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1. Statement of Intent. The intent of the “F-1” District is to establish and preserve areas which are susceptible to flooding.
2. Principal Permitted Uses. In the “F-1” District, no building, structure, or other land use shall be erected or used except for one or more of the following uses:
A. Flood control and irrigation uses and structures erected in connection with these uses.
B. Parks, playgrounds, golf course, and other similar recreational facilities.
C. Public utility and public service installations and facilities excluding business offices, repair and storage facilities.
D. Upon a showing that measures have or will be taken for adequate flood protection, the City Engineer may permit the erection of buildings and structures in the flood plain zone.
3. Designations of Major Flood Channels and Areas of Special Flood Hazard. Areas identified by the Federal Insurance Administration on the Flood Insurance Rate Map for the City of Carroll, Iowa, dated March 19, 1990, and any revision thereto, shall be designated as major flood channels and areas of special flood hazard. These areas shall be zoned F-1.
4. Adoption of Regulatory Floodway. The regulatory floodways and elevations identified by the Federal Insurance Administration are hereby adopted.
A. In the regulatory floodways, no development or encroachment (including fill, new construction, substantial improvements, and other development), which will result in any increase in flood levels during the base flood discharge shall be permitted.
5. Revision of Flood Channels and Areas of Special Flood Hazards. The City Engineer may revise the elevations for flood channels and areas of special flood hazards not identified by the FIA based on areas computation, rainfall, water flow, surface profile and such other matters as may come to his knowledge and attention.
6. Inclusion of Flood Channel and Areas of Special Flood Hazards. The flood channels and areas of special flood hazards established in this article shall be designated by appropriate symbols on the official zoning map.
1. Purpose. The purpose of this section is to allow and encourage the safe, effective and efficient use of small wind energy systems; identify locations in areas of the City which would be least adversely impacted by the visual, aesthetic, and safety implications of their siting; and enhance the ability of the providers of wind energy services to provide such services to the community quickly, efficiently, and effectively.
2. General Regulations.
A. General: wind energy conversion systems shall be allowed as a special use accessory to a permitted use in all zoning districts other than residential zoning districts.
B. Prohibited: commercial wind energy conversion systems are prohibited within the City and the Two-Mile 28-E Agreement Area.
C. Number of systems per property: no property shall contain more than one wind energy conversion system.
D. Permit required: all wind energy conversion systems require a special use permit to be obtained from the Board of Adjustment prior to site grading and installation. The Board of Adjustment can revoke a special permit at any time if the requirements set forth in this ordinance and/or any conditions imposed by the Board of Adjustment are not met. The Board of Adjustment will revoke the special use permit of an abandoned wind energy conversion system.
E. Insurance: the owner/operator of a wind energy conversion system unit must demonstrate adequate liability insurance.
F. FAA Regulations: wind energy conversion systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The applicant has the responsibility of determining applicable FAA regulations and must provide evidence of securing the necessary approvals.
G. Maintenance: all wind energy conversion systems shall be properly maintained in operational condition at all times, subject to reasonable maintenance and repair outages. The owner of any wind energy conversion system deemed unsafe by the zoning official or his/her designee shall repair the structure to meet all federal, state and local safety standards or remove it within six (6) months.
3. Bulk Regulations:
A. Minimum Lot Size: two (2) acre minimum lot size required for any tower mounted wind energy conversion systems.
B. Minimum Setback Requirements: all wind energy conversion systems shall require a setback of one hundred ten percent (110%) of the total system height from any property line.
C. Maximum Height: the maximum height for wind energy conversion system is eighty (80) feet.
D. Number of Systems Allowed: no more than one (1) wind energy system may be placed on any parcel.
E. Location:
(1) Tower mounted wind energy conversion systems shall only be located outside of any minimum building setback requirements.
(2) No part of a wind energy conversion system shall be located within or over drainage, utility or other established easements, or on or over property lines.
(3) A wind energy conversion system shall be in compliance with guidelines of the Federal Aviation Administration (FAA) regulations.
(4) No wind energy conversion system shall be constructed within twenty (20) feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five (5) feet.
