Linn County Unincorporated
City Zoning Code

ARTICLE VI

- SPECIFIC DEVELOPMENT STANDARDS

Sec. 107-111. - Introductory provisions.

(a)

Purpose. The purpose of this article is to provide standards that must be met for specified allowed land uses before issuance of any zoning permit. Table 107-147-1 lists permitted, conditional and accessory uses allowed in each zoning district. Table 107-147-1 also indicates when development standards in this article apply to listed uses. The section and subsection headings in this article conform to use categories and use types listed in Table 107-147-1.

(b)

Applicability. The standards in this article apply to the uses listed below within the zoning districts in which they are allowed, whether the uses are permitted, conditional or accessory. The standards in this article shall apply in addition to the general criteria for conditional uses in section 107-73, and all other applicable regulations. Standards shall apply in all districts where the use is allowed.

(c)

Exempted agricultural uses. It is not the intent of this article to control uses that qualify for the farm exemption contained in section 107-92.

(d)

Planned unit development overlay district. Uses allowed in a planned unit development overlay district, as well as applicable standards, shall be established in an associated approved governing plan, which prevails over any conflicting regulations in this section.

(e)

Agricultural experience. Uses that are determined to be an agricultural experience shall only conform to subsection(c) of section 107-112 which prevails over any conflicting regulations in this section.

(Code 2006, ch. 41, art. 6, § 1; Ord. No. 11-9-2020, § 1(Att. A), 9-9-2020; Ord. No. 12-11-2023, § 3, 11-15-2023)

Sec. 107-112. - Standards for agricultural uses.

(a)

Agriculture, horses and non-commercial livestock on lots in VR, VM, RR or USR zoning districts. On parcels with zoning classifications of VR Village Residential District, VM Village Mixed District, RR1, RR2 or RR3 Rural Residential Districts, or USR Urban Services Residential District, the following standards shall apply to the keeping of horses and other non-commercial livestock:

(1)

Number of animals per lot. Horses and non-commercial livestock are limited to the maximum animal densities as shown in Table 107-112 below. Density ratios shall not exceed the limits of any single category or any combination thereof. Waste disposal shall comply with state waste disposal requirements.

(2)

Juvenile animals. The number of juvenile animals less than eight months of age is not limited provided they are offspring to the allowed adult animals.

(3)

Show animals. Small animals kept primarily for the purpose of display and exhibition at fairs and like events and not for commercial purposes shall not count towards the 12 animal per acre limit.

Table 107-112 Maximum animal densities in VR, VM, RR or USR districts

Size and Type of Animals	VR, RR1/RR2/RR3 District	VR, VM, USR and USR-MF District
Large animals: horses, cattle, llamas, elk, deer, and other similar animals	One per acre	One per acre only on lots of three acres or larger
Intermediate animals: sheep, swine, goats, geese, turkeys, pea fowl, and other similar animals	Three per acre	Three per acre only on lots of three acres or larger and excluding swine
Small animals: domestic fowl, rabbits, chinchillas, and other similar size animals	Twelve (12) per acre. For parcels less than one (1) acre in size, no more than twelve total	Twelve (12) per acre. For parcels less than one (1) acre in size, no more than twelve total

(b)

Agriculture, farm stands. The following standards shall only apply to farm stands that are not designated as an agricultural experience:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval.

(2)

Parking. Off-street parking shall be provided outside the road right-of-way.

(3)

Setbacks. Farm stand structures shall meet the minimum required building setback specified for the zoning district.

(c)

Agriculture, experiences.

(1)

Tier I. Tier I agricultural experiences include all activities not designated as a Tier II agricultural experience.

Agricultural experience worksheet. The proposal shall meet the State of Iowa definition of an "agricultural experience".

Parking standards. No required minimum number of spaces.

Exempt from article V, section 107-93(e), except as required by federal ADA requirements.

All parking required to be off-street.

(2)

Tier II. Tier II agricultural experiences include, but are not limited to, winery, brewery, cider mill, distillery, bar/restaurant, farm store, event space, banquet hall, reception facility or wedding venue.

Agricultural experience worksheet. The proposal shall meet the State of Iowa definition of an "agricultural experience".

Site plan required. A site plan shall be submitted and reviewed prior to the approval of tier II agricultural experience activities. Either a minor or major site plan will be required in accordance with section 107-71(1).

Technical review committee. Upon receipt of a request for a Tier II agricultural experience use, planning and development staff shall forward the request to the technical review committee. The technical review committee shall review the request for conformance with this chapter, the comprehensive plan, and other applicable plans, regulations and design standards. After review, planning and development staff shall contact the requestor to discuss all required conditions for approval. A review of the request and all applicable conditions of the technical review committee shall be completed prior to commencement of agricultural experience activities.

Parking standards. Off-street parking shall be required according to section 107-93 excepting subsection 107-93(e)(5)e.1.

Required parking spaces to be provided as directed by Table 107-93.

All parking required to be off-street.

Overflow parking areas may be required and shall be identified on the major site plan.

Handicapped parking. Off-street parking areas shall be designed to meet the number, placement, size and marking and identification requirements for handicapped parking contained in 42 USC 12181-9 and I.C.A. § 321L.5.

Licenses and permits. Facilities must obtain all required local, state and federal licenses or permits, including building permits for all structures to be used by the public for agricultural experience purposes.

(Code 2006, ch. 41, art. 6, § 2; Ord. No. 7-6-2006, 7-1-2006; Ord. No. 6-4-2021, § 1(Att. A); Ord. No. 12-11-2023, §§ 4, 5, 11-15-2023; Ord. No. 6-9-2024, § 2, 9-11-2024)

Sec. 107-113. - Standards for residential uses.

(a)

Household living, single-family detached dwelling. All single-family detached dwellings shall meet the following standards:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a single-family dwelling.

(2)

Narrowest dimension. The narrowest dimension shall be at least 22 feet for the entire length of the main structure.

(3)

Foundation and property type. The structure must have a permanent foundation, be assessed as real property and be taxed as real estate.

(4)

VR district parking location. In the VR Village Residential District parking shall not be located in the front yard or between the front facade and the street except on a permitted driveway providing access to parking areas beyond the front yard.

(b)

Household living, two-family dwelling. All two-family dwellings, not including accessory dwellings units, shall meet the following standards:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a two-family dwelling.

(2)

Front entrance location. Access to each dwelling unit shall be through a separate entrance. Each unit shall have an entrance located on the facade fronting a public or private street, private lane, or access easement.

(3)

VR and USR-MF district parking location. In the VR Village Residential and USR-MF Urban Services Residential-Multi-Family Districts, parking shall not be located in the front yard or between the front facade and the street (including public or private street, private lane, or access easement) except on a permitted driveway providing access to parking areas beyond the front yard.

(4)

VR district separation distance. In the VR Village Residential District, new housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no two-family dwelling shall be constructed and no single-family dwelling shall be converted to a two-family dwelling within a distance of 300 feet from any other two-family or multifamily dwelling located within the same block.

(5)

Minimum levels of service. Minimum levels of service as specified in appendix A are required to be provided.

(c)

Household living, single-family attached dwelling, including zero lot line, townhouse, rowhouse, or condominium dwellings. All single-family attached dwellings shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a single-family attached dwelling.

(2)

Maximum number of units. A maximum of four units are permitted to be attached in a row.

(3)

(4)

Size of garage. If a garage faces the street, it shall occupy no more than 50 percent of the facade.

(5)

Minimum levels of service. Minimum levels of service as specified in appendix A are required to be provided, with the following exception:

(i)

Village districts public utilities required. In the VR Village Residential or VM Village Mixed-Use Districts, single-family attached dwellings are allowed only if a public wastewater system is available to serve the units.

(6)

Village districts parking location. In the VR Village Residential or VM Village Mixed-Use District, parking shall not be located in the front yard or between the front facade and the street (including public or private street, private lane, or access easement) except on a permitted driveway providing access to parking areas beyond the front yard.

(7)

VR district maximum per block. In the VR Village Residential District, no more than one-quarter of the linear frontage of a block may be developed as single-family attached dwellings.

(d)

Household living, Multiple-family and condominium dwellings. All multiple-family and condominium dwellings shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a multiple-family dwelling.

