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For the purpose of promoting pride of ownership, health, safety, and general welfare within its area of jurisdiction, the County is hereby divided into the following zones:
A | (Agricultural) Zone |
R-R | (Rural Residential) Zone |
R-1 | (Single-Family Residential) Zone |
R-2 | (Combined Medium-Density Residential) Zone |
C-1 | (Neighborhood Commercial) Zone |
C-2 | (Service Commercial) Zone |
M-1 | (Light Industrial) Zone |
M-2 | (Heavy Industrial) Zone |
MU-A | (Mixed Use - Arterial) Zone |
F | (Flood Hazard Overlay) Zone |
AP | (Airport Overlay) Zone |
(Ord. 19-038, 8-30-2019)
(1) Frontage, Easement, Or Road Lot Required: For the purpose of providing adequate access for equipment, emergency vehicles and other services to inhabited buildings, each parcel must demonstrate access by one of the following prior to the issuance of a certificate of zoning compliance:
A. Frontage: A minimum property frontage of sixty feet (60') is required along the right-of-way of a public road for the purpose of ingress/egress. The frontage width requirement may be reduced to a width not less than fifty feet (50') in accordance with subsection (1)D of this section.
B. Driveway Or Private Road Application, Easement And Maintenance Agreement:
1. Applications for driveways serving two (2) properties and all private roads shall be filed with DSD.
(A) An application on a form provided by the Director and the fees shall be submitted. Additional fees shall be charged for any requested alternative standards which require review by the County Engineer.
(B) When the application is filed, the Director shall review the application to determine if: 1) the proposed driveway serving two (2) properties or private road is in accord with the standards in this section and chapter 6, article 5 of this Code and 2) will not disrupt regional or local long range transportation plans. Conditions may be placed on the approval to ensure continued compliance with the requirements of this section.
2. Driveways serving two (2) properties and all private roads shall be located within a recorded permanent, perpetual easement, having a minimum width of sixty feet (60') from the right-of-way of a public street to the property for the purpose of ingress/egress. The easement width requirement may be reduced to a width not less than twenty eight feet (28') in accordance with subsection (1)D of this section.
3. Driveways serving two (2) properties and all private roads shall have a recorded road users maintenance agreement that describes the responsible parties for construction and maintenance, including repairs, and necessary improvements to accommodate additional accesses in the future. The agreement shall also list any construction warranties applicable to the specific driveway or private road. Failure to maintain a previously approved driveway or private road shall be a violation of this article subject to the enforcement procedures in article 19 of this chapter.
4. All properties taking access to a private road shall be in compliance with the addressing standards in chapter 6, article 5 of this Code.
5. Driveways serving two (2) residences and all private roads shall be located to minimize disruption of existing agricultural practices.
C. Private Road On Subdivision Plat: A private road shall be shown as a separate, nonbuildable lot in accordance with the requirements of section 07-17-31: of this chapter.
D. Width Reduction: The width of a parcel's road frontage, easement or private road may be reduced by the Director if the reduction demonstrates all of the following:
1. Will the proposed reduction provide adequate access;
2. Do physical characteristics of the site require a width reduction; and
3. Would approval of the request cause injury, damage, or a safety hazard?
(2) Fire District Road Requirements: The construction of driveways or private roads longer than one hundred fifty feet (150') from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire district.
(3) Driveway And Private Road Requirements:
A. Minimum Standards: Driveways and private roads shall be built to the following minimum standards in table 1 of this subsection:
TABLE 1
Subbase Or Ballast | Base Course | Plant Mix Pavement (ISPWC Class III Mix) | Surface Width | ||
Driveways (serving a maximum of 2 inhabited buildings per definition in section 07-02-03: of this chapter): | |||||
Existing driveways that add a second residence | n/a | 4" thick 3/4 minus gravel base or equivalent recycled asphalt paving (RAP), graded and compacted | n/a | 12' wide all weather driving surface | |
New driveways built after January 19, 2005 | If less than 150': n/a If 150' or longer: 9" of uncrushed aggregate (pit run) | 4" thick 3/4 minus gravel base or equivalent recycled asphalt paving (RAP), graded and compacted | n/a | 12' wide all weather driving surface | |
Private roads (serving more than 2 permanent dwellings or inhabited buildings as defined in section 07-02-03: of this chapter): | |||||
Private roads that are estimated to serve 100 ADT or less | n/a | 4" thick 3/4 minus gravel base, graded and compacted | n/a | 20' wide all weather driving surface | |
Private roads that are estimated to serve more than 100 ADT | 9" of minus 6" uncrushed aggregate (pit run) | 6" of 3/4" crushed aggregate (gravel) | 2.5" thick | 24' for local roads and 26' for collector roads1 | |
Note:
1. Alternative pavement section designs that include geotextile fabrics, geogrids, cemented treated base, etc., may be submitted to the county for consideration and approval following review by the county engineer. Subbase thickness shall not be less than twice the maximum sized aggregate and base layer thickness shall not exceed 10 inches. Base is to be replaced in the GE pavement section at a ratio of 2.2:1 for plant mix and 0.9:1 for subbase.
1. Base to meet the requirements of ISPWC section 802, Table 1 - Type I Crushed Aggregate Base.
2. Subbase to meet the requirement of ISPWC section 801, Table 1 - 8 Inch, 6 Inch, Or 3 Inch Uncrushed Aggregate.
3. Trip generation per dwelling is 9.52 trips/day per ITE, "Trip Generation 9th Edition", rates for single-family detached housing. Total ADT for a private road is the total daily trips for the total dwellings entitled on properties using any segment of a private road.
