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A BMWT and its essential support facilities shall be allowed as a permitted accessory use when attached to the principal structure in any zoning district subject to the following:
A. A simple site plan shall be submitted for each BMWT providing the following information:
1. Mounting location of the BMWT on the principal structure.
2. Description of the BMWT height and width, including a photo (if available) or other visual representation.
B. BMWT shall not exceed sixty (60) decibels, as measured at the closest property line. The level, however, may be exceeded during short term events such as utility outages and/or severe windstorms.
C. BMWT shall comply with the maximum height requirement of the zoning district in which it is located. Applicants proposing an installation higher than allowed by the zoning district in which it will be located may apply for a variance to the zoning board of adjustment.
D. No BMWT may occupy, encroach or "overhang" any public right of way without the expressed approval of the city.
E. Each BMWT installation shall require a separate building permit.
F. A building permit for the installation of a BMWT in a historic district requires the prior issuance of a certificate of appropriateness from the historic preservation commission. (Ord. 52-09, 10-19-2009)
A. Small Wind Energy Conversion Systems: Any SWECS found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards, or removed within six (6) months. If any SWECS is not operated for a continuous period of twelve (12) months, the city shall notify the landowner by registered mail that such SWECS is deemed abandoned, and provide forty five (45) days for a response. In their response, the landowner shall set forth reasons for the operational difficulty and provide a timetable for corrective action not exceeding six (6) months. If the corrective action is not completed within six (6) months, the city shall notify the landowner that such SWECS shall be removed within twelve (12) days of receipt of the notice.
B. Commercial Wind Energy Conversion Systems: A CWECS shall be considered a discontinued use after twelve (12) months without energy production, unless a plan is developed and submitted to the city outlining the steps and schedule for returning the CWECS to service. All CWECS and accessory facilities shall be removed to four feet (4') below ground level within one hundred eighty (180) days of the discontinuation of use. Additional time may be granted upon acceptable proof of weather delays. Each CWECS shall have a decommissioning plan outlining the anticipated means and cost of removing CWECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities. (Ord. 52-09, 10-19-2009)
A. The special provisions of this section 16-7-4 are intended to regulate the location of adult entertainment establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this title shall be construed or interpreted to permit adult entertainment establishments in areas other than those set forth herein.
B. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area.
C. These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, and are made with full consideration of the legal and constitutional issues heretofore adjudicated.
D. The provisions of this section 16-7-4 shall govern the location and spatial separation of adult entertainment establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. (Ord. 52-09, 10-19-2009)
A. Adult entertainment establishments may be established within any commercial or industrial zoning district, but shall not be located within one thousand two hundred feet (1,200') of any residential or institutional district, or a public or private (parochial) primary or secondary school (K - 12) property approved by the state of Iowa.
B. No adult entertainment establishment shall be located within two thousand five hundred feet (2,500') of any other adult entertainment establishment. (Ord. 52-09, 10-19-2009)
A. The special provisions of this section 16-7-5 are intended to regulate the location of payday lending establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this code shall be construed or interpreted to permit payday lending establishments in areas other than those set forth herein.
B. The provisions of this section 16-7-5 shall govern the location and spatial separation of payday lending establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. (Ord. 46-14, 7-21-2014)
PAYDAY LENDER: A company that: a) accepts a check dated subsequent to the date it was written; and/or b) accepts a check on the date it was written and holds the check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representations made to, the maker of the check, whether expressed or implied. (Ord. 46-14, 7-21-2014)
A. Establishments may be established within any commercial or industrial zoning district, but shall not be located within one thousand two hundred feet (1,200') of any residential district.
B. No payday lending establishment shall be located within two thousand five hundred feet (2,500') of any other payday lending establishment. (Ord. 46-14, 7-21-2014)