(2)

Front entrance location. The primary entrance shall be located on the facade fronting a public street (including public or private street, private lane, or access easement).

(3)

Parking location. No parking shall be located in the front yard or between the front facade and the street (including public or private street, private lane, or access easement) except on a permitted driveway providing access to parking areas beyond the front yard.

(4)

Design of structure. Multiple-family dwellings within existing neighborhoods shall be designed to reflect the general design of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing and size and placement of window and door openings. Exact replication of attributes of existing buildings is not expected, but rather sensitivity to neighborhood context.

(5)

Open space requirements. A minimum of 500 square feet of usable open space per unit shall be provided as common space for use by all residents or as private open space adjacent to each unit, or as a combination of public and private open space. Usable open space excludes parking areas, required landscape areas, land within a floodway, water bodies, and land with greater than 15 percent slope. Common open space shall be accessible to all residents of the development and shall measure at least 30 feet across at its narrowest dimension.

(6)

Minimum levels of service. Minimum levels of service as specified in appendix A are required to be provided, with the following exception: In the VM Village Mixed-Use District, multiple-family dwellings are allowed only if a public wastewater system is available to serve the units.

(e)

Household living, accessory dwelling unit. All accessory dwelling units shall meet the following standards:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of an accessory dwelling unit.

(2)

One allowed per parcel. Only one accessory dwelling unit shall be allowed per parcel and only when there is an existing single-family detached dwelling.

(3)

Where located. An accessory dwelling unit may be located within a principal dwelling, or as part of an attached or detached accessory structure. A tiny house may also be an accessory dwelling unit in accordance with regulations set forth in section 107-113(i) of this chapter. A manufactured or mobile home, converted to real property by being placed on a permanent foundation and assessed for real estate taxes may also be an accessory dwelling unit.

(4)

Location of entrance. Any new entrances to the principal building must face the side or rear of the building.

(5)

Maximum size. An accessory dwelling unit shall not exceed 1,200 square feet in floor area, or 50% of the size of the associated single-family detached dwelling, whichever is larger.

(f)

Household living, live-work unit. All live-work units shall meet the following standards:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a live-work unit.

(2)

Location of work space. The work space component must be located on the first floor or lower level of the building, with an entrance facing the adjoining street.

(3)

Location of living space and entrance. The dwelling unit component must be located above or behind the work space, and maintain a separate entrance located on the front or side facade and accessible from the adjoining street.

(4)

Work space size limited. The work space component of the unit shall not exceed 30 percent of the total floor area of the live-work unit.

(5)

Parking. A total of two additional off-street parking spaces for the dwelling unit shall be provided for a live-work unit, located to the rear of the unit, or underground or enclosed.

(6)

Work space uses limited. The work space component shall be limited to those uses permitted in the district where the live-work unit is located and that do not require a separation from residentially zoned or occupied property. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, or vehicle service or repair for any vehicles other than those registered to residents of the property.

(g)

Household living, seasonal dwelling (cabins). The standards in section 107-143, REC seasonal cabin and recreation areas overlay district shall apply.

(h)

Household living, home occupations. Home occupations shall meet the standards listed below.

(1)

Conditional home occupations.

A conditional use permit shall be obtained for a home occupation that meets any of the following conditions:

One or more nonresident employee is on the premises at any one time. The number of nonresident employees working at locations other than at the premises of the home occupation is not limited;

The home occupation generates more than five customer/client visits in any one day or more than three customers/clients are present at any one time;

More than one commercial vehicle is parked/stored outside, or any business-related equipment or materials are stored outside;

Any portion of an accessory building is used as part of the home occupation; or

Home occupations must take place at the primary residence of the home occupation owner.

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a home occupation requiring a conditional use permit.

CUP time limited. A conditional use permit issued for a home occupation shall be subject to administrative renewal every five years.

Discontinuance of CUP. The conditional home occupation permit shall automatically be discontinued upon the sale, lease, rental or transfer of the property.

(2)

Permitted home occupations. Home occupations that do not require a conditional use permit as required in subsection (a) of this section shall be permitted if they meet all the provisions of subsection (c) of this section.

Change in intensity. If an established permitted home occupation changes in intensity to such an extent that it meets any of the threshold requirements in subsection (a) of this section for a conditional home occupation, the landowner shall apply for a conditional use permit or reduce the intensity of the use.

(3)

Requirements for both permitted and conditional home occupations.

Maximum floor area, nonresident employees, parking and maximum size of sign. Conditional and permitted home occupations shall comply with the floor area limits, limits on the number of nonresident employees on the premises at any one time, parking requirements, and requirements for maximum size of allowed signs in Table 107-113.

Table 107-113 Home Occupation Requirements Summary

Lot or Parcel size	Total floor area of home occupation		Maximum number of nonresident employees on premises at any one time		Minimum number of off-street parking spaces	Maximum size for allowed sign³
Lot or Parcel size	Permitted¹	Conditional²	Permitted	Conditional	Minimum number of off-street parking spaces	Permitted	Conditional
1.00 or Less	Limited to residence	750 sq. ft.	Not Allowed	1	2	Not Allowed	8 sq. ft.
1.01 to 1.99 acres	Limited to residence	1,000 sq. ft.	Not Allowed	1	2	Not Allowed	8 sq. ft.
2.00 to 4.99 acres	Limited to residence	1,200 sq. ft.	Not Allowed	2	3	Not Allowed	12 sq ft
5.00 to 9.99 acres	Limited to residence	1,750 sq. ft.	Not Allowed	3	4	Not Allowed	16 sq. ft.
10 acres or greater	Limited to residence	2,500 sq. ft.	Not Allowed	5	6	Not Allowed	32 sq. ft.
¹ Floor area of the home occupation must be subordinate to the floor area of the residence.
² Total floor area includes the sum of the area used for a home occupation in an accessory structure and residence.
³ Maximum sign height shall not exceed five feet in height. No illumination shall be permitted.

Parking/outdoor storage design. No outside storage shall be allowed. The board of adjustment may waive this requirement upon showing of a practical difficulty meeting this standard. Any permitted outside storage shall be included when determining the total floor area of the home occupation that is allowed.

Parking/outside storage areas must be located at least ten feet from adjacent property lines and be appropriately signed and screened. Location of parking in side or rear yards may be required depending upon the character of the area.

All parking areas shall have a dustless surface.

Number of home occupations. More than one conditional home occupation may be permitted per lot or parcel, however, the sum of the total area, nonresident employees on the premises at any one time, and parking limitations on the property shall not exceed those prescribed in this subsection.

Screening. Outside parking/storage areas meeting the standards of subsection (h)(3)b of this section shall be appropriately screened to maintain the character of the property.

Prohibited activities.

The following uses shall be prohibited as a home occupation in any zoning district:

(i)

Any use listed as a principal permitted use or as a conditional use in the zoning district for which the use is proposed.

(ii)

The home occupation shall not involve maintenance, repair, body work or painting of motor vehicles, recreational equipment or boats, although such vehicles or equipment owned and utilized for the home occupation may be maintained on the premises.

(iii)

Restaurants, clubs, drinking establishments.

(iv)

Adult entertainment uses.

(v)

Undertaking and funeral parlors.

(vi)

Daycare center, preschool or adult.

(vii)

Mini-warehouse and self-service storage.

In addition to those uses listed in subsection (h)(3)e.1 of this section, kennels, stables, and veterinarian clinics/hospitals shall be prohibited as a home occupation in the RR1, RR2, RR3, USR, USR-MF, VR, VM or CNR or MH districts.

(i)

Household living, tiny house. All tiny houses, shall meet the following standards:

(1)

When allowed. Tiny houses may be constructed:

For use as an accessory dwelling unit which must also meet the standards required for accessory dwelling units as provided in section 107-113(e), and must remain on the same property as the principal structure in perpetuity, or,

Within a planned unit development overlay district as described by the associated approved governing plan.

(2)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a tiny house.

(3)

Foundation and property type. The structure must have a permanent foundation, be assessed as real property and be taxed as real estate.

(j)

Group living, group home, congregate living, assisted living, nursing home for more than eight persons. Group homes, congregate living facilities, assisted living facilities and nursing homes, any of which is designed for more than eight persons, shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a congregate living facility, assisted living facility or nursing home designed for more than eight persons.

(2)

License required. The owner of the facility shall have obtained all required licensing from the state.

