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.
