55.27 INDUSTRIAL ZONING DISTRICT REGULATIONS (M-1, M-2).

The industrially zoned districts are intended to provide for manufacturing processes of various intensities needed on a local, State or national level while promoting the quality of life, health, and general welfare desired by the citizens of the County, all consistent with the Comprehensive Plan.

1.   Industrial Districts.

   A.   M-1 Light Industrial District. The M-1 district is intended to reserve sites appropriate for the location of industrial uses of a light industrial nature with relatively limited environmental effects. No residential uses are permitted except farm dwellings in area used for agriculture, and except for owner or night watchman’s residence.

   B.   M-2 Heavy Industrial District. The M-2 district is intended to accommodate a wide variety of heavy industrial uses, some of which may have significant external effects. These uses may have operating characteristics that create conflicts with lower-intensity surrounding land uses. No residential uses are permitted except farm dwellings in area used for agriculture, and except for owner or night watchman’s residence.

2.   Principal Permitted Uses. Principal permitted uses for industrial districts are as follows:

PRINCIPAL PERMITTED USES	M-1	M-2
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
Agriculture - Animal Production feed lots, poultry farms or hog confinements	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
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	P
Agriculture – Commercial grain elevator, custom cleaning and grain drying facilities		SUP
Agriculture – Farm equipment repair such as blacksmith, welding, mechanical repair and related services.	P	P
Agriculture – Tiling contractor storage and repair facilities, including incidental supplies and equipment.	P	P
Agriculture – Sale barns, with restrictions.	SUP	SUP
Agriculture – Sales of feed, seed, fertilizer and agricultural chemicals except ammonia.	P	P
Agriculture – Storage and pumping facilities for anhydrous ammonia.	SUP	SUP
Agriculture – Animal hospital, veterinary clinics, kennels.	PR	PR
Agriculture – Wineries including accessory uses such as wine sales, banquet rooms, catering and food sales and vineyards	P	P
Agriculture – Abattoirs, slaughter houses, meat packing and processing plants and stockyards, and distillation of bones.		SUP
Automobile assembly and major repair	P	P
Automotive - gas or filling stations	PR	PR
Automotive - Convenience stores, including gas and food sales	PR	PR
Automotive - tire and auto accessory store.	P	P
Automotive - public parking lots and garages.	P	P
Automotive - service and repair garages.	P	P
Automotive - car wash.	P	P
Automotive - automobile, trailer, mobile home, and farm implement establishments for display, hire, sales, and repair, including sales lots; but excluding automobile, tractor, machinery, or similar wrecking and used parts yards.	P	P
Business Banks, loan offices, and Financial Institutions,	P	P
Business - Professional and commercial offices.	P	P
Business – Travel bureaus, real estate office and similar agencies	P	P
Cemetery – Crematory, if located not less than 200 feet from any “R” district	P	P
Civic - Private Clubs, lodges, youth centers or veterans organizations, including those holding a beer permit or liquor license.	P	P
Clothing – Apparel shops and clothing accessory shops for items such as handbags, hosiery, hair accessories.	P	P
Clothing – Clothing repair shops including tailors	P	P
Clothing – Furriers	P	P
Clothing – Costume rental shops	P	P
Clothing – Shoe sales or repair shops	P	P
Clothing – Hat sales, cleaning or repair shops	P	P
Clothing, Laundry – Bag, carpet, and rug cleaning; provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.	P	P
Clothing, Laundry – Commercial laundry, dry cleaning or dyeing	PR	PR
Clothing, Laundry – Laundromats , dry cleaning pickup stations, diaper services	P	P
Commercial Entertainment Adult entertainment business	SUP	SUP
Commercial Entertainment – Amusement Parks	P	P
Commercial Entertainment – Bowling alleys	P	P
Commercial Entertainment – Billiard Hall	P	P
Commercial Entertainment – Theaters, indoor only	P	P
Commercial Entertainment – Theaters, outdoor	P	P
Commercial Entertainment – Ball fields, soccer fields, swimming pools, skating parks, golf driving ranges or similar recreational uses and facilities	P	P
Food – Meat markets, butcher shops	P	P
Food – Drug stores	P	P
