Purpose. The Supplemental Standards set forth additional standards for certain uses located within the various zoning districts. These regulations recognize that certain use types have characteristics that require additional controls to protect public health, safety, and welfare. These regulations complement the use regulations contained in Section 165.06, Site Development Regulations of this Zoning Ordinance.

Application. The supplemental standards generally coincide to all “P*” and “C” uses identified in the land use matrix, Subsection 165.05.14, Use Matrix. Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, conditional use permit, variance, development permit, or other permit issued under any local, State, or Federal ordinance or statute.

Additional Conditions. The Board of Adjustment, Commission, or City Council may impose additional conditions upon the premises according to Subsection 165.03.04, Permits and Procedures   as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood. Such conditions shall be expressly set out in the resolution or ordinance authorizing the conditional use or development permit. Violation of such conditions shall be a violation of this Zoning Ordinance.

Agriculture. Agriculture is a permitted interim use in any zoning district.

Animal Production. Animal production is permitted if it is demonstrated that the use complies with all regulations in the Dyersville Code of Ordinances and the State of Iowa.

Breeding and raising of small animals and fowl, such as birds, rabbits, chinchilla, and hamsters is permitted in the A-2 and R-districts as a primary or accessory use, provided that any building housing such animals shall be at least fifty (50) feet from any property line and 25 feet from any dwelling unit on the site. Any such activity must be located entirely within a rear yard. The raising of fowl shall be limited to fifty (50) birds per acre, up to a maximum of 500 birds.

Only within the A-2 District, any lot of one (1) acre and over may maintain one horse, llama, or other equine and/or hoofed animal and its immature offspring. Such a lot may have one additional animal for each additional two (2) acres of lot area, up to a maximum total of ten (10) animals. No stable shall be located closer than fifty (50) feet to any dwelling unit on the site or fifty (50) feet to any property line.

Animal Production use types may not be established within 500 feet of a pre-existing residential districts, including A-2 through R-3.

No feeding or disposal of garbage, rubbish, or offal associated with animal production shall occur within 500 feet of any pre-existing residential districts, including A-2 through R-3.

Commercial Feedlots/Operations. Are allowed if it is demonstrated that they comply with the purposes, regulations, restrictions, and requirements of Chapter 459, Animal Agricultural Compliance Act and Chapter 459A, Animal Agriculture Compliance Act for Open Feedlot Operations, of the Iowa Code.

Community Garden. Is permitted if:

The site is designed and maintained so that water and fertilizer will not drain onto adjacent property;

There are no retail sales on site;

Fences comply with Subsection 165.09.11, Fence Regulations;

The garden plot observes the setbacks of the applicable district within which it is located;

Compost or waste bins are located such that they are out of public view and no less than twenty (20) feet from property lines of adjacent residences; and

The garden is regularly mowed, kept free of weeds and overgrowth, and always maintained in good condition.

Livestock Sales. Is permitted if found in compliance with the criteria for granting a conditional use permit, Subsubsection 165.03.04.I.v.

Urban Farming. Is permitted as a conditional use when:

Agricultural uses have no offensive odors or create dust and provided, further, that no retail sales shall be permitted on the premises.

Crop areas must be set back at least five (5) feet from all property lines. The required setback must be covered with ground plants, not planted with the intent to harvest, which may include grasses (including native species and ornamental grasses).

Lighting, if provided, shall be shielded so that all directly emitted light falls within the property.

Child Care Home. Applicable State regulations under the Code of Iowa must be followed.

Child Care Center. Applicable State regulations under the Code of Iowa must be followed.

Child Development Home. Allowed if it is demonstrated that the operator for the use meets all certification, licensing, inspection, and/or monitoring requirements of the Iowa Department of Human Services in accordance with Chapter 237A.3A, Iowa Code and as defined. 165.04.03.C.viii, Definitions.

Dwelling, Multi-Family. Dwelling, Multi-family is subject to compliance with the following regulations:

Parking areas and garages are located in the rear or side yards.

Walkways with a minimum width of five (5) feet shall directly connect each front door or front entrance with surrounding sidewalks, walkways, or paths.

All crossings of internal streets, access drives, and driveways shall have well-defined pavement markings and pedestrian crossing signs.

Lighting shall be shielded from adjacent properties and directed downward.

Primary entrance(s) into the building shall be oriented to face the street, which may be a shared entrance with access to each unit.

Conversions of single family to two-family dwellings is allowed if the following are met:

Units can be attached in a standard (side-by-side), vertical (over-under) or front-back arrangement.

Must meet all development, parking, landscaping, and other applicable regulations in the Dyersville Code of Ordinances for two-family dwellings.

No home occupation may be operated in such a manner as to create offensive noise, odor, smoke, heat, vibration, electronic interference, or other interference with the appropriate use and enjoyment of adjacent properties or otherwise constitute a nuisance or safety hazard to adjacent persons or properties.

No outdoor storage of equipment or materials used in the home occupation shall be permitted beyond what is allowed for residential districts.

No more than twenty-five percent (25%) of the total floor area of a dwelling unit may be devoted to the home occupation.

No internal or external alteration which would change the basic characteristic of the building as a residential dwelling shall be permitted.

No nonresident employee may be employed on the premises at any time. A home occupation may be carried on by members only of the immediate family.

No public display of goods shall be allowed.

A permitted home occupation may be operated or maintained as an accessory use only in the principal building.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

No motor vehicle repair is permitted for customers.

If a home occupation which is operated as a nonconforming use, as defined by Subsection 165.11.05, Nonconforming Uses becomes subject to the terms and provisions of Subsection 165.11.06, Discontinuance of Nonconformities or Subsection 165.11.04.D, Repair of Nonconforming Structures then the home occupation shall also be subject to all of the provisions of this Section.

Must comply with the Iowa State Building Code for modular, factory built structures and display the seal issued by the state Building Code Commissioner

Constructed to meet the build code standards of the City, as amended from time to time.

Mobile Home Parks. A Mobile Home Park is subject to compliance with the following regulations:

A Mobile Home Park shall be considered to be one zoned lot. The minimum contiguous area of a Mobile Home Park shall be two acres.

The minimum size of an individual mobile home space shall be 4,000 square feet for single-wide mobile home units and 5,000 square feet for double-wide mobile home units.

Each mobile home space shall have a width of at least 40 feet and a length of at least 75 feet.

Setbacks. Each Mobile Home Park shall have a minimum perimeter setback of thirty (30) feet. No space for a dwelling unit or any other structure shall be permitted in the required setback.

