55.24 AGRICULTURAL ZONING DISTRICT REGULATIONS. (A-1, C-A, A-R)

Agricultural Districts are intended and designed to preserve the agricultural resources of the County, including agriculturally related services, and protect agricultural land from encroachment of non-agricultural uses and activities.  

1.   Agricultural Districts.

   A.   A-1 Agricultural District. The A-1 District is intended to provide and preserve the agricultural and rural use of land, while accommodating very low-density residential development generally associated with agricultural uses.

   B.   C-A Commercial Agricultural District. The C-A District is intended to provide for those agriculturally related service uses unique to and interrelated to the A-1 District. Areas designated as a C-A District are to be dispersed through the A-1 District.

   C.   A-R Agricultural Residential District; also known as “Ag Residential District”. The A-R District is intended to provide for and accommodate low-density Agricultural Residential development and acreages. Areas designated as an A-R District areas are to be dispersed through the A-1 District.

2.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the agricultural districts.

PRINCIPAL PERMITTED USES	A-1	C-A	A-R
Agriculture - Animal Production, including raising and breeding of domesticated animals such as poultry and livestock, but not including feed lots, poultry farms or hog confinement facilities.	P	P	P
Agriculture - Animal Production feed lots, poultry farms or hog confinement facilities.	PR	PR	PR
Agriculture - Crop Production for growing of the usual farm products such as vegetables, fruits (including vineyards), trees, and hay; and grain storage and grain drying facilities provided such storage is secondary to that of the principal normal farming operation.	P	P	P
Agriculture – Storage and repair facilities of custom hire machinery, equipment and supplies incidental to farming including tillage equipment, chemical application equipment (ground types only) and similar uses.		P
Agriculture – Custom cleaning and grain drying facilities		SUP
Agriculture – Farm equipment repair such as blacksmith, welding, mechanical repair and related services.		P
Agriculture - Kennels for the raising, breeding and boarding of dogs or other small domesticated animals.	PR
Agriculture - Exotic animal husbandry such as mink farms or wildlife parks.	SUP
Agriculture - Nurseries, greenhouses and truck gardens.	P		P
Agriculture – Tiling contractor storage and repair facilities, including incidental supplies and equipment.		P
Agriculture – Sale barns, with restrictions.		SUP
Agriculture - Sales of cheese, milk, ice cream, and similar products primarily produced on-site, including processing of same.		P
Agriculture – Sales of feed, seed, fertilizer and agricultural chemicals except ammonia.		P
Agriculture – Storage and pumping facilities for anhydrous ammonia.		SUP
Agriculture – Veterinary clinics.		PR
Agriculture – Wineries including accessory uses such as wine sales, banquet rooms, catering and food sales, vineyards, and no more than one accessory residential dwelling		P
Cemeteries, including mausoleums	PR
Churches, chapels, temples and similar places of worship including parish house and Sunday school building.	P		P
Dwellings - single-family (non-farm).	P		P
Dwellings - duplex, two-family	P
Education - Elementary and secondary schools, public and private.	P		P
Education - Colleges and universities, public or private, including offices and dormitories.	P		P
Mining - Mining and extraction of minerals and raw materials including sand and gravel pits, with restrictions.	SUP
Parks - Forests and wildlife preserves.	P		P
Parks – Public parks, playgrounds, golf course and recreation areas.	SUP		SUP
Public – any public building erected and used by any department of the township, County, State or Federal government.	SUP
Recreation - Riding Stables, public or private.	P
Recreation - Gun clubs, skeet-shooting ranges and similar uses.	SUP
Recreation – Campgrounds, private campgrounds with permanent infrastructure and tourist parks.	SUP
Recreation – Automobile race tracks, drag strips and snowmobile tracks.	SUP
Recreation – Private parks and recreational areas including country clubs, swimming pools, golf courses and ballfields; but excluding miniature golf courses, drive-in theaters and similar commercial uses.	SUP		SUP
Recreation - Public and private events centers, banquet halls, party barns, cabins. More than three cabins require a SUP.		PR / SUP
Storage – Mini-warehouse facilities		PR
Temporary enterprises - involving large assemblages of people or automobiles including, but not limited to, carnivals, circuses, rodeos, show rings, music festivals, sporting events, farm machinery auctions, and related auctions.	SUP
Temporary enterprises, small scale - involving smaller assemblages of people or automobiles including, but not limited to, campgrounds and food venders intended to serve attendees of large events such as Knoxville Nationals or RAGBRAI.	PR
Transportation - Airstrips and airports, public or private.	SUP
Utilities – Utility pole mounted small wireless facility	PR	PR	PR
Utilities – Water supply and sewage treatment facilities, public or private.	SUP		SUP
Utilities – Electrical and natural gas transmission, regulating and storage facilities.	SUP		SUP
Utilities – Electrical substations, telephone exchanges, sanitary sewer lift stations, lagoons, well water treatment facilities, and gas	SUP	P	SUP
Utilities – Microwave, radio, television, and cellular telephone communication towers.	PR	PR
Utilities - Sanitary landfills, solid waste disposal facilities and yard waste composting facilities, both public and private.	SUP
Utilities – Utility Scale Solar Energy System		PR
Other retail business or service establishments determined by the Zoning Administrator to be equivalent to other permitted uses.		P
Key: P = Permitted Use PR = Permitted Use With Restrictions SUP = Special Use Permit required Blank = Use Not Permitted