(3)

Planned services. The site shall be in an area planned for municipal or centralized utilities, including water supply and sewage treatment. The design and construction of the facility shall enable connection to future municipal or centralized utilities with minimal cost to the municipality.

(4)

Open space. The site shall contain a minimum of 150 square feet of open space per resident, consisting of outdoor seating areas, gardens and/or recreational facilities. Public parks or plazas within 300 feet of the site may be used to meet this requirement.

(5)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(k)

Group living, family group home for eight persons or fewer. Family group homes designed for eight persons or fewer shall meet the following standards:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a family group home for eight persons or fewer.

(2)

Licensing. The facility shall meet all state and federal license requirements.

(3)

Capacity. License capacity shall not exceed eight persons for a supervised residential program.

(4)

In a dwelling. The facility must be located within a single-family detached dwelling.

(5)

Separation requirements. New facilities shall not be located within contiguous areas equivalent in size to city block areas, consistent with I.C.A. § 335.25(3).

(6)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(l)

Group living, dormitory, student housing. Dormitories and student housing shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a dormitory or student housing facility.

(2)

Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate, with continuous hard surfaced connection to a county arterial, or state or federal highway.

(3)

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(m)

Group living, chemical substance abuse treatment facilities. Chemical substance abuse treatment facilities in a residential setting shall meet the following standards:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a chemical substance abuse treatment facility in a residential setting.

(2)

Licensing. The facility shall meet all state and federal license requirements.

(3)

Capacity. License capacity shall not exceed eight persons for a supervised residential program.

(4)

In a dwelling. The facility must be located within a single-family detached dwelling.

(5)

Separation requirements. New facilities shall not be located within contiguous areas equivalent in size to city block areas, consistent with I.C.A. § 335.25(3).

(6)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(Code 2006, ch. 41, art. 6, § 3; Ord. No. 3-3-2006, 4-1-2006; Ord. No. 7-6-2006, 7-1-2006; Ord. No. 13-9-2006, 10-1-2006; Ord. No. 1-2-2008, 4-1-2008; Ord. No. 3-3-2010, 4-1-2010; Ord. No. 14-9-2018, § 1(Att. A, § 7), 9-12-2018; Ord. No. 1-2-2020, Att. A, § 3, 2-12-2020; Ord. No. 11-7-2021, § 1(Att. A(1)), 7-14-2021; Ord. No. 6-4-2023, § 1, 4-12-2023; Ord. No. 5-3-2023, § 2, 3-14-2023; Ord. No. 7-11-2024, §§ 2—4, 11-20-2024; Ord. No. 3-7-2025, § 2, 7-9-2025)

Sec. 107-114. - Standards for institutional and civic uses.

(a)

Community services, library, museum. Libraries and museums shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a library or museum.

(2)

(3)

Planned services. Other than a conversion of an existing building, the site shall be in an area planned for municipal or centralized utilities, including water supply and sewage treatment. For any site, the design and construction of the facility shall enable connection to future municipal or centralized utilities with minimal cost to the municipality.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(b)

Community services, religious assembly. Religious assembly uses shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a structure for religious assembly.

(2)

(3)

Accessory single-family use allowed. An accessory single-family residential use on the same lot as the religious assembly principal use shall be allowed. Other residential uses shall not be considered accessory and shall meet the standards for a principal use of its type.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(c)

Community services, cemetery. Cemeteries shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a cemetery.

(2)

Setback from boundaries. Burial plots and headstones shall be located a minimum of 15 feet from all lot boundaries.

(3)

Minimum area. Any lot with a cemetery as the principal use shall be at least three acres in size with at least 100 feet of frontage on a hard-surfaced road.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(d)

Day care, day care center, preschool or adult. Day care centers shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a day care center.

(2)

Licensing. The facility shall meet all state and federal license requirements.

(3)

Play area. Any outdoor play area shall be completely fenced.

(4)

Drop-off area. An off-street or signed on-street drop-off and pick-up area shall be provided.

(5)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(6)

Accessory use. When a day care center is proposed as an accessory use to a religious assembly, educational institution, or a nature center, the use shall be treated as a permitted accessory use, in compliance with the standards in subsections (1) through (4) of this section.

(e)

Educational institutions, college, university. Colleges and universities shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a college or university. The major site plan shall include a master plan indicating plans for the use of land and buildings, projected enrollment and anticipated additional construction for the next ten years.

(2)

(3)

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(f)

Educational institutions, secondary school (K-12), public or private. Secondary schools shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a secondary school.

(2)

(3)

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(g)

Educational institutions, vocational school, trade school. Vocational and trade schools shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a vocational or trade school.

(2)

(3)

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Vehicle storage. All inoperable, unlicensed vehicles used as part of an educational program shall be kept within enclosed buildings or screened areas.

(h)

Health care and social services, hospital. Hospitals shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a hospital.

(2)

(3)

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Boundary expansion. The boundaries of the institution shall be as defined in the permit, and may not be expanded without prior approval of the planning and zoning commission, as evidenced by an amended conditional use permit. The campus that is defined by the boundaries shall be a minimum of three acres, and all property within the campus boundaries must be contiguous.

(i)

Public parks and open space, park or playground, aquatic center, swimming pool, playing fields. Parks, playgrounds, aquatic centers, swimming pools, and playing fields shall meet the following standards:

(1)

Major site plan required, aquatic center, swimming pools, playing fields. A major site plan shall be submitted and reviewed prior to the approval of aquatic centers, swimming pools, and playing fields.

(2)

Street access, aquatic center, swimming pools, playing fields. Sites proposed for an aquatic center, swimming pool, or playing field shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.

(3)

Vehicular entries, aquatic center, swimming pools, playing fields. A minimum of two entry points to such facilities shall be provided.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Planned services, aquatic center, swimming pools. Sites proposed for an aquatic center, or swimming pool shall be in an area planned for municipal or centralized utilities, including water supply and sewage treatment. The design and construction of the facility shall enable connection to future municipal or centralized utilities with minimal cost to the municipality.

(j)

Public parks and open space, other public recreational facilities. Other public recreational facilities shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of other public recreational facilities.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(k)

Public parks and open space, fairground. Fairgrounds shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a fairground. Information shall be provided with the site plan indicating proposed recreation areas, sanitary facilities, storage areas, parking, circulation and other information needed to assess the impacts of the proposed operation on surrounding properties and the road network.

(2)

(3)

Parking. Parking and loading shall meet the standards in article 5, section 3, subsection 5.

(l)

School transportation center, public or private, free-standing. School transportation centers must meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a school transportation center.

(2)

(3)

Vehicular access points. Vehicular access points shall create a minimum of conflict with through traffic movement and be designed to minimize traffic congestion. Separate access points shall be provided in order to separate bus traffic from personal or light-duty vehicular traffic.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Setbacks. Any canopy, weather protection, pump island or building shall meet the minimum required principal building setback specified for the district.

(6)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d). In addition, lot frontage on a public street shall be separated from the edge of the sidewalk or pavement by a landscaped yard at least 20 feet in depth, except where driveway accesses occur.

(7)

Vehicle storage. All vehicles awaiting repair shall be stored on the site within enclosed building or in defined parking spaces. All vehicles parked or stored on the site shall display a current license plate with current license tag. Outdoor storage of vehicle parts or of junk vehicles is prohibited.

(8)

Wash facilities. A truck/bus wash facility, either attached or detached from the principal structure, may be permitted as an accessory use.

(9)

Repair shop. All repairs shall be performed within a completely enclosed building. Paint or body repair are not allowed as part of a school transportation center repair shop.

(10)

Hazardous materials. Storage of hazardous or flammable materials shall comply with federal and state standards. Venting of odors, gas and fumes shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to preclude the escape of gas/diesel vapors.

(11)

Lighting. A lighting plan shall be submitted providing detail of the light spread and intensity diagrams, fixture specifications and mounting height details. Any lighting used for outdoor illumination on the property shall be full-cutoff fixtures so that light does not shine upward nor adversely impact adjoining property.

(m)

School building and grounds maintenance facility, freestanding. School building and grounds maintenance facilities must meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a school building and grounds maintenance facility.