(5) No wind energy conversion system shall be located in a residential zoning district.
(6) No roof mounted wind energy conversion system will be allowed.
4. Minimum System Design Standards. The following standards are required of all wind energy conversion systems and shall be deemed to be conditions of approval for every wind energy system.
A. Color: the wind energy conversion system shall be white or light gray in color. Other neutral colors may be allowed at the discretion of the Board of Adjustment. The surface of the structure shall be non-reflective.
B. Lighting: no lights shall be installed on the tower, unless required by the Federal Aviation Administration (FAA).
C. Signs: One sign, limited to four (4) square feet, shall be posted at or near the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number to the property owner/operator to call in case of emergency. Such sign shall be directly visible from any external fencing and/or landscaping. Brand names or advertising associated with any installation shall not be visible from any public right-of-way.
D. Clearance of Blade Above Ground: no portion of the tower mounted wind energy conversion system shall extend within thirty (30) feet of the ground. No blades may extend over parking areas, driveways or sidewalks.
E. Installation: installation must be done by a qualified professional and according to manufacturer’s recommendations.
F. Noise: the wind energy conversion system shall not exceed 65 decibels, except during short term events such as severe wind storms and utility outages. Maximum sound pressures will be measured from the closest point on the closest property line.
G. Use of Electricity Generated: a wind energy conversion system shall be used exclusively to supply electrical power for onsite consumption, except that when a parcel on which a wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the wind energy system and not presently needed for onsite use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code.
H. Automatic Over speed Controls: all wind energy conversion systems shall be equipped with manual and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system.
I. Electromagnetic Interference: all blades shall be constructed of a nonmetallic substance. No wind energy conversion system shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No wind energy conversion system shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link’s operation.
J. Interconnection: the wind energy conversion system, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board.
K. Wind Access Easements: the enactment of this section does not constitute the granting of an easement by the City. The owner/operator shall provide covenants, easements, or similar documentation to assure sufficient wind to operate the wind energy conversion system unless adequate accessibility to the wind is provided by the site.
L. Shadow Flicker: a shadow flicker model demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of residentially zoned parcel may be acceptable if the flicker does not exceed thirty (30) hours per year; and the flicker will fall more than one hundred (100) feet from an existing residence; or the traffic volumes are less than five hundred (500) vehicles per day on the roadway. The shadow flicker model shall:
(1) Map and describe within a one thousand (1,000) foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, locations of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed;
(2) Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations;
(3) Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in sitting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.
M. Appearance: the property owner of any wind energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. The owner shall maintain the ground upon which the system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any structures remain quality in appearance.
5. Abandonment. Any wind energy system that is not operated for a period of one hundred eighty (180) consecutive days shall be considered abandoned and shall constitute a nuisance. Within the next 180 days, after notice from the City, the owner shall reactivate the tower or it shall be dismantled and removed at the owner’s expense. Removal of the system includes the entire structure including foundations, transmission equipment and fencing from the property. If the abandoned wind energy system is not removed in the specified amount of time, the City may remove it and recover its costs from the wind energy conversion system owner or owner of the ground upon which it is located.
6. New Technologies. Should new technology present itself after construction that is more effective, efficient, and economical, the owner may petition the City to allow the upgrade, provided that the upgrade does not alter the conditions set forth in this chapter.
7. Liability and Damages. The owner/operator of a wind energy conversion system must demonstrate adequate liability insurance. Upon the granting of a permit, applicant shall assume full responsibility for any and all damages, claims, expenses, liabilities, judgments and costs of any kind, including reasonable attorney’s fees related to or caused by the erection, location, use, or removal of a facility, whether on public or private property, and shall agree to hold the City harmless, indemnify and defend it from all such liabilities incurred or judgments entered against it as a result of the erection, location, use or removal of the facility.
8. Engineer Certification. Applications for wind energy conversion systems 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 applicable regulations and certified by a licensed professional engineer shall also be submitted.
9. Utility Notification. A wind energy conversion system shall not 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.
10. Application and Approval Requirements. Applications for a special use permit shall be submitted with the following information:
A. A properly completed and signed application.
B. A statement from the applicant that the wind energy conversion system will be installed in compliance with manufacturer’s specifications, and a copy of the manufacturer’s specifications.