Setback landscaping. All area contained within the required setbacks except sidewalks and private drives shall be landscaped and screened in conformance with Subsection 165.08.03, General Requirements of this Zoning Ordinance.

Impervious Coverage: Impervious coverage for a Mobile Home Park shall not exceed sixty percent (60%) of the total site area.

Separation Between Mobile Home Units. The minimum separation between a mobile home unit and attached accessory structure and any other mobile home units and/or accessory structure shall be twenty (20) feet.

Separation and Setbacks for Accessory Buildings. An accessory building on a mobile home space shall maintain a minimum rear and side yard setback of five feet. A minimum distance of ten (10) feet shall be provided between any mobile home and an unattached accessory building.

Access to Public Street. Each Mobile Home Park must abut and have access to a dedicated public street with a right-of-way of at least 60 feet.

Vehicular Circulation. The Mobile Home Park must provide interior vehicular circulation on a private internal street system. Minimum interior street width shall be 27 feet. The street system shall be continuous and connected with other internal and public streets; or shall have a cul-de-sac with a minimum diameter of 100 feet. No such cul-de-sacs may exceed 300 feet in length.

Separation between Units and Circulation Areas. The minimum distance between a mobile home unit and any attached accessory structure and the pavement of an internal street or parking area shall be ten (10) feet.

Sidewalks. Each Mobile Home Park shall provide a sidewalk system to connect each mobile home space to common buildings or community facilities constructed for the use of its residents, and to the fronting public right of way. Sidewalk width shall be at least five (5) feet.

Street and Sidewalk Standards. All internal streets and sidewalks shall be hard-surfaced. Electric street lighting is required along all internal streets.

Parking Requirements. Each Mobile Home Park must provide at least two (2) off-street parking stalls for each mobile home space.

All Mobile Home Parks shall provide individual units and common facilities with an adequate, piped supply of hot and cold water for both drinking and domestic purposes; and standard electrical service, providing at least one 120-volt and one 240-volt electrical service outlet to each mobile home space.

Complete water and sewer service shall be provided within each Mobile Home Park in accordance with the Subdivision Chapter of the Dyersville Code of Ordinances.

Properly spaced and operating fire hydrants shall be provided for proper fire protection within each Mobile Home Park in accordance with the Subdivision Chapter of the Dyersville Code of Ordinances.

All electric, telephone, gas, and other utility lines shall be installed underground.

Tie Downs. All mobile homes shall be securely tied down at each corner, or in accordance with manufacturers’ recommendations.

Skirting. All mobile homes shall maintain continuous skirting all around the bottom of the structure to the top of the ground. Skirting shall consist of a durable non-weathering material made for that purpose.

Waste Disposal. All mobile home parks shall be provided waste disposal based on one dumpster per each twenty (20) developed lots. All dumpsters shall be screened from view with a 100% opacity fence or wall.

Tornado Shelters. Tornado shelters shall be provided in the mobile home park. Such shelter or shelters shall be built according to the recommendations of the Civil Defense authority and be large enough to meet the specific needs of the park and its residents.

Financial Responsibility. Each application for a Mobile Home Park shall include a demonstration by the developer of financial capability to complete the project and a construction schedule.

The units are designed with an external appearance as a residence rather than a commercial business.

The area devoted to work does not exceed fifty percent (50%) of the total habitable area of the unit.

Signage is restricted to a single placard with a maximum size of two (2) square feet that must be affixed securely and flat against a wall of the unit.

Supplemental Standards – Civic, Institutional, and Recreational Uses.

No building or dog runs shall be located nearer than 100 feet from any property line and 500 feet to the property line of any residential use or district.

All kennel facilities shall be screened around such facilities or at property lines to prevent distracting or exciting animals. Screening shall be of a type provided by Subsubsection 165.08.06.C, Bufferyard Screening Treatment Subsection 165.08.07, Exceptions, establishing landscape and screening standards.

Dog runs will not be used after 9:00 p.m. or before 7:00 a.m.

Minimum Size. Each campground established after the effective date of this Zoning Ordinance shall have a minimum size of one (1) acre.

Setbacks. All campgrounds shall maintain a fifty (50) foot front yard setback and a 25 foot bufferyard according to Subsection 165.08.06.C, Bufferyard Screening Treatment Subsection 165.08.07, Exceptions, from all other property lines.

Each campground must maintain water supply, sewage disposal, and water and toilet facilities in compliance with all City ordinances; or, alternately, be limited to use by self-contained campers, providing their own on-board water and disposal systems.

Group Care and Group Homes. Each group care facility must be validly licensed by either the State of Iowa or the appropriate governmental subdivision.

Hospitals, Clinics. Is permitted if found in compliance with the criteria for granting a conditional use permit, Subsubsection 165.03.04.I.v.

All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially district or use.

In residential districts, uses are designed with no more than 10,000 square feet of gross floor area and parking located in the rear or side yard, subject to the screening requirements of Subsection 165.08.06, Bufferyard and Screening Provisions and Subsection 165.08.07, Exceptions.

The use is spaced 600 feet from residential districts and uses.

All lighting is shielded to prevent the direct glare of beams onto any adjacent residential district or use.

Compliance with the parking and screening standards of Section 165.07, Parking, Loading, and Site Access and Section 165.08, Landscaping and Screening.

Parking structures are not allowed in the R-3 district unless located within the primary structure/use.

Place of Assembly. 

The use is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.

Maximum lot area is not more than four (4) times the average lot area on the block.

The property line of the proposed use is not located within 300 feet from school, public park, or place of assembly measured in a straight line distance between the closest property lines. This does not include grocery stores, convenience stores, or other retail uses where the sale of alcoholic beverages are not the majority of gross sales or retail floor area.

Automobile Rental/Sales and Equipment Repair Services.

All service and repairs are performed within a fully-enclosed building.

All permanent storage of material, merchandise, and equipment, including wrecked vehicles and excluding the display of vehicles for sale or lease, are stored in areas screened from view in accordance with Subsection 165.08.06, Bufferyard and Screening Provisions.

Access is taken from a collector or arterial street or from a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street.

There are not more than six (6), one car bays.

All facilities are designed and configured such that any outdoor spraying preparation or drying activities are directed away from any abutting residential districts or uses.

Bay access is oriented and/or screen walls are provided to prevent headlights from shining onto any abutting residential district or use.

Accessory equipment is set back at least twenty (20) feet from all property lines.

