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FAQ Page |
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| Frequently Asked Questions (Click to go to the
answer) |
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Answers |
| Question: What is a Comprehensive Land Use Plan?
Answer: A Comprehensive Land Use Plan is a detailed plan developed to outline the vision and future needs of the county, to set forth land use goals and define policies that will shape the development and growth of the county, and is created by studying past and present trends. Zoning regulations are a tool used to implement the Comprehensive Plan and give the citizens of the county some powers to help control growth and development.
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| Question: Why is Chickasaw County considering a Zoning Ordinance?
Answer: In February 2006 an ad was placed in the County Newspaper seeking volunteers to come forward with citizen input for future county development. At least 30 members of the county came together and formed what is known as the Planning Task Force. Over the following year the Planning Task Force held work sessions to develop county documents, imputing their own views and ideas as citizens of the county and worked diligently to create a Comprehensive Land Use Plan, along with a Subdivision Ordinance they felt would benefit all of the citizens of Chickasaw County. After a 3rd Reading and Public Hearing, the Comprehensive Land Use Plan along with a Subdivision Ordinance was adopted in April of 2007. After the passage of the Comprehensive Plan and Subdivision Ordinance, seven Planning Commission members were appointed from the Taskforce Committee. From April 2007 to January 2009 the Planning Commission continued to hold meetings, as necessary, to review and make recommendations on subdivisions, conduct educational training and discuss various relevant topics. In January of 2009 the Planning Commission discussed the possibility of reconvening the Planning Task Force to explore the topic of county zoning and in April of 2009 made a recommendation to the Board of Supervisors to move forward with the development of the Zoning Ordinance, to meet the goals and objectives laid out in the Comprehensive Plan.
To review all of the goals and objectives of the Comprehensive Plan, refer to page 46 of the Chickasaw County Comprehensive Land Use Plan. Copies of the Comprehensive Plan are available on the county website under the planning commission subtitle at www.chickasascoia.org or by contacting the Planning and Zoning Department at 641-394-2406.
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| Question: How will County zoning, if adopted, affect my property taxes?
Answer: According to Chickasaw County Assessor Doug Welton, Zoning does not change how the classification for property taxes is determined. The property tax classification is based on the primary use of the property. Classifications on the Zoning Map have no bearing to the classifications declared by the Assessor’s office. The Assessor’s process of evaluation of property will remain the same and will not take into consideration a properties zoning classification. Zoning classification is based on how a property in an area is to be used.
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| Question: I am a farmer; am I exempt from the zoning regulations?
Answer: The State Code of Iowa, chapter 335.2 exempts farmer’s from the regulations of a Zoning Ordinance, however it may apply to structures in or on the floodplain of any river or stream. Under the proposed Zoning Ordinance a farmer is asked to file an Exemption Application with the Zoning Department, at no fee, when they plan to erect any structures or make any changes to the property.
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| Question: Will a nonconforming use prevent me from selling my property in the future?
Answer: A nonconforming use is defined as a lawful use of land or structure that is in existence prior to the effective date of an Ordinance, which does not conform to the regulations in the district in which it is located. The use may be continued so long as the use stays as it was on the effective date of the ordinance. It cannot change in size, location and the use can not cease for a period of more then one year at a time, if any one of the previous mentioned occurs, the owner would need to follow the regulations of the district in which it is located or rezone the property to a district that would conform. Therefore a nonconforming use can be sold in the future so long as the current nonconforming uses continue in the same way or changes to conform.
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| Question: If a natural disaster destroys my home, can I rebuild?
Answer: A home or structure can be replaced; provided the use is allowed under the district regulations of which it is located and the bulk requirements can be met. If these requirements cannot be met or the use was a nonconforming use, the owner has two options in which they can follow; one is to request a rezone to change the land classification, to conform to the regulations or they may request a variance on the bulk requirements.
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| Question: Can an ordinance be placed on a ballot for public vote?
Answer: No. According to Assistant County Attorney Mark Huegel, under Iowa Code, Chapter 331.302 County Legislation, the Board of Supervisors shall perform a duty by passage of an ordinance. A passage of an ordinance shall be considered and voted on at three separated meetings of the Board of Supervisors. Unless the second and third readings are waived, the public has a right to be heard at the meetings concerning the ordinance being considered. The Board of Supervisors’ make the final determination.
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| Question: Does the proposed zoning ordinance include building code requirements?
Answer: No, Building Codes are not part of the proposed ordinance. The proposed ordinance establishes zoning districts to classify, regulate and restrict the location and use of a structure and to regulate the height and bulk of a structure. A Zoning Permit will be required for any building to be erected or structurally altered to increase the exterior dimensions, height, or a remodel to change the number of dwellings or accommodate a change in use of a building. No permits will be required to perform maintenance items such as a new roof, windows, siding, or doors.
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| Question: What is the Ag Exemption Application and why does a farmer need to complete the application?
Answer: Although the State exempts farms from zoning regulations, it has provided few guidelines as to what should be considered a farm. In order to qualify under the agricultural exemption, one must clearly demonstrate that the principal use of the land and the proposed building(s) are farm related. This includes proposed dwellings and that the occupants of the dwelling are primarily engaged in agriculture. It however, does not exempt one from floodplain requirements. Therefore, to demonstrate that one is actively engaged in farming, and to mainstream all other county requirements, such as floodplain development, private well water, private sewage disposal, E911 and driveway access, one must file an Ag Exemption Application, free of charge.
