CHAPTER 1 GENERAL PROVISIONS CHAPTER 2 LAND USE DISTRICTS AND REGULATIONS

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1 Table of Contents

2 CHAPTER 1 GENERAL PROVISIONS Section 101 Title Section 102 Authority Section 103 Purpose and Intent Section 104 Conflict With Comprehensive Plan Section 105 Relationship to Other Regulations Section 106 Repeals Section 107 Rules of Interpretation Section 108 Periodic Code Review Section 109 Dedications and Exactions Section 110 Applicability Section 111 Vested Rights Section 112 Reserved Section 113 Development of Regional Impact (DRI) Relationship to this Code 1-21 Section Reserved Section 120 Non-conformities Section 121 Eminent Domain Actions Section Reserved Section 130 Administrative Fees Section 131 Severability Section 132 Effective Date and Amendments Section 133 Use of Document Reserved CHAPTER 2 LAND USE DISTRICTS AND REGULATIONS Section 201 Relationship to Comprehensive Plan Section 202 Development Areas Section 203 Land Use Districts Established Section 204 Standard Land Use Districts Section 205 Use Tables for Standard Land Use Districts Section 206 Accessory Uses Section 207 Temporary Uses Section 208 Density and Dimensional Regulations for Standard Districts Section 209 Accessory Structures Section 210 Fences and Walls Permitted and Regulated Section 211 Pools and Screen Enclosures Section 212 Reserved Section 213 Dumpsters Section 214 Distance Between Buildings Section 215 Setbacks from Private Roads Section 216 Commercial Vehicle Parking and Storage Section 217 Distressed or Abandoned Vehicles Section 218 Boats, Utility Trailers, Sports Vehicles and Recreational Vehicles 2-49

3 Section 219 Setbacks for Residential Infill Section 220 Compatibility Standards Section 221 Principal Uses and Buildings Section 222 Agricultural Section 223 Property Maintenance Section 224 Alcohol Sales Section 225 Maintenance of Commercial, Office, and Industrial Structures and Premises Section 226 Irrigation Systems Section 227 Filling and Excavating Land Section 228 Measurement of Set Backs Section 229 Agritourism Section 230 Specific Provisions Applicable to Non-Residential Districts and Uses Section 231 Storage of Liquid Propane Tanks CHAPTER 3 CONDITIONAL USES Section 301 Purpose and Intent Section 302 General Provisions Section 303 Criteria for Conditional Uses CHAPTER 4 SPECIAL DISTRICTS Section 401 Selected Area Plan Districts, Established Section I-4 / NE Parkway Plan Districts Section Use Table for Interstate 4 Selected Area Plan Land Use Districts Section Ronald Reagan Parkway Plan District Section North US 27 Selected Area Plan Section US 98 Selected Area Plan Section State Road 559 Selected Area Plan Section The North Ridge Selected Area Plan Section The Brewster Selected Area Plan Section Southeast Polk Selected Area Plan Section 402 Development of Regional Impact and Pre-Development of Regional Impact Section 403 Neighborhood Plans Section Wahneta Neighborhood Plan CHAPTER 5 GREEN SWAMP AREA OF CRITICAL STATE CONCERN Section 501 Purpose and Intent Section 502 Planned Development in the Green Swamp ACSC Section 503 Planned Development in the Green Swamp ACSC Section 504 Ridge Special Protection Area (Ridge-SPA)

4 Section 505 Polk City/Urban Growth Special Protection Area (PC-SPA) Section 506 Rural Special Protection Area Section 507 Resource Protection Section 508 Special Procedure Requirements CHAPTER 6 RESOURCE PROTECTION Section 601 Purpose and Intent Section 602 General Provisions Section Reserved Section 610 Surface Water Protection Section Reserved Section 620 Wetland Protection Section Reserved Section 630 Flood Hazard Management and Flood Plain Protection Sections Reserved Section 640 Density Transfer and Credits Section 641 Airport Impact District (AID) Section 642 Military Compatibility Zones Section Reserved Section 650 Aquifer Protection Sections Reserved Section 660 Ecological Communities Sections Reserved Section 670 Wellhead Protection Sections Reserved Sections 679 Ridge Scenic Highway Section 680 Historic Preservation Sites CHAPTER 7 SITE DEVELOPMENT STANDARDS Section 701 Purpose and Intent Section 702 Connection to Centralized Water, Sewer, & Reuse Water Prov Section 703 Concurrency Section 704 Commercial, Industrial & Multi-Family Construction Plans Section 705 Access to County Transportation System Section 706 Right of Way Use Permits Section 707 Sidewalks Section 708 Parking Space Requirements Section 709 Parking Area Design Section 710 Alternative Parking Strategies (APS) Section 711 Clear Visibility Triangle Section Reserved Section 715 Mobile Home Stairs and Skirting Requirements Section 716 Used Mobile Homes Section Reserved Section 720 Landscaping and Buffering

