with viticulture on the same or adjoining
tracts. A winery also includes, but not limited to, associated food and beverage services, wine
tastings, conference or entertainment space, and retail or gift shop sales.
115. YARD: An open space on the same lot adjoining a lot line, containing buildings, structures,
landscaping and other such uses and facilities as may be permitted in this ordinance. In
measuring a yard for the purpose of determining the depth of a front yard or rear yard, the
least distance between the lot line and the main building shall be used. In measuring a yard
for the purpose of determining the width of a side yard, the least distance between the lot line
and the nearest permitted building shall be used. A yard shall be measured exclusive of
public right-of-ways.
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1) Front Yard: An area of yard
extending across the full width of the
lot and measured between the front
lot line and the building or any
projection thereof, exclusive of the
usual steps and eaves. In the case of
corner lots, the front yard shall be
considered as the yard adjacent to the
street upon which the lot has its least
dimension.
Rear
Lot
Front Lot Line
Fron
t
2) Interior Yard: Any area of yard, not
adjacent to a street, which is
determined on the basis of an interior
lot line.
Rear
3) Rear Yard: An area of yard extending
across the full width of a lot and
measured between the rear lot line
and the building or any other
projections other than uncovered
steps, unenclosed balconies, or eaves.
On both corner lots and interior lots
the opposite end of the lot from the
front yard shall be considered the rear
yard.
Interior
Side Yard
Side
Lot
3) Side Yard: An area of yard extending the depth of a lot from the front yard to the rear
yard and measured between the side lot lines and the nearest principal building,
exclusive of the usual steps and eaves. In the case of a corner lot, the street side yard
shall extend from the front yard to the rear lot line.
116. ZONING: The delineation of districts and the establishment of regulations governing the
use, placement, spacing, and size of land and buildings.
117. ZONING ADMINISTRATOR: The individual appointed by the Board of Supervisors to
administer and enforce compliance with the provisions of this ordinance and to issue zoning
permits.
118. ZONING PERMIT: A permit issued and enforced by the zoning administrator, as a condition
precedent to the commencement of a use, or the erection, construction, reconstruction,
restoration, alteration, conversion, or installation of a structure or building; acknowledging
the proposed use, building, or structure complies with the provisions of the zoning ordinance,
special exception or authorized variance.
119. ZONING MAP: A map, adopted by the governing body, delineating the boundaries of
identified districts referencing the distinction and separation of zoned land uses which, along
with the zoning text, comprises the zoning ordinance.
3.2. USE CLASSIFICATIONS.
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The purpose of use classifications is to provide a consistent set of terms encompassing and
defining those uses permitted by right or special exception in the zoning districts, and to provide
a procedure for determination of the applicable use classification of any activity not clearly
within any defined use classification.
In event of any question as to the appropriate use classification of any existing or proposed use
or activity, the zoning administrator shall have the authority to determine the classification,
subject to the right of appeal pursuant to Section 22.9. In making such determinations, the zoning
administrator shall consider the characteristics of the use in question, and consider any
functional, product, service, or physical requirements common with or similar to uses cited as
examples of use classifications.
1) General Description of AGRICULTURE/CONSERVATION USE TYPES:
Agricultural use types include, but not limited to, the following:
a. Agriculture Uses: See Definition No. 4
b. Agricultural Animal Husbandry: The raising of cattle, swine, poultry, horses, sheep, goats
or other similar animals for reproductive stock or for slaughter in which such uses are
conducted in either confined animal feeding operations or open yards, including pasture.
c. Agricultural Seed Sales: The sale of corn seed or other agricultural commodity seeds
from the premises of a farm or farmstead
d. Agricultural Storage Buildings: Buildings or structures used and intended for the housing,
storage and maintenance of machinery, equipment, supplies, agricultural products, and
vehicles used for agricultural purposes. This does not include the use of storage buildings
or other agricultural buildings for rent or profit, or any commercial purposes for nonagricultural related vehicles including recreational vehicles.
e. Crop Production: The raising, harvesting, handling, storage, packaging, processing and
transportation of tree crops, row crops, field crops or any other agricultural commodity.
f. Critical Area: A natural feature in need of preservation from encroaching land uses. Such
areas may include, but not limited to sensitive or prime agricultural soils as defined by the
Natural Resource Conservation Service (NRCS), areas of excessive slope, natural marshes,
woodlands, and floodplains as defined by FEMA, land reserved in CRP, buffer strips,
terraces, and land involved in other types of conservation or areas with restricted uses.
g. Farm: See Definition No.49
h. Farmstead, Abandoned: See Definition No.2
i. Farmstead, Existing: See Definition No.51
j. Farm Dwelling, Principal: A dwelling located on a farm and occupied by the owner or
operator of the farm or renter.
k. Farm Dwelling, Support Housing: The occupancy of living accommodations by
agricultural employees and family members on the same property as the principal permitted
residence, without regard to duration, but of which at least one of the residents must be
engaged in agriculture.
l. Floodplain: The channel and relatively flat area adjoining the channel of a natural stream
53
or river that has historically been or may have the potential to be covered by flood waters.
m. Fuel Storage: Includes the storage and handling of fuels for agricultural and support
vehicles and machinery, and not intended for resale or profit.
n. Horticulture: The growing of horticultural and floricultural specialties, such as flowers,
shrubs, or trees intended for ornamental or landscaping purposes, but excluding retail sales.
o. Pesticide/Fertilizer Storage: Includes the storage and handling of pesticides, fertilizers and
other commonly associated farm or agricultural chemicals used for farm or agricultural
purposes, and not intended for any commercial application or for resale or profit.
p. Undeveloped or Unimproved Land: Land in its natural state before development. This use
also includes land used for agricultural pasturage and land in agricultural conservation
practices.
q. Viticulture or Viniculture: The cultivation of grapes often for the use in production of wine
products. Grapes are grown for fresh fruit, dried fruit or for grape juice, which can be used
(amongst others) to produce wine. Typical uses include but not limited to vineyards. Note:
wine-making or production facilities and associated retail or commercial wineries are not
considered an agricultural use.
r. Water Control Structures, Irrigation or Retention Basins: Those man-made structures
which are intended to direct and/or control the water flow, drainage and percolation rate to
aid in the prevention of flooding or to direct water away from tillable agricultural land.
s. Wildlife Refuge/Preserve: Areas designated for the protection and sustaining of wildlife
habitat; in which human activities are limited and the natural environment is protected.
2) General Description of RESIDENTIAL USE TYPES:
Residential use types include the occupancy of living accommodations on primarily
nontransient basis or institutional living arrangements, but excluding those providing forced
residence such as prisons.
a. Condominium Residential: The use of a site for three (3) or more multiple family
dwelling units intended for separate ownership, together with common area serving all
dwelling units; whereas the structure, common areas and facilities are owned by all of the
owners on a proportional, undivided basis.
b. Family Home (as per Chapter 414.22 Iowa Code): A community based residential home
which is licensed as a residential care facility under Chapter 135C of the Iowa Code or as
a child foster care facility under Chapter 237 of the Iowa Code to provide room and
board, personal care, habilitation services, and supervision in a family environment
exclusively for not more than eight (8) persons with a developmental disability or brain
injury and any necessary support personnel. However, family home does not mean an
individual foster care family home licensed under Chapter 237.
c. Group Residential: The residential occupancy of living accommodations by groups of
more than five (5) persons not defined as a family on a weekly or longer basis. Typical
uses include but not limited to fraternity/sorority houses, residence halls or county homes.
54
d. Mobile Home or Manufactured Housing: See Definitions 88 and 91. The residential
occupancy of mobile homes or manufactured housing by families on a weekly or longer
basis. Uses include mobile home parks and manufactured housing subdivisions.
e. Multiple Family Residential: The use of a site for three (3) or more dwelling units within
one or more buildings.
f. Relocated Residential: An existing residential structure, intended for occupancy, which
has been moved from one location in the county to another location in the county, or
where an existing residential structure has been moved into Clay County from a location
outside of Clay County. A relocated residential structure does not include the moving of a
new manufactured, modular or mobile home. Relocated residential properties shall
submit a route plan, photographs of the building to be moved, and a building permit prior
to moving a building or structure in Clay County.
g. Residential Healthcare Facilities: Any residential care services, intermediate care facility
or skilled nursing home.
1) Residential Care Services: A use, other than a hospital or convalescent facility,
providing care for ambulatory persons in a residential environment, including
overnight occupancy or extended care.
2) Assisted Living Facility: Residences for primarily senior or retired persons that
provide dwellings, housekeeping services, meals, personal care, and supervision of
self-administered medication. Assisted living facilities are sometimes combined with
other housing such as congregate housing, senior housing, or residential care services.
3) Skilled Nursing Facility or Convalescent Home: Any building, structure, institution or
facility providing care for a period exceeding twenty-four hours for residency or
nursing services, the need for which is certified by a physician to three (3) or more
individuals, who by reason of illness, disease, or physical or mental illness require
continuous care and medical services.
h. Single Family Residential: The use of a site for only one (1) single family dwelling unit.
i. Summer Cottage: A single family dwelling, intended for seasonal or temporary
occupancy only, and not used as a family residence during the entire year.
j. Townhouse Residential: The use of a site for three (3) or more dwelling units, constructed
with common or adjacent walls and each located on a separate ground parcel within the
total development site.
k. Two Family Residential (duplex or twin home): The use of a site for two (2) dwelling
units on a single lot or parcel.
3) General Description of COMMERCIAL USE TYPES:
Commercial use types include the sale, rental, service, and distribution of goods; and the
provision of services other than those classified as industrial or civic uses.
a. Administrative and Business Offices: Office of private firms or organizations, which are
primarily used for executive, management, or administrative services. Typical uses
55
include but not limited to administrative offices, estate, insurance, property management,
investment, personnel, travel, secretarial services, telemarketing, photocopy and
reproduction, and offices of public utilities or associations.
b. Agricultural Sales and Services: Establishments or businesses engaged in sale of feed,
grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related
services with incidental storage on lots other than where the service is rendered. Typical
uses include nurseries, hay, feed and grain stores, and tree service firms.
c. Automotive Repair Services: Repair of automobiles, noncommercial truck, motorcycles,
motor homes, and recreational vehicles; including the sale, installation, and servicing of
equipment and parts.
d. Automotive Sales or Rental: Sales or rental of automobiles, noncommercial truck,
motorcycles, motor homes, and recreational vehicles; including incidental storage,
maintenance, and servicing. Typical uses include but not limited to new and used car
dealerships, motorcycle dealerships, vehicle trailer and recreational vehicle dealerships.
e. Automotive Washing: Washing and cleaning of automobiles, related light equipment, and
trucks. Typical uses include but not limited to car washes or truck washes. Does not
include large truck cleanouts or wash outs.
f. Building Maintenance/Support Services: Establishments primarily engaged in the
provision of maintenance and custodial services to other businesses, along with
businesses engaged in the sale, rental or repair of equipment and supplies used by
professional establishments. Typical uses include but not limited to janitorial,
maintenance and cleaning services, office equipment supply, business machine repair, or
hotel equipment and supply firms.
g. Business or Trade School: A use providing education or training in business, commerce,
language, or other similar activity or occupational pursuit, and not otherwise defined as a
home occupation, college or university, or public or private educational facility.
h. Cocktail Lounge: A use engaged in the preparation and retail sales of alcoholic beverages
for consumption on premises, including taverns, bars, cocktail lounges, and similar uses.
i. Commercial Auction Yards and Barns: A place or structure where primarily, but not
exclusively, livestock, fowl, poultry or other animals are offered for sale for profit to
persons who bid in competition with each other.
j. Commercial Off-Street Parking: Parking of motor vehicles on a temporary basis within
privately owned off-street parking facility, other than accessory to a principal use. Uses
include commercial parking lots or parking garages.
k. Commercial Recreation: Establishments or places primarily engaged in the provision of
sports, entertainment, or recreation for participants or spectators. The following are
commercial recreation use types:
1) Indoor Entertainment and Recreation: Uses conducted within an enclosed building.
Typical uses include but not limited to bowling alleys, ice and roller skating rinks,
arcades, motion picture theatres, dance halls.
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2) Outdoor Entertainment and Recreation: Uses conducted in open or partially enclosed
or screened facilities. Typical uses include but not limited to sporting arena, swimming
pools, tennis courts, racquetball courts, racing facilities, go-kart track, amusement part
or driving range.
l. Commercial Stables: Any place, area, building or structure where horses or similar species
are boarded, houses, bred, cared for fed or trained by other than the owner or occupants
of the premises; or any other place, are, building or structure where more than one (1)
horse or similar species is kept for purpose of breeding or raising for a fee. Typical uses
include but not limited to horse ranches, boarding stables or public stables.
m. Communications Services: Establishments primarily engaged in the provision of
broadcasting and information relay services but exclude those classified as Major Utility
Facilities. Typical uses include but not limited to radio, television, cellular and other
similar antennas, towers, or structures; and fiber optic lines and transmission facilities.
n. Condominium or Business Storage Unit: A building or series of buildings in which storage
units or floor area is owned independently; but the property is owned by all of the owners
on a proportional basis or single ownership. These storage units are designed for indoor
storage of RVs, boats, watercrafts, snowmobiles, motorcycles, automobiles, antiques,
toys, trailers, record storage or other similar uses. Condominium storage must be
designed in a way that each unit maintains a separate entrance.
o. Construction Sales and Services: Establishments or places of business engaged in
construction activities and incidental storage on lots other than construction sites as well
as the retail or wholesale of materials used in construction of building or other structures
other than retail sale of paint, fixtures and hardware; but excludes those classified as one
of the Automotive and Equipment Services use types. Typical uses include but not
limited to building materials stores, tool and equipment rental or sales, or contractors.
p. Convenience Storage: Storage services primarily for personal effects and household goods
within enclosed storage areas having individual access, but excluding use as workshops,
hobby shops, manufacturing, or commercial activity. Typical uses include but not limited
to mini-warehousing.
q. Convenience Store: Any retail establishment offering for sale engaged in the retail sale of
food and household products, including gasoline. The servicing or storage of vehicles
shall be prohibited.
r. Equipment Repair Services: Repair of trucks, tractors, construction equipment,
agricultural implements, and similar heavy equipment. Typical uses include but not
limited to truck repair garages, tractor and farm implement repair services, and machine
shops, but exclude dismantling or salvage.
s. Equipment Sales: Sale or rental of trucks, tractors, construction equipment, agricultural
implements and similar heavy equipment; including storage, maintenance and servicing.
Typical uses include but not limited to heavy truck or construction equipment
dealerships.
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t. Financial Services: Establishments primarily engaged in the provision of financial and
banking services. Typical uses include but not limited to banks, savings and loan
institutions, loan and lending activities, and similar services.
u. Funeral Services: Establishments engaged in undertaking services such as preparing the
human dead for burial and arranging and managing funerals. Typical uses include but not
limited to funeral homes, crematoriums or mortuaries.
v. General Retail Sales: Sale or rental of commonly used goods, and merchandise for
personal or household use, but excludes those classified more specifically in this section
inclusive. Typical uses include but not limited to department stores, grocery stores,
apparel stores, furniture stores; or establishments providing cleaning products, drugs,
cards, stationery, books, tobacco, cosmetics, flowers, plants, hobby materials, toys,
apparel, fabrics, cameras, photography, electronics, sporting equipment, kitchen supplies,
home furnishings, appliances, art supplies, antiques, paint and wallpaper, carpeting and
floor covering, decorating services, office supplies, bicycles or automotive parts.
w. Golf Course: Land area and buildings containing golf course, club house, pro shop,
restaurant and lounge, swimming pool and tennis courts and other services and buildings
typically associated with the operation of a golf course or country club.
x. Hospital Services: A facility providing medical, psychiatric, or surgical services for sick
or injured persons primarily on an inpatient and emergency treatment, diagnostic
services, research, administration, and services to patients, employees or visitors.
y. Kennel, Commercial: Any establishment where four (4) or more dogs, cats or non-hoofed
domesticated animals at least six months of age are kept, housed, groomed, bred,
boarded, trained, or sold, all for a fee or compensation. Typical uses include but not
limited to boarding kennels, pet motels, or dog training centers.
z. Liquor Sales: Establishments or places of business engaged in retail sale for consumption
off the premises of alcoholic beverages. Typical uses include but not limited to liquor
stores, bottle shops, or any licensed sales for off-site consumption.
aa. Maintenance and Service Facilities: A facility supporting maintenance, repair, vehicular
or equipment servicing, materials storage, and similar activities, including equipment
service centers and similar uses having characteristics of commercial services,
contracting or industrial activities.
bb. Medical Clinics /Offices: A building or use providing consultation, diagnosis, therapeutic,
preventative, or corrective personal treatment services by doctors, dentists, medical and
dental laboratories, and similar practitioners licensed for practice by the State of Iowa.
cc. Personal Improvement Services: Establishments primarily engaged in the provision of
informational, instructional, personal improvement and similar services. Typical uses
include but not limited to photography studios, driving schools, health or physical fitness
studios, reducing salons, dance studios, handicraft and hobby instruction.
dd. Personal Services: Establishments or places of business primarily engaged in the
provision of frequently or recurrently needed services of a personal nature. Typical uses
include but not limited to beauty and barbershops, seamstress, tailor, shoe repair, laundry,
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linen supply or apparel cleaning services.
ee. Professional Office: Any building or part thereof used by one (1) or more persons engaged
in the practice of law, accounting, architecture, medicine, engineering or other occupation
customarily considered as a profession.
ff. Restaurant (Convenience): A use engaged in the preparation and retail sale of food and
beverages, excluding alcoholic beverages, for on premise consumption. Typical uses
include but not limited to soda fountains, ice cream parlors, sandwich shops, cafes, and
coffee shops.
gg. Restaurant (General): A use engaged in the preparation and retail sales of food and
beverages, including sale of alcoholic beverages when conducted as an accessory or
secondary feature and producing less than fifty percent (50%) of the gross income. A
general restaurant may include live entertainment. Typical uses include but not limited to
restaurants, lounges, bar & grills, and other similar establishments.
hh. Service Station: The provision of automotive fuels, oils, lubricants, parts and other items
customarily associated with the sale of such products, but only intended for incidental
repair services to motor vehicles.
ii. Stockyards: Stockyard services involving the temporary keeping of livestock for slaughter,
market or shipping. Typical uses include but not limited to animal stockyards, animal
sales or crop or animal auction yards.
jj. Transportation Services: A facility for the loading and unloading of goods and/or freight, as
well as the interchange of passengers and baggage between modes of transportation;
including but not limited to bus or train terminals, rail stations, airport terminals, transit
facilities, and other shipping/receiving facilities.
kk. Vehicle Storage: Long term storage of operating or non-operating vehicles. Typical uses
include but not limited to storage of private parking tow-a-ways or impound yards, but
exclude dismantling or salvage.
ll.
Veterinary Services: Veterinary services for animals. Typical uses include but not limited
to pet clinics, dog and cat hospitals, and veterinary hospitals.
mm. Visitor Habitation: Establishments primarily engaged in the provision of lodging on a
temporary basis with incidental food, drink and other sales and services intended for the
convenience of guests. The following are visitor habitation use types:
1) Campground: Facilities or any area of land or potion thereof designed for and providing
spaces for two (2) or more occupants of tents, travel trailers, recreational vehicles,
camping trailers, or other mobile living facilities, for temporary occupancy with
necessary incidental services, sanitation and recreation facilities to serve the public.
Typical uses include but not limited to campgrounds or recreational vehicle parks.
2) Hotel-Motel: A building or group of buildings, attached or detached, containing guest
rooms which provide lodging for compensation to the public. Other such accessory uses
associated with a hotel-motel may include a swimming pool, restaurant, cocktail lounge,
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meeting/ conference rooms, management office and quarters for the use of operating
personnel.
3) Bed & Breakfast Inn: A private, owner-occupied housing unit, or portion thereof where
short term lodging and meals are provided for up to six (6) sleeping rooms for rent to the
public. Individual units designed as rentals shall contain no cooking facilities.
4) Boarding or Lodging House: A building, other than a hotel or motel, where for
compensation and by arrangement, meals and lodging are provided for three (3) or more
persons not defined as a family.
5) Resort Enterprise: Any building or group of buildings containing guest rooms offered
for rent primarily for temporary occupancy (less than 31 days or one month). Such
buildings may include quarters for the boarding of employees.
6) Timeshare: The ownership of any structure by three (3) or more unrelated persons in
which occupancy by shared owners occurs at varying times throughout the year.
nn. Wind Energy Devices: Wind Energy Conversion Systems (WECS) or other similar wind
machines are those devices including but not limited to wind charger, windmill, wind
turbine or wind generators which converts wind energy to a form of usable energy.
4) General Description of INDUSTRIAL USE TYPES:
Industrial use types include the on-site extraction or production of goods by methods not
agricultural, and storage and distribution of products.
a. Biotechnology Production and/or Manufacturing: Facilities, warehouses, and production
or assembly plants engaged in the production, manufacturing, packaging, and distribution
of products generally associated with the fields of animal or human biotechnology.
b. Custom Manufacturing: Establishments engaged in the on-site production of goods by
hand manufacturing which involves the use of hand tools or mechanical equipment and
the incidental direct sale of only those goods produced on-site. Typical uses include but
not limited to ceramic studios, candle making, glass blowing or custom jewelry.
c. Fertilizer or Chemical Storage or Processing: Those uses which promote the sale, storage,
transfer or processing of agricultural, industrial or other chemicals.
d. Fuel Storage: The storage of any fuel source in above or below ground tanks for purposes
of distribution, storage or for sale. Such uses may include, but are not limited to gasoline
storage facilities, bulk storage, propane storage or natural gas storage sites.
e. Heavy Industry: A use engaged in the processing and manufacturing of materials or
products predominantly from extracted or raw materials, or a use engaged in storage of or
manufacturing processes using flammable or explosive materials; or manufacturing
which involves hazardous or commonly recognized offensive conditions.
f. Light Industry: A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing, fabrication,
assembly, treatment, and packaging of such products, and incidental storage, sales, and
distribution of such products, but excluding heavy industrial processing.
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g. Railroad Facilities: Including but not limited to rail yards, equipment servicing facilities,
loading and unloading facilities and rail terminal facilities.
h. Renewable Energy/Renewable Resources Industries: Those industries/businesses engaged
in the use of products that are sustainable in the environment or in harnessing renewable
resources for energy purposes. Typical uses include but are not limited to biofuels,
biomass, solar energy, hydro power, and geothermal.
i. Research and Production Services: Establishments primarily engaged in research of an
industrial or scientific nature, including animal or human products testing. Typical uses
include but not limited to animal or human research labs, research and development firms
or animal/human pharmaceutical research labs.
j. Resource Extraction: A use involving the on-site extraction of surface mineral products or
natural resources. Typical extractive uses are, but not limited to quarries, borrow pits,
sand and gravel operations, oil and gas extraction, and mining operations.
k. Sanitary Landfill: An area of land designated for disposal of garbage, refuse, waste,
rubbish, and solid or semisolid materials of which are buried between layers of earth.
l. Scrap and Salvage Services: Businesses primarily engaged in storage, sale, dismantling or
other processing of used or waste materials which are not intended for reuse. Typical uses
include but not limited to scarp or storage yards, junkyards or salvage yards.
m. Warehousing and Distribution: Establishments or places of business primarily engaged in
wholesaling, storage, distribution and handling of materials and equipment other than live
animals and plants. The following are warehousing use types:
1) Limited Warehousing and Distribution: Wholesaling, storage and warehousing services
within enclosed structures. Typical uses include but not limited to wholesale
distributors, storage warehouses or moving and storage firms.
2) General Warehousing and Distribution: Open-air storage, distribution and handling of
materials and equipment. Typical uses include but not limited to grain elevators or open
storage yards.
5) General Description of CIVIC USE TYPES:
Civic use types include the performance of utility, educational, recreational, cultural,
medical, protective, governmental, and other uses strongly vested with public or social
importance.
a. Aviation Facilities: Landing fields, aircraft parking and service facilities, and related
facilities for the operation, service, fueling, repair, storage, charter, or rental of aircraft.
b. Cemetery: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbiums, crematoriums, mausoleums and mortuaries
when operated in conjunction with and within the boundary of such cemetery.
c. Club or Lodge: A use providing meeting, recreational, or social facilities for private or
non-profit associations, primarily for use by members and guests.
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d. Cultural Services: A library, museum, art gallery, or other nonprofit use offering display,
preservation or exhibition of historical objects or the fine arts and sciences.
e. Daycare Center: A facility, or use of a building or portion thereof, for daytime care of
seven (7) or more individuals, or as indicated by the State of Iowa. This term may include
day care centers for children or adults and similar uses.
f. Detention Facilities: A publicly operated use providing housing and care for individuals
confined by law.
g. Government/Public Services: Offices, administrative, clerical, governmental, or public
services that deal directly with the citizen. Typical uses include but not limited to federal,
state, and county offices, postal facilities, or other public or non-profit organizations
directly benefiting the general public.
h. Local Utility Services: Essential services which are necessary to support principal
development and involve only minor structures such as lines and poles.
i. Major Utility Facilities: Communication towers, antennas, generating plants, electrical
switching facilities and primary substations, refuse collection or disposal facilities, water
and wastewater treatment plants and similar facilities of public use, and firms having
potentially significant impact upon surrounding uses.
j. Military Installations: Military facilities of federal or state governments.
k. Park and Recreation Services: Publicly or privately owned and operated parks,
playgrounds, open spaces, and swimming pools.
l. Pre-Kindergarten, Preschool, or Nursery School: An establishment enrolling children
where tuition or other forms of compensation for the care of children is charged, and
which is licensed or approved to operate as an educational facility for children.
m. Educational Facilities: A public, private, or parochial school offering instruction at the
elementary, junior and senior high school or collegiate levels.
n. Public Assembly: Publicly owned or operated facilities for major public assembly,
recreation, sports or entertainment, including civic or community auditoriums,
convention facilities, event centers, fairgrounds, and exhibition facilities.
o. Religious Assembly: A building wherein people regularly assemble for religious worship,
which is maintained and controlled by a religious body organized to sustain public
worship together with all accessory buildings and uses. Excludes primary or secondary
educational facilities.
p. Safety Services: Facilities for public safety and emergency services, including police and
fire protection services and emergency medical and ambulance services.
q. Treatment Services: A use providing counseling, guidance, vocational, or similar services
to persons requiring rehabilitation assistance as a result of mental illness alcoholism,
detention, drug addiction, or similar condition on a residential or daytime basis.
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ARTICLE IV ZONING DISTRICTS ESTABLISHED
Article 4: Zoning Districts Established
Section 4.1.
Section 4.2.
Section 4.3.
Section 4.4.
Section 4.5.
Section 4.6.
Zoning Districts
Boundaries and Official Map
Interpretations of Districts Boundaries
Disincorporation
Roadway or Public Right-of-Way Vacation
General Regulations
Section 4.1. ZONING DISTRICTS.
The Board of Supervisors shall cause to be prepared and approved, an official zoning districts
map showing the various districts, which may be changed or corrected from time to time as
recommended by the Planning and Zoning Commission and enacted by the Board of
Supervisors. For the purpose and intent of this ordinance the unincorporated area of Clay
County, Iowa, is hereby divided into ten (10) zoning districts or zones as follows:
Agricultural District
Floodplain and Conservation District
Rural Residential District
Suburban Residential District
Multiple Family Residential District
Lake Residential District
Rural Mobile/Manufactured Home Park District
General Commercial District
Light Industrial District
Heavy Industrial District
(A-1)
(A-2)
(R-1)
(R-2)
(R-3)
(R-4)
(R-5)
(GC)
(I-1)
(I-2)
Section 4.2. BOUNDARIES AND OFFICIAL MAP.
The boundaries of these districts are indicated and established as shown upon maps designated as
the Official Zoning Map of Clay County, Iowa, which, with all their notations, designations,
references, and other matters shown thereon, shall be as much a part of this zoning ordinance as if
fully described and set forth herein.
Amendments, supplements, or changes of the boundaries of districts as shown on the official
zoning map shall be made by ordinance amending the Clay County Zoning Ordinance. The
amending ordinance shall refer to the official zoning map and shall set out the identification of
the area affected by legal description and identify the zoning district as the same exists and the
new district designation applicable to said property. After adoption and publication said
ordinance, in accordance with the provisions of this ordinance, shall be recorded by the County
Auditor on the official zoning map and a certified copy thereof be attached to the zoning map.
Such amendatory ordinance shall, however, not repeal or reenact said map, but only amend it.
The official zoning map shall be on file in a convenient place in the office of the Clay County
Auditor and/or zoning administrator’s office. In the event that the official zoning map becomes
damaged, destroyed, lost or difficult to interpret because of use or the nature or number of changes
and additions, the Board of Supervisors may, by resolution, adopt a new official zoning map which
63
shall supersede the prior official zoning map. The new official zoning map may correct drafting or
other errors or omissions in the prior map, but no such corrections shall have the effect of amending
the original zoning ordinance or any subsequent amendments thereof. The official zoning map,
together with amending ordinances, shall be the final authority as to the current zoning status of
land and water areas, buildings, and other structures in the county.
Section 4.3. INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to a district’s boundaries as shown on the official zoning map, the
following rules shall apply.
1. Boundaries indicated as approximately following the center lines of streets, highways, alleys or
other public right-of-ways shall be construed to follow such center lines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines;
3. Boundaries indicated as approximately following section lines, quarter section lines, or quarterquarter section lines shall be construed as following such lines;
4. Boundaries indicated as approximately following city limits shall be construed as following
such city limits;
5. Boundaries indicated as approximately following railroad lines shall be construed to be at the
centerline of a set of tracks.
6. Boundaries indicated as following shore lines shall be construed to follow such shore lines,
and in the event of change in the shore line shall be construed as moving with the actual
shore line; boundaries indicated as approximately following the center line of streams, rivers,
canals, lakes or other bodies of water shall be construed as following such center lines;
7. Boundaries indicated as parallel to or extensions of features indicated in subsections 1-6 above
shall be so construed. Distances not specifically indicated on the official zoning map shall be
determined by the scale of the map.
8. Where physical or cultural features existing on the ground are at variance with those shown on
the official zoning map, or in other circumstances not covered by subsection 1-7 above, the
Board of Adjustment shall interpret the district boundaries.
Section 4.4. DISINCORPORATION.
Any territory, lands, parcels or tracts which may hereafter become part of the unincorporated
area of Clay County, that is regulated by this ordinance by the disincorporation of any city or
town, or any part thereof shall automatically be classified as being within the (A-1) Agricultural
District until such time the Planning and Zoning Commission may recommend and the Board of
Supervisors shall determine and establish which zoning district(s) are most appropriate to the
disincorporated lands.
Section 4.5. ROADWAY OR PUBLIC RIGHT-OF-WAY VACATION.
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Whenever any roadway, street, highway or other public right-of-way is vacated by the official
action of the Board of Supervisors, the zoning district(s) adjoining each side of such roadway or
public right-of-way shall automatically extend to the center of such vacation and all area included in
such vacation shall thenceforth be subject to all appropriate regulations of the extended district.
Section 4.6. GENERAL REGULATIONS.
All structures, buildings or part thereof shall be constructed and used in conformity with the
regulations prescribed herein for the district in which such building or land is situated and a
zoning/building permit is issued by the zoning administrator.
1. The principal building on a lot shall front on a road, street, or other public place.
2. The depths of front yards or rear yards and width of side yards shall be measured from the lot
line to the nearest point of the building wall of the building or structure under consideration.
3. No building or structure shall be erected, converted, enlarged, re-constructed, or structurally
altered, nor shall any building or land be used, which does not comply with all of the district
regulations established by this ordinance for the district in which the building or land is
located.
4. No yard or lot shall hereafter be reduced in dimension or area so that any required yard or
other open space is below the minimum required by this ordinance for the district in which it
is located.
5. No part of a yard or other open space, or off-street parking or loading space provided about
any building, structure, or use for the purpose of complying with the provisions of this
ordinance shall be included as part of a yard, open space, or off-street parking or loading
space required under this ordinance for another building, structure, or use.
6. No accessory building to any principal building on the same lot shall be used for residential
purposes.
7. Any portion of a building that is covered by a roof shall be considered as a part of the building.
8. Every building hereafter erected or structurally altered shall be located on a lot as herein defined
and in no case shall there be more than one (1) principal residential building on one (1) lot
unless otherwise provided in this ordinance.
9. No building shall be erected or structurally altered to the extent specifically provided hereinafter
except in conformity with the off-street parking and loading regulations of this ordinance.
10. Every residence, business, trade or industry hereafter established which requires water supply
and sewage disposal facilities shall provide facilities which conform to the requirements and
procedures set forth in the Iowa Administrative Code, Environmental Protection Commission
[567]; especially Chapter 49 [567] - Nonpublic Water Supply Wells, and Chapter 69 [567] Private Sewage Disposal Systems.
These regulations shall be required in addition to any applicable county, state or federal health
and building regulations.
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ARTICLE V (A-1) AGRICULTURAL DISTRICT
Article 5: Agricultural District
Section 5.1.
Section 5.2.
Section 5.3.
Section 5.4.
Section 5.5.
Section 5.6.
Section 5.7.
Section 5.8.
Section 5.9.
Intent
Principal Permitted Uses
Permitted Residential Uses
Special Exception Uses
Permitted Accessory Uses and Structures
Site Development Regulations
Off-Street Parking and Loading Space
Sign Regulations
Zoning Permits Required
Section 5.1. INTENT.
The intent of the Agricultural District is to preserve land best suited for agricultural resources from
the encroachment of incompatible urban and suburban sprawl land uses.
Section 5.2. PRINCIPAL PERMITTED USES.
Only the following principal uses and structures shall be permitted by right within the (A-1)
Agricultural District, unless otherwise provided.
Agriculture/Conservation Uses
Agricultural Uses
Critical Area
Farms
Farmsteads
Farm Dwelling, Principal
Farm Dwelling, Support Housing
Floodplain
Fuel Storage
Horticulture
Pesticide/Fertilizer Storage
Undeveloped or Unimproved Land
Viticulture or Viniculture
Water Control Structures/Irrigation
Wildlife Refuge/Preserve
Non-Farm Residential Uses
Commercial Uses
Single Family Residential
(see Section 5.3 below)
Industrial Uses
Railroad Facilities
(including railroad right-of-ways)
Civic/Public Uses
Essential Services
Local Utility Services
Park and Recreation Services
Note: Any other buildings, structures, or uses of land primarily adapted for agricultural purposes
shall be exempt from zoning regulations.
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Section 5.3. PERMITTED NON-FARM RESIDENTIAL USES.
Non-farm residential dwellings in the agricultural district shall only be permitted on the
following types of property and meeting the criteria outlined in items 1-3. Non-farm residential
dwellings may be permitted if they meet any one of the five qualifying criteria in item 4 below.
1. Lots of Record, as defined in Section 16.2 of this ordinance.
2. In any instance within the agricultural district, single family non-farm dwellings shall not
exceed a density of one (1) principal residential dwelling per every ¼ ¼ section (approx. 40
acres), as defined by the U.S. Geological Survey. This requirement shall not apply to
agricultural support housing associated with the principal residential dwelling unit on a
parcel or lot.
3. Single family non-farm residential uses shall be limited to one (1) principal dwelling per lot,
parcel or tract of land. Residential uses associated with agricultural production on the
property where the house is located, a maximum of one (1) principal single family residential
dwelling and one (1) support housing dwelling per agricultural property is allowed.
4. A Single Family non-farm residential dwelling may locate within an (A-1) Agricultural
District if it meets the criteria outlined in parts 1-3 above and any one of the qualifying
criteria listed below.

Abandoned Farmsteads, which contain some indication of a previous building or
structure such as the footings or foundations of previous buildings.

An irregularly shaped lot that because of its area, size or shape has limited potential for
agricultural production.

Existing residential acreages, defined as a small parcel not under cultivation, which is
recorded as a separate parcel and has historical residential use in excess of five (5) years.

At least 75% of the site for the non-farm residential dwelling contains slopes greater than
nine percent (9%), of which must be documented by the applicant and verifiable.

