A.
Any use that is not specifically listed in a zoning district or overlay and that does not fall within a general land use definition of § 340-2.2 is prohibited within that district or overlay.
B.
The accessory uses specifically listed in the tables of permitted and conditional uses for the zoning districts shall be allowed only as specified in the table. Accessory uses other than those specifically listed are permitted in all zoning districts, as indicated in the tables of permitted and conditional uses.
This section is intended to provide that accessory buildings and uses are compatible with the principal use of the property on which they are located, as well as adjacent properties.
A.
Attached buildings and structures. Attached accessory buildings and structures shall meet all the requirements of this chapter which apply to the principal structure to which they are attached.
B.
Detached buildings.
(1)
Location.
(a)
Detached accessory buildings and structures shall not be located in a required front yard.
(b)
If located partially or completely between the side lot line and the main building on the lot, detached accessory buildings and structures shall meet the minimum side yard requirements established for the principal building to which they are accessory.
(c)
Detached accessory buildings and structures shall not be closer than three feet to any other lot line. However, a roof or canopy of an accessory building may project into a required side yard a point 1/3 the distance to the lot line from an exterior wall.
(d)
Detached accessory buildings and structures shall not occupy more than 40% of the required rear yard.
(e)
Detached accessory buildings and structures shall be set back from any adjacent street in accordance with the minimum distance required for a principal building on a lot.
(f)
No portion of an accessory building shall be located closer than three feet to the principal building or other accessory structure on the same lot.
(g)
Except when located within the UTR-1, UTR-2, UTC-1, UTC-2 and UC-1 Districts, the detached building shall follow the accessory building standards as required by the zoning district.
(3)
Design. The detached accessory structure shall be constructed to complement the principal building, including the use of similar materials and color palette of the principal building when the detached accessory structure exceeds 900 square feet.
C.
Exceptions for accessory structures. Detached accessory structures may exceed the limitation of 900 square feet after approval of a conditional use permit, provided the following conditions are met:
(2)
In the AG and RR-1 Zoning Districts, the detached accessory structure shall meet the setback requirements established for the principal building, except that the setback shall be established at 50 feet from any property line adjacent to a residential district.
D.
Time and construction. An accessory structure or use may not be constructed or established prior to commencement of construction or establishment of the principal structure or use to which it is accessory.
E.
Use of dwelling restricted. No accessory structure shall be used for living, sleeping or housekeeping services except by domestic employees employed on the premises and the immediate families of such employees, and then only when said structure has met all City codes and ordinances relating to residential construction and occupancy. Additionally, no such occupancy shall be permitted prior to issuance of a certificate of occupancy for the principal structure.
F.
Accessory retail and service uses.
(1)
A coffee shop, gift shop, cafeteria, news stand, barber shop, beauty shop, pharmacy or similar accessory commercial service uses may be established as an accessory use within a nursing, rest or convalescent home in a TR-4, MR-1, MR-2 or UTR-2 Zoning District, provided such home contains at least 50 patient beds.
(2)
A coffee shop may be established as an accessory use in a multi-unit structure, provided such structure or related complex of structures contains at least 36 dwelling units.
(3)
Such accessory commercial service uses shall be for the convenience of and for service to the residents, patients, guests or employees occupying the building. No off-premises advertising of any kind shall be allowed in connection with an accessory use.
(4)
No exterior signs shall be placed on the premises indicating to the general public that a portion of the premises is being used for an accessory use.
G.
Accessory child-care facilities. Child-care facilities, including nursery and preschools, shall be permitted as accessory uses in places of worship and public, quasi-public, and private institutional buildings, subject to compliance with City building codes and all other applicable state and local regulations.
H.
Swimming pools. Private swimming pools may be located in rear yards, subject to compliance with City building codes and all other applicable state and local regulations.
I.
One-unit dwellings in the PD-MH District. One one-unit detached dwelling may be considered an accessory use in a manufactured/mobile home community, provided that such dwelling is used only as a residence for a watchperson, custodian or manager and their family located on the premises where they are employed.
[Amended 8-17-2023 by Ord. No. 23-21]
J.
Solar energy collector. A solar energy collector and heat storage unit of a size needed to supply the building to which it is appurtenant shall be considered an accessory use and be so regulated. Said unit may encroach into a required side yard not to exceed 36 inches but shall not project into the required front yard.
K.
Bulletin boards. Bulletin boards are permitted accessory uses and may be located in a required front or side yard, provided the placement of such bulletin boards does not obstruct the required corner visual clearance or otherwise present a traffic safety hazard.
L.
Garage setbacks. The front side (that is, the side containing the main garage door) of either a detached or attached garage shall be set back a minimum of 25 feet from the property line.
Artist live/work space shall conform to the standards applicable to home occupations, except that the floor area devoted to nonresidential activity shall not be limited.
Bed-and-breakfast establishments shall comply with the following standards:
Car washes shall be subject to the following:
A.
When adjacent to a residential district, the interior side yard setback and rear yard setback shall be 15 feet.
B.
Vacuum stations and related equipment shall comply with the setbacks of the primary structure.
C.
Section 340-8.4, Landscaping and screening standards, shall be followed; except that the buffer yard between a residential district and a car wash shall be limited to the structural buffer yard standard.
D.
All car wash bays and tunnels and all related equipment shall be designed to minimize the creation of, and reduce the carrying off premises, of airborne particles of water, chemicals and dust.
E.
An on-site queuing plan showing a minimum capacity of three vehicles shall be approved by Planning and Engineering staff.
G.
If accessory to a gas station, the car wash building shall be constructed of similar materials to the primary structure.
Delayed deposit services shall have a distance separation of 1,000 feet from any child-care center, educational facility, park or recreational facility, religious institution or other delayed deposit service use.
These regulations shall apply to all uses that include drive-thru facilities and to all portions of a development that comprise the drive-thru facility.
A.
Required stacking spaces. Uses that include drive-thru service shall provide not less than the following numbers of stacking spaces:
| Table 9.7-1 Drive-Thru Stacking Requirements | ||
|---|---|---|
| Activity/Use | Minimum Number of Stacking Spaces Required (per drive-thru lane) | Measured from |
| Bank | 3 | Teller window or ATM |
| Restaurant, drive-thru | 6; a minimum of 2 shall be located after the order board and a minimum of 4 shall be located at and before the order board | Pick up window/order board |
| Car wash: | ||
| Full-service vehicle washing | 6 | Outside of washing bay |
| Self-service or automated vehicle washing | 2 | Outside of washing bay |
| Gas station | 2 | Pump Island |
| Automobile service station | 2 | Bay doors |
| Personal services and retail sales: large, medium, small, speciality | 4 | Pick-up window |
| Uses other than listed | As determined by the Zoning Official | |
B.
Size and site requirements.
(1)
Drive-thru facilities shall not be permitted on lots less than 10,000 square feet.
(2)
Drive-thru facilities adjacent to residential zoning shall be set back a minimum distance of 20 feet from the property line to the nearest point of any stacking lane.
(3)
Drive-thru facilities shall be set back a minimum of five feet from side property line and shall not be located in any easement without approval of an encroachment agreement.
(4)
Stacking lanes shall comply with the applicable setback distance from the right-of-way.
(5)
Drive-thru lanes shall not be directly accessed from or exit onto any public street.
C.
Stacking space and lane requirements.
(1)
Drive-thru stacking lanes shall have a minimum width of eight feet and a minimum length of 20 feet.
(2)
The first position in a drive-thru station, located at the window, is counted as a stacking space.
(3)
When stacking lanes are separated from other stacking lanes, bypass lanes or from other site areas, the separation shall be by means of a raised concrete median, concrete curb or landscaping.
(4)
All stacking lanes must be clearly identified, using a combination of striping, landscaping and/or signage.
(6)
The entrance to a stacking lane shall be located in a manner to avoid conflicting with the street access.
(7)
Pedestrian access to building entrances or internal pedestrian sidewalks shall not pass through any portion of drive-thru stacking lanes.
Auxiliary dwelling units, attached and detached, are subject to the following standards:
A.
Occupancy of any auxiliary dwelling unit shall be limited to no more than two persons.
B.
Only one auxiliary dwelling unit, either detached or attached, shall be permitted on a lot.
C.
The auxiliary dwelling unit shall have a maximum floor area of not more than 700 square feet.
D.
Auxiliary dwelling units shall comply with all yard requirements of the zoning district.
E.
The vehicle access door of any new garage associated with the construction of an auxiliary dwelling unit shall be set back a minimum of 25 feet from any street right-of-way line.
F.
No more than one of the units, either the principal dwelling unit or the auxiliary dwelling unit, may be non-owner-occupied. A deed restriction shall be recorded prior to issuance of a building permit for the auxiliary dwelling unit to provide notice of this requirement to subsequent owners.
G.
Annual registration and inspection of the non-owner-occupied dwelling unit (auxiliary or primary) is required. If the owner fails to register and submit to an inspection, the auxiliary dwelling unit shall not be occupied until compliance is obtained.
H.
The auxiliary dwelling unit shall not be larger in area or height than the principal dwelling unit.
I.
A new separate driveway providing exclusive access to the auxiliary dwelling unit shall not be permitted.
J.
Detached auxiliary dwelling units shall be located at least 10 feet from the principal dwelling unit.
K.
Detached auxiliary dwelling units shall not be located closer to the street than the principal dwelling unit.
In all zoning districts permitting one-unit detached dwellings, the following standards shall apply to all one-unit detached dwellings:
A.
The main body shall have a minimum dimension of not less than 22 feet.
B.
There shall be a continuous and complete perimeter foundation of the main body.
C.
The main structure shall be permanently affixed to the foundation.
D.
All hitches, wheels, axles and any types of other towing devices shall be permanently removed.