Food – Restaurants, including sit-down restaurants, tea rooms, delicatessens, coffee shops, excluding drive-thrus	P	P
Food – Drive-thru restaurants and coffee shops	PR	PR
Food – Taverns or similar drinking establishments	P	P
Food – Milk and dairy stores and distribution stations, excluding processing	P	P
Food – Commercial Bakeries	PR	PR
Laboratories – experimental, film or testing	P	P
Manufacture of acids or wholesale storage of acid		SUP
Manufacture and repair of electric signs, advertising structures, light sheet metal products, and heating & ventilating equipment.	P	P
Manufacture of musical instruments, novelties and molded rubber products.	P	P
Manufacture of pottery or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or natural gas.	P	P
Manufacture or assembly of electrical appliances, instruments and devices.	P	P
Manufacturing creameries, bottle works, wholesale ice and ice cream plants, cold storage warehousing and distribution stations.	P	P
Manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood.	P	P
Manufacturing, distribution, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals, and food products, except fish and meat products, cereals, sauerkraut, vinegar, yeast, stock feed, flour, and the rendering or refining of fats and oils.	P	P
Manufacturing of fertilizer, gas or glue and fat rendering		SUP
Manufacture and storage of explosives		SUP
Metals - Blacksmith, welding, cooperage works or other metal shop including enameling, lacquering or painting with controlled emissions not causing noxious fumes or odors and excluding drop hammers and the like	P	P
Metals - Foundry casting lightweight non-ferrous metals or electric foundry, not causing noxious fumes or odors.	P	P
Mineral Extraction, sand & gravel pits, and smelting of ores.		SUP
Mineral smelting or reduction of ores or metallurgical products.		SUP
Petroleum or petroleum products refining		SUP
Printing and/or publishing houses	P	P
Personal Services – Beauty shops, barber shops	P	P
Personal Services – Cosmetics, manicure shops	P	P
Personal Services – Masseur salons, spas; excluding adult entertainment	P	P
Personal Services – Opticians and optical sales and repairs	P	P
Personal Services - Reducing Salons and fitness centers	P	P
Personal Services – Medical and Dental clinics	P	P
Retail – Bicycle sales and repair shops	P	P
Retail – Book stores	P	P
Retail – Bird or pet stores	P	P
Retail – Florist shops gift and card shops	P	P
Retail – Hardware, paint and wallpaper stores	P	P
Retail Commercial greenhouses	PR	PR
Retail – Toy shops	P	P
Retail – Variety stores, discount stores	P	P
Sawmill, planing mill, and manufacture of wood products not involving chemical treatment.	P	P
Trades Services – Carpenter, sheet metal and sign painting shops	PR	PR
Trades Services – Concrete mixing, concrete products manufacture, including cement, lime, gypsum or plaster of paris		SUP
Utilities – Utility pole mounted small wireless facility	PR	PR
Utility – Electrical substations, telephone exchanges, gas regulating stations	P	P
Utility – Microwave, radio, television and cellular telephone communication towers.	PR	PR
Utility – Utility Scale Solar Energy Systems	PR	PR
Utility – Wind Energy Conversion System (WCES)	SUP	SUP
Warehouse – Mini-storage facilities	P	P
Warehouse – Wholesale warehouse or business	P	P
Yards – Building material sales yards, retail lumber yards	P	P
Yards - Circus, carnival or similar transient enterprise, provided such structures or buildings shall be at least two hundred (200) feet from any “R” District.	P	P
Yards - Contractors’ equipment storage yard or plant, including hauling services, or rental of equipment commonly used by contractors.	P	P
Yards – flammable liquid storage yard, underground storage only, not to exceed 50,000 gallons	P	P
Yards – Salvage yards including auto wrecking and salvage, used parts sales and junk, iron, rag storage or bailing.		SUP
Yards – storage and wholesale distribution of grains	P	P
Yards – storage and sale of livestock, feed and/or fuel provided dust is effectively controlled.	P	P
Yards - Sanitary Landfill or transfer station.		SUP
Yards – garbage, offal or dead animal reduction or dumping		SUP
Yards – truck terminal yards	P	P
Other retail business or service establishments determined by the Zoning Administrator to be equivalent to the permitted uses listed above.	P	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 industrial zoning districts:

   A.   Adult Entertainment. It is the purpose of this subsection to regulate adult entertainment businesses to limit their inherent adverse impact in the community while at the same time permitting lawful businesses to conduct operations in the County. Because of their very nature, such businesses are recognized as having serious, objectionable operational characteristics which are magnified when located in close proximity to dwellings, churches, schools and parks. Special regulation of adult entertainment businesses is necessary to ensure these adverse effects will not contribute to the blighting or downgrading of surrounding areas. The Board further finds these regulations are necessary to protect the youth of this county from the objectionable operational characteristics of such businesses by restricting their location. The Board further finds these regulations are necessary to protect the health, safety and general welfare of all residents of the County.

      (1)   Establishment of adult entertainment businesses shall include the opening of such business as a new business, operation of such business at an existing location under new management or ownership, the relocation of such business, or the conversion of an existing business location to any of the uses defined in Section 55.04. Adult entertainment business shall be subject to the following restrictions and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions, limitations and prohibited activities or without an approved Special Use Permit.

      (2)   Limitations on Adult Entertainment Businesses. Adult entertainment businesses shall be subject to the following restrictions and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:

         a.   No adult entertainment business shall be open for business between the hours of 12:00 midnight and 6:00 a.m.

         b.   An adult entertainment business shall not be allowed within 500 feet of another existing adult entertainment business.

         c.   An adult entertainment business shall not be located within 500 feet of any residentially zoned district.

         d.   An adult entertainment business shall not be located within 1,000 feet of a pre-existing care center, school, private or public park, or church.

         e.   Measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, park or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.

      (3)   Prohibited Activities of Adult Entertainment Businesses.

         a.   No adult entertainment business shall employ any person under 18 years of age.

         b.   No adult entertainment business shall furnish merchandise or services to any person who is under 18 years of age.

         c.   No adult entertainment business shall be conducted in any manner that permits the observation of any model or any material depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associates, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in an activity of conduct in or about the premises which is prohibited by the chapter or any laws of the State.

         d.   No part of the interior or the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, trail, street or other public or semi-public area.

         e.   An adult entertainment business shall post a sign at the entrance of the premises which shall state the nature of the business and shall state that no one under the age of 18 years is allowed on the premises. This section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.

         f.   Except as hereinafter provided no person shall intentionally expose those part of his or her body herein listed to others in any public place, or in any place where such exposure is seen by another person or persons located in any public place: (i) a woman’s nipple, the areola thereof, or any portion of the female breast at or below the nipple thereof, except as necessary in the breast feeding of a baby; and (ii) the pubic hair, pubes, perineum, or anus of a male or female, the penis or scrotum of a male, or the vagina of a female, excepting such body parts of prepubescent infants of either sex.

      (4)   Special Use Permit. Adult entertainment businesses may be permitted subject to approval of a Special Use Permit in conformance with Section 55.37, provided further that applications for such permit shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan defining the areas to be developed for buildings and structures, the areas to be developed for parking, the locations of driveways and the points of ingress and egress, the location and height of walls, the location and type of landscaping, the location, size and number of signs and the manner of providing water supply and sewage treatment facilities.

   B.   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.

   C.   Animal Hospitals, Veterinary Clinic or Kennel. Such animal uses shall be permitted provided any structure or area used for such purpose shall be at least 200 feet from any “R” district boundary and 100 feet away from any “A-1” or A-R” district boundary.

   D.   Gas Stations and Convenience Stores.

      (1)   No gasoline filling station or a commercial customer or employee parking lot for 25 or more motor vehicles, or a parking garage or automobile repair shop shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the subject lot does not abut.

      (2)   Pump islands, light standards and related minor accessory equipment not involving repair work or servicing of vehicles other than for fuel, air, and water shall be permitted in the yard areas provided no gasoline pump or fuel dispensing equipment shall be located within 12 feet of any street right-of-way.

      (3)   No oil draining pit or appliance for such purpose shall be located within 25 feet of any “R” district boundary or street right-of-way line.