At least 75% of the site for the non-farm residential dwelling contains soils unsuitable for
agricultural operations, primarily those soils with less than a 65 Corn Suitability Rating
(CRS), of which must be documented by the applicant and verifiable. If the soil type is
above a CSR of 65, the zoning administrator will make the determination of prime
agricultural soils based upon other mitigating factors. If there is uncertainty as to the
determination of prime agricultural soils, based upon the zoning administrator’s research
and consideration of CSR and other mitigating factors, then the zoning administrator can
refer the decision to the Planning Commission for review and recommendation of a
determination. In general, if the soil type is above a CSR of 65, then other mitigating
circumstances such as those listed above shall also be considered prior to approving nonagricultural uses to build in an agricultural zone. Following is a listing of soil types in
Clay County, Iowa determined to be identified as prime agricultural soils.
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Soil Name
McCreath
Nicollet
Ransom
Coland
Galva (terrace)
Annieville
Gillett Grove
Webster
Rushmore
Terril
Afton
Wilmonto
Spillville
Clarion
Wilmonton
Colo
Canisteo
Galva (terrace)
Annieville
Ocheda
Letri
Fostoria
Sac
Cylinder (32-40” sand/gravel)
Biscay
Fostoria
Wacousta
Ocheyedan
Belmann (gypsum phase)
Zook
Everly
Calco
Havelock
Ocheyedan
Collinwood
Wadena
Talcot
Soil Number
1091
55
282
135
810
928
1092
107
191
27B
31
456
485
138B
455
133
507
810B
928B
1385
397
879
77B
203
259
375
506
878
1053
54
577B
733
735
379
384
308
559
Corn Suitability Rating
83
82
81
78
78
78
78
77
76
75
75
75
75
74
74
73
73
73
73
73
72
72
71
71
70
70
69
69
69
68
68
68
68
67
67
65
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Section 5.4. SPECIAL EXCEPTION USES.
The following uses and structures may be permitted in the (A-1) Agricultural District subject to
specific conditions and requirements upon approval by the Board of Adjustment intended to
make them compatible with and acceptable to adjacent uses.
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Agricultural Uses
Residential Uses
Group Residential
Relocated Residential
Residential Care Services
Summer Cottage
Commercial Uses
Civic/Public Uses
Aviation Facilities
Cemetery
Cultural Services (including
historical sites and/or monuments)
Detention Facilities
Educational Facilities
Government/Public Uses
Major Utility Facilities
Religious Assembly
Safety Services
Industrial Uses
Fertilizer or Chemical Storage
or Processing
Fuel Storage
Renewable Energy/Renewable
Resource Industries
Resource Extraction
Sanitary Landfill
Scrap and Salvage Services
Bed & Breakfast Establishment
Business Home Occupations
(See Section 17.4 for additional regulations)
Campground
Commercial Auction Yards and Barns
Commercial Stables
Communication Services
Kennel, Commercial
Small Wind Energy Devices
Stockyards
Transportation Services
Veterinary Services
Wind Energy Devices
Before the issuance of any such special exception permit, the Planning and Zoning Commission
shall report to the Board of Adjustment regarding the effect of such building, structure or use
upon the character of the neighborhood, traffic conditions and other matters relating to the public
health, safety and general welfare. The Planning and Zoning Commission shall make such report
within sixty (60) days after application has been filed.
Section 5.5. PERMITTED ACCESSORY USES AND STRUCTURES.
Accessory uses shall not be the principal structure on any lot, and accessory uses are to remain
incidental and secondary in size, use, and nature to principal uses. The following accessory uses
and structures shall be permitted in the (A-1) Agricultural District.
1. Private garage or carport
2. Private parking lots
3. Single family dwellings, including a mobile home if used by the farm owner or operator,
member of the immediate family, or a person enganged in agriculture.
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4. Essential services, but not including any major utility facility
5. Utility sheds, garden buildings or greenhouses intended for personal or household use
6. Roadside stands for the sale of agricultural produce grown on the premises
7. Kennel, private
8. Residential home occupations (See Section 17.4 for additional regulations)
9. Temporary buildings for uses incidental to construction, in which buildings shall be removed
upon completion or abandonment of construction, and in compliance with Section 16.3.
10. Accessory uses and structures normally incidental and subordinate to the principal permitted
uses and structures, or buildings or structures which are primarily adapted by reason of
nature and area for use for agricultural purposes.
Section 5.6. SITE DEVELOPMENT REGULATIONS.
The following minimum requirements shall be provided for light and open space around
permitted and special exception uses and structures in the (A-1) Agricultural District, and subject
to modifications contained in Article XVI, Supplemental District Regulations, except that these
requirements do not apply to farmsteads, and land, buildings and structures used primarily for
agricultural purposes.
Lot Area -
1 acre minimum on all uses
Lot Width -
200 feet minimum lot width
Front Yard -
50 feet minimum required setback
Side Yard -
25 feet minimum required setback for all residential uses
(including non-farm dwellings)
50 feet minimum required setback for all other uses
Rear Yard -
Street Side (Corner) Yard -
Residential Density -
No more than 1 principal residential dwelling per lot, and
no more than one 1 agricultural support housing per lot.
Height -
35 feet maximum height for dwellings and no limitation for
agricultural or other buildings provided that no structure shall be
permitted to extend into approach zones, clear zones or other
restricted air space required for the protection of any public airport.
No minimum requirements for local utility facilities and essential services, except buildings or
other above ground structures or devices constructed in support of utilities or essential services
must comply with minimum setback requirements. Cemeteries are exempt from bulk regulations,
except that no above ground building shall be constructed within the required yard setbacks.
All non-farm residential dwellings must be constructed in compliance with the “Minimum
Requirements for Residential Structures” regulations outlined in Section 17.5.
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Section 5.7. OFF-STREET PARKING.
Off-street parking and loading requirements shall be required for activities in the (A-1) Agricultural
District in accordance with the provisions of Article XIX of this ordinance, except that these
provisions shall not apply to farm dwellings or land, buildings and structures used for agricultural
purposes.
Section 5.8. SIGN REGULATIONS.
Sign regulations shall be required for activities in the (A-1) Agricultural District in accordance with
the provisions of Article XX of the ordinance.
Section 5.9. ZONING COMPLIANCE PERMITS REQUIRED.
Zoning permits shall be required in accordance with the provisions of Section 22.3 of this
ordinance, except that zoning permits shall not be required for farm dwellings or land, buildings and
structures used for agricultural purposes.
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ARTICLE VI (A-2) CONSERVATION DISTRICT
Article 6: Conservation District
Section 6.1.
Section 6.2.
Section 6.3.
Section 6.4.
Section 6.5.
Section 6.6.
Section 6.7.
Section 6.8.
Intent
Sign Regulations
The intent of the Conservation District is to preserve and protect water quality and conservation,
wildlife habitat, woodlands, erosion control, natural drainage ways and to generally provide for
ecologically sound land use of environmentally sensitive or critical areas. The Conservation
District is also intended to preserve those areas otherwise not suitable for structural
developments.
Only the following principal uses and structures shall be permitted by right within the (A-2)
Conservation District, unless otherwise provided.
Agriculture/Conservation Uses
Civic/Public Uses
Agriculture
Farm
Farmstead
Critical Area
Floodplain
Horticulture
Undeveloped or Unimproved Land
Viticulture or Viniculture
Water Control Structures or Retention Basins
Essential Services
The following uses and structures may be permitted in the (A-2) Conservation District subject to
specific conditions and requirements upon approval by the Board of Adjustment intended to
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Commercial Uses
Golf Course
Campground
Small Wind Energy Device
Wind Energy Device
Civic/Public Uses
Industrial Uses
Government/Public Services
Before the issuance of any such special use permit, the Planning and Zoning Commission shall
report to the Board of Adjustment regarding the effect of such building, structure or use upon the
character of the neighborhood, traffic conditions and other matters relating to the public health,
safety and general welfare. The Planning and Zoning Commission shall make such report within
sixty (60) days after application has been filed.
and structures shall be permitted in the Conservation District:
1. Agricultural, recreational, utility or government buildings or structures which will not
adversely affect the area and the value would not be impaired by being flooded, exclusive of
dwelling units.
2. Parking lots.
3. Temporary buildings for uses incidental to construction, in which buildings shall be removed
upon the completion or abandonment of construction, and in compliance with Section 17.3.
4. Accessory uses and structures customarily incidental and subordinate to principal permitted
uses and structures or uses permitted as exceptions, as approved by the zoning administrator.
permitted and special exception uses and structures in the (A-2) Conservation District, and
subject to modifications contained in Article XVI, Supplemental District Regulations. In addition
to these bulk regulations, please see Article XVII, Additional Use Regulations.
Lot Area -
1 acre minimum lot area (43,560 sq. ft.), unless the district follows
a floodway, river or other natural corridor, then no lot area is required.
Lot Width -
No minimum lot width
Front Yard -
Side Yard -
Rear Yard -
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Height -
35 feet maximum height on buildings and structures. No height
limitations on agricultural buildings, provided that no structure
shall be permitted to extend into approach zones, clear zones or
other restricted air space required for the protection of any public
airport. (See Section 16.9 for Height Exceptions)
Building Coverage -
10 percent of the lot area – maximum coverage
Impervious Coverage -
25 percent of the lot area – maximum coverage
Usable Open Space -
75 percent of the lot area – minimum coverage
No minimum requirements for local utility facilities and essential services
Off-street parking and loading requirements shall be required for activities in the (A-2)
Conservation District in accordance with the provisions of Article XIX of this ordinance.
Sign regulations shall be required for activities in the (A-2) Conservation District in accordance
with the provisions of Article XX of this ordinance.
Zoning permits shall be required in accordance with the provisions of Section 22.3 of this ordinance.
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ARTICLE VII
(R-1) RURAL RESIDENTIAL DISTRICT
Section 7: Rural Residential District
Section 7.1.
Section 7.2.
Section 7.3.
Section 7.4.
Section 7.5.
Section 7.6.
Section 7.7.
Section 7.8.
Intent
Sign Regulations
The intent of the Rural Residential District (R-1) is to provide for low density single family
residential developments with a limited number of activities which are interrelated with agricultural
uses. Permitted and special exception uses are intended to serve the residents and are benefited by
an open residential environment, with special provisions to also protect the rural residential
character of the district. This district is not intended to permit isolated rural dwellings.
Only the following principal uses and structures shall be permitted by right within the (R-1)
Rural Residential District, unless otherwise provided.
Residential Uses
Two Family Residential
Family Home
Civic/Public Uses
Essential Services
Religious Assembly
Agricultural/Conservation Uses
Crop Production
Critical Area
Horticulture
Undeveloped or Unimproved
Land
The following uses and structures may be permitted in the (R-1) Rural Residential District
subject to specific conditions and requirements upon approval by the Board of Adjustment
intended to make them compatible with and acceptable to adjacent uses.
Residential Uses
(single or two family only)
Assisted Living Facility
Skilled Nursing or Convalescent
Home
Civic/Public Uses
Cemetery
Daycare Center
Pre-Kindergarten, Preschool or
Nursery School
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Commercial Uses
(See Section 17.4 for
additional regulations)
Commercial Stables
and structures shall be permitted in the R-1 district.
1. Private garages or carports
2. Recreational facilities for use by residents and guests of the principal use
3. Patios, porches, gazebos, and incidental household storage buildings
5. Radio, television, satellite, solar collector and other similar antennas for residential purposes
7. Private Parking Lots
8. Kennel, private
9. Roadside stands for the sale of products grown or produced on the premises
10. Temporary buildings or uses incidental to construction, which buildings shall be removed upon
the completion or abandonment of construction work, and in compliance with Section 17.3.
11. Independent agricultural activities including farm animals, but only if controlled so as not to
exceed one (1) horse per acre, one (1) feeder cattle per acre, one (1) mature dairy cow per acre,
two (2) swine (over 55 lbs.) per acre, ten (10) sheep or lambs per acre, and fifty-five (55) small
fowl per acre, or any combination of these or other similar animals and birds that does not
exceed the above animal unit multiplier. Such accessory uses must be operated to meet health
standards. More restrictive deed restrictions supersede the above standards.
12. Other necessary and customary accessory buildings or uses as determined by the zoning
administrator to be appropriate, incidental and subordinate to a principal permitted and special
exception uses and structures.
permitted and special exception uses and structures in the (R-1) Rural Residential District, and
Lot Area -
1 acre minimum lot area (43,560 sq. ft.)
Lot Width -
Front Yard -
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Side Yard -
Rear Yard -
Height -
35 feet maximum height
(See Section 16.9 for Height Exceptions)
No minimum requirements for local utility facilities and essential services, except that buildings
or other above ground structures or devices constructed in support of utilities or essential
services must comply with minimum yard setback requirements.
All residential dwelling units must be constructed in compliance with the “Minimum
Requirements for Residential Structures” regulations outlined in Section 17.5. Manufactured or
mobile homes placed in designated residential subdivisions must be converted to real property in
conformance with section 135D.26 of the Code of Iowa
Spaces for off-street parking and loading requirements shall be provided for activities in the (R-1)
Rural Residential District in accordance with the provisions of Article XIX of this ordinance.
Sign regulations shall be required for activities in the (R-1) Rural Residential District in accordance
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ARTICLE VIII
(R-2) SUBURBAN RESIDENTIAL DISTRICT
Section 8: Suburban Residential District
Section 8.1.
Section 8.2.
Section 8.4.
Section 8.4
Section 8.5.
Section 8.6.
Section 8.7.
Section 8.8.
Intent
Sign Regulations
The intent of the Suburban Residential District is to provide for certain clustered residential development
with a limited number of institutional, civic and recreational facilities permitted. Permitted or special
exception uses are intended to serve the needs of the residents in areas of the county adjacent to or in
close proximity to urban concentrations. This district is not intended to permit isolated rural dwellings.
Suburban Residential District, unless otherwise provided.
Residential Uses
Family Home
Civic/Public Uses
Essential Services
Religious Assembly
Critical Area
Undeveloped or Unimproved
Land
The following uses and structures may be permitted in the (R-2) Suburban Residential District
Residential Uses
(single or two family only)
Civic/Public Uses
Cemetery
Daycare Center
Nursery School
Commercial Uses
Bed & Breakfast Establishment
Commercial Stables
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3. Patios, porches, gazebos, and incidental household storage buildings
8. Kennel, private
9. Roadside stands for the sale of products grown or produced on the premises
10. Temporary buildings or uses incidental to construction, which buildings shall be removed
upon completion or abandonment of construction work, and in compliance with Section 17.3.
exceed one (1) horse per acre, one (1) feeder cattle per acre, one (1) mature dairy cow per
acre, two (2) swine (over 55 lbs.) per acre, ten (10) sheep or lambs per acre, and fifty-five
(55) small fowl per acre, or any combination of these or other similar animals and birds that
does not exceed the above animal unit multiplier. Such accessory uses must be operated to
meet health standards. More restrictive deed restrictions supersede the above standards.
administrator to be appropriate, incidental and subordinate to a principal permitted and
special exception uses and structures.
permitted and special exception uses and structures in the (R-2) Suburban Residential District,
and subject to modifications contained in Article XVI, Supplemental District Regulations. In
addition to these bulk regulations, please see Article XVII, Additional Use Regulations.
Lot Area Lot Width -
15,000 sq.ft. minimum lot area for Single Family
20,000 sq.ft. minimum lot area for Two Family
Front Yard -
Side Yard -
Rear Yard -
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Height -
Suburban Residential District in accordance with the provisions of Article XIX of this ordinance.
Sign regulations shall be required for activities in the (R-2) Suburban Residential District in
accordance with the provisions of Article XX of the ordinance.
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ARTICLE IX (R-3) MULITPLE FAMILY RESIDENTIAL DISTRICT
Section 9: Multiple Family Residential District
Section 9.1.
Section 9.2.
Section 9.3.
Section 9.4
Section 9.5.
Section 9.6.
Section 9.7.
Section 9.8.
Intent
Sign Regulations
The intent of the Multiple Family Residential District is to provide for living areas within Clay
County for development of high density residential uses. Multiple family developments shall be
encouraged where public or shared water and sewer facilities are utilized, and also encouraged
along hard surfaced roads where fire protection and public services are readily available.
Multiple Family Residential District, unless otherwise provided.
Residential Uses
Condominium Residential
Family Home
Group Residential
Multiple Family Residential
Summer Cottage
Townhouse Residential
Assisted Living Facility
Skilled Nursing or Convalescent
Home
Civic/Public Uses
Club or Lodge
Essential Services
Religious Assembly
Nursery School
Commercial Uses
Bed & Breakfast Inn
The following uses and structures may be permitted in the (R-3) Multiple Family Residential
District subject to specific conditions and requirements upon approval by the Board of
Adjustment intended to make them compatible with and acceptable to adjacent uses.
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Residential Uses
Commercial Uses
Civic/Public Uses
Cultural Services
Daycare Center
Boarding or Lodging House
Commercial Off-Street Parking
Outdoor Entertainment and
Recreation
3. Storage garages for personal belongings and tools relevant to the maintenance of buildings where
the lot is occupied by a multiple family dwelling, hospital or institutional building.
4. Patios, porches, gazebos, and incidental residential storage buildings
9. Kennel, private
exceed one (1) horse per acre, one (1) feeder cattle per acre, one (1) mature dairy cow per 1.4
acres, two and half (2 1/2) swine (over 55 lbs.) per acre, ten (10) sheep or lambs per acre, and
fifty-five (55) turkeys and chickens per acre, or any combination of these or other similar
animals and birds that does not exceed the above animal unit multiplier. Such accessory uses
must be operated to meet health standards. More restrictive deed restrictions supersede the
above standards.
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permitted and special exception uses and structures in the (R-3) Multiple Family Residential
District, and subject to modifications contained in Article XVI, Supplemental District
Regulations. In addition to these bulk regulations, please see Article XVII, Additional Use
Regulations.
Lot Area -
10,000 sq.ft. – minimum lot area
+2,000 sq.ft. for each additional dwelling unit in excess of three
(3)
Lot Width -
Front Yard -
Side Yard -
Rear Yard -
Height -
Multiple Family Residential District in accordance with the provisions of Article XIX of this
ordinance.
Sign regulations shall be required for activities in the (R-3) Multiple Family Residential District in
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ARTICLE X (R-4) LAKE RESIDENTIAL DISTRICT
Section 10: Lake Residential District
Section 10.1.
Section 10.2.
Section 10.3.
Section 10.4
Section 10.5.
Section 10.6.
Section 10.7.
Section 10.8.
Intent
Sign Regulations
The intent of the Lake Residential District is to provide for residential uses having lake frontage.
Because of the special nature of this district, in the event of conflict between regulations of the
R-4 Lake Residential District and other provisions of this ordinance, the R-4 district regulations
shall prevail.
Only the following principal uses and structures shall be permitted by right within the (R-4) Lake
Residential District, unless otherwise provided.
Residential Uses
Summer Cottage
Civic/Public Uses
Essential Services
Crop Production
Farmstead
Floodplain
Horticulture
Undeveloped/Unimproved Land
Water Control Structures
The following uses and structures may be permitted in the (R-4) Lake Residential District subject
to specific conditions and requirements upon approval by the Board of Adjustment intended to
Residential Uses
Family Home
Civic/Public Uses
Major Utility Facility
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Commercial Uses
Bed and Breakfast Inn
Boarding or Lodging House
and structures shall be permitted in the R-4 Lake Residential District.
6. Residential home occupations
7. Kennel, private
8. Temporary buildings or uses incidental to construction, which buildings shall be removed
upon the completion or abandonment of construction work, in compliance with Section 17.3.
administrator to be appropriate, incidental and subordinate to a principal permitted and
special exception uses and structures.
permitted and special exception uses and structures in the (R-4) Lake Residential District, and
to these bulk regulations, please see Article XVII , Additional Use Regulations.
Lot Area -
5,000 sq.ft. minimum lot area for Single Family
7,500 sq.ft. minimum lot area for Two Family
Lot Width -
Front Yard -
Side Yard -
Rear Yard -
Height -
35 feet maximum height (See Section 16.9 for Height Exceptions)
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Lake Residential District in accordance with the provisions of Article XIX of this ordinance.
Sign regulations shall be required for activities in the (R-4) Lake Residential District in accordance
with the provisions of Article XX of the ordinance.
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ARTICLE XI (R-5) RURAL MOBILE & MANUFACTURED HOME PARK DISTRICT
Section 11: Rural Mobile & Manufactured Home Park District
Section 11.1.
Section 11.2.
Section 11.3.
Section 11.4
Section 11.5.
Section 11.6.
Section 11.7.
Section 11.8.
Section 11.9.
Intent
Mobile and Manufactured Home Park Requirements
Sign Regulations
The intent of the Rural Mobile and Manufactured Home Park District is regulate the location and
placement of mobile and manufactured homes and mobile or manufactured housing subdivisions
within Clay County. The R-5 district is intended to find suitable siting locations for quality and
affordable manufactured and mobile housing developments.
Rural Mobile and Manufactured Home Park District, unless otherwise provided.
Residential Uses
Civic/Public Uses
Mobile Home or Manufactured Housing*
Essential Services
*This does not include manufacturing or mobile home
sales or display yards, but shall not preclude any
owner from selling a manufactured or mobile home
located on a stand and connected to utilities.
The following uses and structures may be permitted in the (R-5) Rural Mobile and Manufactured
Home Park District subject to specific conditions and requirements upon approval by the Board
of Adjustment intended to make them compatible with and acceptable to adjacent uses.
Residential Uses
Civic/Public Uses
Commercial Uses
Relocated Residential (mobile
Daycare Facility
Government/Public Uses
Religious Assembly
or manufactured homes,
excluding delivery from
factory)
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3. Service buildings as required by State statute
7. Residential home occupations
8. Sale of mobile homes for use on the premises only, provided that such mobile homes are sited
and connected to all utilities.
10. Kennel, private
permitted and special exception uses and structures in the (R-5) Mobile & Manufactured Home
Park District, and subject to modifications contained in Article XVI, Supplemental District
Regulations. In addition to these bulk regulations, please see Article XVII, Additional Use
Regulations.
Mobile or Manufactured Housing Lot Requirements:
Lot Area -
4,000 square feet - minimum lot area
Lot Width -
40 feet - minimum lot width for single wide unit
Front Yard -
25 feet - minimum required front yard, unless the front yard
borders the park boundary in which case the front yard is not
required
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Side Yard -
6 feet - minimum required side yard, unless the side yard borders
the park boundary in which case the side yard is not required
25 feet – minimum required setback
Rear Yard -
15 feet - minimum required rear yard, unless the rear yard borders
the park boundary in which case the rear yard is not required
Maximum Height -
35 feet
Mobile or Manufactured Housing Park Requirements:
Park Area -
Three (3) acres – minimum park area
Park Width -
200 feet - minimum park width
Park Boundary -
50 feet - minimum required setback for dwellings abutting a street
or road.
50 feet – minimum required setback for any yard space, shall be a
minimum of fifty feet (50’) when adjacent to any other residential
district and thirty feet (30’) when adjacent to any other district;
services must comply with minimum yard setback requirements. Furthermore, mobile or
manufactures housing lots and parks shall be developed in conformance with the following
Mobile and Manufactured Home Park Requirements outlined in the section below.
Section 11.6. MOBILE & MANUFACTURED HOME PARK REQUIREMENTS.
Each petition for change to the (R-5) zoning classification submitted to the Board of Supervisors
shall be accompanied by a plan developed in conformance with the regulations listed below.
1) Development Plan: The following information shall be shown on the development plan or
submitted in writing with it:
a. Location of the mobile or manufactured housing park, and the lot layout giving the
subdivision name and lot numbers;
b. Names, addresses and telephone numbers of the developer or representative;
c. Map showing the relationship of the proposed development and the adjacent tracts;
d. Present land use and existing zoning of the proposed development and adjacent tracts;
e. Interior streets, street names, right-of-way and roadway widths;
f. All lot lines and open spaces with dimensions shown;
g. Location, dimensions, capacity, and design for any proposed tornado safe room or storm
shelter, if provided;
h. Location of garbage cans, water hydrants, service buildings, driveways, walkways,
recreation areas, required yards, parking facilities, lighting and landscaping.
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The plan shall be considered by the Planning and Zoning Commission and who may approve or
disapprove the plan or may require such changes thereto, as are deemed necessary to effectuate
the intent and purpose of this ordinance.
2) Permitted accessory uses and requirements thereof:
a. Accessory buildings or structures under park management supervision shall be used only
as office space, storage, laundry facilities, recreation facilities, garage storage or other
necessary service for park residents’ use only. No accessory building or structure shall
exceed a height of twenty five feet (25’).
b. Accessory buildings or structures shall not be permitted within the front yard and may be
no closer than five feet (5’) to any side or rear lot line.
c. One (1) identification sign approved in conjunction with the final site plan approval. In
no case shall such sign be larger than sixty (60) square feet in surface area nor have any
moving parts or stand higher than ten (10) feet from the ground to the top of the sign. See
Article XX for additional sign requirements and setbacks.
d. No more than one (1) entry and/or one (1) exit sign at each access drive onto the public
right-of-way. In no case shall the sign be larger than two (3) square feet in surface area,
nor have any moving parts, nor stand higher than five (5) feet from the ground to the top
of the sign
3) Required development standards:
a. Each mobile or manufactured dwelling unit shall contain a flush toilet, sleeping
accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical
connections designed for attachment to appropriate external systems and so attached.
b. Facilities for water supply and sewage treatment shall be provided for each dwelling unit
and meet the minimum requirements of the State of Iowa.
c. Yard width shall be determined by measurement from the home face (side) to its site
boundary from which every point shall not be less than the minimum width herein
provided. Open patios shall be disregarded in determining yard widths. Enclosed all
weather patios and carports shall be included in determining yard widths. The front yard is
that yard which runs from the hitch end of the home to the nearest lot line. The rear yard is
at the opposite end of the home.
d. Each mobile home site shall be provided with a stand consisting of reinforced concrete
runways not less than four (4) inches thick and not less than the length of the mobile home
that will use the site. These runways will be so constructed, graded and placed to be
durable and adequate for support of the maximum anticipated load during all seasons.
Alternative pad and support mechanisms may be approved by the Planning and Zoning
Commission upon request and if accompanied by sketches or other documentation.
e. Each petition shall certify that provisions will be made to secure or "tie down" mobile
homes to guard against wind damage within thirty (30) days of placing such mobile or
manufactured dwelling. Each mobile home shall be anchored to the ground as provided in
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661 IAC Chapter 16.626(103A).
f. If a pier or post foundation is provided uniform skirting of each mobile home base shall be
required within thirty (30) days after initial placement. A permanent type material and
construction compatible with the design and color of the mobile home shall be installed to
enclose the open space between the bottom of the mobile home floor and the grade level of
the mobile home stand, and shall be constructed to provide substantial resistance to heavy
winds. Skirting shall be maintained in an attractive manner consistent with the exterior of
the mobile home and to preserve the appearance of the mobile home park. Sufficient
screened ventilating area shall be installed in the skirting to supply the combustion
requirements of heating units and ventilating of the mobile home.
g. Storage of goods and articles underneath any mobile or manufactured dwelling unit shall
be prohibited.
h. Utility lines including, but not limited to electric, telephone, fiber optic, may be required
to be installed underground. If overhead lines are permitted, they shall be placed in
easements in the rear of the lots.
i. A common recreation space of at least 300 sq. ft. per site in the park shall be developed
and maintained for use by all residents of the park. Streets, sidewalks, parking areas and
accessory buildings are not considered recreation space in computing the necessary area.
j. All roads, driveways and motor vehicle parking spaces shall be paved and constructed as
to handle all anticipated peak loads, and adequately drained for safety and ease of
movement of pedestrians and vehicles. Streets within a mobile or manufactured housing
park shall be equipped with speed bumps or other traffic slowing devices located at the
entrance and exit to such park.
k. Two (2) off-street parking spaces shall be provided for every mobile and manufactured
dwelling unit. One space shall be provided within one hundred and fifty feet (150’) of
each individual site. A second space shall be provided in a common parking area for
additional storage of all recreational type vehicles and visitor parking.
l. All parks shall be furnished with lighting units spaced and equipped with approved
fixtures, placed at mounting heights that will provide the following average maintained
levels of illumination for safe movement of pedestrians and vehicles at night.
m. A written emergency plan submitted to Clay County and posted on site to advise all of
the park residents of safety measures.
n. Adequate provisions shall be made to handle all surface drainage and storm water runoff
as determined by the County Engineer.
All mobile and manufactured housing parks shall be developed in conformance with the
above standards in addition to all current subdivision and development standards or
specifications as enforced by Clay County.
Mobile and Manufactured Home Park District in accordance with the provisions of Article XIX of
this ordinance.
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Sign regulations shall be required for activities in the (R-5) Mobile and Manufactured Home Park
District in accordance with the provisions of Article XX of the ordinance.
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ARTICLE XII
(GC) – GENERAL COMMERICIAL DISTRICT
Section 12: General Commercial District
Section 12.1.
Section 12.2.
Section 12.3.
Section 12.4
Section 12.5.
Section 12.6.
Section 12.7.
Section 12.8.
Section 12.9.
Intent
Open-air Sales, Display and Storage
Sign Regulations
The intent of the General Commercial District is predominately for commercial and certain light
industrial activities which typically have operating and traffic generation characteristics requiring
location on a major trafficway. Site development regulations and performance standards are
intended to ensure adequate access to and from uses. Commercial uses in Clay County should be
encouraged to locate adjacent to hard surfaced transportation routes and in close proximity to an
incorporated area.
Only the following principal uses and structures shall be permitted by right within the (GC)
General Commercial District, unless otherwise provided.
Commercial Uses
Administrative/Business Offices
Agricultural Sales & Services
Automotive Rentals
Automotive Repair Services
Automotive Washing
Automotive Sales
Building Maintenance Services
Business Support Services
Club or Lodge
Commercial Off-Street Parking
Commercial Recreation
- Indoor Sports and Recreation
- Indoor Entertainment
- Outdoor Sports and Recreation
Construction Sales and Services
Consumer Repair Services
Condominium Storage Unit
Convenience Storage
Convenience Store
Civic/Public Uses
Equipment Repair Services
Financial Services
Food Sales
Funeral Services
General Retail Sales
House Sales/Display
Liquor Sales
Medical Offices
Nursery/Commercial Greenhouse
Personal Services
Pet Services
Professional Offices
Restaurant (Convenience)
Restaurant (General)
Service Station
Visitor Habitation
- Boarding/Lodging House
- Campground - Hotel/Motel
- Commercial Cottage/Resort
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Daycare Facility
Essential Services
Hospital Services
Irrigation/Flood Control
Public Assembly
Safety Services
The following uses and structures may be permitted in the (GC) General Commercial District
Commercial Uses
Cocktail Lounge
- Outdoor Entertainment
Equipment Sales
Kennel, Commercial
Vehicle Storage
Vehicle Washing
Veterinary Services
Wind Energy Devices
Industrial Uses
Custom Manufacturing
Limited Warehousing and
Distribution
Civic/Public Uses
Aviation Facilities
Business or Trade School
Cemetery
College and University Facilities
Cultural Services
Guidance Services
Major Utility Facilities
Military Installations
Religious Assembly
Other uses and structures similar in nature and use to the principal permitted uses in this district
as recommended by the zoning administrator and approved by the Board of Adjustment.
and structures shall be permitted in the (GC) General Commercial District.
1. Temporary buildings for uses incidental to construction, which buildings shall be removed
upon the completion or abandonment of the work, and in compliance with Section 17.3.
2. Any other commercial use type that is not listed as a permitted use in the same district, and
complies with all the following criteria.
a. Operated primarily for the convenience of employees, clients, or customers of the principal
use.
b.Storage of merchandise incidental to the principal use, but not to exceed forty (40) percent of
the floor area used for such use;
c. Located and operated as an integral part of the principal use and does not comprise a separate
business use or activity.
3. Other necessary and customary uses and structures determined by the zoning administrator to
94
be accessory, incidental, and subordinate in size, use, and nature.
permitted and special exception uses and structures in the (GC) General Commercial District,
and subject to modifications contained in Article XVI, Supplemental District Regulations. In
addition to these bulk regulations, please see Article XVII, Additional Use Regulations.
Lot Area -
15,000 sq. ft. minimum lot area
Lot Width -
Front Yard -
Side Yard -
Rear Yard -
Height -
35 feet maximum height,
Section 12.6. OPEN-AIR SALES, DISPLAY AND STORAGE.
All open-air sales display and storage for used auto sales and storage, new auto sales and storage,
new and used farm implement and equipment sales and storage, new and used truck, machinery,
other vehicle or equipment sales and storage shall comply with the minimum requirements
outlined in Section 25.7.2.
Spaces for off-street parking and loading requirements shall be provided for activities in the (GC)
General Commercial District in accordance with the provisions of Article XIX of this ordinance.
Sign regulations shall be required for activities in the (GC) General Commercial District in
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ARTICLE XIII
(I-1) LIGHT INDUSTRIAL DISTRICT
Article 13: Light Industrial District
Section 13.1.
Section 13.2.
Section 13.3.
Section 13.4.
Section 13.5.
Section 16.6.
Section 13.7.
Section 13.8.
Section 13.9.
Section 13.10.
Intent
Required Conditions
Sign Regulations
The intent of the Light Industrial District is to provide space for certain commercial and a wide
range of industrial uses and structures which are able to meet certain performance standards to
protect nearby non-industrial uses from undesirable environmental conditions. It is not intended
that any new residential development be permitted in the I-1 District.
Only the following principal uses and structures shall be permitted by right within the I-1 Light
Industrial District, except those uses which by reason of the emission of odor, dust, fumes, smoke,
noise and other obnoxious characteristics would be injurious to the public health, safety, and general
welfare of the county.
Industrial Uses
Biotechnology Production
and/or Manufacturing
Light Industry
Research and Production
Services
Distribution
Commercial Uses
Administrative and Business
Offices
Automotive Rentals
Automotive Washing
Business Support Services
Commercial
Trucking/Transportation
Communications Services
Condominium Storage Units
Construction Sales and Service
Convenience Storage
Convenience Store
Transportation Service
Vehicle Storage
Vehicle Washing
96
Civic Uses
Aviation Facilities
Essential Services
Maintenance and Service
Facilities
Safety Services
The following uses and structures may be permitted in the (I-1) Light Industrial District subject
Industrial Uses
Railroad Facilities
Resource Extraction
Commercial Uses
Agricultural Sales and Services
Automotive Repair Services
Automotive Sales
Club or Lodge
Commercial Auction Yards and
Barns
- Outdoor Entertainment and
Recreation
Equipment Sales
Kennels, Commercial
Veterinary Services
Wind Energy Devices
Civic Uses
Major Utility Service
Public Assembly
Military Installations
Other uses and structures similar in nature and use to the principal permitted uses in the district
as recommended for approval by the zoning administrator and approved by the Board of
Adjustment.
and structures shall be permitted in the (I-1) Light Industrial District.
2. Any other commercial or industrial type use that is not listed as a permitted use in the same
district, and complies with all the following criteria.
a. Operated primarily for convenience of employees, clients, or customers of the principal
use.
b. Storage of merchandise incidental to the principal use, but not to exceed forty (40) percent
of the floor area used for such use.
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c. Located and operated as an integral part of the principal use and does not comprise a
separate business use or activity.
Section 13.5. REQUIRED CONDITIONS.
No use may be permitted to be established or maintained which by reason of its nature or manner
of operation is or may become hazardous, noxious or offensive owing to the emission of odor,
dust, smoke, cinders, gas, fumes, noise vibrations, refuse matter or water-carried waste. All
facilities required for the discharge, collection, and treatment of liquid, solid or gaseous waste
shall be designed, constructed and operated in accordance with the regulations of the Iowa
Department of Natural Resources.
permitted and special exception uses and structures in the (I-1) Light Industrial District, and
Lot Area -
20,000 sq. ft. minimum lot area
Lot Width -
Front Yard -
Side Yard -
Rear Yard -
Height -
60 feet maximum height. No structure shall be permitted to extend
into approach zones, clear zones or restricted air space required for
the protection of any public airport.
other vehicle or equipment sales and storage shall comply with the minimum requirements outlined
in Section 25.7.2.
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Spaces for off-street parking and loading requirements shall be provided for activities in the (I-1)
Light Industrial District in accordance with the provisions of Article XIX of this ordinance.
Sign regulations shall be required for activities in the (I-1) Light Industrial District in accordance
99
ARTICLE XIV
(I-2) HEAVY INDUSTRIAL DISTRICT
Article 14: Heavy Industrial District
Section 14.1.
Section 14.2.
Section 14.3.
Section 14.4.
Section 14.5.
Section 14.6.
Section 14.7.
Section 14.8.
Section 14.9.
Section 14.10.
Intent
Required Conditions
Sign Regulations
The intent of the Heavy Industrial District is to provide for areas of the county for intense industrial
uses and activities and are typically in conflict with residential or lesser intense uses. Residential
uses are not permitted in this district.
Only the following principal uses and structures shall be permitted by right within the I-2 Heavy
Industrial District, except those uses which by reason of the emission of odor, dust, fumes, smoke,
noise and other obnoxious characteristics would be injurious to the public health, safety, and general
Industrial Uses
Alternative Fuels and Energy
Production Facilities
Biotechnology Production
and/or Manufacturing
General Warehousing and
Distribution
Heavy Industry
Light Industry
Distribution
Railroad Facilities
Research and Production
Services
Resource Extraction
Stockyards
Commercial Uses
Civic Uses
Agricultural Sales and Services
Commercial
Trucking/Transportation
Communications Services
Construction Sales and
Services
Convenience Storage
Equipment Sales
Vehicle Storage
Vehicle Washing
Aviation Facilities
College or University Facilities
Essential Services
Irrigation/Flood Control
Structures
Major Utility Services
Maintenance and Service
Facilities
Safety Services
100
The following uses and structures may be permitted in the (I-2) Heavy Industrial District subject
Industrial Uses
Commercial Uses
Wind Energy Devices
Adult Entertainment Establishments
(See Section 17.6 for regulations)
Bulk Stations
Fertilizer or Chemical Storage or Processing
Fuel Storage
Sanitary Landfill
Scrap and Salvage Services
Other uses and structures similar in nature and use to the principal permitted uses in the district
as recommended for approval by the zoning administrator and approved by the Board of
Adjustment.
and structures shall be permitted in the (I-2) Heavy Industrial District.
2. Any other commercial or industrial type use that is not listed as a permitted use in the same
district, and complies with all the following criteria.
d. Operated primarily for convenience of employees, clients, or customers of the principal
use.
e. Storage of merchandise incidental to the principal use, but not to exceed forty (40) percent
of the floor area used for such use.
f. Located and operated as an integral part of the principal use and does not comprise a
separate business use or activity.
Section 14.5. REQUIRED CONDITIONS.
101
1. The best practical means available shall be employed for the disposal of refuse matter or
water-carried waste, the abatement of noxious or offensive odors, dust, smoke, gas, noise or
similar nuisance.
2. All facilities required for the discharge, collection and treatment of liquid, solid or gaseous
wastes shall be designed, constructed and operated in accordance with regulations of the
Iowa Department of Natural Resources.
3. All principal or accessory structures housing a use permitted only in the I-2 District shall be
located at least two hundred (200) feet from any residential district.
permitted and special exception uses and structures in the (I-2) Heavy Industrial District, and
Lot Area -
1 acre minimum lot area
Lot Width -
Front Yard -
Side Yard -
Rear Yard -
Height -
60 feet maximum height, except 35 feet if property abuts any
residential district. No structure shall be permitted to extend into
approach zones, clear zones or restricted air space required for the
protection of any public airport.
other vehicle or equipment sales and storage shall comply with the minimum requirements outlined
in Section 25.7.2.
102
Spaces for off-street parking and loading requirements shall be provided for activities in the (I-2)
Heavy Industrial District in accordance with the provisions of Article XIX of this ordinance.
Sign regulations shall be required for activities in the (I-2) Heavy Industrial District in accordance
with the provisions of Article XX of the ordinance.
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“QUICK REFERENCE GUIDE”
CLAY COUNTY ZONING DISTRICT SITE DEVELOPMENT REGULATIONS
Zoning
District
Required
Side
Yard
Required
Rear
Yard
Street Side
Yard
(Corner
Lot)
50 ft.
50 ft.
Maximum
Height
A-1
Agriculture
35 ft.
(no height
on ag uses)
1 acre
43,560 sq.ft.
200 ft.
50 ft.
25 ft. –
residential
50 ft – all
other uses
A-2
Floodplain &
Conservation
35 ft.
(no height
on ag uses)
1 acre
43,560 sq.ft.
none
50 ft.
25 ft.
50 ft.
50 ft.
35 ft.
1 acre
43,560 sq.ft.
150 ft.
50 ft.
15 ft.
50 ft.
50 ft.
35 ft.
15,000 SF
20,000 TF
100 ft.
35 ft.
15 ft.
35 ft.
35 ft.
45 ft.
10,000 sq.ft
+ 2,000 sq.ft.
in excess of 3
80 ft.
30 ft.
10 ft.
30 ft.
30 ft.
35 ft.
5,000 SF
7,500 TF
50 ft.
20 ft.
5 ft.
20 ft.
20 ft.
R-5
Mobile/Manufactured
Home Park
35 ft.
4,000 sq.ft
Mobile
home site
40 ft.
25 ft.
6 ft.
15 ft.
25 ft.
GC
General Commercial
35 ft.
15,000 sq.ft.
100 ft.
50 ft.
10 ft.
25 ft.
50 ft.
I-1
Light Industrial
60 ft.
35 ft. if next 20,000 sq.ft.
to residential;
100 ft.
50 ft.
25 ft.
25 ft.
50 ft.
I-2
Heavy Industrial
60 ft.
1 acre
35 ft. if next
43,560 sq.ft.
to residential;
200 ft.
50 ft.
25 ft.
25 ft.
50 ft.
R-1
Rural
Residential
R-2
Suburban
Residential
R-3
Multiple Family
Residential
R-4
Lake
Residential
Minimum
Lot
Width
Required
Front
Yard
Minimum
Lot
Area
104Two Family Residential; sq.ft. = square feet
Note: SF= Single Family Residential; TF=
ARTICLE XV
FLOODPLAIN OVERLAY DISTRICT
(Legal Authority: Chapter 335, Code Of Iowa)
Article 15: Floodplain Overlay District
Section 15.1.
Section 15.2.
Section 15.3.
Section 15.4.
Section 15.5.
Section 15.6.
Section 15.7.
Section 15.8.
Section 15.9.
Section 15.10.
Intent
Definitions
Statutory Authority and Findings of Fact
General Provisions
Establishment of Floodplain Overlay District
Standards for Floodplain Overlay District
Administration
Nonconforming Uses
Penalties for Violations
Amendments
The purpose of this Article is to create and establish a Floodplain Overlay District. The
boundaries of the Floodplain Overlay District shall follow the lines of the identified 100-year
floodplain (Zone A) district as shown on the Flood Hazard Boundary Map (FHBM) for Clay
County. Those areas designated as being within the (A-2) Floodplain and Conservation zoning
district should not automatically assume they are located within or outside of a designated 100-year
floodplain in Clay County. All property owners are encouraged to consult with the Flood Hazard
Boundary Map (FHBM) for Clay County to ensure the location of floodplains as established by
FEMA.
The following regulations are designed to meet the minimum requirements for acceptance in the
National Flood Insurance Program for counties which have a Flood Hazard Boundary Map
(FHBM) issued by the Federal Emergency Management Agency (FEMA), but have not been
provided with detailed floodplain information. Specific Floodplain criteria are set forth in
Section 60.3(b) of the rules and regulations as published in the October 1, 1994, Federal Register.
These regulations are established under the authority of Chapter 335, Iowa Code. The following
floodplain regulations only apply to development in the established Floodplain Overlay District
(i.e., Zone A or the shaded area of the county's Flood Hazard Boundary Map). The standards
for floodplain development are in addition to the requirements of the primary or
underlying zoning district.
Furthermore, these Floodplain regulations establish a development permit system which
requires a permit for all development within the Floodplain Overlay District. Specific
performance standards for construction within that area are given in Section IV of this
