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(A) Definitions.
ABANDONMENT. Any solar energy system or facility that is no longer producing power, except for a temporary interruption of power for maintenance or repowering, which said period of temporary interruption shall not exceed 90 days, except by express permission of the City Council.
AGRIVOLTAICS. A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.
COMMERCIAL SOLAR. Solar panels intended to power a single commercial business, which may be roof-mounted or ground-mounted on the same parcel as the business, or on an adjacent parcel owned by the same business.
COMMUNITY-SCALE SOLAR (HYBRID). A large solar array, typically smaller than a commercial array, which is built to meet the power needs of interested customers in a particular area
based upon a contract solely with the interested customer in that area. Utility-scale and community solar projects may be of any size, except as limited herein, and provided they meet the regulations contained in Chapter 159, including especially this section, and all other requirements of this code.
COMMUNITY SOLAR GARDEN. A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Also referred to as shared solar.
DECOMMISSION. To remove or retire a solar energy system or facility from active service.
GROUND-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system that is not attached to or mounted on any roof or exterior wall of any principle or accessory building.
HEIGHT. The height of a solar energy system, with all components, measured vertically from the adjacent grade to its highest point at maximum tilt.
LARGE-SCALE SOLAR ENERGY SYSTEM/SOLAR FARM. A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity, and which has commercial use beyond providing power to the individual owner or business located on the parcel. A LARGE-SCALE SOLAR ENERGY SYSTEM will have a project size greater than the acreage necessary to service the building on the parcel and, for the life of the system, is the principal land use for the parcel(s) on which it is located.
OFF-GRID SOLAR ENERGY SYSTEM. A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.
PHOTOVOLTAIC (PV) SYSTEM. A solar energy system that converts solar energy directly into electricity.
PRIVATE SOLAR ENERGY SYSTEM. A solar energy system used exclusively for private purposes and not used for commercial resale of energy, except for the sale of surplus electrical energy back to the electrical grid.
RENEWABLE ENERGY EASEMENT/ SOLAR ENERGY EASEMENT. An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.
RESIDENTIAL SOLAR. Solar panels which provide power solely to a single residential building which may be roof-mounted or ground-mounted on the same parcel.
ROOF-MOUNT. A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. ROOF-MOUNT systems are accessory to the principal use.
SOLAR ACCESS. Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
SOLAR CARPORT. A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.
SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.
SOLAR MOUNTING DEVICES. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
UTILITY SCALE SOLAR.
(a) A large-scale solar array which is designed to provide large-scale power output which is designed to service multiple parcels outside the parcel on which is situated, and which power is sold to multiple residential and commercial users in its service area. Examples include, but are not limited to:
1. A utility, municipality (if the electric utility is owned by a city), or an electric cooperative (in more rural areas) to serve both residential and commercial customers in their service area;
2. A corporation to power its needs in a particular region;
3. One or more large universities or other institutions in the same area that pool together to buy electricity.
(b) Utility-scale and community solar projects may be of any size, except as limited herein, and provided they meet the regulations contained in Chapter 159, including especially this section, and all other requirements of this code.
(B) Permitted accessory use. Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts. Ground-mount solar in residential districts will be treated as an accessory structure and follow guidelines in division (B)(7) below. Solar energy systems that do not meet the following design standards will require a conditional use permit.
(1) Height. Solar energy systems must meet the following height requirements:
(a) 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.
(b) Ground- or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. In all residential districts, ground or pole mount must follow accessory building height restrictions.
(c) Solar carports in non-residential districts shall not exceed 20 feet in height from parking grade.
(2) Setback. Solar energy systems must meet the accessory structure setback for the zoning district and principal land use associated with the lot on which the system is located, except as allowed below.
(a) Roof- or building-mounted solar energy systems. 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. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings. All roof mounting must follow IBC/IRC/NEC regulations.
(b) 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.
(3) Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts. Ground-mount must be in rear or side yard. Visibility standards do not apply to systems in non-residential districts, except for historic building or district review as described in division (B)(5) below.
(a) 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.
(b) Aesthetic restrictions. Roof- or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards.
1. Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.
2. Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
(c) Reflectors. Solar energy systems using a reflector to enhance solar production are prohibited.
(4) Lot Coverage. Ground-mounted systems total collector area shall not exceed the allowable accessory building allowable size in any residential district, not to exceed 30% of rear yard. In commercial or manufacturing districts ground-mount systems shall not exceed half the building footprint of the principal structure.
(a) Ground-mounted solar farm systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.
(b) Solar carports in non-residential districts are exempt from lot coverage limitations.
(5) Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must receive approval of the Community Heritage Preservation Commission or Clinton Historical Society, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.
(6) Plan approval required. All solar energy systems requiring a building permit or other permit from the city shall provide a site plan for zoning review.
(a) 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-mounted system, including the property lines.
(b) Plan approvals. Applications that meet the design requirements of this section shall be granted administrative approval by the Zoning Official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code.
(7) Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have a SRCC rating.
(8) Compliance with Building Code. All solar energy systems shall meet approval of local Building Code Officials, consistent with IRC/IBC/NEC solar energy provisions, and solar thermal systems shall comply with all ICC codes as adopted by the city.
(9) 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.
(C) Principal uses. The city encourages the development of residential, commercial, agricultural, and utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts.
(1) Use general standards; residential, commercial, and agricultural (private/owner). Principal use solar, where the solar is generated by the owner of the property for the use of the property owner.
(a) Site design.
1. Setbacks; residential, commercial and agricultural principle (owner) use solar. Ground-mount solar arrays are to be treated similar to an accessory structure, with all height, area, and setback requirements listed in
§
159.046(G).
2. Screening.
a. If required, a screening plan shall be submitted that identifies the type and extent of screening for ground-mount arrays.
b. Screening shall be consistent with the city's screening ordinance or standards typically applied for other land use requiring screening.
c. The city may require screening where it determines there is a clear community interest in maintaining a viewshed.
(2) Principal use general standards; community- and large-scale solar farm.
(a) Site design.
1. Setbacks. Community- and large-scale solar arrays must meet the following setbacks:
a. Property line setback for buildings or structures in the district in which the system is located, except as other determined in division (C)(2)(a)1.e. below.
b. Roadway setback of 15 feet from the ROW centerline of state highways and CSAHs, 100 feet for other roads, except as determined in division (C)(2)(a)1.e. below.
c. Housing unit setback of 150 feet from any existing dwelling unit, except as other determined in division (C)(2)(a)1.e. below.
d. Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
e. All setbacks can be reduced by 50% if the array is fully screened from the setback point of measurement.
