A.   Permitted As Accessory Uses; Restrictions: Home based businesses shall be permitted as accessory uses within principal residential dwellings, provided they meet the following provisions and the requirements of the district in which located. A home based business shall not be permitted that:

      1.   Changes the outside appearance of the dwelling or is visible from the street.

      2.   Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood.

      3.   Creates a hazard to person or property, results in electrical interference, or becomes a nuisance.

      4.   Results in outside storage or display of any kind.

      5.   Employs other than self or family members residing on the premises.

      6.   Occupies more than fifty percent (50%) of the total floor area of the dwelling unit.

      7.   Requires deliveries of materials to and from the premises involving the use of vehicles over two (2) ton capacity, except parcel post or similar parcel service vehicles.

      8.   Produces noise, vibration, smoke, odors, heat or glare as a result of a home based business which would exceed that normally produced by a single residence as determined by the city planner.

      9.   Advertises with a sign on site or off premises.

   B.   Customer And Client Contacts: Customer and client contact shall be primarily by telephone, mail, fax, e-mail, or website and not on the premises of the home based business, except those home based businesses such as tutoring, teaching, childcare or personal services which cannot be conducted without personal contact and as permitted in the following section.

   C.   Services Or Sales: Services or sales conducted on the premises shall be by appointment only and shall not be oriented toward, or attract, off the street customer or client traffic. (Ord. 52-09, 10-19-2009)

The following are permitted as home based businesses, provided such professional, business, or office activities are conducted in a manner that is clearly accessory and incidental to the residential use of the premises:

Adult day services (not including licensed adult daycare).

Art studio.

Cake decorating.

Ceramics.

Childcare (not including licensed childcare center).

Computer programming.

Consultant services.

Dressmaking, sewing and tailoring.

Film processing.

Home cooking and preserving.

Home crafts.

Home office.

Home products distributors.

Income tax preparations.

Insurance salespersons.

Mailing services.

Online business.

Painting, sculpting and writing.

Teaching or tutoring limited to four (4) persons at one time.

Telephone answering.

Typist/stenographer. (Ord. 52-09, 10-19-2009)

The following uses shall be specifically prohibited as home based businesses:

Antique/furniture refinishing for resale on the premises or as a service for the general public.

Automobile repair, except that an individual residing on the premises may service such individual's own vehicle, providing that the provisions of section 16-7-1-1 of this chapter are met and that no repairs shall take place between the hours of nine o'clock (9:00) P.M. to nine o'clock (9:00) A.M.

Barber and beauty shops.

Contractor's shop.

Recycling or salvage operations.

Small engine repair.

Welding services. (Ord. 52-09, 10-19-2009)

Any proposed home based businesses not specifically prohibited or that employ up to two (2) people who do not reside within the home herein shall be considered a conditional use and be granted or denied by the zoning board of adjustment upon finding that the proposed home based business can meet the provisions of this section 16-7-1. (Ord. 52-09, 10-19-2009)

The communications act of 1934, as amended by the telecommunications act of 1996 (act) grants the FCC exclusive jurisdiction over certain aspects of telecommunication services. This section 16-7-2 is intended to regulate towers, telecommunications facilities and antennas in the city in conformance with the act without prohibiting or tending to prohibit any person from providing wireless telecommunication service. (Ord. 52-09, 10-19-2009)

All terms in this section which are not specifically defined herein shall be construed in accordance with the communications act of 1934, the telecommunications act of 1996 and the rules and regulations of the FCC. As used in this section 16-7-2, the following terms shall have the following meanings:

ANSI: American National Standards Institute.

ACCESSORY FACILITY OR STRUCTURE: An accessory facility or structure serving or being used in conjunction with an antenna, and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, storage sheds or cabinets.

ANTENNA: Any exterior transmitting, reception or receiving device mounted on a tower, building or freestanding structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

ANTENNA ARRAY: A grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single wireless telecommunication provider.

ANTENNA SUPPORT STRUCTURE: Any structure other than a communications tower which can be used for supporting an antenna or antenna array attached to a host structure which does not extend more than thirty feet (30') above the highest point of the host structure.

COMMUNICATIONS TOWER: Any ground mounted structure that is designed, constructed and used for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers.

FAA: Federal aviation administration.

FCC: Federal communications commission.

HEIGHT: When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.

SATELLITE DISH ANTENNA: An antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.

STEALTH CONSTRUCTION: Any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof mounted antennas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles, power poles and trees.