Commercial and Industrial Uses in the R-3 and C-1 districts.   If the use fronts on a local street then in addition to any landscaping and screening standards in Section 165.08, Landscaping and Screening:

The gross floor area of the primary building shall be a maximum of 6,000 square feet.

Parking lots shall be located in an interior side or rear yard.

All allowed uses must be operated entirely indoors, except for an outdoor restaurant or cafe seating area. However, the outdoor seating area may not face directly upon or be within fifty (50) feet of a residential use or district.

Commercial use with drive-through facility. See Subsubsection 165.07.10.A, Drive-through Services.

Food Services, with drive thru. See Subsubsection 165.07.10.A, Drive-through Services.

Lighting is shielded to prevent the direct glare of beams onto any adjacent residential districts or uses.

No repairs other than minor automobile repairs are performed on the premises and any such minor repairs are performed only within the principal building on the premises.

No partially dismantled or wrecked vehicle are stored outside of a completely enclosed building;

The use is separated from all residential districts in accordance with Subsection 165.08.06, Bufferyard and Screening Provisions.

If the use contains a car wash, the supplemental standards for a car wash shall apply.

General Office, with drive thru. See Subsubsection 165.07.10.A, Drive-through Services.

Heavy retail stores that include outdoor storage of materials shall comply with the following conditions:

All outside storage or display of merchandise or other materials or equipment shall be screened from view at eye level from a public street or adjacent property.

All storage buildings with overhead doors, drive openings, or open bays and all loading areas shall be fully screened from view at eye level from a public street or adjacent property.

Minimum screening shall be consistent with screening standards set forth in Section 165.08, Landscaping and Screening.

All areas not occupied by buildings or landscaping shall be paved with concrete or asphalt, or similar treatment to reduce dust.

Restaurants (Drive-in). See Subsubsection 165.07.10.A, Drive-through Services.

Access is taken from a collector or arterial street or from a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street

Restricted Business (Adult Entertainment). Refer to Chapter 128 of the Dyersville Code of Ordinances

The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing, or screen walls. Minimum height of this enclosure shall be eight (8) feet. Any such enclosure shall be constructed behind required landscaped bufferyards.

Storage of materials shall not be higher than the height of the surrounding screen fence or wall.

The following standards are for all industrial uses listed as P* and C in Subsection 165.05.14, Use Matrix.

Truck Traffic. Industrial uses that require semi-trailer truck service shall provide a truck routing plan that demonstrates compliance with the following standards:

The use shall take access from a road of sufficient width and construction to accommodate the required semi-trailer truck service. Such access shall be evaluated from the point of ingress and egress to the parcel proposed for development to the point of intersection of the proposed truck route with an arterial street or highway, whichever is closer.

The use shall not be located to require semi-trailer trucks to travel on local roads that traverse residential zoning districts.

Truck parking, loading, and maneuvering areas shall be constructed of portland cement concrete. All other service and storage areas shall have an all-weather surface for a distance of fifty (50) feet from public street right-of-way that minimizes the generation of dust and sediment. Any remaining lay down yards or storage areas may have gravel surfaces.

External Impacts. All manufacturing or fabrication processes that are reasonably likely to produce material, detrimental off-site impacts, including glare, dust, odors, air contaminants, vibrations, and noise impacts, shall be sufficiently enclosed to mitigate the impacts. For the purposes of this standard, "sufficient enclosure" may include a bufferyard with walls, fences, and/or earthen berms necessary to accomplish the mitigation objective, as listed in Subsubsection 165.08.06.C, Bufferyard Screening Treatment.

Nuisance Abatement. Each industry is required to continuously employ best management practices (BMPs) for pollution control and nuisance abatement, when reasonably and practicably available to the industry. Compliance with applicable federal, state, or local laws or regulations that require a particular BMP or level of technology to be employed constitutes compliance with this requirement with respect to the pollutant or nuisance addressed by the law or regulation.

The use is not used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted, provided that the materials are not stored for more than seven (7) days and do not contain hazardous materials or wind-blown debris.

Erosion Control. A resource extraction use may not increase the amount of storm run-off onto adjacent properties as determined by review of the Administrator. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard.

Surface Drainage. The surface of the use may not result in the collection or ponding of water, unless specifically permitted as part of a Conditional Use Permit.

Storage of Topsoil. Topsoil shall be collected and stored for redistribution following the end of the operation.

Elimination of Hazards: Excavation shall not result in a hazard to any person or property.

Restoration of slopes to a gradient not exceeding 33% as soon as possible.

Installation of perimeter safety screening and/or fencing.

Installation of visual screening adjacent to any property within a residential or public use district consistent with standards contained in Section 165.08, Landscaping and Screening.   

Restoration of Landscape. The topography and soil of the resource extraction site shall be restored and stabilized within nine (9) months of completion of the operation. The site shall be seeded, planted, and contoured in a way that prevents erosion. Alternately, the site may be used as a lake or body of water, subject to approval by the City Council with the recommendation of the Commission.

The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls. Minimum height of this enclosure shall be eight (8) feet. Any such enclosure shall be constructed behind required landscaped bufferyards.

Each existing junk yard facility shall be screened as provided above within one (1) year of the effective date of this Zoning Ordinance.

The above requirement shall also apply to uses adjacent to residential zoning districts or residential uses that include the long-term storage and dismantling of vehicles.

Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.

No new junk yards use may be established within 500 feet of the nearest property line of a pre-existing residential zoning district or of any pre-established civic use.

Compliance with Codes. Each landfill must comply with all relevant City, county, State, or Federal codes and statutes.

Prevention of Hazards. No facility shall present a hazard to surrounding residents or properties.

Drainage and Water Supply. No landfill may modify or prevent the flow of major natural drainage ways within the jurisdiction of the City. Landfills shall not produce a measurable increase in pollution in any public water-based recreational facility or in any waterway or well that is a part of a public or private water supply.

Minimum Separation from Residential Uses. No non-putrescible landfill may be established within 300 feet of a developed residential or public use. No landfill involving the disposal of putrescible or septic wastes shall be established within one-fourth mile of any residential, public, or commercial zoning district; or any State of Federal Highway.

Restoration of Site. The site of any landfill must be restored, stabilized, planted, and seeded within six (6) months after the end of the operation.

Toxic Waste. The disposal of hazardous, toxic, or radioactive wastes as defined by the Federal Environmental Protection Agency shall be prohibited within the City and its extra-territorial jurisdiction.

The minimum size of a convenience storage facility shall be one (1) acre.

Primary activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.