 

3.   Restrictions for Principal Permitted Uses. The following restrictions shall apply to the appropriate permitted uses in agricultural zoning districts:

   A.   Animal Production Feed Lots. All feed lots, poultry farms and hog confinement facilities are permitted provided that all hog confinement facilities, feed lots and poultry farms meet all of the waste treatment requirements of the Iowa Department of Natural Resources and obtain the necessary permits, where applicable, in conformance with the Code of Iowa, and a copy of the IDNR permit is provided to the Zoning Administrator prior to construction of said facilities.

   B.   Cemeteries and Mausoleums. All buildings shall be at least 200 feet from adjacent property lines

   C.   Exotic Animal Husbandry. Exotic animal husbandry uses shall be in compliance with all Iowa laws governing such uses, including regulations regarding dangerous animals and permit requirements.

   D.   Kennels. All buildings, including exercise runways, are at least 200 feet from all property lines.

   E.   Veterinary Clinics. All buildings, including any livestock holding facilities, are at least 200 feet from “R” residential district or A-R district boundary lines.

   F.   Mining and Extraction of Minerals, including sand and gravel pits. All operations are subject to the approval of the Iowa Department of Natural Resources, including plans for final site treatment of any such operation located in or on the flood plain of any river or stream.

   G.   Sale Barns. All buildings, including any livestock holding facilities, are at least 400 feet from “R” residential district boundary lines.

   H.   Storage. Mini-warehouse facilities are only permitted in C-A when the following are met:

      (1)   The storage is indoor.

      (2)   The mini-warehouse building is an accessory structure. (No standalone mini-warehouses are permitted.)

   I.   Small wireless facility utility pole height limitations. New, replacement, or modified utility pole or wireless support structure shall not exceed the greater of ten feet in height above the tallest utility pole existing, located within five hundred feet of the new, replacement, or modified utility pole, or forty feet in height above ground level.

   J.   Microwave, radio, television, and cellular telephone communication towers but not utility poles. All towers must have a fall zone. The minimum distance from the base of any new ground mounted communication tower to public right-of-way or any property line shall be:

      (1)   A distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining property line.

      (2)   A distance equal to at least one hundred (100) feet or one hundred percent (100%) of the height in the tower, whichever is greater, from any residential zoned district or residential use property line.

   K.   Temporary enterprises, small scale. All small-scale temporary enterprises shall be required to obtain an approved permit for a temporary site plan in conformance with Section 55.30A from the Zoning Administrator prior to commencing operations.

   L.   Events Centers, Banquet halls, and Party Barns. On-site parking shall be provided for the maximum event, parking shall not be permitted on public or private streets. All buildings shall comply with all applicable fire codes, including number and location of exits.

   M.   Utility Scale Solar Energy Systems. Solar arrays installed as a utility scale solar energy system and as the principal use shall conform to all height, setback, and other requirements of the district. The following additional standards apply to all solar arrays as a principal use:

      (1)   Prohibited. Concentrating solar power (CSP) systems shall be prohibited.

      (2)   Site Plan. A site plan shall be submitted to the Zoning Administrator demonstrating compliance with:

         a.   Setback and height limitations as established in the underlying zoning district.

         b.   Applicable zoning district requirements.

         c.   Applicable solar requirements per this section.

      (3)   Compliance. Solar arrays installed as utility-scale solar energy system installations shall comply with applicable local, state, and federal regulations.

      (4)   Installation. System shall be installed according to manufacturer’s recommendations and industry best practices.

      (5)   Solar Glare. All solar arrays shall incorporate antiglare measures into the system or installation shall be placed in areas so that the solar glare shall not be directed onto residential properties or public rights-of-way.

      (6)   Design. The design of the solar panel arrays shall use materials, colors, textures, screening, and landscaping similar to their background or the existing natural environment to the most reasonable extent possible without prohibiting the installation.

