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Johnston City Zoning Code

CHAPTER 176

PRINCIPAL USE SPECIFIC STANDARDS

176.01 ADULT ESTABLISHMENT

  • 1.
    No adult establishment shall be established or operated within 660 feet of any other such business; of any school, place of worship, residence, park, or public building on the same street; or of any property in an R or CD District.
    1. A.
      Such distance shall be measured on a straight line from the nearest vehicular or doorway entry into such business to the nearest point on the property line of any other adult business; of any school, place of worship, residence, park, or public building on the same street; or of any property in an R or CD District.
    2. B.
      Said distance may be reduced by a Special Exception upon finding by the Board of Adjustment that such reduction will not be contrary to the public interest or injurious to nearby properties.
  • 2.
    All doorway entries, windows, or other openings shall be so located or screened as to prevent view into the interior of such building from any street or other public area.
  • Effective on: 5/1/2023

    176.02 ANIMAL BOARDING, SHELTER, OR DAYCARE CENTER

  • 1.
    Use shall meet all requirements of Iowa Code chapter 162 and Iowa Administrative Code chapter 21-67 pertaining to boarding kennels, commercial kennels, animal shelters, pounds, and dealers.
  • 2.
    An odor mitigation plan shall be provided to demonstrate how impacts from odors will be minimized.
  • 3.
    Disposal of animal waste shall conform to the current Polk County Local Board of Health rules and regulations.
  • 4.
    All outdoor areas for animals shall be enclosed with a fence.
  • 5.
    A facility sharing a common building wall, ceiling, or floor plate with another use or structure must provide engineering detail demonstrating sound attenuation to sound transmission class (STC) rating of 55 or higher for such common walls and ceilings. Noise testing by a qualified noise professional may be required as a condition of approval prior to issuance of a building certificate of occupancy.
  • 6.
    All outdoor designated areas for animals shall be located a minimum of 100 feet from a residential property line.
  • 7.
    An indoor facility must be located at a minimum of 50 feet from a residential property line.
  • 8.
    Any animals being boarded overnight shall be confined within an indoor area between the hours of 9:30 p.m. and 6:30 a.m. Animals shall be allowed to be outdoors between 9:30 p.m. and 6:30 a.m. when supervised by a person and only for the purpose of urination or defecation.
  • Effective on: 5/1/2023

    176.03 ANIMAL/VETERINARY CLINIC OR HOSPITAL

  • 1.
    All principal structures and uses shall be located a minimum of 50 feet from any residential property line.
  • 2.
    Disposal of animal waste shall conform to the current Polk County Local Board of Health rules and regulations.
  • 3.
    Boarding may be provided for animals as part of medical services.
  • 4.
    Any pets being boarded overnight shall be confined within an indoor area between the hours of 9:30 p.m. and 6:30 a.m.
  • 5.
    Any building or room within a building in which animals are housed on an overnight basis shall not have openings other than stationary windows and required fire exits.
  • 6.
    Outdoor exercise areas shall be enclosed on all sides by a sight-obscuring, solid fence or wall at least five (5) feet in height.
  • Effective on: 5/1/2023

    176.04 AUTO FUELING

  • 1.
    Up to 12 double-sided fuel pumps shall be allowed on one (1) site.
  • 2.
    Each side of the fuel pump shall provide a vehicle fueling space at least 12 feet wide and 20 feet long.
  • 3.
    Setbacks
    1. A.
      All aboveground fuel pumps and tanks shall meet principal structure setbacks for the zoning district in which they are located.
    2. B.
      All underground fuel pumps and tanks shall be setback a minimum of five (5) from any property line.
  • 4.
    Fuel pump island canopies shall be setback a minimum of 20 feet from any side or rear lot line and 10 feet from any public right-of-way.
  • 5.
    All fuel pump island canopy columns shall be wrapped in brick or stone or similar materials.
  • 6.
    Fuel Island Messaging
    1. A.
      Fuel island messaging shall be located internal to the site and oriented toward a fuel island.
    2. B.
      Message Area
      1. 1.
        The total allowable area of fuel island messaging shall be the actual square footage of one (1) message face.
      2. 2.
        No more than 15 square feet of fuel island messaging area shall be permitted per pump located within the fuel island. For example, a fuel island with six (6) pumps would be allowed 90 square feet of messaging area within the fuel island.
      3. 3.
        Signs meeting the requirements of Section 187.04 EXEMPTIONS shall not count toward the permitted fuel island message area.
    3. C.
      The minimum setback required for fuel island messaging shall be the same as required for the fuel island canopy on that lot.
    4. D.
      Fuel island messaging shall not be installed at a height greater than eight (8) feet.
  • Effective on: 5/1/2023