ordinance. Most floodplain construction must also be approved by the Department of Natural
Resources (Section 455B.275, Code of Iowa), so applicants for floodplain development permits
should be apprised of that requirement. Please feel free to call or write if you have any
questions.
Floodplain Section, Iowa Department of Natural Resources
Wallace State Office Building, East 9th and Grand
Des Moines, Iowa 50319-5145 515/ 281-4333
Section 15.2. DEFINITIONS.
105
Unless specifically defined below, words or phrases used in this article shall be interpreted so as
to give them the meaning they have in common usage.
15.2.1 BASE FLOOD: The flood having one (1) percent chance of being equaled or exceeded
in any given year. (See 100-year flood).
15.2.2. DEVELOPMENT: Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations or storage of equipment or materials. “Development”
does not include “minor projects” or “routine maintenance of existing buildings and
facilities” as defined in this section. It also does not include gardening, plowing, and similar
practices that do not involve filling, grading.
15.2.3. EXISTING CONSTRUCTION: Any structure for which the "start of construction"
commenced before the effective date of the first floodplain regulations adopted by Clay
County.
15.2.4. EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION: A factory-built home
park or subdivision for which the construction of facilities for servicing the lots on which the
factory-built homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the first floodplain regulations adopted by Clay County.
15.2.5. EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION:
The preparation of additional sites by the construction of facilities for servicing the lots on
which the factory-built homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads).
15.2.6. FLOOD: A general and temporary condition of partial or complete inundation of
normally dry land areas resulting from the overflow of streams or rivers or from the unusual
and rapid runoff of surface waters from any source.
15.2.7. FLOOD ELEVATION: The elevation floodwaters would reach at a particular site during
the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation
of flood waters related to the occurrence of the 100-year flood.
15.2.8. FLOOD HAZARD BOUNDARY MAP (FHBM): The official map of a county, issued
by the Federal Insurance Administrator, which delineates the areas having special flood
hazards, designated as Zone A.
15.2.9. FLOODPLAIN: Any land area susceptible to being inundated by water as a result of a
flood.
15.2.10. FLOODPROOFING: Any combination of structural and nonstructural additions,
changes, or adjustments to structures, including utility and sanitary facilities, which will
reduce or eliminate flood damage to such structures.
15.2.11. FLOODWAY: The channel of a river or stream and those portions of the floodplains
adjoining the channel, which are reasonably required to carry and discharge flood waters or
106
flood flows so that confinement of flood flows to the floodway area will not cumulatively
increase the water surface elevation of the base flood by more than one (1) foot.
15.2.12. FLOODWAY FRINGE: Those portions of the floodplain, other than the floodway,
which can be filled, leveed, or otherwise obstructed without causing substantially higher
flood levels or flow velocities.
15.2.13. HISTORIC STRUCTURE - Any structure that is:
a. Listed individually in the National Register of Historic Places, maintained by the
Department of Interior, or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing of the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or,
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by either (i) an approved state program as
determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior
in states without approved programs.
15.2.14. LOWEST FLOOR: The floor of the lowest enclosed area in a building including a
basement except when all the following criteria are met:
a. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with
walls or openings that satisfy the provisions of Section 15.6.4 of this article and
b. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low
damage potential uses such as building access, parking or storage, and
c. Machinery and service facilities (e.g., hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one (1) foot above the 100-year flood
level, and
d. The enclosed area is not a "basement" as defined in this section.
In cases where the lowest enclosed area satisfies criteria a, b, c, and d above, the lowest floor
is the floor of the next highest enclosed area that does not satisfy the criteria above.
15.2.15. MINOR PROJECTS: Small development activities (except for filling, grading and
excavating) valued at less than $500.
15.2.16. NEW CONSTRUCTION: Those structures or development for which the start of
construction commenced on or after the effective date of the first floodplain regulations
adopted by the community and includes any subsequent improvements to such structures.
15.2.17. NEW FACTORY-BUILT HOME PARK OR SUBDIVISION: A factory-built home
park or subdivision for which the construction of facilities for servicing the lots on which
the factory-built homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of the effective date of the first Floodplain
regulations adopted by the community and includes any subsequent improvements to such
structures.
107
15.2.18. ONE HUNDRED (100) YEAR FLOOD: A flood, the magnitude of which has a one (1)
percent chance of being equaled or exceeded in any given year or which, on the average,
will be equaled or exceeded a least once every one hundred (100) years.
15.2.19. ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES:
Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a
building permit, provided they are not associated with a general improvement of the
structure or repair of a damaged structure. Such repairs include:
a. Normal maintenance of structures such as re-roofing, replacing roofing tiles and
replacing siding;
b. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work;
c. Basement sealing;
d. Repairing or replacing damaged or broken window panes;
e. Repairing plumbing systems, electrical systems, heating or air conditioning systems and
repairing wells or septic systems.
15.2.20. SPECIAL FLOOD HAZARD AREA: The land within a community subject to the
"100-year flood". This land is identified as Zone A on the county's Flood Hazard Boundary
Map.
15.2.21. START OF CONSTRUCTION: Includes substantial improvement, and means the date
the development permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement, was within 180
days of the permit date. The actual start means either the first placement or permanent
construction of a structure on a site, such as pouring of a slab or footings, the installation of
pile, the construction of columns, or any work beyond the stage of excavation; or the
placement of a factory-built home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other structural
part of the building, whether or not that alteration affects the external dimensions of the
building.
15.2.22. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damage condition would equal or exceed fifty
(50) percent of the market value of the structure before the damage occurred.
15.2.23. SUBSTANTIAL IMPROVEMENT: Any improvement to a structure which satisfies
either of the following criteria:
a. Any repair, reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty (50) percent of the market value of the structure either (i) before the "start
of construction" of the improvement , or (ii) if the structure has been "substantially
damaged" and is being restored, before the damage occurred. The term does not,
108
however, include any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to assure
safe living conditions. The term also does not include any alteration of an "historic
structure", provided the alteration will not preclude the structure's designation as an
"historic structure."
b. Any addition which increases the original floor area of a building by 25 percent or more.
All additions constructed after on or after the first Floodplain regulations adopted by the
community shall be added to any proposed addition in determining whether the total
increase in original floor space would exceed 25 percent.
Section 15.3. STATUTORY AUTHORITY AND FINDINGS OF FACT.
1. The Legislature of the State of Iowa has in Chapter 335, Code of Iowa, as amended,
delegated the power to counties to enact zoning regulations to secure safety from flood and to
promote health and the general welfare.
2. Findings of Fact
a. The flood hazard areas of Clay County, Iowa are subject to periodic inundation which
can result in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base all of which adversely affect the public health,
safety and general welfare of the county.
b. These flood losses, hazards, and related adverse effects are caused by the occupancy of
flood hazard areas by uses vulnerable to flood damages which create hazardous
conditions as a result of being inadequately elevated or otherwise protected from flooding
and the cumulative effect of obstructions on the floodplain causing increases in flood
heights and velocities.
3. Statement of Purpose
It is the purpose of this article to protect and preserve the rights, privileges and property of
Clay County and its residents and to preserve and improve the peace, safety, health,
welfare, and comfort and convenience of its residents by minimizing those flood losses with
provisions designed to:
a. Restrict or prohibit uses which are dangerous to health, safety or property in times of
flood or which cause excessive increases in flood heights or velocities.
b. Require that uses vulnerable to floods, including public facilities which serve such uses,
be protected against flood damage at the time of initial construction or substantial
improvement.
c. Protect individuals from buying lands which may not be suited for intended purposes
because of flood hazard.
d. Assure that eligibility is maintained for property owners in the county to purchase
flood insurance through the National Flood Insurance Program.
Section 15.4. GENERAL PROVISIONS.
1. Lands to Which Ordinance Apply
109
The provisions of this article shall apply to all lands within the jurisdiction of Clay County which
are located within the boundaries of the Floodplain Overlay District as established in Section
15.4.
2. Rules for Interpretation of Floodplain Overlay District
The boundaries of the Floodplain Overlay District shall be determined by scaling distances on
the official Flood Hazard Boundary Map. When an interpretation is needed as to the exact
location of a boundary, the Zoning Administration shall make the necessary interpretation. The
Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in
any requirement, decision, or determination made by the zoning administrator in the
enforcement or administration of this ordinance.
3. Compliance
No structure or land shall hereafter be used and no structure shall be located, extended, converted
or structurally altered without full compliance with the terms of this ordinance and other
applicable regulations which apply to uses within the jurisdiction of this ordinance.
4. Abrogation and Greater Restrictions
It is not intended by these regulations to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the
provision of this ordinance shall prevail. All other ordinances inconsistent with these regulations
are hereby repealed to the extent of the inconsistency only.
5. Interpretation
In their interpretation and application, the provisions of these regulations shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body and shall
not be deemed a limitation or repeal of any other powers granted by state statutes.
6. Warning and Disclaimer of Liability
The standards required by this Article are considered reasonable for regulatory purposes. This
ordinance does not imply that areas outside the designated Floodplain Overlay District areas will
be free from flooding or flood damages. These regulations shall not create liability on the part of
Clay County or any officer or employee thereof for any flood damages that result from reliance
on this article or any administrative decision lawfully made there under.
7. Severability
If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected
thereby.
Section 15.5. ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICT.
The areas within the jurisdiction of Clay County having special flood hazards are hereby
designated as a Floodplain Overlay District and shall be subject to the standards of the
110
Floodplain Overlay District (as well as those for the underlying zoning district). The Floodplain
Overlay District boundaries shall be as shown on the Flood Hazard Boundary Map (FHBM) for
Clay County, dated June 7, 1977.
Section 15.6. STANDARDS FOR FLOODPLAIN OVERLAY DISTRICT.
All uses must be consistent with the need to minimize flood damage and meet the following
applicable performance standards. Where 100-year flood data has not been provided on the
Flood Hazard Boundary Map, the Iowa Department of Natural Resources shall be contacted to
compute such data. The applicant will be responsible for providing the Department of Natural
Resources with sufficient technical information to make such determination.
1. All development within the Floodplain Overlay District shall:
a. Be consistent with the need to minimize flood damage.
b. Use construction methods and practices that will minimize flood damage.
c. Use construction materials and utility equipment that are resistant to flood damage.
d. Obtain all other necessary permits from federal, state and local governmental agencies
including approval when required from the Iowa Department of Natural Resources.
2. Residential buildings - All new or substantially improved residential structures shall have the
lowest floor, including basement, elevated a minimum of one (1) foot above the 100-year
flood level. Construction shall be upon compacted fill which shall, at all points, be no lower
than 1.0 ft. above the 100-year flood level and extend at such elevation at least 18 feet
beyond the limits of any structure erected thereon. Alternate methods of elevating (such as
piers) may be allowed subject to favorable consideration by the Board of Adjustment, where
existing topography, street grades, or other factors preclude elevating by fill. In such cases,
the methods used must be adequate to support the structure as well as withstand the various
forces and hazards associated with flooding. All new residential structures shall be provided
with a means of access which will be passable by wheeled vehicles during the 100-year
flood.
3. Non-residential buildings - All new or substantially improved non-residential buildings shall
have the lowest floor (including basement) elevated a minimum of one (1) foot above the
100-year flood level, or together with attendant utility and sanitary systems, be floodproofed
to such a level. When floodproofing is utilized, a professional engineer registered in the State
of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood
depths, pressures, velocities, impact and uplift forces and other factors associated with the
100-year flood; and that the structure, below the 100-year flood level is watertight with walls
substantially impermeable to the passage of water. A record of the certification indicating
the specific elevation (in relation to National Geodetic Vertical Datum) to which any
structures are floodproofed shall be maintained by the zoning administrator.
4. All new and substantially improved structures:
a. Fully enclosed areas below the "lowest floor" (not including basements) that are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces on
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exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or meet or
exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided they permit the automatic entry and exit of floodwaters.
Such areas shall be used solely for parking of vehicles, building access and low damage
potential storage.
b. New and substantially improved structures must be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
c. New and substantially improved structures must be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
5. Factory-built homes:
a. All factory-built homes, including those placed in existing factory-built home parks or
subdivisions, shall be elevated on a permanent foundation such that the lowest floor of
the structure is a minimum of one (1) foot above the 100-year flood level.
b. All factory-built homes, including those placed in existing factory-built home parks or
subdivisions, shall be anchored to resist flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors.
6. Utility and Sanitary Systems:
a. On-site waste disposal and water supply systems shall be located or designed to avoid
impairment to the system or contamination from the system during flooding.
b. All new and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system as well as the discharge of effluent
into flood waters. Wastewater treatment facilities (other than on-site systems) shall be
provided with a level of flood protection equal to or greater than one (1) foot above the
100-year flood elevation.
c. New or replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system. Water supply treatment facilities (other than
on-site systems) shall be provided with a level of protection equal to or greater than one
(1) foot above the 100-year flood elevation.
d. Utilities such as gas or electrical systems shall be located and constructed to minimize or
eliminate flood damage to the system and the risk associated with such flood damaged or
impaired systems.
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7. Storage of materials and equipment that are flammable, explosive or injurious to human,
animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100year flood level. Other material and equipment must either be similarly elevated or (i) not be
subject to major flood damage and be anchored to prevent movement due to flood waters or
(ii) be readily removable from the area within the time available after flood warning.
8. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum,
protection from a 100-year flood with a minimum of 3 ft. of design freeboard and shall
provide for adequate interior drainage. In addition, structural flood control works shall be
approved by the Department of Natural Resources.
9. Watercourse alterations or relocations must be designed to maintain the flood carrying
capacity within the altered or relocated portion. In addition, such alterations or relocations
must be approved by the Department of Natural Resources.
10. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with
the need to minimize flood damages and shall have adequate drainage provided to reduce
exposure to flood damage. Development associated with subdivision proposals (including
the installation of public utilities) shall meet the applicable performance standards of this
Ordinance. Subdivision proposals intended for residential use shall provide all lots with a
means of access which will be passable by wheeled vehicles during the 100-year flood.
Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less)
shall include 100-year flood elevation data for those areas located within the Floodplain
(Overlay) District.
11. Accessory Structures
a. Detached garages, sheds, and similar structures accessory to a residential use are exempt
from the 100-year flood elevation requirements where the following criteria are satisfied.
i. The structure shall not be used for human habitation.
ii. The structure shall be designed to have low flood damage potential.
iii. The structure shall be constructed and placed on the building site so as to offer
minimum resistance to the flow of floodwaters.
iv. The structure shall be firmly anchored to prevent flotation which may result in
damage to other structures.
v. The structure's service facilities such as electrical and heating equipment shall be
elevated or floodproofed to at least one foot above the 100-year flood level.
b. Exemption from the 100-year flood elevation requirements for such a structure may result
in increased premium rates for flood insurance coverage of the structure and its contents.
12. Recreational Vehicles
a. Recreational vehicles are exempt from the requirements of this article regarding
anchoring and elevation of factory-built homes when the following criteria are satisfied.
i. The recreational vehicle shall be located on the site for less than 180 consecutive
days, and,
ii. The recreational vehicle must be fully licensed and ready for highway use.
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b. Recreational vehicles that are located on the site for more than 180 consecutive days or
are not ready for highway use must satisfy requirements of this article regarding
anchoring and elevation of factory-built homes.
13. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise
sufficiently protected to prevent rupture due to channel degradation and meandering.
Section 15.7. ADMINISTRATION.
1. Appointment, Duties and Responsibilities of zoning administrator
a. The Clay County zoning administrator is hereby appointed to implement and administer
the provisions of this article.
b. Duties of the zoning administrator shall include, but not necessarily be limited to the
following:
i. Review all floodplain development permit applications to assure that the provisions
of this article will be satisfied.
ii. Review floodplain development applications to assure that all necessary permits have
been obtained from federal, state and local governmental agencies including approval
when required from the Department of Natural Resources for floodplain construction.
iii. Record and maintain a record of the elevation (in relation to National Geodetic
Vertical Datum) of the lowest floor (including basement) of all new or substantially
improved structures in the Floodplain Overlay District.
iv. Record and maintain a record of the elevation (in relation to National Geodetic
Vertical datum) to which all new or substantially improved structures have been
floodproofed.
v. Notify adjacent communities/counties and the Department of Natural Resources prior
to any proposed alteration or relocation of a watercourse and submit evidence of such
notifications to the Federal Emergency Management Agency.
vi. Keep a record of all permits, appeals and such other transactions and correspondence
pertaining to the administration of this article and zoning ordinance.
2. Floodplain Development Permit
a. Permit Required - A Floodplain Development Permit issued by the zoning administrator
shall be secured prior to any floodplain development (any man-made change to improved
and unimproved real estate, including but not limited to buildings or other structures,
mining, filling, grading, paving, excavation or drilling operations), including the
placement of factory-built homes.
b. Application for permit shall be made on forms furnished by the zoning administrator and
shall include the following:
i. Description of the work to be covered by the permit for which application is to be
made.
ii. Description of the land on which the proposed work is to be done (i.e., lot, block,
track, street address or similar description) that will readily identify and locate the
work to be done.
iii. Indication of the use or occupancy for which the proposed work is intended.
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iv. Elevation of the 100-year flood.
v. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor
(including basement) of buildings or of the level to which a building is to be
floodproofed.
vi. For buildings being improved or rebuilt, the estimated cost of improvements and
market value of the building prior to the improvements.
vii. Such other information as the zoning administrator deems reasonably necessary (e.g.,
drawings or a site plan) for the purpose of this article.
c. The zoning administrator shall, within a reasonable time, make a determination as to
whether the proposed floodplain development meets the applicable standards of this
article and shall approve or disapprove the application. For disapprovals, the applicant
shall be informed, in writing, of the specific reasons therefore. The zoning administrator
shall not issue permits for variances except as directed by the Board of Adjustment.
d. Floodplain Development Permits based on the basis of approved plans and applications
authorize only the use, arrangement, and construction set forth in such approved plans
and applications and no other use, arrangement or construction. Any use, arrangement,
or construction at variance with that authorized shall be deemed a violation of this article
and ordinance. The applicant shall be required to submit certification by a professional
engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished
fill, building floor elevations, floodproofing, or other flood protection measures were
accomplished in compliance with the provisions of this ordinance, prior to the use or
occupancy of any structure.
3. Variance
a. The Board of Adjustment may authorize upon request in specific cases such variances
from the terms of this article that will not be contrary to the public interest where, owing
to special conditions, a literal enforcement of the provisions of this Ordinance will result
in unnecessary hardship. Variances granted must meet the following applicable standards.
i. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii)
a determination that failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of the variance will not
result in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the public or
conflict with existing local codes or ordinances.
ii. Variances shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
iii. In cases where the variance involves a lower level of flood protection for buildings
than what is ordinarily required by this Ordinance, the applicant shall be notified in
writing over the signature of the Administrator that: (i) the issuance of a variance
will result in increased premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage and (ii) such construction increases risks to life
and property.
b. In passing upon applications for variances, the board shall consider all relevant factors
specified in other sections of this Ordinance and:
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i. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
ii. The danger that materials may be swept on to other land or downstream to the injury
of others.
iii. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
iv. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
v. The importance of the services provided by the proposed facility to the County.
vi. The requirements of the facility for a floodplain location.
vii. The availability of alternative locations not subject to flooding for the proposed use.
viii. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
ix. The relationship of the proposed use to the comprehensive plan and Floodplain
program for the area.
x. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
xi. The expected heights, velocity, duration, rate of rise and sediment transport of the
flood water expected at the site.
xii. The cost of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities (sewer, gas, electrical and water
systems), facilities, streets and bridges.
xiii. Such other factors which are relevant to the purpose of this Ordinance.
c. Upon consideration of the factors listed above, the Board of Adjustment may attach such
conditions to the granting of variances as it deems necessary to further the purpose of this
article. Such conditions may include, but not necessarily be limited to:
i.
ii.
iii.
iv.
Modification of waste disposal and water supply facilities.
Limitation of periods of use and operation.
Imposition of operational controls, sureties, and deed restrictions.
Requirements for construction of channel modifications, dikes, levees, and other
protective measures, provided such are approved by the Department of Natural
Resources and are deemed the only practical alternative to achieving the purpose of
this Ordinance.
v. Floodproofing measures.
Section 15.8. NONCONFORMING USES.
If any nonconforming use or structure is destroyed by any means, including flood, it shall not be
reconstructed if the cost is more than fifty (50) percent of the market value of the structure before
the damage occurred, unless it is reconstructed in conformity with the provisions of this
ordinance. This limitation does not include the cost of any alteration to comply with existing
state or local health, sanitary, building or safety codes or regulations or the cost of any alteration
of a structure listed on the National Register of Historic Places, provided that the alteration shall
not preclude its continued designation.
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Section 15.9. PENALTIES FOR VIOLATIONS.
Violations of the provisions of the Floodplain Overlay District regulations or failure to comply
with any of the requirements shall constitute a municipal infractions and shall be punishable
under the provisions of Article XXIII.
Section 15.10. AMENDMENTS.
The regulations and standards set forth in this article may from time to time be amended,
supplemented, changed, or repealed. No amendment, supplement, change, or modification shall
be undertaken without prior approval of the Department of Natural Resources.
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ARTICLE XVI
SUPPLEMENTAL DISTRICT REGULATIONS
Article 16: Supplemental District Regulations
Section 16.1.
Section 16.2.
Section 16.3.
Section 16.4.
Section 16.5.
Section 16.6.
Section 16.7.
Section 16.8.
Section 16.9.
Section 16.10.
Intent
Lot of Record
Multiple Principal Structures per Lot
Yard Regulations
Steps, Decks and Patios
Fences and Hedges
Buildings to Have Access
Use of Public Right-of-Way
Height Exceptions
Airport Height Limitations
The regulations set forth in this Article qualify, supplement and/or modify the zoning district
regulations set forth elsewhere in this ordinance.
Section 16.2. LOT OF RECORD.
In any residential zoning district on a lot of record at the time of enactment of this ordinance, a
single-family dwelling may be established regardless of the size of the lot, provided all other
requirements of this ordinance are met. Any lot of record at the time of passage of this ordinance
shall maintain the required front, side, and rear yards on each side of the dwelling. However,
where two (2) or more vacant and contiguous substandard recorded lots are held in common
ownership, they shall be combined into zoning lots and shall thereafter be maintained in common
ownership and shall be so joined and developed for the purpose of forming an effective and
conforming zoning lot. For the purpose of this section, the razing of a building on a substandard
lot shall constitute the formation of a vacant lot.
Section 16.3. MULTIPLE PRINCIPAL STRUCTURES PER LOT.
More than one principal structure not intended to be a single family residential structure may be
erected on a single zoning lot, except in the R-1, R-2, and R-4 residential districts, subject to the
following conditions.
1) No principal building shall be located closer than twenty-five feet (25’) in relation to another
principal building on the same lot, so as to cause danger from fire;
2) All principal buildings on the lot shall be served by access ways suitable for police, fire, and
emergency vehicles.
Section 16.4. YARD REGULATIONS.
1. Unimproved Residential Lots. In any district where single family residences are permitted and
where neither a public water supply nor public sewer is available, the lot area and width
requirements shall be either the minimum required for the particular district or as follows,
whichever is greater:
a. Lot area of one acre (1 acre or 43,560 sq. ft.); lot width one hundred fifty feet (150’);
however where a public water supply and sewer is available these requirements shall be
fifteen thousand (15,000) sq. ft. and one hundred feet (100’) respectively.
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b. The above requirements shall not apply in subdivision developments providing private
water supply and sewage collection and disposal systems which have been approved by
the Iowa Department of Natural Resources and other authorized authorities.
2. Projecting Overhang or Structure. The ordinary horizontal projections from buildings including
eaves, sills, fascia, cornices, or other similar architectural features, except for gutters, may not
project or extend more than three feet (3’) into a required yard.
3. Yard Encroachments. Covered carports, bay windows, cantilevered projections, chimneys and
structures may not project into any required yard.
4. Through Lots. Buildings on through lots, extending from street to street shall provide the
required front yard on both streets.
5. Corner Lots. For buildings on corner lots with
frontage on two (2) or more public streets, each
yard abutting a public street shall be the same as
the required front yard on such street and no
accessory building shall project beyond the
required front yard on either street.
6. Line of Site Visibility (at Intersections). On a
corner lot in any district, no fence, wall, hedge,
tree or other planting or structure that will
obstruct vision between a height of two feet (2’)
and ten feet (10’) above the centerline grade of
the intersecting streets shall be erected, placed
or maintained within the triangular area formed
by connecting the right-of-way lines at points
which are twenty-five feet (25’) feet from the
intersection of the street right-of-way lines, and
measured along the street right-of-way lines.
25’
Section 16.5. STEPS, DECKS AND PATIOS.
1. Steps providing access to the ground level of any dwelling may encroach no more than three
feet (3’) into any required side yard. Steps may encroach no more than five feet (5’) into any
required front or rear yard.
2. Deck floors higher than twelve inches (12”) above the average grade of the ground shall
conform to required yard setbacks. An open unenclosed deck may project into a front yard
for a distance not exceeding ten feet (10’).
3. Uncovered patios or other concrete slab structures constructed on the ground, or less than 12
inches above the average grade of the ground, shall be allowed within the required front,
side, or rear yards. Concrete slab structure built on the ground or uncovered patios may be
built up to the property line in the side and rear yards. However, uncovered patios or other
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concrete slab structures within front yards shall not extend more than ten feet (10’) beyond
one side of a driveway .
Section 16.6. FENCES AND HEDGES.
1. Fences within all residential zoned districts shall not be constructed more than fifty percent
(50%) solid or more than four feet (4’) in height in any front yard. Please reference Section
16.4.6 when considering fences in front or side yards.
2. Except as provided above, solid or privacy fences up to seven feet (7’) in height may be
erected in any required side or rear yards. Fences in excess of seven feet (7’) may be allowed
by special exception by the Board of Adjustment in instances where the fence will screen and
protect the public view against certain junk, salvage, scrap or other commercial or industrial
uses.
3. Fences are permitted to be built up to the property line. Hedges and other perennial plantings
shall not be planted closer than two feet (2’) to any property line.
4. Fences within all residential zoned districts shall not be constructed of corrugated tin, metal
or fiberglass; or sheet metal or fiberglass. The Planning and Zoning Commission, upon
recommendation of the zoning administrator, will have the determination of materials used in
fencing if the zoning administrator has questions on the structural integrity, safety or
effective use of such proposed fencing.
5. Fences located within the (A-1) Agricultural District are not subject to the fence and hedge
regulations listed in items 1-4 above.
Section 16.7. BUILDINGS TO HAVE ACCESS.
Every principal use hereafter erected or structurally altered, shall be on a lot or parcel having
frontage on a public street or road, or on a lot or parcel with access to a public or private street.
Section 16.8. USE OF PUBLIC RIGHT-OF-WAYS.
No portion of the public road, street or alley right-of-way shall be used, or occupied by an
abutting use of land or structure for row cropping purposes, storage or display purposes, or to
provide any parking or loading space required by this ordinance.
Section 16.9. HEIGHT EXCEPTIONS.
The following structures shall be exempt from the height requirements provided in the district in
which the structure is located: television and radio towers, other receiving antennas, church
spires, belfries, monuments, farm buildings, penthouses and domes not used for human
occupancy, tanks, water and fire towers, water tanks, wind energy devices, stage towers or
scenery lofts, cooling towers, grain elevators, silos, utility poles, essential services, ornamental
towers, elevator bulkheads, drilling rigs, conveyors, flagpoles and other pertinent mechanical
apparatuses. These structures or accessories may be erected to a greater height provided all
towers or structures exceeding height requirements shall conform where applicable to the
requirements of the Federal Communications Commission, the Federal Aviation Administration
and other public authorities having jurisdiction. No tower or structure shall be permitted to
extend into approach zones, clear zones or other restricted air space required for the protection of
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the flying public. All communications towers shall be subject to the heights and limitations
imposed in Section 25.7.4 of this ordinance, Supplemental Standards.
Public, semi-public, or public service buildings, hospitals or schools when permitted in a district
may be erected to a greater height than otherwise permitted in the district if the building is set
back from each property line at least one foot (1’) in addition to the minimum yard requirements
for each two feet (2’) of additional building height above the maximum height permitted in the
district.
Section 16.10. AIRPORT HEIGHT LIMITATIONS.
The provisions of this section shall apply to development within identified zones near and
surrounding the Northwest Iowa Regional Airport near Spencer, Iowa; and located at an elevation
of 1,340.7 feet above mean sea level.
1. Airport Height Zones and Height Limitations. Except as otherwise provided in this ordinance,
no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any
zone created by this ordinance to a height in excess of the applicable height limit herein
established for such zone. Such applicable height limitations are hereby established for each of
the zones in questions as follows:
a. Primary Surface Zone The surface longitudinally centered on a runway. The primary surface is extended two hundred
feet (200') beyond each end of each runway. The width of the primary surface is one thousand
feet (1,000'). The elevation of any point on the primary surface is the same as the elevation of the
nearest point on the runway centerline.
t. Approach Zone Slopes twenty feet (20’) outward for each foot upward on the extended runway centerline,
extending outward and upward from the end at the same elevation as the primary surface and
extending to a horizontal distance of 5,000 feet along the extended runway centerline.
c. Transitional Zone Slopes seven feet (7’) outward
for each one foot (1’) upward
beginning at the sides of and at
the same elevation as the
primary surface extending to a
height of 150 feet above the
airport elevation which is
1,340.7 feet above mean sea
level. The transitional zone,
using the above stated formula,
will be established for a distance
of 1,050 feet perpendicular to
the primary runway surface.
d. Horizontal Zone 121
Established at 150 feet above the airport elevation or at a height of 1,490.70 feet above mean sea
level. The horizontal zone is established by swinging arcs of ten thousand feet (10,000’) radii
from the center of each end of the primary surface of each runway and connecting the adjacent
arcs by drawing lines tangent to those arcs. The horizontal zone does not include the visual
approach and transitional zones. Variances will be required for a structure exceeding a horizontal
plane 150 feet above the established airport elevation within a perimeter found by drawing radii
of 10,000 feet from the runway ends and connecting these arcs with tangents.
Horizontal Zone
e. Conical
Zone
The conical zone is a surface extending outward and upward from the periphery of the horizontal
surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000').
Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the
horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a
height of three hundred fifty feet (350') above the airport elevation.
2. Airport Height Use Restrictions. No use may be made and no building or structure may be
constructed, located, moved in or erected in any airport zone in such a manner as to create
electrical interference with navigational signals or radio communication between the airport and
aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare
in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird
strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or
maneuvering of aircraft intending to use the Northwest Iowa Regional Airport.
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The runway protection zone is an area "off the end of the runway threshold established to
enhance the protection of people and property on the ground" in the event an aircraft lands or
crashes beyond the runway end. Runway protection zones underlie a portion of the approach
closest to the airport. Compatible land uses within the runway protection zone is generally
restricted to such land uses as agricultural and uses that do not involve congregations of people
or construction of buildings or other improvements that may be obstructions. Agricultural
operations (other than forestry or livestock farms) are expressly permitted under this provision.
Golf courses (but not clubhouses), although discouraged, may be permitted if a wildlife hazard
assessment determines that it will not provide an environment attractive to birds. Automobile
parking facilities, although discouraged, may be permitted, provided the parking facilities and
any associated appurtenances, in addition to meeting all of the preceding conditions, are located
outside of the object free area extension. Land uses prohibited from the runway protection zone
include residences and places of public assembly such as churches, schools, hospitals, office
buildings, shopping centers, and other uses with similar concentrations of persons typify places
of public assembly.
Prohibited Uses - regardless of any other provisions of this section, no use may be made of land
or water within any zone established by this chapter in such a manner as to do any of the
following:
a. Create electrical interference with navigational signals or radio communication between the
airport and aircraft;
b. Imitate airport lights - all lights or illumination used in conjunction with streets, parking,
signs or use of land and structures shall be arranged and operated in such a manner that is
not misleading or dangerous to aircraft operating from the Northwest Iowa regional airport,
or in the vicinity thereof;
c. Result in glare in the eyes of pilots using the airport;
d. Create bird strikes; or
e. Endangerment of aircraft or interfere with the landing, takeoff, or maneuvering of aircraft
intending to use the airport.
2. Lighting. The owner of any structure over two hundred feet (200') above ground level must
install, on the structure, lighting in accordance with Federal Aviation Administration (FAA),
advisory circular 70-7460-1D and amendments. Additionally, any structure, constructed after the
effective date of this ordinance and exceeding nine hundred forty nine feet (949') above ground
level, must install on that structure high intensity white obstruction lights in accordance with
chapter 6 of FAA advisory circular 70-7460-1D and amendments.
3. Variances. Any person, firm or corporation desiring to erect or increase the height of any
structure, or to permit the growth of any tree, or otherwise use property not in accordance with
the regulations of the Section may apply to the Board of Adjustment for variance from such
regulations. The application for a variance shall be accompanied by a determination from the
Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air
navigation facilities and the safe, efficient use of navigable air space.
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4. Nonconforming Uses. The regulations prescribed in the Section shall not be construed to
require the removal, lowering, or other change or alteration of any structure or tree not
conforming to the regulations as of the effective date of this ordinance. Nothing contained
herein shall require any change in the construction, alteration, or intended use of any structure,
the construction or alteration of which was begun prior to the effective date hereof. No permit
shall be granted that would allow a nonconforming use or structure to become a greater hazard to
air navigation than it was on the effective date hereof, or any amendment hereto, or than it is
when the application for a permit is made.
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ARTICLE XVII
ADDITIONAL USE REGULATIONS
Article 17: Additional Use Regulations
Section 17.1.
Section 17.2.
Section 17.3.
Section 17.4.
Section 17.5.
Section 17.6.
Section 17.7.
Section 17.8
Section 17.9.
Intent
Accessory Buildings
Temporary Uses
Home Occupations
Minimum Requirements for Residential Structures
Adult Entertainment Regulations
Wind Energy Devices
Small Wind Energy Devices
Minor Modification to Zoning Regulations
These provisions apply to additional use regulations in addition to those guidelines set forth in
the zoning district regulations. In event of any conflict in provisions, the more restrictive
provision shall apply unless specifically indicated to the contrary.
Section 17.2. ACCESSORY BUILDINGS.
The purpose of these provisions is to establish the relationship among principal and accessory uses
and to establish provisions governing the conduct of accessory uses. Principal uses specified as
permitted uses or special exception uses for a district shall be deemed to include accessory buildings
and uses identified by these regulations and such other accessory uses that are necessary and
customarily associated with and are subordinate to such principal or special exception uses.
Accessory buildings and uses shall be subject to the same regulations as apply to principal uses in
each district, except as otherwise provided in these regulations.
Accessory buildings and uses customarily incidental to that of the principal building may be erected
or established upon any lot or tract of land, provided they comply with the following limitations:
1. Accessory buildings that are structurally part of or attached to the principal building shall
conform to the site development regulations of the principal building.
2. No accessory building is permitted within the front yard, including lakeshore residential
properties.
3. Accessory buildings, except those within the R-1, R-2 and R-5 districts, may be allowed as the
only principal structure on a separate lot so long as the property the accessory building is
situated on is located no more than 300 feet from the lot of the principal structure it is associated
with.
4. No detached accessory building in any residential district shall occupy more than thirty
percent (30%) of the rear yard. Residential accessory buildings shall be limited to a
maximum of two (2) total buildings, including a garage.
5. Accessory buildings which are not a part of the main building may be built in a rear yard
within five (5) feet of the rear lot line and within three (3) feet of the side lot line. In the Lake
Residential (R-4) District, no accessory building shall be located within fifteen feet (15’) of
the rear lot line (lakeshore side of the lot).
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6. No detached accessory building in any residential district shall be erected within ten (10) feet
of any main or principal building.
7. In the R-1 and R-3 districts not more than one (1) vehicle housed in a private garage may be
a commercial vehicle or of more than three (3) tons capacity, and not more than three (3)
spaces in a private garage may be leased to persons other than the residents on the premises.
8. Accessory buildings shall not be erected, placed, located or constructed on any required,
permanent, temporary or utility easement.
9. Accessory buildings shall not exceed twenty feet (20’) in height in residential districts and
twenty-five feet (25’) in height in commercial or industrial districts, but in no circumstance
shall the elevation of the accessory building exceed the height of the principal building or
structure on the property.
10. Accessory buildings shall have siding or exterior finishes similar to that of the principal
building on the same or adjacent lot. Except within the (A-1) Agricultural District, accessory
buildings shall not be constructed from galvanized sheet or corrugated metal. This is not to
exclude the use of standing seam metal roofs or other fabricated or painted metal roof
shingles or siding.
11. No accessory building shall be constructed upon a lot until the construction of the main
building has been actually commenced, and no accessory building shall be used unless the
main building on the lot is also being used.
12. No accessory building shall be used for dwelling purposes.
Section 17.3. TEMPORARY USES.
Provisions authorizing temporary uses are intended to permit occasional, temporary uses when
consistent with the purposes of this zoning ordinance and when compatible with other nearby uses.
1) Temporary Use Types: The following types of temporary use may be authorized, subject to
specific limitations herein and such additional conditions as may be established by the zoning
administrator.
a. Contractor's office, storage yard, and equipment parking and servicing on the site of an
active construction project may be permitted in any district during the period that the
construction work is in progress, but such temporary building(s) shall be removed within
thirty (30) days after completion or abandonment of the construction work.
b. Religious, patriotic, or historic assemblies, displays, or exhibits.
c. Circuses, carnivals, fairs, or similar transient amusement or recreational activities.
d. Christmas tree sale lots, exclusive of tree farms.
e. Outdoor special sales, including arts and crafts shows, swap meets, flea markets, parking
lot sales, or similar activities, limited to locations in all residential, commercial or
industrial districts, and when operated more than 3 days in the same week or more than 7
days in the same month.
f. Temporary signs relating to temporary uses.
