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Harlan, Iowa 51537
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Environmental Health

County zoning is authorized under Iowa Code Chapter 335.  Article 335.3 states : . . . the board of supervisors may by ordinance regulate and restrict the height, number of structures, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, and may regulate, restrict and prohibit the use for residential purposes of tents, trailers, and portable or potentially portable structures.  However, such powers shall be exercised only within the county but lying outside the corporate limits of any city."

What is the minimum size of lot I must own to have a house?  
  Zoning Ordinance Requirements
IF the land is Class I or II (prime farm ground) and has no house already existing (bare ground) you are required to have ten (10) acres.  [Article 7.09]
IF there is a house already standing (more than two years old) and the house is not hooked up to rural or city water, you are required to have two (2) acres. [Article 7.15]
IF there is a house already standing (more than two years old) and the house is hooked up to rural water, you are required to have twenty thousand (20,000) square feet, about 1/2 acre. [Article 7.15a]
  Sub Division Ordinance Requirements
"Any tract of land which is subdivided into three or more lots, any of which are five acres or less, and regardless of ownership of any of the lots, shall be considered a major subdivision and will require plats as herein set forth." [Article 5.04b]
Can I start a business in my home?
Under certain circumstances, home occupations are permitted.  These include beauty parlors, handicrafts, music schools but no retail sales. [Article 7.25]
How far from the lot line can I build?
In the agricultural area the set backs for single family dwellings are as follows:
Front yard, 50 feet
Side yard, 15 feet
Rear yard, 50 feet or 20% of lot depth [Article 7.4]
Are any structures exempt from County Zoning?
Yes, Iowa Code Chapter 335.2 states "...no ordinance adopted under this chapter applies to land, farm houses, farm barns, farm outbuildings or other buildings or structures which are primarily adapted, by reason of nature and area, for use for agricultural purposes while so used."
Are there permits required before I can build and is there a fee?
Yes, there is a Zoning Compliance Certificate required for construction outside the corporate limits.  There is no fee for this certificate.
If my request is denied, what is my next step?
If your request for a zoning compliance certificate is denied, you may apply for a variance before the Zoning Board of Adjustment.  This is a public hearing and there is a $50 fee to cover the official publication costs and mailings.
Do I have to appear at this hearing?
No. Of course no one can state your case better than you, but your attendance is not mandatory.
How long does this appeal process take?
Generally the administrator processes the appeal within 1 - 2 working days of receipt.  The Notice of Public Hearing must be published in the local paper not less than 15 nor more than 30 days prior to the hearing date.  Notice is also mailed to adjacent landowners and to the owners of the property in question.
How do I get my zoning district changed?
This would take a meeting of the Planning and Zoning Board to hear your request.  There is a $50 fee for this hearing to cover official publications and mailings.