    176.05 AUTO REPAIR (MAJOR AND MINOR)

  • 1.
    Any portion of a building used for repair shall be located at least 30 feet from any R district and shall have no openings adjoining any R district.
  • 2.
    No outdoor storage, with the exception of customer vehicles waiting for repair or pick-up, is permitted on the property unless otherwise permitted as an accessory use.
  • 3.
    All petroleum products, anti-freeze, and hazardous materials shall be disposed of in accordance with local and state regulations.
  • 4.
    All necessary permits shall be obtained from the proper authorities prior to the operation of the auto repair use.
  • 5.
    In the C-2 or C-3 district the following shall also apply:
    1. A.
      The use, including outdoor parking areas, shall be screened from all adjacent residentially-zoned property, including any properties directly across the street from the facility.
    2. B.
      All repair and service activities shall be completed within an enclosed building, including storage of parts and machines.
  • Effective on: 5/1/2023

    176.06 BED AND BREAKFAST INN

  • 1.
    The establishment shall conform to State Health and Building Code requirements.
  • 2.
    All bed and breakfast inns shall be subject to and comply with Section 137C of the Iowa State Code.
  • 3.
    The only meal served to guests shall be breakfast and only guests shall be served.
  • 4.
    Guests shall not stay for more than 14 days within any 90-day period.
  • 5.
    No cooking or cooking facilities shall be allowed or provided in the guest rooms.
  • Effective on: 5/1/2023

    176.07 BREWERY, WINERY, DISILLERY

  • 1.
    Compliance with all applicable provisions of state and local law and obtain all required licenses.
  • 2.
    Owner/operator shall install all standard or necessary equipment to ensure that detectable odors coming from brewing/distilling operation are eliminated to prevent odors from presenting a public nuisance.
  • 3.
    No exterior storage is allowed including but not limited to: brewing/distilling equipment, product, raw materials or waste materials unless otherwise permitted as an accessory use.
  • 4.
    Regardless of the size of the principal use, one (1) loading and unloading area greater than 22 feet in length must be provided off-street.
  • Effective on: 5/1/2023

    176.08 CAR WASH

  • 1.
    Exterior washing shall only be permitted in the E-2, M-1, and M-2 zoning districts.
  • 2.
    Vacuums accessory to the car wash use are permitted.
  • Effective on: 5/1/2023

    176.09 COMMERCIAL RECREATION, OUTDOOR

  • 1.
    All structures, such as maintenance facilities or concession stands, and portions of the parcel used for the outdoor commercial recreation, including temporary structures, shall be set back a minimum of 100 feet from any existing residential dwelling on an adjacent parcel.
  • 2.
    Local and state health and liquor regulations shall be met if food or beverages are served.
  • 3.
    No overnight accommodations shall be provided.
  • Effective on: 5/1/2023

    176.10 CONSTRUCTION CONTRACTOR YARD

  • 1.
    Use shall be located at least 200 feet from any R district.
  • 2.
    Use shall be surrounded by a solid fence, berm, or evergreen planting screen completely preventing a view from any other property or public right of way.
  • 3.
    A landscape buffer area at least 20 feet wide shall be provided along any public right-of-way. The buffer shall contain plant materials as described for a 20-foot wide buffer in Section 182.04.
  • 4.
    Outdoor storage related to the construction contractor yard shall not exceed the height of the fence above except for the following items:
    1. A.
      Vehicles
    2. B.
      Construction equipment
    3. C.
      Agricultural equipment
    4. D.
      Unstacked shipping containers
  • Effective on: 5/1/2023