E.
All manufactured homes, as defined by the Code of Iowa, shall be converted to real estate and assessed as real property in accordance with the Code of Iowa, if located outside a manufactured/mobile home community, and must also comply with standards of Chapter 206, Manufactured/Mobile Home Communities, § 206-29, of the Code of Ordinances.
F.
A manufactured home must be constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act and must have displayed an appropriate certification label issued by the United States Department of Housing and Urban Development, and must not have been altered in violation of applicable codes. If a structure lacks such certification, it must conform to the State Building Code.
G.
All structures must conform to the site and structure requirements and other provisions applicable to the zoning district in which such structure is located.
H.
All structures are subject to the inspections required of any dwelling unit and lot, including but not limited to zoning, foundation, sidewalk, drainage, utility connections and similar items. The fees pertaining to relevant plan reviews and inspections shall also apply.
I.
In the context of this chapter, the dimensions of a structure shall be measured at the building line and not at the foundation line.
Gas stations shall be subject to the following:
A.
Restaurants in gas stations shall be required to meet the parking requirements for restaurants in addition to those for gas stations.
B.
Fuel pumps shall be located no closer than 20 feet to any lot line and shall be located so that a vehicle using the fuel pump does not encroach into the public right-of-way or onto adjoining property.
C.
Pumps and canopies shall be located either:
(1)
Behind the principal building, not visible from the street or public space; or
(2)
On corner lots may be located on the side of the principal building. However, corner side pumps and canopies shall not be located towards 6th Avenue, 7th Avenue or public parks, schools and open spaces.
(3)
On corner lots, the principal building shall be built to the intersection.
(4)
These regulations do not apply to the BR, M-1 and M-2 Districts.
D.
Gas stations shall be buffered from any residential use, including mixed-use buildings, by a ten-foot planting strip, with shrubs and/or trees that form a barrier at least 30 inches tall. A decorative fence or other non-natural barrier can be used with fewer plantings to form an opaque barrier. Other screening requirements in this chapter for trash and mechanical equipment shall be met.
E.
Lighting shall be shielded downward to prevent glare onto adjacent properties.
F.
Pedestrian routes shall be defined, differentiated from vehicle areas, to the building entrance from the public sidewalk and pumping areas.
G.
A maximum of two access points are allowed and can be from either the primary or secondary facing street, provided they meet SUDAS standards and receive approval from the City Engineer.
H.
Truck stop fueling stations are permitted one additional access point when located within the M-1 or M-2 Zoning District, provided it meets SUDAS standards and receives approval from the City Engineer.
I.
Electric charging stations count towards minimum parking requirements.
J.
No outdoor storage or automotive repairs are allowed on site.
K.
Canopies shall have similar color and architectural features as the primary building.
"Home occupations," as defined in § 340-2.2, shall comply with the following regulations. The regulations of this section are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities which are traditionally carried out in a home.
A.
Vehicular or pedestrian traffic to the business shall not exceed that normally experienced by exclusively residential use.
B.
Customer visits are by appointment only and are limited to no more than two customers in any one-hour period, with the exception of an in-home day care.
C.
Home occupation identification signs shall be limited to those permitted by § 340-8.3 of this chapter.
D.
No display that will indicate from the right-of-way that the building is being utilized in part for any purpose other than that of a dwelling shall be allowed.
E.
No home occupation shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other nuisance that is perceptible beyond the lot lines.
F.
All home occupations shall be conducted entirely within an enclosed building; but may be conducted outdoors, provided that all activities are screened from view by a solid six-foot-high fence, except for an in-home day care.
G.
No materials or equipment associated with the home occupation shall be stored outside the building, unless screened from view by a solid six-foot-high fence, except for an in-home day care.
H.
The following businesses, occupations or activities are specifically prohibited as home occupations as being incompatible with residential uses and/or for the purpose of protecting public health and safety:
(1)
Motor vehicle and accessory sales or rental, repair and/or painting, and/or detailing, including trailer rental or sales.
(2)
Medical or dental clinics.
(3)
Restaurants.
(5)
Funeral homes.
(6)
Nursery schools, but not day-care centers with six or fewer children.
(7)
Repair shops or service establishments, except the repairs of electrical appliances, typewriters, cameras, lawn mowers or other similar small items.
(8)
Animal breeding operations.
(9)
Contractor's yards.
(10)
Any other use that is incompatible with residential uses and/or a danger to the public health and safety.
Kennels shall comply with the following standards:
A.
Outdoor runs and exercise areas shall be a minimum of 1,000 feet from any residential zoning district.
B.
Outdoor kenneling shall be limited to veterinary offices/animal hospitals in a Manufacturing District.
C.
All animals shall be kept either within completely enclosed structures or under direct control of the kennel operator or staff at all times, and shall be kept within completely enclosed structures between the hours of 10:00 p.m. and 7:00 a.m.
D.
The operation of the kennel shall not allow the creation of noise by any animal or animals under its care which can be heard by any person at or beyond the property line of the lot on which the kennel is located, which occurs:
A medical cannabidiol manufacturer shall not operate in any location, whether for manufacturing, possessing, cultivating, harvesting, transporting, packaging, processing or supplying, within 1,000 feet of a public or private school existing before the date of the medical cannabidiol manufacturer's licensure by the Department of Public Health. (Iowa Code § 124E.7 through § 124E.10)
A.
A medical cannabidiol dispensary shall not operate in any location within 1,000 feet of a public or private school existing before the date of the medical cannabidiol dispensary's licensure by the Department of Public Health. [Iowa Code Chapter 124E]
B.
A registered dispensary shall not be located in a house, apartment, condominium or an area zoned for residential use.
A.
Intent. Mini-warehouse facilities are self-storage spaces designed and used for the purpose of renting or leasing individual spaces to tenants to have access to such space for the purpose of storing and removing personal/business properties. Mini-warehouse facilities are permitted in the M-1 Light Manufacturing and M-2 General Manufacturing Zoning Districts only, except as permitted below.
B. SELF-STORAGE, EXTERIOR ACCESS SELF-STORAGE, INTERIOR ACCESS STORAGE UNIT, COMMERCIAL STORAGE UNIT, PORTABLE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Real property designed and used for the purpose of renting or leasing individual spaces to tenants with exterior access to such space for the purpose of storing and removing personal or business-related property; not including storage containers as permanent structures. All storage of goods and materials under this definition shall occur within a completely enclosed structure.
Real property designed and used for the purpose of renting or leasing individual spaces to tenants within a single building for the purpose of storing and removing personal or business-related property primarily accessed from the interior of the building.
A storage container between 20 feet and 40 feet in length designed for storage of commercial, industrial or residential household goods, and which does not contain a foundation or wheels for movement; i.e., large shipping containers, semi-tractor trailer.
Any box container constructed of wood, steel or other similar material intended for the use of storage or keeping household goods or other personal property or construction material that is intended to be filled, refilled or emptied while located outdoors on a residential property, which may be later removed from the property for storage off-site or on completion of remodeling or building. This definition shall also include any polystructure or polyshelter, which means any structure with a frame of steel or other material which is covered by plastic, polyurethane, vinyl, canvas or other similar flexible sheeting material.
C.
Use regulations.
| Table 9.15-1 Permitted/Conditional Use of Mini-Warehouse Facilities by Zoning District | ||||||
|---|---|---|---|---|---|---|
| P = Permitted Use C = Conditional Use A = Permitted as Accessory Use | ||||||
| BL | BC | BR | M-1 | M-2 | Specific Use Standards | |
| Self-storage, exterior access | P | P | ** | |||
| Outdoor storage | A | A | ||||
| Self-storage, interior access | P | P | P | ** | ||
| Outdoor storage | A | A | ||||
| Self-storage, exterior access | A | A | ||||
| Storage units, commercial | A/C | A/C | ** | |||
| Storage units, commercial (temporary) | A | A | A | A | ||
(1)
Self-storage, exterior access. This building type is intended to allow for single-story, long-row, connected units with exterior access doors in the Manufacturing Districts. The following development standards shall apply in addition to development standards cited elsewhere in this chapter, including, but not limited to, landscaping, open space, buffers, screening, parking and setbacks.
(a)
Views of individual unit exterior doors shall be screened from the public street or from nonindustrial or commercially zoned or developed properties.
(b)
Outdoor storage areas allowed by this section should be consolidated into a single area and screened as required elsewhere in this section.
(c)
Fences and walls used to provide screening shall be maintained in a neat, clean, safe and structurally sound condition. RVs, boats and recreational trailers may exceed the height of the fence or wall; all other materials shall not exceed the height of the wall or fence. Fences shall be placed no closer to the front lot line than the front yard established by the buildings or building setback.
[1]
Barbed wire or any similar fencing material shall be prohibited in the BR District and within the required front yard setback of the M-1 and M-2 Districts and when adjacent to any residential, office or commercial zoning district.
[2]
Uncoated chain-link fences shall not be permitted in any zoning district.
(d)
All storage and or driving surfaces shall be hard-surfaced.
(e)
Accessory exterior access self-storage shall be located only in the rear yard.
(2)
Self-storage, interior access. This building type is intended to allow for facilities where all units are accessed by interior hallways. These structures shall emulate the exterior architecture and character of buildings in the specific district in which the facility is located. The following standards shall apply, in addition to development standards cited elsewhere in this chapter, including, but not limited to, landscaping, open space, buffers, screening, parking and setbacks.
(a)
No more than two area of access shall be provided, If the facility abuts residentially zoned property, the facility loading bay, docks or doors shall not be visible from the residentially zoned or residentially developed property.
(b)
Ground floor and upper floor facades shall be designed to be compatible with adjacent development and shall include architectural design elements. Examples of such architectural design elements include varied massing, proportion, facade modulation, exterior building materials and detailing, varied roof line.