(2)

(3)

Vehicular access points. Vehicular access points shall create a minimum of conflict with through traffic movement and be designed to minimize traffic congestion. A minimum of two entry points to such facilities shall be provided.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Setbacks. Any canopy, weather protection, pump island or building shall meet the minimum required principal building setback specified for the district.

(6)

(7)

Equipment storage. All equipment awaiting repair shall be stored on the site within enclosed buildings. Outdoor storage of equipment, parts or vehicles awaiting repair is prohibited.

(8)

Wash facilities. A vehicle or equipment wash facility, either attached or detached from the principal structure, may be permitted as an accessory use.

(9)

Repair shop. All repairs shall be performed within a completely enclosed building. Paint or body repair are not allowed as part of a school building and grounds maintenance facility repair shop.

(10)

(11)

Lighting. A Lighting plan shall be submitted providing the detail of the light spread and intensity diagrams, fixture specifications and mounting height details. Any lighting used for outdoor illumination on the property shall be full-cutoff fixtures so that light does not shine upward nor adversely impact adjoining property.

(n)

School sports complex, freestanding. School sports complexes must meet the flowing standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a school sports complex.

(2)

(3)

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e). A parking plan shall be submitted that analyzes existing conditions and potential expansion areas; the plan will also provide recommended parking improvements (including number of spaces) and shared parking opportunities.

(5)

(6)

(7)

Noise. A noise impact study may be required to demonstrate the potential noise impact on surrounding properties from the sports complex. Based on the results of the study, additional controls or changes in facility design or site layout may be required to control noise during the operation of the facility.

(8)

(o)

Community services, private burial site.

(1)

Maintenance agreement required. A private burial site maintenance agreement between the property owner and the county shall be executed and recorded that delegates the preservation and protection of the burial site to the property owner. The recorded private burial site maintenance agreement shall serve as notice that the designated area of the property shall hereafter be designated as a private burial site. As part of the agreement, reasonable access shall be provided for visitors to the site and to allow continued maintenance. The agreement shall be approved by resolution of the board of supervisors.

(2)

Minor site plan required. A minor site plan shall be prepared and incorporated into the private burial site maintenance agreement describing the location and extent of the burial site on the property.

(3)

Setback from boundaries. Burial plots headstones or other grave markers shall be located a minimum of 15 feet from all lot boundaries.

(Code 2006, ch. 41, art. 6, § 4; Ord. No. 13-8-2015, 8-17-2015; Ord. No. 1-2-2020, Att. A, § 3, 2-12-2020; Ord. No. 7-4-2021, § 1(Att. A), 4-21-2021)

Sec. 107-115. - Standards for retail, service and commercial uses.

(a)

Adult entertainment. Adult entertainment uses shall meet the following standards:

(1)

Major site plan and CUP required. A major site plan shall be submitted and reviewed prior to the approval of an adult entertainment use. An adult entertainment use shall require a conditional use permit.

(2)

CUP time limited. A conditional use permit issued for an adult entertainment use shall be subject to renewal every five years.

(3)

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Separation requirements. Adult entertainment uses shall be located the following minimum distances from the listed uses that are present at the point in time the adult entertainment use is permitted:

One thousand feet from residences, day care, public parks or playgrounds, religious institutions or educational institutions and public libraries as measured in a straight line from the entrance to the structure where the adult entertainment use occurs to the nearest property boundary of the listed use.

Five hundred feet from another adult entertainment use as measured in a straight line between the entrances to the structures where the adult entertainment uses occur.

(6)

Maximum building size. The maximum size of a structure where an adult entertainment use occurs shall be no larger than 10,000 square feet.

(7)

Signs and window displays.

Sexually explicit matter shall not be displayed on signs, window displays, or the exterior of any structure.

Signs shall conform to the sign regulations in section 107-94(j).

(8)

Hours of operation. The hours of operation shall be limited so as to prevent an adverse impact on adjacent property owners.

(9)

Exterior colors. The colors of the exterior of structures where adult entertainment uses occur shall be muted and blend with surrounding structures, and shall not be neon, bright or multi-colored.

(b)

Animal care, animal boarding, animal shelter, kennel. Animal boarding facility, animal shelters, and kennels shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of an animal boarding facility, animal shelter or kennel.

(2)

Facility design. All animal kennels shall provide indoor facilities having adequate heating, ventilation, and lighting and outdoor facilities having shelter from the elements. Facilities shall have proper drainage.

(3)

Facility design, VM Village Mixed-Use. Within the VM Village Mixed-Use District, all activities shall take place within a completely enclosed building with soundproofing and odor control.

(4)

Exercise areas. All animal runs or exercise areas shall be located at least 100 feet from any adjoining property line. The setback may be reduced up to 50 percent through an administrative exception approved by the zoning administrator provided the animal run or exercise area is separated from the property line in question by a building along the entire length of the animal run or exercise area. Outdoor animal runs or exercise areas are prohibited within the VM Village Mixed-Use District.

(5)

Licenses. Facilities must obtain all required state and federal licenses or operational permits.

(6)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(c)

Animal care, veterinary clinic or veterinary hospital. Veterinary clinics or hospitals shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a veterinary clinic or hospital.

(2)

Facility design. All veterinary clinics or hospitals shall provide indoor facilities having adequate heating, ventilation, and lighting and outdoor facilities having shelter from the elements. Facilities shall have proper drainage.

(3)

Facility design, VM Village Mixed-Use. Within the VM Village Mixed-Use District, all activities shall take place within a completely enclosed building with soundproofing and odor control.

(4)

Exercise areas. All animal runs or exercise areas shall be located at least 100 feet from any adjoining property line. Outdoor animal runs or exercise areas are prohibited within the VM Village Mixed-Use District.

(5)

Licenses. Facilities must obtain all required state and federal licenses or operational permits.

(6)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(d)

Animal care, pet cemetery. Pet cemeteries shall meet the following standards:

(1)

Major site plan and CUP required. A major site plan shall be submitted and reviewed prior to the approval of a pet cemetery. A pet cemetery shall require a conditional use permit.

(2)

CUP length. The maximum length of a conditional use permit for a pet cemetery shall be 20 years. An application to renew a conditional use permit may be made within three years prior to the termination date.

(3)

Non-permanent nature. A pet cemetery shall not be a perpetual care facility, but rather shall be convertible to another use after an appropriate time period. A deed shall not be issued for an animal burial plot.

(4)

Burial containers. A container used to bury an animal shall be biodegradable.

(5)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(e)

Animal care, pet crematorium. Pet crematoriums shall meet the following standards:

(1)

Major site plan and CUP required. A major site plan shall be submitted and reviewed prior to the approval of a pet crematorium. A pet crematorium shall require a conditional use permit.

(2)

Licenses. Facilities must obtain all required state and federal licenses or operational permits.

(f)

Agricultural sales and service, agriculture feed mixing and blending, seed sales and grain handling operations; grain elevators. Uses involving agriculture feed mixing and blending, seed sales and grain handling; and grain elevators, shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a use as described in this subsection.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

Outdoor storage. Outdoor storage shall be screened from adjacent residences.

(5)

Setbacks. The minimum required setback for feed or grain storage structures shall be the greater of the required setback for the district or the height of the feed or grain storage structure.

(6)

Lighting. Any lighting used for outdoor illumination shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor light adjoining property.

(g)

Agricultural sales and service, agricultural chemicals, fertilizer, liquid propane and other related fuels, anhydrous ammonia storage and distribution. Uses involving the storage and distribution of agricultural chemicals, agricultural fertilizer, liquid propane and other related fuels, or anhydrous ammonia shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a use involving the storage and distribution of agricultural chemicals, agricultural fertilizer, liquid propane and other related fuels, or anhydrous ammonia.

(2)

Location. Storage of agricultural chemicals, agricultural fertilizers or anhydrous ammonia shall be located outside of densely populated areas.

(3)

Storage and handling of materials. The storage and handling of agricultural chemicals, fertilizer, liquid propane and other related fuels, and anhydrous ammonia shall comply with all federal and state regulations.

(4)

(5)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(6)

Outdoor storage. Outdoor storage areas shall be screened from adjacent residences.

(7)

Setbacks. Anhydrous ammonia containers shall be located outside of buildings other than those especially constructed for this purpose. In addition to the setback distances required for structures to property lines set forth in the UDC, containers shall meet the minimum separation distances required by federal and state regulations.