      (7)   Fencing. A security fence must be installed along all exterior sides of the utility-scale solar array installation and be equipped with a minimum of one gate and locking mechanism on the primary access side. Security fences, gates, and warning signs must be maintained in good condition until the installation is dismantled and removed from the site according to the decommissioning plan as established in Paragraph 9, below; and

      (8)   Screening. The site shall be constructed with natural screening when abutting all public rights-of-way and residential properties.

      (9)   Avoidance and mitigation of damages to public infrastructure.

         a.   Roads. Applicants shall identify all roads to be used for the purpose of transporting solar array components, substation parts, cement, and/or equipment for construction, operation or maintenance of the solar arrays and obtain applicable weight and size permits from the impacted road authority prior to construction.

         b.   Existing Road Conditions. Applicant shall conduct a preconstruction survey, in coordination with the impacted local road authority to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility. The applicant is responsible for on-going road maintenance and dust control measures identified by the Marion County Road Department during all phases of construction.

         c.   Drainage System. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the solar arrays.

         d.   Required Financial Security. The applicant shall be responsible for restoring or paying damages as agreed to by the applicable road authority sufficient to restore the roads and bridges to preconstruction conditions. Financial assurance mechanism(s) in the form of a performance bond and/or other security approved by the Marion County Attorney’s Office shall be submitted covering 130 percent the costs of all required improvements. This requirement may be waived or modified by the Board of Supervisors by recommendation from the Marion County Road Department.

      (10)   Decommissioning Plan.

         a.   The applicant shall submit a decommissioning plan signed by the party responsible for decommissioning and the landowner addressing the following with the permit application.

            i.   Defined conditions upon which decommissioning will be initiated (e.g. end of land lease, no power production for 12 months, etc.)

            ii.   Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations

            iii.   Restoration of property to the condition prior to the development of the utility-scale solar panel array system.

            iv.   The timeframe for completion of decommissioning activities.

            v.   Description of any agreement (e.g. lease) with the landowner regarding decommissioning.

            vi.   The party currently responsible for decommissioning.

            vii.   Plans for updating this decommissioning plan.

4.   Special Use Permits. Principal permitted uses designed “SUP” in Subsection 2 of this section shall be permitted only upon approval of a Special Use Permit by the Board of Adjustment in accordance with Section 53.38 of this chapter in addition to conformance with all appropriate restrictions outlined Subsection 3 of this section.

5.   Permitted Accessory Uses. The following accessory uses are permitted in agricultural zoning districts:

   A.   Customary accessory uses and structures incidental and subordinate to the permitted principal uses, unless otherwise excluded.

   B.   Private garage or carport (A-1 and A-R only).

   C.   Accessory Mobile Home Dwellings (A-1 only), subject to the following:

      (1)   No more than one (1) mobile home for use as a non-farm dwelling on a lot accessory to a principal farm dwelling may be permitted subject to approval by the Zoning Administrator. Said principal farm dwelling must meet perimeter foundation requirements to qualify for an accessory mobile home dwelling. All properties as defined by Chapter 322 of the Code of Iowa “mobile homes” are subject to inspections by the Department of Public Safety, State of Iowa.

      (2)   A permit for a temporary accessory mobile home dwelling for a period as determined by the Zoning Administrator shall be required.

      (3)   The Zoning Administrator shall approve, conditionally approve, or deny such request for an accessory mobile home dwelling.

   D.   Home Occupations as permitted in and as limited by Section 55.17 for the A-R District or by Section 55.18 for the A-1 and C-A Districts.

   E.   The taking of boarders or the leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed three (3) per building (A-1 only).

   F.   No more than three shipping containers are allowed on parcels of 10 acres or less and no more than five storage containers on parcels over 10 acres.

   G.   Temporary buildings, including mobile homes or trailers, for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. Temporary buildings or dwellings shall not be permitted for a period longer than one year unless approved in writing by the Zoning Administrator.

   H.   Roadside stands for the sale of products grown on the premises.

   I.   Private Solar Energy Systems.

      (1)   Ground Mounted Solar Array. Ground-mounted solar array shall be:

         a.   Located in the side or rear yard.

         b.   Set back from lot lines as if the arrays were a detached accessory structure.

         c.   Sized as if the arrays were a detached accessory structure.

         d.   Screened from adjacent residential properties.

      (2)   Building-Mounted Solar Array. Building-mounted solar array shall be:

         a.   Mounted on a principal building or accessory structure in a way that does not extend more than 12 inches above or beyond the surface to which it is mounted, or

         b.   Serve as a structural component that meets the same setback requirements as the district.

   J.   Small wind energy conversion systems (SWECS) are a permitted accessory use subject to the requirements set forth in this subsection.

      (1)   SWECS Height. SWECS structure height shall not exceed 125 feet.

      (2)   Setbacks. The base of the SWECS shall be set back from all lot lines by a distance at least equal to one and a half times the height of the system.