(c)
Buildings shall be surfaced with high-quality, durable materials such as stone, split-face block or brick and architectural tilt-up/precast panels consistent with the surrounding development. Unfaced concrete block, painted masonry and nonarchitectural metal siding are prohibited in the BR Regional Business District.
(d)
Outdoor storage shall be prohibited in the BR District.
(e)
No building shall exceed three stories in height. Buildings adjacent to a residentially zoned property shall not exceed two stories.
(3)
Storage units, commercial.
(a)
As defined in Subsection B of this section, this building type includes but is not limited to piggyback containers that can be transported by mounting on a chassis, but does not include:
[1]
Prefabricated sheds that are not designed for transport after erection.
[2]
Commercial trailers used by construction or industrial uses in the regular performance of their business (as opposed to simply for on-site storage).
[3]
Containers that are located on a lot or parcel for periods of less than 30 days in a calendar year for purposes of storage of goods during the relocation of a household.
(b)
Storage units, commercial (permanent). A commercial storage container shall be subject to the following use-specific standards:
(c)
Storage units, commercial (temporary). A temporary commercial storage container shall be subject to the following use-specific standards:
[1]
No temporary commercial storage container shall be more than eight feet in height nor more than 40 feet in length.
[2]
Temporary commercial storage containers shall not be stacked vertically.
[4]
A temporary commercial storage container shall not remain on any site for more than 90 days in any one calendar year period unless a conditional use permit for a longer period has been obtained.
[5]
A temporary commercial storage container that remains on site in excess of 90 days with approval of a conditional use in any zone district, except the M-2 District, shall be screened from view by an opaque fence or wall.
(4)
Storage units, portable. A portable storage unit may be permitted in any district, subject to the following:
(a)
A portable storage unit is intended to be used only for temporary storage. It is not intended to be used for long-term, on-site storage, and any such use in any zoning district is expressly prohibited.
(b)
The outside dimensions shall not exceed 16 feet in length, eight feet in width and nine feet in height.
(c)
Portable storage units are prohibited within any street right-of-way.
(d)
Portable storage units shall not remain on any site for more than 30 days per year.
(e)
Portable storage units shall be placed on a hard surface.
(f)
A portable storage unit shall be placed on premises, provided the unit is located in a manner that does not hinder pedestrian or vehicular access to the premises, and does not obstruct intersection sight distance and shall be a minimum of 12 feet from any adjacent property's driveway, alley or back-of-street curb.
(5)
Prohibited uses. The only activity permitted in individual storage units shall be the storage of goods and property. Storage units shall not be leased or used for:
(a)
Residences, offices, workshops, studios, hobbies, events or rehearsal areas.
(b)
Manufacturing, fabrication or processing of goods, services or repair of vehicles, engines, appliances or other electrical equipment or any industrial activity.
(c)
Retail sales of any kind, including, but not limited to, garage sales, auctions or to conduct any other commercial activity, except in business office or retail storefront; excludes auctions of units conducted by the property owner or manager due to nonpayment, default or other storage business operations.
(d)
The storage of flammable, perishable or hazardous materials or the keeping of animals.
A.
Newly established motor vehicle sales and leasing establishments shall have a minimum lot area of 100,000 square feet.
B.
All outdoor motor vehicle display areas shall be landscaped in accordance with § 340-8.4, except:
(1)
Where an outdoor motor vehicle display area adjoins a building wall containing showroom display windows, building foundation landscaping may be relocated when:
(a)
An equivalent amount of building foundation landscaping is provided at an alternate location between the building wall and the street, at a location not more than 125 feet from the building wall.
(b)
The vehicle display area adjacent to the building wall is constructed as a concrete-curbed platform, paved with decorative concrete or masonry.
(c)
Building foundation landscaping is provided adjacent to or within 16 feet of all exterior corners of the building wall.
(2)
Internal parking lot landscaping may be relocated to the perimeter of the outdoor motor vehicle display area in a location visible from streets adjoining the lot; however, landscape islands shall be required at the end of all vehicle display rows.
Major motor vehicle service and repair shops shall not store or park any vehicle on the lot, including but not limited to wrecked or junk vehicles, for longer than 45 days. All repair operations shall be conducted within fully enclosed buildings, and all storage of vehicles and equipment shall be fully screened by means of fencing or landscaping or a combination thereof.
Minor motor vehicle service and repair shops shall not store or park any vehicle on the site for longer than five business days. Minor motor vehicle service and repair shops with fuel pumps shall also comply with the requirements applicable to gas stations. All repair operations shall be fully enclosed, and wrecked or junked vehicles shall not be stored for longer time periods than those specified above.
Motor vehicle storage shall comply with the following standards:
A.
Off-street parking facilities designed to conform with the requirements of § 340-8.2, Parking and loading regulations, may be used for motor vehicle storage, in compliance with the following requirements:
C.
Motor vehicle storage lots shall not be used as off-street parking facilities unless modified to comply with all requirements of this chapter.
D.
Commercial vehicles shall only be stored in the M-2 District.
E.
Stored vehicles shall be operable, and no wrecked or junked vehicles shall be permitted.
F.
Signage advertising the vehicles for sale or rental is prohibited.
G.
Motor vehicle storage lots shall not be used to conduct retail sales and no retail customers shall be present at any time.
Temporary motor vehicle storage shall be limited to a period of 180 days. No lot shall be used for temporary motor vehicle storage for more than 180 days in any one-year period.
Outdoor arts, crafts and plant shows, exhibits and sales conducted by a nonprofit or charitable organization shall be permitted in any nonresidential zoning district, and may be conducted in addition to the time limits for outdoor sales areas for a period of not more than seven days.
Sidewalk cafes shall comply with the following standards:
A. REGULAR SEASON SIDEWALK CAFE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The period of time from March 1 through December 1 of any year.
A group of tables, chairs, barriers or partitions, and trash receptacles maintained upon part of the public right-of-way next to a storefront used by an establishment with a valid food and drink permit for the sale to the public of food, refreshments and/or beverages of all kinds.
B.
Use restrictions.
(1)
A sidewalk cafe in the public right-of-way may be operated only as set forth in the Code of Ordinances.
(2)
A sidewalk cafe in the public right-of-way may be allowed only where permitted by this chapter.
(3)
The sidewalk cafe area must be contiguous with a side of a building wherein a restaurant, retail business and/or food service establishment is located.
(4)
Only restaurants, bars or other businesses where a majority of the business is the sale or dispensing of food or drink may request permission to operate a sidewalk cafe.
C.
Permit required; fee.
(1)
No establishment owner shall operate a sidewalk cafe in the public right-of-way without a permit therefor. The restaurant owner shall file an application with the City Manager on a form provided by the City Manager. The owner shall agree to abide by all state and local laws governing use of the public right-of-way and with any ordinances or policies, including the Outdoor Dining Design Guidelines Manual, relating to sidewalk cafes. City Council may approve a deviation from the Outdoor Dining Design Guidelines Manual with both a showing of good cause for said deviation and said deviation does not cause substantial interference with the use of the sidewalk as a pedestrian right-of-way. The application for a new permit shall include the location of all trees, poles, benches, grating and other amenities or obstructions in the right-of-way, and the location of any proposed furniture or equipment. The application shall be accompanied by a photograph or detailed renderings of the sidewalk cafe area and all proposed tables, chairs, barriers or other furniture or equipment. The applicant shall pay a fee established by the City Manager or adopted by resolution of City Council. The permit shall be for one twelve-month period from the date of issuance of the permit and shall allow for continuous use of the sidewalk cafe area during the regular season and daily use as weather permits during all other times.
(2)
The City Manager may revoke a sidewalk cafe permit upon written notice to the restaurant owner for a violation of the conditions of the permit and after a reasonable opportunity for the restaurant owner to remedy the violation has expired. Grounds for termination of the permit include, but are not limited to: a) a violation of state liquor control laws; b) a violation of this chapter, including this section; or c) the creation of a safety hazard, health hazard or public nuisance. The City Manager may also terminate the permit if the City Manager determines there is a substantial and reasonable need for use of the public right-of-way where the sidewalk cafe area is located for a valid public purpose.
(3)
The restaurant owner shall provide a certificate of insurance with coverage satisfactory to the City Manager and shall agree to hold the City, its officers and employees harmless from and against any and all claims of any kind arising out of the use of the public right-of-way.
D.
Designated area.
(1)
Allowing for pedestrian use. A sidewalk cafe area located on 7th Avenue shall not extend onto the sidewalk in a manner that will not allow a minimum of six feet of unobstructed sidewalk adjacent to the street for pedestrian use. All other sidewalk cafes shall not extend onto the sidewalk in a manner that will not allow a minimum of five feet of unobstructed sidewalk adjacent to the street for pedestrian use.
(2)
Obstructing street corners. No tables and chairs shall be placed in street corner areas defined by building lines extended to the street.
(3)
Delineation. The sidewalk cafe area shall be delineated by a suitable method which shall be clearly visible to pedestrians and shall be in conformance with the most current Outdoor Dining Design Guidelines Manual. City Council may approve a deviation from the Outdoor Dining Design Guidelines Manual with both a showing of good cause for said deviation and said deviation does not cause substantial interference with the use of the sidewalk as a pedestrian right-of-way.
(4)
Tables and chairs secured. During the regular season, any table, chairs and other items that are used outdoors shall be secured within the sidewalk cafe area at the end of each day's operation of the sidewalk cafe area so that they are unusable and do not block or obstruct emergency exits from any building. If the sidewalk cafe area is used outside of the regular season, all tables, chairs and other items shall be removed from the area at the end of each business day.