2. Screening. Community- and large-scale solar shall be screened from existing residential dwellings.
a. A screening plan shall be submitted that identifies the type and extent of screening.
b. Screening shall be consistent with the city's screening ordinance or standards typically applied for other land uses requiring screening.
c. Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.
d. The city may require screening where it determines there is a clear community interest in maintaining a viewshed.
3. Ground cover and buffer areas. The following provisions shall apply to the clearing of existing vegetation and establishment vegetated ground cover. Additional site-specific conditions may apply as required by the city.
a. Large scale removal of mature trees on the site is discouraged. The city may set additional restrictions on tree clearing or require mitigation for cleared trees.
b. The applicant shall submit a vegetative management plan prepared by a qualified professional or reviewed and approved by a natural resource agency or authority, such as the Natural Resources Conservation Service of the United States Department of Agriculture, Iowa State University Extension and Outreach, the Iowa Department of Natural Resources, and the Iowa Department of Agriculture and Land Stewardship. The plan shall identify:
i. The natural resource professionals consulted or responsible for the plan.
ii. The conservation, habitat, eco-system, or agricultural goals, which may include: providing habitat for pollinators such as bees and monarch butterflies, providing habitat for wildlife such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing, reducing on-site soil erosion, and improving or protecting surface or ground water quality.
iii. The intended mix of vegetation upon establishment.
iv. The management methods and schedules for how the vegetation will be managed on an annual basis, with particular attention given to the establishment period of approximately three years.
c. Soils shall be planted and maintained in perennial vegetation for the full operational life of the project, to prevent erosion, manage run off and build soil.
d. Vegetative cover should include a mix of perennial grasses and wildflowers that will preferably result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening. Perennial vegetation (grasses and forbs) are preferably native to Iowa, but where appropriate to the vegetative management plan goals, may also include other naturalized and non-invasive species which provided habitat for pollinators and wildlife and/or other ecosystem services (i.e. clovers).
e. Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.
4. Foundations. A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.
5. Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Administrator.
6. Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs, and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.
(b) Stormwater and NPDES. Solar farms are subject to the city's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in division (C)(2)(a)3. of this section.
(c) Other standards and codes. All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Iowa Uniform Building Code, as amended, and the ICC Codes, as amended, and the National Electric Code, as amended.
(d) Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the city. The site plan should show all zoning districts and overlay districts.
(e) Aviation protection. For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through qualitative analysis of the potential impact, field test demonstration or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(f) Agricultural protection. Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils. The city may require mitigation for use of prime soils for solar array placement, including the following:
1. Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.
2. Using an interim use or time-limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation.
3. Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.
4. Locating the project in a wellhead protection area for the purpose of removing agricultural uses from high risk recharge areas.
(g) Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Said decommissioning plan shall be implemented immediately upon the end of operations of any large-scale or community scale solar field. This provision shall not apply if the solar field temporarily ceases to operate for maintenance or repowering purposes, which temporary cessation shall not exceed 90 days, unless a waiver of the same is granted by the express permission of the City Council.
1. Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months.
2. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
3. Disposal of structures and/or foundations shall meet the provisions of the city’s solid waste ordinance.
4. The city may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.
(3) Community-scale and large-scale solar farms.
(a) Community-scale solar. The city permits the development of community-scale solar, subject to the following standards and requirements:
1. Community-scale ground-mounted. Community solar energy systems are a permitted use in M Districts only, as further specified in this chapter.
2. Standards. All structures must comply with setback and height, standards for the M District in which the system is located.
3. A special use permit shall be required from the Zoning Board of Adjustment prior to installation of any community-scale solar array.
(b) Large-scale solar. Ground-mounted solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted only in the following areas under the following standards:
1. M-1 and M-2 Districts:
a. Solar fields may only be installed on sites that are 25 contiguous acres or less.
b. The property shall be maintained by cutting or destroying all grasses, weeds, vines and brush when the growth exceeds eight inches in height.
2. M-3 Districts south of Highway 30 and west of South 54th Street.
a. Solar arrays may be any size.
b. Solar arrays may only be installed on sites south of Highway 30 and west of South 54th Street.
c. The property shall be maintained by cutting or destroying all grasses, weeds, vines, and brush when the growth exceeds eight inches in height.
d. For prairie grass plots and pollinator pockets around solar arrays, the growth shall be mowed or otherwise reduced to eight inches in height a minimum of once per calendar year.
3. A special use permit shall be required from the Zoning Board of Adjustment prior to installation for any large-scale solar array. Further, City Council permission, including any required additional limits or conditions the Council deems appropriate, shall be required.
(c) Applicant must provide for any community-scale or large-scale solar farms contemplated, an opinion from a certified Iowa professional engineer, outlining the removal and disposal procedure for all solar panels once said panels are decommissioned due to failure, damage or other defect, including a fair market value estimate of decommissioning and disposal costs of the same. Said cost of decommissioning and disposal must be updated with a supplemental report to Building and Neighborhood Services every two years following initial completion of the solar array, beginning on the two-year anniversary of completion. Further, applicant must provide proof of a bond in an amount sufficient to pay for all decommissioning and disposal of the entire solar array on the permitted property. In lieu of a bond, applicant may provide a cash deposit in the amount of the engineer's decommissioning estimate, which shall be kept in an interest-bearing account by the city. Said bond or cash deposit shall be increased commensurate with any recommended increases by the applicant's engineer during the life of the project. In the event of a cash deposit which is not depleted by the decommissioning and disposal costs, the remainder, plus any accrued interest on the remainder, shall be refunded to the applicant, or applicant's successor.
(d) In the event that applicant sells or transfers any ownership interest in the array during the life of the array, said transfer documents shall contain reference to this section and the decommissioning requirement. All successor owners shall be subject to this provision.
(e) No special use permit shall be granted for any community-scale or large-scale solar farm unless the project limit is at least 300 feet from any residential structure.
(f) All special use permits and conditional use permits for community-scale or large-scale solar farms shall require written notice, consistent with city and state zoning notice requirements, to all property owners whose lot lines are within 1,000 feet of the lot lines of the proposed parcel where the solar farm is contemplated to be built.