      (4)   On all corner lots, all vehicular entrances to, or exits from, and curb openings shall be set back a minimum of 150 feet from the projecting intersection of curb lines or edge of pavement and such openings shall not exceed 35 feet in width at the curb line or edge of pavement. There shall be a minimum of 20 feet of separation measured along the curb line between any series of driveways.

   E.   Drive-thru Restaurants. Drive-thru restaurants shall be permitted in any industrial district provided the drive-thru lanes provide sufficient space for vehicle queuing on the premises and provided all drive-thru lanes and associated menu boards and speaker systems are located at least 200 feet from any “R” district or “A-R” district.  

   F.   Outdoor Theaters. The screen for any drive-in movie theater or outdoor theater shall be so located as to not be visible from adjacent highways or streets. Sufficient driveway area shall be provided so that cars will not be waiting in line on any public right-of-way or otherwise create a hazard to vehicular movement.

   G.   Salvage Yards. Salvage yards shall be permitted in industrial districts, in accordance with a special use permit, provided no portion of the front yard is to be used for the conduct of business in any manner whatsoever except for parking of customer or employee vehicles. Any premises on which such activities are carried on shall be wholly enclosed within a building or by a wooden or masonry fence or wall not less than 6 feet in height and in which any openings or cracks are less than 15 percent of the total fence area.

   H.   Trade Services, Clothes, Bakeries, Cleaning/Dyeing, Lumber Yards, Greenhouses. No heating plant or ventilating flue in connection with any such commercial operations shall be within 50 feet of any “R” district.

   I.   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)   Solar 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.

   J.   Utility Scale Wind Energy Systems. Wind energy conversions systems (WCES) installed as a utility shall conform to the following:

      (1)   Site Plan A site plan shall be submitted and reviewed prior to approval of a WECS.

      (2)   Additional information. In addition to all submittal requirements of a site plan, the application for a WECS shall include the following information, supplied by the owner, operator, or contractor installing the structures: Plans and specifications from a registered professional engineer experienced in the design and/or analysis of wind towers. The plans and specifications shall include:

         a.   Number and location of towers.

         b.   Tower heights, and height from base to the highest point of the rotor.

         c.   Types of tower structure.

         d.   Types of materials.

         e.   Specification for materials used for structural elements of the towers.

         f.   Name of tower manufacturer.

         g.   Soils investigation.

      (3)   Site and Structure Requirements.

         a.   Location relative to property lines and adjoining residences. All structures in a wind farm, including guy wire anchors shall meet the most restrictive of the following provisions

            i.   Setback All structures in a wind farm, including guy wire anchors, shall be setback at least 1.5 times the tower height from the property lines.

            ii.   Separation distances. All structures in a wind farm shall be separated from a residential structure on adjoining property by at least 1,500 feet.

            iii.   Setbacks from Public Road Right of Way, rail right of way and power lines 1.5 times the tower height.

            iv.   Setbacks from all public conservation areas of 2,000 acre or more TWO miles; of all public ground of 2000 acres or less ONE mile.

            v.   Setbacks from all Corporate limits of ONE mile.

            vi.   Tower Setback, Freestanding Towers. Freestanding towers shall be located on the lot so that the distance from the base of the tower to any adjoining property line is a minimum of 1.5 times of the proposed tower height. Tower setback, guyed towers. Guy supported towers shall be located so that the distance from the base of the tower to any adjoining property line is a minimum of 100 percent of the effective tower height from its base.

            vii.   Multiple Towers. Multiple towers shall be spaced apart by at least 100 percent of the tower height.

      (4)   Compliance with FAA Regulations. Wind towers must comply with applicable Federal Aviation Administration regulations.

      (5)   Noise. Sound produced by any wind energy devices under normal operating conditions, as measured at the property line shall not produce sound at a level that would constitute a nuisance. Industry standards support that wind energy noise should not exceed 50dba at any adjacent residential structure.

      (6)   Lighting. No permanent lighting is allowed on towers except as required by the FCC or the FAA.

      (7)   Interference. Any signal interference complaints associated with wind farm towers or related equipment shall be addressed in accordance with FCC rules and procedures.

      (8)   Other Permits and Approvals. All necessary permits and approvals from the state utilities board and the Federal Energy Regulatory Commission shall be obtained.

