On a corner lot in a residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and 10 feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of intersection of right-of-way lines.

   Notwithstanding other provisions of the Zoning Code, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that:

   1.   In a residential district, no fence, wall, or hedge in any front yard shall exceed 48 inches in height; and no fence, wall, or hedge shall exceed 48 inches in height along the street side yard of a corner lot with the following exception: for corner lots that abut the major streets outlined in Subsection 7, a six-foot tall fence may be constructed in the front yard along the street side of the major street if setback 15 feet from the property line of the major street. Said six-foot-tall fence shall not extend any closer to the minor street than the rear wall line of the home. The landscaping requirements of Subsection 6 apply to the area between the fence and right-of-way along the major street or highway for the length of the fence. (See Figure N).

Figure N

   2.   No fence or wall in any rear yard shall exceed six feet in height in a residential district, or 10 feet in height in a commercial or industrial district unless otherwise approved by the Board of Adjustment.

   3.   Every fence hereafter erected shall be done in the following manner: posts, supporting rails, and other such supporting elements when located shall be on and face the property on which the fence is located.

   4.   No person shall place, construct, or maintain, or cause to be placed, constructed, or maintained any electric fence.

   5.   No person shall place, construct, or maintain, or cause to be placed, constructed, or maintained any barbed wire or similar type material fence on residential zoned property.

   6.   On “through lots,” also known as “double frontage lots,” within a subdivision or plat of survey recorded after February 7, 2003 (but not corner lots), no fence shall be closer than 15 feet from the major street or highway right-of-way. The yard between the major street or highway right-of-way and the 15-foot setback shall include one hardwood deciduous tree (Ash: “Autumn Purple,” Green [seedless]; Maple: Crimson King, Norway, Sugar; Oak: Burr, English, Northern Red) and three shrubs for every 25 linear feet, or major fraction thereof, of lot width along the major street or highway. The trees shall be at least one and one-half inch caliper and the shrubs shall be at least 18 to 24 inches in height. The property owner is required to maintain the plantings and replace them as necessary with approved materials from the list above. Whenever practical, existing trees and shrubs should be preserved and incorporated into the overall design. This section does not replace the screening requirements for commercial and industrial properties. (See Figure L).

Figure L

   7.   The following streets are considered major streets or highways used in correlation with Subsections 1 and 6:

      A.   Adventureland Drive NE and NW.

      B.   8 th Street SE and SW.

      C.   Edwin W. Skinner Parkway SE and SW.

      D.   36 th Street SE and SW.

      E.   1 st Avenue North and South.

      F.   14 th Avenue SE and NE.

      G.   17 th Avenue SW and NW.

      H.   34 th Avenue SW and NW.

   No lot shall contain any building used, in whole or in part, for residence purposes unless such lot abuts for at least 40 feet on at least one street, and there shall be not more than one single-family dwelling for such frontage. The Council may also allow, at its own discretion, the construction of a building to be used, in whole or in part, for residence purposes on a lot which has an exclusive unobstructed private easement of access at least 20 feet wide to a street, for one single-family dwelling, if the Council determines that such construction is not in conflict with the intent of the Zoning Code.

   No accessory building shall be erected in any required court or in any yard other than a rear yard (for corner lots, see Figure M). Only one detached garage and one yard shed shall be allowed in a rear yard (this is not to be construed as not allowing gazebos, greenhouses, shelters, and “children’s playhouses,” as long as the total aggregate building area does not exceed 30 percent of the rear yard). In A-1, R-1, R-2, and R-4 Zoned Districts and for one- and two-family dwelling lots in an R-3 and R-5 Zoning District, accessory garages shall be no larger than 1,000 square feet and yard sheds shall not be larger than 160 square feet. Accessory buildings shall be distant at least three feet from alley lines, or lot lines of adjoining lots. However, in no case shall any eave or overhang extend closer than 12 inches to a rear or side yard line and no accessory structures, except those permitted pursuant to the provisions of Section 167.02 shall be permitted to be constructed, placed, located, or built in or on any easement. On “through lots,” also known as “double frontage lots,” within a subdivision plat or plat of survey recorded after February 7, 2003 (but not corner lots), no accessory buildings shall be closer than 18 feet from the major street or highway right-of-way. (See Figure L). Accessory buildings must be erected separately from and six feet distant (into rear yard) from the principle structure except in R-4 Districts where accessory building shall be no closer than four feet to the principal structure providing they meet all applicable fire and building codes as adopted. Any building so connected to the principal building shall be considered a part of the principal building and must meet the space requirements thereof. Accessory buildings shall not occupy more than 30 percent of the rear yard and shall not exceed 14 feet in height in any R District. This regulation shall not be interpreted to prohibit the construction of a minimum 440-square foot, detached garage on a rear yard. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the principal building on the lot is also being used. Accessory buildings exceeding 160 square feet in area shall be constructed of materials that are the same or similar to the principal building. Accessory buildings may be connected to the principal building by a breezeway with setbacks for the principal structure. An addition may be made to an existing principal structure which extends past the front of an existing legally established detached accessory structure, provided no connection or attachment is made between the existing detached structure and the addition unless setbacks can be met as required for a principal structure. Exception: Those properties located along the east side of 26 th Avenue SW between 10 th Street SW and 17 th Street SW shall be allowed to place accessory structures in the easements (recorded Bk 5099 Page 518 and Book 2246 page 409) located in the rear yard, if all of the following conditions are being met:

   1.   The property owner has obtained an encroachment agreement from the owner of the easement, and

   2.   The property owner provides a copy of the encroachment agreement to the City, and

   3.   The accessory structure is located as indicated on the encroachment agreement, and

   4.   The accessory structure meets all of the other provisions listed within this section

   For corner lots platted after the effective date of the Zoning Code, the street side yard shall be equal in width to the setback regulations of the lots to the rear having frontage on the intersecting street.