    176.11 DWELLING, APARTMENT (ALL)

  • 1.
    The total private outdoor amenity space provided for the development shall be at least 75 square feet per person based on Table 176.1.
  • Table 176.1 Outdoor Amenity Space Requirements
    Number of BedroomsOccupancy Rate
    Studio1.25 people/unit
    1-Bedroom1.25 people/unit
    2-Bedroom1.75 people/unit
    3-Bedroom3.00 people/unit
    Table 176.1 Outdoor Amenity Space Requirements
    Number of BedroomsOccupancy Rate
    Studio1.25 people/unit
    1-Bedroom1.25 people/unit
    2-Bedroom1.75 people/unit
    3-Bedroom3.00 people/unit
    1. 2.
      Each development shall provide at least one contiguous, communal private outdoor amenity space that is at least 2,000 square feet in size and 20 feet in width.
    2. 3.
      No more than 50 percent of the required private outdoor amenity space above 2,000 square feet shall be individual unit spaces, such as a deck, balcony, or patio.
      1. A.
        For a deck, balcony, or patio to count towards private outdoor amenity space the area shall have a minimum depth of six (6) feet and a minimum width of six (6) feet) and directly accessible from the dwelling unit the space is intended to serve.
    3. 4.
      Each communal private outdoor recreational space shall:
      1. A.
        Be designed to meet the needs of anticipated residents of the development.
      2. B.
        Be connected to the dwelling units by a trail or sidewalk, unless the space is located on the rooftop of a building.
      3. C.
        Be landscaped and include natural or manmade screening to buffer adjacent residences.

    Effective on: 5/1/2023

    176.12 DWELLING, APARTMENT MIXED USE

  • 1.
    Exclusive of required entrances, the residential use and any parking may not occupy the front one-half (½) of the first story floor area. For corner or through lots, the standard shall be applied to one (1) street frontage as determined by the Zoning Administrator in consultation with the applicant. Non-residential uses as permitted within the applicable zoning district shall be allowed in the front one-half (½) of the first story floor area.
  • 2.
    For any part of a building whose rear building line is located within 100 feet of a public parking lot, the residential use may not occupy the rear one-half (½) of the first story floor area.
  • Effective on: 5/1/2023

    176.13 DWELLING, ATTACHED TWO UNIT (TWINHOME)

    For the purposes of creating a desirable neighborhood appearance, no two (2) dwellings with the same exterior configuration shall be erected in the R-1, R-2, and R-3 Districts on any three (3) abutting or successive lots fronting the same street leading in any direction, including fronting on the same or two (2) intersecting streets as shown in Figure 176.1. The alteration of the exterior configuration shall be accomplished by using three (3) or more of the following methods:

    1. 1.
      Varying a portion of the front setback line slightly so as to eliminate “row” design;
    2. 2.
      Utilizing varying amounts of brick or stone trim;
    3. 3.
      Installing shutters;
    4. 4.
      Using exterior colors compatible but not the same as those on neighboring dwellings;
    5. 5.
      Utilizing a mixture of hip roofs and gable roofs;
    6. 6.
      Incorporating a bay window or gabled dormer;
    7. 7.
      Including a porch at least six (6) feet deep;
    8. 8.
      Recessing a portion of the façade at least six (6) feet in length by at least two (2) feet of depth;
    9. 9.
      Varying the garage configuration by setting the garage back 6 feet from the front of the living area of the home, using a side load garage, using individual garage doors, and/or setting the third stall at least two feet back from the other garage doors; and
    10. 10.
      Utilizing built-out or extended entrances.
    Figure 176.1 Exterior Configuration
    Exterior Configuration