(g) All community-scale or large-scale solar farms shall be built no closer than 50 feet from any public right-of-way.
(h) All community-scale and large-scale solar farms shall be installed in such a way to eliminate any glare or reflection causing a nuisance to any other property, and screening in the form of trees, berms, fences and the like may be imposed as the Zoning Board of Adjustment, or the City Council may deem appropriate.
(i) No community-scale or large-scale solar farm shall be granted any special use permit if the proposed location is within one air mile of any existing previously approved community-scale or large-scale solar farm within the city limits.
(4) All solar projects. All solar shall be installed in such as way to eliminate any glare or reflection causing a nuisance to any other property.
(Ord. 2734, passed 11-28-2023; Ord. 2736, passed 3-26-2024; Ord. 2747, passed 6-11-2024)
(A) The use of land which does not conform to the provisions of this chapter, at the time of its effective date, may be continued until a time as a structure is erected thereon and thereafter the use of the land and the building must conform with the provisions of this chapter.
(B) The lawful use of a building existing at the time of the effective date of this chapter may be continued although the use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be continued as the same nonconforming use to a more restricted classification or to a conforming use, but the use shall not thereafter be changed to a less restricted use.
(C)
In the event a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the use regulations of the district, except that a legal nonconforming use for a two-family dwelling can be reinstated, regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met, and a single-family residential in a C-2 District that was previously intended for single-family use prior to August 11, 2015, may be converted back to residential regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met.
(D) No nonconforming use, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered unless the use is changed to a use permitted in the district. The provisions of this division shall not apply to existing residences in the M-1, M-2 or M-3 Districts and existing residences in C-2 District prior to August 11, 2015; nor shall the provisions of this division preclude the construction, enlargement, extension, reconstruction, or structural alteration of accessory buildings appurtenant to a nonconforming residential use in the C-2 Districts, provided such buildings comply with the required setbacks for R-1C District and the provisions of § 159.046(G).
(E) Direction or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue and any signs shall not be expanded in area, height, number or illumination. New signs, not to exceed 36 square feet in aggregate area, may be erected only after all other signs existing at the time of the adoption of this chapter are removed. New signs in conformity with the above regulations may have illumination not to exceed 60 watts on one face of the sign, but flashing, intermittent or moving illumination signs are not permitted.
(F) The adoption of this section shall not create any new nonconforming uses or validate any existing nonconforming uses unless any existing zoning districts are amended.
(G) If a nonconforming building or structure is damaged by more than 50% of its assessed value by fire, wind, tornado or other natural disaster, it cannot be rebuilt. If less than 50% damaged, it may be rebuilt provided the rebuilding does not increase the intensity of use or floor area of the nonconformity.
(1999 Code, § 165.25) (Ord. 2247, passed 10-9-2001; Ord. 2733, passed 10-10-2023; Ord. 2740, passed 4-23-2024) Penalty, see § 159.999
The regulations contained in this section apply to and regulate all signs in all districts. No new or existing signs, awnings or other advertising device, including signs painted on the vertical surface of a structure, shall be located, replaced, erected or maintained except in compliance with the regulations contained herein.
(A) Building permits are required for all new signs and all existing signs if there is a change in location or in the total area of the sign. Portable signs are allowed only under the provisions of divisions (T)(3)(f) and (V) below. Portable signs in existence at the time of the adoption of these regulations (adoption date) have two years to bring the sign in conformance with the provisions of this section.
(B) Signs shall contain only the name of the business establishment or the principal business conducted on the premises and may include any motto, slogan, insignia or combination thereof.
(C) When a sign is illuminated, the light or lights shall be shaded or concealed so that they will not interfere with the vision of motor vehicle operators or shine directly on residential property located in any residential property.
(D) All signs and sign structures shall be erected and maintained in a safe condition. It is the responsibility of the sign owner, property owner or proprietor of the premises to keep all signs thereon properly maintained. The area around the base of the sign shall be kept free and clear of any weeds, sign material, debris, trash and other refuse.
(E) When a business closes or if a sign is considered a hazard, the owner is to remove the sign. If the owner refuses or neglects to repair or remove the sign, the city, after proper notification, will remove the dangerous or abandoned sign.
(F) Unless otherwise provided, all signs shall be contained upon private property.
(G) Signs located within 20 feet of a corner street lot line intersection shall be so erected and maintained that an unobscured visual sight area is provided for vehicle operators. The unobscured area, at a minimum, shall extend from a distance of two and one-half feet above finished street grade to ten feet above the grade. No more than two poles or post supports of no more than ten inches in diameter shall be permitted within the unobscured area.
(H) Unless otherwise permitted in this section, no part of any sign which projects into or over a public right-of-way or other access way shall have a minimum height of less than the following:
(1) Vehicular way, 16 feet
(2) Pedestrian way, ten feet
(I) A sign may be located in a required yard unless specifically restricted therefrom.
(J) No sign or sign structure other than an official traffic, street or other sign approved by the city shall be placed on any public right-of-way.
(K) No sign or sign structure shall be erected at any location where it may be, by reason of its size, shape, design, location, content, color or manner of illumination, constitute a traffic hazard by obstructing the vision of drivers or by obscuring or otherwise physically interfering with a traffic control device.
(L) No sign or sign structure, unless otherwise provided in this section, shall be erected on or overhang any public right-of-way.
(M) No signs or poles which contain or consist of reflectors or lights which flash, strobe or resemble emergency lights shall be permitted. No lights simulating movement shall be permitted exceeding 11 watts. This prohibition does not exclude all electronic message boards. No sign may be lighted in a manner which impairs the vision of any driver of any motor vehicle.
(N) No sign shall be attached to or placed on any vehicle or trailer parked on public or private property that is visible from a public right-of-way. This prohibition does not prohibit the identification of a firm or its principal products on a vehicle operating during the normal course of business or being taken home.
(O) No sign shall be erected so as to prevent free ingress or egress from any door, window or any other exit way required by the Fire Prevention Code of the city or any other ordinances.
(P) No sign may imitate or resemble an official traffic control sign, signal or device.
(Q) No sign that revolves or that utilizes movement or apparent movement to attract attention shall be permitted.
(R) Only the signs listed in this division are permitted in R-1A, R-1B, R-1C and R-2 Districts and are subject to the regulations set forth.