(5)
Public amenities prohibited. A sidewalk cafe area may not include any publicly owned amenities such as benches, seats, tables or trash receptacles.
E.
Days and hours of operation.
(1)
A sidewalk cafe may be operated during the regular season unless there is a snow emergency or other emergency which requires the closing of cafe areas. During all other times, so long as the business has a valid permit, the sidewalk cafe may be used on a daily basis, but all items shall be removed from the area at the end of the business day.
(2)
A sidewalk cafe shall not be operated between the hours of 2:00 a.m. and 6:00 a.m. each day, and alcohol shall only be served in cafe hours during times allowed by the establishment's liquor license.
F.
Sound equipment. Amplified sound equipment shall not be permitted in a sidewalk cafe area.
G.
Operation.
(1)
Right to limit number of cafe areas. The City Manager shall have the right, in the City Manager's discretion, to limit the number of sidewalk cafe areas.
(2)
Blocking building entrances or exits. No building entrances or exits shall be blocked in a sidewalk cafe area.
(3)
Obstructing pedestrian right-of-way. The operation of the sidewalk cafe shall not obstruct the pedestrian right-of-way adjacent to the sidewalk cafe area. No sidewalk cafe furniture or barricade shall be placed closer than four feet to a street, light pole, meter pole or other infrastructure so as to create an unobstructed route of less than six feet (72 inches) in width on 7th Avenue and five feet in width in all other locations. The sidewalk cafe shall be enclosed by a barricade not less than 30 inches high and not more than 40 inches high. A sidewalk cafe shall remain within the approved boundaries of the sidewalk cafe area as shown on the restaurant owner's application.
(4)
Rest room capacity. The Building Official may require additional restroom capacity for an establishment with a sidewalk cafe to comply with building and housing requirements in the Code of Ordinances.
(5)
Occupancy limits. Occupancy limits for a sidewalk cafe area shall be determined as set forth in criteria for outdoor service of alcoholic beverages on public rights-of-way and as provided in the Code of Ordinances.
(6)
Parking. The establishment owner shall not be required to provide additional parking for the operation of a sidewalk cafe.
(7)
Inspection. A sidewalk cafe area shall be subject to inspection at any time in the discretion of the City Manager.
(8)
Serving food and alcoholic beverages; employee to monitor. A sidewalk cafe serving food or alcoholic beverages shall have at least employee monitoring the area at all times when customers are being served in the cafe area. Service of food or alcoholic beverages in a sidewalk cafe area shall be limited to persons seated at tables in the sidewalk cafe area.
(9)
Trash and litter removal. The restaurant owner shall be responsible for trash removal and shall maintain the area and the area within five feet of the sidewalk cafe area in a clean and litter-free manner during all hours of operation. The restaurant owner shall restore the area and the area within five feet of the sidewalk cafe area to its normal condition as a pedestrian way, free of litter, after operation of the sidewalk cafe each day. Failure to comply with this subsection shall constitute a public nuisance.
(10) ELECTRONIC VAPORIZER NICOTINE PRODUCT SMOKING TOBACCO PRODUCT
Smoking and the use of tobacco, nicotine products and vaporizers prohibited. Smoking in the cafe areas is prohibited at all times in accordance with Iowa Code Chapter 142D, which prohibits smoking in any public place, outdoor seating for restaurants or outdoor entertainment venue. Further, the use of any tobacco product, nicotine product or electronic vaporizer by any person in the Uptown Artway is also prohibited at all times. This subsection does not apply to the use of prescription medications by the person to whom the prescription was issued nor to the use of gum or patches designed as and marketed for smoking cessation. As used in this subsection, the following terms shall have the meanings indicated:
any device, including, but not limited to, e-cigarettes, e-pens, e-hookah, e-cigars and vape pens, used to vaporize plant material, liquids, oils, nicotine or other chemicals that may be inhaled by users.
Any product containing nicotine, including lookalike products where the original would include tobacco or nicotine, including products that are dissolvable, spitless, snus or for chewing.
Inhaling or exhaling from any lighted or heated pipe, cigar, cigarette or any other lighted or heated tobacco, plant material, liquid, oils, nicotine or other chemicals that may be inhaled by the user.
Any cigarette or tobacco product as defined in Chapter 453A of the Iowa Code.
(11)
Fires. Setting a fire is prohibited except in fireplaces and/or designated areas.
(12)
Access to utilities. The establishment owner shall not in any way interfere with access to public or City utilities located and/or operated within the public right-of-way.
(13)
Conformance with state, federal and local laws. The operation of a sidewalk cafe shall conform to all applicable state, federal and local laws.
Outdoor entertainment shall be permitted only as an accessory use to a restaurant, except as a temporary use in accordance with § 340-9.32.
This section regulates outdoor sales areas that are used for longer periods of time than temporary outdoor sales areas, whether permanent or seasonal. These outdoor sales areas are permitted only if allowed by the regulations of the zoning district in which the lot is located, and shall conform to the following requirements:
A.
Outdoor sales shall not be conducted within 50 feet of any residential zoning district or public street unless completely screened from view. Complete screening shall consist of an opaque barrier of landscaping, walls, fencing, berms or other methods sufficient in density and height to render the outdoor sales operation invisible from the lot line of any lot in a residential zoning district, and from the street. Outdoor sales located more than 50 feet from residential zoning districts and public streets need not be screened.
B.
The lot coverage of outdoor sales areas on the lot shall be limited to not more than 5% of the lot area; the lot coverage of temporary outdoor sales areas shall not be included in this calculation.
C.
Outdoor sales shall be conducted only within a designated area.
D.
Outdoor sales areas and the surrounding premises shall be maintained in an orderly manner, free of litter and other refuse. Storage of goods for sale shall be no more than five feet in height. Outdoor sales shall not obstruct required access to buildings or parking spaces on the site, or to adjoining property.
E.
Outdoor sales areas accessory to a gas station are permitted without a conditional use, provided their area is limited to a total lot coverage of 30 square feet multiplied by the number of dispensing pumps on the lot, and shall be located only within the pump islands or on a sidewalk adjoining the building. Outdoor sales accessory to a gas station in excess of this limitation shall require a conditional use, if required by the district regulations.
Temporary outdoor sales shall be limited to three events within one calendar year per lot. These events shall be restricted to the following time limits: one event of not more than 60 days, and two events of not more than 30 days each. This does not include residential sales as defined within § 340-9.30.
Outdoor storage, other than parking and storage of commercial and recreational vehicles, shall only be allowed as an accessory use as provided in the district regulations, and shall be screened in accordance with § 340-8.4.
All business, sales, service, storage and display of goods, manufacturing and repairs shall be conducted wholly within enclosed buildings, except where a permanent or temporary outdoor use is specifically allowed by this chapter.
Sexually oriented businesses shall be defined and regulated under Chapter 263 of the Code of Ordinances, provided that adult uses shall be subject to the following standards:
A.
No adult use shall be located within 1,000 feet of any residential district, U-1, U-2 or PI District, or within 1,000 feet of a place of worship, public park, licensed day-care center, school or another adult use.
B.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any adjacent property. This provision shall apply to any display, decoration, sign, show window or other opening.
A.
No personal property shall be offered for sale or sold at any residential sale unless it is owned by the resident, the resident's immediate family or adjoining residents within one block of the principal resident.
B.
A residential sale shall be limited to a term of 72 hours (three days).
C.
No more than two residential sales shall be held in any calendar year per lot.
A.
Temporary buildings, including manufactured/mobile homes, that are used solely for office or storage purposes in conjunction with construction work only, may be permitted in any zoning district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
B.
Temporary contractor's or real estate sales offices, both incidental and necessary for the sale or rental of real property, shall be permitted in any zoning district when accessory to a construction project for which a building permit or site development permit has been issued. Such uses shall be limited to a period not to exceed the duration of the active construction phase of such project or the active selling and leasing of space in such development. No such use shall contain any sleeping or cooking accommodations, except those located in a model unit.
C.
Tents. No tent or similar structure shall be erected, used or maintained for human residence, except such small tents that are used for temporary recreational purposes. Erection, use and maintenance of tents and similar structures for nonresidential uses shall be subject to the fire prevention and other applicable regulations of the City.
[Amended 8-17-2023 by Ord. No. 23-21]
A permit shall be required for temporary uses allowed in this chapter, except that temporary uses operated or sponsored by a governmental entity and located on a lot owned by that entity do not require a permit, but shall otherwise be subject to the requirements of this section. The applicant shall submit a site plan or other suitable description to the Zoning Official, with any required permit fee. As a condition of permit issuance, the Zoning Official may require conformance with specific conditions regarding the operation of the temporary use as may be reasonably necessary to achieve the requirements of this section. If the Zoning Official finds that the applicable requirements have not been met, they may revoke the permit and may require the cessation of the temporary use. Where a permit for a temporary use has been revoked, no application for a new permit shall be approved within six months following revocation. All temporary uses shall comply with the following requirements:
A.
No temporary use shall be established or conducted so as to cause a threat to the public health, safety, comfort, convenience and general welfare, either on or off the premises.
B.
Temporary uses shall comply with all requirements of the Fire Code and other applicable codes and regulations. If necessary to ensure the protection of public safety due to the presence of a particular hazard, the Fire Chief may require the operator of the temporary use to employ a fire watch team and/or appropriate security personnel.
C.
Temporary uses shall not obstruct required fire lanes, access to buildings or utility equipment or egress from buildings on the lot or on adjoining property.
D.
Temporary uses shall be conducted completely within the lot on which the principal use is located, unless the City Council authorizes the use of City-owned property or rights-of-way.
E.