    Effective on: 5/1/2023

    176.14 DWELLING, DETACHED COTTAGE COURTYARD

  • 1.
    Each cottage shall be limited to 1,200 square feet of gross floor area.
  • 2.
    The minimum distance between dwelling units shall be 10 feet.
  • 3.
    Dwelling units shall be limited to a height of 25 feet.
  • 4.
    The architectural design of the cottages shall vary through the use of at least two of the following:
    1. A.
      Utilizing a mixture of hip roofs and gable roofs;
    2. B.
      Incorporating a bay window or gabled dormer;
    3. C.
      Varying the amount of brick or stone trim on dwellings;
    4. D.
      Including a porch at least six (6) feet deep and six (6) feet wide;
    5. E.
      Installing shutters;
    6. F.
      Using exterior colors compatible but not the same as those on neighboring dwellings;
    7. G.
      Recessing a portion of the façade at least six (6) feet in length by at least two (2) feet of depth;
    8. H.
      Varying the placement of garages; and
    9. I.
      Utilizing built-out or extended entrances.
  • 5.
    Each cottage courtyard development shall provide a shared courtyard which is centrally located, allowing each dwelling unit to be located adjacent to the shared courtyard. The minimum width and depth of the shared courtyard shall be 20 ft.
  • 6.
    Each dwelling with street frontage shall have a principal entrance facing the front property line and street. Each dwelling that does not have street frontage shall have a principal entrance facing the shared courtyard.
  • 7.
    Pedestrian paths shall be provided to ensure pedestrian access from each individual dwelling unit to the front property line and street.
  • 8.
    Developments with more than 30 bedrooms shall meet the recreational amenity requirements set forth in Section 176.11.
  • 9.
    Any parking, trash, or driveways which are located along the perimeter of the site shall be screen with fencing and landscaping from adjacent development.
  • 10.
    No cottage shall be allowed to have an accessory dwelling unit.
  • 11.
    Each cottage can be subdivided into an individual lot for rental and ownership opportunities.
  • Effective on: 5/1/2023

    176.15 DWELLING, MANUFACTURED HOME

    If located outside of the R-5 zoning district, a manufactured home or mobile home dwelling shall follow all of the zoning standards and building code requirements of a single-unit dwelling.

    Effective on: 5/1/2023

    176.16 DWELLING, SINGLE-UNIT

    Any single-unit dwelling shall abide by the residential exterior configuration standards as required by Section 176.13.

    Effective on: 5/1/2023

    176.17 DWELLING, TOWNHOUSE (3-8 UNITS PER BUILDING)

  • 1.
    Each individual townhouse unit shall have a minimum building width of 20 feet.
  • 2.
    No garage shall extend the full width of the public street-facing façade of any individual unit. This façade shall include a window and/or door on the first floor.
  • 3.
    Any development with more than 30 bedrooms shall provide the private recreational amenity space as required by Section 176.11.
  • Effective on: 5/1/2023

    176.18 DWELLING, TWO-UNIT (DUPLEX)

    Any two-unit dwelling shall abide by the residential exterior configuration standards as required by Section 176.14.

    Effective on: 5/1/2023

    176.19 RESIDENTIAL CARE FACILITY

  • 1.
    In the R-E, R-1, and R-2 zoning districts:
    1. A.
      Residential care facilities shall be limited to no more than eight (8) residents.
    2. B.
      Residential care facilities shall be designed to the size, scale, and appearance of a single- or two-unit home.
  • 2.
    Elder group homes as defined by State Statute shall only be permitted in the R-E, R-1, R-2, R-3, R-4, and R-5 districts.
  • Effective on: 5/1/2023

    176.20 LIVE/WORK UNIT

  • 1.
    Any commercial use permitted in the zoning district applicable to the property is permitted in the live/work unit.
  • 2.
    Live/work units located at street level shall have at least 75 percent of the structure’s street front façade occupied by the non-residential use.
  • 3.
    Within each live/work unit, there shall be at least 300 square feet of living area.
  • Effective on: 5/1/2023

    176.21 MACHINE SHOP

    All repair and service activities shall be completed within an enclosed building, including storage of parts and machines.

    Effective on: 5/1/2023

    176.22 MAKERSPACE

  • 1.
    In the MU-2, C-2, and C-3 districts, makerspaces shall be no larger than 1,500 square feet in size. There is no size limit for makerspaces in the E-1, E-2, and M-1 districts.
  • 2.
    The makerspace may include a showroom or retail outlet and associated facilities such as offices and small-scale warehousing as part of the total area of the use.
  • 3.
    In the MU-2, C-2, and C-3 districts, distribution of goods is limited to vans and small trucks.
  • 4.
    Distribution shall be from a designated loading area.
  • Effective on: 5/1/2023