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g. Temporary use of trailer units or similar portable structures for nonresidential uses, of
which are limited to a maximum time period of 6 months per calendar year.
h. Additional similar uses determined to be temporary by the zoning administrator.
2. Required Conditions of Temporary Use:
Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of
temporary use upon completion or removal of the use. The zoning administrator may
establish additional conditions as deemed necessary to ensure land use compatibility and to
minimize potential negative impacts on nearby uses, including but not limited to time and
frequency of operation, temporary arrangements for parking and traffic circulation,
requirements for screening or enclosure, and guarantees for site restoration and cleanup.
Section 17.4. HOME OCCUPATIONS.
Residential Home Occupations: Home occupations as an accessory to residential uses shall be
subject to the following limitations. The Board of Adjustment may grant additional special
exemptions for the type of allowed use, the use of additional buildings, and employment of
individuals not living in the residence, or signs that are larger than allowed, provided the
proposed special exception will not create a nuisance for surrounding residents.
1. The use must be conducted as a secondary use and in such a manner as not to give an outward
appearance nor manifest any characteristics of a business in the ordinary meaning of the term.
The home occupation shall be conducted entirely within a dwelling unit that is the bona fide
residence of the practitioner(s), or entirely within a garage or accessory building (not to
include a carport, driveway, yard or outside area).
2. Only one (1) unrelated person living outside the residence and members of the immediate
family may be employed in the home occupation.
3. The home occupation shall not generate customer related vehicular traffic substantially in
excess of the normal anticipated residential neighborhood traffic.
4. No equipment or materials associated with home occupations located in residential districts
shall be displayed or stored where visible from off the premises.
5. May have no more than one (1) flush-mounted non-illuminated wall sign not exceeding six (6)
square feet, and one (1) non-illuminated yard sign not exceeding twelve (12) square feet and six
feet (6’) in height.
6. No more than thirty percent (30%) of the main floor area of the principal building may be
utilized by the home occupation. However, this regulation shall not apply to day care services.
7. The occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare,
fumes, electrical interference or waste run off outside the dwelling unit or on the property
surrounding the dwelling unit.
8. The use must not infringe upon the right of neighbors to enjoy peaceful and healthy occupancy
of their home for which purpose the use is primarily intended.
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9. Nothing herein shall be construed to allow the following businesses or occupations as home
occupations: animal hospitals, animal breeding, clinics, hospitals, contractor's yards, junk
yards, restaurants or rental outlets.
10. In-home daycare operations shall be permitted according to state regulations.
Business Home Occupations: are those uses which typically carry on a commercial type use on
the premises of a farm, farmstead, lot, parcel or tract of land in association with a dwelling unit.
Business home occupations shall also be subject to the following limitations. The Board of
Adjustment shall grant special exemptions for the type of allowed use, the use of additional
buildings, and employment of individuals; provided the proposed special exception will not create
a nuisance for surrounding properties or residents.
1.
The use must be conducted as a secondary or accessory use to the property. The business home
occupation may be conducted within the principal dwelling, an accessory building or a
designated business building, as long as the occupation is located on the same premises as the
principal dwelling.
2.
Up to three (3) unrelated persons living outside the residence and members of the immediate
family may be employed in the business home occupation.
3.
Incidental equipment or materials associated with a business home occupation may be
displayed or stored where visible from off the premises. However, the business home
occupation shall not use the principal use of the property as a sales lot or display area for
home occupation products such as automobiles, recreational vehicles or farm machinery and
equipment.
4.
May have no more than one (1) flush-mounted non-illuminated wall sign not exceeding twelve
(12) square feet, and one (1) non-illuminated yard sign not exceeding twenty (20) square feet
and ten feet (10’) in height.
5.
The business home occupation shall not produce external noise, vibration, smoke, dust, odor,
heat, glare, fumes, electrical interference or waste run off outside of property of the principal
use or elsewhere that would be a nuisance to neighboring properties.
6.
The following uses shall not be allowed as business home occupations: animal hospitals,
clinics, hospitals, junk or salvage yards, or restaurants.
7.
Daycare centers, respite facilities, or places for the short term care of children and/or adults
shall be permitted and the number of occupants allowed according to state regulations.
8.
Factors to be reviewed in considering whether to permit a business home occupation; the
Board of Adjustment shall consider:
a. The impact of the business home occupation upon the existing neighborhood character.
b. The impact of the business home occupation upon existing traffic patterns, and upon
general traffic safety.
c. The additional public expense, if any, likely to be caused by the business home occupation.
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d. The extent to which the business home occupation may interfere with the quiet, peaceful
and healthful enjoyment of other properties in the vicinity.
e. The impact of the business home occupation upon natural resources.
f. All other relevant and material factors.
9. The permit for a business home occupation issued pursuant to this section shall be personal
to the applicant and shall not be sold, conveyed or transferred, nor shall such a permit be
deemed to run with the land. Estoppel, waiver, laches or acquiescence in breach shall not be
asserted by the holder against any action taken by the zoning administrator or Board of
Adjustment pursuant to this ordinance.
10. The zoning administrator may revoke the permit for a business home occupation upon
determining that:
a. The applicant made a false statement in the application for issuance of the permit, or
b. The business home occupation is or has been conducted contrary to that set forth in the
application, or
c. The business home occupation is or has been conducted contrary to that set forth in the
permit, or
d. The business home occupation is or has been conducted contrary to the certification
contained in the application, or
e. A final court judgment has been entered of record finding the business home occupation a
public nuisance.
The decision of the zoning administrator to revoke, or after receipt of a demand to do so, to not
revoke a permit for a business home occupation pursuant to this section may be appealed to the
Board of Adjustment as provided in Article XXIV of this Ordinance.
Section 17.5. MINIMUM REQUIREMENTS FOR RESIDENTIAL STRUCTURES.
All structures intended for residential occupancy placed, moved in, erected, assembled or
constructed in Clay County, after the effective date of this ordinance, shall meet and comply with
the following minimum requirements:
1. Structure Size: Each such structure shall have a main body with a minimum exterior
dimension of at least twenty-four feet (24’) measured from outside of the exterior walls,
exclusive of attached garages, porches, or other attached accessory structures. A structure
may include porches, sunrooms, garages and additions or lesser dimensions and area, so long
as the main body meets the minimum requirements.
2. Minimum Floor Area: Each such structure shall have a minimum floor area of not less than
eight hundred (800) square feet.
3. Foundation: All residential dwellings shall have a continuous and complete frost protected
perimeter foundation, except that a perimeter foundation shall not be required for a mobile or
manufactured home if a perimeter foundation in incompatible with the structural design of
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the building. For such a mobile or manufactured home, a permanent foundation may be a pier
footing or post foundation system designed and constructed to be compatible with the
structure and the conditions of the site. Foundation materials may be masonry, poured
concrete, wood or metal and must extend below the normal frost line or be an approved frostfree permanent foundation. The structure must be permanently attached to the foundation.
4. Exterior Wall and Roof Material:
a. Exterior wall covering shall be of wood or masonry finish, vertical or horizontal grooved
siding, lap siding, log siding, wood shingles, or other approved materials of similar
appearance thereof.
b. Roofing materials shall be shingles (asphalt, fiberglass, metal or wood), slate, ceramic,
concrete, or metal of a type customarily used for residential roofing material, such as
“standing seam” or embossed or textured metal.
c. Smooth, unfinished or corrugated sheet metal (including galvanized) or sheet fiberglass
shall not be used for exterior wall or roof coverings.
d. Soffits and/or eaves, window and door trim, roofs and coverings over bay and bow
windows and doors may be smooth finished metal, vinyl or wood or unfinished metal,
such as copper, customarily used for residential structure trim.
5. Entrance and Exit Doors: Not less than two (2) functional entrance and exit doors.
6. Wheels, Axles or Towing Device: No residential structure shall have attached wheels, axles,
or a towing device.
7. Exemption: The provisions of this section shall not apply to mobile homes or manufactured
housing placed in a mobile home park in compliance with the remaining regulations in this
zoning ordinance.
Section 17.6. ADULT ENTERTAINMENT REGULATIONS.
1. Purpose.
Clay County, Iowa finds that adult entertainment establishments require special consideration
in order to protect and preserve the health, safety, and welfare of the patrons of such
establishments as well as the citizens of Clay County. Because of their very nature, these uses
have a detrimental effect on both existing establishments around them and surrounding
residential areas adjacent to them. It is for these reasons and further that Clay County finds:
a. The concern over sexually-transmitted diseases is a legitimate health concern that demands
reasonable regulation of adult entertainment establishments in order to protect the health
and well-being of the county;
b. Adult entertainment establishments, due to their very nature, have serious objectionable
operational characteristics, thereby contributing to blight and downgrading the quality of
life in the adjacent areas;
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c. Clay County wants to prevent such adverse effects and thereby protect the health, safety,
and welfare of its residents; protection from increased crime; preserve the quality of life;
preserve property values and deter the spread of blight;
It is not the intent of these regulations to suppress any free speech activities protected by the First
Amendment, but to enact content neutral regulations that address the secondary effects of adult
entertainment establishments as well as the problems associated with such establishments.
2. Definitions.
Adult entertainment establishments consisting of, including, or having the characteristics of
any or all of the following.
a. Adult Bookstore: An establishment that has a facility or facilities, including but not limited
to, booths, cubicles, rooms or stalls for the presentation of "adult entertainment," including
adult-oriented films, movies, or live performances for observation by patrons therein; or
an establishment having a substantial or significant portion of its stock for sale, rent, trade,
lease, inspection, or viewing of books, films, video cassettes, DVDs, magazines,
publications, or other periodicals, which are distinguished or characterized by their
emphasis on matters depicting, describing, or relating to specified anatomical areas or
specified sexual activities as defined below.
b. Adult Entertainment: Any exhibition of any motion picture, live performance, display, or
dance of any type, which has as its dominant theme or is distinguished or characterized by
an emphasis on any actual or simulated specified sexual activities or specified anatomical
areas as defined below.
c. Adult Motion Picture Theater: An enclosed building used for presenting material having
as its dominant theme or distinguished or characterized by an emphasis on matters
depicting, describing, or relating to specified sexual activities or specified anatomical
areas as defined below for observation by patrons of the building.
d. Adult Entertainment Establishment: Any establishment devoted to adult entertainment,
either with or without a liquor license, presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical areas as defined below. It further means any premises that feature
topless dancers, strippers, male or female impersonators, or other similar entertainers for
observation by patrons. Adult entertainment establishments further mean those places to
which are physically arranged so as to provide booths, cubicles, rooms, compartments, or
stalls separate from the common area of the premises for the purposes of viewing adultoriented motion pictures or adult entertainment dancing.
e. Operators: Any person, partnership, or corporation operating, conducting, maintaining or
owning any adult entertainment establishment.
f. Specified Anatomical Areas: Less than completely and opaquely covered female or male
genitals or buttocks; and the fully exposed female breasts.
g. Specified Sexual Activities: Simulated or actual acts of:
(i) showing of specified anatomical areas in a state of sexual stimulation or arousal;
(ii) actual or simulated acts of sexual intercourse, sodomy, sado-masochism; or
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(iii) fondling or erotic touching of specified anatomical areas.
3. Adult Entertainment Operations or Activities.
In any building, structure or venue intended for adult entertainment, whether alcohol is
served or not, activities engaged in the showing of specified anatomical areas or specified
sexual activities are not permitted.
4. Locational Requirements and Restrictions.
An adult entertainment establishment shall be permitted within Clay County only in the (I-2)
Heavy Industrial zoning district upon receipt of a site plan prepared in accordance with
Article XVIII and a special exception use permit in accordance with the procedures set forth
in Article XXV; and only if it meets all of the location requirements set forth below.
Distances provided hereafter shall be measured by following a straight line, without regard to
intervening buildings, from the nearest point of the property parcel upon which the proposed
adult entertainment business is to be located, to the nearest point of the parcel of property or
zoning district boundary line from which the proposed adult entertainment business is to be
separated.
a. Adult entertainment establishments shall be prohibited in or within one thousand (1,000)
feet of the borders of a residential district.
b. Adult entertainment establishments shall be prohibited within one thousand (1,000) feet
of any church, synagogue, mosque, temple, or other place of religious worship.
c. Adult entertainment establishments shall be prohibited within one thousand (1,000) feet
of any public or private school offering general education for students between the years
of kindergarten and twelfth grade.
d. Adult entertainment establishments shall be prohibited within one thousand (1,000) feet
of any public park or playground.
e. Adult entertainment establishments shall be prohibited within one thousand (1,000) feet
of any daycare home or daycare business.
5. Development Design Standards.
It shall be unlawful for an owner of an adult entertainment establishment to allow
merchandise or activities of the establishment to be visible from a point outside the
establishment. Furthermore, adult entertainment establishments shall not allow the exterior to
have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial
representation of any manner depicting specified anatomical areas or specified sexual
activities. In addition to the sign regulations identified elsewhere in these zoning regulations,
the sign shall not contain any flashing lights or photographs, silhouettes, drawings, or
pictorial representations of any manner, except for the name of the enterprise.
6. Responsibilities of the Operator.
Every act or omission by an employee constituting a violation of the provisions of these
regulations shall be deemed the act or omission of the operator if such act or omission occurs
either with the authorization, knowledge, or approval of the operator, or as a result of the
operator’s negligent failure to supervise the employee’s conduct, and the operator shall be
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punishable for such act or omission in the same manner as if the operator committed the act
or caused the omission.
7. Minors.
It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter
or be on the premises of an adult entertainment establishment at any time that the
establishment is open for business. The operator is responsible for monitoring public
entrances at all times during regular business hours.
Section 17.7. WIND ENERGY DEVICES.
The purpose of these regulations is to oversee the permitting of wind energy devices in Clay
County and to preserve and protect public health and safety without significantly increasing the
cost or decreasing the efficiency of a wind energy devices.
1. Definitions.
a. “Administrator” - means the Clay County zoning administrator
b. “Commercial Wind Energy Device” – any wind energy device with a nameplate capacity
of more than 100kw of which its primary intent is to generate electrical power to be sold to
utility or power companies.
c. “Owner” - shall mean the individual or entity that intends to own and operate the wind
energy system in accordance with this ordinance.
d. “Rotor Diameter” - means the cross sectional dimension of the circle swept by the rotating
blades.
e. “Total Height” - means the vertical distance from ground level to the tip of a wind
generator blade when the tip is at its highest point.
f. “Tower” - means the monopole, freestanding, or guyed structure that supports a wind
generator.
g. “Wind Energy Device” - means equipment that converts and then stores or transfers energy
from the wind into usable forms of energy. This equipment includes any base, blade,
foundation, generator, nacelle, rotor, tower, transformer, wire, inverter, batteries or other
components used in the system.
h. “Meteorological Tower (or Met Tower)” - Any meteorological, measuring or surveying
equipment erected on or attached to any tower, monopole, or guyed structure to verify the
wind and weather resources found within a certain area. Meteorological towers are
excluded from permitting on both temporary and permanent structures.
2. Wind Energy Requirements
a. Location and Height. Commercial wind energy devices shall not be permitted within any
defined residential zoned district. Commercial wind energy devices shall be limited to a
total height of 250 feet within 1,200 feet of any residential zoned district. No height
limitations shall apply in all other zoning districts, except when located within the airport
height limitation zones.
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b. Setbacks. Commercial wind energy devices shall be set back a distance equal to 110% or
1.1 times the total height from any public street right of way, overhead utility lines or
adjacent property lines. Commercial wind energy devices, including meteorological towers,
shall be setback a distance of no less than 1,200 feet from any residential dwellings.
There shall be no setback requirements with regard to wind energy devices if the adjacent
property owner gives written consent to allow such wind energy device to be placed
adjacent to the property line. Such consent shall be in writing from the adjacent property
owner.
There shall be no setback requirement if the county provides written consent to allow such
wind energy device to be placed closer to a public right of way than 110% of the wind
energy devices total height. Similarly, there shall be no setback requirement if the
appropriate public or private utility provides written consent to allow such wind energy
device to be placed closer to overhead utility lines than 110% of the wind energy devices
total height.
There shall be no setback requirement if the adjacent property owner will also have wind
energy devices located on their property and has granted an overhang easement pursuant to
an overhang easement with a wind energy company. In such case, there will be no setback
requirements if both parties are participating in an overhang easement with a wind energy
company which grants the participating parties mutual overhanging easements.
c. Special Exception. All wind energy devices, wind energy towers or meteorological towers
erected in any zoning district shall be granted as a special exception use and approved by
the Board of Adjustment after a public hearing.
d. Access. All ground mounted electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
e. Electrical Wires. All electrical wires associated with a wind energy device, other than wires
necessary to the operation of the wind turbine itself shall be located underground.
f. Lighting. A wind energy device shall not be artificially lighted unless such lighting is
required by the Federal Aviation Administration.
g. Appearance, Color, and Finish. The wind energy device shall remain painted or finished
the color or finish that was originally applied by the manufacturer, unless approved in the
special exception use permit.
h. Signs. All signs visible from any public road, other than the manufacturer’s or installer’s
identification or appropriate warning signs shall be prohibited.
i. Code Compliance. A wind energy device shall comply with all applicable state
construction and electrical codes, and the National Electrical Code.
j. Utility notification and interconnection. Wind energy devices that connect to the electric
utility shall comply with all local, State of Iowa and Federal regulations regarding the
connection of energy generation facilities.
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k. Sound. Sound produced by wind energy devices under normal operating conditions, as
measured at the property line shall: a) not produce sound at a level that would constitute a
nuisance; b) shall comply with any local ordinance regulating the volume of sound as a
nuisance, if applicable. Sound levels, however, may be exceeded during short term events
out of anyone’s control, such as utility outages and/or severe wind storms.
l. Climbing Apparatus. The tower must be designed to prevent climbing within the first ten
feet (10’).
m. Electromagnetic Interference. All wind energy devices shall be designed and constructed
so as not to cause radio and television interference. If it is determined that the wind energy
device is causing electromagnetic interference, the owner shall take the necessary
corrective action to eliminate this interference including relocation or removal of the
facilities, subject to the approval of the appropriate county authority. A zoning compliance
permit granting a wind energy device may be revoked if electromagnetic interference from
such device becomes evident.
3. Permit Requirements. A zoning compliance permit shall be required for the installation of a
wind energy device. The zoning compliance permit application shall be accompanied by a site
plan which includes the following:
 Location of the proposed wind energy device(s)
 Wind energy device specifications, including manufacturer and model, rotor diameter,
tower height, tower type (freestanding or guyed)
 Tower foundation blueprints or drawings and tower blueprint or drawing
 Site layout, including location of property lines, wind turbines, electrical wires,
connection points with electrical grid, and related accessory structures. The site layout
shall be drawn to scale.
 Documentation of land ownership or legal control of the property on which such
devices will be located.
 FAA Permit Application
 Any applicable fees for a zoning compliance permit and a special exception use permit
shall be paid at the time of permit application.
4. Notification. Notice shall be given by ordinary mail to all adjacent property owners and
owners of property within 500’ of the proposed site(s) for which the special exception use is
requested.
5. Discontinuance. Any commercial wind energy device that is out-of-service for a continuous
one (1) year period will be deemed to have been abandoned and discontinued for use. At such
time the wind energy device is determined to be abandoned, the owner shall remove the wind
energy device at the owner’s expense within 6 months of receipt of notice. If the owner fails to
remove the wind energy device, the zoning administrator may pursue legal action against the
owner of such wind energy devices.
6. Penalty. It shall be unlawful for any person, firm or corporation to construct, install, or operate
a wind energy device that is not in compliance with this ordinance or with any special conditions
contained in the special exception use permit. Wind energy devices installed prior to the
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adoption of this ordinance are exempt. The zoning administrator may enter any property for
which a permit has been issued under this ordinance to conduct an inspection to determine
whether the conditions stated in the permit have been met. Any person who fails to comply with
any provision of this ordinance or a special exception use permit shall be subject to enforcement
and penalties as stipulated in Article XXIII.
Section 17.8. SMALL WIND ENERGY DEVICES.
The purpose of these regulations is to permit, but regulate the safe, effective, and efficient use of
small wind devices for personal or residential use and installed to reduce the on-site consumption
of utility supplied electricity.
1. Definitions. The definitions in Section 17.7 shall also apply to this section in addition to the
definition below.
a. “Small Wind Energy Device” - means a wind energy system that is used to generate
electricity and has a nameplate capacity of 100kw or less. Wind energy devices with a
generating capacity of 20kw or less may be used for residential or personal use. Wind
energy devices with a generating capacity between 20kw and 100kw is considered small
wind energy for commercial/industrial applications. A wind energy device is considered
“small” only if it supplies electrical power solely for on-site use, except that when a parcel
on which the system is installed also receives electrical power supply by a utility company,
excess electrical power generated and not presently needed for on-site use may be used by
the utility company in accordance with Section 199, chapter 15.11 (5) of the Iowa
Administrative Code.
2. Small Wind Energy Requirements.
a. Allowance. Small wind energy devices designed, marketed and sold with a nameplate
capacity of 100kw or less, shall be considered a special exception use in all zoning
districts.
b. Placement. Small wind energy devices designed for residential or personal use shall be
erected on either a freestanding pole or tower. In all residential zoned districts, no small
wind energy device or accessory structures shall be permitted within the front yard.
c. Height. No height limitations shall apply, except when located within the airport height
limitation zones.
d. Setbacks. Small wind energy devices located on a freestanding pole or other tower
structure must maintain a setback distance equal to 110% of its total height from any public
street or road right-of-way, overhead utility lines or adjacent property lines not under the
same ownership unless written permission is granted by the property owner or entity with
jurisdiction over the street, utilities or adjacent properties.
e. Special Exception. A small wind energy device, wind energy tower or meteorological
tower erected in any zoning district shall be granted as a special exception use and
approved by the Board of Adjustment after a public hearing.
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f. Access. All ground mounted electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
g. Electrical Wires. All electrical wires associated with a wind energy device, other than wires
necessary to the operation of the device itself shall be located underground.
h. Lighting. A small wind energy device shall not be artificially lighted unless such lighting is
required by the Federal Aviation Administration.
i. Appearance, Color, and Finish. All small wind energy devices shall remain painted or
finished the color or finish that was originally applied by the manufacturer, unless
approved in the special exception use permit.
j. Utility notification and interconnection. No small wind energy devices shall be installed
until evidence has been given that the utility company has authorized interconnection of the
small wind device to its electric distribution or transmission, under an agreement approved
by and subject to regulation adopted by the Iowa Utilities Board. Wind energy devices not
connected to a public utility system shall be exempt from this requirement.
k. Sound. Sound produced by small wind energy devices under normal operating conditions,
as measured at the property line shall: a) not produce sound at a level that would constitute
a nuisance; b) shall comply with any local ordinance regulating the volume of sound as a
nuisance, if applicable. Sound levels, however, may be exceeded during short term events
out of anyone’s control, such as utility outages and/or severe wind storms.
l. Electromagnetic Interference. All small wind energy devices shall be designed and
constructed so as not to cause radio and television interference. If it is determined that the
small wind energy device is causing electromagnetic interference, the owner/operator shall
take the necessary corrective action to eliminate this interference including relocation or
removal of the facilities, subject to the approval of the county. A permit granting a small
wind energy device may be revoked if electromagnetic interference becomes evident.
3. Permit Requirements. A zoning compliance permit shall be required for the installation of a
small wind energy device.
4. Notification. The same provisions apply as identified in Part 6. of Section 17.7.
5. Penalty. The same provisions apply as identified in Part 8. of Section 17.7.
Section 17.9. MINOR MODIFICATION TO DISTRICT REGULATIONS.
The zoning administrator shall be responsible for reviewing applications and approving or
denying minor modifications from the requirements of the zoning district regulations. The intent
behind minor modifications is to allow minor area, lot, setback and height exceptions for
principal and accessory buildings and structures.
1. Minor Modification Limitations. The following exceptions are permitted without variance to
this ordinance.
a. Reduction of required side yard setbacks by no more than one foot (1’), but in no instance
shall a side yard be less than five feet (5’);
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b.
c.
d.
e.
f.
Reduction of required rear and corner yard setbacks by no more 10% of the required setback;
Reduction of minimum lot area requirements by no more than 10% of the required standard;
Exception to the height requirements by no more than two feet (2’);
Exceed the maximum lot coverage ratio by 10%;
Reduction of front, rear, side or corner yard setbacks to allow for construction of an
addition in line with an existing portion of the building or structure.
g. Reduction of required residential front, rear and side yard setbacks without limit as
required to provide handicapped access ramps to a dwelling or building;
h. Reduction of front, rear, and side yard setbacks without limit to allow reconstruction of a
historically accurate structure.
i. Construct an addition to a principal structure that would cause existing detached
accessory structures to become nonconforming.
2. Application. The application for a minor modification shall be submitted on a form provided
by the zoning administrator (the application may be the county’s variance application) and
must contain a sufficient site plan and other exhibits as appropriate to illustrate the request.
3. Fee. A fee, determined by resolution of the Board of Supervisors, shall accompany the application.
5. Review Criteria. Before a minor modification can be granted, the zoning administrator shall
establish that the following standards are satisfied.
a. The minor modification will not be detrimental to the public health, safety or general
b. The minor modification will not have a substantial negative impact upon neighboring
properties.
c. The minor modification does not authorize a use or activity not otherwise expressly
authorized by the regulations within the zoning district in which the property is located.
d. The minor modification is the minimum necessary to achieve the desired result.
e. The minor modification does not alter the applicant’s obligation to comply with other
applicable laws or regulations of this ordinance.
6. Authorization. The zoning administrator shall issue a decision to approve, approve with
conditions or deny the minor modification. The decision will include the findings upon which
the approval or denial is based. The denial of a minor modification shall not prevent the
applicant from seeking approval of a variance for the same project from the Board of
Adjustment pursuant to Section 24.6 of this ordinance.
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ARTICLE XVIII
SITE PLANS
Article 18: Site Plans
Section 18.1.
Section 18.2.
Section 18.3.
Intent
Legal Information
Site Plan
Site plans are required for new construction of permitted or special exception buildings and
structures in any district, and shall comply with and illustrate the following. Accessory uses,
buildings and structures, decks and patios, interior remodeling projects, and those exterior
projects that do not change the size, cubic content or building footprint are exempt from site plan
requirements. Although site plans according to this article are not required for such accessory
uses or other remodeling or interior projects, it does not imply that such uses are exempt from the
zoning permit process and any site drawings or plans required of the zoning permit application.
Section 18.2. LEGAL INFORMATION.
One (1) copy of the site plan shall be presented to the county and include the following:
a. Legal property owners name and description of property.
b. Appellant’s name, requested land use and zoning.
c. If the appellant is other than the legal owner, the appellant’s interest shall be indicated and
the legal owners’ authority to appeal shall be submitted in a certified legal form.
Section 18.3. SITE PLAN.
One (1) copy of the site plan shall be presented to the county and clearly illustrate the following:
a. Property boundary lines, dimensions and total area.
b. If substantial topographic change is proposed, contour lines at intervals of not more than
one foot (1’) may be requested by the zoning administrator.
c. The availability and location of existing utilities.
d. The proposed location, size, shape and type of all buildings or structures.
e. The total square feet of all proposed buildings, both individually and collectively.
f. The number of dwelling units or building units (if multiple units are involved)
g. Parking areas, number of parking spaces proposed, number of parking spaces required by
this ordinance, type of surfacing to be used, etc.
h. Walkways, driveways, outside lighting, walls, fences, signs, monuments, statues and other
man-made features to be used in the landscape.
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ARTICLE XIX
OFF STREET PARKING
Article 19: Off Street Parking
Section 19.1.
Section 19.2.
Section 19.3.
Section 19.4.
Section 19.5.
Section 19.6.
Intent
General Parking Area and Surface Requirements
Off Street Parking Requirements
Computation of Parking Spaces
Location and Type of Parking
Off Street Loading Requirements
It is the intent of this article to prevent traffic congestion and to provide for proper traffic safety
by preserving the public thoroughfares for the unimpaired movement of pedestrian and vehicular
traffic. Therefore, after the effective date of this ordinance, in all districts, there shall be provided at
the time any new building or structure is erected, off-street parking spaces in accordance with the
requirements set forth herein. The requirements of this Article are minimum standards, and in
certain uses these requirements may be inadequate. Where review of the site plans and intended
land use indicated within the application of proven standards or experienced statistics that the
requirements herein are inadequate for the specific land use adaptation, a greater requirement for
off-street parking may be required to preserve the intent of this ordinance.
Section 19.2. GENERAL PARKING AREA AND SURFACE REQUIREMENTS.
All off-street parking areas as required in this Section shall comply with the following minimum
area and surface requirements.
1. All buildings and structures erected and all uses of land in all districts established after the
effective date of this ordinance shall provide accessory parking and loading facilities as
required under this section, unless a building permit has been issued and construction is
begun at least six (6) months prior to the effected date of this ordinance.
2. Owners of two (2) or more uses or parcels of land may agree to jointly utilize the same parking
spaces provided that satisfactory legal evidence is presented in the form of deeds, leases, or
contract documents to establish such a joint area of use.
3. A “parking space” shall be not less than 180 square feet (typically 9' in width by 20' in
length).
4. Parking spaces shall be surfaced with portland cement, concrete, asphaltic concrete or
equivalent hard surface including gravel or rock.
5. Enclosed parking areas or garages shall qualify to meet the minimum parking space
requirements under this section.
6. All yard area except the front yard within residential zoned districts may be used for offstreet parking; however, parking may be permitted in front yards only on a surfaced
driveway.
7. Requirements as to number and size of parking space in this section are minimum
requirements only and shall not be construed as limitations.
8. Willful failure to permanently maintain and provide parking spaces as required under this
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section shall be deemed in violation of this ordinance and subject to the penalty listed in
Article XXIII.
Section 19.3. OFF STREET PARKING REQUIREMENTS.
In all districts in connection with every industrial, commercial, business, trade, institutional,
recreational or dwelling use and similar uses, space for parking and storage of vehicles shall be
provided in accordance with the following schedule:
1. Single Family Residential:
2 spaces
2. Multiple Family Residential:
1.5 spaces per dwelling unit
3. Mobile Home Residential:
2 spaces per each mobile home dwelling
4. Lodging Facilities:
(e.g. hotel, motel, bed & breakfast inn)
1 space per each sleeping room, plus
1 space for each two (2) employees
5. Healthcare Facilities:
(e.g. hospitals, medical clinics, etc.)
1 space for each four (4) hospital beds, plus
1 space for each two (2) employees
6. Nursing, Assisted Living,
and retirement homes
1 space for each eight (8) beds, plus 1 space
for each three (3) employees, plus 1 space
for each resident staff.
7. Public Assembly:
(e.g. churches, auditoriums, theaters, etc.)
1 space for each six (6) seats of seating
capacity
8. Dance hall, Township Hall, Assembly Hall: 1 space for each 300 sq. ft. of gross floor area
9. General Retail Sales/Offices:
1 space per 300 feet of gross floor area.
10. Auto Sales and Auto Service
1 space per 1,000 sq. ft. of gross floor area,
plus 1 space for each two (2) employees
11. Bowling Alleys
Five (5) spaces for each lane
12. Restaurants:
1 space for each four (4) seats, plus 1 space
for each two (2) employees
13. Lounges/Bars/Taverns/Night Clubs:
1 space for each two (2) seats or 1 space per
150 sq. ft. of gross floor area, whichever is greater
14. Educational Facilities:
1 space for every six (6) seats in the largest
facility for public assembly or 1 space per
each regular employee, whichever is greater.
15. Manufacturing/Wholesale/Warehousing:
1 space for every three (3) employees on the
largest shift, but in no case less than one 1
space for each 1,000 sq. ft. of gross floor area.
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16. Industry/Biotechnical/Research:
1 space for every two (2) employees on the
largest shift, but in no case less than one 1
space for each 1,000 sq.ft. of gross floor area.
17. Salvage Yards/Scrap Yards/Junk Yards:
One (1) space per one hundred (100) sq. ft.
of disp1ay or floor area
18. Campgrounds, camp site or RV parks:
One (1) space per one (1) camping or RV site
19. All Other Uses:
All other buildings having a gross floor area
of more than two thousand (2,000) sq. ft.
shall provide one off-street parking space for
each one thousand (1,000) sq. ft. of floor
space.
Section 19.4. COMPUTATION OF PARKING SPACES.
1. Where the use of any building, structure or premises is not specifically mentioned herein, the
provisions for a similar use which is so mentioned above shall apply, as determined by the
zoning administrator.
2. Where fractional spaces occur, the parking spaces required shall be increased to the next
whole number.
3. Whenever a building or use constructed or established after the effective date of this ordinance
is changed, altered, or enlarged in floor area, number of employees, number of dwelling units,
seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in
the number of existing parking spaces, such spaces shall be provided on the basis of the
enlargement or change. Whenever a building or use existing prior to the effective date of this
ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area
used, said building or use shall then and thereafter comply with the parking requirements set
forth herein.
4. In the case of mixed or joint uses, the parking spaces required shall equal the sum of the
requirements of the various uses if computed separately.
Section 19.5. LOCATION AND TYPE OF PARKING.
Off-street parking areas in residential zoned districts shall be provided on the same lot with the
principal use. Every parcel of land hereafter used as a public or private parking area, including a
commercial parking lot, shall be developed and maintained in accordance with the following
requirements:
1. Off-street parking spaces may occupy all or part of any required yard or open space, subject
to the provisions of this section; except that no required off-street parking areas shall be
located in any front yard in a residential zoned district.
2. All required off-street parking areas, including any commercial parking lot, of more than five
(5) spaces shall be surfaced with asphalt, concrete, or other similar hard surfaced materials as
approved by the County Engineer so as to provide a durable and dustless parking surface.
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Parking areas shall be graded and drained to dispose of surface water accumulation on the
lot, and shall be arranged and marked to provide for orderly and safe ingress and egress and
storage of vehicles.
3. Any lighting used to illuminate off-street parking areas shall be arranged to reflect light away
from adjacent lots and uses of land.
4. In cases when commercial or other non-residential parking lots adjoin a residential district,
parking areas shall be at least five feet (5’) from the property line and effectively screened by
the use of a fence, hedge, or other similar methods.
5. Where a parking lot does not abut on a public or private street, road, alley or easement of
access, there shall be provided an access drive not less than ten feet (10’) in width in case of
a dwelling, and not less than twenty feet (20’) in width in all other cases leading to the
parking or storage areas required hereunder in such manner as to secure the most appropriate
development of the property in question; provided, however, such easement of access or
access drive shall not be located in any agricultural or residential district, except where
serving a permitted use in an agricultural or residential district.
Section 19.6. OFF STREET LOADING REQUIREMENTS.
At the time of construction, alteration, or enlargement of any building, or part thereof hereafter
erected, having a gross floor area of ten thousand (10,000) square feet or more, which is to be
occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store,
market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the
receipt or distribution by vehicles of material or merchandise, there shall be provided and
maintained on the same lot with such building, at least one (1) permanently maintained off-street
loading space plus one (1) additional loading space for each twenty thousand (20,000) square
feet or major fraction thereof of gross floor area, so used, in excess of ten thousand (10,000)
square feet.
1. Each loading space shall be no less than twelve feet (12’) in width, forty feet (40’) in length.
2. Such loading space may occupy all or any part of any required side or rear yard or open
space, except where adjoining a residential district. If the loading space is adjacent to a
residential district, it shall be set back at least ten feet (10’) and be effectively screened from
view.
3. All loading, unloading and parking must be conducted on private property and cannot be
conducted on the public right-of-way, except for designated or approved delivery, parcel or
moving vehicles intended for temporary parking and unloading. Furthermore, parking of
vehicles or loading and unloading may be allowed on the public right-of-way or any street by
the Board of Adjustment or Board of Supervisors during county-wide or township events,
celebrations, or other special events.
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ARTICLE XX
SIGN REGULATIONS
Article 20: Sign Regulations
Section 20.1.
Section 20.2.
Section 20.3.
Section 20.4.
Section 20.5.
Section 20.6.
Section 20.7.
Section 20.8.
Section 20.9.
Section 20.10.
Section 20.11.
Section 20.12.
Intent
Definitions
Sign Requirements
Billboards and Off-Premise Signs
Special Exceptions
Additional Regulations
General Sign Provisions
Unsafe and Unlawful Signs
Removal of Signs
Exempt Signs
Nonconforming Signs
Sign Permits
These regulations are established to protect the health, safety, general welfare and order within
Clay County through the establishment of comprehensive and uniform sign standards,
regulations and procedures governing the type, number, size, structure, location, height, lighting,
erection, use or display of devices, signs, or symbols serving as a visual communications media.
Sign regulations are intended to encourage opportunity for effective, aesthetically compatible,
and orderly communication by reducing confusion and hazards resulting from unnecessary or
indiscriminate use of signs. Hereafter no sign shall be erected, constructed, altered, or modified
except as regulated by the provisions of this Article.
For use in this article, the following terms are defined.
20.2.1 AWNING: A device made of cloth, metal, or other material affixed to and projecting
from a building in such a manner that the device is either permanently fixed or so erected
as to allow it to be raised or retracted and return to a flat position against the building
when not in use.
20.2.2 BILLBOARD: As used in this ordinance shall include all structures, regardless of the
material used in the construction of the same that are erected, maintained or used for
public display of posters, painted signs, wall signs, whether the structure be placed on the
wall or painted on the wall itself, pictures or other pictorial reading material which
advertise a business or attraction which is not carried on, manufactured, grown or sold on
the premises which said signs or billboards are located.
20.2.3 ERECT: To build, construct, attach, hang, suspend or affix, and shall also include the
painting of wall signs.
20.2.4 FACING (or SURFACE): The surface of the sign upon; against or through which the
message is displayed or illustrated on the sign.
20.2.5 INCOMBUSTIBLE MATERIAL: Material that will not ignite at or below a temperature
of 120 degrees Fahrenheit and will not continue to burn or glow at that temperature.
20.2.6 PERSON: Any one being, firm, partnership, association, corporation, company or
organization of any kind.
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20.2.7 SIGN: An identification, description, illustration, or device which is affixed to or
represented directly or indirectly upon a building, structure or land and which directs
attention to a product, place, activity, person, institution or business, and are visible to the
general public.
a. ABANDONED SIGN: A sign which no longer correctly directs any person, advertises a
business, lessor, owner, product, or activity.
b. ADDRESS SIGN: A sign communicating street address only, whether written or in
numerical form.
c. AWNING SIGN: A sign consisting of either an operating or permanently affixed awning
containing letters, graphics, pictures, or other images which portray the business or other
advertising of the establishment in which it is attached to. Awning signs shall not encroach
more than four (4) feet out in front of a building, but shall meet all other size requirements
addressed in this chapter. Permanent awnings may be lighted (from the backside); however,
awning signs shall not have any flashing, strobe, or otherwise intermittent light emitting
from the awning sign.
d. CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person running for a
governmental office, or promoting an issue to be voted upon at a governmental election.
e. CONSTRUCTION SIGN: A sign placed at construction site identifying the project or the
name of the architect, engineer, contractor, financier or other involved parties.
f. DIRECTIONAL SIGN: A sign erected on public or private property which bears the
address and name of a business, institution, church, or other use or activity plus directional
arrows or information on location.
g. FLASHING SIGN: Any illuminated sign that has artificial light or color which is not
maintained at a constant intensity or color when such sign is in use. A sign providing public
service information, such as time, weather, date, temperature or similar information, shall