(1) Home occupations. Unlighted name plate flat against the building not exceeding two square feet in area, stating only the resident’s name and occupation.
(2) Identification signs for other than residential use. Permitted nonresidential uses, but not including home occupations and legal nonconforming uses, shall be permitted one non-illuminated identification sign per establishment with a surface area not exceeding 12 square feet, denoting only the name and address of the premises and name of management, and shall be placed flat against the building. In addition, one bulletin board ground sign shall be permitted for a church, school or other similar institution for the purpose of displaying its name and activities or services. The signs shall not exceed 36 square feet and may be lighted with indirect lighting only. Signs must be located on the same lot as the building.
(3) Temporary signs. The following temporary signs may be installed without applying for a building permit.
(a) Temporary signs pertaining to the lease, hire or sale of a building or premises. The signs shall not exceed ten square feet in area and shall be located not less than ten feet from any property line.
(b) Temporary signs identifying construction or improvements taking place on the property. Signs shall not exceed 36 square feet in area and must be removed within five days after completion of the work.
(c) Temporary real estate signs not exceeding 12 square feet in area. The signs must be removed within ten days after closing the sale.
(d) Temporary signs identifying vacant lots for sale in a subdivision shall not exceed 48 square feet.
(e) Special events message signs as provided for in division (V) below of this section.
(4) Parking areas. Signs designating accessory parking area entrances and exits are limited to one sign for each exit or entrance and a maximum surface area of two square feet for each sign. One sign per parking area, designating the condition of use or identity of the parking area and limited to a maximum area of nine square feet shall be permitted for each street frontage. The signs shall not be located or constructed in a manner which would constitute a safety hazard to vehicular or pedestrian traffic by causing visual interference. Maximum height of the signs shall not exceed 12 feet.
(5) Subdivisions or estate identifying signs. Signs identifying subdivisions or estate identifying signs are limited to 36 square feet in area and shall not be higher than 12 feet. One sign is permitted for each entrance to the subdivision or estate. Signs can be illuminated with indirect lighting only.
(S) Only the signs listed hereinafter are permitted in the R-4 and R-5 Districts and are subject to the regulations set forth herein.
(1) Any sign permitted in division (R) above.
(2) Multi-family unit signs indicating only the name and/or address of the building, the name and location of the management thereof or allied information. Signs shall not exceed 36 square feet or be higher than 12 feet and must be at least 20 feet from property lines abutting single-family residential districts.
(T) Signs listed in this division are permitted in C Commercial or M Industrial Districts and are subject to the regulations/limitations set forth herein.
(1) Subject to the limitations set forth in this division, the maximum area of all permitted signs is as follows:
(a) In the C-1, C-3 and C-R Districts, the maximum area of all permitted signs on interior lots shall not exceed 300 square feet and on corner lots shall not exceed 400 square feet; and
(b) In the C-2, C-2M, C-4 and all M Districts, the maximum area of permitted signs on interior lots shall not exceed 400 square feet and on corner lots shall not exceed 600 square feet. The total maximum sign area may be increased by 200 square feet for buildings 50,000 square feet or larger.
(2) Each developed parcel having frontage on a public right-of-way is permitted to have one facia sign and one projecting sign along that public street or the projecting sign may exist instead of but not in addition to a freestanding ground sign or a roof sign.
(3) Subject to these provisions and division (W) below, the following signs are permitted:
(a) Signs as permitted in divisions (R) and (S) above.
(b) One freestanding ground sign for each developed parcel having frontage on a public right-of-way, not to exceed two square feet of sign area for each linear foot of street frontage abutting the portion of the parcel or premises. The maximum sign area shall not exceed 200 square feet. In the C-1, C-3 and C-R Districts, the height shall not exceed 25 feet. In all other C and M Districts, the height shall not exceed 35 feet.
(c) One wall or facia sign for each occupancy within a developed parcel, not to exceed a total copy area of two square feet for each linear foot of building occupancy. If the occupancy is on a corner, one wall or facia sign will be permitted for each street frontage. If the building includes a canopy, each occupancy will be permitted one under-canopy sign. For buildings with a floor area of 50,000 square feet or more, the total copy area may be increased to two and one-half square feet for each linear foot of building occupancy.
(d) One roof sign shall be permitted for each developed parcel. The sign shall not exceed three square feet of copy area for each linear foot of building frontage which is parallel to the sign placement direction or 200 square feet total, whichever is less.
(e) One projecting sign is permitted within a developed parcel for each street lot frontage and it shall not exceed a total area of two square feet for each linear foot of building occupancy. The projecting sign may not extend more than ten feet horizontally from the building to which it is attached.
(f) Portable signs may be used to display a business name or products sold on the premises during business hours. Signs must be removed during nonbusiness hours.
(g) One directional sign is permitted for each exit and entrance for each street frontage. Each sign shall not exceed two square feet in area and shall not be considered as part of the total allowable sign area permitted. The maximum permitted height for the signs is 12 feet above the street grade.
(h) Signs on awnings, canopies and marquees shall be affixed flat to the surface thereof and shall not be illuminated. These types of signs shall be exempted from the limitations applied to projecting signs.
(i) In addition to permitted signs, one additional name sign or sign advertising products sold on the premises may be installed provided the sign does not exceed 50 feet in area and contains no flashing, moving or intermittent illumination. Signs shall not exceed six feet in height.
(U) The following signs are only permitted in the C-2 District and all M Districts:
(1) Primary highway signs (division (X) below); and
(2) Off-premises advertising signs (division (Y) below).
(V) Special event signs are defined as portable signs placed on private property for the purpose of informing the public of upcoming events, open houses, grand openings or special sale events. Although building permits are not required, placement of special event signs is subject to the requirements of this chapter.
(1) Special events sponsored by non-profit entities that are open to the general public including, but not limited to, fairs, festivals, dinners, special days and commemorative celebrations. These signs shall not contain any advertisement for a product or service offered for sale. These signs may be placed in any district on private property, but not earlier than 21 days preceding the event and shall be removed not later than seven days following the end of the event.
(2) Special sale and grand opening signs shall be permitted only in commercial and industrial districts and may be displayed no more than 15 consecutive days prior to the event for every two months. Signs must be removed immediately upon termination of the sale or event they advertise.
(3) Portable sign. Any sign not permanently fixed can be used as a special event sign subject to the restrictions of this section.