Accessory activities can include the storage of vehicles, light trucks, boats, and recreational vehicles provided that the area:

Does not face the street

Does not comprise more the fifty percent (50%) of the gross site area.

Includes screening according to Section 165.08, Landscaping and Screening. However, chain-linked fencing shall not be used as the required fencing method along sides facing the street.

All driveways within the facility shall provide a paved surface with a minimum width of twenty-five (25) feet.

All storage must be within enclosed buildings and shall not include the storage of hazardous materials.

No storage buildings may open into required front yards.

Facilities must maintain landscaped bufferyards of thirty (30) feet adjacent to any public right-of-way and twenty (20) feet adjacent to other property lines, unless greater setbacks are required by Section 165.08, Landscaping and Screening.   

Tower mounted equipment complies with the standards of Telecommunication Towers below.

Roof-mounted equipment does not extend more than ten (10) feet above the rooftop.

Ground-mounted satellite dishes are setback at least 75 feet from all property lines and screened according to Section 165.08, Landscaping and Screening.    Security fencing is allowed but does not count toward the screening requirements if not opaque.

All buildings and structures shall be screened from view from public rights-of-way or any private property located in any residential district. Any screening located in or adjacent to any front yard shall be limited to vegetation that provides effective year-round screening.

All electric substation uses shall be fenced where any hazard to the safety of human or animal life is present.

Yards shall be provided as set out for the district in which the use is located.

Height. The system shall not be taller than twenty (20) in industrial and agricultural districts, twelve (12) feet in commercial districts, and six (6) feet in all other permitted districts.

Setbacks and lot coverage. Setback and lot coverage standards for principal buildings in the underlying zoning district apply.

Easements. No portion of any Solar Energy System shall extend into any easement, right of way, or public way regardless of above stated minimum setbacks.

Interconnection Agreement. A Solar Energy System shall not be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned system and a copy of executed interconnection agreement with the utility company is provided.

Abandonment. Any solar energy system that is not operated for a continuous period of 180 days shall be considered abandoned and shall be removed by the property owner. Removal includes the entire structure including transmission equipment.

Maintenance. The property owner of any Solar Energy System shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system.

Underground Wire Requirement. The electrical collection system shall be placed underground within the interior of each parcel. Overhead lines shall not be permitted.

Industry Standard. As part of the approval, documentation shall be provided showing that the system and parts meet industry standards, such as Underwriters Laboratories (UL), or another standard applicable to the technology and materials of the system.

Solar Access. A property owner who has installed or intends to install a Solar Energy System shall be responsible for negotiation with other property owners in the vicinity for any necessary solar easement. The approval for Solar Energy System by the City does not constitute solar access rights.

Small Wireless Facilities. Privately owned small wireless facilities on city-owned and non-city-owned poles in the public right-of-way, and City structures shall comply with all applicable State and federal laws, Iowa Code 8C, and this Zoning Ordinance, to maintain the aesthetics within the City, while allowing for an increase in the availability and quality of wireless service. These general procedures and standards are established for the siting, construction, installation, collocation, modification, relocation, operation, and removal of small wireless facilities within the public right-of-way.

New poles or wireless support structures.

If existing utility poles are not available for collocation, operators may propose a new wireless support structure. New wireless support structures that will be more than twenty (20) feet in height shall match the design of the City's existing signal mast arms. New wireless support structures that will be twenty (20) feet or less in height shall match the City's existing streetlights.

Residential Areas: In residential areas, new wireless support structures shall be located to avoid obstructing the view of building facades by placing the wireless support structure at a corner, intersection, or along a lot line.

The number of new utility poles or wireless support structures may be reasonably limited, consistent with the protection of public health, safety, and welfare, and provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider’s ability to provide wireless service within the area of a proposed new structure.

Permit. A permit may be required to work in the public right-of-way according to the Dyersville Code of Ordinances and Iowa Code 8C.7A.

Mounting. The small wireless facilities shall either be mounted internal to the pole, or top-mounted and concealed within a radome that also conceals the cable connections, antenna mount, and other hardware.

Wireless facility shroud requirements. A screening shroud shall be provided on the underside of the small wireless facilities, mounted external to the pole, to conceal cable connections from public view. The shroud shall be firmly attached and sealed to prevent birds from entering and nesting.

Finish requirements. The equipment shroud must be non-reflective and painted or color impregnated to match the color of the existing pole as close as possible, include decorative elements.

The electrical meter shall not be installed on the pole. Any necessary meter or other accessory cabinet shall be installed in the right-of-way, away from the street at a location approved by the City and said cabinet shall meet all location and landscaping requirements of this Zoning Ordinance.

Lighting. Unless otherwise required for compliance with FAA or FCC regulations, the facility shall not include any permanently installed lights. The City may require the applicant to install functional streetlights when technically feasible and the City determines that such additions will enhance the overall appearance and usefulness of the proposed facility.

Code compliance. All small wireless facilities shall comply with Iowa electrical safety code, the national electrical safety code, applicable fire safety codes, and the City building code.

Wireless facility and utility pole height. The maximum height from the finished ground surface to the top of a new monopole structure for a wireless facility or a wireless facility mounted on a utility pole shall be the greater of, ten (10) feet greater than the height of the existing pole, forty (40) feet, or the height regulations in the applicable zoning district.

Cabling. All cabling shall primarily be internal to the pole. Any exposed cabling, external to the pole, shall be minimized.

Underground requirements. The City may deny requests to install structures and facilities in the right of way or on City property in an area where the City has required all structures and facilities except those owned by the City to be placed underground or elsewhere in the right of way or a utility easement. These areas are easily identifiable as those locations where electric has been placed underground; however, if an applicant is uncertain as to whether such facilities have been placed underground in the area, the applicant should contact the City for clarification before applying for or installing any wireless support structures and/or small wireless facilities in the area. The applicant may request a waiver if the operator is unable to achieve its service objective using a location in the right of way or on City property where the prohibition does not apply, in a utility easement the operator has the right to access, or in or on other suitable locations or structures made available by the City at reasonable lease rates, fees, and terms.

Historic areas. Small wireless facilities shall not be located in any area designated as an area of historical significance or on designated local historic landmarks.

Approval. The Administrator shall approve or deny a request for small wireless facilities within ninety (90) days from the request. A permit application for small wireless facility shall follow the standards listed in Iowa Code 8C.7A(3)(c)(2) and 8C.7A(3)(c)(3). A written decision shall be provided to the applicant, and if denied, the ordinance provisions or standards on which the denial is based.

