(A) Generally. The standards of this section apply to all special uses set out in § 156.C.003, Use Table.
(B) Permit required. A special use permit is required for:
(1) All land uses identified as a special use (S) in either Table 156.C.003-1, Use Table; or
(2) A land use that is being proposed to be transferred from a nonconforming use to another nonconforming use per § 156.K.007, Conversion of Nonconformities.
(C) Review and approval.
(1) Standards. In the review of special use permit applications, the Zoning Administrator, the Plan and Zoning Commission, and the Board of Adjustment shall utilize the following standards:
(a) Surrounding properties. The proposed special use will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties;
(b) Hours of operation and site improvements. Provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided;
(c) Public services. Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) must be available without the reduction of services to any existing uses;
(d) Nuisance. If, in the opinion of Plan and Zoning Commission or Board of Adjustment, the special use becomes a nuisance, the special use permit may be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit.
(e) Design features. The proposed use will incorporate design features to sufficiently protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and building placement; and
(f) Compatibility. The proposed use is compatible with adjacent existing uses. Compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse environmental impacts, including noise and lighting, or other undesirable conditions.
(2) Conditional approval. The Board of Adjustment may require additional conditions beyond the general standards listed in division (C)(1) of this section, to reasonably mitigate any adverse impacts upon surrounding properties in the zoning district of the property for which the special use is requested.
(D) Standards for residential uses.
(1) Manufactured home park.
(a) Area and dimensional regulations. The area and dimensional regulations in Table 156.C.005-1, Manufactured Home Park Development Standards.
Manufactured Home Park Development Standards | |||||||||
Manufactured Home Type | Min. Site Area | Min. Lot Area per Dwelling | Min. Lot Width | Min. Lot Depth | Min. Front Setback | Min. Street Side Setback | Min. Side Setback | Min. Rear Setback | Max. Height |
Single-Wide | 10 acres | 5,500 sf. | 55 ft. | 80 ft. | 4 ft. | 14 ft. | 14 ft. | 10 ft. | 1 story /15 ft. |
Double-Wide | 10 acres | 6,000 sf. | 60 ft. | 80 ft. | 4 ft. | 14 ft. | 14 ft. | 10 ft. | 1 story /15 ft. |
(b) Buffering and open space. The manufactured home park shall be surrounded by a Type C bufferyard, in accordance with § 156.F.004, Buffering, along all street frontages and along all other park perimeter property lines. This space shall be in addition to the space required for each manufactured home site and shall not be used for other park facilities, recreation area, accessory storage structures, or parking areas. The park shall include a minimum of 8% of the site dedicated to open space with shade trees and ground cover with tree maintenance in wooded portions. Continued maintenance of the open area and its planting shall be the responsibility of the property owner or operator of the park.
(c) Manufactured home space. All manufactured homes shall be placed in a designed manufactured home space and shall not obstruct the use of or project over, any driveway, walkway, or public utility easement.
(d) Accessory buildings. Private accessory buildings may be located in the rear yard of a manufactured home space and set back a minimum of five feet from any lot line and shall not exceed ten feet in height. Accessory buildings, porches, decks, awnings, or canopies shall be located at least five feet from the boundaries of the individual manufactured home site.
(e) Skirting. All manufactured homes shall be completely skirted with materials approved by the Zoning Administrator.
(f) Emergency shelter. All manufactured home parks shall have a structure to provide shelter from tornadoes and other weather-related storms. This structure shall either have a basement or shall itself be underground for storm protection. This structure shall be required to have a minimum occupancy ratio of seven square feet of floor area per each individual lot in the manufactured home park.
(g) Signs. One main identification sign shall be permitted with an area not to exceed 48 square feet and six feet in height. Freestanding signs must be set back a minimum of ten feet from any property line.
(h) Other regulations.