(h)

Agricultural sales and service, agricultural implement sales and service, auction house. These uses shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a use involving the sales and servicing of agricultural implements and vehicles.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(i)

Agricultural sales and service, farm winery and cider mill.

(1)

Sale of wine, cider and beer. Retail sale of wine, cider or beer manufactured on-site for off-site and/or on-site consumption is permitted pursuant to meeting the necessary local, state and federal requirements.

(2)

On-site consumption of alcoholic beverages. On-site consumption of alcoholic beverages that are compliant with the state licenses held by the operator is permitted. Alcoholic beverage consumption shall be incidental to the farm winery or cider mill manufacturing operation.

(3)

Retail sales of supplemental items. Retail sales of items other than wine, cider or beer are permitted if the items are directly related to the wine or cider operation and are incidental to wine, cider or beer manufacturing. Such items may include, but are not limited to, wine glasses, corkscrews and monogrammed items.

(4)

Food sales. Food sales or consumption that is incidental to wine or cider sales may be served or sold on-site. Any food product prepared on-site or off-site must comply with all state and county public health department requirements.

(5)

Event permit, temporary use. Events held by the winery or facility rentals for events that exceed the maximum number of attendees set by the conditional use permit will require a temporary use permit. The temporary use permit shall be permitted in accordance with section 107-94(c) and must be in accordance with state alcohol license requirements.

(6)

On-site brewery or distillery. Operation of a brewery and/or distillery accessory to a farm winery or cider mill is permitted pursuant to obtaining the necessary state permits.

All beer and distilled spirit sales and consumption must comply with all local, state and federal requirements.

Brewery and/or distillery production shall be ancillary to farm winery or cider mill manufacturing operation.

(j)

Business and household services, building maintenance, cleaning services. Building maintenance and cleaning services shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a building maintenance or cleaning services use.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

VM Village Mixed-Use District. Within the VM Village Mixed-Use District, outdoor storage area shall not exceed 5,000 square feet in size and shall be screened from adjacent residences and public roads by a solid fence six feet in height.

(k)

Business and household services, lawn, garden and yard maintenance services. Lawn, garden and yard maintenance services shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of lawn, garden and yard maintenance service.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

(5)

AG Agricultural District. Within the AG Agricultural District, lawn, garden, and yard maintenance services may have a maximum of ten employees at any one time. Outdoor storage areas shall not exceed 5,000 square feet in size and shall be screened from adjacent residences and public roads by a solid fence six feet in height.

Uses in conjunction with a residential use shall follow the standards in section 107-113(h).

(l)

Business and household services, well-drilling, septic tank cleaning services. Well-drilling and septic tank cleaning services shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of well-drilling or septic tank cleaning service.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

(m)

Recreation and entertainment, outdoor, amusement park. An amusement park shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of an amusement park. Site plans shall indicate all proposed recreation areas, sanitary facilities, storage areas, parking, circulation, signs, landscaping and other information needed to assess the impacts of the operation on surrounding properties and the road network.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

Days and hours of operation. Approval for an amusement park shall specify the days and hours of operation.

(n)

Recreation and entertainment, outdoor, campground, travel trailer park, recreation camp. Campgrounds, travel trailer parks, and recreation camps shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a campground, travel trailer park, or recreation camp. Site plans shall indicate all proposed recreation areas, sanitary facilities, storage areas, parking, circulation, signs, landscaping, and other information needed to assess the impacts of the operation on surrounding properties and the road network.

(2)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(3)

Caretaker or attendant required. A responsible attendant or caretaker shall oversee every recreational camping area at all times and the duties of said attendant or caretaker shall be to maintain any applicable records and keep the facilities and the equipment in a clean, orderly, and sanitary condition.

(4)

Mobile homes prohibited. No mobile homes shall be allowed in campgrounds.

(5)

Vehicles. No unlicensed or inoperable vehicles or vehicle parts shall be stored on the site.

(6)

Year-round residential use prohibited. Residential use of camping vehicles or buildings associated with recreation camps, except as permitted for a campground owner or caretaker, shall be prohibited from November 1 to April 1.

(7)

Setbacks for campgrounds and travel trailer parks:

Recreational camping vehicles and accessory structures shall be separated from each other and from other structures by at least ten feet.

Recreational camping vehicles shall be set back at least 25 feet from any road right-of-way and at least ten feet from other park boundary lines.

(8)

Severe weather plan. The applicant shall provide a severe weather plan.

(o)

Recreation and entertainment, outdoor, gun clubs, rifle, archery ranges. Gun clubs, rifle ranges and archery ranges shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a gun club, rifle range or archery range.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

Design standards. National Rifle Association design standards for such facilities shall be complied with and shall include the following as a minimum:

No facility shall be allowed within 500 feet of an existing residence, measured from the property line of the range site, without the permission of the existing residents.

A backstop having a minimum height of 20 feet with a top width of at least four feet and side berms having a minimum height of eight feet shall be required unless significant terrain features exist that would take their place.

For skeet and trap shooting, a 300 yard shot fall zone to the front and sides of the range as measured from the center of the firing stations, shall be provided. This area shall be contained wholly within the property on which the range is located, or on property leased by the facility or covered by signed agreement of adjacent property owners.

Gates shall be placed at all road entrances to the property and shall be locked when the facility is not in use.

Landscaping including the planting of trees shall be provided to screen the range from roads and adjacent residences.

(p)

Recreation and entertainment, outdoor, outdoor amphitheater, stadium. Outdoor amphitheaters and outdoor stadiums shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of an outdoor amphitheater or outdoor stadium.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

Days and hours of operation. Approval for an outdoor amphitheater or outdoor stadium shall specify the days and hours of operation.

(5)

Separation requirements. These facilities shall be located a minimum of 500 feet from the boundary of any residentially zoned property.

(6)

Noise impacts. Noise impacts shall be considered and mitigated as part of the approval process.

(q)

Recreation and entertainment, outdoor, race tracks, go-cart tracks, drag strips. Race tracks, go-cart tracks, drag strips shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a race track, go-cart track or drag strip.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

Days and hours of operation. Approval for a race track, go-cart track or drag strip shall specify the days and hours of operation.

(5)

Separation requirements. These facilities shall be located a minimum of 500 feet from the boundary of any residentially zoned property.

(6)

Noise impacts. Noise impacts shall be considered and mitigated as part of the approval process.

(r)

Food services, all use types. All food service use types listed in Table 107-147-1 shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of any food service use.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

Size limited, VM Village Mixed-Use District. In the VM Village Mixed-Use District, food service uses shall be limited to a maximum floor area of 5,000 square feet. Larger floor areas may be approved as a conditional use permit.

(5)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d) or section 107-136(f)(4), depending on the applicable zoning district.

(s)

Food services, drive-through accessory to food service. In addition to the standards in subsection (r) of this section, a drive-through accessory to a principal food service use shall meet the following standards:

(1)

Materials. Drive-through structures and canopies shall be constructed from the same materials as the principal building, with a similar level of architectural quality and detailing.

(2)

Circulation. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern. Adequate stacking space shall be provided.

(3)

Noise. The public address system, if provided, shall not be audible from any residential parcel.

(4)

Location, VM District. In the VM Village Mixed-Use District, drive-through facilities shall be placed to the rear of the principal building to the extent feasible, or recessed behind the primary street-facing facade.

(t)

Food services, entertainment accessory to food service. In addition to the standards in subsection (r) of this section, entertainment that is accessory to a principal food service use shall meet the following standards: Noise. Noise impacts on nearby properties shall be considered and mitigated as part of the site plan review process.

(u)

Lodging, bed and breakfast. Bed and breakfast facilities shall meet the following standards:

(1)

Location. The facility shall be located in a single-family detached dwelling.

(2)

Number of bedrooms. A maximum of four bedrooms may be rented to guests.

(3)

Guest register. The facility shall maintain a guest register open to inspection by the county.

(4)

Other regulations. The facility shall meet all applicable state and federal regulations.

(5)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(6)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of any bed and breakfast.

(v)

Lodging, extended-stay hotel; hotel; motel; inn. Extended-stay hotels, other hotels and motels shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of an extended-stay hotel, other hotel or motel.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Guest register. The facility shall maintain a guest register open to inspection by the county.