(W) Signs in public right-of-way. In addition to the sign regulations herein, all signs in public rights-of-way shall also meet the following regulations.
(1) No sign shall overhang any public right-of-way or public property except in compliance with the regulations contained herein.
(2) The owner of any sign referred to in this division shall deposit with the Clerk a public liability policy of insurance issued by a company authorized to transact business in the state for a principal sum of not less than $100,000 liability to any one person, and shall carry an endorsement protecting the city, as its interests may appear, as the result of any accident or injury for which it might become in any manner liable. Should the insurance be terminated for any reason or should the same not be kept in force at any time, the building permit for the sign shall be revoked and the sign removed at once.
(3) No sign or banner, or part of any sign or banner, shall be placed on or overhang the traveled portion of any public street or alley, except on a temporary basis and upon a finding of the City Administrator that the sign or banner advertises a public event of general importance to the city, and only if the City Engineer determines the proposed sign or banner can be suspended safely without obstructing sight-lines or obstructing travel on the roadway. Any such sign or banner shall be approved by City Administrator stating the reasons why the sign or banner complies with this division (W)(3), the dates during which the sign or banner may be hung, the exact location and height of the sign or banner, and an exhibit depicting the sign or banner proposed. No sign or banner shall be affixed to any city pole or other city property without the express written consent of the City Administrator. The applicant shall be civilly liable for any damage to city poles or other property resulting from the fastening or erection of any banner on said poles or other property.
(4) No sign, except as provided for in this division, shall be erected on or overhang any public right-of-way. Wall or facia signs (division (T)(3)(c) above), projecting signs (division (T)(3)(e) above) and signs on awnings, canopies and marquees (division (T)(3)(h) above) may overhang a public right-of-way, excluding the traveled portion of a public street or alleyway.
(5) No sign, awning, canopy or other similar structure may extend over any public property without Council approval more than ten feet or beyond a vertical plane two feet from the curb line on the property side.
(6) When awnings, canopies or similar structures are attached to a building and project over a public right-of-way, it shall be approved by the Fire Marshal and the framework shall not be less than eight and one-half feet above the right-of-way. All support posts shall be placed on private property.
(a) Canopy and marquee signs shall maintain a vertical clearance of not less than ten feet above grade.
(b) Awning signs shall maintain a vertical clearance of not less than eight feet above grade.
(7) The total area of a projecting sign shall not exceed one and one-half feet for each linear foot of building frontage facing the right-of-way or a maximum of 150 square feet.
(8) All overhanging signs shall meet or exceed the following specifications:
(a) No sign shall have a greater weight than 2,000 pounds.
(b) When a sign is erected on a metal supporting post, the support post must be placed on private property.
(X) Signs along primary highways. All signs located along primary highways within the city must comply with the standards in the Iowa Code Chapter 306C. Within the city, Highways 30, 67 and 136 are designated primary highways. Signs are subject to control under this law if they are visible from the highway. The following regulations provide a summary of the regulations contained in the Iowa Code Chapter 306C. These regulations are in addition to the requirements of the city.
(1) Regulated signs. Signs regulated by Iowa Code Chapter 306C include:
(a) On-premises signs. Signs advertising the principal products sold or the activity conducted on the property at the sign site;
(b) Off-premises signs. Signs displaying message of general advertisement about products or services available at locations other than at the sign site;
(c) Municipal recognition signs. Signs displaying a message of “Welcome” or a similar community-spirited message; and
(d) Church or service club signs. Signs displaying a message to the facility location, services or meetings.
(2) State permit required. State approval is required for all signs located along a primary highway except for on-premises signs.
(3) Off-premises sign control. Any off-premises signs must conform to the permit, zoning, size, lighting and spacing criteria of the state and the city.
(a) The display area of all off-premises advertising signs shall not exceed 400 square feet.
(b) A maximum of two faces may be oriented in the same direction.
(c) New signs must be a minimum of 800 feet from any other off-premises sign facing in the same direction.
(d) An outdoor advertising permit must be obtained prior to the installation of any new off-premises sign.
(e) No off-premises sign shall be permitted within 100 feet of a residential district boundary unless the sign is completely screened from vision from the residential district.
(f) No off-premises sign shall exceed 35 feet in height.
(Y) Off-premises signs not on a primary highway. All off-premises signs not located on a primary highway must conform to the permit, zoning, size, lighting and spacing criteria of the city.
(1) In the C District, the display area shall not exceed 200 square feet. In any M District, the display area shall not exceed 300 square feet.
(2) New signs must be a minimum of 800 feet from any other off-premises sign.
(3) No off-premises sign shall be permitted within 200 feet of a residential boundary unless the sign is completely screened from vision from the residential district.
(4) No off-premises sign shall exceed 35 feet in height.
(5) No off-premises sign located on the side of a building shall exceed 25 feet in height from the street grade.
(Z) The following sections have special sign regulations. Consult the specific section or sign requirements.
(1999 Code, § 165.26) (Ord. 2247, passed 10-9-2001; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008; Ord. 2569, passed 3-27-2018; Ord. 2590, passed 8-14-2018; Ord. 2595, passed 10-9-2018) Penalty, see § 159.999
(A) Generally. Special uses are those uses having some special or unique characteristic which require a careful review of their location, design, configuration and special impact to determine the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending upon consideration in each case of the public need and benefit and the local impact and all within the context of the intent and purpose of this chapter. Subject to the provisions of divisions (B) and (C) below of this section, the Zoning Board of Adjustment, by a majority vote, may, by resolution, grant a special use permit for the special uses enumerated in division (D) below of this section. These special uses are allowed in any district unless their location is restricted by district regulations or the special use is specifically restricted to a particular district.
(B) Appeals for special use permits.
(1) Applications to permit new construction, extensions or alteration of existing uses and uses authorized by this section, with site plans and the necessary descriptive material relating to the intensity and extent of use shall be made to the Zoning Board of Adjustment to investigate as to the effect of the building or use upon the comprehensive plan, traffic and fire hazards, the character of the neighborhood and the general welfare of the community. A public hearing shall be held in relation to the plan before the Zoning Board of Adjustment, notice and publication of the item and place for which shall conform to the procedure prescribed in § 159.052.