C. A statement indicating what hazardous materials will be used or stored on the site and how those materials will be stored.
D. A description of the wind energy conversion system’s height and design, including a cross section, elevation, and diagram of how the wind energy conversion system will be anchored to the ground, prepared by a professional engineer licensed in the State of Iowa.
E. A site plan including the following information:
(1) Legal description of the property
(2) Parcel boundaries
(3) Existing buildings
(4) Easements
(5) Fencing
(6) Proposed location of wind energy conversion system
(7) Setbacks
(8) Travel ways
(9) Overhead utility lines
(10) Contour map with contours at intervals of two feet, if the general slope is less than ten (10) percent, and at vertical intervals of five feet if the general slope is greater than ten (10) percent.
(11) If connection to the publicly regulated utility grid is proposed, a copy of the contract between applicant and utility verifying the proposed connection is acceptable, and/or other evidence making clear that the utility is aware of the proposed connection and finds it acceptable.
(12) Shadow flicker model.
F. The City may require that the application and site plan be reviewed by a City Engineer before the Board of Adjustment schedules a hearing on the application for a special use permit.
11. Accessory Use. A wind energy conversion system shall only be allowed as an accessory use to a permitted principal use.
1. Permitted Accessory Use. Active solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below. Active solar energy systems that do not meet the visibility standards in C. below will require a special use permit, except as provided in Section 170.31(2)(B).
A. Height. Active solar energy systems must meet the following height requirements:
(1) Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building mounted mechanical devices or equipment.
(2) Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height when oriented at maximum tilt.
B. Set Back. Active solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.
(1) Roof-mounted Solar energy systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
(2) Ground-mounted Solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt.
C. Visibility. Active solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. The color of the solar collector is required to be consistent with other roofing materials.
(1) Building Integrated Photovoltaic Systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
(2) Solar Energy Systems with Mounting Devices. Solar energy systems using roof mounting devices or ground-mount solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way other than an alley. However roof-mount systems that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than twelve (12) inches above the roof.
(3) Coverage. Roof or building mounted solar energy systems, excluding building-integrated systems, shall allow for adequate roof access to the south-facing or flat roof upon which the panels are mounted. The surface area of pole or ground mount systems shall not exceed half the building footprint of the principal structure.
(4) Historic Buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) will require a special use permit.
D. Approved Solar Components. Electric solar energy system components must have a UL listing and solar hot water systems must have an SRCC rating.
E. Plan Approval Required. All solar energy systems shall require administrative plan approval by the zoning official.
(1) Plan Applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.
a. Pitched Roof Mounted Solar Energy Systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.
b. Flat Roof Mounted Solar Energy Systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
(2) Plan Approvals. Applications that meet the design requirements of this ordinance, and do not require a special use permit, shall be granted administrative approval by the zoning official. Plan approval does not indicate compliance with Building Code or Electric Code.
F. Compliance with Building Code. All active solar energy systems shall meet approval of local building code officials, consistent with the State of Iowa Building Code and solar thermal systems shall comply with HVAC-related requirements of the Electric Code.
G. Compliance with State Electric Code. All photovoltaic systems shall comply with the Iowa State Electric Code.
H. Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Iowa State Plumbing Code requirements.
I. Utility Notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
2. Special Use. The city encourages the installation of productive solar energy systems and recognizes that a balance must be achieved between character and aesthetic considerations and the reasonable desire of building owners to harvest their renewable energy resources. Where the standards in 170.31(1)(A), 170.31(1)(B), or 170.31(1)(C) cannot be met without diminishing the minimum reasonable performance of the solar energy system, a special use permit may be sought from the Board of Adjustment. A special use permit shall be granted if the standards set out in paragraph B, below are met.
A. Minimum Performance Design Standards. The following design thresholds are necessary for efficient operation of a solar energy system:
(1) Fixed-Mount Active Solar Energy Systems. Solar energy systems must be mounted to face within 45 degrees of south (180 degrees azimuth).