not be considered a flashing sign.
h. FREE STANDING SIGN: Any sign or sign structure, not securely attached to the
ground or to any other structure. This shall not include trailer signs as defined in this
section
i. GOVERNMENTAL SIGN: A sign which is erected by a governmental unit.
j. ILLUMINATED SIGN: Any sign which has character, letters, figures, designs or outline
illuminated by electric lights or luminous tubes as a part of the sign proper.
k. INFORMATION SIGN: Any sign giving information to employees, visitors or delivery
vehicles, but containing no advertising or identification.
l. JOINT IDENTIFICATION SIGN: A free-standing sign which identifies a subdivision, a
multiple residential complex consisting of three (3) or more structures, a shopping center
consisting of three (3) or more separate business concerns, an industrial area, an office
complex consisting of three (3) or more structures or any combination of the above.
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m. NON-CONFORMING SIGN: A sign which lawfully existed at the time of the passage of
this Ordinance or amendments thereto but which does not conform to the regulation of this
ordinance.
n. POLE SIGN: Any sign which is supported by structures or supports in or upon the
ground and independent of support from any building.
o. PORTABLE SIGN: Any sign not permanently attached to a building, structure, or the
ground, capable of being moved at periodic intervals.
p. PROJECTING SIGN: A sign, other than a wall sign, which projects perpendicular to the
wall surface of a building or structure, and is supported by a wall of the building or
structure.
q. REAL ESTATE SIGN: A business sign placed upon a property advertising that particular
property for sale, for lease or for rent.
r. ROOF SIGN: A sign erected upon or above a roof or parapet of a building or structure.
s. SWINGING SIGN: A sign installed on an arm or spar that is not, in addition,
permanently fastened to an adjacent wall or upright pole.
t. TRAILER SIGN: Any sign mounted on a vehicle normally licensed by the State of Iowa
as a trailer and used for advertising or promotional purposes.
u. WALL SIGN: All flat signs of solid face construction placed against a building or other
structure and attached to the exterior front, rear or side wall of any building or other
structure. Such signs may extend no more than twelve (12) inches from the surface of the
building or structure to which they are attached. Wall signs are also known as "flush
mounted signs".
20.2.8 SIGN AREA: The surface area of a sign shall be computed as including the entire area
within a regular geometric form or combination of such forms comprising all of the
display area of the sign and including all of the elements of the matter displayed. Frames
and structural members not bearing advertising matter shall not be included in
computation of surface area.
20.2.9 SIGN STRUCTURE: The supports, uprights, bracing and framework for a sign including
the sign area.
20.2.10 STREET LINE (or PROPERTY LINE): The place where the street right of way line
begins and the private property line ends.
20.2.11 STRUCTURAL TRIM: The molding, battens, cappings, nailing strips, latticing and
platforms that are attached to the sign structure.
20.2.12 TEMPORARY SIGN: Any sign erected or displayed for a specified period of time.
Section 20.3. SIGN REQUIREMENTS.
Signs and billboards in conjunction with principal permitted non-agricultural uses are allowed
subject to the following regulations:
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1. All Residential(R-1 through R-5) and Floodplain Conservation (A-2) Districts.
a. Home occupation signs are allowed subject to the requirements in Section 17.4.
b. Signs, for non-residential businesses located in residential areas, shall be limited to no
more than forty (40) square feet on one (1) free standing sign not to exceed a height of six
(6) feet from the ground to the top of the sign. One (1) additional wall mounted sign not
to exceed six (6) square feet is also permitted for non-residential businesses.
c. Prohibited signs:
1. Any flashing, revolving, rotating, or motion signs
d. Permitted sign types:
1. Address sign
2. Real Estate sign
3. Government sign
4. Campaign sign
5. Directional sign
6. Wall sign
7. Pole sign
8. Portable (or temporary) sign
9. Informational sign
10. Construction Signs
2. Agriculture (A-1), General Commercial (C) and all Industrial (I-1 and I-2) Districts.
a. All signs shall be limited to:
(i) Identifying uses conducted on the property
(ii) Identifying the commercial enterprise by name or symbol
(iii) Necessary for directional purposes
(iv) Used to advertise the sale or lease of real property on buildings on which displayed
b. Exterior signs located on the street frontages of principal buildings referring only to a use
or uses located within the building and attached or integral thereto, provided that:
(i) Such signs shall not have an aggregate surface area in excess of twenty-five (25)
percent of the total surface area of the building elevation to which they are attached;
(ii) Signs which project out from the building more than eighteen (18) inches must be at
least twelve (12) feet above grade and may project a maximum of six (6) feet; and
(iii) No sign shall project more than four (4) feet above the roof line or parapet when one
exists.
c. One (1) free standing or post sign referring only to a use or uses conducted on the
premises may be erected in any yard abutting a public street, provided that:
(i) Such signs shall not have a surface area in excess of forty (40) square feet on any one
(1) side and that not more than two (2) sides of such signs shall be used for
advertising purposes; and
(ii) The bottom of the surface area of such signs shall not be less than twelve (12) feet
above grade.
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d. All signs shall be fixed and shall not be audible. No intermittent flashing-type signs are
permitted and no sign or illumination shall be revolving or animated, except for scrolling
marquee or digital signs. No signs shall have moving parts including devices set in
motion by movement of air.
e. Signs may extend up to fifteen (15) feet above the roof line or parapet where one exists.
f. Bulletin boards and signs pertaining to the use of the premises or to the lease, hire or sale
of building or premises, or signs pertaining to any material that is mined, grown, or
treated within the district, are permitted provided that such signs shall not exceed sixteen
(16) square feet in area.
g. Permitted sign types:
1. Real Estate sign
2. Government sign
3. Address sign
4. Campaign sign
5. Directional sign
6. Roof sign
7. Informational sign
8. Illuminated sign
9. Joint Identification sign
10. Wall sign
11. Pole sign
12. Freestanding sign
13. Portable (or temporary) sign
14. Projecting sign (not to encroach in the R.O.W.)
15. Swinging sign (not in encroach in the R.O.W.)
16. Awning sign
17. Construction sign
18. Portable (or Temporary) sign (so long as they do not impede upon the use of a public
road or street or right-of-way)
Section 20.4. BILLBOARDS AND OFF-PREMISE SIGNS.
1. Billboards and all other off-premise outdoor advertising signs are limited to three hundred
(300) square feet, and must not impair sight distance or create a traffic hazard.
2. Off-premise outdoor advertising signs and billboards shall comply with all state and federal
regulations.
3. Billboard and off-premise outdoor advertising signs are not permitted in any residential
zoning district.
4. No sign or billboard which faces any public parkway, public square or entrance to any public
park, public or parochial school, churches or cemetery or similar institution shall be
permitted within three hundred (300) feet thereof;
5. Where the total contiguous area of the commercial district in which the sign or billboard is to
be located is less than ten (10) acres in area, exclusive of streets and alleys, prior
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recommendation must be obtained from the Planning and Zoning Commission and approval
granted by the Board of Supervisors; and
6. No billboard or other off-premise outdoor advertising signs shall be permitted within 1,000
feet of another billboard or off-premise outdoor advertising sign.
Section 20.5. SPECIAL EXCEPTIONS.
Any sign type may be granted special exception status after review by the Board of Adjustment
and subject to any conditions deemed by the Board to be appropriate.
Section 20.6. ADDITIONAL SIGN REGULATIONS.
In all districts, signs and billboards shall adhere to pertinent state regulations and other local
ordinances.
Section 20.7. GENERAL SIGN PROVISIONS.
The following signs are allowed with a permit and shall comply with all other applicable
provisions of this ordinance.
1. Ground Signs and/or Pole Signs. All letters, figures, characters or representations in cut-out
or irregular form, maintained in conjunction with, attached to, or superimposed upon any
sign shall be safely and securely built or attached to the sign structure. All ground signs and
the premises surrounding the sign structure shall be maintained by the owner thereof in a
clean, sanitary and inoffensive condition, and free of obnoxious rubbish and weeds.
2. Wall Signs: No wall sign shall cover wholly or partially any wall opening, nor project
beyond the ends of the wall to which it is attached.
3. Free Standing Signs: Free standing signs will be permitted if they do not block the view of
oncoming traffic, conform to the Iowa Department of Transportation regulations, and are not
located within any public right-of-way.
4. Bulletin Board, Sale and Construction Signs: In all zoning districts, one temporary bulletin
board or sign not to exceed fifty (50) square feet in area pertaining to construction, lease, hire
or sale of a building, premises or subdivision lots; which sign shall refer to property on which
the sign is located, and shall be removed as soon as the premises are sold or leased or
construction completed;
5. Signs not to Constitute Traffic Hazards: No sign or advertising structure permitted by this
ordinance shall be erected at the intersection of any streets in such a manner as to obstruct free
and clear vision; or at any location where, by reason of the position, shape or color, it may
interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or
device; or which makes use of the words, "STOP", "LOOK", "DRIVE-IN", "DANGER" or any
other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse
traffic. No sign or other advertising structure as regulated by this ordinance shall have posts,
guides or supports located within any street or alley.
6. Interference: No sign, nor any guys, stay or attachment thereto shall be erected, placed or
maintained by any person on rocks, fences, or trees; nor in such a manner as to interfere with
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the effective use of fire fighting equipment or personnel, or any electric light, power,
telephone, telegraph or TV cable wires or supports thereof.
7. Signs in Right-of Way: No signs other than government signs shall be erected or temporarily
placed within any public rights-of-way, except as may be specifically provided herein.
8. Safe Ingress and Egress: No sign or part thereof shall be erected or maintained so as to
prevent or deter free ingress and egress from any door, window, or fire escape. No sign or
sign structure shall be attached to a standpipe or fire escape.
9. Signs Required by Law: All signs required by law shall be permitted in all districts.
10. Back to Back Signs: If a free-standing sign or sign structure is constructed so that the faces
are not back to back, the angle shall not exceed thirty degrees. If the angle is greater than
thirty degrees, the total area of both sides added together shall be the calculated sign area.
Back to back signs (when less than thirty degrees) shall be considered as one sign when
debited against the total number of signs permitted on one zoning lot.
11. Illumination: All externally illuminated signs shall be constructed so as to direct the source of
light away from adjacent properties or public streets.
12. Animated Signs: Animated signs, including scrolling marquee signs, electronic message
boards, and digital screen signs may be allowed as a special exception requiring a hearing
before the Board of Adjustment.
Section 20.8. UNSAFE AND UNLAWFUL SIGNS.
All signs and sign structures, including billboards, shall be properly maintained and kept in a
safe, orderly condition. Signs shall also maintain a neat and orderly appearance in which the sign
is easily read. Additionally, all parts and supports shall be properly painted. Any sign or sign
structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered, shall be repainted,
repaired, or replaced by the property owner or agent of the owner of the property upon which the
sign is located, after written notice by Clay County. Such notice shall include a statement
explaining alleged violations and deficiencies, an order to repair or remove said sign and an
explanation of the consequences of failure to comply with said order. If the permit holder fails to
remove or alter said sign to comply with the order, said sign or other advertising structure may
be removed or altered to comply by the zoning administrator at the expense of the permit holder,
or owner of the property on which it is located. The permit holder may appeal the order of the
zoning administrator to the Board of Adjustment and, if such an appeal is on file, the compliance
period shall be extended until following the board’s decision on the matter. If, however, the
zoning administrator finds that any sign or other advertising structure poses an immediate threat
to the health or safety of any person, the removal of such sign may be summarily ordered without
notice to the permit holder.
Section 20.9. REMOVAL OF SIGNS.
Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a
product sold, shall be taken down and removed by the owner, agent or person having the beneficial
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use of the building or structure upon which such sign may be found within ninety (90) days from
date of notice provided by Clay County. The owner of the property on which the sign is located
shall have ninety (90) days from date of notice to remove any such sign. If after the expiration of
the ninety (90) day period, the sign has not been removed, the county may cause the sign to be
removed and any expenses may be charged back to the property owner.
Section 20.10. EXEMPT SIGNS.
The provisions and regulations of this ordinance shall not apply to the following signs, provided
however, said signs shall comply with all other applicable provisions of this ordinance.
1. Government Signs: Signs of a public, non-commercial nature to include safety signs, danger
signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest,
memorial plaques and the like, when signs are erected by or on order of a public officer or
employee in the performance of official duty.
2. Directory Signs: A wall sign which identifies the business, owners, manager, or resident
occupant and sets forth the occupation or other address information but contains no
advertising. There may be one directory sign per zoning lot not to exceed two (2) square feet
of area per business or resident occupant.
3. Parking Signs (on site): On-site directional and parking signs intended to facilitate the
movement of vehicles and pedestrians upon which the sign is located. Such signs shall not
exceed six (6) square feet of area.
4. Address Signs: Signs not exceeding one (1) square foot in area and bearing only property
numbers, post box numbers, names of occupants of the premises or other identification of
premises not having commercial connotations.
5. Flags or Insignia: of any government except when displayed in connection with commercial
promotion.
6. Legal Notices: Identification, informational, or directional signs intended to provide the
general public information;
7. Integral Signs: Integral decorative or architectural features of buildings, except letters,
trademarks, moving parts, or moving lights. Name of buildings, date of construction,
commemorative tablets and the like, which are of the building or structure.
8. Traffic Signs: Signs directing and guiding traffic and parking on private property, but bearing
no advertising matter.
9. Political Signs: are allowed as per Section 306C.22, Code of Iowa.
10. Construction Signs: A non-illuminated sign announcing the names of architects, engineers,
contractors, future use, and other individuals or firms involved with the construction,
alteration, or repair of such building (but not including any advertisement of any product).
Such signs shall be confined to the site of the construction, alteration or repair. One (1) sign
shall be permitted for each major street the project abuts.
11. Real Estate Signs (on-site): Any on-site sign announcing the owner, manager, realtor or
other person directly involved in the sale or rental of the property.
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Section 20.11. NONCONFORMING SIGNS.
Nonconforming signs shall be brought to compliance upon change of ownership or occupancy.
Section 20.12. SIGN PERMITS.
1. Permits Required. It shall be unlawful for any person to erect, repair, alter, relocate, construct,
modify or maintain within Clay County any sign or other advertising structure as defined in this
ordinance, without first receiving a valid sign permit from the zoning administrator and making
payment of the sign permit fee.
2. Sign Permit Application. Application for sign permits shall be provided by the zoning
administrator and shall have attached thereto the following information:
a. Name, address and telephone number of the applicant.
b. Location of building, structure or lot to which or upon which the sign or other advertising
structure is to be attached or erected.
c. Position of the sign or other advertising structure in relation to nearby buildings or
structures.
d. Name of person, firm, corporation or association erecting such sign and/or sign structure.
f. Written consent of the owner of the building, structure or land on which the sign or sign
structure is to be erected.
g. Such other information as may be deemed necessary for the proper enforcement of this
ordinance.
3. Permit Issued. It shall be the duty of the zoning administrator upon review of a sign permit to
examine such plans and specifications, other data, and the premises upon which it is proposed to
erect the sign or other advertising structure. If it appears the proposed structure is in compliance
with all the requirements of this ordinance and all other ordinances of Clay County, Iowa, the
sign permit shall be issued. If the work authorized under a sign permit has not been completed
within one (1) year after date of issuance, said sign permit shall be null and void.
4. Permit Fees. The applicant shall pay to the County Treasurer a fee in the amount established
by resolution of the Board of Supervisors.
5. Revocation of Permit. Any permit holder who fails to comply with a valid order of the zoning
administrator within the allotted time, or who fails to pay reasonable removal or repair expenses
shall have the sign permit revoked. Another sign permit for the erection or maintenance of such
sign or signs shall not be issued to the permit holder for a period of one (1) year from the date of
revocation.
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ARTICLE XXI
NONCONFORMING USES
Article 21: Nonconforming Uses
Section 21.1
Section 21.2
Section 21.3.
Section 21.4.
Section 21.5
Section 21.6
Section 21.7
Intent
Nonconforming Uses of Land
Nonconforming Structures in Any “R” or “A” Districts
Nonconforming Structures in Any “C” or “I” Districts
Replacing Damaged Buildings
Uses Under Exception Provisions Not Nonconforming Uses
Change of Tenancy or Ownership
It is the intent of this ordinance to permit legal nonconforming lots, structures or uses to continue
until they are removed but not to encourage their continuance. Within the various districts
established by this ordinance or subsequent amendments that may later be adopted there exists
lots, structures and uses of land and structures which were lawful prior to the adoption of this
ordinance but which would be prohibited, regulated, or restricted under the provisions of the
ordinance or future amendments. Such uses are declared by this ordinance to be incompatible
with permitted uses in the districts involved. It is further the intent of this ordinance that such
nonconformities shall not be enlarged upon, expanded or extended; nor be used as grounds for
adding other structures or uses prohibited elsewhere in the same district.
To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the
plans, construction or designated use of any building on which actual construction was lawfully
begun prior to the effective date of adoption or amendment of this ordinance and upon which
actual building construction has been diligently carried on. Actual construction is hereby defined
to include the placing of construction materials in permanent position and fastened in a
permanent manner; except that where demolition or removal of existing building has been
substantially begun prior to rebuilding such demolition or removal shall be deemed to be actual
construction, providing that work shall be diligently carried on until completion of the building
involved.
A nonconforming uses of a structure, a nonconforming use of land, or a nonconforming use of a
structure and land in combination shall not be extended or enlarged after passage of this
ordinance by attachment on a building or premises of additional signs intended to be seen from
off the premises, or by addition of other uses of a nature which would not be permitted generally
in the district involved.
Section 21.2. NONCONFORMING USES OF LAND.
Within the various district established by this ordinance or amendments that may later be
adopted there exists structures and uses of land which was lawful prior to the adoption of this
ordinance but which would be prohibited, regulated, or restricted under provisions of this
ordinance. It is the intent of this ordinance to permit these non-conformities to continue until
they are removed, but not to encourage their continuance. Such uses may be continued, so long
as they remain otherwise lawful, subject to the following provisions:
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1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater
area of land than was occupied at the effective date of adoption or amendment of this
ordinance.
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot
or parcel occupied by such use at the effective date of adoption or amendment of this
ordinance.
3. If such nonconforming use of land ceases for any reason for a period of more than six (6)
months, any subsequent use of such land shall conform to the regulations specified by this
ordinance for the district in which such land is located.
Section 21.3. NONCONFORMING STRUCTURES IN ANY “R” or “A” DISTRICTS.
Where a lawful structure exists at the effective date of adoption or amendment of this ordinance
that could not be built under the terms of this ordinance by reason of restrictions on area, lot
coverage, height, yards or other characteristics of the structure or its location on the lot, such
structure may be continued so long as it remains otherwise lawful, subject to the following
provisions:
1. No existing structure or premises devoted to a use not permitted by this ordinance in the
district in which such structure or premises is located, except when required by law, shall be
enlarged, extended, reconstructed, substituted or structurally altered in any way which
increases its nonconformity; unless the use thereof is changed to a use permitted in the
district in which such structure or premises is located.
2. Should such structure be destroyed by any means to an extent of more than fifty (50) percent
of its replacement costs, exclusive of the foundation, it shall be reconstructed only in
conformity with the provisions of this ordinance.
3. Should such structure be moved for any reason for any distance whatever, it shall thereafter
conform to the regulations for the district in which it is located after it is moved.
4. Substitution. If no structural alterations are made, a nonconforming use of a structure may be
changed to another nonconforming use of the same or more restrictive classification.
Whenever a nonconforming use has been changed to more restrictive use or to a conforming
use, such use shall not hereafter be changed to a less restrictive use.
5. Discontinuance. In the event that a non-conforming use of any building or structure or
premises is discontinued for a period of one (1) year, the use of the same shall conform
thereafter to the uses permitted in the district in which it is located.
6. Where nonconforming use status applies to the land, structures or both, removal or
destruction of the structure shall eliminate the nonconforming status of the land; and any
subsequent new or reconstruction shall therefore be conforming to the district regulations.
Section 21.4. NONCONFORMING STRUCTURES IN ANY “C” or “I” DISTRICTS.
The regulations described in Section 21.3 above shall apply to this section with the exception
that any building in districts other than an “A” or “R” districts devoted to a use made nonconforming by this ordinance may be structurally altered or enlarged in conformity with the lot
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area, lot width, yard and height requirements of the district in which situated, provided such
construction shall be limited to buildings on land owned of record by the owner of the land
devoted to the non-conforming use prior to the effective date of this ordinance. In the event of
such structural alteration or enlargement of structures, the premises involved may not be used or
any non-conforming use other than the use existing on the effective date of this ordinance, other
provisions of this ordinance notwithstanding.
Section 21.5. REPLACING DAMAGED BUILDINGS.
Any non-conforming building or structure, in whole or in part, damaged more than fifty percent
(50%) of its replacement value exclusive of the foundations at the time of damage by fire, flood,
explosion, war, riot or Act of God shall not be restored or reconstructed and used as before such
happening. However, if less than fifty percent (50%) is damaged above the foundation, it may be
restored, reconstructed, or used as before provided that such reconstruction or repairs begins
within one (1) year of such happening.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by an official charged with
protecting the public safety upon orders of such official.
Section 21.6. USES UNDER EXCEPTION PROVISIONS NOT NONCONFORMING USES.
Any use for which a special exception is permitted as provided in this ordinance shall not be
deemed a nonconforming use, but shall without further action, be deemed a conforming use in
such district. Any expansion of a special exception use shall be met with the approval of the
Board of Adjustment.
Section 21.7. CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership, or management of any existing nonconforming
uses of land, of structures, or of structures and land in combination.
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ARTICLE XXII
ZONING ADMINISTRATION AND ENFORCEMENT
Article 22: Zoning Administration and Enforcement
Section 22.1
Section 22.2.
Section 22.3
Section 22.4.
Section 22.5.
Section 22.6.
Section 22.7
Section 22.8
Section 22.9
Zoning Administrator
Zoning Compliance
Application for a Zoning Compliance Permit
Site Plans
Construction and Use to be Provided in Application, Plans & Permit
Fees
Special Exceptions
Administrative Appeals
Section 22.1. ZONING ADMINISTRATOR.
The Clay County Board of Supervisors shall appoint or confirm a zoning administrator and it
shall be the duty of said administrator to enforce this ordinance. Such zoning administrator may
be a person holding other appointive office in the county or another governmental agency.
Section 22.2. ZONING COMPLIANCE.
If the zoning administrator shall find that any of the provisions of this ordinance are being
violated, they shall notify in writing the person responsible for such violations indicating the
nature of the violation and ordering the action necessary to correct it. The zoning administrator
shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal
buildings or structures or of additions, alterations or structural changes thereto; discontinuance of
any illegal work being done, or shall take any other action authorized by this ordinance to insure
compliance with or to prevent violation of its provisions.
No land shall be occupied or used, and no building or other structures hereafter erected, moved,
constructed, reconstructed, added to, placed, or structurally altered shall be occupied or used in
whole or in part for any purpose whatsoever until a permit is issued by the zoning administrator,
stating that the building and use comply with the provisions of this ordinance. Zoning permits
shall be issued in conformance with the provisions of this ordinance, or upon written order from
the Board of Adjustment, but shall be null and void if the purpose for which the permit is issued
is not commenced within one (1) year from date of issuance. No zoning compliance shall be
required for the construction, reconstruction, alterations, remodeling, or expansion of buildings
and uses customarily associated with the pursuit of agricultural enterprises in Clay County.
Section 22.4. APPLICATION FOR ZONING COMPLIANCE PERMIT.
Zoning compliance permits shall be obtained from the zoning administrator before starting or
proceeding with the erection, construction, moving into, placing, locating or the structural
alteration of a building or structure, including billboards. Permits shall be kept on file in the
office of the zoning administrator, and copies shall be furnished on request to any person having
a proprietary or tenancy interest in the building(s) affected. Zoning compliance permits shall be
issued to complying applicants within seven (7) days after application is made, unless additional
information is required or additional procedures are necessary prior to approval.
Section 22.5. SITE PLANS.
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Each application for a zoning compliance permit, involving new construction of a building or
structure, shall be accompanied by a site plan prepared in accordance with Article XVII, Site
Plans. This shall include sketches of the proposed water supply and sewage disposal systems
which would conform to the Iowa Code. In the case of moving an existing building, the
application shall be accompanied by photos of the structure to be moved.
Section 22.6. CONSTRUCTION & USE AS PROVIDED IN APPLICATION, PLANS & PERMIT.
Zoning compliance permits issued on the basis of plans and specifications, approved by the
zoning administrator, shall authorize only that use, arrangement and construction. Use,
arrangement and construction at variance with that authorized by permit shall be deemed a
violation of this ordinance and punishable as provided by Article XXIII, Violation and Penalty.
Section 22.7. FEES.
At the time of application for a zoning compliance permit the owner or their agent shall pay to
the County Treasurer the permit fee as established by resolution of the Clay County Board of
Supervisors. Any city, county, state and federal governments or other tax levying agencies shall
be exempt from paying scheduled fees. If application for a zoning compliance permit is made
after starting construction, erection, moving in, or structurally altering a building or structure, the
fee for said permit shall be equal to two (2) times the amount provided in the fee schedule. If
application for a zoning compliance permit is made after completion of construction, erection,
moving in, or structurally altering any building or structure the fee for said permit shall be five
(5) times the amount provided in the fee schedule. This permit fee shall be in addition to any
penalty imposed under Article XXIII, Violation and Penalty, of this ordinance.
Section 22.8. SPECIAL EXCEPTIONS.
A zoning compliance permit for a special exception may be issued by the zoning administrator
after review by the Planning and Zoning Commission, if required, and upon order of the Board
of Adjustment.
Section 22.9. ADMINISTRATIVE APPEALS.
This procedure is intended to afford review of administrative actions taken pursuant to the
zoning ordinance where such actions may be in error.
1. Appeals: An appeal of an administrative decision may be made to the Board of Adjustment
by any person aggrieved, or by any officer, department, or board of the county affected by
any decision or ruling of the zoning administrator. Such notice of appeal shall be filed, within
30 days of the decision being appealed, with the zoning administrator or the Chairperson of
the Board of Adjustment, of which such appeal shall specify the grounds thereof. The zoning
administrator shall forthwith transmit to the board all papers constituting the record upon
which the action being appealed was taken.
2. Stay of Proceedings: An appeal from the action of the zoning administrator shall stay all
proceedings in furtherance of such action unless the zoning administrator certifies to the
Board of Adjustment that by reason of the facts stated a stay would cause imminent peril to
life or property. In the event the zoning administrator shall make such determination, the
action shall not be stayed other than by a restraining order that may be granted by the Board
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of Adjustment or a court of record upon application of the party aggrieved by the action of
the zoning administrator.
3. Action: The Board of Adjustment shall act on any appeal within 30 days following the
closing of a public hearing. In exercising the powers set out in this section, the Board of
Adjustment may, in conformity with the provisions of this ordinance, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or determination appealed
from, and may take such order, requirement, decision, or determination as ought to be made,
and to that end shall have all the powers of the zoning administrator from whose action the
appeal was taken. The board shall notify the appellant of its decision by mail. The concurring
vote of three members of the Board of Adjustment shall be necessary to reverse any order,
requirement, decision, or determination of the zoning administrator, or to decide in favor of
the applicant upon any matter which it is required to pass under these provisions.
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ARTICLE XXIII
VIOLATION AND PENALTY
Article 23: Zoning Administration and Enforcement
Section 23.1
Section 23.2.
Violation and Penalty
Restraining Order
Section 23.1. VIOLATION AND PENALTY.
Unless provided elsewhere in this ordinance or other county ordinances, any person failing to
perform a duty, obtain a zoning compliance permit, or violating the Clay County Zoning
Ordinance, or any rule or regulation adopted by reference shall be guilty of a county infraction.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or resists enforcement of this ordinance, with the exception of those provisions specifically
provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor; or
a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a county
infraction and punishable by civil penalty as provided herein (Code of Iowa, Sec. 331.307[3]).
A county infraction in Clay County, Iowa is punishable under the following civil penalties:
(Code of Iowa, Sec. 331.307[1])
1. First offense – not less than $100 and not to exceed $750.00, plus court costs
2. Second and repeat offenses – not less than $100 and not to exceed $1,000.00, plus
court costs; or imprisonment of not more than thirty
(30) days
The criminal penalty surcharge imposed by the Code of Iowa (Code of Iowa, Sec. 911.2) shall be
added to the fine and is not a part of any fine imposed by the county. Each day that a violation is
permitted to exist constitutes a separate offense.
Section 23.2. RESTRAINING ORDER.
In case any building or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure or land is used in violation of this ordinance,
the County Attorney, in addition to other remedies, may institute any proper action or proceed in
the name of Clay County, Iowa, to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to
prevent any illegal act, conduct, business or use in or about said premises.
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ARTICLE XXIV
Board of Adjustment
Article 24: Board of Adjustment
Section 24.1.
Section 24.2.
Section 24.3.
Section 24.4.
Section 24.5.
Section 24.6.
Section 24.7.
Section 24.8.
Confirmation of Board of Adjustment
Membership, Term of Office and Removal
Proceedings of the Board of Adjustment
Appeals to the Board
Powers and Duties
Variances
Decisions of the Board of Adjustment
Appeals from the Board of Adjustment
Section 24.1. CONFIRMATION OF BOARD OF ADJUSTMENT.
The Clay County Board of Supervisors shall provide for the appointment and confirmation of the
Board of Adjustment. Pursuant to the authority of this ordinance, the Board of Adjustment may
in appropriate cases and subject to appropriate conditions and safeguards make special
exceptions to the terms of the ordinances in harmony with its general purpose and intent and in
accordance with general or specific rules therein contained and provide that any property owner
aggrieved by the action of the Board of Supervisors in the adoption of such regulations and
restrictions may petition the said board of adjustment direct to modify regulations and
restrictions as applied to such property owners. The members of the Board of Adjustment, as
created and established under applicable provisions of the Iowa statutes, are hereby confirmed to
their appointed terms of office. (Code of Iowa, Sec.335.10)
Section 24.2. MEMBERSHIP, TERM OF OFFICE AND REMOVAL.
The board shall consist of five (5) members, a majority of whom shall reside within the county
but outside the corporate limits of any city, each to be appointed by the Board of Supervisors for
a term of five (5) years. When the board is first created, one member shall be appointed for a
term of five (5) years, one for a term of four (4) years, one for a term of three (3) years, one for a
term of two (2) years and one for a term of one (1) year. A majority of the members of the Board
of Adjustment shall be persons representing the public at large and should not be involved in the
business of purchasing or selling real estate. Members of the Board of Adjustment may be
removed from office by the Board of Supervisors for cause upon written charges and after a
public hearing. Vacancies shall be filled by the Board of Supervisors for the unexpired term of
the member resigning, removed or death. (Code of Iowa, Sec.335.11)
Section 24.3. PROCEEDINGS OF THE BOARD OF ADJUSTMENT.
The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping
with the provisions of any regulation or ordinance pursuant to Chapter 335 of the Iowa Code.
Meetings shall be held at the call of the chairperson, the zoning administrator and at such other
times as the Board may determine. The chairperson, or in his/her absence the acting chairperson,
may administer oaths and compel attendance of witnesses. All meetings shall be open to the
public. The zoning administrator may be an ex-officio member and act as secretary for the Board
of Adjustment. The Board of Adjustment shall keep minutes of its proceedings showing the vote
of each member upon each question, or if absent or failing to vote indicating such fact, and shall
keep records of its examination and other official actions all of which shall be public record and
filed in the office of the zoning administrator. The presence of three (3) members of the board
shall constitute a quorum. A five (5) member board shall not carry out its business without
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having at least three (3) members present. The concurring vote of three (3) members of the board
shall be necessary to reverse any order, requirement, decision, or determination of the zoning
administrator, or to decide in favor of the applicant on any matter upon which it is required to
pass or to effect any variation in application of this ordinance.
(Code of Iowa, Sec.335.12 & 335.17)
Section 24.4. APPEALS TO THE BOARD.
Appeals to the Board of Adjustment concerning the interpretation or administration of this
ordinance may be made by any person aggrieved or by any officer or bureau of Clay County
affected by a decision of the zoning administrator. Such appeal shall be made within a reasonable
time, not more than thirty (30) days of the issuance or denial of the permit, by filing with the
zoning administrator and with the Board of Adjustment a notice of appeal specifying the grounds
thereof. The zoning administrator shall forthwith transmit to the board all papers constituting the
record upon which the appeal was made. The Board of Adjustment shall fix a reasonable time for
the hearing of appeal, give public notices thereof, as well as due notice to the parties of interest,
and decide the same within a reasonable time. At the hearing any party may appear in person, by
agent or attorney. A fee to be determined by resolution of the Board of Supervisors shall be paid
at the time the notice of appeal is filed. (Code of Iowa, Sec.335.13)
Section 24.5. POWERS AND DUTIES.
The Board of Adjustment shall have the following powers and duties:
1. Administrative Appeal: To hear and decide appeals where it is alleged that there is error in
any order, requirement, decision, or determination made by the zoning administrator in the
enforcement of this ordinance or of any ordinance adopted pursuant thereto.
2. Interpretation of Zoning Map: Where the application of the rules for interpretation of the
district boundaries leaves a reasonable doubt to the boundary between two zoning districts
the Board of Adjustment shall interpret the map in such a way as to carry out the intent and
purposes of this ordinance.
3. Special Exceptions: To hear and decide special exception requests as the Board of
Adjustment is specifically authorized to pass on by the terms of this ordinance, and as
provided for in Article XXV of this ordinance.
4. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this
ordinance as will not be contrary to the public interest where, owing to the special conditions
a literal enforcement of the provisions of this ordinance would result in unnecessary
hardship, and so that the spirit of the ordinance shall be observed and substantial justice
done.
(Code of Iowa, Sec.335.15)
Section 24.6. VARIANCES.
A variance from the terms of this ordinance shall not be granted by the Board of Adjustment
unless and until:
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1. An application for the variance shall be filed in writing with the zoning administrator. Said
application shall include the following:
a. Name and address of the owner and applicant.
b. Address and legal description of the property.
c. If the applicant is not the legal owner of the property, a statement that the applicant is the
authorized agent of the owner.
d. A statement describing the variance requested and the reasons why it complies with the
criteria for variances provided in this section.
e. A form which shows the names and current addresses of the owners of all property within
500 feet of the property for which the variance is requested.
f. A site plan, as prepared in accordance with Article XVIII.
2. The zoning administrator may request additional information necessary to enable a complete
analysis and evaluation of the variance request, and a determination as to whether the
circumstances prescribed for the granting of a variance exist.
3. Under no circumstances shall the Board of Adjustment grant a variance to allow for the use
not permissible under the terms of this ordinance in the zoning district involved, or any use
expressly or by implication prohibited by the terms of this ordinance in the zoning district.
4. The Board of Adjustment shall schedule and conduct at least one (1) public hearing on the
proposed variance request. Notice of the public hearing shall be given to those property
owners by ordinary mail to the last known addresses of those to be thus notified by
depositing such notice with sufficient postage in the United States mail no less than seven (7)
days and no more than twenty (20) days prior to the public hearing. An affidavit of mailing
shall be obtained for each notice mailed. Notice shall be given to the public by publication in
the official county newspaper(s) no less than seven (7) and no more than twenty (20) days
prior to the public hearing.
5. The public hearing shall be held. Any party may appear in person or by agent or attorney.
6. No variance that has been denied wholly or in part by the Board of Adjustment shall be
resubmitted for a period of one (1) year from the date of denial, except on the grounds of new
evidence or proof of change of conditions found to be valid by the Board of Adjustment.
7. The Board of Adjustment shall grant a variance if it makes affirmative findings of fact on
each and all of the following criteria.
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or buildings
in the same district;
b. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of
this ordinance;
c. That special conditions and circumstances do not result from the actions of the applicant;
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d. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, structures, or buildings in the same district.
No nonconforming use of neighboring lands, structures or buildings in other districts
shall be considered grounds for the issuance of a variance.
8. The Board of Adjustment shall further make a finding that the reasons set forth in the
application justify the granting of the variance and that the variance is the minimum variance
that will make possible the reasonable use of the land, building or structure.
9. The Board of Adjustment shall further make a finding that the granting of the variance will
be in harmony with the general purpose and intent of this ordinance, and will not be injurious
to the neighborhood, or otherwise detrimental to the public welfare.
10. The application for a variance shall be accompanied by a fee to be determined by resolution
of County Board of Supervisors.
11. Additional Variance Conditions: In granting any variance, the Board of Adjustment may
prescribe appropriate conditions and safeguards in conformity with this ordinance. Violations
of such conditions and safeguards, when made a part of the terms under which the variance is
granted, shall be deemed a violation of this ordinance and punishable under Article XXIII of
this ordinance.
12. Lapse of Variance: Unless a longer time period shall be specifically established as a
condition of approval, a variance shall lapse and shall become void one (1) year following
the date on which the variance became effective, unless prior to the expiration of one year a
zoning compliance permit is issued and construction is commenced, or a certificate of
occupancy is issued for the site or structure which was the subject of the variance application,
or the site is occupied if no zoning/building permit or certificate of occupancy is required.
13. Revocation of Variance: Upon violation of any applicable provision of this ordinance, or if
granted subject to the conditions, upon failure to comply with conditions, a variance shall be
revoked upon notification to the owner of the; use or property subject to the variance.
14. Variance to Run With Land or Structure: Unless otherwise specified at the time a variance is
granted, a variance shall run with the land and shall continue to be valid upon a change of
ownership of the site or structure to which it applies.
Section 24.7. DECISIONS OF THE BOARD OF ADJUSTMENT.
In exercising the above mentioned powers, the Board of Adjustment may, so long as such action
is in conformity with the terms of this ordinance, and Chapter 335, Code of Iowa, reverse or
affirm, wholly or partly, or may modify the order, requirements, decisions, or determination as
ought to be made and to that end shall have powers of the zoning administrator from whom the
appeal is taken. The concurring vote of three (3) members of the board, even upon instances of
absentee members or during conflicts of interest, shall be necessary to reverse any order,
requirement, decision or determination of the zoning administrator, or to decide in favor of the
applicant on any matter which it is required to pass under this ordinance, or to effect any
variation in application of this ordinance. The action of the board shall not become effective until
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it has a written decision describing such action, the vote of each member participating therein,
and reasons for such action specifying the manner in which the action either satisfied or failed to
satisfy each of the applicable standards set forth in this article.
Section 24.8. APPEALS FROM THE BOARD OF ADJUSTMENT.
Any person or persons, or any board, taxpayer, department, or bureau of the community
aggrieved by any decision of the Board of Adjustment may seek review of such decision of the
Board of Adjustment by a court of record in the manner provided by laws of the State and
particularly by Chapter 335, Code of Iowa. Otherwise, all decisions of the Board shall be final
immediately upon filing.
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ARTICLE XXV
SPECIAL EXCEPTIONS
Article 25: Special Exceptions
Section 25.1.
Section 25.2.
Section 25.3.
Section 25.4.
Section 25.5.
Section 25.6.
Section 25.7.
Section 25.8.
Requirements
Jurisdiction
Application for Special Exception Permit
Procedures
Standards
Revocation
Supplemental Standards
Planned Unit Development (PUD)
Section 25.1. REQUIREMENTS.
Special exception uses may be permitted, enlarged, or altered upon application for a special
exception use permit in accordance with the rules and procedures of the Board of Adjustment.
The board shall grant or deny a special exception use permit in accordance with the standards set
forth herein and with the intent and purpose of this ordinance, In granting a special exception use
permit, the Board of Adjustment will authorize the issuance of a special exception use permit and
may prescribe and impose appropriate conditions, safeguards, or a specified time limit for the
performance of the special exception use permit.
Section 25.2. JURISDICTION.
The zoning administrator shall be responsible for administration of the special exception
procedure and the Board of Adjustment shall be responsible for the review, evaluation, and
action on all applications for special exception use permits.
Section 25.3. APPLICATION FOR SPECIAL EXCEPTION USE PERMIT.
An application for a special exception use permit may be initiated by a property owner or the
owner’s authorized agent by filing an application with the zoning administrator. The application
shall be accompanied by a site plan prepared in accordance with Article XVIII of this ordinance
and shall include at a minimum:

The names and last known addresses of the owners of all property within 500 feet of the
property for which the special exception use is requested

Plans and data showing the dimensions, arrangements, descriptive data, and other materials
constituting a record essential to an understanding of the proposed use and proposed
modification in relation to the standards set forth herein.

A statement indicating the section of this ordinance under which the special exception is
sought and stating the grounds on which it is requested.
The application shall also be accompanied by a fee as established by resolution of the Clay
County Board of Supervisors. Any approved special exception use permit shall be valid for one
(1) year following the issuance of the permit. After one (1) year, the permit will no longer be
valid and the permit must be renewed or a new permit reapplied for.
In the case that a special exception use permit is denied, no application for a the same special
exception use permit shall be filed with or considered by the Board of adjustment until the
expiration of one (1) year from and after final action denying a previous identical or substantially
identical application. The one (1) year period shall begin on the date of final board action
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denying the application, or on the date of entry of a final court judgment affirming board action
denying the application from which no appellate review is taken or can be taken, whichever shall
last occur. The filing fee for all second and subsequent applications for a special exception use
permit shall be double the original fee.
Section 25.4. PROCEDURE.
The Board of Adjustment shall not grant a special exception use permit unless and until the
following procedures have been fulfilled:
1. The Board of Adjustment shall provide a copy of the application for special exception use for
review and comment to the Planning and Zoning Commission.
2. The Planning and Zoning Commission shall provide the Board of Adjustment with their
recommendations within fifteen (15) days after receipt of the application.
3. After receipt of the Planning and Zoning Commission’s recommendations, the Board of
Adjustment shall schedule and conduct at least one public hearing in relation to the special
exception use request. Notice shall be given to the public hearing as required by state statute
by publication in the official county newspaper(s) no less than seven (7) and no more than
twenty (20) days prior to the public hearing. Notice shall be given by ordinary mail to all
property owners located within 500 feet by mailing such notice to the last known addresses
of those to be thus notified by depositing such notice with sufficient postage in the United
States mail no less than seven (7) and no more than twenty (20) days prior to the public
hearing.
4. In granting any special exception use, the Board of Adjustment may prescribe appropriate
conditions and safeguards in conformity with this ordinance. Violation of such conditions
and safeguards, when made a part of the terms under which the special exception use is
granted, shall be deemed a violation of this ordinance and punishable under Article XXIII of
this ordinance. In all cases in which a special exception use permit is granted, the Board of
Adjustment shall require such evidence and guarantees as it may deem necessary as proof
that the conditions stipulated in connection therewith are being complied with.
5. The concurring vote of three (3) members of the Board of Adjustment grants a special
exception use permit, even in the event of absentee members or during conflicts of interest.
6. An order of the Board of Adjustment granting a special exception use permit shall be valid
for a period no longer than one (1) year from the date of such an order, unless the Board of
Adjustment specifically grants a longer period of time or a building permit is obtained within
the one (1) year period and construction is commenced.
Section 25.5. STANDARDS.
The Board of Adjustment shall not grant any special exception use permit unless such board
shall find:
1. That the use shall be in harmony with the intent, purpose and spirit of this ordinance.
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2. That the use shall be an appropriate use of the land and is necessary or desirable to provide a
service or a facility which is in the interest of the public convenience or which will contribute
to the general welfare of the vicinity or the county.
3. That the use shall be located, designed, constructed, arranged and operated so as not to
interfere with the development and use of adjoining or surrounding property in accordance
with the applicable district regulations.
4. That the use shall not have a substantial or undue adverse effect upon adjoining or
surrounding property, the character of the neighborhood, conditions, parking, utility facilities
or other matters affecting the public health, safety and general welfare of persons residing or
working in the vicinity.
5. That the use shall not unduly diminish or impair established property values in adjoining or
surrounding properties.
6. That the use shall be served adequately by essential public facilities and services such as
highway, streets, parking spaces, drainage structures, water supply and sewage disposal; or
that the persons or agencies responsible for the establishment of the proposed use will
provide adequately for such services.
7. That the use complies with all conditions imposed on it by the provisions of the district in
which such special exception use may be authorized.
8. In the case of existing relocated dwelling units or accessory structures, the proposed use
aesthetically blends in with the neighboring existing permitted uses and special attention is
given to the architectural style, size and condition of the proposed building or structure.
9. The use shall not create a hazard to vehicular or pedestrian traffic.
10. The use shall not cause any permanent, irreparable environmental damage to the parcel or
neighboring lands.
In addition to the general standards outlined above, specified uses shall adhere to these standards
and operate only after the issuance of a special exception use permit. The special exception shall, in
all other respects, conform to the applicable regulations of the zoning district in which it is
located, except as such regulations may be modified by the Board of Adjustment.
Section 25.6. REVOCATION.
The issuance of a special exception use permit by the Board of Adjustment shall entitle the
owner to continue to operate the use so long as the owner remains in compliance with the terms
and conditions of this ordinance and the terms, conditions, limitations, requirements and
safeguards set forth in the special exception use permit. If such permit is granted, it does
expressly grant to the county the power and authority to enter upon the premises at any
reasonable time for the purpose of inspection and enforcement of the terms of the special
exception use permit. In the event the owner or occupant of the property shall violate any term,
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condition, limitation, regulation or safeguards contained in the special exception permit, the
permit shall become null and void and the owner or occupant shall be deemed to be in violation
of this ordinance and the county may proceed to enforce the provisions of this ordinance and the
terms, conditions, limitations, and safeguards of the special exception permit.
Section 25.7. SUPPLEMENTAL STANDARDS.
In addition to the general standards outlined in Section 25.5 above, specified uses shall adhere to
certain supplemental and additional standards as follows:
1. Salvage Yards: All salvage yards, including any area where waste, junk, discarded or
wrecked and salvaged materials are bought, sold, stored, exchanged, baled or packed,
disassembled or handled, including dismantling or wrecking of automobiles or machinery or
other vehicles, shall be located in the (A-1) Agriculture and the (I-2) Heavy Industrial districts
under special exception use permit. The application for a special use permit shall be
accompanied with a proposed intent or covenant to meet the minimum requirements described
herein:
a. Any salvage yard shall be at least five hundred feet (500’) from any residential building,
with the exception of the residence of the salvage yard owner or operator.
b. Salvage or junk yards shall be screened by a solid wall or uniformly painted solid fence
not less than eight (8) feet in height, or in lieu thereof, a landscape buffer strip fifty feet
(50’) wide with evergreen trees and/or large shrubs to provide an immediate solid
landscape screen at least ten feet (10’) high that will effectively screen all areas that
contain the scrap and salvage materials.
c. Off-street parking or service areas in connection with the yards may be located outside of
the screened-in area.
2. Open-Air Sales Display and Storage: All open-air display and storage, including new and
used auto sales and storage, new and used farm implement and equipment sales and storage, new
and used truck, machinery, or equipment sales and storage shall require a special exception use
permit and shall be accompanied with drawings and other documents describing the intent,
layout, and construction or installation in accordance with the following minimum requirements:
a. All lighting and lighted facilities shall be designed and arranged so that they do not focus
or glare directly on adjacent properties, or public streets, thereby creating a traffic hazard.
b. No lighted flashing signs, or revolving beacon lights shall be permitted.
c. The open-air area shall be maintained to be reasonably free of weeds, debris, trash and
other objectionable materials.
d. The open-air storage or display area intended for inventory storage, salvage or repair
services shall be limited to the side or rear yard areas and be opaquely screened with a
wall or fence at least seven feet (7’) in height. Those uses intended to exclusively display
products or equipment for sale or lease are exempt from screening such products or
equipment, unless the following provisions in subpart e. apply.
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e. The side and rear lot lines, when abutting properties used for residential purposes, will be
screened with a wall or fence at least fifty percent (50%) solid and at least seven feet (7’)
in height. Such fence or wall shall not be required to extend beyond the front setback line.
3. Boat and Marine Accessory Storage: Boats, personal watercraft, trailers, boat hoists, or
other marine accessories may be stored on the owner’s lot for no longer than nine (9)
consecutive months in the same location. Multiple boats, personal watercraft, trailers, boat
hoists, or other marine accessories stored on a parcel, lot or group of lots for longer than nine
(9) consecutive months for commercial or monetary purposes shall conform to the
requirements of section 2 “Open-air Sales Display and Storage” above.
4. Communication Towers: The purpose of this section is to provide for the regulation of
contractors engaged in the construction, erection, placement or location of freestanding
communications towers in Clay County. These regulations do not apply to antennas, satellite
dishes, or other communication devices attached to a structure or accessory building and
primarily used for personal or residential enjoyment. Communication towers shall be
permitted under a special exception use permit in every zoning district within the county. An
application for a special exception use permit shall be accompanied by drawings, plans and
other necessary documents describing the intent, layout, and construction or installation in
accordance with the following minimum requirements:
a. “Communication Tower” shall mean a structure, tower, antenna or other facility primarily
engaged in the provision of broadcasting and information relay services accomplished
through the use of electronic, cellular or other mechanisms but exclude those classified as
Major Utility Facilities. Typical uses include but not limited to telecommunication towers,
radio, television, cellular and other receiving towers, antennas or structures and amateur
radio communications including voluntary and noncommercial communication services.
b. The construction and maintenance of a communication tower shall be permitted to the
owner of the tower as specified in the special exception use permit application only upon
compliance with all applicable ordinances of Clay County. The permit shall be of indefinite
duration and shall remain in effect so long as the tower remains in compliance with all
applicable county ordinances. A special exception use permit for a communication tower
may be revoked upon notice to the owner and following opportunity for a public hearing
before the Board of Adjustment, for a violation of any applicable county ordinance, state
statute or regulation, or federal statute or regulation.
c. The issuance of a special exception use permit for the construction or installation of a
communication tower under this ordinance shall not relieve any permittee, applicant or
owner from compliance with all legal requirements, nor relieve the permittee, applicant or
owner of any liability for damage or loss resulting from the placement, construction or
maintenance of the tower. Clay County assumes no liability whatsoever by virtue of the
issuance of a special exception use permit for a communications tower.
d. The minimum distance from the base of the tower to the nearest property line of the tower
site shall not be less than one hundred ten percent (110%) of the tower height, except that
no setback shall be less than any required yard setbacks in the zoning district in which the
communication tower is located.
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e. The communication tower base shall be completely enclosed by a fence or wall no less than
six feet (6') in height and designed or constructed to provide a secure environment and
unauthorized access to the tower base.
f. All towers shall be maintained and operated in compliance with the standards adopted by
the Federal Communications Commission concerning electromagnetic field emissions.
g. Communication towers will be exempt from the maximum height requirements; except that
no communication tower located within any residential zoned district shall exceed a height
of two hundred feet (200’).
h. The county shall not restrict or deny the use of amateur radio antennas or towers for the
personal enjoyment and use of the owner(s) and shall comply with Title 47 of the Code of
Federal Regulations, Part 97 (FCC rules for amateur radio).
i. In order to avoid unnecessary duplication of communications towers, businesses engaged
in wireless communication requiring the use of communications towers are required to
utilize joint or multiple use of all existing and proposed towers. An application for a special
exception use permit for a communication tower shall include a verification that the
applicant has considered the use of existing towers and shall include a detailed explanation
establishing that the use of an existing tower is economically or technically not feasible.
Each owner of a tower placed and constructed pursuant to a special exception use permit
issued under this ordinance shall, to the extent technically feasible, lease tower capacity to
other wireless communication providers at commercially reasonable rates and terms.
j. Communication towers which become abandoned or obsolete shall be removed within
twelve (12) months of the discontinuance of such use, and shall be the responsibility of the
communication tower owner, the property lessee, or the property owner to have such tower
properly removed or dismantled.
Section 25.8. PLANNED UNIT DEVELOPMENT (PUD).
Planned Unit Developments (PUD’s) are intended to accommodate a wide variety of use types in
accordance with the county’s comprehensive plan. The purpose of PUD regulations is to
encourage flexibility in the design and development of land in order to promote its most
appropriate use; to facilitate the adequate and economical provision of streets, utilities, and
public spaces; and to preserve the natural and scenic qualities of open areas. PUD’s are intended
to encourage innovative, well-designed projects that achieve a high level of low impact
development, environmental sensitivity, energy efficiency, safety, and aesthetics. Each PUD will
be applied for and reviewed as a special exception within the zoning district in which it is
located. The PUD application shall contain a general statement by the applicant describing how
the proposed development departs from the county's standard zoning regulations and how the
proposed development is an improvement over the requirements of the county’s zoning
regulations. The procedure is intended to permit diversification in the location of structures and
improve circulation facilities and other site qualities while ensuring adequate standards relating
to public health, safety, welfare, and convenience both in the use and occupancy of buildings and
facilities in planned groups.
1. A planned unit development to be eligible under this Article must be:
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a. In accordance with the comprehensive plan of the county and with the regulations of this
ordinance;
b. An effective and unified means of treating possible development providing for
preservation of scenic features and amenities of the site and the surrounding area;
c. So designed in its space allocation, orientation, landscaping, circulation system, materials
and other features as to produce an environment of stable and desirable character,
complimenting the design and values of the neighborhood.
d. encourage a more creative and efficient development of land and its improvements;
e. allow for a mixture of uses in an integrated and well-planned area;
f. ensure concentration of open space into more usable areas and preservation of the natural
resources of the site including wetlands, woodlands, steep slopes, and scenic areas;
g. facilitate economic provisions of streets and public utilities;
h. encourage low impact and sustainable developments.
2. General Regulations. In order for PUD’s to be eligible for consideration of a special exception
use permit, certain regulations needs to be satisfied to preserve the integrity of the planned
development and minimize any potential impact to adjacent properties.
a. Conformance with the Comprehensive Plan: The proposed planned unit development is in
conformance with the Clay County Comprehensive Plan. At a minimum, the Planning and
Zoning Commission shall find that the PUD does not conflict with the comprehensive plan.
b. Minimum Site Area: A PUD shall include no less than three (3) acres of contiguous land.
Property shall be deemed to be contiguous so long as all parts are under unified control of
the applicant, and all parts abut or are separated by only a road, easement or right of way.
A minimum of two (2) or more principal structures must be proposed.
c. Land Use: At least sixty-five (65) percent of the PUD site exclusive of open space shall be
devoted to those uses permitted in the zoning district in which the PUD is located.
Proposed land uses shall not adversely affect surrounding development.
d. Preservation of Natural Features: Mature trees, vegetative cover, watercourses and other
natural site features shall be preserved to the greatest extent possible. Abrupt changes in
natural slope shall be avoided. Preservation shall be directed toward;
i. Protecting the natural environment;
ii. Providing buffering between new developments and surrounding properties;
iii. Handling of storm water flows in natural channels;
iv. Maintaining existing vegetation along stream corridors as water quality filters; and
v. Developing and sustaining low impact developments.
e. Common Open Space: A minimum of twenty-five (25) percent of every PUD site area shall
be developed as common open space. Parking areas and vehicle access facilities shall not
be considered in calculating open space requirements. Common open space may qualify
wholly or partially as recreation areas, recreational buildings, pedestrian open space system
(permanently maintained walks and trails), or environmental features such as natural
habitats or environmentally sensitive areas.
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f. Maintenance of Common Open Space: In order that the purpose of these regulations may
be realized, the land and buildings and appurtenant facilities shall be in single ownership,
or under management or supervision of a central authority, or otherwise subject to such
supervision lease or ownership control as may be necessary to carry out the provisions
herein. In the event that the owner or organization established to own and maintain
common open space shall fail to maintain the land in reasonable condition, the zoning
administrator shall serve written notice defining the maintenance deficiencies. If such
deficiencies are not corrected after 30 days, the zoning administrator shall call upon any
public or private agency to maintain the common open space. In such cases, the tax
assessor shall assess the costs proportionally against all properties within the PUD that
have the right of use of the common open space.
g. Screening: Additional buffering beyond minimum requirements of this ordinance, both
around the parameter and interior of the planned unit development, shall be provided where
appropriate to mitigate against adverse impacts of noise, glare, sound, or other influences
on the proposed development or on adjacent land.
h. Lighting: All lighting from proposed developments shall be arranged to prevent direct glare
or hazardous interference to adjoining streets or lands.
i. Other Conditions: The zoning administrator and the Planning and Zoning Commission
shall have the authority to impose such other conditions as are necessary to accomplish the
purposes of this ordinance and the comprehensive plan.
3. Application Procedures. PUD’s shall be subject to the approval of the County Board of
Supervisors based upon review and recommendations by the Planning and Zoning
Commission.
4. General Development Plan. The applicant shall file a general development plan which shall
include the following information:.
a. A statement describing the general character of the intended development and the manner
in which it has been designed to take advantage of the PUD regulations.
b. An accurate site plan of the proposed project, including its relationship to surrounding
properties, existing topography, and key features;
c. The pattern of proposed land use including shape, size, and arrangement of proposed use
areas, density and environmental character.
d. The pattern of public and private streets.
e. The location, size. and character of recreational and open space areas reserved or dedicated
for public uses such as schools, parks, greenways, etc.
f. A utility plan.
g. Appropriate statistical data on the size of the development, ratio of various land uses,
percentage of multi-family units by number of bedrooms, expected staging, and any other
plans or data pertinent to evaluation by the county.
h. General outline of intended organizational structure related to property owner’s association,
deed restrictions and private provision of common services.
i. A list of property owners and addresses within 500’ of the development property.
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j. An indication of the expected development schedule, including phased developments.
k. Any additional information requested by the Planning and Zoning Commission that may be
required for clarification of the proposed project.
5. Preliminary Plat. The applicant shall also submit a preliminary plat and all the necessary
documentation as required under the subdivision regulations of all or that portion of the
project to be platted. For purposes of administrative simplification, the public hearings
required for the PUD and preliminary plat may be combined or held concurrently.
6. Specific Implementation Plan. A specific and detailed plan for implementation of all or a part
of a proposed PUD after approval of the General Development Plan must be submitted
within one (1) year. The specific implementation plan shall be submitted for review by the
Planning and Zoning Commission and approval or disapproval by the County Board of
Supervisors and shall include the following detailed construction and engineering plans and
related detailed documents and schedules:
a. An accurate map of the area covered by the plan including the relationship to the total
general development plan.
b. The pattern of public and private roads, driveways, walkways, and parking facilities.
c. Detailed lot layout and subdivision plat where required.
d. The arrangement of building groups, and their architectural character.
e. Sanitary sewer and water mains.
f. Grading plan and storm drainage.
g. The location and treatment of open space areas and recreational or other special amenities.
h. The location and description of any areas to be dedicated to the public, if any.
i. General landscape treatment.
j. Proof of financing capability or performance capability.
k. A development-schedule indicating (1) the approximate date when construction of the
project can be expected to begin, (2) the stages in which the project will be built and the
approximate date when construction of each stage can be expected to begin, (3) the
anticipated rate of development of each of the stages will be completed, and 4) the area and
location of common open space that will be provided at each stage.
l. Agreements, bylaws, provisions, or covenants which govern the organizational structure,
use, maintenance, and continued protection of the PUD and any of its common services,
common open areas, or other facilities;
m. Any other plans, documents, or schedules requested by the County Board of Supervisors.
7. Criteria for Approval. As a basis for determining the acceptability of a PUD application, the
following criteria shall be applied to the precise development plan for such district with
specific consideration as to whether it is consistent with the spirit and intent of this
Ordinance, it has been prepared with competent professional advice and guidance, and it
produces significant benefits in terms of environmental design.
a. Character and Intensity of Land Use. In a PUD, the use proposed and the intensity and the
arrangement on the site shall be of visual and operational character which:
i. Is compatible to the physical nature of the site with particular concern for preservation
of natural features, tree growth, and open space.
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ii. Would produce an attractive environment of sustained aesthetic and ecologic
desirability, economic stability and functional practicality compatible with the general
development plans for the area as established by the community.
iii. Would not adversely affect the anticipated provision for school or other municipal
services.
iv. Would not create a traffic or parking demand incompatible with the existing or
proposed facilities to serve it.
b. Economic Feasibility and Impact. The proponents of a PUD application shall provide
evidence satisfactory to the County Board of Supervisors of its economic feasibility, of
available adequate financing, and that it would not adversely affect the economic prosperity
of the county or the values of surrounding properties.
c. Engineering Design Standards. The width of street right-of-way, width and location of
street or other paving, location of sewer and water lines, provision for storm water
drainage, or other similar environmental engineering consideration shall be in no case less
than those necessary to ensure the public safety and welfare of county residents.
8. Implementation Schedule. The proponents of a PUD shall submit a reasonable schedule for
the implementation of the development to the satisfaction of the County Board of
Supervisors including suitable provisions for assurance that each phase could be brought to
completion in a manner which would not result in adverse effects upon the county as a result
of termination at that point.
9. Approval of the Specific Implementation Plan.
a. Following a review of the specific implementation plans, the Planning and Zoning
Commission shall recommend to the County Board of Supervisors that the plans be
approved as submitted, approved with modifications, or disapproved.
b. Upon receipt of the Planning and Zoning Commission recommendation, the Board of
Supervisors may approve the plan and authorize the development to proceed accordingly,
or disapprove the plan.
c. In the event of approval of the Specific Implementation Plan, the building, site, and
operational plans for the development, as approved, as well as all other commitments and
contractual agreements with the county offered or required with regard to project value,
character, and other factors pertinent to an assurance that the proposed development will be
carried out basically as presented in the official submittal plans, shall be recorded by the
developer within 90 days in the County Recorder's Office. This shall include posting a
performance bond or certified check in an amount determined by the Board of Supervisors
with Clay County, Iowa, guaranteeing that required improvements will be constructed
according to the approved implementation schedule. This shall be accomplished prior to
the issuance of any compliance permit.
d. Any subsequent change or addition to the plans or use shall first be submitted for approval
to the Board of Supervisors and Planning Commission and if such change or addition
constitutes a substantial alteration of the original plan, the procedures in the above shall be
required.
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e. If construction of the PUD does not commence within two (2) years of the official
recording of the implementation schedule, then the PUD shall be voided.
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ARTICLE XXVI
CHANGES AND AMENDMENTS
Article 26: Changes and Amendments
Section 26.1.
Section 26.2.
Section 26.3.
Section 26.4.
Section 26.5.
Procedures
Initiation
Application for Change in Zoning District Boundaries
Protest Provision
New Application
Section 26.1. PROCEDURES.
The Board of Supervisors, on its own action or on petition and recommendation from the County
Planning and Zoning Commission, and after public notice and hearings as provided by law; may
amend, supplement, or change the text or zoning district boundaries or regulations herein or
subsequently established within this ordinance and the zoning map. Such amendment shall not
become effective except by the favorable vote of a majority of all members of the Board of
Supervisors. However, no amendment, either zoning text or district boundaries, shall become
effective unless it shall have been proposed by or shall have been first submitted to the Planning
and Zoning Commission for review and recommendation. The commission shall have forty-five
(45) days in which to submit its report to the Board of Supervisors. Prior to making
recommendation to the Supervisors, the Planning and Zoning Commission shall hold at least one
(1) public hearing on the text amendment or rezoning request. If the commission fails to submit a
report within the forty-five (45) day period, it shall be deemed to have approved the proposed
amendment.
Not more than thirty (30) days following receipt of the recommendation of the Planning and
Zoning Commission the County Board of Supervisors shall hold at least one (1) public hearing
before any proposed text amendment or rezoning request is considered. Notice of said hearing
shall be published in a newspaper of general circulation within the county at least seven (7) days
but no more than twenty (20) days before the date fixed for such hearing. Such notice shall
contain the time, date and place of the hearing, the existing zoning classification, the requested
zoning classification and the name of the petitioner or petitioners. Additionally, a notification
shall be sent by regular mail to the property owners within 500’ of the property for which the
change is requested. In no case shall the public hearing be held earlier than the next regularly
scheduled Board of Supervisors meeting following the published notice.
Within thirty (30) days following the closing of a public hearing, the Board of Supervisors shall
make a specific finding as to whether the change is consistent with the objectives of this
ordinance. If the board finds that the change is consistent, it shall introduce an ordinance
amending the text of the zoning regulations or amending the zoning map, whichever is
appropriate. If the Board of Supervisors finds that the change is not consistent, it shall deny the
application. The board shall not modify a recommendation of the Planning and Zoning
Commission on a rezoning or change until it has requested and considered a report of the
Planning and Zoning Commission on the modification. Failure of the commission to report
within 30 days after receipt of the Board of Supervisors request shall be concurrence.
Section 26.2. INITIATION.
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Petitions requesting such changes or amendment shall clearly describe the property and its
boundaries as to which the change or amendment is desired. Action can be initiated by one of the
following means:
1. The Board of Supervisors may initiate a text amendment or rezoning request itself.
2. The Planning and Zoning Commission may recommend to the Board of Supervisors to
initiate a text amendment or rezoning request.
3. Affected persons, firms or corporations, the owner or authorized agent of the owner of
property may submit a petition to the Planning and Zoning Commission for a change in
zoning district boundaries (rezoning request). If the property for which rezoning is proposed
is in more than one ownership, all the owners or their authorized agents shall join in filing the
application.
Whenever any owner, firm or corporation or authorized agent of such desires that any
amendment or change be made in this ordinance, including the text and/or map, as to any
property in Clay County, there shall be presented to the Planning and Zoning Commission a
petition requesting such change or amendment. Such petition shall be duly signed by the owners
of at least fifty percent (50%) of the area of all real estate included within boundaries of said tract
as described in the petition or that area lying immediately adjacent to said tract but within five
hundred feet (500’) of the boundaries thereof. Said petition shall contain a legal description of
the area for which rezoning is requested, the existing zoning classification and the requested
zoning classification.
Section 26.3. APPLICATION FOR CHANGE IN ZONING DISTRICT BOUNDARIES.
Applications for rezoning requests shall be filed with the zoning administrator on a form
provided by the county and shall include the following data and maps:
1. Each application shall contain the following information:
a. The name and address of the owner and applicant.
a. The legal description and local address of the property.
c. If the applicant is not the legal owner of the property, statement that the applicant is the
authorized agent of the owner.
d. The present zoning classification and the zoning classification requested for the property.
e. The existing use and proposed use of the property.
f. The names and addresses of the owners of all property within five hundred feet (500’) of
the property for which the change is requested.
g. A statement of the reasons why the applicant feels the present zoning classification is no
longer appropriate.
h. A site plan, as prepared in accordance with Article XVIII.
The zoning administrator may require additional information or maps if they are necessary to
enable the Planning and Zoning Commission to determine whether the change is consistent
with the objectives of this ordinance.
2. Before any action shall be taken as provided in this section, the petitioner or petitioners
seeking the change in districts or regulations shall pay to the County Treasurer a fee
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established by resolution of the Board of Supervisors for rezoning procedures. Failure to
approve the requested change shall not be deemed cause to refund the fee to the applicant.
3. Upon receipt of the application by the zoning administrator a copy shall be forwarded
immediately to the Planning and Zoning Commission for study and recommendation. The
commission shall, prior to making a recommendation, determine the following:
a. Whether or not the current district classification of the property to be rezoned is valid.
b. Whether there is a need for additional land zoned for the purpose requested.
c. Whether the proposed change is consistent with the current comprehensive land use plan.
d. Whether there is intent on the part of the applicant to develop the property to be rezoned
diligently and within a reasonable time.
Section 26.4. PROTEST PROVISION.
In case the proposed amendment, supplement or change is not approved by the Planning and
Zoning Commission, or a protest be presented and duly signed by the owners of twenty percent
(20%) or more of the area included in such proposed change, or, of the area immediately
adjacent thereto and within five hundred feet (500’) of the boundaries thereof, such amendment
shall not become effective except by the favorable vote of four-fifths (4/5) of the members of the
Board of Supervisors, even in the instance of absentee members or during conflicts of interest.
Section 26.5. NEW APPLICATION.
Whenever any petition for an amendment, supplement or change of the zoning districts or
regulations herein contained or subsequently established shall have been denied by the Board of
Supervisors, then no new petition covering the same property or the same property and
additional property shall be filed with or considered by the Board of Supervisors for one (1) year
thereafter unless it is signed by the owners of at least fifty percent (50%) of the property owners
who previously objected to the change; this provision, however, shall not prevent the Board of
Supervisors from acting on its own initiative in any case or at any time provided in this section.
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ARTICLE XXVII
EFFECTIVE DATE
Section 27.1. EFFECTIVE DATE.
This ordinance shall be in full effect from and after its adoption and publication as required by law
and as provided for in Chapter 380.6 and 380.7 of the Code of Iowa.
(Code of Iowa, Sec. 380.6[1]; Sec. 380.7[3]; and Sec. 362.3)
ARTICLE XXVIII
ADOPTION
ZONING ORDINANCE OF CLAY COUNTY, IOWA
NOW THEREFORE, BE IT ORDAINED BY THE
BOARD OF SUPERVISORS OF CLAY COUNTY
Passed and approved by resolution of the first ordinance reading on February 12, 2011
Passed and approved by resolution of the second ordinance reading on February 26, 2011
Passed and approved by resolution of the third and final ordinance reading on May, 10, 2011
Adopted into the Clay County Code of Ordinances on May 17, 2011
Joe Skow
Chair, Clay County Board of Supervisors
ATTEST:
Marjorie A. Pitts
Clay County Auditor
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EDITOR’S NOTE
The following ordinances have been adopted amending the official zoning ordinance or map and
have not been included as a part of this zoning code, but have been specifically saved from repeal
and are in full force and effect.
AMENDMENT ORDINANCE NUMBER
DATE ADOPTED
180
2.3 SUBDIVISION REGULATIONS FOR THE UNINCORPORATED AREA OF CLAY
COUNTY, IOWA
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CLAY COUNTY SUPDIVISION REGULATIONS FOR THE UNINCORPORATED AREA
OF CLAY COUNTY, IOWA, ORDINANCE NO. 2.3
ARTICLE I
Basic Provisions
Article 1: Basic Provisions
Section 1.1.
Section 1.2.
Section 1.3.
Section 1.4.
Section 1.5.
Section 1.6.
Section 1.7.
Section 1.8.
Section 1.9.
Section 1.10.
Section 1.11.
Short Title
Purpose
Interpretation of this Ordinance
Jurisdiction
Application
Conformance to the Comprehensive Plan
Restrictive Covenants
Subdivision Classification
Recording of Plat
Auditor’s Plat
Plats in Unincorporated Areas within 2 Miles of the Corporate Limits of Cities and Towns
Section 1.1. SHORT TITLE.
This ordinance shall be known and may be cited and referenced as the “Clay County Subdivision
Regulations” to the same effect as if the full title were stated.
Section 1.2. PURPOSE.
It is deemed essential to establish minimum standards for the design and development of all new
subdivisions and resubdivisions of land, so that existing land uses and developments will be
protected and so that adequate provisions are made for public utilities and other public
requirements, to insure growth occurs in an orderly manner consistent with the comprehensive
plan, and to improve the public health, safety, and general welfare of the citizens of Clay County.
Section 1.3. INTERPRETATION OF THIS ORDINANCE.
In the interpretation and application of the provisions of this ordinance, such provisions shall be
held to be minimum requirements for the promotion of the public safety, health, convenience,
comfort, morals, prosperity and general welfare of the county.
Section 1.4. JURISDICTION.
In accordance with the provisions of Chapter 354, Code of Iowa and amendatory acts thereto,
this ordinance is adopted by the Board of Supervisors of Clay County, Iowa, governing the
subdivisions of all lands within the unincorporated areas of the county and all lands within the
extraterritorial jurisdictional area of the municipalities in Clay County. It shall be unlawful for
any person being the owner, agent or person having control of any land within Clay County and
the extra-territorial plat jurisdiction of a municipality to create a subdivision unless by a plat, in
accordance with the regulations contained herein. Such plat shall be submitted to the Board of
Supervisors for approval or disapproval.
Section 1.5. APPLICATION.
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Every owner of any tract or parcel of land which has been subdivided or any owner who shall
hereafter subdivide or plat land into more than three (3) parts, for the purposes of laying out an
addition, subdivision, building lot or lots, acreages or suburban lots within the county shall cause
plats to be made in form and containing the information hereinafter set out. No plat shall be
recorded and no lots shall be sold from such plat unless and until approved as herein provided
and all public lands and rights dedicated to the governing body having jurisdiction for the area in
which it is located.
Section 1.6. CONFORMANCE TO THE COMPREHENSIVE PLAN.
In subdividing property, consideration shall be given to suitable sites for schools, parks,
playgrounds and other common areas for public use so as to best conform to recommendations of
the comprehensive plan. Any provisions for schools, parks and playgrounds should be indicated
on the preliminary plat in order that it may be determined when and in what manner such areas
will be provided or acquired by an appropriate agency.
Section 1.7. RESTRICTIVE COVENANTS.
The subdivider may, at their own expense, restrict the use of premises contained in a subdivision
plat by means of restrictive covenants. Any such covenants shall be included as deed restrictions
on the final plat. Where any restrictive covenants are anticipated in a proposed subdivision which
do not assist orderly, efficient, integrated development, promote the public health, safety and
general welfare of the county, and insure conformance of the subdivision plans with the capital
improvements program, comprehensive plan or transportation plan, the Board of Supervisors
may deem these grounds for disapproval of the subdivision plat.
Section 1.8. SUBDIVISION CLASSIFICATION.
Any proposed subdivision or resubdivision shall be classified as either a minor subdivision or a
major subdivision by the Zoning Administrator. To aid in this, the proprietor shall submit in
written or other appropriate documentation the principle features of access, relationship and
location of existing roads, proposed water and sanitary sewer systems, public utilities and
improvements, the number and location of the proposed lots and other pertinent data or
information. Any subdivision may be classified as a major subdivision at the proprietor’s
request.
Section 1.9. RECORDING OF PLAT.
No subdivision plat, resubdivision plat or street dedication within Clay County, Iowa, as
provided in Chapter 354.9, Code of Iowa, shall be filed for record with the County Recorder, or
recorded by the County Recorder, until a final plat of such subdivision, resubdivision, or street
dedication has been reviewed and approved in accordance with the provisions of this ordinance.
Upon approval of the final plat by the Clay County Board of Supervisors it shall be the duty of
the subdivider to immediately file such plat with the County Auditor and County Recorder, as
required by law. Such approval shall be revocable after thirty (30) days, unless such plat has
been duly recorded and evidence thereof filed with the County Auditor within thirty (30) days.
Section 1.10. AUDITOR’S PLATS.
With regard to Auditor's plats as distinguished from proprietor's plats the Board of Supervisors
shall have the right to waive provisions governing preliminary approval and public
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improvements outlined in these regulations providing there is on file with the Board of
Supervisors a copy of the request of the Clay County Auditor ordering such plat and a letter from
said Auditor stating that the plat as submitted meets the requirements for which he has ordered
the plat.
Section 1.11. PLATS IN UNINCORPORATED AREAS WITHIN 2 MILES OF THE
CORPORATE LIMITS OF CITIES AND TOWNS.
The purpose of this section is to facilitate the orderly processing of subdivisions in
unincorporated areas within two (2) miles of the corporate limits of cities and towns and to avoid
conflicting regulations while at the same time assuring that provisions are made for proper and
orderly future growth of the County and its cities and towns. With regard to subdivisions located
in the corporate limits of cities and towns having planning commissions established in
accordance with Chapter 414, Code of Iowa, the provisions of this ordinance shall not apply.
However, the Planning Commission and the city or town council may agree to waive such
requirements as are contained in their local ordinances to the end that the commission and
council are satisfied that equally suitable regulations shall be placed on these subdivisions by the
Clay County Board of Supervisors under the provisions of this ordinance. In such instance, the
Clay County Board of Supervisors shall furnish the city or town planning commission with a
copy of said subdivision, as approved, certifying that all requirements of the Clay County
Subdivision Ordinance have been met.
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ARTICLE II
Definitions
Article II: Definitions
Section 2.1.
Definitions
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the
present tense shall include the future, the singular number shall include the plural and the plural
the singular; the word shall is always mandatory, the word may is permissive.
2.1
Access Street – A street that is parallel to and adjacent to a major thoroughfare or highway;
and which provides access to abutting properties and protection from traffic.
2.2
Aliquot part – A fractional part of a section within the United States public land survey
system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or onequarter of one-quarter shall be considered an aliquot part of a section.
2.3
Alley – A public right-of-way, other than a street, affording secondary means of access to
abutting property.
2.4
Auditor’s plat – A subdivision plat prepared at the request of the County Auditor to clarify
property descriptions for the purposes of assessment and taxation.
2.5
Block – An area of land within a subdivision that is entirely bounded by streets, highways,
lakes, sloughs, wetlands or marshes, tracts of public land, or other public rights-of-way
except alleys; and all the exterior boundary or boundaries of the subdivision.
2.6
Board – The Clay County Board of Supervisors
2.7
Building Line (Setback Line) – A line on a plat between which line and public right-of-way
line no buildings or structures may be erected. Building lines shall be shown on all lots
intended for residential use of any character, and for commercial and industrial lots when
required by the zoning ordinance.
2.8
County Engineer – Any person, firm or registered professional engineer designated by the
Board of Supervisors to serve in such capacity.
2.9
Comprehensive Plan – Is the general plan for development of the county which may be
titled master plan, comprehensive plan, or some other title, and has been adopted by the
2.10 Commission or Planning Commission – The Clay County Planning and Zoning Commission.
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2.11 Collector Streets – Those streets which carry traffic from minor streets to the major system
of arterial streets and highways, including the principal entrance streets of a residential
development and streets for circulation within such a development.
2.12 Cul-de-sac – A short, dead-end street having one end open to motor traffic, the other end
being permanently closed to through traffic being terminated by a vehicular turnaround.
2.13 Develop – To erect buildings on or to desire publicly maintained streets and alleys and\or
utility systems upon a parcel of land.
2.14 Developer – Any person or persons who develop or makes available to others, lots within a
platted area for the purpose or erecting a building or buildings.
2.15 Easement – A right-of-way granted for the purpose of limited private, public and quasipublic uses across private land. A grant by the property owner of the use of a strip of land
by the general public, a corporation, or a certain person or persons and within the limits of
which the owner shall not erect any permanent structures but shall have the right to make
any other use of the land subject to such easement which is not inconsistent with the rights
of the grantee. Utilities shall have the right to trim or remove trees which interfere with the
use of such easements.
2.16 Engineer – A registered professional engineer authorized to practice engineering as defined
by the registration act of the State of Iowa.
2.17 Half Street – A one-half width street right-of-way on the boundary of a subdivision
dedicated by the subdivider to the county for future development when another subdivision
is platted along the side of the half street. Half streets are not permitted in new
subdivisions.
2.18 Highway – A major street which carries a large volume of traffic (state/federal routes).
2.19 Improvements – Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm
sewers, grading, street signs, plantings and other items for the welfare of the property
owners and the public.
2.20 Local Street: A service street used primarily for access to abutting property.
2.21 Lot – A portion of a subdivision or other parcel of land which is intended for the purpose,
whether immediate or future, offered for sale, conveyance, transfer of ownership,
improvement or for building development.
2.22 Major Subdivision - All subdivisions not classified as minor subdivisions, including, but
not limited to, any size subdivision requiring any new public or private street, extension of
local government facilities, to the creation of any public improvements.
2.23 Major Street or Thoroughfare – A street used primarily for fast or large volume traffic.
2.24 Metes and Bounds Description – A description of land that uses distances and angles, uses
distances and bearings, or describes the boundaries of the parcel by reference to the
physical features of the land.
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2.25 Minor Plat – A plat replacing a preliminary and final subdivision plat in the case of minor
subdivisions to enable the proprietor to save time and expense in reaching a general
agreement as to the form of the plat.
2.26 Minor Subdivision – Any subdivision that creates not more than three (3) parcels fronting
an existing road, not involving any new road or street or the extension of utilities, and not
adversely affecting the remainder of the parcel or adjoining property and not in conflict
with any provision of the comprehensive plan, zoning ordinance, or this ordinance may be
classified as a minor subdivision and must meet the appropriate provisions of this
ordinance.
2.27 Official Plat - Either an Auditor’s plat or a major or minor subdivision plat that meets the
requirements of the Code of Iowa and has been approved by the county and filed for record
in the offices of the County Recorder, County Auditor, and County Assessor.
2.28 Outlot - A portion of a subdivision or other parcel or tract intended as a unit for the
proposed, whether immediate or future, transfer of ownership. An outlot shall be an
unbuildable lot, in and of itself. Typically a proprietor may use an outlot for the following
reasons: (a) To reserve a portion of a final plat for future development or sale; (b) To
reserve a portion of a final plat for construction of and future dedication of a detention
basin to the county or private association; or (c) For construction of a private street or
access that will be owned and maintained by a private association.
2.29 Owner - The legal entity holding title to property being subdivided or such representative
or agent as is fully empowered to act on its behalf.
2.30 Parcel – A part or tract of land.
2.31 Performance Bond – A surety bond or cash deposit made out to the county in an amount
equal to the full costs of the improvements which are required by this ordinance, said cost
being estimated by the County Engineer, and surety bond or cash deposit being legally
sufficient to secure to the county that said improvements will be constructed in accordance
with this ordinance.
2.32 Plat – A map, drawing, or chart on which the developer or subdivider's plan of the
subdivision is presented and which the developer submits for approval and intends to be
recorded in final form.
2.33 Proprietor – A person who has a recorded interest in land, including a person selling or
buying land pursuant to contract, but excluding persons holding mortgage, easement, or
lien interest.
2.34 Proprietor's Plat – A plat as defined herein submitted by the owner of the land being
platted, or the owner’s agent, or other private entity, acting with the consent of the owner.
2.35 Resubdivision – Any subdivision of land that has previously been included in a recorded
plat. In appropriate context, the term may be used as a verb referring to the act of preparing
a plat of previously subdivided land.
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2.36 Right-of-Way – The area measured between property lines, dedicated to and accepted for
public use, and providing access to abutting properties.
2.37 Roadway – That portion of the improved street available for vehicular traffic, and measured
from back to back of curbs where curbs are laid.
2.38 Street – Public property, not an alley, intended for vehicular circulation. In appropriate
context, the term "street" may refer to the right-of-way bounded by the property lines of
such public property, or may refer to the paving installed within such right-of-way.
2.39 Street, Dead End – A short street having one end open to vehicular traffic and the other end
terminated but not with a vehicular turnaround.
2.40 Subdivider – The owner of the property being subdivided, or other such person or entity
empowered to act on behalf of the owner’s behalf.
2.41 Subdivision – A division of any lot, tract or parcel of land into three (3) or more lots,
parcels or other divisions of land for the purpose, whether immediate or future, of future
sale or transfer of ownership or building development. The term, when appropriate to the
context, relates to the process of subdividing or to the land subdivided, or the resubdivision
of land hereto for divided or platted into lots or other divisions of land; or if a new street is
involved, any division of a parcel of land or the division into two (2) or more parts of any
lot shall also be deemed a subdivision; and as further defined in Chapter 354, Code of
Iowa.
2.42 Subdivision Plat – Is a graphical representation of the subdivision of land, prepared by a
registered land surveyor, having a number or letter designation for each lot within the plat
and a succinct name or title that is unique for the county where the land is located.
2.43 Surveyor – A registered land surveyor, who engages in the practice of land surveying
pursuant to Chapter 114, Code of Iowa, authorized to practice surveying as defined in the
registration act of the State of Iowa.
2.44 Tract – Means an aliquot part of a section, a lot within an official plat, or government lot.
2.45 Utilities – Systems for the distribution or collection of water, gas, electricity, wastewater,
storm water, other energy sources, and telecommunications.
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ARTICLE III
Minor Subdivision Procedures and Requirements
Article III: Minor Subdivision Procedures and Requirements
Section 3.1.
Section 3.2.
Section 3.3.
Minor Plat Requirements
Review by Agencies
Procedures for Minor Subdivision
In lieu of a Major Subdivision (Preliminary and Final Plats), a land owner, developer, subdivider
or proprietor may be allowed to utilize a “Minor Subdivision” procedure provided the request
conforms to the definition contained herein and the classification process outlined in Section 1.8.
Section 3.1. MINOR PLAT REQUIREMENTS.
The proprietor shall prepare the proposed minor subdivision plat and shall furnish to the County
Auditor all plans and information, including three (3) copies of the final plat conforming in detail
to the requirements set forth in this ordinance. The minor plat submitted shall contain the names
and addresses of persons within 500 feet of the proposed subdivision to which a notice of public
hearing will be sent. No plat shall be considered or acted upon by the Board of Supervisors
without affording a public hearing thereon, notice of the time and place of which shall be sent by
mail to such addresses not less than ten (10) days before the date fixed therefore. Said plat shall
contain such information as required by this ordinance, specifically the requirements in Section
5.2 and Section 5.3 of Article V – Final Plat Procedures & Requirements; or as may be specified
by the Code of Iowa or the Zoning Administrator.
Section 3.2. REVIEW BY AGENCIES.
The County Auditor shall place the plat on the upcoming Board of Supervisors meeting agenda
and immediately thereafter forward copies of the submitted plat to the Chairperson and
remaining Board members, County Engineer, Zoning Administrator, County Attorney and to
such other agencies or persons as may be deemed appropriate and necessary. By the first of the
following month, the following reviews shall be completed:
1. The County Engineer shall notify the Auditor that access onto a county road or highway can
or cannot be provided and that other required improvements are or are not present.
2. The County Engineer shall notify the Auditor that the land so proposed to be subdivided will
comply with all applicable Clay County and State of Iowa standards, and that the proposed or
existing system of public improvements complies with applicable standards.
2. Other agencies or persons shall inform the Auditor on factors deemed appropriate and
necessary.
Section 3.3. PROCEDURES FOR MINOR SUBDIVISION.
1. Within thirty (30) working days following the date of receipt of an application, or such
additional period as the proprietor may authorize, the Zoning Administrator may schedule a
public hearing on the subdivision request with the Board of Supervisors. The Board shall act
upon the Minor Plat not more than sixty (60) days after the initial receipt by the County
Auditor.
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2. The Board of Supervisors may approve or disapprove of the subdivision request, or they may
refer the request to the Planning and Zoning Commission for their recommendation prior to
considering the minor plat. If approved by the Supervisors, the minor plat shall be certified
by resolution. In the event that a minor subdivision plat is not approved, the Supervisors shall
state in writing how the proposed plat is objectionable.
3. The passage of a resolution by the Board of Supervisors accepting the plat shall constitute
final approval for the area shown on the minor plat. The proprietor shall cause such plat to be
recorded as required by Chapter 354, Code of Iowa, before the county shall recognize the
plat as being in full force and effect. The proprietor shall record the plat within sixty (60)
days after the supervisor’s approval and shall be responsible for all recording costs. In
addition, one (1) copy of the approved Minor Plat and adopting resolution as well as the
completed plat proceedings with any restrictive covenants shall be submitted to the Zoning
Administrator by the proprietor.
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ARTICLE IV
Preliminary Plat Procedures and Data
Article IV: Preliminary Plat Procedures and Data
Section 4.1.
Section 4.2.
Section 4.3.
Section 4.4.
Application Procedures
Advisory Meeting with Planning and Zoning Commission
Preliminary Plat Procedures
Requirements of Preliminary Plat
Section 4.1. APPLICATION PROCEDURES.
The subdivider shall make improvements and shall submit preliminary plans and final plats, all
in accordance herewith.
Section 4.2. ADVISORY MEETING WITH PLANNING AND ZONING COMMISSION.
Whenever the owner of any tract or parcel of land within the unincorporated area of Clay County
shall make or intend to make a subdivision of the same, the subdivider shall, before preparing a
preliminary plat, meet and consult informally with the County Planning and Zoning Commission
and County Engineer to become familiar with all the subdivision requirements and all applicable
zoning regulations.
Section 4.3. PRELIMINARY PLAT PROCEDURES.
In obtaining preliminary approval of a proposed subdivision and/or development by the county,
the subdivider shall submit a preliminary plat in accordance with the following order and
procedure:
1. The subdivider shall first prepare and file with the County Planning and Zoning Commission
ten (10) copies of a preliminary plat conforming in detail to the requirements set forth in this
ordinance and required supplementary material. The Planning and Zoning Commission shall
refer one copy to the County Engineer and the County Attorney for review and consideration.
2. The County Engineer shall examine said plat as to its compliance with the laws and
ordinances of the county, the existing street system, sound engineering practices, and shall,
as soon as is possible, submit their findings to the Planning and Zoning Commission.
3. After receiving the County Engineer’s report the Planning and Zoning Commission shall
study the preliminary plat and other material for conformity to the minimum standards and
requirements as outlined in these regulations. The Planning and Zoning Commission may
confer with the subdivider on changes deemed advisable and the kind and extent of such
improvements to be made. Before approving a preliminary plat, the Planning and Zoning
Commission shall conclude its study of the preliminary plat; at its discretion hold a public
hearing, notice of which shall be given by publication in a newspaper of general circulation
in the County and according to State statute. The Planning and Zoning Commission shall
transmit all copes of the preliminary plat along with its recommendations to the Board of
Supervisors within sixty (60) days after the date of submission thereof. Recommendations
shall include approval, disapproval or suggestions for modification and reasons thereof. Said
recommendations shall be of an advisory nature only. If the Commission does not act within
sixty (60) days, the preliminary plat shall be deemed to have been approved, and shall
receive due consideration by the Board of Supervisors.