Fees. Application fees for permits to site small cell facilities shall conform to the requirements of Iowa Code §8C.7A and recurring annual fees per small wireless facility shall be fixed at the presumptively reasonable rate of $270/year as provided in the FCC Declaratory Ruling and Order 18-133 at ¶79. The City, however, reserves the right to conduct cost studies and to adjust such fees, from time to time, to the extent permitted by applicable state and federal laws and regulations.

Exceptions. The City recognizes that in some circumstances strict compliance with these guidelines may result in undesirable aesthetic outcomes and that minor deviations should be granted when the need for such deviation arises from circumstances outside the applicant's control.

Violation and Removal. Small wireless facilities alleged in violation shall follow the standards and procedures in Iowa Code 8C.7B.

Conflicts; Controlling Provisions. To the extent this Section conflicts with this Zoning Ordinance, or any other ordinance of the city, this Section shall control.

Interpretation and definitions. For the purpose of this chapter, certain words, phrases, and terms used herein shall be interpreted as stated in this section. Unless otherwise defined, other words shall have the meanings normally ascribed to them. Questions as to interpretation shall be resolved by the board of adjustment. For the purposes of this chapter, the terms used have the following meanings:

Applicant: Any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services and who submits an application.

Application: A request submitted by an applicant to the city of Dyersville for the following: An eligible facilities request, to construct a new tower, for the initial placement of transmission equipment on a wireless support structure, for the modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station, or any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.

Base Station: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Any structure other than a tower that, at the time the relevant application is filed with the city of Dyersville under this section, supports or houses equipment described in this Subsection that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

The term does not include any structure that, at the time the relevant application is filed with the city of Dyersville under this section, does not support or house equipment described in Subsection 165.09.09.E.ii.(c) of this section.

Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Electric Utility. Any owner or operator of electric transmission or distribution facilities subject to the regulation and enforcement activities of the Iowa Utilities Board relating to safety standards.

Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

Collocation of new transmission equipment,

Removal of transmission equipment, or

Replacement of transmission equipment.

Eligible Support Structure. Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City of Dyersville under this section.

Wireless Support Structure. A structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including but not limited to water towers, buildings, and other structures, whether within or outside the public right-of-way. “Wireless support structure” does not include a tower or existing base station.

Existing. A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this Section.

Initial Placement or Installation. The first time transmission equipment is placed or installed on a wireless support structure.

Site. For towers not in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures other than towers, that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater;

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

It entails any excavation or deployment outside the current site;

It would defeat the concealment elements of the eligible support structure; or

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in Subsection 165.09.09.E.ii.(l) of this Section.

Height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops. Otherwise, height shall be measured from the dimensions of the tower or base station, inclusive of originally-approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Pub. L. No. 112-96, Tit. VI.

Transmission Equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Utility Pole. A structure owned or operated by a public utility, municipality, or electric utility that is designed specifically for and used to carry lines, cable, or wires for telephone, cable television, or electricity, or to provide lighting.

FCC.

   Federal Communications Commission of the United States.

Application Review for All Applications

Application. Applicant shall complete an application form and indicate whether their application and intended use is for:

An eligible facilities request, construction of a new tower,

For the initial placement of transmission equipment on a wireless support structure,

For the modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station, or

Any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.

Zoning and Land Use. The City of Dyersville exercises zoning, land use, planning, and permitting authority within the city’s territorial boundaries and within the two-mile limit of the territorial boundaries with regard to the siting of transmission equipment, as permitted and limited by applicable law of the Iowa Code Chapter 8C and federal law.

Duration of Approval. The duration of the approval shall not be limited, except that construction of the approved structure or facilities shall be commenced within two years of final approval, including the disposition of any appeals, and diligently pursued to completion.

Limitation of Information. The information requested for an application shall not include information about, or evaluate an applicant’s business decisions with respect to, the applicant’s designed service, customer demand for service, or quality of the applicant’s service to or from a particular area or site.

Limitation of Review for Other Potential Locations or Collocation. The City of Dyersville’s review will not:

Include evaluating the availability of other potential locations for the placement or construction of a tower or transmission equipment, or

Require applicants to establish other options for collocation instead of the construction of a new tower or modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station.

Transmission Equipment and Technology. Application review shall not dictate the type of transmission equipment or technology to be used by the applicant or discriminate between different types of infrastructure or technology.

Radio Frequency and Environmental Impacts. The City of Dyersville shall not:

Deny an application, in whole or in part, based on perceived or alleged environmental effects of radio frequency emissions, as provided in 47 U.S.C. §332(c)(7)(B)(iv), or

Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality.

Impose environmental testing, sampling, or monitoring requirements or other compliance measures for radio frequency emissions from transmission equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47.C.F.R. §1.1307(b)(1).

Removal. The City of Dyersville shall not require the removal of existing towers, base stations, or transmission equipment, wherever located, as a condition to approval of an application.

Emergency Power Systems. The City of Dyersville shall not prohibit the placement of emergency power systems that comply with federal and state environmental requirements.

Surety Requirements. The City of Dyersville shall not impose surety requirements, including bonds, escrow, deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towers or transmission equipment can be removed.

Tower Space. The City of Dyersville shall not condition the approval of an application on the applicant’s agreement to:

Provide space on or near the tower, base station, or wireless support structure for the City of Dyersville or local governmental or nongovernmental services at less than the market rate for such space, or

Provide other services via the structure or facilities at less than the market rate for such services.

Historic Properties and Districts. The City of Dyersville may administer and enforce zoning regulations to approve or deny applications for proposed alterations to exterior features of designated local historic landmarks. Applicants shall also comply with federal and state historic property laws.

Discrimination. The City of Dyersville shall not discriminate based on the ownership, including ownership by the city, of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or for evaluating applications.

Open Records. All records, documents, and electronic data in the possession or custody of the City of Dyersville personnel are subject to and disclosure of such records shall be consistent with Iowa Code Chapter 22.

Remedies. Applicants and the City of Dyersville may bring claims related to this ordinance to any court of competent jurisdiction.

Application Review for Applications Identified as Eligible Facilities Requests:

Application for Eligible Facilities Requests. For those applications identified by applicant and determined by the City of Dyersville to be an eligible facilities request, the application shall be limited to the information necessary for the City to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.

Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the City shall review such application to determine whether the application so qualifies.

Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval under this chapter, the City of Dyersville shall approve the application unless it determines that the application is not covered by this chapter.