SUPPORT FACILITIES: Support buildings, boxes, cabinets or similar structures containing electrical or mechanical equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

TELECOMMUNICATIONS: The transmission and/or reception of audio, video, data and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

TOWER HEIGHT: The distance measured from the grade level at the base of the tower to the highest point on the tower, including any antenna mounted on the tower. (Ord. 52-09, 10-19-2009)

   A.   Nonessential Services: Wireless telecommunication towers and antennas shall be regulated pursuant to this section 16-7-2 and not regulated as essential service, public utility or private utility.

   B.   Exclusions: The following shall be exempted from this title:

      1.   Fire, police, transportation or other public service facilities owned and operated by local governments.

      2.   Any facilities expressly exempt from the city's siting, building, and permitting authority.

      3.   Over the air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer end antennas that receive and transmit fixed wireless signals that are primarily used for reception.

      4.   Facilities exclusively for private, noncommercial radio and television reception and private citizens bands, licensed amateur radio and other similar noncommercial telecommunications.

      5.   Facilities exclusively for providing unlicensed spread spectrum technologies where the facility does not require a new tower. (Ord. 52-09, 10-19-2009)

   A.   No communication tower or associated support facilities shall be constructed, except in conformance with this section 16-7-2.

   B.   Guywires and other support facilities shall conform to the setback requirements for the underlying zoning district.

   C.   Communication towers are prohibited within POS districts.

   D.   Communication towers are prohibited within historic districts and within one thousand feet (1,000') of a historic district.

   E.   Communication towers are subject to the following bulk regulations:

 

 

   F.   Site plans for communication towers shall be submitted and reviewed as major site plans. Site plan applications shall be prepared to show all information currently required by the city, a list of which shall be available from the planning services department. (Ord. 52-09, 10-19-2009)

   G.   Processing of major site plans generally takes ten (10) to twenty one (21) days depending on the quality of the submitted site plan. Applicants shall be notified within thirty (30) days of filing a site plan if the application is incomplete. If the city of Dubuque has not approved, denied, or returned the application as incomplete within one hundred fifty (150) days, the application shall be deemed approved. (Ord. 25-13, 5-20-2013)

Antennas, and their essential support facilities, shall be allowed as a permitted use in any zoning district subject to the following:

   A.   A simple site plan shall be submitted for each antenna or antenna array providing the following information:

      1.   Mounting location of proposed antenna or antenna array on host structure.

      2.   Description of antenna or antenna array height and width, including a photo (if available) or other visual representation.

      3.   Proof of ownership of the proposed site or authorization to utilize it. (Ord. 52-09, 10-19-2009)

      4.   Processing of a simple site plan generally takes one to five (5) days depending on the quality of the submitted site plan. Applicants shall be notified within thirty (30) days of filing a site plan if the application is incomplete. If the city of Dubuque has not approved, denied, or returned the application as incomplete within ninety (90) days, the application shall be deemed approved. (Ord. 25-13, 5-20-2013)

   B.   The antenna does not extend more than thirty feet (30') above the highest point of the host structure.

   C.   Antennas may be mounted on nonresidential structures, including, but not limited to, existing towers, traffic signals, streetlights, water towers, billboards, telephone tower and emergency signal poles, bridges, and parking deck structures.

   D.   Antennas or antenna arrays shall comply with the maximum height requirement of the zoning district in which they are located. Applicants proposing an antenna higher than allowed by the zoning district in which it will be located may apply for a variance to the zoning board of adjustment.

   E.   No antenna or antenna array may, by virtue of this section 16-7-2, occupy, encroach or "overhang" any public right of way without the expressed approval of the city.

   F.   Each antenna installation shall require a separate building permit.

   G.   A building permit for the installation of an antenna in a historic district requires the prior issuance of a certificate of appropriateness from the historic preservation commission. (Ord. 52-09, 10-19-2009)

   H.   Modification of existing facilities, including collocation, removal and replacement of transmission equipment, that does not substantially change the physical dimensions of the existing facility, does not require submittal of a simple site plan. A building permit may be required. (Ord. 25-13, 5-20-2013)

   A.   An applicant proposing a communication tower that requires a conditional use permit for construction in the zoning district for which it is proposed shall submit all information currently required by the city, a list of which shall be available from the planning services department.