1. Number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, and no manufactured home site space shall be designed for direct access to a street outside the boundaries of the park. Interior access drives shall be properly lighted, with right-of-way at least 50 feet in width that acts as a public utility easement, and paved in accordance with City Engineering and Fire Access standards.
2. At least one off-street parking space shall be provided on each manufactured home site, and, in addition, one off-street space shall be provided per manufactured home in other locations convenient to groups of homes. No parking shall be permitted on the street. A special area shall be designed for accessory storage of boats and boat trailers, campers and other recreational vehicles. All required parking shall be clearly defined in accordance with § 156.E.003, Parking Design.
(2) Boarding or rooming house. Boarding or rooming houses that existed as of the effective date of this Zoning Ordinance shall be:
(a) Registered with the State of Iowa and shall have submitted occupancy reports to the Department of Inspections and Appeals, in accordance with I.C.A. Chapter 135O, Boarding Homes;
(b) In full compliance with § 152.024, Rooming House, Boarding House, Dormitory Rooms and Other Rooming Units of the city's Code of Ordinances and all applicable building and fire codes of the city, as amended from time to time;
(c) Subject to the city's rental registration and inspection program;
(d) Responsible for making an application for a special use permit as set forth in § 156.J.003, Legislative Review Procedures, which requires that the boarding home:
1. Has not more than six occupants;
2. Has sleeping rooms that have no less than 50 square feet per person for multiple occupancy or 70 square feet of floor space per sleeping room for single occupancy;
3. Has on-site staff supervision if there are three or more occupants.
(3) Halfway houses and ex-offender rehabilitation services. A halfway house or ex-offender rehabilitation is prohibited within 750 feet of any other such business, any school, place of public assembly, library, public park, public playground, or areas zoned or used for residential use.
(E) Standards for public and institutional uses.
(1) Day care uses (adult and child).
(a) Street access. In the RR, RL, and RM zoning districts, the facility shall be located on and have access to a public street.
(b) Outdoor activities. Outdoor activities and activity areas, including play lots, shall be:
1. Located a minimum of 25 feet from any residentially used lot line or separated by a Type A Bufferyard, in accordance with § 156.F.004, Buffering; and
2. Completely secured and enclosed by a fence.
(c) Internal circulation. Internal traffic circulation patterns are established and signed so that:
1. Dedicated client drop-off and pick-up areas are safe for clients leaving and re-entering vehicles the site and so that vehicle stacking does not impede traffic on- or off-site; and
2. A bus, if applicable, can drop-off and pick-up clients in designated areas and is able to either turn around within the drop-off area or alternatively re-access the street via a circular drive.
(2) Cemetery, columbarium, mausoleum, or memorial park.
(a) Location. A mausoleum structure shall be separated from a residential use by a Type C Bufferyard, in accordance with § 156.F.004, Buffering.
(b) Design. The site shall be located on and have access to a public street.
(c) Existing cemeteries. Nothing in this division shall be construed to make an existing cemetery a nonconforming use with respect to the requirements of this Zoning Ordinance.
(F) Standards for commercial uses.
(1) Adult entertainment businesses.
(a) Establishment. The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business, the addition of such business activity to that of any other business, or a conversion of an existing business location to any of the uses and activities herein described and defined.
(b) Expansion. It shall also include any addition to or expansion of an existing adult entertainment business that causes said business to occupy over 20% more space than before such addition or expansion.
(c) Location and operation.
1. No person shall cause or permit the establishment of any adult entertainment business as herein defined within 750 feet of any other such business, any school, place of public assembly, library, public park, public playground, or areas zoned or used for residential use.
2. Measurement shall be taken on a direct line from the property line of such adult entertainment business to the property line of such other business, school, place of public assembly, library, public park, public playground, or area zoned or used for residential use.
3. All building openings, entries, windows and the like shall be constructed, located, covered, or screened in such a manner as to prevent a view of display areas from, or a view into the interior of the adult entertainment business from, any pedestrian sidewalk, walkway, street, or other public or semi-public areas.