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| Question: I want to build in the unincorporated area of the county, do I need to purchase 35 acres and what should I be aware of before purchasing a lot?
Answer: No, you do not need to purchase a minimum of 35 acres; single-family dwellings are allowed in the A-1 district on a minimum of 1.5 acres, provided that the site is comprised of an average CSR rating of less then 70%. Single-family dwellings are also allowed upon lots of record, as well as the A-2 district, again provided the said lot is a minimum of 1.5 acres. Beware that not all lots for sale are build able lots; the county has other restrictions to consider, such as water, sewer and driveway requirements. It is best to ask the Zoning Administrator and the County Sanitarian specific questions regarding a property before purchasing the property.
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| Question: I have already purchased a lot in am unincorporated area of Chickasaw County; can I still build on the lot?
Answer: Land purchased prior to the proposed Zoning Ordinance will be what is known as a “Lot of Record”. A Lot, the contract or deed to which, has been recorded in the office of the Recorder of Chickasaw County, Iowa, prior to the effective date of the Ordinance. In any district which a single family dwelling is permitted, notwithstanding limitations imposed by other provisions of the Ordinance, a single family dwelling and customary accessory building my be erected on a lot of record, provided the yard area (minimum one and a half (1.5) acres) and setbacks requirements are met. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. However, if one can not meet the minimum yard area of one and a half acres (1.5), one can apply for a variance.
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| Question: Can I sever my farmstead from the farm?
Answer: Yes, a property owner may request that a farmstead be severed from the farm. The property may qualify for an exemption; provided the primary use remain in relation to farming (refer to the Ag Exemption question above). It may have soils that meet the provisions of the A-1 district, or one can request that the farmstead be rezoned to an A-2 district (refer to the previous question).
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| Question: What are “Setbacks” or “Bulk Requirements”?
Answer: Setbacks are a “buffer” area that borders your property which you must leave unimproved. No permanent structure may be closer to a Road Right of Way, an Easement, or Property Line then specified by the setback or bulk requirements regulated in the zoning district your property in located in. Bulk requirements also establish the height and minimum lot size requirements per district.
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| Question: Can I operate a small business from my home or outbuilding on my property in Chickasaw County?
Answer: Yes, It is possible to operate a small business/industry from your home or outbuilding, provided that business meets certain criteria. The standards and criteria for home occupation/industry are as follow:
a. The business shall clearly be a secondary use to the dwelling
b. The business shall be conducted entirely within an existing dwelling or accessory building(s) located on the property.
c. The business shall be conducted by a member(s) residing in the dwelling, and have no more then two (2) non-resident employees.
Home Occupation/Industry Applications will be required, free of charge, if you meet any of the above criteria, the initial application must be considered and approved by the Planning Commission and the Board of Supervisors, and must be renewed annually. The permit may be revoked by the Board of Supervisors; refer to Sections VII, (R) and (S) of the proposed Zoning Ordinance, for the entire list of standards of both the Home Occupation and Home Industry.
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| Question: How do I find out what the proposed zoning district is for a certain property in Chickasaw County?
Answer: The proposed zoning ordinance consists of two parts; the text of the ordinance and a Zoning Map. The Planning Commission made an earnest effort in identifying properties within the county and classified them in accordance of their use. The proposed zoning map can be found on the county website at: www.chickasawcoia.org/planningcommission/ZoningOrdinance.asp it is also available for review in the Board of Supervisors’ boardroom, along with the conference room of the Community Services Building. If you have a question about a specific property, you may also contact the Planning and Zoning Department.
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| Question: Can I build a Garage, Lawn/Garden Shed, Dog House or Machine Shed on my property in rural Chickasaw County?
Answer: Garages and sheds are considered “accessory buildings” that are incidental to the principle permitted use in all districts, except the M-1 district. Accessory buildings shall be placed in the side or rear yard and maintain a minimum clearance between the principle permitted building, if unattached, of five (5) feet. The structure shall also meet the lot frontage and yard requirements, or the bulk requirements, of the district it is located in.
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| Question: Who do I ask about my subdivision covenants (deed restrictions), and does Chickasaw County enforce them?
Answer: Deed restrictions, also known as restrictive covenants, are private controls that are recorded with a subdivision plat, and the county has no authority to enforce such restrictions. The proposed ordinance only controls the requirements and regulations set forth in the ordinance, which may or may not be as stringent as the restrictive covenants of the subdivision. Enforcement is therefore a civil matter between owners within the subdivision.
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| Question: What are the proposed fees for the various zoning permits?
Answer: The proposed fees for the following Applications/Permits are:
Ag Exemption 00.00
Home Occupation/Industry 00.00
Certificate of Occupancy 00.00
Zoning Permit 50.00
Rezone Application 100.00
Special Exception 100.00
Variance Application 100.00
Appeals to the Board of Adjustments 150.00
Temporary Use Permit 15.00
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| Question: Currently, how many counties in Iowa have zoning regulations?
Answer: Currently eighty (80) of the ninety-nice (99) counties have zoning regulations. Thirteen (13) of the nineteen (19) counties that do not have zoning regulations are along the southern border of Iowa. A 2010 State Zoning Map, is available for review on the county website: www.chickasawcoia.org/planningcommission/ZoningOrdinance.asp
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If you have specific questions in regards to a specific property, call the Zoning Department directly at 641-394-2406
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