      (3)   Clearance. Rotor blades on SWECS must maintain at least 24 feet of clearance between their lowest point and the ground.

      (4)   Compliance with FAA regulations. SWECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

      (5)   Appearance. Towers and rotor blades for small wind energy systems shall maintain such finish or be painted in such manner as to conform the tower color and appearance to the surrounding environment to reduce visual obtrusiveness. No such tower shall have any signage, writing, or pictures that may be construed as advertising placed on it at any time. In addition, no flags, streamers, or decorative items shall be attached to a small wind energy system tower or turbine.

      (6)   Removal of nonfunctional or abandoned SWECS.

Any small wind energy system which is nonfunctional or abandoned for a continuous period of six months shall be repaired and placed back in operation by the owner or operated, or else the same shall be removed.

   K.   Processing of cheese, milk, ice cream, and similar items; excluding retail sales on premises.

   L.   Wine making or processing; excluding wineries with banquet rooms, catering, restaurants, or food sales, tasting rooms accommodating more than 25 patrons providing on-site parking is provided, or having more than 150 square feet used for the purpose of retail sales. Special events allowed only in accordance with an approved Temporary Site Plan.

   M.   Small outdoor scrap yards in A-I and C-A districts only; provided said scrap yards in accordance with an approved Temporary Site Plan. Temporary site plan shall include all necessary dimensions which shall limit the total storage area for all scrap piles to no more than 200 square feet in size and no more than 6 feet in height. A 6-feet tall opaque fence shall be provided to effectively screen all scrap piles from adjacent homes, residential zoning districts and the public right-of-way. The property owner is responsible for obtaining and complying with all necessary federal, state, and local permit requirements.

   N.   Beekeeping and apiaries.

6.   Site Development Regulations. The following minimum requirements shall be observed, subject to modifications contained in Section 55.29 of this chapter.

BULK REGULATIONS
Regulator	A-1	C-A	A-R
Minimum Lots Area1	3 acres	1	3 acres
Minimum Lot Width1 Dwellings Other Permitted Uses	150 feet 200 feet	- 150 feet	150 feet 200 feet
Maximum Density Per 40-acre aliquot tract	4 buildable parcels	-	-
Minimum Front Yard1 Dwellings Other Permitted Uses	35 feet 35 feet	- 50 feet	35 feet 35 feet
Minimum Rear Yard1 Dwellings Other Permitted Uses      Accessory Structures	25 feet 25 feet 4 feet	- 50 feet 4 feet	25 feet 25 feet 4 feet
Minimum Side Yard 1 Dwellings, each side Other uses, adj to “A”,“M” Other uses , adj to “R”, “C”      Accessory Structures	15 feet 15 feet 15 feet 4 feet	- 50 feet 100 feet 4 feet	15 feet 15 feet 15 feet 4 feet
Maximum Height Principal Structure Accessory structure	No limitation No limitation	40 feet 30 feet	35 feet 25 feet
Maximum Number of Stories  Principal Structure Accessory structure	No limitation No limitation	3 stories 2 stories	3 stories 2 stories
Key: - = not applicable Note: 1. Bulk regulation minimum requirements are based on “net” areas or distances, exclusive of public rights-of-way or private street easements.

 

7.   Additional Requirements.

   A.   Foundations. A permanent foundation is required for all principal buildings.

   B.   Land Division and Subdivision. No parcel of land, or residual parcel of land, shall be created following adoption of this chapter by means of division, subdivision, adjustment, or combination that does not meet the requirements of this Zoning Ordinance.

   C.   Existing Parcels. Any parcel of land created and recorded prior to adoption of this chapter shall not be considered as a buildable lot or parcel until a determination is made by the Zoning Administrator in accordance with Section 55.29 of this chapter.

   D.   Street Frontage. Street frontage to either a public or private street shall be provided as required by Section 55.12 of this chapter. Private ingress/egress easements or similar access easements shall not be accepted in lieu of street frontage for building purposes. Front yard depth shall be measured from the right-of-way line.

   E.   Flag Lots. Flag lots may not be permitted for building purposes in agricultural zoning districts unless there exists a unique and demonstrable need based upon topography or similar existing conditions. Flag lots shall only be created via a Plat of Survey or a Plat of Subdivision and said plat must be approved by the Zoning Administrator prior to recording.

   F.   Off-Street Parking and Loading. Off-street parking and loading shall be as required by Sections 55.21 and 55.22 of this chapter.

   G.   Signs. All signs shall be as permitted and limited by Section 55.20 of this chapter.

   H.   Site Plans. A Site Plan shall be required for all uses except farms, single-family residential and duplex residential uses in accordance with Section 55.30 of this chapter.