   Whenever the plat of a land subdivision approved by the Planning and Zoning Commission and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in the Zoning Code unless specific yard requirements in the Zoning Code require a greater setback.

   1.   Structures Permitted Above Height Limit. No permit will be issued for any structure above height limits, except as specifically approved by the Board of Adjustment.

   2.   Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.

   3.   Rear and Side Yards Adjacent to Alleys - How Computed. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half of the alley width may be included as a portion of the rear or side yard as the case may be.

   4.   Other Exceptions to Yard Requirements. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for the following:

      A.   Projections not exceeding 24 inches except for:

         (1)   Yards with a five-foot setback requirement no projection shall be permitted except for a roof overhang not exceeding 24 inches. This includes decks and stairs that are not considered accessory structures.

      B.   Decks that serve the principle structure; not constructed per the requirements for accessory structures and that have a walking surface over 36 inches above grade shall be permitted to encroach into the rear yard a maximum distance of 10 feet on properties with a platted rear yard of 25 feet or more.

      C.   Structures built over a deck or patio in a rear yard that have at least 65 percent of the space between roof joists that are clear, open, and unobstructed to the sky may encroach a maximum distance of 10 feet on properties with a platted rear yard of 25 feet or more. If openings are less than 65 percent of the space between roof joists, then the structure shall be considered a roof and must meet the setback distances of that for the primary structure. A membrane covered frame structure, meaning a building or structure that is non-pressurized, movable, and not permanently secured and is comprised of a rigid framework to support a tensioned membrane which provides a weather barrier, is exempt from this requirement.

Notwithstanding the provisions noted above, no part of any structure or building shall encroach into a recorded easement.

   5.   Billboards. No permit will be issued for any billboards except as specifically approved by the Council.

   6.   Front Yard Exceptions. In areas where some lots are developed with a front yard that is less than the minimum required for the district by this Zoning Code or where some lots have been developed with a front yard greater than required by the Zoning Code, the following rule shall apply. Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of 200 feet measured from building to building, except as follows:

      A.   Buildings located entirely on the rear half of a lot shall not be counted.

      B.   No residential dwelling shall be required to have a front yard greater than 50 feet.

      C.   If no building exists on one side of a lot within 200 feet of the lot in question, the minimum front yard shall be the same as the building on the other side.

   7.   Zoning of Annexed Areas. Any land annexed to the City after the effective date of the Zoning Code shall be zoned A-1 Agricultural until the Planning and Zoning Commission and Council shall have studied the area and adopted a final zoning plan for the area. Said final zoning plan shall be adopted within six months of the date of annexation.

   8.   Single-family, Semi-attached. Single-family, semi-attached dwellings are permitted only under the following terms and conditions:

      A.   A single-family, semi-attached dwelling is a building designed for or occupied by one family only and which is erected on a separate lot and is joined to another such residence on one side only by a wall located on the lot line and has yards on the remaining sides. The joining wall must be a party wall and must be a fire wall.

      B.   Must have an R-2 or R-3 zoning.

      C.   The lot width requirement where approved by plat approval by the Council shall be 40 feet.

      D.   Each unit must have its own water service, sewer service, and secondary storm sewer service.

      E.   The joining wall must be a party wall and must be a fire wall having a one-hour rating.

      F.   The lot setback requirement shall be 35 feet.

   In a C or M District, in connection with every building, or part thereof, hereafter erected having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, data center, or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space.

   1.   Each loading space shall be not less than 10 feet in width, 25 feet in length.

   2.   Such space may occupy all or any part of any required yard or court space.

   In all districts, in connection with every industrial, business, institutional, recreational, or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:

   1.   Automobile sales and service garages - one space per 200 square feet of gross floor area.

   2.   Business and professional offices - one space per 200 square feet of gross floor area.

   3.   Bowling alleys - five spaces for each alley, plus one space per 300 square feet of gross floor area used for purposes other than alley space.

   4.   Schools:

      A.   One space for each eight seats in a principal auditorium.

      B.   When no auditorium is involved, one space for every two employees.

   5.   Convenience stores - one space per 150 square feet of gross floor area.

   6.   Dance halls, assembly halls - one space for each 100 square feet of floor area used for dancing or assembly.

   7.   Dwellings:

      A.   Single-family dwelling - two parking spaces accessible to the street;

      B.   Duplex family dwelling - four parking spaces accessible to the street;

      C.   Multi-family dwelling - for each one-bedroom unit - one and one-half parking spaces; for each two bedroom unit, or larger - two parking spaces.

   8.   Funeral homes, mortuaries - one parking space for each five seats in the principal auditorium.

   9.   Hotels and motels - one space for each room to be rented, plus additional space (in accordance with other sections of this chapter) for restaurant or other facilities.

   10.   Medical or dental clinic - five spaces for each staff doctor or dentist.

   11.   Restaurants, bars, or nightclubs:

      A.   No substantial carry-out or delivery service, no drive-in service, no service or consumption outside fully enclosed structure allowed - one space per 100 square feet of gross floor area;

      B.   Carry-out and delivery service, drive-in service, service or consumption outside fully enclosed structure allowed - one space per 100 square feet of gross floor area plus, one space for every four outside seats, plus reservoir lane capacity equal to five spaces per drive-in window.

   12.   Hospitals - two spaces per bed or one space per 150 square feet of gross floor area, whichever is greater.

   13.   Nursing care institutions - three spaces for every five beds. Multi-family units developed or sponsored by a public or nonprofit agency for limited income families, or the elderly require only one space per unit.