When a permit is required for a temporary use, the Zoning Official shall make an assessment of the number of parking spaces reasonably needed for the permanent uses on the lot where the proposed temporary use is to be located, on the basis of the particular temporary use, the seasonal demand for parking on the lot at the time the temporary use is proposed and the availability of other public and private parking facilities in the area.
F.
The Zoning Official may deny the permit for a temporary use if they find that the temporary use will result in inadequate parking being available for permanent uses on the same lot that are not connected with the business proposing the temporary use.
G.
During the operation of the temporary use, the lot on which it is located shall be maintained in an orderly manner, shall be kept free of litter, debris and other waste material, and all storage and display of goods shall be maintained within the designated area. Storage of goods for sale shall be no more than five feet in height.
A.
Statement of purpose. The purpose of this section is to establish zoning regulations for the operation of urban agriculture activities and to provide standards for the siting, design, maintenance and modification of urban agriculture activities that address public safety and minimize impacts on residents and historic resources in the City of Marion.
B.
BEEKEEPER
COLDFRAME
COLONY
COMPOSTING
COMPREHENSIVE FARM REVIEW
CONTROLLED ENVIRONMENT AGRICULTURE (CEA)
FARM AREA
FARM STAND
FARM STRUCTURES
FARMERS' MARKET
GREENHOUSE
HIVE
HONEYBEE
HOOPHOUSE
LOCAL
OPEN AIR ROOFTOP FARM
RAISED BED
ROOFTOP GREENHOUSE
URBAN AGRICULTURE
URBAN FARM, GROUND LEVEL
URBAN FARM, GROUND LEVEL, LARGE
URBAN FARM, GROUND LEVEL, SMALL
URBAN FARM, ROOF LEVEL
URBAN FARM, ROOF LEVEL, LARGE
URBAN FARM, ROOF LEVEL, SMALL
VERTICAL AGRICULTURE
Definitions. For the purposes of this section, the following words and phrases shall have the meanings indicated:
A person or persons managing and maintaining honeybees in a hive or hives.
A temporary, unheated outdoor structure, no higher than 36 inches, used for protecting seedlings and plants from the cold. Coldframes may be erected for up to six months during any given calendar year.
A natural group of honeybees having a queen or queens.
A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used as fertilizer.
An evaluation by the Community Development Department staff of the City of Marion for the overall design and siting of an urban farm and farm structures. Activities defined as urban agriculture must conform to the Zoning Code, specifically this section, in all other respects, and must be processed and approved by the Community Development Department for the City of Marion.
Any agricultural technology that enables the grower to manipulate the environment to desired growing and/or cultivation conditions.
The area of a lot designated for activities and uses defined as urban agriculture.
A farm structure such as a table, stall or tent, in use during that urban farm's growing season, and operated by a sole vendor for the sale of agricultural or horticultural products.
Those structures that may include but are not limited to sheds (tool and packing), compost bins, shade pavilions, farm stands, trellises or other vertical supports for growing crops, and structures used to extend the growing season such as greenhouses, hoophouses, coldframes, freight containers and similar structures.
A public market administered by a market manager and held multiple times per year to connect and mutually benefit local farmers, communities and shoppers. Vendors may include local farmers, farmers' cooperatives and producers selling any of the following: whole produce; value-added agricultural products such as jams, jellies and pickles; prepared food; all agricultural and horticultural products, including but not limited to whole produce; plants; flowers; meats; dairy products; shellfish and finfish; and other food-related products.
A permanent structure made of glass, plastic or fiberglass in which plants are cultivated year-round under controlled temperature and humidity settings.
A manufactured receptacle or container prepared for the use of honeybees that includes movable frames, combs and substances deposited into the hives by honeybees.
A subset of bees in the genus Apis, primarily distinguished by the production and storage of honey and the construction of perennial, colonial nests out of wax.
An outdoor structure made of flexible PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape, generally tall enough for a person to enter standing up.
From Iowa or Midwestern States.
An unenclosed area of a rooftop that is used for urban agriculture for commercial purposes, whether for-profit or nonprofit.
A method of cultivation in which soil is placed over a geotextile barrier, and raised and formed into three- to four-foot-wide mounds. The soil may be enclosed by a frame generally made of untreated wood. Raised beds are not considered a structure.
A permanent structure located on a roof made of glass, plastic or fiberglass in which plants are cultivated year-round.
The use of a lot for the cultivation of food and/or horticultural crops and accessory composting. Such use may include farm stands, accessory keeping of hens, ducks or honeybees where allowed by underlying zoning.
The use of a lot on the ground plane for urban agriculture for commercial purposes, whether for-profit or nonprofit.
A ground level urban farm with a farm area one acre or greater that is used for urban agriculture for commercial purposes, whether for-profit or nonprofit.
A ground level urban farm with a farm area less one acre that is used for urban agriculture for commercial purposes, whether for-profit or nonprofit.
The use of a roof for urban agriculture for commercial purposes, whether for-profit or nonprofit.
A roof level urban farm with a farm area greater than one acre that is used for urban agriculture for commercial purposes, whether for-profit or nonprofit.
A roof level urban farm with a farm area less one acre that is used for urban agriculture for commercial purposes, whether for-profit or nonprofit.
An exterior building wall or other vertical structure designed to support the growing of agricultural or horticultural crops.
C.
Applicability. No urban agriculture activity shall be conducted, or farm structure erected, except in compliance with the provisions of this section. The provisions of this section apply to all urban agriculture activities, whether such activity is a primary use or an accessory use; provided, however, that the provisions of this section shall not apply to any of the following:
(1)
Any urban agriculture activity for which appeal to the Board of Adjustment for any zoning relief has been made prior to May 21, 2015, and provided that such zoning relief has been or is thereafter granted by the Board of Adjustment pursuant to such appeal; or
(2)
Any urban agriculture activity conducted, or farm structure erected, pursuant to a building permit issued prior to May 21, 2015.
(3)
Notwithstanding the above, any replacement of either such urban agriculture activity or farm structure described in this section with another urban agriculture activity or farm structure must comply with all the requirements of this section.
D.
Permit required.
(1)
Permit required. No person shall grow or maintain an urban farm within the City of Marion without a valid urban farm permit obtained from the permitting officer under the provisions of this section.
(2)
Application. In order to obtain a permit, an applicant must submit a completed application on forms provided by the permitting officer, either online or in paper form, and paying all fees required by this section.
(3)
Requirements. The requirements to the receipt of a permit include:
(a)
All requirements of this section are met.
(b)
All fees for the permit, as may be set from time to time by City Council resolution, are paid in full.
(c)
All judgments in the City's favor and against the applicant have been paid in full.
(d)
The applicant has provided notice to the residents of all immediately adjacent dwellings of the applicant's intent to obtain a permit.
(e)
The applicant has provided a site plan consistent with the requirements of a comprehensive farm review.
(4)
Issuance of permit. If the permitting officer concludes, as a result of the information contained in the application, that the requirements for a permit have been met, then the officer shall issue the permit.
(5)
Denial, suspension, revocation, nonrenewal. The permitting officer may deny, suspend, revoke or decline to renew any permit issued for any of the following grounds:
(a)
False statements on any application or other information or report required by this section to be given by the applicant.
(b)
Failure to pay any application, penalty, reinspection or reinstatement fee required by this section or City Council resolution.
(c)
Failure to correct deficiencies noted in notices of violation in the time specified in the notice.
(d)
Failure to comply with the provisions of an approved mitigation/remediation plan by the permitting officer, or designee.
(e)
Failure to comply with any provision of this section.
(6)
Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.
(7)
Effect of revocation, etc. When an application for a permit is denied, or when a permit is revoked, the applicant may not reapply for a new permit for a period of one year from the date of the denial or revocation.
(8)
Appeals. No permit may be denied, suspended, revoked or not renewed unless notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the permitting officer has denied, revoked, suspended or not renewed a permit, the applicant or holder of an urban farm permit may appeal the decision to the City Manager, or designee other than the permitting officer, within 10 business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the officer hearing the appeal or any decision by the permitting officer which is not appealed in accordance with this section shall be deemed final action.
E.
Urban farm, ground level.
(1)
Use regulations. The primary activity to be performed on a ground level urban farm shall be the cultivation of plants and horticultural crops; other activities may be subject to permitting.
(2)
Maximum height of farm structures. Farm structures, including but not limited to hoophouses, sheds and shade pavilions, shall be subject to the applicable height limits in the underlying zoning.
(3)
Setbacks for farm structures. Subject to § 340-9.2, Accessory buildings and uses, all farm structures shall be set back five feet from all property lines in all districts.
(4)
Signage. The following regulations shall apply to signage used for urban farms and shall meet the requirements of § 340-8.3, Sign regulations:
(a)
Types of signage.
(b)
Sign design review.
[1]
Urban farms subject to comprehensive farm review shall provide, as part of their CFR submittal, a signage plan showing proposed signage and related architectural features on the sign frontage.
[2]
Signs shall not encroach upon sidewalks, driveways, and/or other rights-of-way, and shall be displayed so as not to create a nuisance or hazard.
F.
Urban farm, roof level.
(2)
Use regulations. The primary activity to be performed on a roof level urban farm, or within a farm structure, shall be the cultivation of plants; other activities may be subject to permitting.
(3)
Maximum height of farm structures. Farm structures, including but not limited to hoophouses, sheds and shade pavilions, shall be subject to the applicable height limits in the underlying zoning; except for rooftop greenhouses, which shall be no higher than 25 feet from the roof surface.
G.
Comprehensive farm review.
(1)
Purpose of comprehensive farm review. The purpose of the comprehensive farm review (CFR) requirement of this section is to ensure that all urban farms are sited and designed in a manner that is sensitive to the surrounding neighborhood. In addition, any urban agriculture activities that are designed as part of a new building, including but not limited to rooftop agriculture, are integrated into the overall design and architecture of the new building through comprehensive farm review.