   B.   After receipt of an application for a conditional use permit, the planning services department shall schedule a public hearing before the zoning board of adjustment, following all statutory requirements for publication and notice, to consider such application. The zoning board of adjustment shall receive evidence on the conditional use permit. The zoning board of adjustment may approve the conditional use permit as requested in the pending application with any conditions or safeguards, including stealth construction, it deems reasonable and appropriate based upon the application and/or input received at the public hearings or deny the application. (Ord. 52-09, 10-19-2009)

All self-supporting lattice or guyed communication towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole communication towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure. (Ord. 52-09, 10-19-2009)

Communication towers not requiring FAA painting or marking shall have a neutral exterior finish which is compatible with adjacent land uses and reduces visual impact, subject to review and approval by the zoning board of adjustment as part of the application approval process. (Ord. 52-09, 10-19-2009)

All tracts of land on which communication towers, antenna support structures, support facilities and/or antennas are located shall be subject to the following landscaping requirements:

   A.   Support facilities and communication tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any support facilities from adjacent property or street. The plantings installed shall be of a size and species that can achieve a height of six feet (6') and seventy five percent (75%) opacity within three (3) growing seasons.

   B.   In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement may be reduced or waived by the city planner.

   C.   Existing mature tree growth and natural landforms on the property shall be preserved to the maximum extent possible. Natural growth around the property perimeter may be considered a sufficient buffer for a proposed tower and support facilities as determined by the city planner. (Ord. 52-09, 10-19-2009)

Towers shall not be illuminated unless required to conform to FAA or other governmental regulations. (Ord. 52-09, 10-19-2009)

   A.   All communication towers, antenna support structures, support facilities and antennas constructed or under construction on the date of approval of this regulation may continue in existence as a nonconforming structure and may be maintained or repaired without complying with any of the requirements of this section 16-7-2. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this section 16-7-2. Any modification or reconstruction of a tower, antenna support structure, support facilities and antennas constructed or under construction on the date of approval of this regulation shall be required to comply with the requirements of this section 16-7-2.

   B.   Communication towers, antenna support structures, support facilities and antennas constructed under authority of this section 16-7-2 shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public. (Ord. 52-09, 10-19-2009)

   A.   Support facilities shall be of a color and construction that is compatible with surrounding development.

   B.   Support facilities shall not be more than four hundred (400) square feet of gross floor area and more than twelve feet (12') in height.

   C.   Setbacks for support facilities shall be the same as the setbacks required for other structures in the zoning district in which they are located. (Ord. 52-09, 10-19-2009)

   A.   The operator of a communication tower shall provide the city with a copy of any notice submitted to the FCC stating their intent to cease operations. The operator or the landowner shall have ninety (90) days from the last date of operations to remove the tower and support facilities.

   B.   Any antenna or communication tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the operator of such antenna or tower or the landowner shall remove the same within ninety (90) days of notice from the city to remove the tower or antenna. A maximum of two (2) 12-month extensions may be granted by the city planner if the tower operator is actively seeking tenants for the tower.

   C.   If the operator or landowner of a tower fails, after notice, to remove the tower, the city shall begin the civil citation process. (Ord. 52-09, 10-19-2009)

Any existing communication tower or antenna which becomes nonconforming on the effective date hereof or becomes nonconforming at any future date shall be regulated according to the rules set forth in chapter 4 of this title, except as follows:

   A.   New antennas and support facilities may be mounted on a nonconforming communication tower.

   B.   A nonconforming communication tower within one thousand feet (1,000') of a historic preservation district shall be considered a legal nonconforming tower. As such, the tower may remain until it has been abandoned.

   C.   Should any lawful nonconforming communication tower be destroyed by any means to an extent of more than seventy five percent (75%) of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this section 16-7-2, provided that the destruction was caused by an accident or act of God occurring after the adoption of this section 16-7-2 and such reconstruction does not increase the degree of nonconformity that existed prior to destruction. (Ord. 52-09, 10-19-2009)

Satellite dish antennas may be permitted as accessory uses provided a site plan is submitted and approved in accordance with chapter 12 of this title.