   14.   Movie theaters - one space for every four seats.

   15.   Social, fraternal clubs, lodges, and similar uses - one space per 300 square feet of gross floor area.

   16.   Churches - one space for every 80 square feet of worship area, plus one space for every two employees with sufficient space for safe and convenient loading and unloading.

   17.   Banks - one space per 200 square feet of area within main building, plus reservoir land capacity equal to five spaces per window (10 spaces if window serves two stations).

   18.   Wholesale - one space per 400 square feet of gross floor area.

   19.   Retail sales and rental of goods, merchandise, and equipment:

      A.   No storage or display of goods outside fully enclosed building: one space per 200 square feet of gross floor area.

      B.   Low volume traffic with no storage or display of goods outside fully enclosed building - one space per 400 square feet of gross floor area.

      C.   Storage and display of goods outside fully enclosed building allowed:

         (1)   High volume traffic generation - one space per 200 square feet of gross floor area.

         (2)   Low volume traffic generation - one space per 400 square feet of gross floor area.

      D.   For projects in the C-7 Zoning District for which a site plan approval has been issued allowing at least 275,000 square feet of gross floor area, four and one-half parking spaces per 1,000 square feet of Gross Leaseable Area (GLA). For purposes of determining allowable parking spaces hereunder, the term “Gross Leasable Area” (“GLA”) shall mean the gross floor area, exclusive of food court and other service and common areas.

   20.   Manufacturing plants, testing laboratories, bottling plants - one space for each one and one-half plant employees, plus one space for each managerial person, plus one visitor parking space for each 10 managerial personnel or one space for each 500 square feet of gross floor area used for manufacturing, whichever is greater.

   21.   Warehousing - one space per employee.

   22.   Sports arenas and auditoriums other than in schools - one space for each six seats.

   23.   Car wash - one space per employee, plus one space for manager plus space equaling five times the vehicle capacity of the wash.

   24.   Dry cleaner or Laundromat - one space per 200 square feet of gross floor area.

   25.   Nursery schools or daycare centers - one space per employee, plus one and a half spaces per 10 clients, plus one space per van.

   26.   Commercial greenhouse operation - one space per 200 square feet of gross floor area.

      A.   Office area - one space per 200 square feet of gross floor area.

      B.   Data storage - one space per employee (excluding office area employees).

In case of any building, structure, or premises, the use of which is not specifically mentioned herein, requirements for a use which is so mentioned and to which said use is similar shall apply. In cases not specifically covered, the City Administrator is authorized to determine the parking requirements using a similar use as a guide.

   All proposed off-street parking, including commercial parking lots and automobile, trailer, or other vehicular sales lots, in conjunction with any multi-family residential, commercial, industrial, public, or semi-public land use, whether such use is existing or proposed, shall meet all of the required development standards set forth in this section:

   1.   No part of any parking space shall be closer than three feet to any established street right-of-way or alley line. In case the parking lot adjoins an R District, it shall be set back at least 15 feet from the R District boundary and shall be effectively screen planted by any one or approved combination of the following options:

      A.   A buffer yard of 15 feet in width; a six-foot high masonry wall to be designed with face brick, stucco, or similar finished surface facing toward the residential district; or

      B.   A buffer yard of 35 feet or more in width; four-foot high earth berm or opaque wood fence; and four overstory trees, six understory trees, six coniferous trees, and 15 shrubs for each 100 lineal feet.

   The buffer yard shall be located on the entire common perimeter of the contrasting uses, and extend to the lot lines. No part of any required buffer shall be used for parking, storage, loading, active recreation, locating refuse containers or similar activity which may create a nuisance. Where a residentially zoned area has been subdivided, the developer of a vacant commercial property shall be responsible for providing the buffer; where commercial buildings exist or are under construction, the developer of a vacant residential area shall provide the buffer.

   2.   Any off-street parking area, including any commercial parking lot, shall be surfaced with an asphaltic or Portland cement binder pavement.

   3.   Any lighting used to illuminate any off-street parking area, including any commercial parking lots, shall be so arranged as to reflect the light away from adjoining premises in any R District.

   4.   Off-street parking areas may be established in any R District that immediately joins a C or M District, or is directly across an alley from a C or M District, provided such parking shall be accessory to and for use of one or more business or industrial establishments located in the adjoining C or M District; provided, however, that such transitional use shall not extend more than 100 feet from the boundary of the less restricted zone.

   5.   Where the Zoning Code and regulations specify parking space, that space size shall be determined in accordance with the layout criteria and the table of standard dimensions † 13 . Handicapped stalls shall be provided as required by the Code of Iowa. The spaces shall be delineated to define their boundaries exclusive of driveway and access drive areas, except for one- and two-family dwelling units, and shall be shown as part of the parking lot plan on the site plan drawing.

   6.   Where a parking area does not abut a public or private alley or easement of access, there shall be provided a permanently surfaced drive, not less than eight feet in width in case of a dwelling and not less than 16 feet in width in all other cases, leading to the loading or unloading spaces and parking or storage areas required under the provisions of this chapter in such manner as to secure the most appropriate development of the property in question; provided, however, such easement of access or access drive shall not be located in any residence district, except where serving a permitted use in a residence district.

   7.   When visible from a public street or land zoned for residential use, the interior of such parking areas shall be developed as follows:

      A.   Not less than five percent shall be landscaped and continuously maintained.

      B.   Planting along the perimeter of the parking area, whether required for screening or general beautification will not be considered as part of the five percent interior landscaping.

