(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.
(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) Penalty, see § 159.999