(6)

Location. The site shall be in an area planned for municipal or centralized utilities, including water supply and sewage treatment. The design and construction of the facility shall enable connection to future municipal or centralized utilities with minimal cost to the municipality.

(7)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d) or section 107-136(f)(4), depending on the applicable zoning district.

(8)

Other regulations. The facility shall meet all applicable state and federal regulations.

(w)

Services, dry cleaning establishment. Dry cleaning establishments shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a dry cleaning establishment.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Processing sites limited. Within the VM, and HC districts, the use shall provide pick-up, drop-off and alteration services only, with processing to be done elsewhere.

(6)

Dry cleaning plants. Within the I district, dry cleaning plants shall employ best management practices regarding the venting of odors, gas and fumes.

(7)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d) or section 107-136(f)(4), depending on the applicable zoning district.

(x)

Services, funeral home, mortuary. Funeral homes and mortuaries shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a funeral home or mortuary.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d) or section 107-136(f)(4), depending on the applicable zoning district.

(y)

Services, mini-warehouse, self-service storage. Mini-warehouses and self-service storage uses shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a mini-warehouse or self-service storage use.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Indoor storage. All storage shall be within completely enclosed buildings, with the exception of recreational vehicles or boats if screened from view from adjacent streets and residential properties.

(6)

Outdoor vehicle storage. There shall be no overnight parking or outdoor storage of trucks, trailers or moving vans except for purposes of loading and unloading and with the exception for recreational vehicles and boats in subsection (y)(5) of this section.

(7)

Loading docks prohibited. Loading docks shall not be permitted as part of the storage building.

(8)

Hazardous materials. Storage of hazardous or flammable materials is prohibited.

(9)

Building length. The maximum length of any storage building shall be 200 feet.

(10)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d) or section 107-136(f)(4), depending on the applicable zoning district.

(z)

Commercial uses, all use types. All commercial uses listed in Table 107-147-1 shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of any commercial use.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

VM Village Mixed-Use District. In the VM Village Mixed-Use District, commercial uses shall be limited to a maximum floor area of 10,000 square feet, unless otherwise specified below, and outdoor storage area shall not exceed 5,000 square feet in size and shall be screened from adjacent residences and public roads by a solid fence six feet in height.

(6)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d) or section 107-136(f)(4), depending on the applicable zoning district.

(7)

Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor light adjoining property.

(aa)

Commercial uses, general retail. In addition to the standards in subsection (z) of this section, general retail uses shall meet the following standards:

(1)

Size limited, VM Village Mixed-Use District. Within the VM Village Mixed-Use District, general retail operations shall be limited to a maximum floor area of 5,000 square feet. Larger floor areas may be approved as a conditional use permit.

(2)

Outdoor displays, VM District. Within the VM Village Mixed-Use District, no outdoor sales or display shall be allowed, except for temporary sidewalk sales events and seasonal displays of greenhouse and garden products.

(bb)

Commercial uses, building supplies sales. In addition to the standards in subsection (z) of this section, building supplies sales shall meet the following standards: Size limited, VM district. Within the VM Village Mixed-Use District, building supplies sales shall be limited to a maximum floor area of 20,000 square feet. Larger floor areas may be approved as a conditional use permit.

(cc)

Commercial uses, furniture and appliance sales, rental, and showrooms. In addition to the standards in subsection (z) of this section, furniture and appliance sales, rental, and showrooms shall meet the following standards:

(1)

Size limited, VM district. Within the VM Village Mixed-Use District, furniture and appliance sales, rental, and showrooms shall be limited to a maximum floor area of 20,000 square feet. Larger floor areas may be approved as a conditional use permit.

(dd)

Commercial uses, grocery, supermarket. In addition to the standards in subsection (z) of this section, groceries and supermarkets shall meet the following standards:

(1)

Size limited, VM district. VM Village Mixed-Use District, groceries and supermarkets shall be limited to a maximum floor area of 20,000 square feet. Larger floor areas may be approved as a conditional use permit.

(ee)

Commercial uses, motor vehicle sales, rental. In addition to the standards in subsection (z) of this section, the sale and rental of motor vehicles shall meet the following standards:

(1)

Open sales lots. The sale or rent of motor vehicles, trailers, campers, boats and other items that are not kept entirely within a building shall require an approved open sales lot that meets the following design standards: Open sales lots adjacent to a public street shall be separated from the edge of sidewalk or pavement by a landscaped yard at least 20 feet in width, except where driveway accesses occur.

(2)

Repairs. Repairs may be conducted as an accessory use, if performed within a completely enclosed building.

(3)

Noise. Noise impacts from outdoor speakers shall not be audible beyond the property boundary.

(ff)

Vehicle services, automobile service station and/or convenience store. Automobile service stations, convenience stores or a combination of these two uses shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of an automobile service station, convenience store or a combination of these two uses.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Setbacks. Any canopy, weather protection, pump island or building shall meet the minimum required building setback specified for the district.

(6)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d). In addition, lot frontage on a public street shall be separated from the edge of sidewalk or pavement by a landscaped yard at least 20 feet in width, except where driveway accesses occur.

(7)

Sales area. All goods offered for sale, other than those generally required for the operation and maintenance of motor vehicles, shall be stored, sold and displayed within a building, with the exception of beverage and snack food vending machines.

(8)

Vehicle storage. All vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or in defined parking spaces. All vehicles parked or stored on the site shall display a current license plate with a current license tab. Outdoor storage of automotive parts or junk vehicles is prohibited.

(9)

Car wash. A car wash facility, either attached or detached from the principal structure, may be permitted as an accessory use, meeting the standards for car wash in subsection (gg) of this section.

(10)

Repair shop. All repairs shall be performed within a completely enclosed building.

(11)

(12)

Noise. Additional controls may be established to control noise during the operation of the facility, including controls on hours of operation.

(gg)

Vehicle services, car wash, freestanding or accessory. Freestanding or accessory car washes shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a freestanding or accessory car wash.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Vehicular stacking. Adequate stacking space for vehicles shall be provided.

(6)

(7)

Water. Water from the car wash shall not drain across any sidewalk or into a public right-of-way.

(8)

Noise. Vacuum and drying facilities shall be located in an enclosed structure or at a sufficient distance from any residential use to minimize the impact of noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.

(hh)

Vehicle services, major/minor automotive repair/body work. Major or minor automotive repair and body work uses shall comply with all of the standards listed for automobile service stations and convenience stores in subsection (ff) of this section.

(ii)

Accessory commercial uses, surface parking in connection with a principal use. Accessory surface parking uses shall meet the following standards:

(1)

Buffers, HC and GC districts. In the HC Highway Commercial District and GC General Commercial District, lot frontage between a surface parking area and an adjoining public street shall be separated from the edge of sidewalk or pavement by a landscaped yard at least 20 feet in width, except where driveway accesses occur.

(2)

Buffers, VM district. In the VM Village Mixed-Use District, lot frontage between a surface parking area and an adjoining public street shall be separated from the edge of sidewalk or pavement by a landscaped yard at least ten feet in width, except where driveway accesses occur.

(jj)

Accessory commercial uses, outdoor storage in connection with a permitted use. Accessory outdoor storage uses shall meet the following standards:

(1)

Prohibited in setback. Outdoor storage of materials within any structure setback area shall be prohibited.

(2)

Screening. Outdoor storage shall be located or screened so as not to be visible from any residential district or public road.

(kk)

Recreation and entertainment, outdoor; baseball fields, softball fields, soccer fields, tennis courts, basketball courts, skateboard parks, or other similar uses shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of baseball fields, softball fields, soccer fields, tennis courts, basketball courts, skateboard parks, or other similar uses.

(2)

(3)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(4)

Days and hours of operation. Approval of baseball fields, softball fields, soccer fields, tennis courts, basketball courts, skateboard parks, or other similar uses shall specify the days and hours of operation.

(5)

Noise impacts. Noise impacts shall be considered and mitigated as part of the approval process.

(6)

(ll)

Recreation and entertainment, outdoor; paintball courses or similar facilities shall meet the following standards:

(1)

Minor site plan required. A minor site plan shall be submitted and reviewed prior to the approval of a proposed paintball course or similar facility.

(2)

(3)

Parking. Adequate parking and loading shall be provided to accommodate the projected use of the site.