      (9)   Avoidance and Mitigation of Damages to Public Infrastructure.

         a.   Roads. Applicants shall identify all roads to be used for the purpose of transporting wind tower components, substation parts, cement, and/or equipment for construction, operation or maintenance of the wind towers 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 wind towers.

         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 WECS.

            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.

   K.   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 feet (100') or one hundred percent (100%) of the height the tower, whichever is greater, from any residential zoned district or residential use property line.

   L.   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.

   M.   Permitted uses with restrictions shall not be permitted to be established or maintained in any industrial district which by reason of its nature or manner of operation is or may become hazardous, noxious, or offensive owning to the emission of odor, dust, smoke cinders, gas, fumes, noise, vibrations, refuse matter or water-carried waste.

   N.   Permitted uses with restrictions shall demonstrate said use will not have any detrimental impact on existing neighboring uses due to traffic congestion or parking needs.

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. Uses not permitted as a principal permitted use for that zoning district shall not be permitted as an accessory use except as specifically permitted herein. The following accessory uses are permitted in industrial zoning districts:

   A.   Customary accessory uses and structures incidental to permitted principal uses.

   B.   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.

   C.   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.

   D.   Private Solar Energy Systems.

      (1)   Ground-Mounted Solar Array. Ground-mounted solar array will 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.

         b.   Mounted in a way that does not extend more than 12 inches above or beyond the surface to which it is mounted.

   E.   Small Wind Energy Conversion System (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.

   E.   No more than one single family dwelling per parcel provided said dwelling is occupied by a night watchman or the owner of the industrial enterprise.

   F.   Beekeeping and apiaries; up to a maximum of four hives per acre and provided all hives are set back a minimum of 25 feet from property lines.

6.   Site Development Regulations. Dimensional requirements for industrial districts are as follows:

BULK REGULATIONS
Regulator	M-1	M-2
Minimum Lot Area	1 acre	1 acre
Minimum Lot Width	None	None
Minimum Front Yard Depth	50	50
Minimum Side Yard Depth Adjacent to “A” District Adjacent to “R” District Adjacent to “C” District Adjacent to “M” District Accessory Structures	75 100 10 10 4	75 100 10 10 4
Minimum Rear Yard Depth Accessory Structures	401,2 4	501,2 4
Maximum Height (in feet) Principal structures Accessory structures	50 25	None 25
Maximum Number of Stories Principal structures Accessory structures	3 2	None 2
Key: - = not applicable
1. Microwave, radio, television and cellular telephone communication towers may exceed the maximum height restrictions under an approved special use permit and provided all fall zone requirements are met. 2. No rear yard required where the rear of the property adjoins a railroad right-of-way.

 

7.   Additional Requirements.

   A.   Outdoor Storage. All permitted uses specified in subsection 2 shall be conducted wholly within a complete enclosed building except for parking, loading, and unloading facilities or outdoor storage areas. Outdoor storage shall be permitted only in locations designated for such use on an approved Site Plan. Outdoor storage shall be effectively screened from the public right-of-way and adjacent residential or commercial districts by continuous evergreen landscaping or opaque fence.

   B.   Uses Not Permitted. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious, or offensive owing to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibrations, refuse matter or water-carried waste.

   C.   IDNR Compliance. All facilities required for the discharge, collection, and treatment of liquid, solid or gaseous wastes shall be designed, constructed and operated in accordance with the regulations of the Iowa Department of Natural Resources (IDNR).

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

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

   F.   Existing Parcels. Any parcel of land created and recorded prior to adoption of this chapter without prior approval of the Zoning Administrator, or the Zoning Commission shall not be considered a buildable lot until a determination is made by the Zoning Administrator in accordance with Section 55.29 of this chapter.

   G.   Street Frontage. Street frontage to either a public or private street shall be provided as required by Section 55.12 of the chapter. Private ingress/egress easements or similar access easements shall not be accepted in lieu of street frontage unless approved as part of a Plat of Subdivision for a larger development.

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

   I.   Signs. All signs shall be as permitted and limited by Sections 55.20 of this chapter.

   J.   Site Plans. A Site Plan shall be required for all uses except farms in accordance with Section 55.30 of this chapter.

   K.   Exceptions and Modifications. See Section 55.29 of this chapter.