    176.23 MANUFACTURED HOME COMMUNITY

  • 1.
    All manufactured dwelling lots shall be served and connected to public sanitary sewers, water mains, and storm sewers and other drainage improvements.
  • 2.
    All manufactured dwelling lots shall be served and connected to public or private streets, trails, and sidewalks.
  • 3.
    A landscape buffer area at least 30 feet wide shall be provided along each perimeter lot line. The buffer shall contain plant materials as described for a 30-foot wide buffer in Section 182.04.
  • 4.
    A building or buildings capable of sustaining tornado force winds and other severe weather situations shall be provided of such size necessary to provide safe shelter to all residents of the park, as determined by standards set by the Federal Emergency Management Agency, State of Iowa, or other qualified entity that is acceptable to the City. Such shelters shall be placed in a location that is reasonably central, shall be connected via trails or sidewalks, and shall be operated in a manner that makes the shelter easily and readily accessed by the park residents at the time of any emergency.
  • 5.
    The layout of a manufactured home park shall meet the following minimum standards:
    1. A.
      Each home lot shall be at least 50 feet by 100 feet in area.
    2. B.
      Each home shall be located at least five (5) feet all lot lines.
    3. C.
      Any accessory structure shall be located at least 10 feet from any home and no more than 15 feet in height.
    4. D.
      Each home lot shall have at least 1,200 square feet of usable outdoor open space. The usable outdoor open space must be at least 25 feet in width.
    5. E.
      Minimum required open space 30 percent.
  • 6.
    Developments with more than 30 homes shall meet the recreational amenity requirements set forth in Section 176.11.
  • Effective on: 5/1/2023

    176.24 MANUFACTURING

  • 1.
    In the E-2 and M-1 districts, all manufacturing, assembling, compounding, processing, packaging, and other comparable treatment, shall take place within completely enclosed buildings.
  • 2.
    All heavy industrial uses and structures permitted by shall be located more than 200 feet from any R District.
  • Effective on: 5/1/2023

    176.25 PUBLIC ASSEMBLY

  • 1.
    Parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with CHAPTER 182 Buffering and Screening Standards.
  • 2.
    When adjacent to, or across the street from, a property zoned residential or designated residential in the Comprehensive Plan, the side yard setback, rear yard setback, and parking setbacks shall be double the standard requirement, but no less than 30 feet.
  • 3.
    It shall be permissible to serve food and meals on such premises, provided adequate dining space and kitchen facilities are available.
  • 4.
    Serving of alcoholic beverages to members and their guests shall be allowed providing such serving is secondary and incidental to the operation of the dining space for the purpose of serving food and meals and providing further that serving of alcoholic beverages is in compliance with the applicable Federal, State and Municipal laws. A liquor license is required from the City.
  • Effective on: 5/1/2023

    176.26 SCRAP, SALVAGE, JUNK YARD

  • 1.
    The yard shall be completely enclosed with a wall or fence, reasonably maintained, which is at least eight (8) feet in height and completely obscuring the activity.
    1. A.
      There shall be only one (1) opening in the wall or fence facing any public street for each 200 feet of length.
  • 2.
    Compliance with all necessary state and local licensing as well as all state and federal environmental regulations.
  • 3.
    Travelways through the storage yard shall be maintained to allow for fire and emergency access.
  • 4.
    A landscape buffer area at least 50 feet wide shall be provided along any public right-of-way. The buffer shall contain plant materials as described for a 50-foot wide buffer in Section 182.04.
  • 5.
    Any wrecking operation shall be carried on within a building completely enclosed with walls and a roof.
  • 6.
    All vehicle fluid draining shall be conducted within a building.
  • 7.
    Vertical stacking of vehicles shall not be permitted on the property where they are visible from public right-of-way or adjacent properties.
  • 8.
    Hours of operation, including deliveries and hauling to and from the property, shall be between 7:00 a.m. and 7:00 p.m.
  • 9.
    All petroleum products, anti-freeze and hazardous materials shall be disposed of in accordance with local and state regulations.
  • 10.
    Any buildings, salvage yard, salvage parking areas, loading areas, and dumpsters as well as any outdoor storage areas or equipment shall be enclosed within a solid perimeter fence eight (8) feet in height. The fence shall be faced with aluminum or galvanized steel panels and coated with a non-reflective neutral earth tone color.
  • 11.
    Storage kept outside of a building shall not be located in the front yard.
  • Effective on: 5/1/2023