(2) The Zoning Board of Adjustment shall determine whether the building or use will:
(a) Substantially increase traffic hazards or congestion;
(b) Substantially increase fire hazards;
(c) Adversely affect the character of the neighborhood;
(d) Adversely affect the general welfare of the community;
(e) Overtax public utilities; and
(f) Be in conflict with the comprehensive plan.
(3) If the Board’s findings appear to be negative as to all subjects referred to in divisions (B)(2)(a) through (f) listed above, then the application shall be granted. If the findings are affirmative as to any subject, then the permit shall be denied.
(C) Proposed special use. Any proposed special use shall otherwise comply with all of the regulations set forth in this chapter for the district in which the use is located, except that the Zoning Board of Adjustment may permit hospitals and institutions to exceed the height limitation of any district.
(D) Special uses. If a special use is listed with a zoning district in parentheses, the special use is restricted to that district.
(1) Airport landing field or landing strip for all forms of aircraft;
(2) Amusement park, but not within 300 feet of any residential district;
(3) Cemetery, crematorium or mausoleum;
(4) Circus or carnival grounds, but not within 300 feet of any residential district;
(5) Commercial, recreational or amusement development for temporary or seasonal periods;
(6) Hospital or institution, provided that any hospital or institution permitted in any residential district shall be located on a site of not less than five acres, shall not occupy more than 10% of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height. These regulations shall not apply to the presently existing hospitals: Mercy Medical;
(7) Marina;
(8) Medical/dental clinics, health care facilities and nursing, rest or convalescent homes in residential districts;
(9) Office building of a civic, religious or charitable organization, conducting activities primarily by mail and not handling merchandise or rendering services on the premises, but only within the R-4 district;
(10) Privately operated community building or recreation field;
(11) Any public or government building or use not permitted in a particular district;
(12) Commercial stables as well as noncommercial stables on less than five acres;
(13) Any structure that is intended for transmitting or receiving radio, television or telephone communications, excluding those used exclusively for dispatch communications;
(14) Waste processing, storage and transfer. All new and existing facilities must meet the special use requirements for salvage yards;
(15) The extraction of sand, gravel and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted materials or overburden and any processing or extraction machinery or the open face of any outcrop shall be at least 500 feet from any residential structure, street or place. The owner/operator of a facility must provide an operation/restoration plan before a permit can be issued;
(16) Parking lots on land within 300 feet from any commercial, business or industrial district, provided the following standards are met:
(a) Ingress and egress to the lot shall be from a major street or from a street directly serving the commercial or business district;
(b) No business involving the repair or service of vehicles or the sale or display thereof shall be conducted from or upon the parking areas;
(c) No structures shall be erected or remain on any portion of the lot except as provided for under division (D)(16)(g) below;
(d) No signs shall be erected on the parking area except as approved by the Zoning Board of Adjustment;
(e) Parking areas shall be used for parking patrons’ passenger vehicles only and no charge shall be made for parking within the premises;
(f) The parking shall be set back in conformity with the established or required yards for residential uses and where a parking area adjoins a residential use, it shall have a minimum side yard of ten feet; and
(g) The parking area shall be suitably screened or fenced, paved and drained, lighted properly and maintained free of debris.
(17) Salvage yards, used vehicle parts dealer and vehicle salvager. All new and existing facilities must be permitted in accordance with Chapter 122 of this code, maintained according to the requirements of this division and Chapter 122 of this code, and must be in full compliance with all requirements established in the Iowa Code § 306C.2 and Iowa Administrative Code Agency 761 Chapter 116 for junk yards. In addition, used parts dealers and vehicle salvagers must also meet the requirements of the Iowa Code § 321H and applicable regulations contained in Iowa Administrative Code Agency 761 Chapter 431. Salvage yards, used parts dealer and vehicle salvage are restricted to the M-3 Industrial (Park) District.
(a) No facility shall be located so as to seriously expose adjoining or adjacent properties.
(b) The burning of wrecked or dismantled vehicles or any parts thereof, salvage or waste materials is prohibited.
(c) Handling and storage of large quantities of waste paper, rags or other combustible material shall not be in a building of wood frame or ordinary construction unless the building is sprinkled. Vertical openings shall be enclosed in an approved manner.
(d) Picking rooms shall be separated from storage rooms by construction having a fire resistance rating of not less than one hour, with each door opening provided with an approved, self closing fire door. Picking rooms shall be enclosed with exhaust systems of sufficient capacity to adequately remove dust and lint.
(e) Where acetylene or other types of torches are used for cutting operations, a suitable fire extinguisher must be available.
(f) The property used for these purposes must be screened with a six-foot high solid visual barrier.
(g) At least ten off-street parking spaces must be provided.
(h) One off-street loading space not less than ten feet in width and 25 feet in length must be provided.
(18) Special uses listed in district use regulations;
(19) Bed and breakfast inn and bed and breakfast home in any residential district provided the following conditions are met:
(a) Shall be located only on properties that are single-family, owner occupied;
(b) Special use permits are not transferable to subsequent owners or to other properties unless a new special use permit is issued;
(c) Only short-term (less than 14 nights) lodging is permitted;
(d) Occupancy for a bed and breakfast inn shall be limited to no more than ten guest rooms. A bed and breakfast home shall be limited to no more than three guest rooms;
(e) No cooking facilities are permitted in guest rooms;
(f) One off-street parking space for each guest room;
(g) One freestanding ground sign not exceeding six square feet in area and no higher than 6 feet in height is permitted. Signs shall only be illuminated with direct light. One wall mounted sign may exist instead of but not in addition to a freestanding ground sign. The wall mounted sign may not exceed 6 square feet in area, may not be internally illuminated, and with direct lighting only; and
(h) Be subject to all applicable state and local codes.
(20) Office uses without limitation to the number of employees allowed in any commercial district.
(21) Vehicle rebuilder. All new and existing vehicle rebuilders must follow the requirements of the Iowa Department of Transportation pursuant to the Iowa Code Chapter 321H and the following regulations.
(a) All repairs/rebuilding are conducted within a completely enclosed building.
(b) All outdoor storage areas for vehicles and vehicle parts must be completely screened with a six foot solid visual barrier.
(c) No more than seven vehicles waiting repair/rebuilding may be stored.
(d) No vehicles waiting repair/rebuilding may be located outside the motor vehicle storage yard.
(e) Vehicle rebuilding will only be allowed in the C-2 and M Districts.
