Chapter 18.115
SPECIAL EXEMPTIONS

Sections:

18.115.010    Agricultural exemption.

18.115.020    Utility exemption.

18.115.010 Agricultural exemption.

In accordance with the provisions of Iowa Code Chapter 335.2, no regulation or restriction adopted under the provisions of this title shall be construed to apply to land, farmstead, farm houses, farm barns, farm outbuildings or other buildings, structures or erections which are primarily adapted by reason of nature and area for use for agricultural purposes, while so used.

A. Application. It shall be the responsibility of any person or group claiming that property is entitled to exemption on the basis of this section to demonstrate that the property is used for agricultural purposes.

B. Limitation. This exemption shall not apply to any structure, buildings, dam, obstruction, deposits or excavation in or on the floodplains of any river or stream.

C. Voluntary Compliance. It shall be the policy to seek voluntary compliance of the provisions of this title for agricultural uses, specifically, the minimum yard requirements of the applicable zoning district.

For any farm house constructed on a farm under this provision, no such farm house shall be requested to be rezoned or subdivided so as to be on less than the minimum lot size required for a farm house (farm dwelling) in the “A” agricultural district, regardless of the zoning district that the farm house is located within for a minimum time period of 15 years. [Ord. 115, 2011; Ord. 36 § 2(A), 1995. Code 2009 App. A, § 2(A).]

18.115.020 Utility exemption.

With the exception of the environmentally sensitive “E-S” overlay district, public utilities, as herein defined, shall be considered principal permitted uses in all districts under this title and shall be subject to the review process described in this section, as well as the requirements of the appropriate district.

Prior to authorization by the County, the Planning and Zoning Commission shall review each public utility proposal and provide a recommendation on the need for and appropriateness of the requested use to the County Board of Supervisors, who shall determine whether or not the project is approved. Public utility equipment such as poles (excluding towers), wires, cables, conduits, streets, railroads (including railroad spurs), trails, driveways, bridges, culverts, etc., are exempt from the review process. [Ord. 113, 2011; Ord. 41, 1997; Ord. 36 § 2(B), 1995. Code 2009 App. A, § 2(B).]