(2)
Applicability of comprehensive farm review. Comprehensive farm review shall be required for all urban farms.
(3)
Urban farm permit. A comprehensive farm review shall be completed prior to issuance of an urban farm permit.
(4)
Conditional use permit approval. Comprehensive farm review shall be reviewed and approved as a part of the conditional use permitting process for large ground level or large roof level urban farms. The Board of Appeals shall not grant a conditional use permit for a large urban farm or large roof level farm unless the conditions of this section are met.
(5)
Information required for a complete application for comprehensive farm review.
(a)
The information required for comprehensive farm review shall include:
[1]
At minimum, a sketch plan showing planted areas, footprints for all farm structures, driveways, parking areas and landscape buffers;
[2]
At minimum, a sketch drawing for farm structures;
[3]
Photographs of existing site and adjacent properties to provide site context;
[4]
Proposed plans for irrigation, and controls for stormwater runoff as required by City of Marion; and
[5]
Proposed signage plan showing proposed signage.
(b)
Such submission materials shall describe or illustrate the dimensions, location and appearance of:
[1]
All proposed urban agriculture activities, materials used, screening, fencing, landscaping, and the like, in a manner that is sensitive to the surrounding area; and
[2]
Any existing buildings which will remain along with the proposed urban agriculture activities, if applicable, and any farm structures within the visible context of such activity.
(6)
Design guidelines. This subsection establishes the following design guidelines for all proposed urban farms subject to comprehensive farm review.
(a)
Site plan.
[1]
Site planning, including location of farm structures, vehicular access and parking areas, should be designed to enhance the street frontage and surrounding buildings and spaces. In addition, placement of farm structures should respect significant landscape features on the site, such as rock outcroppings, drainage areas and mature trees.
[2]
Vehicular access and egress to and from an urban farm should minimize traffic impacts on the adjacent roadways and provide safe visual access for drivers and pedestrians.
[3]
Composting, equipment storage and disposal areas shall not be located in the front setback, unless there are special circumstances that make it necessary. While a driveway may be allowed in the front setback, the parking zone shall only be permitted within the side or rear setbacks of the property.
[4]
Composting which is accessory to an urban farm shall be used primarily to support on-site operations and shall comprise no more than 5% of the lot area.
(b)
Structures. New farm structures should be compatible with the size, scale and material of the surrounding built and natural environment.
(c)
Perimeter fencing. Any perimeter fencing for ground level urban farms may be made of one or more materials, such as masonry (piers or walls), metal pickets, decorative metal, post-and-rail, wrought iron, shadow box, vinyl-coated chain link or board-type wood. The use of uncoated metal chain-link fencing is discouraged. The use of plywood sheeting also is discouraged. Two or more materials may be used in combination with each other, and piers and walls may be used in combination with fences.
(d)
Screening and buffering.
[1]
Walls and fences. Screening walls and fences may be made of one or more materials, such as masonry (piers or walls), decorative metal, shadow box or board-type wood. The use of uncoated metal chain-link fencing is discouraged. The use of plywood sheeting also is discouraged. Two or more materials may be used in combination with each other, and piers and walls may be used in combination with fences.
[2]
Landscape screening. Street-facing landscape elements, such as fencing, street trees, plantings and signage, should be compatible with the surrounding architecture and environment provided pursuant to this section. Plantings may be all deciduous or all evergreen, or a mixture of both types. Shrubs shall be densely planted. Trees required by this section may be evergreen or a combination of deciduous and evergreen, and of a sufficient size to provide adequate screening. Existing mature trees and shrubs shall be maintained unless this is not possible.
[3]
Composting, loading or disposal area screening. Any composting, loading or disposal areas that abut a public street, a public park, a residential district or residential use shall be screened from view as provided. Such screening can include trees, shrubs and perennial borders and/or screening walls and fences. Any fencing shall not be less than 50% opaque and shall be no less than three feet and no more than six feet in height; unless otherwise provided for in this code.
[4]
Outdoor storage. Any material or equipment stored outdoors shall be surrounded by a wall or fence or vegetative screen of such height, not less than six feet high, as may be necessary to screen such material or equipment from view from any public street or public open space.
(e)
Lighting. Lighting for ground level urban farms, roof level urban farms and rooftop greenhouses should be limited to that required for operational and safety purposes of any activity defined as urban agriculture so as not to create a nuisance through excessive brightness to abutting residential uses. For ground level urban farms, roof level urban farms and rooftop greenhouses abutting residential uses, the applicant shall supply a lighting schedule and plans to mitigate fugitive light.
(g)
Maintenance.
[1]
All urban farms required to comply with this section shall be maintained exclusively for the activities defined as urban agriculture so long as a use requiring them exists.
[2]
Urban farms shall be used in such a manner in which at no time shall they constitute a nuisance or a hazard to the surrounding neighborhood. Urban farms shall be maintained in a healthy growing condition, especially in the off-season.
[3]
There shall be no parking of vehicles or equipment between a fence, hedge or other landscape screening and the public way, such as the street or sidewalk. Inside storage of any materials, supplies or products is preferred.
H.
Accessory composting.
(1)
Maximum height.
(2)
Setbacks.
(a)
Compost bins, structures and windrows shall be set back five feet from all property lines on ground level urban farms in all districts.
(b)
Compost bins, structures and windrows shall not be located in the front yard or in a side yard that abuts a street in all Residential, Business and Central Corridor Districts.
(3)
Lot coverage. Composting which is accessory to an urban farm shall be used primarily to support on-site operations, and shall comprise no more than 5% of the lot area.
I.
Accessory keeping of honeybees. Accessory keeping of honeybees shall be allowed as a conditional use in all zoning districts. The Board of Appeals shall not grant a conditional use permit for the accessory keeping of honeybees unless the conditions of this section are met.
(1)
Maximum number of hives. The maximum number of hives on any given lot or roof for personal consumption of honeybee products shall be two.
(2)
Maximum height and size. No hive shall exceed five feet in height and 20 cubic feet in size on any lot.
(3)
Beekeeping requirements.
(a)
Setbacks.
[1]
Where there is a wall, fence or similar barrier between the subject property and adjacent property, no setback from the property line is required. Where there is no wall, fence or similar barrier between the subject property and adjacent property, hives shall be set back five feet from the property line.
[2]
Hives shall not be located in the front yard or in a side yard that abuts a street in all Residential, Business and Central Corridor Districts.
[3]
No hive shall be located closer than 10 feet to a public sidewalk.
(4)
Hive placement and flyways. For any ground level hive that is within 20 feet of the doors and/or windows of the principal building on an abutting lot, either of the following conditions must exist:
(a)
The hive opening must face away from doors and/or windows; or
(b)
A flyway of at least six feet in height comprised of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the hive such that the honeybees fly upward and away from neighboring properties. The flyway shall be located within three feet of the entrance to the hive and shall extend at least two feet in width on either side of the hive opening.
(5)
Compliance with state and local laws. All beekeeping shall comply with applicable state and local laws and regulations.
J.
Farmers' markets and farm stands.
(1)
(2)
Farm stands. Up to one farm stand may be constructed given the following regulations:
(a)
Use regulations.
[1]
Accessory farm stands selling and/or distributing only horticultural and agricultural products are allowed where urban farms are allowed, provided that a single stand does not exceed 200 square feet in total floor area.
[2]
Accessory farm stands are conditional in all other districts where retail is not allowed by the applicable underlying zoning, unless they are accessory to an urban farm.
[3]
Accessory farm stands are only permitted to sell products produced on the urban farm upon which the stand is accessory.
(b)
Placement and safety. Accessory farm stands shall not encroach upon sidewalks, driveways and/or other rights-of-way, and shall be erected so as not to create a nuisance or a hazard.
(c)
Permits required. The operation of a farm stand requires all applicable permits as required by Iowa Administrative Code, 481 Chapter 30, Food and Consumer Safety.
K.
Abandonment.
(1)
Removal requirements. Any urban farm which has been abandoned shall be cleared and restored to its original state. The owner/operator shall physically remove all farm structures no more than 180 days after the date of discontinued operations. More specifically, site clearing shall consist of:
(a)
Physical removal of all farm structures, farm equipment and machinery;
(b)
Disposal of all composting and agricultural waste in accordance with local and state waste disposal regulations; and
(c)
Stabilization or revegetation of the site as necessary to minimize erosion. The Community Development Department may allow the owner to leave landscaping in order to minimize erosion and disruption to vegetation.
(2)
Abandonment. The former ground level or roof level urban farm site shall be considered abandoned when it fails to operate for more than one year without the written consent of the Community Development Department.
(3)
The Building Official or designee shall determine what proportion of the site is inoperable for the facility to be considered abandoned. If the applicant fails to remove the farm structures, farm equipment and machinery in accordance with the requirements of this section within 180 days of abandonment, the Building Official or designee shall have the authority to enter the property and conduct all removal activities.
L.
Regulations. The City of Marion City Council may promulgate regulations to administer this section.
Veterinary offices/animal hospitals shall comply with the following standards:
A.
Outdoor exercise areas that directly abut or face any residentially zoned properties, commercially zoned properties and any public street shall be screened with a 100% opaque, non-see-through fence or wall.
B.
All animals shall be kept either within completely enclosed structures or under the direct control of the facility operator or staff at all times, and shall be indoors between the hours of 10:00 p.m. and 7:00 a.m.
C.
Veterinary offices/animal hospitals providing on-site service to domestic animals only and including outdoor kennels, commercial boarding services, except as an accessory use, crematory services or twenty-four-hour emergency service shall be located at least 100 feet from any lot in any residential district; all outdoor kenneling shall be limited to clinics located in a Manufacturing District.