   A.   Not more than one ground mounted dish shall be placed on any lot less than one-half (1/2) acre; and

   B.   Dishes shall not exceed ten feet (10') in diameter; and

   C.   Dishes shall be made of noncombustible and corrosive resistant material and erected in a secure, wind resistant manner according to the specifications of the building official; and

   D.   Dishes shall not be used as signs or billboards (on or off premises signs); and

   E.   Ground mounted dishes shall only be permitted in rear yards, except that on corner lots dishes shall be allowed in side yards; and

   F.   Roof mounted satellite dishes shall be allowed in all nonresidential districts provided that the additional requirements shall apply:

      1.   The height does not exceed the maximum height restrictions of buildings within the zoning district; and

      2.   The dish location is a minimum of five feet (5') from any property line; and

      3.   In lieu of a site plan a building elevation drawing shall be required to indicate compliance with height and setback regulations; and

      4.   Shall not exceed either ten feet (10') in diameter for circular shapes or forty (40) square feet for other than circular shapes. (Ord. 52-09, 10-19-2009)

In order to balance the need for clean, renewable energy resources and the necessity to protect the health, safety, sustainability and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately sited within the community. (Ord. 52-09, 10-19-2009)

For purposes of this section 16-7-3, the following terms shall have the meaning herein ascribed to them:

BUILDING MOUNTED WIND TURBINE (BMWT): A wind energy conversion system consisting of a wind turbine mounting system and associated control or conversion electronics and which is mounted to a building and intended to primarily reduce on site consumption of utility power.

COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS): An electrical generating facility comprised of one or more wind turbines and accessory facilities generating capacity, including, but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy generated will be used by a utility company for off site use.

FAA: Federal aviation administration.

FCC: Federal communications commission.

HUB HEIGHT: The distance from ground level as measured to the centerline of the rotor.

RESIDENTIAL WIND ENERGY CONVERSION SYSTEM (RWECS): A wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, and which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on site use, 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 for on site use may be used by the utility company.

ROTOR DIAMETER: The diameter of the circle described by the moving rotor blades.

SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which will be used primarily to reduce on site consumption of utility power.

TOTAL HEIGHT: The highest point, above ground level, reached by a rotor tip or any other part of the wind energy conversion system.

TOWER HEIGHT: The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the base, tower, generator, rotor, blades, supports, guywires 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.

WIND TURBINES: Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind. (Ord. 52-09, 10-19-2009)

   A.   Siting And Construction Requirements: The requirements for siting and construction of all residential wind energy conversion systems regulated by this section shall include the following:

      1.   Wind energy towers shall to the extent possible blend into the surrounding environment and architecture, including painting to reduce visual obtrusiveness. The city planner may require a photo of an RWECS system of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale (e.g., manufacturer's photo).

      2.   RWECS shall not be artificially lighted unless required by the FAA or appropriate authority.

      3.   No tower should have any sign, writing, or picture that may be construed as advertising.

      4.   RWECS shall not exceed sixty (60) decibels, as measured at the closest property line. The level, however, may be exceeded during short term events such as utility outages and/or severe windstorms.

      5.   An RWECS shall be located on a parcel that is at least one acre in size.

      6.   The applicant shall provide evidence that the proposed height of the RWECS does not exceed the height recommended by the manufacturer or distributor of the system.

      7.   The applicant will provide information demonstrating that the system will be used primarily to offset on site consumption of electricity.

      8.   The minimum distance between the ground and any protruding blades utilized on an RWECS shall be twenty feet (20'), as measured at the lowest point on the arc of the blades. The supporting tower shall also be enclosed with a six foot (6') tall fence or the base of the tower shall not be climbable for a distance of twelve feet (12').

   B.   Compliance With FAA Regulations: An RWECS must comply with applicable regulations of the FAA, including any necessary approvals for installations close to airports.

   C.   Compliance With International Building Code: Building permit applications for an RWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower base, and footings. An engineering analysis of the tower showing compliance with the international building code and certified by a professional engineer licensed in the state of Iowa shall also be submitted.

   D.   Compliance With National Electric Code: Building permit applications for an RWECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electric code. This information may be supplied by the manufacturer.

   E.   Modifications: The requirements for siting and construction of an RWECS may be modified by special exception in accordance with section 16-8-7 of this title. (Ord. 52-09, 10-19-2009)

   A.   Siting And Construction Requirements: The requirements for siting and construction of all small wind energy conversion systems regulated by this section shall include the following:

      1.   Small wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to match the finish on the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusion. The city planner may require a photo of an SWECS of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale (e.g., manufacturer's photo).

      2.   An SWECS shall not be artificially lighted unless required by FAA or appropriate authority.

      3.   No tower should have any sign, writing, or picture that may be construed as advertising.

      4.   An SWECS shall not exceed sixty (60) decibels, as measured at the closest property line. The level, however, may be exceeded during short term events such as utility outages and/or severe windstorms.