4. Any adult entertainment business in existence on the effective date of this chapter that does not comply with the minimum separation requirements defined in division (F)(1)(c)1. and (F)(1)(c)2. of this section, may be continued as a nonconforming. Such nonconforming use shall not be expanded, extended, or altered with regard to the land area, building, or structure involved in such use. The provisions of division (F)(1)(c)3. of this section shall apply to all adult entertainment businesses, including said nonconforming uses, upon adoption of this chapter.
(2) Commercial parking.
(a) Generally. The use shall comply with applicable requirements of Article E, Parking, Loading, and Stacking.
(b) Surface parking.
1. The use shall be separated from a residential use by a Type B bufferyard, in accordance with § 156.F.004, Buffering.
2. The location of ingress and egress shall minimize traffic congestion and the effect of headlights on residential uses.
(c) Structured parking.
1. Structured parking is prohibited in the AG, RR, RL, and RM residential zoning districts.
2. Structured parking design standards in § 156.E.003, Parking Design.
(G) Heavy industrial uses. All uses in the heavy industrial use category shall:
(1) Employ the best practical disposal of refuse matter or water-carried waste;
(2) Effectively control obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisances;
(3) Locate and screen, fence, and landscape with a Type C Bufferyard as set out in § 156.F.004, Buffering, all outdoor storage of equipment not intended for over-the-road or rail use, supplies or materials intended for refabrication, waste materials, industrial by-products, or items intended for junkyards. The property owner may appeal to the Board of Adjustment relating to any requested relief of this requirement; and
(4) New and expanding structures used for the principal heavy industrial activity are subject to review under the special use permit standards and additional setbacks from any district zoned AG, RR, RL, RM, RH, MU, UC, GC, PI, and REC districts may be required.
(H) Standard for solar panel arrays (principal use).
(1) Solar panel array (principal use). Solar panel arrays installed as a utility-scale solar energy system and as the principal use shall conform to all height, setback, and landscaping requirements within the underlying district. The following additional standards apply to all solar panel arrays as a principle use:
(a) Prohibited. Concentrating solar power (CSP) systems shall be prohibited.
(b) Site plan. A site plan shall be submitted to the Zoning Administrator demonstrating compliance with:
1. Setback and height limitations as established in the underlying zoning district;
2. Applicable zoning district requirements such as landscape surface area ratio; and
3. Applicable solar requirements per this section.
(c) Compliance. Solar arrays installed as utility-scale solar energy system installations shall comply with applicable local, state, and federal regulations.
(d) Building code compliant. All solar panel array systems shall be compliant with all currently adopted building codes.
(e) Stormwater management. Solar panel arrays shall be considered pervious and therefore shall be exempt from the calculation of the landscape surface ratio requirements in the underlying zoning district. The support or mounting posts, footings, impervious driveway surfaces, parking areas, and buildings on the site shall count toward the coverage requirements.
(f) Solar glare. Solar panel arrays that use concentrator technologies and have not incorporated antiglare measures into the system or installation shall be placed in areas so that the concentrated solar glare shall not be directed onto inhabited adjacent properties or roadways.
(g) 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.
(h) 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 division (H)(1)(k) below.
(i) Signs. Signs shall comply with Article G (Signs).
(k) Decommissioning plan.
1. The applicant shall submit a decommissioning plan signed by the party responsible for decommissioning and the landowner addressing the following with the permit application.
A. Defined conditions upon which decommissioning will be initiated (e.g. end of land lease, no power production for 12 months, etc.).
B. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.
C. Restoration of property to the condition prior to the development of the utility-scale solar panel array system.
D. The timeframe for completion of decommissioning activities.
E. Description of any agreement (e.g. lease) with the landowner regarding decommissioning.
F. The party currently responsible for decommissioning.
G. Plans for updating this decommissioning plan.
(Ord. 15039, passed 4-11-2022; Ord. 15085, passed 7-8-2024)