Chapter 18.15
ESTABLISHMENT OF DISTRICTS AND DISTRICT BOUNDARIES

Sections:

18.15.010    Establishment of districts.

18.15.020    District boundaries and official zoning maps.

18.15.030    Interpretation of district boundaries.

18.15.040    “E-S” environmentally sensitive overlay district maps.

18.15.050    Interpretation of environmentally sensitive overlay district boundaries.

18.15.010 Establishment of districts.

In order to classify, regulate, and restrict the location of trades and industries, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the unincorporated area of Black Hawk County, Iowa, is hereby divided into seven classes of districts. The use, height, and area regulations are uniform in each class of district, and said districts shall be known as:

“A”	Agricultural District
“A-L”	Agricultural-Limited District
“A-R”	Agricultural-Residential District
“R-S”	Residential-Suburban District
“R-M”	Residential-Multiple District
“C”	Commercial District
“C-M”	Commercial and Manufacturing District

In addition to the above listed districts, the designated environmentally sensitive areas within the unincorporated areas of Black Hawk County, Iowa, are hereby classified into an overlay district known as the:

“E-S”

Environmentally Sensitive Overlay District

[Ord. 36 § 6(A), 1995. Code 2009 App. A, § 6(A).]

18.15.020 District boundaries and official zoning maps.

With the exception of the environmentally sensitive overlay district, the boundaries of these districts are indicated upon the official zoning maps of Black Hawk County, Iowa, which maps are made a part of this chapter by reference. The said official zoning maps of Black Hawk County, Iowa, and all the notations, references and other matters shown thereon shall be as much a part of this chapter as if the notations, references, and other matters set forth by said maps were all fully described herein. The said official zoning maps shall be on file in the office of the Zoning Administrator of Black Hawk County, Iowa, and shall bear the signature of the Chairman of the Board of Supervisors attested by the County Auditor, under the certification that these are the official zoning maps referred to in this chapter. The official zoning maps shall show all amendments or changes and shall indicate the date of each amendment or change. It shall be the responsibility of the Zoning Administrator to see that the zoning maps are kept current at all times. [Ord. 36 § 6(B), 1995. Code 2009 App. A, § 6(B).]

18.15.030 Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of the various districts, except for the environmentally sensitive overlay district, as shown on the official zoning maps accompanying and made a part of this chapter, the following rules apply:

A. The district boundaries are either street line or alley lines unless otherwise shown, and where the districts designated on the maps accompanying and made a part of this chapter are bounded approximately by street lines or alley lines, the street lines or alley lines shall be construed to be the boundary of the district, street and alley right-of-way not included in zoned areas.

B. Where boundaries are indicated so they approximately follow lot lines and are not more than 20 feet distance therefrom, such lot lines shall be interpreted to be the boundary of the district.

C. Boundaries indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines shall be construed as following such lines.

D. Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits.

E. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

F. Boundaries indicated as approximately following the center lines of rivers, streams, creeks or other waterways shall be construed to follow such center lines.

G. Where no other indication of the district boundary is made and no dimensions are shown, the location of the boundary shall be determined by the use of the scale appearing on the maps.

H. Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the official zoning map; and, as such, said maps or portions of said maps need not be published. [Ord. 36 § 6(C), 1995. Code 2009 App. A, § 6(C).]

18.15.040 “E-S” environmentally sensitive overlay district maps.

A. The boundaries of the “E-S” environmentally sensitive overlay district shall be the same as shown in the official soil survey of Black Hawk County, published by the United States Department of Agriculture Soil Conservation Service, December 1978, or from a soil map upon an aerial photograph compiled and attested by a certified soil scientist or soil technician and on the flood insurance rate maps prepared as a part of the Flood Insurance Study for Black Hawk County and Incorporated Areas, dated July 18, 2011, as amended. These maps are hereby adopted by reference and declared to be the “E-S” environmentally sensitive overlay district. The soil characteristics, notations, and explanatory materials contained with the soil survey and the flood profiles and all explanatory material contained with the flood insurance study and the flood insurance rate maps are also declared to be a part of this chapter. Subsequent amendments and supplements to the survey and the flood insurance study shall be adopted automatically.

B. The environmentally sensitive overlay districts shall include the corresponding designated areas:

1. As identified in the soil survey as indicated below:

a. Poor Bearing Capacity Soils. Soils rated as severe for either building site development or sanitary facilities for requested use.

b. Excessive Slopes. Soils identified as having a “D” or “F” class slope or the special symbol for bedrock escarpments, other than bedrock escarpments, short steep slopes, and gullies.

c. Aquifer Recharge Areas. Soils identified as alluvial, channeled, muck, and/or wetland, or soils identified as having bedrock less than 60 inches from the surface or the special symbol for wetlands, spring, wet spots, depression or sink and rock outcrop.

d. Surface Waters. Areas identified by symbols for water features including rivers and streams: perennial; double-line and single-line intermittent; not crossable with tillage implements; lakes, ponds and reservoirs, both perennial and intermittent; and wetlands.

2. As identified in the Flood Insurance Study for Black Hawk County, Iowa, as indicated below:

a. Floodway (FW). The designated floodway on the flood boundary and floodway map.

b. Floodway Fringe (FF). The designated floodway fringe on the flood boundary and floodway map.

c. Shallow Flooding (SF). The designated “B” zone on the flood insurance rate map.

d. General Floodplain (FP). The areas shown on the flood boundary and floodway map as being within the approximately 100-year flood boundary, but for which the floodway and the floodway fringe and base flood elevation were not determined by the flood insurance study.

Note: The maps of the “E-S” environmentally sensitive overlay district are available for review in the office of the Black Hawk County Zoning Administrator. [Ord. 112, 2011; Ord. 36 § 6(D), 1995. Code 2009 App. A, § 6(D).]

18.15.050 Interpretation of environmentally sensitive overlay district boundaries.

The boundaries of the areas of the environmentally sensitive overlay district shall be determined by scaling distances on the flood insurance study maps and the soil survey. Where interpretation is needed to determine the exact location of the boundaries of the districts as shown on the maps, the Zoning Administrator shall make the necessary interpretation according to the technical report. As for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall advise the applicant of their possible options or alternatives. [Ord. 36 § 6(E), 1995. Code 2009 App. A, § 6(E).]