(2) Solar Electric (photovoltaic) Systems. Solar collectors must have a pitch of between 20 and 65 degrees.
(3) Solar Hot Water Systems. Solar collectors need to be mounted at a pitch between 40 and 60 degrees.
(4) System Location. The system is located where the lot or building has a solar resource.
B. Standards for a Special Use Permit. A special use permit shall be granted by the Board of Adjustment if the applicant meets the following safety, performance and aesthetic conditions:
(1) Aesthetic Conditions. The solar energy system must be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys to the maximum extent possible while still allowing the system to be mounted for efficient performance.
(2) Safety Conditions. All applicable health and safety standards are met.
(3) Non-Tracking Ground-Mounted Systems. Pole-mounted or ground-mounted active solar energy systems must meet set-back requirements.
3. Renewable Energy Conditions for Certain Permits
A. Condition for Rezoning or Special Use Permit. The City may, in an area where the local electric distribution system was installed more than twenty years ago, or where the local electric utility has documented a near-term need for additional distribution substation or conductor capacity, require on-site renewable energy systems as a condition for a rezoning or a special use permit.
(1) The renewable energy condition may only be exercised for new construction or major reconstruction projects.
(2) The renewable energy condition may only be exercised for sites that have 90% unimpeded solar or wind energy access, and for which the renewable energy system can reasonably meet all performance standards and building code requirements.
B. Condition for Planned Unit Development (PUD) Approval. The City may require onsite renewable energy systems as a condition for approval of a PUD permit, in order to mitigate for:
(1) Risk to the performance of the local electric distribution system,
(2) Increased emissions of greenhouse gases,
(3) Other risks or effects inconsistent with the City’s Comprehensive Plan.
In all districts no building or structure shall exceed four (4) stories or forty-five (45) feet above the average elevation of the finished grade of the front yard. Buildings and structures with a height in excess of forty-five (45) feet shall be permitted provided that the required front, side, and rear yards are increased by one foot for each foot of additional building height above 45 feet.
1. Height Exceptions. The height regulations prescribed herein shall not apply to television, telephone, microwave and radio towers, church spires, belfries, monuments, farm buildings, tanks, water and fire towers, stage towers or spires, chimneys, elevator bulkheads, smoke-stacks, drilling rigs, conveyors, flagpoles, wind energy conversion system and solar energy standard systems (except in residential districts).
The required front, side, or rear yards of each district shall be observed unless 50 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, the majority of which have observed an average yard less than that required in the district. In cases where the above is true, the average of the lesser yard dimensions may be used. However, where the lots improved with buildings are less than 40 percent of the total number of lots, including vacant lots, on one side of the street between two intersecting streets, the required minimum yards of the district shall be observed.
1. A detached private garage or accessory building or structure, including a television satellite dish, may be located, erected, or established in a required side or rear yard of the district provided the private garage or accessory building or structure is located not nearer than five (5) feet to the side or rear lot lines, except when located adjacent to an alley line, in which case it may be located not nearer than three (3) feet to the alley line. A private garage or accessory building or structure, including television satellite dishes, shall not be located nearer to a street line than the required setback for a principal building. The detached private garage or accessory building or structure shall not occupy more than 35 percent of a rear yard. A private accessory building or structure is limited to the height of the principal building unless a greater height is permitted as a special use permit by the Board of Adjustment.
2. Building Projections. Projections from buildings including eaves, canopies, chimneys, sills, cornices, or other similar architectural features may project or extend not more than two (2) feet into the required yard.
3. Courts.
A. Outer Courts. Courts or open spaces between two or more building walls that open on any yard on the lot and containing windows in one or more walls shall have a minimum width of twice the side yard requirements of the district, except court widths for buildings with a height in excess of 35 feet shall be increased by one foot for each foot of additional building height above 35 feet, or 50 feet, whichever is less.
4. Fences, Walls, and Hedges. Fences, walls, and hedges are permitted in all districts in accordance with the following limitations:
A. Any electrically charged fence, barbed wire or sharp pointed metal fence shall not be allowed unless approved by the Board of Adjustment.