4. The structural section of a private road shall be in accordance with the minimum section thickness as indicated in the table. Thinner sections of private roads may be possible based upon a traffic index proposed by the applicant and reviewed by the county engineer, an R-value (ITD method T-8) determined during the geotechnical investigation and the following formula:
GE (inches) = 0.0384*(TI)*(100-R) where GE equals gravel equivalence or the entire section of ISPWC - 3/4" base (section 802), TI = traffic index and R = R-value test result
R-value is to be determined by soil laboratory on a representative sample(s) from the project subgrade. Maximum subgrade R-value for design to be R-35. Subgrade is to be confirmed at the time of construction to be firm and stable. Soft, wet, or deflecting subgrade is to be addressed by project civil/geotechnical engineer(s).
5. Any private road shall be named and a sign conforming to the applicable highway district standards shall be erected and maintained at the property owners' expense. The road must have a road name approved by the director. The naming of roads shall comply with chapter 6, article 5 of this code. Verification of installation of road signs shall be provided to DSD.
B. Inspection And Certification: A driveway or private road must be constructed prior to final inspection of an inhabited building. The construction of driveways longer than one hundred fifty feet (150') from a public street right of way to the most distant portion of an inhabited building and private roads shall be inspected and certified by the applicant's engineer prior to obtaining a certificate of occupancy. This requirement may be waived by the director if a road construction warranty has been recorded.
C. Bridges: Bridges shall be inspected and certified by an engineer of the developer's choice, to have been constructed in compliance with all applicable federal, state, and local laws.
D. Cul-De-Sacs: Cul-de-sacs shall have a fifty foot (50') radius for a driving surface and a seventy foot (70') radius for right of way or easement. (Ord. 16-007, 6-20-2016)
Uses not specified are prohibited, unless determined by the director to be similar or accessory to at least one of the allowed or permitted uses for that particular zone. If a proposed use is similar to or accessory to a conditionally permitted use, the applicant may only receive permission for the similar or accessory use through a conditional use permit. (Ord. 10-006, 8-16-2010)
(1) No signs are allowed in any zones without an approved administrative decision with the following exceptions:
A. Nonilluminated Signs: The following types of signs, when not illuminated, do not require an administrative decision:
1. Signs related to home occupations in accordance with section 07-14-13: of this chapter.
2. Directional or information signs bearing no advertising message located within a parcel, and signs not exceeding four (4) square feet in area erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.
3. Any sign which is visible only from the parcel on which it is located.
4. Campaign signs, provided they are removed within seven (7) days after the election.
5. Property signs advertising the availability of property for sale, lease, or rent, but shall not be greater than thirty two (32) square feet.
6. Home signs. An accessory sign or nameplate announcing the names of the owners or occupants of the premises.
7. Memorial signs or tablets and names of buildings and dates of erection when cut into the surface or facade of the building.
8. Signs placed by a public utility showing the location of underground facilities.
9. Traffic or other county signs, signs required to be mentioned by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the board.
B. Agricultural Zone: Signs for any allowed or approved use not exceeding thirty two (32) square feet in area and not exceeding ten feet (10') in height. (Ord. 10-006, 8-16-2010)
C. Commercial And Industrial Zones: For commercial and industrial uses, the area of the sign shall not exceed sixty four (64) square feet and shall not exceed ten feet (10') in height, unless approved by an administrative decision from the director. Signs may be lighted, electric, or have moving parts but may not be a distraction to the public so as to be a traffic hazard. (Ord. 12-006, 3-22-2012)
(2) No sign shall be placed on a highway district right of way unless authorized by the highway district having jurisdiction.
(3) All signs must be placed so as not to block vision by oncoming traffic.
(4) All signs shall be maintained in good order and repair. If damaged, it shall be repaired or removed from the premises within thirty (30) days of notice from DSD.
(5) A building permit for a sign may be required upon review by DSD, or if the sign is over six feet (6') in height and permanently affixed to the ground.
(6) Standards for signs that require an administrative decision:
A. Application And Administrative Requirements: A site plan and letter of intent shall be submitted to DSD for review together with all appropriate fees as established by the adopted fee schedule.
B. Notifications: Upon acceptance of an application, DSD shall provide notification of the sign application by mail to the owners of parcels within six hundred feet (600') of the external boundaries of the parcel on which the sign will be located and shall provide such individuals a period of fifteen (15) calendar days from the date of the mailing to submit comments concerning the proposed sign. DSD shall also provide notice to the appropriate highway district for comment.
C. Comments: The director shall consider all comments that are received within the fifteen (15) day comment period prior to making a final decision concerning the sign request. In considering comments, the director shall evaluate whether such comments adequately demonstrate that the sign would be reasonably compatible with the surrounding vicinity.
D. Approval Shall Be At The Discretion Of The Director: The director shall consider all of the application materials as well as all comments received relating to the application and the uses of the surrounding properties in the determination of the compatibility of the proposed sign. The burden is on the applicant to show compatibility. The director may require conditions that are necessary to make the sign compatible with the surrounding vicinity.
E. Notice Of Decision: The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.
F. Appeal By Affected Person: Any affected person who is aggrieved by the director's decision as to an application pursuant to this subsection, may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010)
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