   8.   Parking spaces required shall be provided with bumper guards, raised curbing, or equivalent, also lines marking stalls.

   9.   All commercial or industrial driveways installed, altered, changed, replaced, or extended after April 17, 1989, shall meet the following requirements:

      A.   Islands between successive driveway openings shall be a minimum of 12 feet with six feet between the driveway opening and the lot lines. All distances are to be measured at the right-of-way line.

      B.   Openings for vehicular ingress and egress shall not exceed 35 feet at the street line and 45 feet at the curb.

      C.   Vehicular entrances and exits to drive-in theaters, banks, and restaurants, motels, funeral homes, vehicular sales, service, washing and repair stations, garages, or public parking lots shall not be less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter, or other place of public assembly.

   10.   Lots directly abutting arterial streets shall not exceed one drive access onto each such arterial street except as provided below. Common drives between adjacent landowners shall be encouraged in lieu of individual drives, recommended to be located with the common property line as the centerline of the drive and required to be located a minimum of 40 feet from any other drive as measured from centerline to centerline. Where such common drive is provided and joint access easements to parking areas are provided, required parking spaces on each lot may be reduced in number by up to five percent.

   11.   Maintenance of parking lots:

      A.   All parking areas shall be paved and maintained in a dust-free condition at all times.

      B.   If nonconforming (rock, gravel, grass, etc.), the parking lot must be kept in a dust-free condition. (See Section 166.03).

   Any parabolic, spiracle, or other shaped structure used for, or intended to be used for, reception of satellite transmissions, shall meet all of the required development standards set forth in this section:

      A.   General placement diagram.

      B.   Manufacturer’s specifications.

      C.   Wind stress information.

   2.   No portion of an antenna array shall extend beyond the property lines or into any front yard area, with the exception that any building mounted dish antennae, 24 inches in diameter or less, may be located on any side of a structure.

   3.   A maximum dish antenna height of 20 feet for freestanding dish antennae.

   4.   To support dish antenna exceeding 24 inches in diameter, a three to seven square foot concrete base must be provided.

   5.   Dish antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is a cul-de-sac or corner lot where the side yard is larger than the rear yard in which case a permit may be requested for a side yard antenna location.

   6.   Dish antennas shall not be located in any required setback area.

   7.   Dish antennas exceeding 24 inches in diameter shall not be permitted on the roof unless engineering is provided for structural or wind load.

   8.   Every antenna must be adequately grounded per manufacturer’s recommendation.

   9.   The dish antenna, including any guy wires, anchors, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets.

   10.   The dish antenna shall be removed upon the termination or revocation of the permit. The permit shall terminate on the sale or transfer of ownership of the property by the applicant.

   11.   All dish antennas shall be maintained in good condition and in accordance with all requirements of this section.

   12.   All dish antennas shall be subject to periodic re-inspection. No additions, changes, or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the Building Code.

   13.   The applicant shall present documentation of the possession of any required license by any federal, State, or local agency.

   14.   The owner of such a structure shall assume complete liability in case of personal or property damage.

   15.   Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the City.

   16.   A Conditional Use Permit must be issued for any dish antenna exceeding six feet in diameter, prior to issuance of a building permit by the City Building Inspection Department.

   Any freestanding communication tower located in any district shall meet all of the required development standards set forth in this section:

   1.   Prior to issuing a building permit, the following must be on file with the City Building Inspection Department:

      A.   General placement diagram.

      B.   Manufacturer’s specifications.

      C.   Wind stress information.

   2.   Maximum tower height to be 70 feet from tip to ground level with an additional 25 feet for mast and antenna. Antenna and mast on the tower must conform to sound engineering practices. Guy wires are to be installed per manufacturer’s recommendations on applicable models, with a minimum quantity of three guy wires.

   3.   Guy wire supports and anchors are to be located one foot inside property boundaries or utility easement, and of design to conform to current methods recommended by manufacturer’s specifications or other applicable requirements.

   4.   The tower is to be mounted on a concrete pad twice the cross-sectional area of the largest section. A minimum of four-square feet is required and three feet deep. If the tower is to be installed in concrete, a gravel or sand sub-layer is to be under the pad with the tower resting in this for drainage. Where the tower goes through the concrete, a sealing substance (e.g., tar) is to be applied. If the manufacturer’s recommendations are more strenuous, they are to be followed.

   5.   An anti-climbing apparatus is to be installed to prevent unauthorized ascension on all communication towers except all band vertical antennas.

   6.   Tower to be the height plus five feet angular distance from base to overhead lines or permanent neighboring domicile. Exception: Towers with guy wires that are rated for collapsible distance, the collapsible distance plus five feet may be used.

   7.   If the tower is located near a recreation area, shelter buildings will be considered as permanent domiciles.

   8.   Each location is permitted one tower over 20 feet, with a limit of two additional communication towers 20 feet or less.

   9.   All towers shall be erected or maintained to the rear of the main building, except in those instances when the subject property is a cul-de-sac or corner lot where the side yard is larger than the rear yard in which case a permit may be requested for a side yard tower location.

   10.   The tower is to be grounded per manufacturer’s recommendation.

   11.   The transmission lines must meet municipal requirements on installation.

   12.   If property dimensions permit taller towers, an exception can be obtained from the Board of Adjustment on the overall dimensions, if applicable clearances are still met.

   13.   The freestanding communication tower, including any guy wires, anchors, supporting structures, and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets.

   14.   The freestanding communication tower shall be removed upon the termination or revocation of the permit. The permit shall terminate on the sale or transfer of ownership of the property by the applicant.

   15.   All freestanding communication tower shall be maintained in good condition and in accordance with all requirements of this section.