(4)

Days and hours of operation. Approval of a paintball course or facility shall specify the days and hours of operation.

(5)

Noise impacts. Noise impacts shall be considered and mitigated as part of the approval process.

(Code 2006, ch. 41, art. 6, § 5; Ord. No. 3-3-2007, 4-1-2007; Ord. No. 1-3-2011, 6-1-2011; Ord. No. 10-8-2011, 9-1-2011; Ord. No. 6-8-2014, 8-25-2014; Ord. No. 1-2-2020, Att. A, §§ 2, 3, 2-12-2020; Ord. No. 2-2-2021, § 1(Att. A, §§ 5, 6), 1-27-2021; Ord. No. 18-10-2022, §§ 3, 4, 10-12-2022; Ord. No. 5-3-2023, § 3, 3-14-2023)

Sec. 107-116. - Standards for industrial uses.

(a)

Manufacturing and production, all use types. All manufacturing and production uses listed in Table 107-147-1 shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a manufacturing or production use.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

(6)

Noise. Additional controls may be established to control noise during the operation of the facility, including controls on hours of operation.

(7)

Outdoor storage prohibited. Equipment or materials shall be completely enclosed in a permanent structure, with no outdoor storage.

(8)

Hours of operation. The hours of operation shall not have an adverse impact on adjacent property owners and may be limited.

(9)

Winery. A winery shall conform to the requirements in section 107-115(i).

(b)

Salvage yards, auto salvage yard, scrap yard. A new conditional use permit shall be required for the establishment or expansion of auto salvage and scrap yards.

(1)

Screening. Outdoor storage shall be located or screened so as not to be visible from any residential district or public road. A solid fence a minimum of six feet in height shall be used for screening purposes.

(2)

Use of front yard. No part of the front yard is to be used for the conduct of business in any manner except for parking of customer or employee vehicles.

(c)

Extractive uses, quarries, mining and other extractive uses. This use, as defined in this chapter, includes all excavation, extraction of materials and minerals, open pits and impounding of waters. The establishment or enlargement of such a use shall require a conditional use permit.

(1)

Application requirements. A map of the proposed pit, excavation or impounding area shall be prepared by a professional engineer or land surveyor and filed with the application showing the confines or limits thereof, together with a plan indicating the topography and overall condition of the site after extraction is completed.

(2)

Major site plan and CUP required. A major site plan shall be submitted and reviewed prior to the approval of an extractive use. A conditional use permit is required for all extractive uses except the following:

Construction of ponds of less than two acres in size;

Stormwater detention ponds required for permitted development under this chapter;

Extraction of materials that results in an excavation less than one acre in size as measured by surface disturbance and the extracted materials are used on the lot or parcel from which they are extracted; and

Extraction of materials by a public agency for road construction purposes.

(3)

Required conditions. No conditional use permit shall be issued unless, at a minimum, the following conditions are included:

A review of the site by the zoning administrator once every five years.

A fee shall be paid by the applicant at the time the application is submitted in an amount to cover the costs of the number of reviews required by the permit; the number to be determined by the length of the permit.

Provide a plan for phasing excavation so that no greater area than a ten acre cell is open at any time.

Provide a plan for reclaiming areas as new phased cells are opened.

Provide a plan specifying the amount and location of excavated materials to be stockpiled on-site for any length of time.

Fencing of any stone quarry.

During operation, fence, properly guard, and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks.

Properly drain, fill or level any excavation, after created, so as to make the same safe and healthful.

Keep any pit, excavation or impounded waters within the limits for which the particular permit is granted.

Surface water runoff from the site shall be restricted to pre-development levels. This provision does not include dewatering activities.

Remove excavated material from any pit or excavation, away from the premises, upon and along designated haul routes. Excavated material that is incorporated into on-site landscaping or site design may be kept on-site.

Provide a plan for dust and noise control during operations.

Provide adequate signage for public safety, such as "Trucks Hauling" signs.

For the purpose of retaining impounded waters, provide impoundment structures of sufficient strength and durability and maintain such structures in safe and proper condition.

Any stockpiling of topsoil shall be maintained to minimize erosion.

Structures, storage of excavated materials or topsoil, and the excavation edge shall be setback at least 100 feet from any DNR regulated streams.

(4)

Reclamation standards. The following reclamation standards shall be a condition of permitting:

Grade site after extraction is completed so as to render it usable, replace topsoil, and seed where required to prevent erosion.

At the time of site closure, banks shall be sloped at a minimum grade of 4:1 above the water line and at least ten feet below the water line.

(5)

Financial assurance required. As a condition of granting the permit the owner, user or applicant shall post a bond, in such form and sum as the county shall determine, with sufficient surety running to the county, conditioned to pay the county the cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel, in removing materials from any pit, excavation or impounded waters, the amount of such cost and expense to be determined by the county engineer; and conditioned further to comply with all the requirements of this chapter and the particular permit, and to pay any expense the county may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.

(6)

Renewal. As a condition of renewal of a conditional use permit for excavation or extraction, the applicant must provide evidence of an active operation during the prior permit period.

(d)

Waste disposal, recycling facility, solid waste hauling and transfer stations. Recycling facilities and solid waste hauling and transfer stations shall meet the following standards:

(1)

Major site plan and CUP required. A major site plan shall be submitted and reviewed prior to the approval of a recycling facility or solid waste hauling and transfer station. A recycling facility or solid waste hauling and transfer station shall require a conditional use permit.

(2)

CUP length. The conditional use permit for the facility shall be reviewed every five years to determine whether the facility continues to comply with all conditions.

(3)

Operational plan. An operational plan shall be developed for the facility, and subsequent activities shall be conducted in accordance with the plan.

(4)

(5)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(6)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(7)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d).

(8)

Noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.

(Code 2006, ch. 41, art. 6, § 6; Ord. No. 1-2-2020, Att. A, § 3, 2-12-2020)

Sec. 107-117. - Standards for transportation and utility uses.

(a)

Transportation, airport, heliport or private landing strip. An airport, heliport or private landing strip shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of an airport, heliport, or private landing strip.

(2)

Operational plan. An operational plan shall be developed for the facility, and subsequent activities shall be conducted in accordance with the plan.

(3)

Aviation standards. An airport, heliport or private landing strip shall meet applicable state and federal aviation standards.

(4)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d).

(5)

Noise. Additional controls may be established to control noise during the operation of the facility, including controls on hours of operation.

(b)

Transportation, motor freight terminal. A motor freight terminal shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a motor freight terminal.

(2)

(3)

Access. Vehicular access points shall create a minimum of conflict with through traffic movement.

(4)

Parking. Parking and loading shall meet the standards in section 107-93(e).

(5)

Buffers. Buffers shall be installed meeting the standards in section 107-93(d).

(6)

Accessory uses. Repairs and washing of vehicles may be conducted as an accessory use, if adequately screened from adjacent properties.

(7)

Noise. Noise impacts from outdoor speakers shall not be audible beyond the property boundary.

(c)

Utilities, communication towers. Communication towers shall comply with the standards in section 107-94(k).

(d)

Utilities, SWECS, accessory to a principal use. Small wind energy conversion systems or meteorological towers that are accessory to a principal use shall meet the following standards:

(1)

Maximum height.

For property sizes less than one acre the tower height shall be limited to the lesser of 80 feet or as limited by the setback requirements..

For property sizes of one acre or more the tower height shall be limited to the lesser of 120 feet or as limited by the setback requirements.

(2)

Noise. Wind turbines shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

(3)

Compliance with FAA regulations. Wind turbines must comply with applicable Federal Aviation Administration regulations.

(4)

Utility notification. No small wind energy conversion system shall be installed until evidence has been given from the utility company of the customer's intent to install an interconnected customer-owned generator to its electric distribution or transmission, under an agreement approved by and subject to regulation adopted by the state utilities board. Off-grid systems shall be exempt from this requirement.

(5)

Tower setback required. An accessory wind turbine, small wind energy conversion system, or meteorological tower shall meet the following setback requirements:

Tower setback, freestanding and attached towers. Freestanding towers, or towers attached to a building, shall be located on the lot so that the distance from the base of the tower to any adjoining property line, public right-of-way, or above ground public utility lines is a minimum of 100 percent of the tower height.