Tolling of the Timeframe for Review. The sixty (60) day review period begins to run when the application is filed and may be tolled only by mutual agreement by the City and the applicant, or in cases where the City determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City’s notice of incompleteness.

Following a supplemental submission, the City of Dyersville will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

Interaction with Section 332(c)(7) of the United States Federal Code. If the City determines that the applicant’s request is not an eligible facilities request, the City shall notify applicant in writing and the basis of its determination. The timeframes under Subsections 165.09.09.E.v and 165.09.09.E.vi of this section will begin to run from the issuance of the City of Dyersville’s decision that the application is not an eligible facilities request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under Subsections 165.09.09.E.v and 165.09.09.E.vi of this Section, pursuant to the limitations applicable to said Sections.

Failure to Act. In the event the City fails to approve or deny a request seeking approval under this chapter, within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

Application Review for Applications Identified for New Tower Construction:

Application. For those applications identified by applicant and determined by the City to construct a new tower, the applicant shall submit the necessary copies and attachments of the application to the Administrator and comply with applicable local ordinances concerning land use and the appropriate permitting processes.

Additional Information for Residential Districts. The City may request propagation maps solely for the purpose of identifying the location of the coverage or capacity gap or need for applications for new towers in an area zoned residential.

Explanation for Proposed Location: The City may require an applicant to provide an explanation regarding the reason for choosing the proposed location for construction of a new tower and the reason the applicant did not choose collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the tower attesting that collocation within the area determined by the applicant to meet the applicant’s radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to the applicant.

Timeframe for Review. Within 150 days of the date on which an applicant submits an application seeking approval to construct a new tower, the City shall approve or deny the application unless another date is specified in a written agreement between the City and the applicant.

Tolling of the Timeframe for Review. The 150-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City of Dyersville and the applicant, or in cases where the Board determines that the application is incomplete. The Board shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. The timeframe for review is not tolled by a moratorium on the review of applications.

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application and the City’s timeframe to review is tolled beginning the date the notice is sent.

The City’s timeframe of 150 days for review begins running again when the applicant makes a supplemental submission in response to the City’s notice of incompleteness.

The City’s 150-day timeframe for review does not toll if the City requests information regarding any of the considerations the City may not consider as described in this Section.

Following a supplemental submission, the City will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

The City shall make its final decision to approve or disapprove the application in writing within the timeframe.

Failure to Act. In the event the City of Dyersville fails to approve or deny a request seeking approval under this subsection within the timeframe for review (accounting for any tolling), the request shall be deemed granted.

Application Review for Applications Identified for the Initial Placement or Installation of Transmission Equipment on Wireless Support Structures, Modification of an Existing Tower or Existing Base Station that Constitutes a Substantial Change, or Other Requests for Construction or Placement of Transmission Equipment that Do Not Constitute Eligible Facilities Requests:

Application. For those applications identified by applicant and determined by the City to be for the initial placement or installation of transmission equipment on wireless support structures, modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute an eligible facilities request, the applicant shall submit the necessary copies and attachments of the application to the community development department and comply with applicable local ordinances concerning land use or regulations concerning land use and zoning and the appropriate local permitting processes.

Timeframe for Review. Within 90 days of the date on which an applicant submits an application seeking approval to construct a new tower, the City shall approve or deny the application unless another date is specified in a written agreement between the City and the applicant. The Board shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with Iowa Code Chapter 8C.

Tolling of the Timeframe for Review. The 90-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City of Dyersville and the applicant, or in cases where the Administrator determines that the application is incomplete. The Administrator shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this section. The timeframe for review is not tolled by a moratorium on the review of applications.

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application and the City’s timeframe to review is tolled beginning the date the notice is sent.

The City’s timeframe of 90 days for review begins running again when the applicant makes a supplemental submission in response to City’s notice of incompleteness.

The City’s 90-day timeframe for review does not toll if the City requests information regarding any of the considerations the City may not consider as described in this Subsection.

Following a supplemental submission, the City will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

The City shall make its final decision to approve or disapprove the application in writing within the timeframe.

Failure to Act. In the event the City fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted.

Use Restrictions. All towers approved by a conditional use permit are subject to the following provisions:

Telecommunication towers are allowed without regard to the height limits of the applicable zoning district

All towers, antennae, and other telecommunication facilities shall meet or exceed all standards and requirements of the Federal Communication Commission (FCC), Federal Aviation Administration (FAA), and any other agency of the state or federal governments, as well as the City’s building, electrical, mechanical, and any other applicable codes.

The maximum height that may be approved for a telecommunication tower as part of a conditional use permit is 250 feet.

Telecommunication towers shall be set back the greater distance of:

The setback requirements of the underlying district

200 feet from any residential district or use

25 percent of the height of the tower

The distance specified as a potential hazard area by the designer of the structure.

Guy wire anchors and accessory structures shall not encroach into the required setbacks for principal structures in the underlying district.

Tower Design.

All telecommunication towers shall meet or exceed current published EIA/TIA structural standards and shall have adequate load-bearing capacity to carry the antennas of three similar providers.

Stealth and/or camouflage design of towers and antennas may be required to reduce the visual impact of the structure, especially in residential districts.

Towers shall be a neutral color such as a non-contrasting gray or similar color, and not include signage painted on the tower.

Lighting. Telecommunication towers shall only be illuminated as required by the Federal Communication Commission (FCC) and/or the Federal Aviation Administration (FAA). Security lighting around the base of a tower must be shielded so that no light is directed towards adjacent properties or rights-of-way.

Screening. A fence or screen that is at least eight feet in height must surround the base of a telecommunication tower. The use of barbed wire or other security measure shall be allowed only as specifically approved.

Inspections. Telecommunication towers shall be inspected by a qualified tower inspection service once every 36 months by the owner, operator, or a representative to assess the structural condition of the tower and support equipment. An inspection report shall be prepared and filed with the Administrator. The required report shall certify that the tower continues to meet or exceed the current published EIA/TIA structural standards and is in sound and safe operating condition.

Additional Antennae or Transmission Equipment. In accordance with the Middle Class Tax Relief and Job Creation Act of 2012, it is intended that collocation of additional antennas on towers authorized pursuant to this Item, or the removal and replacement of transmission equipment on an existing wireless telecommunication tower or base station shall be permitted, provided the tower has the structural capacity to carry the antenna and that the approved development plan accommodates the siting of any required support facilities, and provided that this action does not substantially change the physical dimensions (e.g. height, gross floor area, building coverage, guy wire span, etc.) of the tower or base station.