   16.   All freestanding communication tower shall be subject to periodic re-inspection. No additions, changes, or modifications shall be made to an antenna, unless the addition, change, or modification is in conformity with the Building Code.

   17.   The applicant shall present documentation of the possession of any required license by any federal, State, or local agency.

   18.   The owner of such a structure shall assume complete liability in case of personal or property damage.

   19.   Failure to abide by and faithfully comply with this section, or with any and all conditions that may be attached to the granting of any building permit, shall constitute grounds for the revocation of the permit by the City.

   Any building supported communication tower located in any district shall meet all of the required development standards set forth in this section:

   1.   Prior to issuing a building permit, the following must be on file with the City Building Inspection Department:

      A.   General placement diagram.

      B.   Manufacturer’s specifications.

      C.   Wind stress information.

   2.   Towers and antenna may not be more than 30 feet above the utmost point of building contact with an additional 25 feet for multiple antenna connections.

   3.   The tower is to be strapped at least every five feet to said building or per manufacturer’s instructions. The tripod type is to be attached via connection to the building’s main structures.

   4.   An anti-climbing apparatus is to be installed to prevent unauthorized ascension on all communication towers, except all band vertical antennas.

   5.   The tower is to be grounded per manufacturer’s recommendations.

   6.   There is to be an angular clearance of communication tower height from tip to top building support, plus 15 feet to any neighboring domicile, overhead lines, or buildings and shelter buildings located on recreational facilities.

   7.   Only two radio communication support towers per residential location, with only one located per building side. They may not be located in the front yard.

   8.   Transmission lines must meet municipal requirements on installation.

   9.   The building supported communication tower, including any guy wires, anchors, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets.

   10.   The building supported communication tower shall be removed upon the termination or revocation of the permit. The permit shall terminate on the sale or transfer of ownership of the property by the applicant.

   11.   All building supported communication tower shall be maintained in good condition and in accordance with all requirements of this section.

   12.   All building supported communication tower shall be subject to periodic re-inspection. No additions, changes, or modifications shall be made to an antenna, unless the addition, change, or modification is in conformity with the Building Code.

   13.   The applicant shall present documentation of the possession of any required license by any federal, State, or local agency.

   14.   The owner of such a structure shall assume complete liability in case of personal or property damage.

   15.   Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the City.

   The intent of this section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety, and welfare of the community. The City finds these regulations are necessary to ensure that Small Wind Energy Conversion Systems are appropriately designed, sited, and installed.

   1.   Definitions.

      A.   “Height, total system” means the height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors.

      B.   “Lot” or “Parcel” means any legally established lot or parcel which contains or could contain a permitted or permitted conditional principal use as provided by Chapter 167.

      C.   “Off grid” means an electrical system that is not connected to utility distribution and transmission facilities or to any building or structure that is connected.

      D.   “Shadow flicker” means changing light intensity caused by sunlight through the moving blades of a wind energy conversion system.

      E.   “Small Wind Energy Conversion System” (SWECS) means a wind energy conversion system which has a nameplate rated capacity of up 15 kilowatts for residential uses and districts and up to 100 kilowatts for commercial, and industrial districts and which is incidental and subordinate to a principal use on the same parcel. A system is considered a SWECS only if it supplies electrical power solely for use by the owner on the site, 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 by the owner for on-site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended from time to time.

      F.   “Small Wind Energy Conversion System, Building Mounted” means a SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fastened to the principal building.

      G.   “Small Wind Energy Conversion System, Free Standing” means a SWECS which is elevated by means of a monopole tower only and is not located on another supporting structure, except that the tower shall have an appropriately constructed concrete base. Guyed, lattice, or other non-monopole style towers shall not meet this definition.

      H.   “Small Wind Energy Conversion System, Horizontal Axis” means a Small Wind Energy Conversion System that has blades which rotate through a horizontal plane.

      I.   “Small Wind Energy Conversion System, Vertical Axis” means a Small Wind Energy Conversion System that has blades which rotate through a vertical plane.

      J.   “Tower” means the vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

      K.   “Wind Energy Conversion System” (WECS) means an aggregation of parts including the foundation, 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.

      L.   “Wind turbine generator” means the component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy.

   2.   General Regulations.

      A.   Conditional Use. A Small Wind Energy Conversion System (SWECS) shall be allowed only as a conditional use accessory use to a permitted principal use or approved permitted conditional use principal use.

      B.   Zoning. SWECS may be allowed in all zoning districts subject to the provisions contained herein and elsewhere within Code.

      C.   Permit Required. It shall be unlawful to construct, erect, install, alter, or locate any SWECS within the City, unless a permitted Conditional Use Permit has been obtained from the Board of Adjustment. The permitted Conditional Use Permit may be revoked by resolution of the Board of Adjustment any time the approved system does not comply with the rules set forth in this section and the conditions imposed by the Board of Adjustment. The owner or operator of the SWECS must also obtain any other permits required by other federal, State, and local agencies or departments prior to constructing the system.

      D.   Number of Systems per Zoning Lot.

         (1)   Residential Use. No more than one freestanding SWECS may be placed on any parcel or lot zoned for residential use. Building mounted SWECS shall be prohibited on any parcel or lot containing a one or two-family use.

         (2)   Commercial, Industrial, and Institutional Use. No more than one freestanding SWECS may be placed on any parcel or lot with a commercial, industrial, or institutional use that is taller than the tallest existing principal building located on said parcel or lot. Additional freestanding SWECS which conform to setback requirements contained herein and which are no taller than the tallest existing principal building located on said parcel or lot may be allowed. Additional building mounted SWECS may be allowed within the parameters herein below. However, in no case shall the generating capacity of aggregated SWECS exceed anticipated energy needs for on-site consumption.