A. ANTENNA FAA FCC HEIGHT PREEXISTING TOWERS and PREEXISTING ANTENNAS PUBLIC TOWER
As used in this section, the following terms shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna existing prior to the effective date of March 9, 2000.
The State of Iowa or any of its governmental subdivisions.
Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
B.
Applicability.
(2)
Public towers or antennas. Any tower or antenna owned and operated by the State of Iowa or any of its governmental subdivisions or used by the State of Iowa or any of its governmental subdivisions shall be exempt from this section, provided the tower or antenna is for governmental purposes.
(3)
Amateur radio station operators/individual residential antennas. This section shall not govern any tower, or the installation of any antenna, that is 70 feet or less in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for an individual residence (dish antenna, etc.). Any tower, or the installation of any antenna, that is greater than 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for an individual residence (dish antenna, etc.) shall be subject to a conditional use review pursuant to Subsection F of this section.
(5)
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
C.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Official an inventory of its existing towers that are either within the jurisdiction of the City or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Official may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the City; provided, however that the Zoning Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following general aesthetic requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. Notwithstanding any provisions of this section, the construction of towers, antennas and supplemental buildings and equipment shall comply with applicable state and local building, electrical and mechanical codes, as amended from time to time. If, upon inspection, the City concludes that such facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the facility, the owner shall bring such facility into compliance as set forth in said notice.
(8)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(10)
Signs. No signs shall be allowed on an antenna or tower, other than safety or warning signs.
(11)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 15 of this section.
(12)
Multiple antenna/tower plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.
(13)
Co-location. No wireless communications owner, operator, lessee and/or employee thereof shall act to exclude or attempt to exclude any other wireless communications provider from using the same building, structure or location. Wireless communications owners, operators, lessees and/or employees thereof shall cooperate in good faith to achieve co-location of wireless telecommunications towers, antennas and equipment with other wireless communications providers.
(14)
Certification of information. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
D.
Administratively permitted uses generally. The following provisions shall govern the issuance of administrative approvals for towers and antennas:
E.
List of administratively permitted uses. The following uses may be permitted by the Zoning Official after conducting an administrative review:
(1)
Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with said tower, in the following zoning districts:
| OS | Office/Service |
| M-1 | Light Manufacturing |
| M-2 | General Manufacturing |
| PI | Public Institutional |
(2)
Locating a tower, including the placement of additional buildings or other supporting equipment, in Planned Development Zoning Districts, provided said facilities are in compliance with an approved final development plan. If not specifically included on an approved final development plan, a revised final development plan shall be required pursuant to Article VI of this chapter.
(3)
Locating antennas on existing structures or towers consistent with the terms of Subsection E(2)(a) and (b) below.
(a)
Any antenna which is not attached to a tower, that is an accessory use to a public structure in any district, or an accessory use to a commercial or industrial structure located in any district except those listed in Subsection G(2) of this section, provided:
[1]
The antenna is located as far from the edge of the roof or top of the structure as possible and does not extend more than 15 feet above the highest point of the structure when attached to the roof or top of the structure;
[2]
The antenna is mounted in a configuration as flush to the wall as technically possible and does not project above the wall on which it is attached when mounted to the wall of a structure;
[3]
The antenna complies with all applicable FCC and FAA regulations;
[4]
The antenna complies with all applicable building codes; and
[5]
A license or lease authorizing such antenna or tower has been approved by the property owner.
(b)
Any antenna which is attached to an existing tower, provided a licensed engineer certifies the existing tower can structurally accommodate the additional antenna.
G.
List of conditional uses. The following conditional uses may be permitted by the Zoning Board of Adjustment:
(1)
Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with said tower, in the following zoning districts:
| AG | Agricultural Holding |
| RR-1 | Rural Residential |
| SR-E | Suburban Residential Estate |
| SR-1 | Suburban Low-Density Single-Family Residential |
| SR-2 | Suburban Medium-Density Single-Family Residential |
| SR-3 | Suburban Medium-Density Single-Family Residential |
| SR-4 | Suburban Two-Family Residential |
| SR-5 | Suburban Three- and Four-Family Residential |
| TR-1 | Traditional Low-Density Single-Family Residential |
| TR-2 | Traditional Medium-Density Single-Family Residential |
| TR-3 | Traditional Two-Family Residential |
| TR-4 | Traditional Four-Family Residential |
| MR-1 | Medium-Density Multiple-Family Residential |
| MR-2 | High-Density Multiple-Family Residential |
| BC | Community Business |
| BR | Regional Business |
| ROS | Recreation and Open Space |
(a)
In the AG Zoning District, towers shall be permitted as an accessory use to permitted electrical utility infrastructures.
(b)
In the AG Zoning District, towers shall not be erected for the sole purpose of providing additional coverage of cellular communications, but co-locating on such towers shall be allowed as part of a conditional use.
(2)
Locating antennas on existing structures consistent with the terms of Subsection G(2)(a) through (f) below is permitted in the following districts:
| BL | Local Business |
| BC | Community Business |
| BR | Regional Business |
| OS | Office/Service |
| M-1 | Light Manufacturing |
| M-2 | General Manufacturing |
| PI | Public Institutional |
(a)
The antenna is an accessory use in the following districts:
| AG | Agricultural Holding |
| RR-1 | Rural Residential |
| SR-E | Suburban Residential Estate |
| SR-1 | Suburban Low-Density Single-Family Residential |
| SR-2 | Suburban Medium-Density Single-Family Residential |
| SR-3 | Suburban Medium-Density Single-Family Residential |
| SR-4 | Suburban Two-Family Residential |
| SR-5 | Suburban Three and Four-Family Residential |
| TR-1 | Traditional Low-Density Single-Family Residential |
| TR-2 | Traditional Medium-Density Single-Family Residential |
| TR-3 | Traditional Two-Family Residential |
| TR-4 | Traditional Four-Family Residential |
| MR-1 | Medium-Density Multiple-Family Residential |
| MR-2 | High-Density Multiple-Family Residential |
| U-1 | Uptown 1 |
| U-2 | Uptown 2 |
| UTC-1 | Urban Transition Commercial 1 |
| UTC-2 | Urban Transition Commercial 2 |
| UC-1 | Urban Commercial |
(b)
The antenna is a conditional use in the following district: ROS Recreation and Open Space.
(c)
The antenna is located as far from the edge of the roof or top of the structure as possible and does not extend more than 15 feet above the highest point of the structure when attached to the roof or top of the structure.
(d)
The antenna is mounted in a configuration as flush to the wall as technically possible and does not project above the wall on which it is attached when mounted to the wall of a structure.
(e)
The antenna complies with all applicable FCC and FAA regulations.
(f)
The antenna complies with all applicable building codes.
(g)
A license or lease authorizing such antenna or tower has been approved by the property owner.
H.
Submittal requirements. Applicants for a permit to construct a tower and/or antenna shall submit the following information (as applicable):
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower and/or antenna, on-site land uses and zoning, adjacent land uses and zoning, Comprehensive Plan land use designation and zoning of the site and all properties within the applicable separation distances set forth in Subsection L (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and/or antenna and any other structures, topography, parking and other information deemed by the decision maker to be necessary to assess compliance with this section.
(2)
Legal description of the parent tract and leased parcel (if applicable).
(3)
The separation distance between the proposed tower and the nearest residentially zoned property.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection C(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(8)
A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
(9)
Identification of other cellular sites owned or operated by the applicant within the City.
(10)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(11)
A description of the feasible location(s) of future towers or antennas within the geographic area based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
I.
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 340-11.1F of this chapter, the Zoning Board of Adjustment shall consider the following factors in determining whether to issue a conditional use permit; although the Zoning Board of Adjustment may waive or reduce the burden on the applicant of one or more of these criteria if the Board concludes that the goals of this section are better served thereby:
(1)
Height of proposed tower;
(2)
Proximity of the tower to residential structures and residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
J.
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the decision maker that no existing tower, structure or alternative technology can accommodate the applicant's needs. Evidence submitted shall address the following:
(1)
No existing towers or structures are located within the geographic area that meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6)
Other limiting factors that render existing towers and structures unsuitable are demonstrated.
(7)
Alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable.
K.
Setbacks. The following setback requirements shall apply to all wireless communications towers:
L.
Separation. The following separation requirements shall apply to all wireless communications towers:
(1)
Separation from residentially zoned property.
(a)
Wireless communications towers shall be separated from any residentially zoned property (regardless of development status) by a distance of 300 feet or 300% of the height of the tower, whichever is greater.
(b)
Separation distances between towers and residentially zoned property shall be measured by drawing or following a straight line from the base of the proposed tower to the nearest point of the residential district boundary.
(2)
Separation distances between towers.
(a)
Separation distances between towers shall be measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.
(b)
The separation distances (listed in linear feet) shall be as shown in Table 9.35-1.
| Table 9.35-1 Separation Distances in Linear Feet | ||||
|---|---|---|---|---|
| Existing Towers - Types | ||||
| Lattice | Guyed | Monopole 75 feet in height or greater | Monopole less than 75 feet in height | |
| Lattice | 5,000 | 5,000 | 1,500 | 750 |
| Guyed | 5,000 | 5,000 | 1,500 | 750 |
| Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
| Monopole less than 75 feet in height | 750 | 750 | 750 | 750 |
M.
Security fencing. Towers shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.
N.
Landscaping. The following requirements shall govern the landscaping surrounding ground-based towers unless the tower is located in a Manufacturing District.
(1)
Ground-based towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjoining properties. The standard buffer shall consist of an evergreen hedge with an ultimate height of at least five feet and a planted height of at least 36 inches outside the perimeter of the compound.
(2)
In locations where the visual impact of the ground-based tower would be minimal, the landscaping requirement may be reduced or waived by the decision maker.