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4. If approved, the Planning and Zoning Commission shall express such approval in its minutes.
If disapproved, the Planning and Zoning Commission shall express its disapproval and its
reasons therefore to the subdivider in its minutes. The action of the Planning and Zoning
Commission shall be forwarded to Board of Supervisors.
5. Following a public hearing with the required notifications, and due consideration of the
preliminary plat, the Board of Supervisors shall approve, disapprove or modify the
recommendations of the County Planning and Zoning Commission and shall impose those
requirements or grant those variances in conformance with these regulations deemed
necessary and appropriate for final approval. The action of the Board of Supervisors together
with all modifications, requirements, variances and reasons thereof shall be noted on all
copies of the preliminary plat application. One (1) copy shall be returned to the subdivider
and others retained by the County Engineer. The Board of Supervisors shall have approved
or rejected the preliminary plat within thirty (30) days after action of the County Planning
and Zoning Commission; provided that the subdivider may agree to an extension of time for
a period not to exceed sixty (60) days.
6. Upon approval of the preliminary plat by the Planning and Zoning Commission and the
Board of Supervisors, the subdivider may proceed with the preparation of the final plat and
detailed construction drawings and specifications for the improvements required under these
regulations. The approval of the preliminary plat by the Board of Supervisors shall be null
and void unless the final plat is presented to the Planning and Zoning Commission within one
(1) year after date of preliminary approval, unless specifically extended by Board of
Supervisors action.
7. Approval of the preliminary plat by the Planning and Zoning Commission and the Board of
Supervisors is revocable and does not constitute final plat approval of the subdivision by the
Supervisors or the Supervisor’s authorization to proceed with construction of improvements
within the subdivision.
Section 4.4. REQUIREMENTS OF PRELIMINARY PLAT.
The preliminary plat of a subdivision is not intended to serve as a record plat. Its purpose is to
show, on a map, all facts needed to enable the Planning Commission to determine whether the
proposed layout of the land in question is satisfactory from the standpoint of the public interest.
The subdivider, or the subdivider’s representative, may call the county in advance of the
preliminary plat in order to discuss the proposed subdivision and in order to obtain information
as to the requirements necessary for approval of the plat.
The preliminary plat shall be clearly marked “Preliminary Plat” and shall show, or have attached
thereto, the following information:
1. GENERAL. Title, scale, north arrow, date and official legal description of the property being
platted. The scale of the preliminary plat shall be not less than one hundred feet (100’) to one
inch (1”) (100’ = 1”). The sheet size shall not exceed eighteen inches (18”) by twenty-four
inches (24”). Where more than one sheet is required, the sheets shall show the sheet number
and total number of sheets in the plat, and match lines indicating where other sheets adjoin.
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2. NAME. Name of the subdivision that shall not duplicate or resemble existing subdivision
names within Clay County.
3. OWNER. Name and address of recorded owner and/or developer and the name, address and
profession of the person preparing the plan;
4. KEY MAP. A vicinity sketch at a scale of not more than five hundred feet (500’) to one inch
(1”) showing the general location of the proposed subdivision in relation to surrounding
development or neighborhoods.
5. NEIGHBORS. All existing adjacent subdivisions, streets and tract lines of acreage parcels
together with the names of record owners of unsubdivided parcels of land immediately
adjoining the proposed subdivision and between it and the nearest existing streets or roads. A
list of the names of all owners of record and residents within 500’ of the subdivision’s
boundaries shall be attached.
6. ACRES. Acreage of the land to be subdivided.
7. INFRASTRUCTURE. The location of all existing or proposed buildings, railroads,
underground utilities, and other rights-of-way. The location and manner of providing water
supply and sewage treatment facilities.
8. CONTOUR. Existing contour lines at intervals of not more than five (5) feet, provided
however that a minimum of two (2) contours shall be shown on any plat.
9. BOUNDARIES. Boundaries of the proposed subdivision, showing dimensions, bearing,
angles and references to section, townships and range lines or corners shall be indicated by a
heavy line.
10. STREETS. Streets, roads, alleys, highways with their right-of-ways on and adjacent to the
tract and their names, widths, approximate grades and other dimensions as may be required.
Additionally, a typical cross-section of the proposed streets shall be provided showing the
type and width of surfacing, the type of drainage and other improvements to be installed as
required by existing county specifications.
11. LOTS. Present and/or proposed layout of lots, showing the lot numbers, dimensions, building
setback lines, radii, and the square-foot area if an irregular shaped lot.
12. PUBLIC USE. Parcels of land proposed to be dedicated for public use such as schools, parks,
playgrounds, or other public, semi-public or community purposes, proposed by the
subdivider for public or private use or shown for such purpose in the comprehensive plan or
other adopted plans.
13. EASEMENTS. Existing and proposed easements and their locations, widths, purposes and
distances.
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14. UTILITIES. Present and/or proposed utility systems or services, the location and size or
capacity of water supply or mains; sanitary and storm sewers; other drainage or water control
structures including ditches, culverts, drain tiles, bridges and other structures; gas mains;
electric utilities; street lighting and telephone utilities; and other facilities.
15. ZONING. The existing and proposed zoning district(s) in which the land to be subdivided is
located according to the zoning ordinance;
16. ATTORNEY’S OPINION. An attorney's opinion of the abstract covering the property to be
included in the final plat shall be submitted in duplicate showing all taxes due shall have
been previously paid and that there are not outstanding liens or encumbrances on the
property. The names of all record title holders and any other information that might
otherwise affect the title of lots in the proposed subdivision shall be shown. The opinion shall
be written by an attorney admitted to the practice of law in the State of Iowa;
17. ADDITIONAL INFORMATION. Any other pertinent information, as necessary for the
review of the preliminary plat or as required by the Planning Commission or Supervisors.
18. FEE. The platting fee, as required by this ordinance and as established by resolution of the
19. ACCOMPANYING MATERIAL.
a. Deed restrictions or proposed covenants, if any, to be included in the owner's dedication
of the plat;
b. Written statement by the appropriate officials of the availability of gas, electricity, water,
sewer and other necessary infrastructure to the proposed subdivision;
c. Written and signed statements explaining how and when the subdivider proposes to
provide and install all improvements required by this ordinance. Such statement shall
acknowledge required inspections and approvals by the County Engineer.
Upon conditional approval of the preliminary plat, the owner of a subdivision or resubdivision
shall not be permitted to sell any lots or develop thereon until a final plat has been approved by
the Board of Supervisors and officially recorded with the Clay County Recorder.
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ARTICLE V
Final Plat Procedures and Data
Article V: Final Plat Procedures and Data
Section 5.1.
Section 5.2.
Section 5.3.
Final Plat Procedures
Requirements of Final Plat
Final Plat Attachments
Section 5.1. FINAL PLAT PROCEDURES.
In obtaining final approval of a proposed subdivision by the Board of Supervisors, the subdivider
shall submit a final plat in accordance with the following order and procedure:
1. The subdivider shall submit to the Planning and Zoning Commission for its approval,
disapproval or suggestions for modifications, all plans and information as required by this
ordinance, including ten (10) copies of the final plat and supplementary material. The
Commission shall refer one (1) copy to the County Engineer for review and recommendation.
One (1) copy of the final plat shall be GIS compatible in digital format suitable to the
county’s current GIS software.
2. The Planning and Zoning Commission shall study and consider the final plat, according to
the procedures set forth for preliminary plats in Section 4.3. Within thirty (30) days after
receipt of the final plat, the Planning and Zoning Commission shall transmit all copies of the
final plat along with its recommendations to the Supervisors. Said recommendations shall
include approval, disapproval or suggestions for modifications and reasons thereof. Said
recommendations shall be on an advisory nature only. If the Planning and Zoning
Commission does not act within thirty (30) days, the final plat shall be deemed to have
received a favorable recommendation in all respects and shall then receive due consideration
by the Board of Supervisors.
3. The Board of Supervisors shall then study and consider the final plat, according to the
procedures set forth for preliminary plats in Section 4.3. along with the recommendations of
the Planning and Zoning Commission and recommendations of the County Engineer. If the
same is acceptable and in accordance with this ordinance, the Board of Supervisors shall
approve or disapprove the final plat. If said plat is disapproved by the Board of Supervisors,
such disapproval shall point out in writing wherein said proposed plat is objectionable.
Approval of the final plat by the Board of Supervisors shall be null and void if the plat is not
recorded within thirty (30) days after date of approval, unless application for an extension of
time is granted during said thirty (30) day period.
4. The passage of a resolution by the Board of Supervisors accepting the plat shall constitute
final approval of the platting process of the area shown on the final plat. However, the
subdivider or owner shall cause such plat to be recorded in the office of the Clay County
Recorder, as provided in Chapter 354, Code of Iowa, and amendatory acts thereto.
Furthermore, the subdivider shall also file satisfactory evidence of such recording in the
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office of the County Auditor before the county shall recognize the plat as being in full force
and effect.
5. Final acceptance for recording purposes shall not constitute final acceptance by the county of
any improvements to be constructed. Improvements will be accepted only after their
construction has been completed.
Section 5.2. REQUIREMENTS OF FINAL PLAT.
The final plat shall conform substantially to the preliminary as approved, and may constitute
only a portion of the preliminary plat which the subdivider proposed to record and develop. The
final plat shall be made from an accurate survey by a registered engineer or surveyor and drawn
to a scale of one hundred (100) feet to one (1) inch or larger. The final plat shall show the
following:
1. The boundaries of the property, the lines of all proposed streets with their width, and any
other areas intended to be dedicated to public use. The boundaries shall be accurately tied to
the nearest section corner.
2. The lines of adjoining streets and alleys with their width and names.
3. All lot lines, building lines in accordance with the zoning ordinance and easements, with
figures showing their dimensions.
4. All dimensions, both linear and angular, necessary for locating boundaries of the subdivided
area, or of the lots, streets, alleys, easements, and building line setbacks, and any other
similar public or private uses. The linear dimensions shall be expressed in foot and decimals
of a foot.
5. Radii, arc and chords, points of tangency, central angles for all curvilinear streets, and radii
for rounded corners.
6. All surveyor’s monuments, together with their descriptions including ties to original
government corners.
7. Title and complete legal description of property subdivided, showing its location and extent,
points of compass, date, scale of plat, and certification and name of engineer or surveyor
staking the lots.
8. Profiles shall be made on mylar of all streets and alleys, fifty (50) feet horizontal scale and
five (5) feet vertical scale recommended. Profiles of east and west streets shall be drawn so
that the west end of the profile shall be at the left side of drawing and profiles of north and
south streets shall be drawn so that the north end of the profile shall be a the left side of the
drawing.
9. The accurate outline of all property which is offered for dedication for public use with the
purpose indicated thereon, and of all property that may be reserved by deed covenant for the
common use of the property owners in the subdivision.
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Section 5.3. FINAL PLAT ATTACHMENTS.
The final plat shall have the following attached when presented to the County Auditor for filing:
1. DESCRIPTION. A correct legal description or metes and bounds description of the
subdivided land.
2. ABSTRACT OF TITLE. A complete abstract of title and the opinion of a practicing attorney
showing that the fee title to the subdivision land is free from encumbrances other than those
secured by an encumbrance bond.
3. ATTORNEY’S OPINIONS. An attorney's opinion in duplicate showing that the fee title to
the subdivision land is in the owner's name as shown on the plat and showing any
encumbrances that may exist against said land.
4. CERTIFICATE OF DEDICATION. A certificate of dedication to the county, properly
executed, for all streets intended as public streets, and for any other property intended for
public use, except for areas outside the corporate limits.
5. COUNTY TREASURER CERTIFICATE. A certificate from the Clay County Treasurer that
the subdivision land is free from unpaid taxes. Certificate to be signed at time of plat filing.
6. AUDITOR’S FILING CERTIFICATE: A certificate from the County Auditor that
acknowledges the documents were filed in the office of the County Auditor.
7. AUDITOR’S APPROVAL CERTIFICATE: A certificate from the County Auditor to
approve the designation of the plat as an acceptable subdivision plat title of property.
8. ASSESSOR’S FILING CERTIFICATE: A certificate from the County Assessor that
acknowledges the documents were filed in the office of the County Assessor.
9. SURVEYOR’S CERTIFICATE: A certificate from a duly licensed land surveyor for the
purpose of subdividing and platting real estate.
10. DRAINAGE PLANS. Drainage plans for the removal of storm water. Grading shall be
designed so that all surface water shall be conducted to a street storm sewer or to a natural
water course. No water course shall be altered so as to divert surface drainage from one
watershed to another. Plats shall conform to any and all drainage districts.
11. SATISFACTORY IMPROVEMENTS. An engineer’s certificate submitted on behalf of the
owner or developer stating that the owner and/or subdivider warrant all required
improvements, installation and/or construction by this ordinance in accordance with the
construction plans as approved and in substantial compliance with the approved preliminary
plat for a period of two (2) years from and after the date of acceptance by the county. In lieu
thereof, the county may certify that a performance bond, cash payment or letter of credit
approved by the county guaranteeing completion has been approved by the County Attorney
and filed with the county, or that the governing body has agreed that the county will provide
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the necessary improvements and installations and assess the costs against the subdivider of
future property owners in the subdivision.
12. RESOLUTION ACCEPTING IMPROVEMENTS. Where the improvements have been
installed, a resolution accepting and approving such improvements along with the
maintenance bond required by this ordinance.
13. FEE. The applicable fee, if any.
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ARTICLE VI
Design Standards
Article VI: Design Standards
Section 6.1.
Section 6.2.
Section 6.3.
Section 6.4.
Section 6.5.
Section 6.6.
Section 6.7.
Section 6.8.
Section 6.9.
Section 6.10..
General Requirements
Acre Subdivision
Streets
Alleys
Railroads
Blocks
Lots
Character of Development
Easements
Plat Markers and Monuments
Section 6.1. DESIGN AND DEVELOPMENT STANDARDS.
The following design standards shall be followed by all developers in subdividing or
resubdividing land, except those plats referred to in Article IV, Section 10, Auditor’s Plats. The
standards and details of design herein contained are intended only as minimum requirements so
that the general arrangement and layout of a subdivision may be adjusted to a wide variety of
circumstances. However, in the design and development of a plat, the subdivider shall use
standards consistent with the site conditions so as to assure an economical, pleasant, and durable
neighborhood.
Section 6.2. ACRE SUBDIVISION.
Whenever the area is divided into lots containing one (1) or more acres and there are indications
that such lots will eventually be re-subdivided into smaller building lots, consideration shall be
given to the street and lot arrangement of the original subdivision so that additional minor streets
can be opened which will permit a logical arrangement of smaller lots.
Section 6.3. STREETS.
1. FRONTAGE OR MARGINAL ACCESS STREETS. Where the proposed subdivision abuts
upon or contains an existing or proposed arterial street or highway on which traffic volumes
and vehicular speeds warrant special safety considerations, the Board of Supervisors may
require that marginal access streets be provided in order that no lots front on such existing or
proposed arterial street or highway.
2. DEAD-END STREETS (CUL-DE-SACS). Minor terminal or dead-end streets or courts
which are designed so as to have one end permanently closed shall not be longer than five
hundred feet (500’) and shall be provided at the closed end with a turnaround having a radius
at the outside of the pavement of at least fifty feet (50’) and a radius at the outside of the
right-of-way of at least sixty feet (60’).
3. STREET NAMES. Proposed streets which are obviously in alignment with other already
existing and named streets shall bear the names of such existing streets. No street names shall
be used which will duplicate or be confused with the names of existing streets. Street names
shall be subject to the approval of the Board of Supervisors.
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4. STREET ALIGNMENT. The arrangement of streets in new subdivisions shall make
provision for the continuation of the principal existing streets in adjoining subdivisions, or
for a proper intersection where said streets in the new subdivision shall connect therewith, or
their proper projection where adjoining property is not subdivided insofar as they may be
necessary for public requirements. The width of such streets in new subdivisions shall not be
less than the minimum street widths established herein. The street arrangement shall also be
such as to cause no hardship to owners of adjoining property when they plat their own land
and seek to provide for convenient access to it.
5. HALF STREETS. The platting of half streets will not be permitted. Whenever a dedicated or
platted half street exists adjacent to the tract to be subdivided, the other half of the street shall
be platted.
6. FUTURE STREETS. Where the parcel of land is subdivided into larger tracts than ordinarily
used for building lots, such parcel shall be divided so as to allow for the opening and the
ultimate extension of adjacent minor streets. Easements, providing for the future opening and
extension of such streets or thoroughfares, may at the discretion of the governing body, be
made a requirement of the plat.
7. ACCESS STREETS. Where a subdivision abuts or contains an existing or proposed major
street or highway or arterial street, the Planning and Zoning Commission may require a
parallel access street, reverse frontage with screen planting contained in a non-access
reservation along the rear property line, deep lots with rear service alleys or such other
treatment as may be necessary for adequate protection of residential properties and to afford
separation of through and local traffic.
8. STREET OFFSETS. Streets with centerline offsets of less than one hundred and fifty (150)
feet shall be avoided.
9. PRIVATE STREETS. Subdivisions showing unplatted strips or private streets controlling
access to public ways will not receive approval.
10. DEDICATION OF STREETS. A dedication to the county shall be given for all streets before
the same will be accepted for county maintenance.
11. STREET RIGHT-OF-WAY. The dedication of right-of-way for streets measured from lot
line to lot line shall meet the following minimum standards. The Planning and Zoning
Commission and the Board of Supervisors shall reserve the right to request street right-ofways at a greater width than indicated if conditions of the site or subdivision demand such.
When the subdivision is located on only one side of an existing street, one half (1/2) of the
required right-of-way, measured from the center line of the existing roadway shall be
dedicated.
Arterial Streets
80-120 feet
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Collector Streets
Residential Streets
Frontage Roads
Alleys
80 feet
60 feet
50 feet
20 feet
12. STREET GRADES AND ELEVATIONS. All streets shall be designed so as to provide for
the discharge of surface water from the pavement and from the right-of-way by grading and
drainage. For adequate drainage, the minimum street grade shall not be less than one half of
one percent (0.5%). The Board of Supervisors shall not approve the streets which will be
subject to inundation or flooding. All streets must be located at elevations which will make
them flood-free in order that portions of the subdivision will not be isolated by floods. The
Board of Supervisors shall require profiles and elevations of streets in order to determine the
advisability of permitting the proposed subdivision activity.
Streets and alleys shall be completed to grades that have been officially determined or
approved by the County Engineer. All streets shall be graded to the full width of the
right-of-way and adjacent side slopes graded to blend with the natural ground level.
Street Type
Percent Grade (maximum)
Main and Secondary thoroughfares
6
Minor or Local Streets
10
13. CURVES IN STREETS.
a. Horizontal Curves. A tangent at least one hundred feet (100’) along shall be introduced
between reverse curbs on arterial and collector streets. Where there is a deflection angle
of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate
to insure safe sight distance shall be made. The minimum radii of curve shall be:
Street Type
Minimum Curve Radius
Arterial
300 feet
Collector
300 feet
Minor
100 feet
b. Vertical Curves. Every change in grade shall be connected by a vertical curve constructed
so as to afford a minimum sight distance to two hundred feet (200’), said sight distance
being measured from a driver's eyes, which are assumed to be four and one-half feet
(4½’) above the pavement surface, to an object four inches (4”) high on the pavement.
Profiles of all streets showing natural and finished grades, drawn to an approved scale,
shall be required by the Board of Supervisors.
14. STREET INTERSECTIONS.
a. Streets shall intersect as nearly as possible at right angles, and no intersection shall be at
an angle of less than sixty (60) degrees.
b. Street curb intersections shall be rounded by radii of at least twenty (20) feet. When the
smallest angle of street intersection is less than seventy-five (75) degrees, the Board of
Supervisors may require curb radii of greater length. Wherever necessary to permit the
construction of a curb having a desirable radius without reducing the sidewalk at a street
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corner shall be rounded or otherwise set back sufficiently to permit such curb
construction.
c. No lot or other parcel of land which abuts on and has access to either a collector or a
minor street shall have a service drive, curb cut, or other means of access to an arterial
street within seventy-five (75) feet of the right-of-way of any street which intersects such
arterial street on the side on which such lot or parcel is located.
Section 6.4. ALLEYS.
Alleys may be required in business areas and industrial districts, and except where justified by
unusual conditions alleys will not be approved in residential districts.
1. Alleys may be provided to grant access to the rear of all lots used for commercial and
industrial purposes; except that the County Engineer may waive this where other definite and
assured provisions have been made for service access, such as off-street loading, unloading
and parking consistent with and adequate for the uses proposed.
2. Alleys shall not be provided in residential blocks except in cases where the subdivider
produces evidence of the need for alleys which is satisfactory to the Board of Supervisors.
3. The width of any alley shall be a minimum of twenty feet (20’).
4. Dead-end alleys shall be provided with a means of turning around at the dead-end thereof.
Section 6.5. RAILROADS.
If a railroad is involved, the subdivision plan should:
1. Be so arranged as to permit, where necessary, future grade separation at highway crossings of
the railroad
2. Border the railroad with a parallel street at a sufficient distance from it to permit deep lots to
go back onto the railroad, or form a buffer strip for park, commercial, or industrial use
3. Provide cul-de-sacs at right angles to the railroad so as to permit lots to back thereunto
Section 6.6. BLOCKS.
1. No block shall be longer than one thousand three hundred twenty feet (1,320’), or less than
three hundred feet (300’) except as the Board of Supervisors deems necessary to ensure
efficient use of land or desired features of street layout.
2. At street intersections, block corners shall be rounded with a radius of not less than twentyfive feet (25’) unless at any one intersection a curve radius has been previously established,
then such radius shall be used as standard.
Section 6.7. LOTS.
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Generally, the lot design shall be such that all lots provide satisfactory and desirable building
sites properly related to topography, drainage, sanitation and the character of adjacent
developments.
1. Relationship to Streets. Each lot shall be provided by means of a public street or acceptable
private drive with satisfactory access to a public street.
2. Arrangement. Each lot in a subdivision shall contain a building site completely free from the
danger of flooding.
3. Dimensions. The minimum lot dimensions shall be in accordance with the bulk regulations of
the zoning ordinance for the district within which the subdivision is located; provided,
however, that the minimum depth for a lot shall be one hundred (100) feet.
4. Corner lots. Corner lots shall be of such width as to permit adequate building setbacks on
both front and side streets as required by the zoning ordinance.
5. Double Frontage Lots. Double frontage or through lots, other than corner lots, shall be
avoided except where their use will produce definite advantages in meeting special situations
in relation to topography, sound site planning and proper land use. The front and rear of
double frontage lots shall be identified on the plat and no access will be allowed from the
rear yard street.
6. Lot Lines. In all lots so far as possible, the side lines shall be at right angles to straight street
lines or radial to curved street lines, except where a variation of this rule will provide a better
street and lot layout.
Section 6.8. CHARACTER OF DEVELOPMENT.
The Planning and Zoning Commission shall have the right to agree with the subdivider regarding
the type and character of development that will be permitted in the subdivision, and may require
that certain minimum regulations regarding this matter be incorporated in deed restrictions. Such
regulations shall be intended to protect the character and value of the surrounding development
and shall also tend to secure the most appropriate development of the property being subdivided.
Section 6.9. EASEMENTS.
1. Except where alleys are permitted for the purpose, the Board of Supervisors shall require
easements at least twelve feet (12’) in width centered along all rear lot lines for poles, wires,
conduits, storm sewers, sanitary sewers, gas mains, water mains, heat mains, and other utility
facilities. Where necessary or advisable in the opinion of the Board of Supervisors similar
easements shall be provided along such other lot lines as may be required by public and
private utility companies.
2. Easements of greater width may be required for trunk lines, pressure lines, open drainage
courses or high voltage lines and shall be provided as determined by a utility or the Board of
Supervisors.
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3. If the Board of Supervisors deems it necessary for proper drainage within or through a
subdivision, it shall require that a storm water easement or drainage right-of-way be
provided.
4. Utility easements shall convey to the utility provider, its successors and assigns, the perpetual
right within the areas shown on the plat and described in the easement, to construct,
reconstruct, operate and maintain electric lines consisting of poles, wires, cables, fiber optic
lines, conduits, fixtures, anchors and other similar equipment, including the right to trim or
remove trees within such areas where necessary to secure a safe clearance from the wires or
poles.
5. Whenever any stream or important surface water course is located in an area that is being
subdivided, the subdivider shall, at their own expense, provide and dedicate to the county an
easement along each side of the stream, which easement shall be for the purpose of widening,
improving, or protecting the stream so that it will properly carry the surface water and for the
purpose of installation of public utilities. The waterway easement shall be adequate to
provide for these purposes, but in no case shall such easement be less than thirty feet (30’)
plus stream design width and a total width adequate to provide for any channel straightening
or relocations.
Section 6.10. PLAT MARKERS AND MONUMENTS.
1. Permanent plat markers shall be placed at all block corners, angle points, points of curves in
streets, lot corners and all such intermediate points with an iron pin or pipe monument at
least thirty inches (30”) long, five-eights (5/8”) in diameter re-rod, with a surveyor’s
identification cap attached, or as per State Code.
2. A permanent bench mark shall be accessibly placed within the subdivision, the elevation of
which shall be referred to the U.S.G.S. datum and accurately noted on the subdivision plat.
3. Developer shall provide the county with GPS (Global Positioning System) coordinates on all
plat markers.
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ARTICLE VII
IMPROVEMENTS
Article VII: Improvements
Section 7.1.
Section 7.2.
Section 7.3.
Section 7.4.
Section 7.5.
Section 7.6.
Section 7.7.
Section 7.8.
Section 7.9.
Installation of Improvements
Resubdivisions
Suitability of the Land
Required Improvements
General Requirements for Installation of Utilities
Specifications
As Builts
Guarantee
Acceptance and Maintenance
Section 7.1. INSTALLATION OF IMPROVEMENTS.
The subdivider shall be responsible for the installation and construction of all improvements
required by this ordinance, and shall warrant the design, materials, and workmanship of such
improvements, installation and/or construction for a period of two (2) years from and after the
date of approval of the final plat. Such warrant shall be by bond or other acceptable collateral
subject to review by the County Attorney. It shall specifically assure the expedient repair or
replacement of defective improvements under warranty; and shall indemnify the county from any
and all costs or losses resulting from, attributed to, etc., such defective improvements.
Before the Board of Supervisors approves the final plat, all of the foregoing improvements shall
be constructed and accepted by formal resolution of the Board. Before passage of said resolution
of acceptance, the County Engineer shall report that said improvements meet all county
specifications and ordinances or other requirements and agreements between the subdivider and
the county. This requirement may be waived if the subdivider will post a performance bond,
letter of credit or certified check with Clay County, guaranteeing that said improvements will be
constructed within a period of one (1) year from final acceptance of the plat; however, if a
performance bond is posted, final acceptance of the plat will not constitute final acceptance by
the county of any improvements to be constructed. Improvements will be accepted only after
their construction has been completed. If a performance bond, cash bond or letter of credit is
posted, such bond or letter shall be subject to review by the County Attorney prior to acceptance,
shall specifically assure the expedient installation and completion of all improvements within the
specified construction time period, and shall indemnify Clay County, Iowa, from any and all
costs or losses of the development and construction.
The Board of Supervisors may waive the requirements of this ordinance for the construction and
installation of some or all of the improvements in cases of dedications of land or rights-of-way to
public use where such dedication is in excess of the needs of the subdivision and is desired by a
public agency in lieu of a purchase or condemnation proceeding.
Section 7.2. RESUBDIVISIONS.
The Board of Supervisors may waive the requirements for the construction and installation of
some or all of the foregoing improvements in cases of resubdivisions where only the size, shape
and arrangement of the lots is being changed and no new streets are required and in case of
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dedications of land or rights-of-way to public use where such dedication is in excess of the needs
of the subdivision and is desired by a public agency in lieu of a purchase or condemnation.
Section 7.3. SUITABILITY OF THE LAND FOR SUBDIVISION.
If the Board of Supervisors finds that land proposed to be subdivided is unsuitable for
subdivision development due to flooding, bad drainage, steep slopes, rock formations, and other
such conditions as may increase the danger of health, life, or property or aggravate erosion or
flood hazards; and, if, from adequate investigations, conducted by all the public agencies
concerned, it has been determined that in the best interest of the public the land should not be
platted and developed for the purpose proposed, the Board of Supervisors shall not approve the
land for subdivision unless adequate methods are formulated by the subdivider for meeting the
problems that will be created by the subdivision and development of the land.
1. If a subdivision is found to be unsuitable for any of the reasons cited in this section the
Planning and Zoning Commission or Board of Supervisors shall state its reasons in writing
and afford the proprietor an opportunity to present data regarding such unsuitability.
Thereafter, the Planning and Zoning Commission or Board of Supervisors may re-affirm,
modify or withdraw its determination of unsuitability.
2. The Board of Supervisors may refuse to approve what it considers to be scattered or
premature subdivision of land which would involve danger or injury to the public health,
safety, welfare, or prosperity by reason of lack of adequate water supply, schools, proper
drainage, or which would necessitate an excessive expenditure of public funds for the supply
of such services as undue maintenance costs for adequate roads.
3. All lots located within a floodplain shall contain adequate area above the elevation of
flooding for essential and planned installations. All land in a subdivision that lies in a
floodplain shall be:
 Shown on the individual lots in the preliminary plat, and
 Encouraged to remain as open space for use by all the lots in the subdivision
 Shall comply with the Clay County Zoning Ordinance or any other specific floodplain
ordinance of the county.
4. Subdivisions (including mobile home parks) shall be consistent with the need to minimize
flood damages and shall have adequate drainage provided to reduce exposure to flood
damage.
Section 7.4. REQUIRED IMPROVEMENTS.
The subdivider shall install and construct all improvements required by this section. All required
improvements shall be installed and constructed in accordance with the specifications and under
the supervision of the County Engineer and all utilities managers and to the satisfaction of the
Board of Supervisors. The subdivider shall furnish the County Engineer with a construction
schedule prior to commencement of any and/or all construction, and shall notify the County
Engineer not less than twenty-four (24) hours in advance of readiness for required inspections.
1. STREET GRADING. The subdivider shall grade and improve all new streets between the
right-of-way lines within the subdivided area. The subdivider shall, whenever necessary,
grade any portion of the property subdivided into lots so that each lot will be usable and
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suitable for the erection of residences or other structures thereon. All streets and alleys within
the platted area dedicated for public use shall be brought to grade at the subdivider’s cost as
approved by the Board of Supervisors after receiving the report and recommendation of the
County Engineer.
2. STREET IMPROVEMENTS. The paving on such new streets shall be built according to the
standards and specifications of the County Engineer, but in no case shall it consist of less
than a concrete curb and gutter, and asphaltic concrete laid on a stabilized base approved by
the County Engineer or six (6) inches of reinforced portland cement concrete with integral
curb and gutter. Minimum pavement widths shall be in accordance with the requirements of
the County Engineer. On arterial and major thoroughfare streets or highways where a higher
standard or greater thickness is herein required, the additional cost may be borne by the
county.
3. SIDEWALKS. The subdivider shall, at the subdivider’s expense, be required to install
sidewalks with a minimum width of four feet (4’) and a minimum thickness of four inches
(4”) of Portland concrete cement However, where the property is platted in lots having an
area of at least 20,000 square feet and a width of at least 100 feet, requirements may be
waived. The sidewalks shall be constructed to the grade approved by the County Engineer. If
the Planning Commission does not recommend the waiver of sidewalk improvements, then
the Board of Supervisors must approve the waiver by a super majority or 75% vote in the
affirmative.
4. STREET SIGNS. The developer or subdivider shall provide the subdivision with acceptable
street signs at the intersection of all streets.
5. NATURAL PLANTINGS. Trees and shrubs may be planted within the street right-of-way or
utility or drainage easements, where approved by the Board of Supervisors. Plantings and
fences at intersections shall be so located as to maintain adequate sight distance according to
regulations identified in the Clay County Zoning Ordinance.
6. SANITARY SEWERS. Where, in the opinion of the Board of Supervisors, a public sanitary
sewer system is reasonably accessible or available to the proposed subdivision, the
subdivider shall construct a subdivision sewer system to adequately serve all lots and connect
the subdivision system to the public system after the County Engineer and the Board of
Supervisors has approved the size of the lines. The developer shall stub a sewer service line
into each lot being developed. Where lots in the area of planning jurisdiction cannot be
served by the extension of an existing public sanitary sewer, the subdivider shall obtain
approval of lot sizes for individual septic tanks and disposal fields from the County
Environmental Health Officer. Where a private water supply or sewage system is proposed,
the subdivider shall furnish evidence that these facilities have been approved by a registered
engineer, licensed in the State of Iowa subject to the discretion of the County Environmental
Health Officer. Furthermore, sanitary sewer collection and treatment systems shall be
approved by the Iowa Department of Natural Resources and such other agency or department
of the state as shall from time to time be designated and charged with the regulatory authority
over use, installation and maintenance of sanitary sewer facilities. Where oversized sewers
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are required to serve other areas of the watershed or subdivision, the additional cost may be
borne by the county, utility provider on a proportionate or shared level, or assessed on an
area basis to the properties served.
7. WATER SUPPLY. Where in the opinion of the Board of Supervisors the public water supply
is reasonably accessible or available to the proposed subdivision, the subdivider shall
construct a complete water distribution system which shall adequately serve all lots. Where a
public water supply is not within a reasonable distance or otherwise unavailable the
subdivider shall normally be required to construct a similar water distribution system and
connect it with an alternate water supply approved by the County Environmental Health
Officer. All water mains that serve or in the opinion of the county shall serve in the future for
fire protection shall have a minimum diameter of six inches (6”). Where oversized mains are
required to serve other areas, the additional cost may be borne by the county, the water
service provider on a proportionate and shared level, or assessed on an equal basis to the
properties served. Water service lines shall be installed to the property line of all platted lots
and terminated by a curb stop by the developer. If the Board of Supervisors approves the use
of individual wells, lot sizes shall meet its approval.
8. STORM WATER DRAINAGE. All necessary improvements and adequate provisions shall
be made to provide for the disposal of storm water, including storm sewers or open drainage
ditches, culverts, retention ponds, stormwater basins, complete bridges, storm sewers,
intakes, and manholes to provide for the collection and removal of all surface water and to
maintain any natural drainage course. Storm water drainage can not exceed pre-development
flow rates. All construction shall be in accordance with plans approved by the appropriate
County or City Engineer or by other officials having jurisdiction over a drainage district or
watershed district. These improvements shall extend to the boundaries of the subdivision so
as to provide for extension by adjoining properties. Where oversize storm sewers or drainage
structures are required to serve other areas of the watershed, the additional cost may be borne
by the county or assessed on an area basis to the properties served.
9. MARKERS. The subdivider shall, at the subdivider’s expense, place markers or monuments
as required in Article VI, Section 6.7.
Section 7.5. GENERAL REQUIREMENTS FOR INSTALLATION OF UTILITIES.
The Board and Commission may require that all utility lines except electric lines of nominal
voltage in excess of 15,000 volts, be installed underground. The subdivider shall be responsible
for making the necessary arrangements with the utility companies for installation of such
facilities. If overhead utility lines or wires are permitted, they shall be placed in the easements
provided in the rear of the lots. In their determination on whether or not to require underground
utilities, the Board and Planning and Zoning Commission may consider that soil, topographical,
or other conditions make such installations within the subdivision unreasonable or impractical.
Utilities shall be provided in rear lot easements wherever possible. When it is necessary to install
utilities in street rights-of-way, the following requirements shall apply. After grading is
completed and approved and before any pavement base is applied, all of the in-street
underground work (water mains, gas mains, sewer mains, etc., and all related lot, service
connections) shall be completely installed and approved through the length and breadth of the
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street and across the flat section. Where rock is known to exist beneath the pavement area and at
such depth as to interfere with the jacking of service connections, the complete installation of
service connections before any base is applied shall be required. In cases where underground
utilities must be provided within the right-of-way of streets, they should not be installed under
the paved portions of such streets.
Section 7.6. SPECIFICATIONS.
Plans and specifications shall be submitted to the county for approval prior to construction; and
construction shall not be started until plans and specifications have been approved.
Section 7.7. AS BUILT.
The developer shall furnish the county with a complete set of copies of as-built drawings at the
completion of the installation of utilities.
Section 7.8. GUARANTEES.
The completion requirement for platting, herein provided, may be waived in whole or in part if
the developer will post one of the following guarantees with the Board of Supervisors ensuring
that improvements not completed will be constructed within a period of one (1) year. Waiver of
the completion requirement by the Board of Supervisors, upon posting of a satisfactory bond
with sureties approved by the Board shall not constitute an acceptance by the county of any
improvements to be constructed. Improvements will be accepted only after their construction has
been completed.
1. Performance Bond. The subdivider shall post with the Board of Supervisors a bond equal to
the engineer’s approved estimate of construction costs guaranteeing satisfactory completion
of all improvements in a period not exceeding one (1) year from the date of the bond. This
bond is to be furnished by a reputable bonding company maintaining an office in the State of
Iowa. If a performance bond is posted, such bond shall be subject to review by the County
Attorney prior to acceptance; and shall indemnify Clay County from any and all costs or
losses of the development and construction. Even if a performance bond is posted, final
acceptance of the plat will not constitute final acceptance by the county of any improvements
to be constructed.
2. Cash Bond. The subdivider shall deposit in cash with the Board of Supervisors an amount
equal to the engineer’s approved estimate of the cost of construction of all improvements.
Progress payments may be made to the subdivider or the contractor, as work progresses on
the written order of the county.
3. Special Assessments. In the case of partially dedicated streets, streets not wholly within the
proposed subdivision or streets where other adjacent property owners are involved, the
subdivider may petition the Board of Supervisors to have the necessary improvements
constructed and assessments levied against the property owners.
The Board of Supervisors may waive the requirements of this ordinance for the construction and
installation of some or all of the improvements in cases of dedications of land or rights-of-way to
public use where such dedication is in excess of the needs of the subdivision and is desired by a
public agency in lieu of a purchase or condemnation.
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Section 7.9. ACCEPTANCE AND MAINTENANCE.
Upon completion of all improvements required by this ordinance, and upon submission of
satisfactory proof to the Board of Supervisors or other public agency that such improvements
have met the standards and requirements of the county or other public agency and are installed
on public property, approved and recorded rights-of-way or easements, the Board shall by
resolution accept the following portions of such improvements for the purpose of ownership and
maintenance by the county or other public agency:
1.
2.
3.
4.
5.
6.
All hard surfaced streets, including curbs and gutters if installed
Alleys and alley approaches.
All water mains, associated valves, and fire hydrants.
That portion of a customer’s water service line from the main “T” to the property line.
Sewer mains, manholes and lift stations, but not including any portion of a service line.
Stormwater retention practices and/or their associated catch basins or retention ponds.
The County Engineer or other designated inspector shall make a final inspection of all streets,
utilities and other improvements as required. The subdivider shall maintain all improvements for
two (2) years after completion as verified by the final inspection. Maintenance shall be
guaranteed by cash deposited with the county or by the posting of a maintenance bond in the
amount of five percent (5%) of the estimated cost of the improvements.
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ARTICLE VIII
PUBLIC SPACE DEDICATIONS
Article VIII: Public Space Dedications
Section 8.1.
Section 8.2.
Park, Open Space & Public Use Dedications
Other Public Space Regulations
Section 8.1. PARK, OPEN SPACE & PUBLIC USE DEDICATIONS.
In a new subdivision, where any planned or proposed public use, public parks, public recreation
areas, or public access to water frontage which is shown on an official map or on the future land
use map as part of the county’s comprehensive plan is located in whole or in part in the
applicant’s proposed subdivision, the Board of Supervisors may require the dedication or
reservation of such public open space within the proposed subdivision.
Section 8.2. OTHER PUBLIC SPACE REGULATIONS.
1. Public spaces shall, wherever possible, be located contiguous to other such areas in adjacent
subdivisions, in order to provide for maximum use of the resulting area. Such areas shall be
shown on the preliminary plat. The Board of Supervisors may not approve a site which is
undesirable for such public or civic uses.
2. If the county’s comprehensive plan requires a public open space within the proposed
subdivision, the subdivider shall reserve the area for purchase by the appropriate public
agency within one (1) year from the endorsement date of the final plat. The purchase price of
such land shall be equivalent to the value of said land as established by the last available
Clay County assessment rolls. After such time, the subdivider may re-plat such property for
the subdivider’s own purposes.
3. Natural features, historic sites, and similar county assets shall be preserved in parks and open
spaces within the subdivision.
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ARTICLE IX
ADMINISTRATION, ENFORCEMENT & AMENDMENT
Article IX: Administration, Enforcement & Amendment
Section 9.1.
Section 9.2.
Section 9.3.
Section 9.4.
Section 9.5.
Section 9.6.
Section 9.7.
Section 9.8.
Fees Established
Variations and Exceptions
Enforcement
Penalties
Chain Subdividing
Changes and Amendments
Validity
Repealer
Section 9.1. FEES ESTABLISHED.
The Board of Supervisors shall, from time to time, establish by resolution fees for review of
subdivision plats. Each preliminary plat submitted for approval shall be accompanied by a fee to
be determined by resolution of the Board. No fees shall be charged for public land plats
submitted by any governmental entity, plats submitted by any school board, or plats of property
reserving or dedicating land to the county provided no other subdivision of land is shown
thereon.
Section 9.2. VARIATIONS AND EXCEPTIONS.
Whenever the tract proposed to be subdivided is of such unusual size or shape or is surrounded
by such development or unusual conditions that the strict application of the requirements
contained in this ordinance would result in substantial hardships or injustices, the Board of
Supervisors upon recommendation of the Planning and Zoning Commission may modify or vary
such requirements to the end that the subdivider is allowed to develop his property in a
reasonable manner. However, all such variations and exceptions granted hereunder shall be in
harmony with the intended spirit of this ordinance and granted with the view toward protecting
the public interest and welfare. In granting any variance, the Planning and Zoning Commission
may recommend and the Board of Supervisors may prescribe appropriate conditions and
safeguards. Violation of such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this ordinance. It is specifically
herein provided that any variance, modification or waiver by the Board of Supervisors under the
provisions of this section shall be granted only by the affirmative vote of seventy five percent
(75%) of the members of the Board.
It is provided that any specific variance, modification or waiver granted under this provision
shall in no way affect the future and subsequent enforcement of this ordinance. Any variance,
modification or waiver by the county under this provision shall not be construed to amend or
nullify either the intent or purpose of this ordinance. Under no circumstances shall any variance
or modifications be greater than the least variance or modification of the ordinance requirement
necessary to provide substantial justice; and in no instance shall such variation or modification
be in conflict with any zoning ordinance.
Section 9.3. ENFORCEMENT.
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In addition to other remedies and penalties prescribed by law, the provisions of this ordinance
shall not be violated subject to the following:
1. No plat or subdivision shall be entitled to be recorded with the County Recorder, nor shall
any plat or subdivision have any validity until it complies with the provisions of this
ordinance and has been approved in the manner prescribed herein.
2. The Zoning Administrator shall not issue zoning compliance permits for any structure
located on a lot in any subdivision, the plat of which has been prepared after the date of the
adoption of this ordinance but which has not been approved in accordance with the
provisions contained herein, and until any and all improvements required by this ordinance
have been completed and accepted by the county.
3. The Board of Supervisors shall not permit any public improvements, over which it has
control, to be made from the County Road Fund or any money expended for improvements
or maintenance in any area that has been subdivided or upon any street that has been platted
after the date of the adoption of this ordinance unless such subdivision or street has been
approved in accordance with the provisions of this ordinance contained herein. Streets not
accepted by the Board of Supervisors for addition to the Secondary Road System shall be
considered private roads.
Section 9.4. PENALTIES.
It shall be unlawful for the owner, or the agent of an owner, who knowingly or with intent to
defraud, transfers, disposes or sells or agrees to sell or negotiates to sell such land before such
plat has been approved, acknowledged and recorded as provided by this ordinance and Chapter
354, Code of Iowa, shall forfeit and pay a penalty of not less than one hundred dollars ($100) per
day and not more than five hundred dollars ($500.00) per day for each lot so transferred,
disposed of, leased or offered for sale. Additionally, any building erected in violation of this
ordinance shall be deemed an unlawful structure and the Zoning Administrator or other
appropriate official may bring action to enjoin such erection or cause it to be vacated or
removed.
Section 9.5. CHAIN SUBDIVIDING.
No more than two (2) building permits for principal use structures shall be issued for each
separate tract existing at the effective date of this ordinance unless the tract has been platted in
accordance with this ordinance. Except, this provision shall not limit the number of building
permits that may be issued for accessory buildings as defined within the zoning ordinance or
additions or improvements to a main or accessory building already legally located upon said
tract.
Section 9.6. CHANGES AND AMENDMENTS.
Any provisions of these regulations may be changed and amended from time to time by the
Board of Supervisors; provided, however, that such changes and amendments shall not become
effective until after study and report by the Planning and Zoning Commission. The commission
shall report within thirty (30) days after which the Board of Supervisors shall give notice of and
hold a public hearing on the proposed amendment. Such notice shall be published in a newspaper
of general circulation at least once, not less than four (4) or more than twenty (20) days before
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the date of the public hearing. The amendment shall become effective from and after its adoption
and required publication.
Section 9.7. SEVERABIITY CLAUSE.
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared by the courts to be invalid or unconstitutional for any reason whatsoever, such decision
shall not affect the validity of the remaining portion of this ordinance which shall remain in full
force and effect and to this end the provisions of this ordinance are declared to be severable.
Section 9.8. REPEALER.
Effective on the effective date of this ordinance, the previous subdivision regulations ordinance
(adopted March 12, 1996) and amendments thereto are hereby repealed. The repeal of said
ordinance shall not have the effect to release or relinquish any penalty, forfeiture or liability
incurred under said ordinance or any part thereof, and such ordinance and all parts thereof shall
be treated as still remaining in force for the purpose of instituting or sustaining any proper action
or prosecution for the enforcement of such penalty, forfeiture or liability. No final plat of land
within the force and effect of the zoning ordinance shall be approved unless it conforms to this
ordinance. Nothing contained herein shall serve to abrogate, limit, repeal, or otherwise modify
any other ordinance or regulation except as expressly set forth herein. If any provision of this
ordinance conflicts with the provisions of any other ordinance, regulation, or statute, the most
restrictive applies.
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ARTICLE X
Effective Date
Section 10.1. EFFECTIVE DATE.
This ordinance shall be in full force and effect from and after its adoption and publication as
required by law and as provided for in Chapter 380.6 and 380.7 of the Code of Iowa.
(Code of Iowa, Sec. 380.6[1]; Sec. 380.7[3]; and Sec. 362.3)
ARTICLE XI
Adoption
SUBDIVISION REGULATIONS ORDINANCE OF CLAY COUNTY, IOWA
NOW THEREFORE, BE IT ORDAINED BY THE
BOARD OF SUPERVISORS OF CLAY COUNTY
Passed and approved by resolution of the first ordinance reading on February 12, 2011
Passed and approved by resolution of the second ordinance reading on February 26, 2011
Passed and approved by resolution of the third and final ordinance reading on May, 10, 2011
Adopted into the Clay County Code of Ordinances on May 17, 2011
Joe Skow
Chair, Clay County Board of Supervisors
ATTEST:
Marjorie A. Pitts
Clay County Auditor
215
EDITOR’S NOTE
The following ordinances have been adopted amending the official Clay County subdivision
ordinance and have not been included as a part of this ordinance, but have been specifically saved
from repeal and are in full force and effect.
AMENDMENT ORDINANCE NUMBER
DATE ADOPTED
216
Attachment A
PRELIMINARY PLAT CHECKLIST FOR SUBDIVISIONS
Preliminary Plat Pre-Application Conference with county officials. Date held:
____________________
Concept Plan
_____ Location of subdivision
_____ Vicinity map
_____ Street and block layout
_____ Drainage courses
_____ Proposed land uses
Date of Filing of Preliminary Plat with the county:
60 Day Planning Commission action time limit:
60 Day Time Limit for Supervisors Further Study and Action:
10 copies of Preliminary Plat, containing or accompanied by:
1. Title, scale, north arrow, date and official legal description of property being platted
2. Name of subdivision
3. Names and addresses of the recorded owner, developer and person preparing the plat
4. Key Map at a legible scale showing the general location in relation to surrounding
developments
5. Names and locations of adjacent subdivisions and names of owners of property within
500 feet of the proposed subdivision
6. Location of all existing or proposed buildings, railroads, underground utilities, and
other rights-of-way
7. Show a minimum of at least two (2) contour lines
8. Boundaries of the proposed subdivision, showing dimensions, bearing, angels and
references to section, townships and range lines or corners
9. Location, names and widths of all existing and proposed roads, alleys, streets and
highways and their right-of-ways
10. Proposed layout of lots, showing lot numbers, dimensions, setback lines, and square
feet
11. Present or proposed easements showing location, width, purpose and limitations
12. Present or proposed utility systems or services with the location and size or capacity of
water, sewer and storm sewers and other water control or drainage structures
13. Existing and proposed zoning classifications of the land
14. A statement indicating the plat was prepared by a registered land surveyor of the State
of Iowa or under the direct supervision of a registered surveyor, with the surveyor’s
registration number or seal
217
15. Any other pertinent information as deemed necessary and requested by the Planning
Commission or Board of Supervisors
16. Any areas proposed to be dedicated for public use
17. The required platting fee
18. Accompanying material as identified in Section 4.4 of the Clay County Subdivision
Ordinance
218
Attachment B
FINAL OR MINOR PLAT CHECKLIST FOR SUBDIVISIONS
Preliminary Plat Approval, if not a Minor Plat
Date: ____________________
Date of Filing of Preliminary Plat, if not a Minor Plat:
60 Day Planning Commission action time limit:
60 Day Time limit for Supervisors Further Study and Action
10 copies of Final or Minor Plat, containing:
1. Scale used shall be clearly stated, and graphically illustrated by a bar scale drawn on every
sheet showing any portion of the land subdivided. Larger subdivisions that require more than
one sheet shall show match lines and references
2. Title or name of the subdivision under which it is to be recorded
3. Name and address of the owner and fee title to the real estate contained within the subdivision
4. A scale, north arrow and date on each sheet
5. Location, type, materials and size or all monuments and markers including all official
benchmarks
6. Accurate metes and bounds description of the boundary
7. All property owners located within 500 feet of the proposed subdivision and adjacent
subdivisions shall be identified and named
8. Lot numbers and dimensions
9. Accurate dimensions for any property to be dedicated or reserved for public use
10. Accurate locations of all existing and recorded streets along with street names
11. Location and descriptions of easements for utilities and any limitations on such easements
12. Any protective covenants or restrictions to be imposed upon the plat
13. Accurate boundary lines with dimensions and angels which provide a survey of the tract
14. A statement indicating the plat was prepared by a registered land surveyor of the State of
Iowa or under the direct supervision of a registered surveyor, with the surveyor’s registration
number or seal
15. Include all of the required Final Plat Attachments as identified in Section 5.3 of the Clay
County Subdivision Ordinance, of which shall include:

Correct legal description or metes and bounds description of the subdivided land

Abstract of Title

Attorney’s Opinion

Certificate of Dedication

County Treasurer Certificate

County Auditor Certificates

County Assessor Certificate

Surveyor Certificate
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Drainage Plans

Satisfactory Improvements

Resolution Accepting Improvements
16. The required platting fee.

17. Performance bond if improvements are incomplete, or other performance guarantee
acceptable to Supervisors
220
2.4 CROPS PLANTED IN ROW
221
CLAY COUNTY CROPS PLANTED IN ROW ORDINANCE, NO. 2.4
An Ordinance Relating To Crops Planted In The Clay County Secondary Road Right-Of-Way.
The following ordinance having been duly considered and passed by the Clay County Board of
Supervisors, is hereby enacted by Clay County, Iowa:
WHEREAS, Clay County finds that the County has the responsibility to maintain the right-ofway of secondary roads within the unincorporated areas of clay County, and;
WHEREAS, Clay County has determined that the growing of crops in the road right-of-way is
detrimental to the proper maintenance of the rights of way, causing possible obstructions, visual
and otherwise, and potentially interfering with drainage in the road ditch.
NOW THEREFORE, the following ordinance is adopted:
1. No owner of any property adjoining any road which forms a part of the Clay County
secondary road system shall plant, cultivate, grow, or permit, suffer, tolerate or allow to be
grown, any crop, grain, or other agricultural plant, within the road right-of-way which
adjoins the property owned by that person or entity. The agricultural plants prohibited by
this ordinance include but are not limited to, corn, soybeans, oats, and alfalfa. The owner of
the adjoining property shall be responsible for these acts irrespective of whether the owner is
actively engaged in farming of the land in question, and irrespective of whether the right-ofway is owned outright by the County or is an easement.
2. In the event that any person or entity should commit or suffer the commission of any of the
acts described in 1, above, Clay County, through the County Engineer or his designee, shall
send a copy of this ordinance by regular United States mail, postage prepaid, in an envelope
addressed to the offending party at that person's last know address as shown by the tax
records maintained by the Clay County Treasurer. The mailing of this ordinance shall
constitute notice to the offending party that if the agricultural plants, as defined in 1 above,
are not mowed or removed within 20 days of the date of mailing, then the offending party
shall commit a simple misdemeanor. Each day that the agricultural plants as defined in 1,
remain after 20 days from the date of said notice, shall constitute a separate violation of this
ordinance; and any offending party may be separately prosecuted for each day that the
violation remains.
The violation of any of the provisions of this ordinance shall constitute a simple misdemeanor.
Any person, farm or corporation who violates any of the provisions of this ordinance by any
action or failure or refusal to act, shall, upon conviction, be subject to the maximum penalty
allowable by law for a simple misdemeanor. Each day that a violation exists shall constitute a
separate offense.
222
2.5 FIELD DRIVEWAYS, ROCKS AND OBSTRUCTIONS
223
FIELD DRIVEWAYS, ROCKS AND OBSTRUCTIONS ORDINANCE, NO. 2.5
An ordinance relating to field driveways, rocks and obstructions in secondary roads right-of-way.
The following ordinance having been duly considered and passed by the Clay County Board of
Supervisors, is hereby enacted by Clay County, Iowa:
WHEREAS, Clay County has the responsibility to maintain the right-of-way of secondary roads
within the unincorporated areas of Clay County, and;
WHEREAS, Section 319.14, Iowa Code, prohibits any person from excavating, filling or making
any physical change within the right-of-way of a public road or highway without obtaining a
permit from the highway authority having jurisdiction of the public road or highway, and;
WHEREAS, Clay County has determined that procedures should be established relative to the
obtaining of such permits and for enforcement of the prohibitions contained in paragraph 319.14.
NOW THEREFORE, the following ordinance is adopted:
1. No owner of any property adjoining any road which forms a part of the Clay County
secondary road system shall construct a field driveway or other entrance, deposit rock or
other refuse, or excavate, fill or make any physical change within the right-of-way of any
such road, nor shall any such owner permit or allow any such construction of a field
driveway or other entrance, depositing of rock or other refuse, or the excavating, filling or
making of any physical change within the right-of-way of any such road, without first
obtaining a permit from the Clay County Engineer.
The owner of the adjoining property shall be responsible for these acts irrespective of
whether the owner is actively engaged in the farming of the land in question, and irrespective
of whether the right-of-way is owned outright by the County or is an easement.
2. Any person who is the owner of property adjoining any road which forms a part of the Clay
County Secondary Road System, where there is located a field driveway, a deposit of rock or
other refuse, or excavation or filling or physical changes which have been placed or
accomplished without a permit, must, within 45 days after receipt of notice from the Clay
County Engineer of the existence of the offending condition, remove said condition.
3. In the event that any person or entity should commit or suffer the commission of any of the
acts described in paragraphs 1 and 2, above, Clay County, through the County Engineer or
his designee, shall send a copy of this ordinance, and a letter explaining the transgression, by
regular United States mail, postage prepaid, in an envelope addressed to the offending party
at that person's last known address as shown by the tax records maintained by the Clay
County Treasurer. The mailing of this ordinance shall constitute notice to the offending
party that if the condition is not rectified within 20 days of the date of mailing, then the
offending party shall commit a simple misdemeanor. Each day that the condition remains
after 20 days from the date of said notice, shall constitute a separate violation of this
ordinance; and any offending party may be separately prosecuted for each day that the
violation remains.
The violation of any of the provisions of this ordinance shall constitute a simple misdemeanor.
Any person, firm or corporation who violates any of the provisions of this ordinance by any
action or failure or refusal to act, shall upon conviction, be subject to the maximum penalty
allowable by law for a simple misdemeanor.
224
2.6 PURCHASE OF TAX SALE CERTIFICATES ON PARCEL WITH DELINQUENT
TAXES
225
PURCHASE OF TAX SALE CERTIFICATE ON PARCEL WITH DELINQUENT TAXES
ORDINANCE, NO. 2.6
An ordinance relating to the purchase of tax sale certificates on parcels with delinquent taxes.
Section 1. Purpose. The purpose of this ordinance is to allow the county and the cities within
the county the opportunity to utilize Iowa Code 1999 Section 446.19A, as amended by the 78th
General Assembly. Iowa Code Section 456.19A authorizes counties and cities to bid for and
purchase tax sale certificates on abandoned property to promote low or moderate income
housing.
Section 2. Definitions. For the purposes of this ordinance, the following terms shall be defined:
a) “abandoned” means the same as in Iowa Code 657A.1(1).
b) “public nuisance” means the same as in Iowa Code 657A.1(7).
c) “low or moderate income families” means the same as in Iowa Code 403.17.
Section 3. Purchasing Delinquent Taxes. Pursuant to Iowa Code 446.19A, as amended by the
78th General Assembly, the county and each city in the county are hereby authorized to bid on
and purchase delinquent taxes and to assign tax sale certificates of abandoned property acquired
under Iowa Code 446.19A.
Section 4. Procedure. On the day of the regular tax sale or any continuance or adjournment of
the tax sale, the county treasurer on behalf of the county or a city, may bid for and purchase tax
sale certificates on abandoned property or public nuisance property assessed as residential
property or as commercial multifamily housing property a sum equal to the total amount due.
The county or city shall not pay money for the purchase, but each of the tax-levying and taxcertifying bodies having any interest in the taxes shall be charged with the total amount due the
tax-levying or tax-certifying body as its just share of the purchase price.
Section 5. Verified Statement. Prior to the purchase, the county or city shall file with the
county treasurer a verified statement that a parcel to be purchased is abandoned and deteriorating
in condition, or is likely to become, a public nuisance, and that the parcel is suitable for use for
low or moderate income housing following rehabilitation.
Section 6. Assignment of Tax Sale Certificates. After the date that a parcel is sold pursuant to
Iowa Code 446.18,446.38, or 446.39, if the parcel assessed as residential property or as
commercial multifamily housing property is identified as abandoned or a public nuisance
pursuant to a verified statement filed pursuant to Section 5, a county or city may require the
assignment of the tax sale certificate that had been issued for such parcel by paying to the holder
of such certificate the total amount due on the date the assignment of the certificate is made to
the county or city and recorded with the county treasurer. If the certificate is not reassigned by
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the county or city, the county or city whichever is applicable, is liable for the tax sale interest that
was due the certificate holder pursuant to Iowa Code 447.1, as of the date of reassignment.
Section 7. Purchase of Tax Sale Certificates. The county or city may assign or reassign the
tax sale certificate obtained pursuant to this ordinance. Preference shall be given to purchasers
who are low or moderate income families or organizations that assist low or moderate income
families to obtain housing. Persons who purchase certificates from the county or city pursuant to
this ordinance are liable for the total amount due the certificate holder pursuant to Iowa Code
447.1.
Section 8. Intent to Rehabilitate the Property. All persons who purchase certificates from the
county or city under this ordinance shall demonstrate the intent to rehabilitate the property for
habitation if the property is not redeemed. In the alternative, the county or city may, if title to the
property has vested in the county or city under Iowa Code 448.1, dispose of the property in
accordance with Iowa Code 331.361 or 364.7, as applicable.
Section 9. Repealer. Any ordinance or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 10. Severability. If any section, provision or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a
whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
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2.7 ASSESSMENT OF WIND ENERGY CONVERSION PROPERTY
228
ASSESSMENT OF WIND ENERGY CONVERSION
PROPERTY ORDINANCE, NO. 2.7
Title: Assessment of Wind Energy Conversion Property
Be it enacted by the Board of Supervisors of Clay County, Iowa:
Section 1. Purpose. The purpose of this ordinance is to provide for the special valuation of
wind energy conversion property pursuant to Iowa Code Chapter 427B.26.
Section 2. Definitions. For use in this ordinance, certain terms and words used herein shall be
interpreted or defined as follows:
(a) "NET ACQUISITION COST" means the acquired cost of the property including all
foundations and installation cost less any excess cost adjustment.
(b) "WIND ENERGY CONVERSION PROPERTY" means the entire windplant including,
but not limited to, a wind charger, windmill, wind turbine, tower and electrical
equipment, pad mount transformers, power lines, and substation.
Section 3. Authority to Establish. The Board of Supervisors is authorized, pursuant to Iowa
Code Chapter 427B.26 to provide by ordinance for special valuation of wind energy conversion
property as provided in Section 4.
Section 4. Establishment. Pursuant to Iowa Code Chapter 427B.26, a special valuation of wind
energy conversion property is allowed in lieu of the valuation assessment provisions in Iowa
Code Chapter 442.21(9)(b) and (c), and Iowa Code Chapters 428.24 to 428.29. The special
valuation shall only apply to wind energy conversion property first assessed on or after January
1, 1994, and on or after the effective date of this ordinance.
Section 5. Amount of Valuation. Wind energy conversion property first assessed on or after
the effective date of the ordinance shall be valued by the county assessor for property tax
purposes as follows:
(a) For the first assessment year, at zero percent (0%) of the net acquisition cost.
(b) For the second through sixth assessment years, at a percent of the net acquisition cost
which rate increases by five percent (5%) each assessment year.
(c) For the seventh and succeeding assessment years, at thirty percent (30%) of the net
acquisition cost.
Section 6. Declaration of Special Valuation. The taxpayer shall file with the county assessor
by February 1 of the assessment year in which the wind energy conversion property is first
assessed for property tax purposes, a declaration of intent to have the property assessed at the
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value determined under Section 5 lieu of the valuation assessment provisions in Iowa Code
Chapter 441.21(9)(b) and (c), and Iowa Code Chapters 428.24 to 428.29.
Section 7. Reporting Requirements. The following reports shall be filed annually with the
County Assessor by the taxpayer; in the first year, with the declaration of intent as prescribed in
Section 6; and by Feb. 1 of each year thereafter:
(a) Copy of Asset ledger sheet to IRS;
(b) Engineering breakdown of component parts;
(c) Tower numbering system;
(d) Name of contact person, phone number, FAX number, and mailing address;
(e) Report of all leased equipment, the name(s) of the company(s) it is leased from, and
the agreement between the lessor and lessee regarding who is responsible for the
property tax on the leased equipment.
Section 8. Repeal of Special Valuation. If in the opinion of the Board of Supervisors
continuation of the special valuation provided under Section 4 ceases to be of benefit to the
county, the Board of Supervisors may repeal the ordinance. Property specially valued under
Section 4 prior to repeal of the ordinance shall continue to be valued under Section 4 until the
end of the nineteenth (19th) assessment year following the assessment year in which the property
was first assessed.
Section 9. Repealer. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 10. Severability Clause. If any section, provision, or other part of this ordinance shall
be adjudged invalid or unconstitutional, said adjudication shall not affect the validity of the
ordinance as a whole or any section, provision, or other part thereof not adjudged invalid or
unconstitutional.
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Title 3. Public Safety
231
3.1 PROHIBITING DRUGS AND DRUG PARAPHERNALIA
232
CLAY COUNTY ORDINANCE PROHIBITING DRUGS AND DRUG PARAPHERNALIA,
NO. 3.1
An ordinance prohibiting the possession, display, sale or distribution of drug paraphernalia.
WHEREAS, the illegal use of controlled substances constitutes a major threat to public health
and safety; and WHEREAS, the possession, display, sale or distribution of drug paraphernalia
promotes, fosters, and enables the illegal use of controlled substances: and,
WHEREAS, the County Attorney has been asked to prepare a legally enforceable ordinance
prohibiting the possession, display, sale or distribution of drug paraphernalia in Clay County;
and
WHEREAS, the Board of Supervisors of Clay County has now received, reviewed and
considered the proposed ordinance and finds that its adoption would discourage the illegal use of
controlled substances and could promote public health, safety and welfare:
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Clay County as
follows:
Section 1. There is hereby adopted the following ordinance regarding drug paraphernalia:
A. DEFINITIONS. For purposes of this ordinance the term “drug paraphernalia” shall
mean: All equipment, products, and materials of any kind which are used, intended for
use, or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting,
inhaling or otherwise introducing into the human body a controlled substance in violation
of the laws of this state. “Drug paraphernalia” includes, but is not limited to:
1. Testing equipment used, intended for use, or designated for use in identifying or in
analyzing the strength, effectiveness, or purity of controlled substances under
circumstance in violation of the laws of this state:
2. Scales and balances used, intended for use, or designed for use in weighing or
measuring controlled substances:
3. Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from or in otherwise cleaning or refining marijuana;
4. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
designed for use in compounding controlled substances;
5. Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances;
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6. Containers and other objects used, intended for use, or designed for use in storing or
concealing controlled substances; or
7. Objects uses, intended for use, or designed for use in ingesting, inhaling, or otherwise
introducing marijuana, cocaine, hashish, hashish oil or other illegal controlled
substance into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screen, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana
cigarette that has become too small or too short to be held on the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; or
m. Ice pipes or chillers.
B. POSSSESSION, SALE OR DISTRIBUTION PROHIBITED: It shall be unlawful for
any person to possess, to sell, offer for sale, display, furnish, supply or give away any
drug paraphernalia.
The prohibition contained in this section shall not apply to manufacturers, wholesalers,
jobbers, licenses medical technicians, nurses, hospitals, physician, dentists, veterinarians,
pharmacists, or embalmers engaged in the normal lawful course of their respective
businesses or professions, nor to common carriers or warehousers or their employees
engaged in lawful transportation of such paraphernalia, nor to public officers or employee
while engaged in the performance of their official duties.
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C. PENALTIES AND REMEDIES:
(1) Any violation of this section shall be a simple misdemeanor.
(2) The County may institute civil proceedings to obtain injunctive and declaratory relief
or such other orders of the court as are reasonable and proper to abate practices,
conditions or circumstances found to be contrary to or prohibited by the provisions of
this ordinance.
D. EVIDENCE IF VIOLATION: In determining whether an object is drug paraphernalia, a
court, in its discretion, may consider, in addition to all other relevant factors, the
following:
(1) Statements by an owner of by anyone in control of the object concerning its use;
(2) The proximity of the object to controlled substances;
(3) The existence of any residue of controlled substances on the object,
(4) Direct or circumstantial evidence of the knowledge of any owner, or of anyone in
control of the object, or evidence that such person reasonable should know, that it
will be delivered to persons who he knows, or reasonable should know, could use the
object to facilitate a violation of this chapter.
(5) Instruction, oral or written, provided with the object concerning its use;
(6) Descriptive materials accompanying the object which explain or depicts its use;
(7) National or local advertising concerning its use;
(8) The manner in which the object is displayed for sale;
(9) Whether the owner, or anyone in control of the object, is a supplier of like or related
items to the community for legal purposes, such as an authorized distributor or dealer
of tobacco products;
(10)
The existence and scope of legal uses for the object in the community;
(11)
Expert testimony concerning its use;
Section 2. All ordinances or parts or ordinances in conflict with the provisions of this ordinance
are hereby repealed.
235
Section 3. If any section, provision or part of this ordinance shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any
section, provision, or part thereof not adjudged invalid or unconstitutional.
Section 4. This ordinance shall be in effect following its final passage, approval and publication
as provided by law.
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3.2 HAZARDOUS WASTE AND HAZARDOUS SUBSTANCES
237
CLAY COUNTY HAZARDOUS WASTE AND HAZARDOUS SUBSTANCES
ORDINANCE, NO. 3.2
An ordinance requiring that persons having control over a hazardous substance or hazardous
waste shall at their own cost clean up any hazardous conditions resulting from them and
providing remedies for the county to clean up hazardous conditions if the person having control
over a hazardous substance or hazardous waste fails to do so, and to recover the damages and
costs for the county, and establishing criminal penalties for certain violations.
Section 1. Purpose. In order to reduce the danger to public health, safety, and welfare from the
leaks and spills and other hazardous conditions caused by hazardous substances or hazardous
waste, these regulations are promulgated to establish responsibility for the treatment, removal,
and cleanup of leaks and spills and other hazardous conditions within the County limits, and
provide criminal penalties for certain violations.
Section 2. Construction. The Ordinance shall be broadly construed to effectuate it purposes.
Section 3. Definitions. For purposes of this Chapter, these words have the following meanings.
1. “Hazardous waste” means a waste or combination of wastes that, because of its
quantity, concentration, biological degradation, leaching from precipitation, or physical,
chemical or infectious characteristics, has either of the following effects.
[a] Causes, or significantly contributes to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible, illness.
[b] Poses a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. “Hazardous waste” may include, but is not
limited to, wastes that are toxic, corrosive or flammable or irritants,
strong sensitizes or explosives.
2. “Hazardous waste” does not include the following.
[a] Agricultural wastes, including manure’s and crop residues that are returned
to the soil as fertilizers or soil conditioners.
[b] Source, special nuclear, or by-product material as defined in the Atomic
Energy Act of 1954, as amended to January 1, 1979.
3. “Hazardous substance” means any substance or mixture of substances that presents a
danger to the public health or safety, and includes, but is not limited to, a substance that is
toxic, corrosive, or flammable, or that is an irritant, or generates pressure through
decomposition, heat, or other means. “Hazardous substance” may include any hazardous
waste identified or listed by the administrator of the United States Environmental
Protection Agency under the Solid Waste Disposal Act as amended by the Resource
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Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307
of the Federal Water Pollution Control Act as amended to January 1, 1977, or any
hazardous material designated by the Secretary of Transportation under the Hazardous
Materials Transportation Act.
4. “Hazardous condition” means any situation involving the actual, imminent, or probable
spillage, leakage, or release of a hazardous waste or hazardous substance into the land,
into a water of the State, or into the air/atmosphere which creates an immediate or
potential danger to the public health or safety or to the environment. For the purpose of
this division, a site which is an abandoned or uncontrolled disposal site as defined in
Section 455B.411, subsection 1, is a hazardous condition.
5. “Person having control over a hazardous substance or hazardous waste” means any
person, corporation, partnership, firm, associate, cooperative or government agency or
any kind, who at any time produces, handles, stores, uses, transports, refines, or disposes
of a hazardous substance or hazardous waste, the release of which creates a hazardous
condition, including bailees, carriers, and any other person in control of a hazardous
substance or hazardous waste when a hazardous condition occurs, whether the persons
owns the hazardous substance or hazardous waste, or is operating under a lease, contract,
or other agreement with the legal owner of the hazardous substance or hazardous waste.
6. “Cleanup” means actions necessary to contain, collect, control, identify, analyze,
cleanup, treat, disperse, remove, or dispose of a hazardous substance or hazardous waste.
7. “Treatment” means a method, technique, or process, including neutralization designed
to change the physical, chemical, or biological character or composition of a hazardous
substance or hazardous waste so as to neutralize it or to render the substance nonhazardous, safer for transport amenable for recovery, amenable for storage, or to reduce it
in volume. Treatment includes any activity or processing designed to change the physical
form or chemical composition of hazardous substance or hazardous waste to render it
non-hazardous.
Section 4. Clean Up Required. Whenever a hazardous condition is created in
Clay County by the deposit, injection, or dumping, spilling, leaking, or placing of a hazardous
substance or hazardous waste, so that the hazardous substance or hazardous waste may enter the
environment, or be emitted into the air, or discharged into any waters, including ground waters,
the person having control over the hazardous substance or hazardous waste shall cause the
condition to be remedied by a clean up, as defined in the preceding section, as rapidly as feasible
to an acceptable, safe condition.
If that person does not cause the clean up to begin in a reasonable time in relation to the hazard
and circumstances of the incident, the County may, by an authorized officer, give reasonable
notice, based on the character of the hazardous condition, said notice setting a deadline for
accomplishing the clean up, and stating that the County will proceed to procure clean up service,
and bill the person having control over a hazardous substance or hazardous waste.
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If the bill for those services is not paid within thirty [30] days, the Board of Supervisors may
authorize the County Attorney to proceed to obtain payment by all legal means. The authorized
officer shall report the non-payment to the Board of Supervisors and may immediately seek any
State or Federal funds available for said clean up. The Board of Supervisors may at any time
authorize the County Attorney to seek injunctive relief concerning the hazardous conditions from
a Court or agency.
Section 5. Liability for Cleanup Costs. The person having control over a hazardous substance
or hazardous waste shall be strictly liable to the County for all of the following.
1. The reasonable cleanup costs incurred by the County as a result of the failure of the
person having control over a hazardous substance or hazardous waste, to clean up
pursuant to this Ordinance or any State or Federal law or regulation, the hazardous
substance or hazardous waste involved in the hazardous condition.
2. The reasonable costs incurred by the County to evacuate people from the area threatened
by the hazardous substance or hazardous waste involved in the hazardous condition.
3. The reasonable damages to the County for the injury to, destruction of, or loss of, any and
all County property, including parks and roads, caused by the hazardous substance or
hazardous waste involved in a hazardous condition.
4. All other reasonable costs or damages incurred by the County caused by the hazardous
substance or hazardous waste involved in a hazardous condition or the cleanup of it.
All persons having control over a hazardous substance or hazardous waste shall be jointly and
severally liable under this Ordinance.
Section 6. Notifications.
1. A person having control over a hazardous substance or hazardous waste shall notify the
Clay County Emergency Management Coordinator and the Clay County Sheriff of the
occurrence of a hazardous condition as soon as possible, but no later than [6] hours after
the onset of the hazardous condition or discovery of the hazardous condition. The Clay
County Emergency Management Coordinator shall notify the proper State Office in the
manner established by the State of Iowa.
2. Any County employee or any member of a law enforcement agency who discovers a
hazardous condition shall notify the Clay County Emergency Management Coordinator
and the Clay County Sheriff. The Clay County Emergency Management Coordinator
shall notify the appropriate County Departments and the proper State Office in the
manner established by the State.
Section 7. Police Authority. If the circumstances reasonably so require, the Clay County
Sheriff or the Clay County Emergency Management Coordinator, or any other peace officer or
law enforcement officer may:
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1. Order the evacuation of persons from their homes to areas away from the site of the
hazardous condition.
2. Order the establishment of perimeters or other boundaries at or near the site of a
hazardous condition, and limit access to cleanup personnel.
3. Issue any other reasonable order to ensure the safety of persons or property or the
containment of the hazardous condition.
No person shall disobey a lawful oral or written order issued under this section by the Clay
County Emergency Management Coordinator, Clay County Sheriff, or any other peace officer or
law enforcement officer issued under this section.
Section 8. Penalty. Any person, corporation, partnership, firm, associate, cooperative, or
government agency of any kind, who violates the provisions of Sections 6 or 7 of this Ordinance
shall be guilty of a simple misdemeanor. A simple misdemeanor violation under this Ordinance
shall carry a maximum penalty of $100, plus surcharge and costs, or a sentence not to exceed
thirty [30] days in the County jail. Each day of violation shall constitute a separate offense.
Section 9. Liability. The County shall not be liable to any person for claims of damages,
injuries or losses resulting from any hazardous condition, except if the County is the person
having control over a hazardous substance or hazardous waste.
Section 10. Repealer. All Ordinances or parts of Ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section 11. Severability Clause. If any section, provision, or part of this Ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole of any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 12. When Effective. This Ordinance shall be in effect from and after its final passage,
approval, and publication as provided by law.
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3.3 NUISANCE
242
CLAY COUNTY NUISANCE ORDINANCE, NO. 3.3
An ordinance prohibiting the maintenance of a nuisance in Clay County, Iowa, and providing for
the abatement and prosecution of nuisances.
Section 1. Nuisances Prohibited. The creation or maintenance of a nuisance is hereby
prohibited, and a nuisance, public or private, may be abated or penalized in the manner provided
in this ordinance.
Section 2. Nuisance Defined. A nuisance shall be defined as whatever is injurious to health,
indecent or unreasonably offensive to the senses or an obstacle to the free use of property so as
essentially to interfere with the comfortable enjoyment of life or property. For purposes of this
ordinance, land, buildings or structures primarily used for agriculture or agricultural related
purposes, while so used, or fugitive elements including, but not limited to, dust, soot, debris,
odors, fumes, noises, and storm water run-off, resulting from generally accepted agricultural
practices shall not be included within the definition of nuisance. The following are specifically
declared to be nuisances:
1. The erecting, continuing or using any building or other place where the exercise of any
trade, employment, or manufacture, which, by occasioning noxious exhalations,
unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to
the health, comfort, or property of individuals or the public.
2. The causing or suffering any offal, filth, or noisome substance to be collected or to
remain in any place to the prejudice of others.
3. The obstructing or impeding without legal authority the passage of any navigable river,
harbor, or collection of water.
4. The corrupting or rendering unwholesome or impure the water of any river, stream, or
pond, or unlawfully diverting the same from its natural course or state, to the injury or
prejudice of others.
5. The obstructing or encumbering by fences, buildings, or otherwise the public roads,
private ways, streets, alleys, commons, landing places, or burying grounds.
6. The depositing or storing of flammable junk, such as old rags, rope, cordage, rubber,
bones, and paper, unless it be in a structure of fireproof construction.
7. The dumping or storing of any industrial, commercial or household appliances outside of
a permitted salvage yard, storage facility or sanitary landfill. The storing, other than in an
enclosed building, of a junk vehicle. A junk vehicle is a vehicle that has been left on a
property for more than thirty days and lacks current license plates or lacks two or more
tires or other parts which render the vehicle inoperable.
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8. The excessive storing of tires, batteries, scrap metal, dismantled or partially dismantled
motor vehicles, vehicle parts, wooden pallets, or unused and discarded lumber not
associated with a permitted salvage yard, storage facility or sanitary landfill.
Section 3. Notice to Abate Nuisance. Whenever the Clay County Sanitarian, Clay County
Board of Health, or other authorized county officer finds that a nuisance exists, she shall cause to
be served upon the property owner as shown by the records of the County Auditor a written
notice to abate the nuisance within a reasonable time after notice. Property owner is defined as a
contract purchaser if there is one of record; otherwise, the record holder of legal title.
Section 4. Contents of Notice to Abate. The notice to abate shall contain:
1. A description of what constitutes the nuisance.
2. The location of the nuisance.
3. A statement of the act or acts necessary to abate the nuisance.
4. A reasonable time within which to complete the abatement.
5. A statement that if the nuisance is not abated as directed and no request for hearing has
been made within the time prescribed, the county may prosecute the owner or abate the
nuisance and assess the costs against the property owner.
Section 5. Method of Service. The notice may be sent by certified mail to the property owner
as shown by the records of the county auditor or may be served by the Clay County Sheriff.
Section 6. Request for Hearing and Appeal. Any person ordered to abate a nuisance may
have a hearing before the Clay County Board of Health as to whether a nuisance exists. A
request for hearing must be made in writing and delivered to the Board of Health within the time
for abatement stated in the notice, or it will be conclusively presumed that a nuisance exists and
the county may proceed with abatement as provided in Section 7.
At the conclusion of the hearing, if any, the Board of Health shall render a written decision as to
whether a nuisance exists. If it finds that a nuisance exists, it shall order it abated and prescribe
additional time which must be reasonable under the circumstances.
Section 7. Abatement by County. If the person notified to abate a nuisance neglects or fails to
abate as directed, the county may perform the required action to abate, and assess the costs
against the property for collection in the same manner as a property tax.
Section 8. Abatement in Emergency. If it is determined that an emergency exists by reason of
the continuing maintenance of the nuisance, the county may perform any action which may be
required to abate the nuisance without prior notice and assess the costs against the property for
collection after notice to the property owner and hearing.
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Section 9. Installment Payment of Costs of Abatement. If any amount assessed against
property for abatement of a nuisance exceeds $100, a county may permit the assessment to be
paid in up to ten annual installments in the same manner and with the same interest rates as
special assessments on benefited property.
Section 10. Criminal Prosecution. Any person violating any provision of this ordinance shall
be deemed guilty of a simple misdemeanor and, upon conviction thereof, shall be punished by a
fine of not more than $500 and/or by imprisonment of not more than thirty days in the Clay
County jail. Each and every day during which such illegal action exists or continues may be
deemed a separate offense.
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3.4 EPHEDRINE AND PSEUDOEPHEDRINE PRODUCTS
246
CLAY COUNTY EPHEDRINE AND PSEUDOEPHEDRINE PRODUCTS ORDINANCE, NO.
3.4
1. It is the purpose and intent of the Clay County Supervisors to promote the health, safety
and welfare of the citizens of Clay County, Iowa, and to combat the use or manufacturing
of methamphetamine. Ephedrine and pseudoephedrine are legal substances for the sale to
the public. These substances are used in the manufacture of methamphetamines and
should be controlled. It is the public policy of the State of Iowa to protect our citizens
from the use or distribution of methamphetamine or its byproducts.
2. A retailer shall not sell, and a person shall not purchase, in a single transaction, more than
two packages containing pseudoephedrine as the product’s sole active ingredient.
3. A retailer who offers for sale a product containing pseudoephedrine as the product’s sole
active ingredient shall comply with all provisions of Section 126.23A, Iowa Code,
regarding the sale of said products, and the failure to do so shall be a violation of this
ordinance.
4. Penalty. An employee of a retailer who sells packages containing pseudoephedrine or a
person who purchases packages containing pseudoephedrine in violation of this
ordinance commits a simple misdemeanor, punishable to the same extent as punishments
imposed for the same violations under Section 126.23A, Iowa Code.
5. Definitions. All words and phrases used in this ordinance shall have the same meaning as
the same words when used in Section 126.23A, Iowa Code.
6. Limitations of application. This county ordinance shall be coextensive with Section
126.23A, Iowa Code, and shall not apply to any activity which is not illegal under the
code.
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3.5 CURFEW
248
CLAY COUNTY CURFEW ORDINANCE, NO. 3.5
Section 1. Curfew Established. Unless accompanied by a parent, guardian or other adult
specifically authorized by law, no minor under the age of sixteen years shall remain upon any of
the alleys, streets, or public places of the county or within any business establishment of the
county between the hours of 12:00 midnight and 6:00 a.m. the following day.
Unless accompanied by a parent, guardian or other adult specifically authorized by law, no minor
who has attained the age of sixteen years but has not attained the age of eighteen years shall
remain upon any of the alleys, streets, or public places of the county or within any business
establishment of the county between the hours of 1:00 a.m. and 6:00 a.m. the following day.
Section 2.
ordinance:
Exceptions.
The following are exceptions to the curfew established in this
1. The minor is accompanied by their parent, guardian or other adult specifically authorized
by law, or adult authorized by a parent or guardian to have custody or control of the
minor.
2. When the minor is on the sidewalk or property where the minor resides, or property
immediately on either side of the place where the minor resides and the adult responsible
for the minor has given permission for the minor to be there.
3. A minor is present at or is traveling between home and one of the following:
a.
Minor’s place of employment in a business, trade or
occupation, in which the minor is permitted by law to be
engaged, or, if traveling, within one hour after the end of
work.
b.
Minor’s place of religious activity, or, if traveling, within
one hour after the end of the religious activity.
c.
Governmental or political activity, or, if traveling, within
one hour after the end of the activity.
d.
School endorsed activities, including parent sponsored
activities and community education sponsored activities
organized in cooperation with the school, or, if traveling,
within one hour after the end of the activity.
e.
Participation in a meeting, gathering or assembly for the purpose
or exercising rights and privileges granted to all citizens, including
minors, under the First Amendment of the United States
Constitution.
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4. The minor is on an emergency errand for a parent, guardian, or other adult specifically
authorized by law. Emergency errand means, but is not limited to, an errand relating to a
fire, natural disaster, automobile accident, other accidental injury or serious illness, or any
other situation requiring immediate action to prevent further serious illness, bodily injury, or
loss of life.
5. Minor is engaged in interstate travel through the county beginning, ending, or passing
through the county when such travel is by direct route.
Section 3. Responsibility of Adults. It shall be a violation of this ordinance for any parent,
guardian, or other person charged with the care and custody of any minor to allow or permit such
minor to violate the provisions of this ordinance.
Section 4. Enforcement. A violation of this ordinance shall be punishable by a fine of $100.
Violations may be charged by uniform citation pursuant to the provisions of Chapter 805, Code
of Iowa. A violation of this ordinance by a minor is not an offense within the jurisdiction of the
juvenile court pursuant to Section 232.8, Code of Iowa.
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3.6 KEG REGISTRATION
251
CLAY COUNTY KEG REGISTRATION ORDINANCE, NO. 3.6
1.
2.
3.
4.
5.
6.
7.
8.
Title
Purpose
Registration / Return Procedure
Keg Possession Requirements / Restrictions
Keg Sticker / Label Prohibitions
Violations / Penalty
Severability Clause
Effective Date
Section 1. Title. An ordinance providing for the registration and documentation of retail sales of keg
alcoholic beverages.
Section 2. Purpose. The identification of purchasers/providers of keg alcoholic beverage for
consumption by underage persons is a major law enforcement concern in Clay County, Iowa. When keg
alcohol is found where underage persons are present it is necessary to readily identify those responsible.
The investigation of crimes involving the furnishing of alcohol to minors and related crimes involving
keg alcoholic beverages is inhibited by the inability to identify who purchased the keg alcohol.
Registration/identification information must be available on all keg alcohol beverage in Clay County
Iowa. Individual identification number, purchaser and retail seller identity information will better enable
law enforcement to identify providers of keg alcoholic beverages to underage persons. Therefore, it is in
the public interest to place reasonable keg registration/identification rules as hereinafter set forth.
Section 3. Registration/Return Procedure. All retail sales/purchases of alcoholic beverage by keg
container of 2 gallon volume or more in Clay County, Iowa, for off site (at a location which does not
hold a liquor license) consumption must comply with the following registration, documentation and
labeling requirements and restrictions imposed by this ordinance:
A.
Purchasers shall provide a current government issued photo identification with
the purchaser’s name, address, and individual identification number to the seller
who shall then record and document that information in a log. The log shall also
contain the individual keg identification assigned to the keg by the seller, and
include the date of sale and indicate that the photo identification that was
produced was matched to the purchaser. The log shall also contain some identifier
of each person, owner/employee who sold to each purchaser. This information
shall be kept by the seller for a minimum period of six months from the date of
sale;
B.
Sellers shall assign, record and attach to each retail keg sold for off site
consumption an individual keg identification label/sticker, at or before the time of
sale to the purchaser, and the label/sticker shall also include a prominent warning
thereon that it is illegal to alter, damage or remove the label/sticker from the keg;
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C.
Sellers of keg alcohol shall obtain the individual keg identification label/stickers
from the Clay County Sheriff’s Office which shall record to whom the
label/stickers are distributed and shall restrict the distribution of the label/stickers
to licensed alcoholic beverage retailers. The Sheriff shall keep the record of
distribution for one year. The Sheriff shall be entitled to charge a reasonable fee
for the individual keg identification label/stickers based upon the cost of
procuring those identification stickers;
D.
Sellers shall collect a deposit in an amount set by the retailer for each keg.
Purchasers shall return kegs to the retail seller where it was purchased with the
individual keg identification label/sticker attached, intact and legible on or before
sixty (60) days from the date of sale or the deposit shall be forfeited;
E.
Sellers shall record the date on which the keg is returned, who returned the keg
and indicate whether the keg identification label/sticker is present or absent by
notation on the log;
F.
Sellers shall remove the individual keg identification label/stickers from the kegs
when they are returned. The old label/stickers are to be destroyed;
G.
Sellers shall produce keg registration logs/records to law enforcement upon
request.
H.
This ordinance does not apply to keg sales to liquor license permittees.
Section 4. Keg Possession Requirements/Restrictions. No person shall possess a keg
container of alcoholic beverage of 2 gallons or more which was purchased in Clay County, Iowa,
for consumption, after the effective date of this ordinance, without an intact and legible
individual keg identification label/sticker attached (except for retail sellers of keg alcohol and
liquor license permittees).
Section 5. Keg Sticker/Label Prohibitions. No person shall alter, damage, destroy or remove the
individual keg label/sticker which is described and required by this ordinance or other county
ordinance/law after it has been attached to the keg (except retail sellers of keg alcohol).
Section 6. Violation/Penalty. A seller or purchaser or other person who violates any of the above
requirements and/or restrictions imposed by this ordinance shall be subject to a fine not to exceed $500
or a term of imprisonment not to exceed 30 days.
Section 7. Severability Clause. If any of the provisions of this ordinance are for any reason illegal or
void, then the lawful provisions of this document, which are separable from the unlawful provision shall
be and remain in full force and effect, the same as if the ordinance contained no illegal or void
provisions.
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3.7 ISOLATION AND QUARANTINE
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CLAY COUNTY ISOLATION AND QUARANTINE ORDINANCE, NO. 3.7
1.1 Applicability. The provisions of rule 1.12 are applicable in jurisdictions in which a local
board has adopted this rule by reference in accordance with Iowa Code Section 137.6. This rule
shall not be construed to require a local board to adopt this model regulation.
1.2 Definitions.
“Board” means Clay County Board of Health.
“Department” means the Iowa department of public health.
“Isolation” means the separation of persons or animals presumably or actually infected with a
communicable disease, or who are disease carriers, for the usual period of communicability of
that disease. Isolation shall be in such places, marked by placards if necessary, and under such
conditions to prevent the direct or indirect conveyance of the infectious agent or contagion to
susceptible individuals.
“Quarantinable disease” means any communicable disease which presents a risk of serious harm
to public health and which may require isolation or quarantine to prevent its spread.
“Quarantinable disease” includes but is not limited to cholera; diphtheria; infectious tuberculosis;
plague; smallpox; yellow fever; viral hemorrhagic fevers, including Lassa, Marburg, Ebola,
Crimean-Congo, South American, and others not yet isolated or named; and severe acute
respiratory syndrome (SARS).
“Quarantine” means the limitation of freedom of movement of persons or animals that have been
exposed to a communicable disease, within specified limits marked by placards, for a period of
time equal to the longest usual incubation period of the disease. The limitation of movement
shall be in such manner as to prevent the spread of a communicable disease.
1.3 General provisions.
a) Voluntary confinement. Prior to instituting mandatory isolation or quarantine pursuant to
this rule, the board may request that an individual or group of individuals voluntarily
confine themselves to a private home or other facility.
b) Quarantine and isolation. The board is authorized to impose and enforce quarantine and
isolation restrictions. Quarantine and isolation shall rarely be imposed by the board. If a
quarantinable disease occurs in Iowa, individuals with a suspected or active quarantinable
disease and contacts to the case may be quarantined or isolated as the particular situation
requires. Any quarantine or isolation imposed by the board shall be established and
enforced in accordance with this rule.
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c) The local board of health shall notify, consult and work cooperatively with the Iowa
Department of Agriculture and Land Stewardship and the State Veterinarian office on
issues relating to isolation and quarantine of animals.
1.4 Conditions and principles. The board shall adhere to all of the following conditions and
principles when isolating or quarantining individuals or a groups of individuals:
a) The isolation or quarantine shall be by the least restrictive means necessary to prevent the
spread of a communicable or possibly communicable disease to others and may include,
but is not limited to, confinement to private homes, other private premises, or public
premises.
b) Isolated individuals shall be confined separately from quarantined individuals.
c) The health status of isolated or quarantined individuals shall be monitored regularly to
determine if the individuals require further or continued isolation or quarantine.
d) If a quarantined individual subsequently becomes infected or is reasonably believed to
have become infected with a communicable or possibly communicable disease, the
individual shall be promptly removed to isolation.
e) Isolated or quarantined individuals shall be immediately released when the board
determines that the individuals pose no substantial risk of transmitting a communicable or
possibly communicable disease.
f) The needs of isolated or quarantined individuals shall be addressed in a systemic and
competent fashion, including, but not limited to, providing adequate food; clothing;
shelter; means of communicating with those in and outside of isolation or quarantine;
medication; and competent medical care.
g) The premises used for isolation or quarantine shall be maintained in a safe and hygienic
manner and shall be designed to minimize the likelihood of further transmission of
infection or other harms to isolated or quarantined individuals.
h) To the extent possible, cultural and religious beliefs shall be considered in addressing the
needs of individuals in isolation and quarantine premises and in establishing and
maintaining the premises.
1.5 Isolation or quarantine premises.
a) Sites of isolation or quarantine shall be prominently placarded with isolation or
quarantine signs prescribed and furnished by the department and posted on all sides of the
building wherever access is possible.
b) An individual subject to isolation or quarantine shall obey the rules and orders of the
board and shall not go beyond the isolation or quarantine premises.
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c) The department or the board may authorize physicians, health care workers, or others
access to individuals in isolation or quarantine as necessary to meet the needs of isolated
or quarantined individuals.
d) No individual, other than an individual authorized by the department or the board, shall
enter isolation or quarantine premises. If the department has requested the assistance of
law enforcement in enforcing the isolation or quarantine, the department shall provide
law enforcement personnel with a list of individuals authorized to enter the isolation or
quarantine premises.
e) Any individual entering an isolation or quarantine premises with or without authorization
of the department or the board may be isolated or quarantined pursuant to this rule.
1.6 Isolation and quarantine.
a) Authority. The board may:
a. Isolate individuals who are presumably or actually infected with a quarantinable
disease;
b. Quarantine individuals who have been exposed to a quarantinable disease;
c. Establish and maintain places of isolation and quarantine; and
d. Adopt emergency rules and issue orders as necessary to establish, maintain, and
enforce isolation or quarantine.
b) Isolation and quarantine undertaken by the board shall be accomplished in accordance
with this rule.
c) Temporary Isolation and quarantine without notice. The board may temporarily isolate
or quarantine an individual or groups of individuals through an oral order, without notice,
only if delay in imposing the isolation or quarantine would significantly jeopardize the
board’s ability to prevent or limit the transmission of a communicable or possibly
communicable disease to others. If the board imposes temporary isolation or quarantine
of an individual or groups of individuals through an oral order, the board shall issue a
written order as soon as is reasonably possible and in all cases within 24 hours of
issuance of the oral order if continued isolation or quarantine is necessary to prevent or
limit the transmission of a communicable or possibly communicable disease.
d) Written Order. The board may isolate or quarantine an individual or groups of
individuals through a written order issued pursuant to this rule.
a. The written order shall include all of the following:
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i.
The identity of the individual, individuals, or groups of individuals subject
to isolation or quarantine.
ii.
The premises subject to isolation or quarantine.
iii.
The date and time at which isolation or quarantine commences.
iv.
The suspected communicable disease.
v.
A description of the less restrictive alternatives that were attempted and
were unsuccessful, or the less restrictive alternatives that were considered
and rejected, and the reasons such alternatives were rejected.
vi.
A statement of compliance with the conditions and principles for isolation
and quarantine specified in rule 1.12(4).
vii.
The legal authority under which the order is requested.
viii.
The medical basis upon which isolation or quarantine is justified.
ix.
A statement advising the individual, individuals, or groups of individuals
of the right to appeal the written order pursuant to rule 1.12(7) and the
rights of individuals and groups of individuals subject to quarantine and
isolation as listed in rule 1.12(8).
x.
A copy of this rule and the relevant definitions of this rule.
b. A copy of the written order shall be provided to the individual to be isolated or
quarantined within 24 hours of issuance of the order in accordance with any
applicable process authorized by the Iowa Rules of Civil Procedure. If the order
applies to a group or groups of individuals and it is impractical to provide
individual copies, the order may be posted in a conspicuous place in the isolation
or quarantine premises.
1.7 Appeal from order imposing isolation or quarantine.
a) Appeal. The subject of a board order imposing isolation or quarantine may appeal a
written order by submitting a written appeal within ten days of receipt of the written
order. The appeal shall be addressed to the Clay County Board of Health, 1200 1st
Avenue East, Spencer, Iowa. Unless stayed by order of the board or a district court, the
written order for quarantine or isolation shall remain in force and effect until the appeal is
finally determined and disposed of upon its merits.
b) Proceeding. The appeal proceeding shall be conducted in accordance with this rule The
proceeding shall be held as soon as is practicable, and in no case later than ten days from
the date of receipt of the appeal. The hearing may be held by telephonic or other
electronic means if necessary to prevent additional exposure to the communicable or
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possibly communicable disease. In extraordinary circumstances and for good cause
shown, the board may continue the proceeding date for up to ten days, giving due regard
to the rights of the affected individuals, the protection of the public's health, and the
availability of necessary witnesses and evidence. At the appeal proceeding, the subject of
the appeal shall have the right to introduce evidence on all issues relevant to the order.
The board, by majority vote, may modify, withdraw, or order compliance with the order
under appeal.
c) Judicial review. The aggrieved party to the final decision of the board may petition for
judicial review of that action by filing an action in the appropriate district court. Petitions
for judicial review shall be filed within thirty days after the decision becomes final.
d) Immediate judicial review of board order. The board acknowledges that in certain
circumstances the subject or subjects of a board order may desire immediate judicial
review of a board order in lieu of proceeding with the board appeal process. The board
may consent to immediate jurisdiction of the district court when requested by the subject
or subjects of a board order and justice so requires. Unless stayed by order of the board
or a district court, the written order for quarantine or isolation shall remain in force and
effect until the judicial review is finally determined and disposed of upon its merits.
1.8 Rights of individuals and groups of individuals subject to isolation or quarantine. Any
individual or group of individuals subject to isolation or quarantine shall have the following
rights:
a) The right to be represented by legal counsel.
b) The right to be provided with prior notice of the date, time, and location of any hearing.
c) The right to participate in any hearing. The hearing may be held by telephonic or other
electronic means if necessary to prevent additional exposure to the communicable or
possibly communicable disease.
d) The right to respond and present evidence and argument on the individual’s own behalf in
any hearing.
e) The right to cross-examine witnesses who testify against the individual.
f) The right to view and copy all records in the possession of the board which relate to the
subject of the written order.
1.9 Consolidation of claims. In any proceeding brought pursuant to this rule, to promote the fair
and efficient operation of justice and having given due regard to the rights of the affected
individuals, the protection of the public's health, and the availability of necessary witnesses and
evidence, the board or a court may order the consolidation of individual claims into group
claims, if all of the following conditions exist:
a) The number of individuals involved or to be affected is large enough that consolidation
would be the best use of resources.
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b) There are questions of law or fact common to the individual claims or rights to be
determined.
c) The group claims or rights to be determined are typical of the affected individuals' claims
or rights.
d) The entire group will be adequately represented in the consolidation.
1.10 Implementation and enforcement of isolation and quarantine.
a) Jurisdictional issues. The department has primary jurisdiction to isolate or quarantine
individuals or groups of individuals if the communicable disease outbreak has affected
more than one county or has multicounty, statewide, or interstate public health
implications. If isolation or quarantine is imposed by the department, the board may not
alter, amend, modify, or rescind the isolation or quarantine order.
b) Assistance of local boards of health and local health departments. If isolation or
quarantine is imposed by the department, the local boards of health and the local health
departments in the affected areas shall assist in the implementation of the isolation or
quarantine order.
c) Penalty. Pursuant to Iowa Code Section 137.21 and 139A.25(1), any individual who
violates a lawful board order for isolation or quarantine, whether written or oral, shall be
guilty of a simple misdemeanor. The court ordered sentence may include a fine of up to
five hundred dollars and imprisonment not to exceed thirty days.
d) Enforcement Action. The board, through the office of the county attorney, may file a
civil action in the appropriate district court to enforce a board order for isolation or
quarantine. Such action shall be filed in accordance with Iowa Rules of Civil Procedure.
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3.8 SOCIAL HOST & UNDERAGE CONSUMPTION
261
CLAY COUNTY SOCIAL HOST & UNDERAGE CONSUMPTION ORDINANCE, NO 3.8
SECTION 1. DEFINITIONS
a. “Alcoholic beverage” means the same as defined in Iowa Code section 123.3(4).
b. “Event, gathering, or party” means any group of three (3) or more persons who have
assembled or gathered together for a social occasion or other activity.
c. “Juvenile” means a person under the age of eighteen (18).
d. “Legal age” means twenty-one (21) years of age or more.
e. “Parent” means any person having legal custody of a juvenile: (1) as a natural parent,
adoptive parent, or step-parent; (2) as a legal guardian; or (3) as a person to whom
legal custody has been given by order of the court.
f. “Person” means any individual, partnership, corporation, or any association of one or
more individuals.
g. “Possession or control” means actual possession or constructive possession based on
facts which permit the inference of intent to possess or control alcoholic beverages.
h. “Premises” means any home, yard, farm, field, land, apartment, condominium, hotel
or motel room, other dwelling unit, hall or meeting room, garage, barn, park, or any
other place conducive to assembly, public or private, whether occupied on a
permanent or temporary basis, whether occupied as a dwelling or specifically for an
event, gathering, or party, and whether owned, leased, rented or used with or without
permission or compensation.
i. “Public place” means the same as defined in Iowa Code section 123.3(27).
j. “Social host” means any person (see Section 1(f)) who aids, allows, entertains,
organizes, supervises, controls or permits an event, gathering, or party. This includes,
but is not limited to: (1) the person(s) who owns, rents, leases, or otherwise has
control of the premises where the event, gathering, or party takes place; (2) the
person(s) in charge of the premises; or (3) the person(s) responsible for organizing the
event, gathering, or party.
k. “Underage person” means any person under the age of twenty-one (21).
SECTION 2. AFFIRMATIVE DUTIES
It is the duty of the social host of an event, gathering, or party to take all reasonable steps
to prevent alcoholic beverages from being possessed or consumed by underage persons
on the premises. Reasonable steps include, but are not limited to:
a. Controlling underage persons’ access to alcoholic beverages,
b. Controlling the quantity of alcoholic beverages,
c. Verifying the age of persons being served, in the possession of, or consuming
alcoholic beverages at the event, gathering, or party by inspecting drivers’
licenses or other government-issued identification cards,
d. Supervising the activities of underage persons at the party, and
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e. Notifying law enforcement of underage possession or consumption of
alcoholic beverages, and allowing law enforcement to enter the premises for
the purpose of stopping the possession or consumption by underage persons.
SECTION 3. PROHIBITIONS
a. It is unlawful for any social host of an event, gathering, or party on the social host’s
premises to knowingly permit or allow underage persons to consume alcoholic
beverages, or knowingly permit or allow underage persons to possess alcoholic
beverages on the premises, whether or not the social host is present on the premises.
b. A person or persons under the legal age shall not purchase or attempt to purchase, or
individually or jointly have alcoholic liquor, wine, or beer in their possession or
control. (As set out in Iowa Code section 123.47(2)). A person under the legal age
who has consumed alcoholic liquor, wine, or beer shall be presumed to have had the
same in his or her possession or control prior to its consumption.
SECTION 4. EXCEPTIONS
a. This ordinance shall not apply to:
1. conduct solely between an underage person and his or her parents while
present in the parents’ household,
2. legally protected religious observances, or
3. situations where underage persons are lawfully in possession of alcoholic
beverages during the course and scope of employment.
b. The exceptions outlined in Section 4(a) shall not apply under circumstances in which
the underage person leaves the home, religious gathering, or place of employment and
subsequently violates Iowa Code section 123.46(2), Consumption or intoxication in
public places.
SECTION 5. ENFORCEMENT
The provisions of this Ordinance shall be enforced by the Clay County Sheriff’s Office.
The Clay County Sheriff’s Office shall have primary but not exclusive enforcement
responsibility for this Ordinance.
SECTION 6. PENALTIES
a. Violations of Section 3(a) are declared to be county infractions, punishable by civil
penalty. A civil penalty of not more than seven hundred and fifty dollar ($750.00)
shall be imposed for a social host’s first offense. A civil penalty of not more than one
thousand dollar ($1,000.00) shall be imposed for a social host’s second or subsequent
offense. The County may also seek reimbursement for enforcement services provided
by emergency responders related to the event, gathering, or party.
b. A person who violates Section 3(b) commits the following:
1. A simple misdemeanor, a scheduled violation under Iowa Code section 805.8,
punishable by a fine of not more than two hundred fifty dollars ($250.00) for
the first offense.
2. A second offense shall be a simple misdemeanor punishable by a fine of not
more than five hundred dollars ($500.00).
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3. A third or subsequent offense shall be a simple misdemeanor punishable by a
fine of not more than five hundred dollars ($500.00)
4. The court may, in its discretion, order the person who is under the legal age to
perform community service work under Iowa Code section 909.3A, of an
equivalent value to the fine imposed under this section. (As set out in Iowa
Code section 123.47(3)(b)).
5. In determining if a violation charged is a second or subsequent offense,
conviction for violation of this section, Iowa Code section 123.47, or an
ordinance of any city or county in the state of Iowa that substantially
corresponds to this section or Iowa Code section 123.47, shall be counted as
previous offenses.
SECTION 7. JURISDICTION
The provisions of this Ordinance shall apply throughout Clay County, Iowa, including
municipalities that have not enacted a municipal ordinance dealing with similar subject
matter.
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3.9 HUFFING
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CLAY COUNTY HUFFING ORDINANCE, NO. 3.9
HUFFING
A. Definition: “huffing” means inhalation or introduction into the respiratory system
or body of any vapor, fume, or product that produces toxic substances for the
purposeofbecomingintoxicated,euphoric,dazed,paralyzed,orotherwisealtering
one’sstateofmind.
B. IT SHALL BE UNLAWFUL for any person to intentionally or knowingly inhale or
otherwise introduce into his or her respiratory system or body vapors from any
chemical or organic source with the intention of becoming intoxicated, euphoric,
dazed,paralyzed,orotherwisealteringone’sstateofmind.
C. Penalty: A violation of this section shall be punishable by a fine of $300.00.
Additionallythecourtmayimposeasentencenottoexceed30daysinthecounty
jail.
HUFFINGPARAPHERNALIA
A. Definition:“huffingparaphernalia”meansanyproduct,implement,ordeviceused,
intendedtobeusedordesignedtobeusedtoinhaleoringestvaporswiththeintent
tobecomeintoxicated,euphoric,dazed,paralyzed,orotherwisealteringone’sstate
ofmind.
B. IT SHALL BE UNLAWFUL for any person to possess huffing paraphernalia for the
purposeofcommittinghuffing.
C. Penalty:Aviolationofthissectionshallbepunishablebyafineof$150.00.
Thisproposedordinanceshallbeineffectafterafinalpassageandpublicationasprovided
bylaw.
This proposed ordinance shall be published in Title 3:Public Safety, Clay County Code of
Ordinancesuponpassageandpublicationasprovidedbylaw.
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Title 4. Public Works
267
4.1 SOLID WASTE CONTROL
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CLAY COUNTY SOLID WASTE CONTROL ORDINANCE, NO. 4.1
Section 1. Purpose. The purpose of this ordinance is to provide for the sanitary collection and
disposal of solid waste generated in the unincorporated areas of Clay County, Iowa; to reduce
wind and animal borne litter; and to provide for the health, safety and welfare of the people of
Clay County, Iowa.
Section 2. Definitions.
A. “Rural” means those areas within Clay County, Iowa, which lie outside an incorporated
city or town.
B. “Rurally generated solid waste” means solid waste produced as a result of lawful
activities performed upon rural real estate.
C. “Site” means any location designated by the Clay County Board of Supervisors for the
collection of solid waste.
C. “Solid Waste” or “Waste” means garbage, refuse, rubbish, and other similar discarded
solid or semisolid materials resulting from agricultural and domestic activities.
D. “Bagged” means placed entirely within a garbage bag, sack or other container not
exceeding thirty gallons in capacity and securely fastened shut.
E. “Toxic and hazardous wastes” means waste materials, including but not limited to
poisons, pesticides, herbicides, acids, caustics, pathological wastes, flammable or
explosive materials and similar harmful wastes which require special handling.
Containers formerly holding poisons, pesticides, or herbicides shall be thoroughly
cleaned before depositing in the county disposal sites.
F. “Yard Waste” means organic debris (e.g. grass clippings, leaves, tree limbs, bark,
branches, flowers, etc.) which is produced as part of yard and garden development and
maintenance. All “yard waste” shall be separated by the owner or occupant from all
other solid waste accumulated on the premises and should be composted on the premises
or placed in degradable bags, containers or packages and delivered to a “site”.
Section 3. Solid Waste Disposal. No person shall place or cause to be placed at a site any solid
waste except as provided in this section.
A. Rurally generated solid waste may be placed at a site only if such waste is bagged, is
placed in a receptacle provided for such purpose at the site by the County, and is not
otherwise prohibited herein. An item or rurally generated solid waste which is a
container of one to five gallons capacity may be placed in accordance with this
subsection without being bagged.
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B. The following materials shall not be placed at a site:
1. Liquid wastes;
2. Manure;
3. Construction material wastes unless such materials are placed in accordance with
paragraph 3(A);
4. Toxic or hazardous materials;
5. Trees, shrubs, and other landscape wastes, unless such wastes are placed in
accordance with paragraph 3(A);
6. Dead animals;
7. Commercial or industrial wastes.
Section 4. Penalty. Any person who violates the provisions of this ordinance shall upon
conviction be fined not to exceed $100 or imprisoned not to exceed thirty days.
Section 5. Presumption. At the trial of any issue arising under this ordinance, if the trier of fact
finds that solid waste which once belonged to or was possessed by a person was found at the
site, the trier of fact may infer that such person placed or caused to be placed such solid waste at
such site.
Section 6. Scavenging Prohibited. No person shall enter upon a site for the purpose of
removing therefrom any solid waste or any other item or thing, provided, however, that this
provision shall not apply to any other person, firm, partnership or corporation with whom Clay
County, Iowa, Board of Supervisors have contracted for the purpose of removing solid waste
from a site for final disposal by said person, firm, partnership or corporation. Provided further,
that no person shall tamper with, tear, untie or otherwise expose to the wind or other elements
any solid waste bagged in accordance with the Clay County, Iowa solid waste control ordinance.
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4.2 SECONDARY ROADS SNOW AND ICE REMOVAL
271
CLAY COUNTY SECONDARY ROADS SNOW AND ICE REMOVAL ORDINANCE, NO.
4.2
An ordinance establishing the policy and level of service in respect to clearance of snow or ice
and maintenance of this County’s secondary roads during the winter months. Be it enacted by
the Board of Supervisors of Clay County, Iowa.
Section 1. Purpose. The purpose of this ordinance is to establish this County’s policy and level
of service in respect to clearance of snow or ice and maintenance of its secondary road system
during winter months, as provided in HF 2487, Section 10 (2), Act of the 63rd G.A., Second
Session, and pursuant to the provisions of Section 309.67, Code of Iowa. This policy and level
of service are to implemented within the amount of money budgeted for this service, and as
contained in this County’s secondary road budget as submitted to and approved by the Iowa
Department of Transportation and adopted by the Board of Supervisors.
Section 2. Level of Service. Clearance of snow or ice and maintenance of the secondary road
system during the winter months is primarily for the benefit of the local residents of this County.
Each storm has individual characteristics and must be dealt with accordingly. The portion of the
roadway improved for travel will have upon it snow and ice in a compacted condition. These
conditions maybe continuous, or they may be more concentrated on hills, in valleys, curves
and/or intersections. The County’s existing snow removal equipment will be utilized for this
purpose. All clearance of snow and ice, sanding, salting, and other maintenance respecting
winter conditions shall be accomplished within the amount of money budgeted for this service.
The entire width of that portion of the road improved for travel may not be cleared of snow, ice,
compacted snow and ice, or frost. Snow cleared from that part of the roadway improved for
travel shall be placed on or in the adjacent shoulder ditch or right-of-way. Snow can be expected
to accumulate adjacent to the traveled portion to the extent that a motorist’s sight distance to both
the left and right may be greatly reduced or impaired. The snow removed for the intersections
will be piled in its corners in piles of unequal height. The line of sight, sight distance, or
visibility of motorists approaching these intersections may be greatly reduced or impaired. The
County shall not be responsible for snow pushed or otherwise placed on the roadway or shoulder
by others. Motorist shall drive their vehicles during these condition with additional caution and
watchfulness, especially in respect to the surface of the roadway, and reduced or impaired
visibility, and are advised to reduce their speed at least 25 miles per hour below that legally
permitted or advised under normal conditions. In respect to roadways that only have one lane
open, further extreme watchfulness and caution should be exercised by the motorist, and their
speed should not exceed 10 miles per hour. During these conditions no additional warning or
regulatory signs will be placed that warn of impaired sight distances, visibility at intersections,
road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the
advised speed should be.
Section 3. Sequence of Service. In the implementation of snow and ice removal and other
maintenance of the county’s secondary road system during the winter months, the County
Engineer shall select the actual sequence of roads to be cleared as provided for in this section of
this ordinance, and shall determine when drifting wind velocity and additional snow or
272
snowstorms require that the snow removal equipment be removed from the roadway, or that
additional clearance of paved routes be accomplished prior to the clearance of gravel and dirt
roads. The County Engineer’s professional judgment shall prevail unless it is clearly erroneous.
A. Paved routes.
1) The initial effort will be to get all routes open to one-lane traffic as soon as possible.
2) After one-lane travel is possible, subsequent snow removal will be carried on during
normal working hours.
3) The truck mounted snow plows and spreaders will not normally be in operation
between the hours of 4:30 P.M.. and 7:30 A.M. The trucks may be called off the road
if snow and/or blowing snow reduces visibility to hazardous working conditions, in
the professional judgment of the engineer or his delegated representative.
4) When required, due to drifting snow, motor graders may be used to keep the paved
roads open and the openings of gravel roads may be delayed.
5) It is not the policy of the county to provide a “dry” payment condition.
6) After roads have been plowed as provided in this section, intersections, hills, and
curves may have placed on them, salt, sand, or other abrasive. These intersections,
hill and curves will not be resanded, resalted, or have other abrasive replaced on them
between snowstorms. This sequence of service shall be performed only between the
hours of 7:30 A.m. and 4:30 P.M. each day, exclusive of Saturdays, Sunday, and legal
holidays observed by County employees.
B. Unpaved roads.
1) Motor graders and/or truck plows will not normally be in operation between the hours
of 4:30 P.M. and 7:30 A.M. Gravel roads may not be plowed if the winds are causing
continual drifting.
2) Snow may not be removed from some roads designated which receive minimal travel
as designated by the County Engineer.
C. Private Drives. The County will not clean snow from private drives. Normal snow
removal operations may result in snow being deposited in private drives. Snow from
private drives shall not be placed on the roadway or shoulders. The County will replace
or repair mailboxes destroyed or damaged during snow removal operations, but only with
standard type mailboxes. There is no time limit after a snowstorm in which any of the
above sequence of clearance, on paved or unpaved roads, shall take place.
Section 4. Limitation of Service. The policy and level of service provided for in this
Ordinance shall not include the performance of the following services:
273
A. Sanding, salting, or placing of other abrasives upon the roadway that are slick, slippery,
and dangerous due to the formation of frost.
B. Sanding, salting, or placing other abrasives upon paved roadways due to freezing
precipitation that occurs outside the county’s usual working hours.
C. Placing of additional warning or regulatory signs warning of impaired sight distances,
visibility at intersections, road blockages, one-lane conditions, or that the road surface is
slick or slippery, or what the advised speed should be.
D. Sanding, salting, or placing abrasives upon any road, except for paved roads.
E. Re-sanding or re-salting for freezing and thawing between snowstorms.
F. Snow will not be removed from the faces of any signs.
Section 5 Emergency Conditions.
A. The sequence of service may be suspended during “Emergency” conditions. An
“Emergency” condition shall be considered as one where loss of life is probable, where a
serious injury has occurred, or where extensive loss of property is imminent. These
conditions should be verified through a physician’s, or sheriff’s, or fire department’s
office. The County will respond to all “Emergency” conditions, either during or after a
snowstorm.
B. The provisions of the Ordinance shall be further suspended in the event the Governor, by
proclamation, implements the State disaster plan, or the Chairman of the Board of
Supervisors, by proclamation, implements the County disaster plan. If such occurs, the
County personnel and equipment shall be immediately subject to the direction of the
Governor or the Chairperson of the Board of Supervisors.
Section 6. Repealer. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 7 Severability Clause. If any section, provision, or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 8 When Effective. This ordinance shall be in effect after its final passage, approval,
and publication as provided by law.
274
4.3 WATER WELLS AND WASTE WATER TREATMENT AND DISPOSAL
275
CLAY COUNTY WATER WELLS & WASTE WATER TREATMENT AND DISPOSAL
ORDINACE, NO. 4.3
An ordinance regulating water wells and waste water treatment and disposal. Be it enacted by
the Clay County, Iowa, Board of Supervisors.
Section 1. Purpose. In order to protect the integrity of the groundwater and environment of
Clay County, Iowa, it is the purpose of this ordinance to control and prevent contamination of the
ground waters and soils within Clay County, by incorporating Iowa State regulations contained
in Iowa Administrative Code, Division 567, Environmental Protection.
Section 2. Incorporation Reference. The provisions and requirements of the following cited
regulations of the Iowa Administrative Code are hereby incorporated by this reference as the
requirements of this Clay County, Iowa, Ordinance:
1. 567 Environmental Protection, Chapter 39. Requirements for Properly Plugging
Abandoned Wells.
2. 567 Environmental Protection, Chapter 49. Non-Public Water Wells.
3. 567 Environmental Protection, Chapter 69. On-site Wastewater Treatment and Disposal
Systems.
Section 3 Penalty. Any person violating any provisions of this ordinance shall, upon
conviction, be subject to imprisonment not exceeding thirty (30) days, or a fine not exceeding
$100. Each day that a violation is permitted to exist constitutes a separate offense.
Section 4. Severability Clause. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such not affect the validity of the ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 5 When Effective. This ordinance shall be effective after its final passage approval and
publication as provided by law.
276

Clay County Code of Ordinances

Transcription

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