      5.   The applicant shall provide evidence that the proposed height of the SWECS tower does not exceed the height recommended by the manufacturer or distributor of the system.

      6.   The minimum distance between the ground and any protruding blades utilized on an SWECS shall be twenty feet (20'), as measured at the lowest point of the arc of the blades. No blades shall extend over parking areas, driveways or sidewalks. The supporting tower shall also be enclosed with a six foot (6') tall fence or the base of the tower shall not be climbable for a distance of twelve feet (12').

   B.   Compliance With FAA Regulations: An SWECS must comply with applicable regulations of the FAA, including any necessary approvals for installations close to airports.

   C.   Compliance With International Building Code: Building permit applications for an SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the international building code and certified by a licensed professional engineer shall also be submitted.

   D.   Compliance With National Electric Code: Building permit applications for an SWECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electric code. This information may be supplied by the manufacturer.

   E.   Modifications: The requirements for siting and construction of an SWECS may be modified by variance in accordance with section 16-8-6 of this title. (Ord. 52-09, 10-19-2009)

   A.   Siting And Construction Requirements And Application Information: A commercial wind energy conversion system shall be allowed only as a planned unit development district in accordance with section 16-5-24 of this title. The requirements and application information to be supplied for the siting and construction of all CWECS regulated by this section shall include the following:

      1.   The name(s) of project applicant.

      2.   The name of the project owner.

      3.   The legal description and address of the project.

      4.   A description of the project including number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid.

      5.   Site layout, including the location of property lines, wind turbines, feeder lines, and all related accessory structures. This site layout shall include distances and be drawn to scale.

      6.   Engineer's certification from an engineer certified by the state of Iowa.

      7.   Documentation of land ownership or legal control of the property.

      8.   The latitude and longitude of individual wind turbines.

      9.   A USGS topographical map, or map with similar data, of the property and surrounding area, including any other wind energy conversion system, within ten (10) rotor distances of the proposed CWECS not owned by the applicant.

      10.   Location of wetlands, scenic, and natural areas (including bluffs) within one thousand three hundred twenty feet (1,320') of the proposed CWECS.

      11.   An acoustical analysis that certifies that the noise requirements within this title can be met.

      12.   The applicant shall supply the emergency management agency and/or fire department with a basic emergency response plan.

      13.   FAA and FCC permit, if necessary. Applicant shall submit permit or evidence that the permit has been filed with the appropriate agency.

      14.   Evidence that there will be no interference with any commercial and/or public safety communication towers.

      15.   Decommissioning plan as required by this title.

   B.   Safety And Design Standards: All towers shall adhere to the following safety and design standards:

      1.   Clearance: Clearance of rotor blades or airfoils must maintain a minimum of twenty feet (20') of clearance between the lowest point of their arc and the ground.

      2.   Posting Of Sign: All CWECS shall have a sign or signs posted on the tower, transformer and substation, warning of high voltage. Other signs shall be posted on the turbine with emergency contact information.

      3.   Wind Turbines: All wind turbines, which are a part of a CWECS, shall be installed with a tubular monopole type tower.

      4.   Color And Finish:

         a.   All wind turbines and towers that are part of a CWECS shall be white, gray or another nonobtrusive color.

         b.   Blades may be black in order to facilitate deicing.

         c.   Finishes shall be matte or nonreflective.

      5.   Lighting:

         a.   Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA permits and regulations.

         b.   Red strobe lights shall be used during nighttime illumination to reduce impacts on neighboring uses and migratory birds.

         c.   Red pulsating incandescent lights shall be prohibited.

      6.   Compliance With Sign Regulations: All signage shall comply with the sign regulations found in these regulations.

      7.   Underground Feeder Lines: All communications and feeder lines installed as part of a CWECS shall be buried, where feasible.

      8.   Noise: No CWECS shall exceed fifty (50) decibels at the nearest structure or use occupied by humans.

      9.   Interference:

         a.   The applicant shall minimize or mitigate interference with any commercial or public safety electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any CWECS.

         b.   The applicant shall notify all communication tower operators within five (5) miles of the proposed CWECS location upon application to the city for permits.