The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of referral to the Council for approval if the City Council, after recommendation by the Commission, finds that the reduction is consistent with public health, safety, and welfare.

The distance between the tower support bases of any two WECS shall be the minimum of five (5) rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a referred approval if the City Council, after recommendation by the Commission, finds that the reduction does not impede the operation of either WECS.

Any tower or rotor shall maintain a distance of at least 100 horizontal feet from any structure, power line, or antenna located on another property.

The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

A fence eight (8) feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than twelve (12) feet above ground.

The height of the WECS may exceed the height restrictions of the base district by up to 50%. The bottom tip of any rotor must be at least ten (10) feet above any area accessible to pedestrians.

Outdoor Storage. Outdoor storage is permitted only as provided in this Subsection, Table 165.05.15.01, Permitted Accessory and Temporary Uses, and any applicable use conditions listed in this Zoning Ordinance.

Agricultural Use Types. Outdoor storage is permitted, as listed in Table 165.05.15.01, Permitted Accessory and Temporary Uses, only where incidental to agricultural uses.

Residential Uses and Property. Except as otherwise provided by this Zoning Ordinance, any goods, equipment, materials, machinery, and parts thereof stored on any residentially zoned property must be:

Stored in completely enclosed buildings; or

In spaces not more than five percent (5%) of the lot size and screened by fencing and/or evergreen shrubbery providing at least an 80% screen and having a height of no less than six (6) feet nor more than eight (8) feet.

Civic Use Types. Outdoor storage is permitted, as listed in Table 165.05.15.01, Permitted Accessory and Temporary Uses, only:

Where incidental to Maintenance Facilities; or

In completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery providing at least an 80% screen and having a height of no less than six (6) feet nor more than eight (8) feet.

Commercial Use Types. Outdoor storage is permitted, as listed in Table 165.05.15.01, Permitted Accessory and Temporary Uses, where incidental to any use provided that such storage:

Occupies a maximum of ten percent (10%) of the gross floor area of the principal building; and

Is completely screened at property lines by an opaque barrier, as set forth in Subsection 165.08.06, Bufferyard and Screening Provisions.

These provisions shall apply to any established use after the effective date of this Zoning Ordinance.

Where provisions for outdoor storage are listed in other Sections of this Zoning Ordinance, those Section provisions apply over the provisions listed above, Subsection 165.09.10.D.

Industrial and Miscellaneous Use Types. Outdoor storage is permitted, as listed in Table 165.05.15.01, Permitted Accessory and Temporary Uses, where it is incidental to industrial uses provided that such storage:

Is subject to screening requirements set forth in Subsection 165.08.06, Bufferyard and Screening Provisions.

Corner Visibility. In any residential district, no fence or continuous planting shall be maintained within thirty (30) feet of any corner lot street line intersection which would impair the sight distance of the operator of a motor vehicle.

Location. No fences are permitted in the public street right-of-way and shall be erected and maintained to avoid limiting or obstructing the flow of water in natural drainage courses, or drainageways created within easements.

Easements. Any fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.

Materials. The following materials shall be required:

Fences shall be constructed of wood, chain-link, PVC/ resin, stone or masonry materials, or ornamental metals only.

Wood fences shall use standard building lumber only.

Barbed wire fences are not permitted except for in the A-1 and I-3 districts and are defined as any fence that includes in its material barbs, blades, razors, electric current, or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence.

Wire mesh fences may be permitted to enclose tennis courts and game and recreation areas on public land and residential lots.

Permit. No fence shall be constructed or reconstructed without a building permit issued pursuant to Subsubsection 165.03.04.D, Building Permit of this Zoning Ordinance.

Height.

Residential Districts. No fence or continuous planting over three (3) feet in height shall be maintained in any front yard; no fence or continuous planting over four (4) feet in height shall be maintained in any side yard; and no fence or continuous planting over eight (8) feet in height shall be maintained in a rear yard.

Civic Uses in Residential Districts. The maximum height of fences installed as part of Primary and Secondary Educational Facilities, Day Care, and Park and Recreation Use Types, or any other use that provides secured outdoor space for the use of children within residential zoning Districts shall be eight (8) feet.

Non-Residential Districts. The maximum height of a fence for any permitted use in any non-residential zoning district shall be eight (8) feet, except that fences shall not be permitted in the front yard of commercial and civic districts.

Appeals. Denial, revocations, or cancellations of a building permit based on the provisions of this Subsection may be appealed to the Board of Adjustment, as set forth in Subsubsection 165.03.04.M, Appeals.

Accessory Uses. Accessory uses and accessory buildings and structures include, but are not limited to, those set out in this Section and permitted in Table 165.05.15.01, Permitted Accessory and Temporary Uses.

Permitted Accessory Uses: All Districts. The following requirements are in addition to the permitted accessory uses in 165.05.15.01, Permitted Accessory and Temporary Uses:

Fallout and storm shelters, provided they shall not be used for any principal use or accessory use that is not permitted in the district in which it is located.

Solar energy systems and their condensers and energy storage provided:

Ground or structure mounted equipment are subject to the same setback requirements as accessory structures.

Coverage. Ground systems for residential properties shall not exceed one-tenth (1/10) of the footprint of the principal building served or one hundred (100) square feet, whichever is greater. Ground systems for non-residential properties shall not exceed one-half (1/2) of the footprint of the principal structure building served. Measurement of the system shall be based upon the area of the solar receiving panel, regardless of the adjustment angle of the panel.

May encroach into the height and setback regulations according to Subsection 165.06.21, Development Exceptions.

Damaged or inoperable equipment is removed within sixty (60) days.

Building or structure mounted telecommunication antennas on existing structures, such as water towers and telecommunication towers, except in area of designated historical significance and designated local historic landmarks.

Satellite dishes and antennas which are freestanding and accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use, setback at least ten (10) feet from all property lines, and limited to fifteen (15) feet in height.

When mounted to a building, all cabling must be run internally when feasible, securely attached, and as inconspicuous as practicable. All equipment shall be setback five (5) feet from all lot lines.

Permitted Accessory Uses: Agricultural Use Types. The following requirements are in addition to the permitted accessory uses in 165.05.15.01, Permitted Accessory and Temporary Uses:

Other uses and activities necessarily and customarily associated with the purpose and functions of agricultural uses.

Buildings that directly serve and are required for the conduct of crop and animal production, are exempt from requirements for building permits and inspections. Structures that house other uses are subject to the requirements of this ordinance, even if located on property zoned or primarily zoned or used for agricultural purposes.