         (3)   Mixed Use. Any building containing both residential and commercial uses or described as a “Mixed Use” building, shall be considered to be a commercial use for the purposes of this section.

      E.   Tower. Only monopole towers shall be permitted for freestanding SWECS.

         Lattice, guyed, or towers of any other type shall not be considered to be in compliance with this section.

      F.   Color. Freestanding SWECS shall be a neutral color such as white, sky blue, or light gray. Building mounted SWECS shall match the color of the building on which it is mounted. Other colors may be allowed at the discretion of the Board of Adjustment. The surface shall be non-reflective.

      G.   Lighting. No lights shall be installed on the tower, unless required to meet FAA regulations.

      H.   Signage. No signage or advertising of any kind shall be permitted on the tower or any associated structures, except for warning signs addressed in Subparagraph Q.

      I.   Climbing Apparatus. The tower must be designed to prevent climbing within the first 10 feet.

      J.   Maintenance. Facilities shall be well maintained in accordance with manufacturer’s specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this section or elsewhere within the Code. Noise generated due to wear shall deem the SWECS nonfunctional and inoperative and subject to removal.

      K.   Displacement of Parking Prohibited. The location of the SWECS shall not result in the net loss of required parking as specified elsewhere in the Zoning Code.

      L.   Utility Notification. The City shall notify the utility of receipt of an application to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this notification requirement.

      M.   Interconnection. The SWECS, if not off-grid, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board. No permit of any kind shall be issued until the City has been provided with a copy of an executed interconnection agreement. Off-grid systems shall be exempt from this requirement.

      N.   Restriction On Use of Electricity Generated. A SWECS shall be used exclusively to supply electrical power to the owner for on-site consumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as may be subsequently amended.

      O.   Noise. A SWECS shall be designed, installed, and operated so that the noise generated does not exceed 55 decibels (dBA), as measured at the nearest neighboring property line, except during short-term events including utility outages and severe wind storms.

      P.   Shadow Flicker. No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure.

      Q.   Safety Controls. Each SWECS shall be equipped with both an automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid. Warning signs shall be posted where clearly visible to warn of electrical and other hazards associated with the SWECS.

      R.   Shut Off. A clearly marked and easily accessible shut off for the wind turbine will be required as determined by the Building Official.

      S.   Electromagnetic Interference. All SWECS shall be designed and constructed so as not to cause radio and television interference. If it is determined that the SWECS is causing electromagnetic interference, the owner or operator shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, subject to the approval of the appropriate City authority. A permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident.

      T.   Wind Access Easements. The enactment of this section does not constitute the granting of an easement by the City. The SWECS owner or operator shall have the sole responsibility to acquire any covenants, easements, or similar documentation to assure or protect access to sufficient wind as may or may not be necessary to operate the SWECS.

      U.   Insurance. The owner or operator of a SWECS must demonstrate and maintain liability insurance of not less than $1,000,000.00 coverage.

      V.   Engineer Certification. Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by a State licensed professional engineer shall also be submitted. Once construction is completed, a State licensed professional engineer shall inspect and provide certification of operation to the City, which verifies proper installation, operation, and function of the structure and all components, including electrical components and connections.

      W.   Installation. Installation must be done according to manufacturer’s recommendations. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards.

      X.   Removal. If the SWECS remains nonfunctional or inoperative for a continuous period of six months, the system shall be deemed to be abandoned. The SWECS owner or operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure, transmission equipment, and fencing from the property excluding foundations. Non-function or lack of operation may be proven by reports from the interconnected utility. For off-grid systems, the City shall have the right to enter the property, at its sole discretion, to determine if the off-grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner or operator, and successors, shall make available to the Director of Community Development all reports to and from the purchaser of energy from the SWECS if requested. If removal of towers and appurtenant facilities is required, the Director of Community Development shall notify the SWECS owner or operator. Removal shall be completed within 90 days of written notice to remove being provided to the owner or operator by the City.

      Y.   Right of Entrance. As a condition of approval of a Conditional Use Permit an applicant seeking to install SWECS shall be required to sign a petition and waiver agreement which shall be recorded and run with the land granting permission to the City to enter the property to remove the SWECS pursuant to the terms of approval and to assure compliance with the other conditions set forth in the permit. Removal shall be at the expense of the owner or operator and the cost may be assessed against the property.

      Z.   Feasibility Study. It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least three months.

   3.   Bulk Regulations.

      A.   Setbacks.

         (1)   The minimum distance between any freestanding SWECS and any property line shall be a distance that is equivalent to 150 percent of the total system height. The setback shall be measured from the property line to the point of the SWECS closest to the property line.

         (2)   The required setback for any building mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached at such time that the application to install a building mounted SWECS is received by the City.

         (1)   For lots of more than one and fewer than three acres, the maximum height shall be 65 feet.

         (2)   For lots of three to seven acres, the maximum height shall be 80 feet.

         (3)   For lots of more than seven acres, the maximum height shall be 100 feet.

         (4)   Building mounted SWECS may be a maximum of 10 feet higher than the point of attachment to the building on which they are attached.

      C.   Minimum Lot Size.

         (1)   The minimum lot size for a freestanding SWECS shall be one acre.

         (2)   The minimum lot size for a building mounted SWECS shall be one acre for any building mounted SWECS to be mounted on a building of less than five stories in height.

         (3)   There shall be no minimum lot size for building mounted SWECS to be mounted on buildings of five or more stories in height.