      10.   Roads: Applicant shall:

         a.   Identify all county, municipal or township roads to be used for the purposes of transporting CWECS, substation parts, cement, and/or equipment for construction, operation or maintenance of the CWECS and obtain applicable weight and size permits from the impacted jurisdictions prior to construction.

         b.   Conduct a preconstruction survey, in coordination with the appropriate jurisdictions to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public road.

         c.   Be responsible for restoring the road(s) and bridges to preconstruction conditions.

      11.   Repairs: The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the CWECS.

   C.   Modifications: The requirements for siting and construction of a CWECS may be modified as part of the review process to establish the PUD in accordance with section 16-5-24 of this title. (Ord. 52-09, 10-19-2009)

 

 

(Ord. 52-09, 10-19-2009)

A BMWT and its essential support facilities shall be allowed as a permitted accessory use when attached to the principal structure in any zoning district subject to the following:

   A.   A simple site plan shall be submitted for each BMWT providing the following information:

      1.   Mounting location of the BMWT on the principal structure.

      2.   Description of the BMWT height and width, including a photo (if available) or other visual representation.

   B.   BMWT shall not exceed sixty (60) decibels, as measured at the closest property line. The level, however, may be exceeded during short term events such as utility outages and/or severe windstorms.

   C.   BMWT shall comply with the maximum height requirement of the zoning district in which it is located. Applicants proposing an installation higher than allowed by the zoning district in which it will be located may apply for a variance to the zoning board of adjustment.

   D.   No BMWT may occupy, encroach or "overhang" any public right of way without the expressed approval of the city.

   E.   Each BMWT installation shall require a separate building permit.

   F.   A building permit for the installation of a BMWT in a historic district requires the prior issuance of a certificate of appropriateness from the historic preservation commission. (Ord. 52-09, 10-19-2009)

   A.   Small Wind Energy Conversion Systems: Any SWECS found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards, or removed within six (6) months. If any SWECS is not operated for a continuous period of twelve (12) months, the city shall notify the landowner by registered mail that such SWECS is deemed abandoned, and provide forty five (45) days for a response. In their response, the landowner shall set forth reasons for the operational difficulty and provide a timetable for corrective action not exceeding six (6) months. If the corrective action is not completed within six (6) months, the city shall notify the landowner that such SWECS shall be removed within twelve (12) days of receipt of the notice.

   B.   Commercial Wind Energy Conversion Systems: A CWECS shall be considered a discontinued use after twelve (12) months without energy production, unless a plan is developed and submitted to the city outlining the steps and schedule for returning the CWECS to service. All CWECS and accessory facilities shall be removed to four feet (4') below ground level within one hundred eighty (180) days of the discontinuation of use. Additional time may be granted upon acceptable proof of weather delays. Each CWECS shall have a decommissioning plan outlining the anticipated means and cost of removing CWECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities. (Ord. 52-09, 10-19-2009)

   A.   The special provisions of this section 16-7-4 are intended to regulate the location of adult entertainment establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this title shall be construed or interpreted to permit adult entertainment establishments in areas other than those set forth herein.

   B.   Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area.

   C.   These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, and are made with full consideration of the legal and constitutional issues heretofore adjudicated.

   D.   The provisions of this section 16-7-4 shall govern the location and spatial separation of adult entertainment establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. (Ord. 52-09, 10-19-2009)

   A.   Adult entertainment establishments may be established within any commercial or industrial zoning district, but shall not be located within one thousand two hundred feet (1,200') of any residential or institutional district, or a public or private (parochial) primary or secondary school (K - 12) property approved by the state of Iowa.

   B.   No adult entertainment establishment shall be located within two thousand five hundred feet (2,500') of any other adult entertainment establishment. (Ord. 52-09, 10-19-2009)

   A.   The special provisions of this section 16-7-5 are intended to regulate the location of payday lending establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this code shall be construed or interpreted to permit payday lending establishments in areas other than those set forth herein.

   B.   The provisions of this section 16-7-5 shall govern the location and spatial separation of payday lending establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. (Ord. 46-14, 7-21-2014)

PAYDAY LENDER: A company that: a) accepts a check dated subsequent to the date it was written; and/or b) accepts a check on the date it was written and holds the check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representations made to, the maker of the check, whether expressed or implied. (Ord. 46-14, 7-21-2014)

   A.   Establishments may be established within any commercial or industrial zoning district, but shall not be located within one thousand two hundred feet (1,200') of any residential district.

   B.   No payday lending establishment shall be located within two thousand five hundred feet (2,500') of any other payday lending establishment. (Ord. 46-14, 7-21-2014)