B. At any corner formed by intersecting street, it shall be unlawful to install any fence or wall or set out any hedge or shrubbery, natural growth or other obstruction within the triangle formed by the center line of the intersecting streets drawn from the point of the intersection back a distance of 70 feet with a line drawn to form a right triangle. The foregoing provisions shall not apply to fences, walls, or hedges of a height of less than 33 inches above the established grade.
C. Tree branches which overhang the public sidewalk shall be kept trimmed to a height of at least eight feet above the sidewalk level. Tree branches which overhang the public street, shall be kept trimmed to a height of not less than 16 feet.
D. Fence and perimeter wall heights in required yards in residential uses shall not exceed four feet between a primary structure and an adjacent street. The four feet limit shall apply to any such fence or perimeter wall between any street and any front building line extended to the lot line. All other perimeter fences shall not exceed six feet in height. Greater heights may be permitted by special use permit approved by the Board of Adjustment. The finished side of fences shall face outward from the enclosed space.
E. Materials Permitted. With the exception of temporary fences as provided herein, and fences in the interior of a property around the perimeter of a garden or animal enclosures, permanent fences shall comply with the following:
(1) Be constructed of customarily used materials such as, but not limited to: wrought iron, aluminum, metal, well-manicured hedges, stone, masonry, wood, polyvinyl chloride (PVC), chain link, composite and other similar materials that are durable and can be installed in such a way as to provide a clean finished appearance.
(2) Fence building materials not permitted include, but are not limited to: Pallets, scrap lumber, scrap metal, snow fence and other materials not specifically designed or intended for fence construction.
(3) Fences for the protection of gardens in single family zoning districts may be allowed in the interior of the property. Fences constructed of chicken wire or like material and not exceeding two (2) feet in height are permitted around the perimeter of a garden.
(4) Temporary fences installed to provide site security and/or safety in conjunction with construction work shall be allowed to be comprised of cloth screening fabric and plastic snow fence type materials. Any such temporary fences shall be removed upon completion of construction, if construction ceases for a period of six (6) months, or upon issuance of an occupancy permit, including temporary occupancy.
(5) All fences shall be constructed in a sound and sturdy manner and shall be maintained in an upright, non-sagging manner and in good condition, including the replacement of defective or missing parts, painting, and other acts required for upkeep and maintenance.
(6) Any fence previously constructed that does not meet standards set forth by this ordinance and are presently existing on any property in the City of Carroll on the date of final passage of this ordinance shall be removed from such property or be brought into compliance with the provisions of this section within thirty (30) days of final passage of this ordinance.
(Ord. 2414 - Aug. 24 Supp.)
5. Water Supply Well Separation Distances. No construction of any source of contamination shall be permitted within 100 feet of any City water supply well, except as provided in the section of the Iowa Administrative Code cited below.
Applicable definitions of terms and requirements for separation distances shall be controlled by Chapter 43 of Part 567 of the Iowa Administrative Code (455B.), specifically subrule 43.3(7) and Table A as amended and implemented by the Iowa Department of Natural Resources. For the purposes of reference, the current Table A is attached to this paragraph, but should be checked for updates prior to reliance thereon.
(Ord. 19-12 - Jan. 20 Supp.)
6. Prohibited Uses with Respect to the Municipal Wastewater Treatment Plant. In all zoning districts, it shall be prohibited to construction, or utilize, land surrounding the municipal wastewater treatment plant for any of the following uses when said use would be located within the following distance of said wastewater treatment plant:
A. Within 400 feet thereof:
(1) Public deep wells.
(2) Private wells.
(3) Lakes or public water impoundments.
B. Within 1000 feet thereof:
(1) Inhabitable residence, commercial building, or other inhabitable structure. If there is a written easement and waiver of separation agreement with the owner of the building, the separation criteria shall not apply. Any such written agreement shall be filed with the county recorder for abstract of title purposes.
(2) Public shallow wells.
C. When the above separation distances cannot be maintained for the expansion, upgrading or replacement of existing facilities, the separation distances shall be maintained at no less than ninety (90%) of the existing separation distance on the site, providing no data is available indicating that a problem has existed or will be created.
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