Permitted Accessory Uses: Residential Uses. The following requirements are in addition to the permitted accessory uses in 165.05.15.01, Permitted Accessory and Temporary Uses:

Private garages and parking for the residency use.

Storage structures incidental to a permitted use.

Recreational activities and uses by residents.

Home occupations, subject to the provisions of this Zoning Ordinance.

Non-commercial convenience services for the primary use of residents of multi-family uses or mobile home parks, including laundromats, clubhouses, and post offices.

Shipping containers are not allowed in residential zones. A temporary shipping container can be approved by the Administrator when accessory to a project that has a valid residential building permit. A temporary shipping container is allowed at a residential building site for up to 180 consecutive days for temporary storage after the building permit is issued.

Permitted Accessory Uses: Non-Residential Use Types and Districts. Other use types may include the following accessory uses, activities, and structures on the same lot, in addition to the permitted accessory uses in 165.05.15.01, Permitted Accessory and Temporary Uses:

Accessory uses permitted for residential uses.

Parking for the principal use.

Manufacturing or fabrication of products made for sale in a principal commercial use, provided such manufacturing is totally contained within the structure housing the principal use.

Retail Sale of Consumer Fireworks in the C-2 district subject to approval of a conditional use permit by the Board of Adjustment and in accordance to the Retail Sale of Consumer Fireworks policy by the City Council.

Services operated for the sole benefit of employees of the principal use.

Shipping containers are allowed in industrial districts, provided, that the use is in conformance with current permitted zoning uses.

Shipping containers used only for storage do not require a building permit or engineering foundation.

Building Permit. A building permit is required prior to placement of a structure larger than 200 square feet in area.

Setbacks. Accessory buildings are subject to all site development regulations of its zoning district, except as provided below:

Side Yards. An accessory building may be located a minimum of five (5) feet from the side lot line of the property if it is located in an area from six (6) feet behind the rear building line of the principal building to the rear property line and is under fifteen (15) feet in height. An additional one foot setback is required for every two feet above fifteen (15) feet in height, up to the minimum requirements of the zoning district.

Front Yards. No accessory building may be located between the front building line of the principal building and the front property line.

Rear Yard. The minimum rear yard setback for accessory buildings shall be five (5) feet. The sum of the width of the alley and the rear yard setback shall be at least twenty (20) feet if the accessory building is a garage with a vehicular entrance door that is directly oriented toward an alley. Double-frontage lots shall require front-yard setbacks along both street frontages as required by the individual zoning district. Easements may be incorporated into these required setbacks. No accessory building shall be located within any easement or right-of-way along the rear property line.

Street Yards: No accessory building shall be located within twenty (20) feet from any street right-of-way line.

Garage Setbacks: Any detached garage that fronts on a public street must be set back at least twenty (20) feet from such street, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.

The maximum size of a detached garage for a single-family detached, single-family attached, or duplex residential uses shall not exceed the larger of 720 square feet, or 33% of the building coverage of the main residential structure. A detached garage may exceed these maximums subject to approval of a Conditional Use Permit and other requirements of this Section.

All accessory buildings on a site, taken together with the principal structure(s), must comply with the building coverage requirements for the zoning district.

Height. In residential districts, the maximum height shall be twenty (20) feet for any accessory building.

Design. Exterior building materials and architectural designs used for detached garages in residential districts shall be comparable to, or similar to, or architecturally harmonious with, the existing main residential structure.

Separation from Other Buildings: No accessory building shall be placed within five (5) feet of any other building on its own property.

Attached Accessory Buildings: Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district, except as modified in this Section.

Hazards: Any accessory use that creates a potential fire hazard shall be located a minimum of ten (10) feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.

No accessory building shall be built upon any lot until construction of the principal building has begun.

Temporary Uses. These provisions are intended to permit occasional, temporary uses and activities, when consistent with the objectives of this Zoning Ordinance and compatible with surrounding uses, as listed in 165.05.15.01, Permitted Accessory and Temporary Uses. They are further intended to prevent temporary uses from assuming the character of permanent uses.

Roadside Stand. Retail operation of roadside stands associated with a primary agricultural use may be permitted in the A-1 District, subject to the following requirements:

A roadside stand is a facility used on a temporary or seasonal basis for the retail sale of produce grown largely on adjacent or surrounding agricultural lands.

A roadside stand may be located within a required front yard but no closer than forty (40) feet to the edge of a traveled roadway.

A roadside stand may operate for a maximum of 180 days in any one year.

Garage sales. Provided that the frequency of such sales at any one location are limited to one (1) sale of no more than three (3) days duration in a month, and three (3) sales during any twelve (12) month period.

Development sales offices. Such offices may remain in place until 90% of the lots or units within the development are sold and may not be located within a mobile home or manufactured home/structure.

Commercial circuses, carnivals, fairs, festivals, or other transient events. Provided that events are located on property owned by the sponsoring non-profit organization, or are located within an A-1, C-1, C-2, C-3, I-1, I-2, or I-3 zoning district. Such uses shall not exceed eight (8) weeks in duration without approval from the City.

Outdoor Commercial or Seasonal sales. Including Christmas tree or other holiday-related merchandise sales lots, provided that such facilities are not located in a residential zoning district.

Construction site offices. If located on the construction site itself.

Outdoor special sales. Provided that such sales operate no more than three (3) days in the same week and five (5) days in the same month and are located in commercial or industrial zoning districts.

Construction Batch Plants. In the I-1, I-2, or I-3 District, provided that:

No plant may be located within 600 feet of a developed residential use, park, or school.

The facility is located no more than one (1) mile from its job site. The Administrator may extend this distance to two (2) miles, if such extension avoids use of local streets by plant-related vehicles.

Hours of operation do not exceed twelve (12) hours per day.

The duration of the plant's operation does not exceed 180 days.

Additional temporary uses that the Administrator determines to be similar to the previously described uses in this section.

Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal with trash containers and recycling container placed near the area for exhibits, assemblies, and shows.

Temporary buildings shall comply with all site development regulations of the respective zoning district.

All temporary uses shall comply with access and circulation requirements of the Dyersville Code of Ordinances.

All temporary uses shall comply with signage and lighting requirements of the Dyersville Code of Ordinances.

The Administrator may establish other conditions that he/she deems necessary to ensure compatibility with surrounding land uses. Examples include but are not limited to:

Hours of operation.

Proof general liability insurance for the event.

Provision of public safety enhancements.