(3)
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
O.
Buildings or other equipment storage. Any buildings and support equipment associated with antennas or towers are subject to the following:
(1)
When located on a roof or top of an existing structure, the buildings and support equipment shall be located as far from the edge of the roof or top as possible.
(2)
When located on the ground, the buildings and support equipment shall meet or exceed the minimum setbacks of the applicable zoning district.
(3)
Roof-mounted buildings and support equipment shall be screened by parapet walls or screen walls in a manner compatible with the building's design, color and material.
(4)
Ground-mounted buildings and support equipment shall be enclosed by a six-foot-high opaque fence or wall. An evergreen hedge with an ultimate height of at least five feet and a planted height of at least 36 inches shall be planted along the perimeter of the fence.
P.
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
Q.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection P, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the setback and separation requirements specified in Subsections K and L. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection P.
A. AGGREGATE PROJECT COMMERCIAL WECS FALL ZONE FEEDER LINE GIGAWATT (GW) GUYED TOWER KILOWATT (KW) LATTICE TOWER MEGAWATT (MG) METEOROLOGICAL TOWER MONOPOLE TOWER NONCOMMERCIAL WECS RESIDENTIAL WECS ROTOR DIAMETER TOTAL SYSTEM HEIGHT TOWER TOWER HEIGHT WATT (W) WECS or WIND ENERGY CONVERSION SYSTEM WIND TURBINE GENERATOR
Definitions. As used in this section, the following terms shall have the meanings indicated:
A project which is developed and operated in a coordinated fashion, but has multiple entities separately owning one or more of the individual WECS within the larger project. These projects are prohibited in this section.
A WECS which is intended to produce electricity specifically for sale to a regulated or nonregulated utility or for use off site. WECS which have a rated capacity equal to or greater than 100 kW will be considered commercial in this section.
The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.
Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electrical grid; in the case of interconnection with the high-voltage transmission systems, the point of interconnection shall be the substation serving the WECS.
Equal to 1,000,000,000 watts.
A tower that is supported, in whole or in part, by guy wires and ground anchors.
Equal to 1,000 watts.
A self-supporting tower with three or four sides, open, steel-framed structure used to support equipment.
Equal to 1,000,000 watts.
Those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. Meteorological towers do not include towers and equipment used by airports, the Iowa Department of Transportation or other similar applications to monitor weather conditions.
A tower consisting of a single pole, constructed without guy wires and ground anchors.
A WECS which has a rated capacity of up to 100 kW which is incidental and subordinate to a permitted use on the same parcel and which is intended to produce electricity primarily for use on site. Such system may be connected to the electrical grid when a parcel on which the system is installed also receives electrical power supplied by a utility company. Excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5), of the Iowa Administrative Code.
Consists of a wind turbine, tower and associated control or conversion electronics, which has a rated capacity of not more than 10 kW and which is intended to primarily reduce on-site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
The diameter of the circle described by the moving rotor blades.
The height above grade of the system, including the generating unit and attached blades or rotors.
The vertical component of a WECS that elevates the wind turbine generator and attached blades/rotors above the ground.
The height above grade of the fixed portion of the tower, excluding the generation unit and attached blades or rotors.
The International System of Units' standard unit of power; the equivalent of one joule per second.
An electrical generating facility comprised of one or more wind turbines and accessory facilities, including, but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy.
B.
Permitted uses.
| Table 9.36-1 Permitted Uses | |||
|---|---|---|---|
| C = Conditional Use X = Not Permitted | |||
| District | Residential WECS (up to 10 kW) | Non-Commercial WECS (up to 100 kW) | Commercial WECS (equal to or greater than 100 kW) |
| AG | C | X | X |
| RR-1 | X | X | X |
| SR-E | X | X | X |
| SR-1 | X | X | X |
| SR-2 | X | X | X |
| SR-3 | X | X | X |
| SR-4 | X | X | X |
| SR-5 | X | X | X |
| MR-1 | X | X | X |
| MR-2 | X | X | X |
| PD-MH | X | X | X |
| TR-1 | X | X | X |
| TR-2 | X | X | X |
| TR-3 | X | X | X |
| TR-4 | X | X | X |
| OS | X | X | X |
| U-1 | X | X | X |
| U-2 | X | X | X |
| UTC-1 | X | X | X |
| UTC-2 | X | X | X |
| UC-1 | X | X | X |
| BL | X | X | X |
| BC | X | X | X |
| BR | C | C | X |
| PI | X | X | X |
| M-1 | C | C | X |
| M-2 | C | C | X |
C.
Regulations.
(1)
Accessory use. All WECS shall be considered accessory uses.
(2)
Clearance of blades. No portion of any WECS rotor blades shall extend within 30 feet of the ground. No blades may extend over parking areas, driveways or sidewalks.
(3)
Setback. No part of the WECS structure, including any guy wire anchors, may extend closer than 10 feet to the property boundaries of the installation site. The system tower may be no closer to the property line than 1.1 times the total system height, provided that it also complies with any applicable fire setback requirements. Any noncommercial WECS shall meet a minimum setback of 300 feet from the nearest residential zoning district line.
(4)
Fall zone clearance. No existing or proposed dwelling unit shall be located within the fall zone of any WECS. Other accessory structures may be located within 75% of the designated fall zone of the WECS.
(5)
Automatic overspeed controls. All WECS shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed within the design limits of the specific system.
(7)
Approved WECS. All wind energy conversion systems must be approved under an Emerging Technology program recognized by the American Clean Power Association or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine, prepared by a registered mechanical engineer.
(8)
Compliance with the Building Code. Building permit applications for all WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the Building Code and certified by a licensed professional engineer shall also be submitted.
(9)
Compliance with Federal Aviation Administration (FAA) regulations. All WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(10)
Compliance with the National Electrical Code. Building permits for WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electric Code.
(11)
Utility notification. No WECS shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator.
(12)
Tower configuration. Any WECS tower 50 feet or under in total system height may have a monopole, guyed wire or lattice design for the support of wind generation equipment. All WECS towers with a total system height of more than 50 feet shall only be allowed a monopole design.
(13)
Total system height. Residential WECS shall have a total system height of no greater than 50 feet, or 20 feet above the tree canopy, with a maximum total system height of 70 feet. Noncommercial WECS shall have a maximum total system height of 100 feet.
(14)
Color and finish. All WECS shall be white or grey in color. All finishes shall be matte or nonreflective.
(15)
Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA permits and regulations. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
(16)
Signage. One sign, limited to four square feet, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage and the phone number of the owner/operator to call in case of emergency.
(17)
Climbing apparatus. All climbing apparatus shall be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet.
(18)
Fencing. To limit access to the tower, an opaque fence six feet high, with its smooth side to the outside and with a locking portal, shall be placed around the WECS. Residential WECS shall be exempt from these regulations.
(19)
Landscaping. All landscaping requirements shall comply with § 340-8.4 of this chapter. Residential WECS shall be exempt from these regulations.
(20)
Maintenance. Structures and facilities shall be well maintained in an operational condition that poses no potential safety hazard.
(21)
Insurance. The owner/operator of a WECS must demonstrate adequate liability insurance.
(22)
Removal. If the WECS remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed discontinued and shall constitute a public nuisance. The owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure, including foundations, transmission equipment and fencing, from the property. Nonfunctioning or lack of operation may be proven by reports from the interconnected utility. If removal of towers and appurtenant facilities is required, the Zoning Official shall notify the owner/operator. Each WECS shall have a decommissioning plan outlining the anticipated means and cost of removing the WECS at the end of its serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a professional engineer, a contractor capable of decommissioning or person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS.
(23)
Lot size. No residential WECS shall be constructed on a parcel measuring less than five acres, and no noncommercial WECS shall be constructed on a parcel measuring less than 10 acres.
D.
Application submittal requirements.
(1)
An applicant for a WECS permit shall submit at least nine full copies of a site plan, prepared by a professional engineer licensed to practice in the State of Iowa. The professional engineer shall certify, in writing, that the site plan meets all engineering requirements of the City of Marion Code of Ordinances. Site plan requirements shall include:
(a)
A site plan drawn to a scale no greater than one inch equals 50 feet, based on a certified instrument survey by a surveyor licensed in the State of Iowa.
(b)
Location of the WECS on the site and total height of the system, including blades, rotor diameter and ground clearance. The area of the base of each tower and depths shall be indicated.
(c)
Utility lines, telephone lines and any other lines, both above and below ground, within a radius of 2,000 feet. Information presented shall contain details as how the power will be delivered to the grid, including the route and size of poles and towers to be used.
(d)
Property lot lines, land uses and the location and dimensions of all existing structures and uses on and off site within 2,000 feet of each WECS.
(e)
Dimensional representation of the various structural components of the wind tower construction, including the base and footing.
(f)
Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.
(g)
Certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the Marion Fire Prevention and Building Code.
(h)
Certification that the electrical system design is in compliance with accepted engineering practices and with the appropriate provisions of the National Electrical Code.
(i)
Certification that the rotor overspeed control system is in compliance with accepted engineering practices.
(2)
The applicant shall provide a shadow flicker and blade glint zone model for any proposed WECS as requested by staff. The model shall:
(a)
Model and describe the zones where shadow flicker and blade glint will likely be present within the project boundary and a two-mile radius beyond the project boundary. Include the topography, existing residences, wind speeds and directions, and existing vegetation and roadways. The model shall represent the most probable scenarios of wind consistency, sunshine constancy and wind directions and speeds.
(b)
Calculate the locations of shadow flicker and blade glint caused by the proposed project; the expected durations of the flicker and glint at these locations and the total number of possible hours per year of flicker and glint at all locations.