      D.   Clearance of Blade. No portion of a horizontal axis SWECS blade shall extend within 30 feet of the ground. No portion of a vertical axis SWECS shall extend within 10 feet of the ground. No blades may extend over parking areas, driveways, or sidewalks. No blade may extend within 20 feet of the nearest tree, structure, or above ground utility facilities.

      E.   Location.

         (1)   No part of a SWECS shall be located within or over drainage, utility, or other established easements.

         (2)   A freestanding SWECS shall be located entirely in the rear yard.

         (3)   A SWECS shall be located in compliance with the guidelines of applicable Federal Aviation Administration (FAA) regulations as amended from time to time.

         (4)   No SWECS shall be constructed so that any part thereof can extend within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet.

         (5)   Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure.

   4.   Application Required. Application for SWECS shall be made on forms provided by the City. No action may be taken regarding requests for SWECS until completed applications have been filed and fees paid.

   1.   The home occupation complies with the lot size, bulk regulations, and parking requirements of the zoning district in which the home occupation is located.

   2.   The only permitted home occupations are:

      A.   Homebound employment of physically, mentally, or emotionally handicapped persons who are unable to work away from home by reason of their disabilities.

      B.   Office facilities for salespeople, sales representatives, and manufacturer’s representatives when no retail or wholesale sales are made or transacted on the premises.

      C.   Studio or laboratory of an artist, musician, craftsman, writer, tailor, seamstress, or similar person, provided that the existence of the home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation is generated.

      D.   Daycare facilities, provided that no more than six children are on the premises at any time.

   3.   Home occupations shall meet the following requirements:

      A.   No persons other than a member of the immediate family occupying such dwelling shall be employed.

      B.   The home occupation shall be conducted only within the enclosed living area of the dwelling unit provided that not more than one-fourth of the area of one floor shall be used for such purposes.

      C.   In no way shall the appearance of the structure be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noise, or vibrations.

   4.   In addition to the requirements of the zoning district in which it is located, all home occupations shall comply with the following restrictions:

      A.   No stock in trade shall be displayed or sold on the premises.

      B.   There shall be no outdoor storage of equipment or materials used in the home occupation.

      C.   No more than one vehicle shall be used in the conduct of the home occupation.

      D.   Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

      E.   There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

      F.   No home occupation shall be permitted which is noxious, offensive, or hazardous by reason of vehicular traffic, generation, or emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable emissions.

      G.   All home occupation requests must be presented in writing to the Building Department. If the home occupation has not been specifically identified by this section of the Zoning Code, the written request will be filed by the Building Department for referral to the Board of Adjustment, for its approval, before engaging in such business.

   These regulations are intended to prescribe the conditions under which limited duration locally grown agricultural and existing on-site commercial activities (e.g. truck gardens, Farmers Market, sidewalk sales, etc.) may be conducted. The intent is to allow the display and marketing of merchandise on a seasonal basis in an attractive manner to serve the desires of the general public, but prevent creation of any nuisance or annoyance to the occupants of adjacent buildings, premises or property, and the general public. It is also the intent to establish minimum standards for the operation of temporary uses in a manner that will provide for the health, safety, and welfare of the patrons, employees, the general public, etc., that may utilize or be affected by the establishment of the temporary use.

   1.   Application and Permit Processing. A Temporary Use Permit shall be required for all temporary uses listed in this section. A Temporary Use Permit must be issued prior to the commencement of any temporary use. The Director of Community Development may, from time to time, specify the form of the Temporary Use Permit application. Applications for said Temporary Use Permit shall be secured from the Director of Community Development in the manner prescribed by this section, who shall cause the application to be directed to all concerned City departments and divisions. Affected departments or divisions shall comment on the application. Temporary uses may be subject to additional permits, or inspections as required by any applicable law or regulation.

   2.   Prior Determination for Temporary Use Permit Approval. The Director of Community Development shall only approve an application for a Temporary Use Permit, if all of the following findings can be made:

      A.   The proposed temporary use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance.

      B.   The additional parking required by the temporary use will be provided on-site, if applicable, or adequate street parking is available in the immediate area.

      C.   Increased traffic caused by the temporary use will not adversely affect the surrounding neighborhood or City at large.

      D.   The proposed temporary use is consistent with all Comprehensive Plan, Municipal Code, and City and State regulations.

      A.   The following uses are eligible for a Temporary Use Permit, provided they meet the following criteria:

         (1)   Parking lot sales, sidewalk sales (private sidewalks only), and clearance sales used for the temporary extension of existing on-site sales.

         (2)   Truck gardens and stands used for the sale of locally grown agricultural products.

         (3)   Farmers Market.

      B.   Garage sales are exempt from these provisions, provided they do not occur any more frequently than one three-day event four times per calendar year. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zone, which is prohibited.

      C.   A “temporary use” may be defined as short-term or long-term. A “short-term” use shall be defined as those uses with a maximum duration of four consecutive days or less. A “long-term” use shall be defined as those uses with a duration of more than four consecutive days.

   4.   General Regulations. Each temporary use shall:

      A.   Be described in a permit thereby issued by the Director of Community Development prior to commencement of the sale. This permit shall be in addition to all other licenses, permits, or approvals otherwise required by any governmental entity.

         (1)   The number of additional parking spaces required, if any, and the location of such additional parking spaces, for the temporary activity shall be determined by the Director of Community Development. The number of permanent parking spaces allowed to be used under the short-term Temporary Use Permit shall be reviewed and determined by the Director of Community Development.

         (2)   The maximum number of permanent parking spaces allowed to be used for the operation of a long-term temporary use shall not exceed 20 percent of the parking on a site plan that was approved by the City to be counted toward the allowable size of the activity or 20 percent of the site area, whichever is more restrictive.