(22) Recycling processing center. All new and existing recycling processing centers shall meet the requirements of division (D)(17)(a) through (h) above.
(23) Pet crematorium in the R-1A One-Family Residential District provided the following conditions are met:
(a) Minimum lot size of one acre;
(b) Limited to pets which weigh no more than 200 pounds;
(c) The crematory shall be within an enclosed building;
(d) All remains of the cremation shall be returned to the pet owner or disposed of in a sanitary landfill;
(e) The cremation process shall emit no odor that is objectionable to surrounding property owners;
(f) All pets shall be cremated within 24 hours after being received or stored in freezers to prevent odor or decomposition;
(g) The crematory shall operate in compliance with all local and state regulations;
(h) Minimum of two off-street parking spaces shall be provided;
(i) A permit for a pet crematory is not transferable to subsequent owners or to other properties unless a new permit is issued; and
(j) No advertising sign shall be displayed except for an unlighted business name sign flat against the building not exceeding two square feet in area. No advertisement shall list the address of the business.
(24) (a) It is the intent of these regulations to ensure the proper design, siting, and installation of wind energy conversion systems in order to protect the public health, safety and welfare of surrounding property owners and the community.
(b) The city recognizes the importance of reducing dependence on non-renewable sources of energy by promoting alternative energy sources. The city also recognizes wind energy is an abundant and non-polluting energy resource available to the city. As such, the city understands wind energy conversion systems have the potential to adversely affect surrounding properties in terms of noise, aesthetic issues, shadow flickers, fall zone damage, etc. if not sited and regulated properly.
1. Definitions. For the purposes of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM. A wind energy conversion system (horizontal or vertical axis) intended to produce electricity for sale to a rate regulated or non-regulated utility or for use off site.
FAA. The Federal Aviation Administration of the United States Department of Transportation.
FALL ZONE. The area, defined as the furthest distance from the tower base, in which a wind energy conversion system will collapse in the event of a structural failure.
GUY WIRE. Any wire extending from a wind energy conversion system for the purpose of supporting the structure.
HEIGHT, TOTAL SYSTEM. The height above grade of the system, or above the roofline if roof-mounted, including the wind generator and the highest vertical extension of any blade or rotor.
MET (METEOROLOGICAL) TOWER. A tower with an aggregation of parts including any anchor, base, base plate, boom, cable, electrical or electronic equipment, guy wire, hardware, indicator, instrument, telemetry device, vane, or wiring used to collect or transmit meteorological data, including wind speed and wind flow information, in order to monitor or characterize wind resources at or near a wind energy conversion system.
NON-COMMERCIAL WIND ENERGY CONVERSION SYSTEM. A wind energy conversion system (horizontal or vertical axis) which has a rated capacity of up to 100 kilowatts and which is incidental and subordinate to a permitted use on the same parcel. A system is considered a non-commercial wind energy conversion 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 in accordance with I.A.C. Section 199, Chapter 15.11(5). Any wind energy conversion system not falling under this definition shall be treated as a commercial wind energy conversion system.
SHADOW FLICKER. Any alternating change in light intensity caused by the rotating blades of a wind energy conversion system casting shadows on the ground or a stationary object.
TOWER. The vertical component of a wind energy conversion system that elevates the wind generator above the ground.
USE TERMINATION. The point in time at which a wind energy conversion system owner provides notice to the city that the wind energy conversion system is no longer used to produce electricity unless due to a temporary shutdown for repairs. The notice of use termination shall occur no less than 30 days after actual use termination.
WIND ENERGY CONVERSION SYSTEM (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine.
WIND ENERGY CONVERSION SYSTEM (WECS), ABANDONED. Any wind energy conversion system which remains non-functional or inoperative for a period of one year.
WIND GENERATOR. The blades and associated mechanical and electrical conversion components mounted on the top of the tower.
2. General regulations.
a. General.
i. Wind energy conversion systems shall be allowed as a special use accessory to a permitted use in all zoning districts.
ii. MET towers are subject to all regulations and restrictions set for wind energy conversion systems set forth in division (D)(24).
b. Prohibited. Commercial wind energy conversion systems are prohibited within the city.
c. Number of systems per property. No property shall contain more than one wind energy conversion system. The Zoning Board of Adjustment may permit additional wind energy conversion systems if the property owner can demonstrate a need for the extra system(s) in order to further reduce on-site energy consumption and help satisfy the intent of the ordinance. However, the Zoning Board of Adjustment shall consider the potential adverse impacts resulting from visual clutter and noise. Under no circumstances shall the combination of all wind energy conversion systems on a lot exceed a total rated output capacity of 100 kW.
d. Permit required. All wind energy conversion systems require a special use permit to be obtained from the Zoning Board of Adjustment prior to site grading and installation in any zoning district. The Zoning Board of Adjustment can revoke a special use permit at any time if the requirements set forth in this ordinance and/or any conditions imposed by the Zoning Board of Adjustment are not met. The Zoning 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 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 building official or his/her designee shall repair the structure to meet all federal, state and local safety standards or remove it within six months.
h. Nonconforming. Properly maintained wind energy conversion systems constructed prior to the effective date of this Section shall not be required to meet the requirements of this section; provided, however, that any such pre-existing wind energy conversion system which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy. However, no modification or alteration to an existing wind energy conversion system, other than routine maintenance, shall be allowed unless in compliance with this section.
3. Bulk regulations.
a. Setbacks. The minimum distance between a wind energy conversion system and any property line shall be no less than a distance equivalent to 110% of the total system height. The setback shall be measured from the center of the tower's base. Associated guy wires, if applicable, must be set back a distance of ten feet from all property lines. The Zoning Board of Adjustment may authorize lesser setback distances if a registered engineer licensed by the State of Iowa specifies in writing that the collapse of the system will occur within a lesser distance under all foreseeable circumstances.
b. Maximum total system height.
i. The maximum height for a wind energy conversion system is 80 feet.
ii. The maximum height for a roof-mounted wind energy conversion system is 15 feet above the maximum building height allowed in the zoning district in which it is located.
4. Location.
a. No wind energy conversion system shall be located over any public road right-of-way unless the governmental entity with jurisdiction over the road provides written permission.
b. No wind energy conversion system shall be located over any adjacent properties unless the affected land owner(s) provides written permission. This permission shall come in the form of a recorded easement or other recorded instrument.
c. No wind energy conversion system shall be located within or over any drainage, utility or other established easements.
d. Wind energy conversion systems shall be located entirely within the rear yard of a property unless mounted on a roof.