    176.27 STORAGE FACILITY, PERSONAL

  • 1.
    Facility shall consist of a permanent structure(s) only; temporary/mobile storage units, such as storage pods and shipping containers, are prohibited.
  • 2.
    Individual storage units shall be used for dead storage only. Storage units shall not be used for retail, commercial, human habitation, office, workshop, studio, hobby or rehearsal area, manufacturing or processing of goods, or repair/service of autos or equipment. Auctions, garage or estate sales are prohibited.
  • 3.
    Storage of flammable, hazardous or perishable materials and keeping of animals is prohibited.
  • 4.
    All doors to the storage units shall be accessed from an internal driveway.
  • 5.
    Doors to the storage units shall not face a residential district
  • 6.
    The entire facility shall be secured by either the walls of the structure(s) and/or fencing.
  • 7.
    The use shall be screened from view of any residential use, R district, or public right-of-way.
  • 8.
    All areas intended for driving, parking and loading shall be paved with asphalt or concrete.
  • 9.
    Outdoor storage, including vehicles and boats, is prohibited in the E-2 district. Outdoor storage is allowed in the M-1 and M-2 district as long as the following standards are met:
    1. A.
      The outdoor storage shall be surrounded by a solid fence and evergreen planting screen completely obscuring the use from any other property or public right of way. A chain link fence with slats may be used for screening purposes if used in conjunction with evergreen plantings.
    2. B.
      A landscape buffer area at least 20 feet wide shall be provided along any public right-of-way. The buffer shall contain plant materials as described for a 20-foot wide buffer in Section 182.04.
    3. C.
      Outdoor storage shall not exceed the height of the fence used in Item A above except for the following items:
      1. 1.
        Vehicles
      2. 2.
        Construction equipment
      3. 3.
        Agricultural equipment
      4. 4.
        Unstacked shipping containers
  • Effective on: 5/1/2023

    176.28 STORAGE YARD

  • 1.
    Use shall be surrounded by a solid fence, berm, or evergreen planting screen completely preventing a view from any other property or public right of way.
  • 2.
    A landscape buffer area at least 20 feet wide shall be provided along any public right-of-way. The buffer shall contain plant materials as described for a 20-foot wide buffer in Section 182.04.
  • 3.
    Outdoor storage shall not exceed the height of the fence above except for the following items:
    1. A.
      Vehicles
    2. B.
      Construction equipment
    3. C.
      Agricultural equipment
    4. D.
      Unstacked shipping containers
  • 4.
    The use shall be located at least 200 feet from any R district.
  • Effective on: 5/1/2023

    176.29 WIRELESS FACILITY, MACRO

  • 1.
    Scope, Purpose, and Policy
    1. A.
      The provisions of this Section apply to:
      1. 1.
        The siting of new towers.
      2. 2.
        An application for initial placement or installation of transmission equipment on wireless support structures.
      3. 3.
        For modification of an existing tower or existing base station that constitutes a substantial change.
      4. 4.
        For a request for construction or placement of transmission equipment that does not constitute an eligible facilities request.
    2. B.
      This Section does not apply to the placement, construction, and modification of small wireless facilities or micro wireless facilities.
    3. C.
      It is the intent of this Ordinance to uphold the provisions of Section 704 of the Telecommunications Act of 1996 and Iowa Code Chapter 8C. It is the intent of this Ordinance not to discriminate unreasonably among providers of functionally equivalent services and not to have the effect of prohibiting the provision of wireless services. Any request for authorization to place, construct, or modify personal wireless communications facilities shall be acted on within a reasonable time after the request is duly filed with the proper city office, taking into account the scope and nature of such request.
    4. D.
      Any decision to deny a request to place, construct, or modify a wireless communications facility shall be in writing and supported by substantial evidence contained in a written record.
  • 2.
    Administration
    1. A.
      Administrative approval from the Zoning Administrator shall be required for a request for construction or placement of transmission equipment that does not constitute an eligible facilities request.
    2. B.
      The Zoning Administrator shall make its final decision to approve or disapprove any application related to wireless facilities within 90 day of receipt of a complete application, unless another date is specified in a written agreement between the City and the applicant.
    3. C.
      A Special Use Permit issued by the Board of Adjustment shall be required for the following:
      1. 1.
        The siting of a new tower.
      2. 2.
        An application for initial placement or installation of transmission equipment on wireless support structures.
      3. 3.
        For modification of an existing tower or existing base station that constitutes a substantial change. A substantial change is defined in Iowa Code Section 8C.2(13).
    4. D.
      The Board of Adjustment shall make its final decision to approve or disapprove any application related to wireless facilities within 90 days of receipt of a complete application unless another date is specified in a written agreement between the City and the applicant.
    5. E.
      Any other activity on a cell tower site not directly related to the operation of the tower and related tower equipment, such as additional business or non-essential storage, is prohibited unless approved pursuant to a Special Use Permit.
    6. F.
      Engineering data and certification by a licensed professional engineer assuring that the installation is structurally sound within the standards of good engineering practice shall be provided to the City Building Official prior to the issuance of a Building Permit for any additional antenna installed on an existing tower, base station, or wireless support structure.
  • 3.
    Cell Site Standards