      B.   All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent rising of dust.

      C.   All sites shall be completely cleaned of debris and temporary structures including, but not limited to: trash receptacles, signs, stands, poles, electric wiring, or any other fixtures and appurtenances or equipment connected therewith, within five days after the termination of the sale or special event.

      D.   No area of public right-of-way may be used without obtaining approval from the Director of Community Development, Police Chief, Fire Chief, and Director of Community Services.

      E.   Proof of ownership, or a signed letter from either the property owner or their authorized representative, for the property on which the activity is to take place, shall be presented at the time the temporary permit is requested.

      F.   All temporary structures, including, but not limited to, greenhouses, trailers, mobile homes, etc., shall conform to the zoning setback requirements or as directed by staff. Tents under 300 square feet may be allowed within the front yard setback subject to approval of the Director of Community Development.

      G.   Multiple concurrent temporary uses on the same property shall be prohibited.

   5.   Specific Requirements.

      A.   Lot and Sidewalk Commercial Activities.

         (1)   Permitted zone locations - all commercial districts.

         (2)   Maximum duration - four consecutive days, not to exceed four events in a 12-month period.

         (3)   Setbacks - all merchandise, trucks, trailers, etc. shall be setback a minimum of 35 feet from all property lines.

         (4)   Area of operation - the area of the operation shall not exceed 800 square feet and no dimension shall exceed 40 linear feet.

         (5)   Transient merchants - transient merchants shall be subject to the licensing requirements of Chapter 122. Said license shall be secured prior to issuance of a Temporary Use Permit.

         (6)   Sale of fireworks are allowed in a tent as a temporary extension of inside sales only. Area of operation (sales tent and storage) is limited to the same 800 square feet combined, but does not include the roped off safety area. Storage to be separated from sales area by at least 75 feet.

      B.   Agricultural Produce Truck Gardens and Stands.

         (1)   Permitted Zone Locations - any zoning district.

         (2)   Termination - all vehicles, produce, tents, stands and displays shall be removed at the end of each day.

         (3)   Setbacks - tents, truck gardens, and stands shall be setback a minimum of 35 feet from the front property lines.

         (4)   Area of operation - the area of the operation shall not exceed 800 square feet and no dimension shall exceed 40 linear feet.

         (5)   Permits are good for 60 calendar days. Up to two permits may be issued in the same calendar year.

         (6)   Permits under this section cost $100.00 each.

      C.   Farmers Market.

         (1)   Permitted zone locations - any zoning district.

         (2)   Area of operation - allowed on public right-of-way and streets with approval from the Council.

         (3)   Subject to conditions as may be placed upon it by the Council.

         (4)   Maximum duration - approved by Council.

   6.   Use of Tents and Canopies. Tents and canopies may be used, provided they comply with Paragraphs A through E of this subsection as listed below:

      A.   Permit Required. The application for a permit shall include the following information:

         (1)   Plot plan showing exact location of the tent or canopy and traffic circulation when located in a parking lot. Adjacent parking areas must also be shown.

         (2)   Size of the tent.

         (3)   Fire Retardency Certificate.

         (4)   Dates and time of use.

      B.   Fire Protection and existing requirements - tents and canopies of any size shall conform in all respects with the International Fire Code as adopted by the City.

      C.   Anchorage - tents and canopies shall be allowed if well anchored in the opinion of the Building Department, so that they resist the wind loads as specified in Section 1609, Wind Loads, of the International Building Code as adopted by the City. Tents and canopies must be taken down each day at the end of business if part of a truck garden or agricultural produce stand.

      D.   Location - the location of tents and canopies shall be in accordance with the International Fire Code and in a location where they do not impair visibility at intersections.

      E.   Size - tents and canopies shall be limited to 800 square feet in area.

   7.   Conditions of Approval. The Director of Community Development may impose such conditions on a Temporary Use Permit as is necessary to meet the purposes of this chapter and protect the public health, safety, and welfare and adjacent uses. Conditions which may be imposed may include, but are not limited to:

      A.   Yard setback and open space requirements.

      B.   Parking.

      C.   Fences, walls, or other screening.

      D.   Signs.

      E.   Vehicular and pedestrian ingress and egress.

      F.   Property maintenance during the course of the activity.

      G.   Control of illumination, noise, odor, vibration, or other nuisances.

      H.   Hours of operations.

   8.   Fees. The application fee for a Temporary Use Permit shall be $20.00 payable each year of operation.

   9.   Violations and Penalties. The operation of a temporary use is a privilege allowed by this chapter. Failure to maintain a temporary use in compliance with the conditions of approval and the regulations of this chapter may be punished as set forth in Chapter 3. A written notice of a violation of the Temporary Use Permit shall be sent to the operator of the temporary use and the property owner, if different than the operator, and the operator shall have a minimum of five days and a maximum of 10 days, as determined by the Director of Community Development, to bring the site into compliance. If the operator fails to correct the violation in the prescribed time, the City may revoke the Temporary Use Permit and issue a cease-and-desist order for the temporary use. There shall also be a one-year moratorium from that date on the issuance of any other Temporary Use Permits on the property and a one-year probationary period for the second year following the violation. During the probationary period, if the operator of a temporary use fails to maintain the premises and the use in conformance with the conditions of approval and this Code of Ordinances, after the notification procedures noted above, the City may revoke the Temporary Use Permit and no other Temporary Use Permits shall be issued on for the property for a period of two years.

   1.   Exceptions.

      A.   Residential swimming pools shall be surrounded by a four-foot high non-climbable barrier.

      B.   Spas or hot tubs with a safety cover which complies with ASTM F1346-91 shall be exempt from the listed provisions.