5 Section 721 Credit for Existing Trees Sections Reserved Section 740 Storm Water Management Sections Reserved Section 750 Open Space Sections Reserved Section 753 Cluster Design Option Section 754 Reserved Section 755 Zero-Lot-Line Design Sections Reserved Section 760 Signs Section 761 Maximum Permissible Noise Levels by Land Use Designation CHAPTER 8 SUBDIVISIONS Section 801 Purpose and Intent Section 802 Applicability Section 803 General Provisions Section 804 Construction Plans Section 805 Reserved Section 806 Final Plats Section 807 Completion Guarantee Section 808 Engineers Certification and Subdivider=s Guarantee Section 809 Final Plat Approval and Recording Section 810 Re-plats and Modifications Section 811 Streets Section Reserved Section 820 Subdivision Design Standards Section 821 Access Section 822 Minimum Road Frontage Section 823 Right-of-Way Requirements Section 824 Roadway Design Sections Reserved Section 830 Uniform Street Address System CHAPTER 9 DEVELOPMENT REVIEW PROCEDURES Section 901 Applicability Section 902 Development Approval Section 903 Review Procedures Section 904 Level 1 Review Section 905 Level 2 Review Section 906 Level 3 Review Section 907 Level 4 Review Section 908 Level 5 Review

6 Section 909 Reserved Section 910 Impact Assessment Statements Section 911 Operating Permits Section 912 Code Amendments, Land Use District Modifications and Comprehensive Plan Amendments Section 913 Fee Refund Requests and Withdrawal of Applications Section 914 Transfer of Development Rights Section 915 Development Agreements Section 916 Reserved Section 917 Administrative Determinations Section 918 Administrative Decisions Section 919 Administrative Interpretations Section 920 Administrative Hearings by Planning Commission Section 921 Procedures for Appealing Decisions of Citizen Boards Sections Reserved Section 930 Variances & Special Exceptions Section 931 Criteria for Granting Variances Section 932 Waivers to Technical Standards Section 933 Reapplication for Land Use Change Sections Reserved Section 960 Public Notice Sections Reserved Section 970 Agencies and Boards Section 971 Department of Growth Management Section 972 Development Review Committee Section 973 Citizen Boards Section 974 Planning Commission Section 975 Reserved Section 976 Board of Adjustment Sections Reserved Section 980 Enforcement of Site Requirements Section 981 Enforcement of Code Provisions CHAPTER 10 DEFINITIONS APPENDIX A POLK COUNTY TECHNICAL STANDARDS MANUAL... A-1 Section A101 Purpose and Intent... A-1 Section A102 Drainage Design Requirements... A-1 Section A103 Road Design Requirements... A-15 Section A201 Site Construction Standards... A-17 Section A202 Clearing and Grubbing... A-17 Section A203 Excavation... A-18 Section A204 Soil Cement Standards... A-20 Section A205 Limerock Base... A-36

7 Section A206 Prime and Tack Coats for Base Courses... A-39 Section A207 Asphaltic Concrete Surface Course... A-41 Section A208 Portland Cement Concrete Pavement... A-57 Section A209 Culverts and Storm Sewers... A-62 Section A210 Inlets and Manholes... A-66 Section A211 Underdrains... A-67 Section A212 Sidewalks and Concrete Curb... A-68 Section A213 Seeding and Mulching... A-71 Section A214 Traffic Control... A-71 Section A215 Restoration of Existing Right-of-Way... A-72 Section A216 Utility Appurtenances in Roadways... A-74 Section A301 Commercial, Industrial and Multi-Family... A-75 Section A302 Purpose and Intent... A-75 Section A303 Drainage Design Requirements... A-76 Section A304 Road and Parking Area Design Requirements... A-76 Section A401 Site Construction Standards for Non-Residential Development... A-77 Section A402 Clearing and Grubbing... A-77 Section A403 Excavation... A-77 Section A404 Culverts and Storm Sewers... A-78 Section A405 Inlets and Manholes... A-78 Section A406 Inspection, Testing and Certification Requirements... A-78 APPENDIX B POLK COUNTY RECOMMENDED SPECIES LIST...B-1 Tree Species...B-1 Shrub Species...B-6 Ground Cover and Vines...B-11 Planting Material Guidelines...B-14 APPENDIX C POLK COUNTY TRAFFIC IMPACT STUDY METHODOLOGY AND PROCEDURES...C-1 Minor Traffic Study...C-2 Major Traffic Study...C-3 APPENDIX D (ABROGATED 1/7/2014 BY Ord )... D-1 APPENDIX E PARCEL SPECIFIC FUTURE LAND USE DESIGNATION WITH CONDITIONS... E-1 Section E101 Purpose and Intent... E-1 Section E102 Applicability... E-1 Section E103 Development in Established Parcel Specific Future Land Use with conditions (PSLUC)... E-1 Section E104 More Restrictive Provisions of LDC to Apply... E-1

8 Section E105 Parcel Specific Comprehensive Plan Amendments (CPA) with Conditions... E-3

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