5. Design and technical standards.
a. Tower. Wind generators must be attached to a freestanding or guy wired monopole tower or mounted on a roof. Lattice towers are prohibited.
b. Color. Wind energy conversion systems shall be white, grey or another non-obtrusive color unless other color patterns or colors are required by state or federal regulations. Blades may be black to facilitate de-icing. Finishes shall be non-reflective or matte.
c. Lighting. Minimum lighting necessary for safety and security purposes shall be permitted. Security lighting shall be directed downward and shaded or concealed so as to not shine directly on adjacent properties. No other lighting is allowed unless required to meet state or federal regulations.
d. Signage permitted. Wind energy conversion systems shall include warning signage, not to exceed four square feet, highlighting the risk of electrical shock, high voltage, harm from revolving machinery, hazard from falling ice and the name and emergency contact telephone number of the system's owner. Required signage must be placed on the tower at a height of five feet. In addition, a system or tower's manufacturer's logo may be displayed on a wind energy conversion system in an un-obstructive manner. Permitted signage shall not be considered as part of a property's total allowable sign area permitted. All other signs are prohibited.
e. Climbing apparatus. Climbing apparatuses must be located 12 feet from the ground and the tower must be designed to prevent climbing within the first 12 feet. Roof-mounted wind energy conversion systems are exempt from this requirement as long as roof access is restricted.
f. Fencing. All wind energy conversion systems and associated guy wire anchor points shall be enclosed by a six-foot high fence with a securely locked gate to limit uncontrolled access and reduce safety hazards. Roof-mounted wind energy conversion systems are exempt from this requirement.
g. Electrical wires. All electrical wires associated with a wind energy conversion system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
h. Noise. Wind energy conversion systems shall not exceed 65 decibels (dBA), except during short-term events such as severe wind storms and utility outages, as measured under test procedures established by § 93.10 of the code of ordinances. Maximum sound pressures will be measured from the closest point on the closest property line.
i. Blade clearance. No wind energy conversion system shall have any portion of a blade extend within 20 feet of the ground.
j. Automatic overspeed controls. All wind energy conversion systems shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system.
k. Electromagnetic interference. No wind energy conversion system shall produce electromagnetic interference so as to disrupt transmissions such as those from radio, television or microwave towers.
l. Waste disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
m. Ice shedding. Wind energy conversion system owners shall ensure that ice from the rotor blades does not impact any off-site properties.
n. Shadow flicker. Wind energy conversion systems shall not cause a shadow flicker upon any off-site properties or traveled roadways.
6. Abandonment and removal procedure.
a. All wind energy conversion systems shall be removed from the site within six months of use termination notice to the city by the owner of the facility or within three months of a special use permit revocation by the Zoning Board of Adjustment.
b. The site shall be stabilized, graded and cleared of any debris by the property owner.
c. Any foundation shall be removed to a minimum depth of four feet below grade, or to the level of the bedrock if less than four feet below grade.
d. If the removal of the wind energy conversion system is required, the city will assess the costs of removal against the property upon which the wind energy conversion system is located for collection in the same manner as a property tax.
7. 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. Documentation demonstrating adequate liability insurance for the wind energy conversion system.
e. 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 or attached to the roof, prepared by a professional engineer licensed in the State of Iowa.
f. A site plan including the following information:
i. Legal description of the property;
ii. Parcel boundaries ;
iii. Existing buildings;
iv. Easements;
v. Fencing;
vi. Proposed location of wind energy conversion system;
vii. Setbacks;
viii. Travel ways;
ix. Overhead utility lines;
x. Contour map with contours at intervals of two feet, if the general slope is less than 10%, and at vertical intervals of five feet if the general slope is greater than 10%;
xi. If connection to the publicly regulated utility grid is proposed, a copy of the contract between applicant and utility verifying that the proposed connection is acceptable, and/or other evidence making clear that the utility is aware of the proposed connection and finds it acceptable.
(25) Industrial buildings housing unmanned automated storage and retrieval systems ("ASRS") erected to a height in excess of 100 feet in the M-2 or M-3 Districts.
(27) Outdoor Service Areas in all C and M Districts, subject to compliance with the requirements of § 159.046(P).
(28) Community- and utility-scale solar fields.
(29) Expansion of one-family dwellings, accessory structures and accessory structure expansions for one-family residences in C-2 General Commercial District.
(E) Temporary buildings. Temporary buildings may be used in conjunction with construction only and may be permitted in any district during the period that the construction work is in progress, and the temporary buildings shall be removed upon completion of the construction work.
(1999 Code, § 165.28) (Ord. 2247, passed 10-9-2001; Ord. 2255, passed 5-20-2002; Ord. 2352, passed 7-24-2007; Ord. 2360, passed 2-12-2008; Ord. 2403, passed 4-14-2009; Ord. 2404, passed 6-14-2009; Ord. 2609, passed 4-23-2019; Ord. 2685, passed 9-14-2021; Ord. 2688, passed 10-12-2021; Ord. 2723, passed 3-28-2023; Ord. 2726, passed 4-11-2023; Ord. 2732, passed 7-11-2023; Ord. 2733, passed 10-10-2023; Ord. 2734, passed 11-28-2023; Ord. 2740, passed 4-23- 2024) Penalty, see § 159.999
(A) No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be constructed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
(B) Certificates of occupancy shall be required for any of the following.
(1) Certificates of occupancy for nonconforming uses.
(a) A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by the adoption of this Chapter. It shall be the duty of the Building and Neighborhood Services Director or his or her designee to issue a certificate of occupancy for a lawful nonconforming use.
(b) Failure to receive the certificate of occupancy for a nonconforming use or refusal of the Building and Neighborhood Services Director or his or her designee to issue a certificate of occupancy for the nonconforming use shall be prima facia evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of this chapter.
(2) Any change in the use of a nonconforming use. No occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued by the Building and Neighborhood Services Director or his or her designee.
(C) Certificates of occupancy are not required for fences, accessory buildings or signs, but the Planning Department is to be notified when these improvements are completed.
(1999 Code, § 165.29) (Ord. 2368, passed 5-27-2008) Penalty, see § 159.999
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