Chapter 17.05


17.05.010    Purpose.

17.05.020    Title.

17.05.030    General provisions.

17.05.040    Subdivision ordinance changes and amendments.

17.05.010 Purpose.

To provide procedures and guidance for the approval of subdivisions, resubdivision, or dedications in the unincorporated areas of Black Hawk County; prescribing minimum standards for the design layout and development thereof; providing for the preliminary and final approval or disapproval thereof; providing for the enforcement and penalties for the violation thereof; all for the purpose of promoting the adequacy, safety and efficiency of the street and road system, and for the purpose of improving the health, safety, and general welfare of the citizens; and repealing all other ordinances or resolutions in conflict herewith. This title is permitted and specifically authorized in Iowa Code Chapter 354, Platting – Division and Subdivision of Land, as amended. This title shall not imply that Black Hawk County will actively encourage subdivision development in the unincorporated area of the County. On the contrary, Black Hawk County, in its comprehensive plan and zoning ordinance, encourages urban development to occur within an incorporated community whenever possible. [Ord. 39, 1996. Code 2009 App. B.]

17.05.020 Title.

This title shall be known and may be cited and referred to as the “Black Hawk County, Iowa, subdivision ordinance,” Ordinance No. 39. [Ord. 39 § 1, 1996. Code 2009 App. B, § 1.]

17.05.030 General provisions.

A. Application. This title shall apply to all plats, replats, and divisions of land into parcels, any of which are less than 35 acres, and lying in the unincorporated area of Black Hawk County, Iowa, including the subdivision of land within two miles of any city. The provisions of this title shall apply to the division of any lot or parcel of land entered of record in the office of the County Recorder as a single lot or parcel after the effective date of the ordinance codified in this title.

B. Plats within Two Miles of a City or Town. For preliminary and final plats of land within two miles of a city or town which has adopted ordinances regulating divisions of land within and outside of the city’s boundaries, up to a limit of two miles, the plats shall be filed with the municipality in accordance with the provisions of Iowa Code Section 354.9 or its successor, prior to or at the same time as filing with the County. Approval by one political entity does not automatically constitute approval by the others unless the political entities have so agreed.

C. Subdivision Classification. Any proposed subdivision or resubdivision shall be classified as a major, minor, or agricultural subdivision by the Zoning Administrator. To aid in this, the subdivider shall submit in writing or other appropriate documentation the principal 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 subdivider’s request.

D. Zoning. Any property proposed for subdivision shall be correctly zoned to accommodate the proposed use(s) before the subdivision process is begun.

E. Agricultural Plats. A subdivision which contains lots, parcels, sites, units, plots, or interests to be used for agricultural, environmental or non-developmental purposes, including parks and open areas, shall submit an agricultural plat. An agricultural plat may include a lot containing the farmstead being split from the farm. An agricultural plat shall not include any division that creates or expands a nonconforming use. Black Hawk County Planning and Zoning staff shall review an agricultural plat, prior to being recorded. If the plat is within a two-mile jurisdictional area of a city, the subdivider shall contact that city for its processing requirements. The plat shall contain the following notation:

Note: this platting is for agricultural or environmental purposes only and is not intended for development except in conformance with zoning regulations.

[Amended during 2014 recodification; Ord. 59, 2001; Ord. 56, 2000; Ord. 51, 2000; Ord. 39 § 3, 1996. Code 2009 App. B, § 3.]

17.05.040 Subdivision ordinance 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 should not become effective until after study and recommendation by the Planning and Zoning Commission and in accordance with the provisions of Black Hawk County and the Code of Iowa. [Ord. 39 § 14, 1996. Code 2009 App. B, § 14.]