    The following standards and procedures shall apply to the issuance of an administrative approval by the Zoning Administrator and issuance of a Special Use Permit by the Board of Adjustment for a cell site with antenna:

    1. A.
      Monopoles Required. All towers shall be “monopole.”
    2. B.
      Tower Height.
      1. 1.
        The height of a tower, inclusive of any related equipment thereon, shall not exceed 180 feet unless additional height is required due to the type of transmission equipment or technology proposed by the applicant.
      2. 2.
        No antenna or tower shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.
    3. C.
      Setbacks from Base of Tower.
      1. 1.
        The minimum distance between the base of the support or any guy anchors and any property line shall be equal to 50 percent of the antenna height.
      2. 2.
        A tower shall be set back from the property line of any adjoining residentially zoned property a distance equal to the height of the tower and its related equipment, unless a lesser setback is required due to the type of transmission equipment or technology proposed by the applicant.
    4. D.
      Antenna Support Structure Safety. The applicant shall demonstrate, to the reasonable satisfaction of the Board of Adjustment or Zoning Administrator that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
    5. E.
      Screening. For ground-mounted equipment, appropriate screening at least six (6) feet in height shall be installed composed of wood, masonry material, or other substantial materials. Landscaping may also be required.
    6. F.
      Painting and Visual Aesthetics. The design of towers, antennas, and base stations should minimize the adverse visual impact of the facility through siting, landscape screening, and stealth techniques:
      1. 1.
        Towers shall either maintain a galvanized steel finish (dull gray or white) or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness to the maximum extent possible.
      2. 2.
        The design of the base station and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
      3. 3.
        The wireless facility shall be designed to complement the physical landscape in which they are intended to be located. Examples of stealth techniques that may be compatible include but are not limited to faux trees, unipoles/slick sticks, bell towers, etc. New stealth towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. New freestanding structures shall be designed to be compatible with adjacent structures and landscapes with specific design considerations such as architectural designs, scale, color, and texture.
      4. 4.
        Conduit or cable must be concealed on towers with externally mounted equipment.
      5. 5.
        The use of internally mounted or flush mounted technology is encouraged when adjacent to residential areas, prominent commercial areas, and prominent entryways to the City.
    7. G.
      Air Safety. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations.
    8. H.
      Separation Requirements. Towers exceeding 50 feet in height, except those incorporating stealth techniques, shall be placed at minimum one quarter (1/4) mile apart.
    9. I.
      Access. All access to cell sites must be hard surface (PCC or HMA) unless approved otherwise subject to a Special Use Permit by the Board of Adjustment. Placement of a tower shall not affect the use or access to required parking of a principal use on site.
  • 4.
    Temporary Towers
    1. A.
      Temporary towers are prohibited in all residential districts.
    2. B.
      Temporary towers exceeding 180 feet in height shall require a Special Use Permit.
    3. C.
      A building permit shall be obtained for any temporary tower.
    4. D.
      Financial Security must be submitted prior to approval of a building permit to ensure that upon removal of a temporary tower the site is returned to its original condition.
  • 5.
    Removal. If a cell site, or any antenna support structure, is not used for a period of one (1) year, it shall be the duty and obligation of the party then in possession and control of the site to have the unused antenna support structure and any other unused cell site apparatus completely dismantled and removed from the site.
  • Effective on: 5/1/2023

    176.30 WIRELESS FACILITY, SMALL

    All small wireless facilities, including micro cell facilities, shall adhere to the City’s “Small Wireless Facility and Antenna/Tower Right-of-Way Siting” policy and the associated “Small Wireless Facility Design Guidelines.”

    Effective on: 5/1/2023