Tower setback, guyed towers. Guy supported towers shall be located so that the distance from the base of the tower to any adjoining property line, public right-of-way, or above ground public utility lines is a minimum of 70 percent of the tower height. Guy wire anchors may be located anywhere within the boundaries of the parcel on which the tower is located.

(6)

Administrative exception. An administrative exception may be granted by the zoning administrator from subsections (d)(1)a or b, or (5)a or b of this section to increase the tower height by up to 25 percent of the maximum tower height listed in subsection (d)(1) of this section, if all of the following conditions are met:

The exception is necessary to increase the height of the tower so that the bottom of the turbine rotor will clear the highest wind obstacle (i.e., rooftop, mature tree, etc.) within a 500-foot radius of the tower by 30 feet.

The owners and applicants shall record setback easements that conform to the setback standards in subsection (d)(5) of this section on adjacent property, when required setbacks cross property lines, which restrict new development within the easements.

(7)

Application. All required building permits shall be obtained prior to construction of an accessory wind turbine, small wind energy conversion system, or meteorological tower. Each application for a permit shall include the following information, supplied by the tower owner, operator, or contractor installing the tower:

Plans and specifications from a registered professional engineer experienced in the design and/or analysis of small wind energy conversion systems. The plans and specifications shall include:

Tower height;

Type of structure;

Specification for materials used for structural elements of the towers;

Name of tower manufacturer;

Soils investigation (where required for footing design);

A line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and manner of installation conforms to the National Electrical Code adopted by the county;

The plans and specifications shall include an engineer's stamp and signature and a statement that to the best of the engineer's knowledge, information, and belief, the proposed structure has been designed in accordance with the current the county building code and applicable ordinances as adopted by the county.

A manufacturer may submit standard plans and specifications, including soils study and foundation plans, for accessory wind turbines, small wind energy systems, or meteorological towers on a free-standing tower equal to or less than 20kW for a one-time review and stamped approval by an Iowa registered engineer as suitable for construction in any soil condition that exists in the county. Subsequent applications for small wind energy conversion systems equal to or less than 20kW constructed by that particular manufacturer may utilize this stamped approval in lieu of one specific to the current application.

(8)

Insurance. Applicants shall provide evidence, in the form of a certificate of insurance satisfactory to the county, showing general liability insurance coverage for the installation and operation of the system under a standard homeowner's or standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility.

(9)

Structurally unsafe or unused towers.

Any accessory wind turbine, small wind energy conversion system, or meteorological tower found, through inspection by the owner or by inspection of the building division, to be structurally unsafe and cannot be brought into compliance within 60 days must be removed at the owner's expense.

Any accessory wind turbine, small wind energy conversion system, or meteorological tower that is no longer used and maintained as a small wind energy conversion system for a period of 365 days shall be removed at the owner's expense.

(10)

Screening and safety.

On-site vegetation shall be preserved to the maximum extent practical.

Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing.

For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section such that it cannot be readily climbed.

The color of the accessory wind turbine, small wind energy system, or meteorological tower shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include but are not limited to white, off-white, or gray.

(11)

Signage. No signs, other than appropriate warning signs, or standard manufacturer's or installer's identification signage, shall be displayed on a wind generator, tower, building, or other structure associated with an accessory wind turbine, small wind energy conversion system, or meteorological tower.

(12)

Lighting. No illumination of the accessory wind turbine, small wind energy conversion system, or meteorological tower shall be allowed unless required by the FAA.

(e)

Utilities, utility scale wind energy conversion system (UWECS).

(1)

Purpose. To regulate the development, operation and decommissioning of a UWECS.

(2)

Major site plan and rezoning required. A major site plan shall be submitted and reviewed prior to the approval of a UWECS. The area to be used for the UWECS shall require rezoning to the Renewable Energy Overlay Zoning District.

(3)

Additional information. An application for a UWECS shall also include the following information on the major site plan, or in narrative form, supplied by the UWECS owner, operator or contractor installing the turbines:

Legal description of all properties leased and/or owned, that are identified to be part of the project area;

Project development timeline which indicates how the applicant will inform adjacent property owners and interested stakeholders in the community.

A description of the project including number and location of proposed turbines, type, name plate generating capacity, spacing distance, blade diameter, ground clearance, and total turbine height;

Planned location of underground or overhead electric lines, grid interconnection points, project entrances, staging areas, and access roads required during construction and post construction;

Pre-construction survey of nearby roads that may be impacted by construction of the facility;

Interconnection agreement;

Site and structure requirements including:

Grading plan;

Avoidance and mitigation of damage to public infrastructure;

Visual impact analysis including:

Shadow flicker analysis;

Viewshed analysis;

Noise impact analysis;

Operation and maintenance plan;

Agricultural impact mitigation plan;

Wildlife monitoring and mitigation plan;

Emergency response plan;

Decommissioning plan.

(4)

Site and structure requirements.

Setbacks. A wind energy conversion systems (WECS) setback distance shall be measured from the exterior edge of a turbine base to the property line of non-participating landowner parcels, to occupied structures on participating landowner parcels, to the property line of public parks or parcels containing occupied community buildings, to public road right-of-way or active railroad right-of-way, and to the edge of identified riparian corridors and wetland areas.

Participating landowner parcels. Turbines on participating parcels shall be a minimum of two times the total turbine height from the exterior edge of the tower base to any occupied structure.

(i)

Participating parcel landowners may waive such a setback through written acceptance and approval by the Linn County Board of Supervisors. No such waiver shall allow turbine placement closer than one and one-tenth times the total turbine height to any occupied structure. Any waivers accepted and approved by the board of supervisors shall be recorded by the applicant.

Non-participating landowner parcels. Turbines shall be a minimum of two times the total turbine height from the exterior edge of the tower base to any non-participating property line.

(i)

Non-participating parcel landowners may waive such a setback through written acceptance and approval by the Linn County Board of Supervisors. No such waiver shall allow turbine placement closer than one and one-tenth times the total turbine height to any non-participating landowner property line. Any waivers accepted and approved by the board of supervisors shall be recorded by the applicant.

Public road right-of-way or active railroad right-of-way:

(i)

Turbines shall be located a minimum of one and one-tenth times the total turbine height to any public road or active railroad right-of-way.

Riparian corridors and identified wetlands:

(i)

Turbines shall be located a minimum of one and one-tenth times the total turbine height from the edge of identified wetlands or centerline of all riparian corridors that contain perennial flow throughout the majority of the growing season.

Occupied community buildings and public parks:

(i)

Turbines shall be located a minimum of one and one-tenth times the total turbine height to the property line of any parcel containing an occupied community building or public park.

Other structure setbacks:

(i)

All other structures within the UWECS project area shall meet principal setbacks for that zoning district.

Table 107-117 Utility scale wind energy conversion system setback requirements
	Participating landowner parcels	Non-participating landowner parcels	Public road ROW / Railroad ROW	Riparian corridors and identified wetlands	Occupied community buildings and public parks	Other structure setbacks
Setbacks	(2) times Total Turbine Height to occupied structures	(2) times Total Turbine Height to nonparticipating property lines	(1.1) times Total Turbine Height	(1.1) times Total Turbine Height	(1.1) times Total Turbine Height	Principal setbacks of underlying zoning district
Waivers	May waive with written approval but shall not be closer than 1.1 x Total Turbine Height, to any occupied structure	May waive with written approval but shall not be closer than 1.1 x Total Turbine Height, to any occupied structure	No waiver permitted	No waiver permitted	No waiver permitted	No waiver permitted

Utility connections. All utility connections shall be placed underground depending on appropriate soil conditions, shape and topography of the site, distance to the connection, or other conditions or requirements.

Grading plan. A grading plan shall be submitted and include all proposed changes to the landscape of the site (e.g., clearing, grading, topographic changes, tree removal, etc.).

Compliance with local, state and federal regulations. All WECS shall comply with applicable local, state and federal regulations including all Federal Communications Commission (FCC) or Federal Aviation Administration (FAA) regulations.

Appurtenant structures. All appurtenant structures shall be subject to bulk and height regulations of structures in the underlying zoning district.

Floodplain considerations. All WECS are considered maximum damage potential structures and facilities for purposes of the floodplain district regulations.

Lighting. No permanent lighting is allowed on WECS except as required or permitted by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

Interference. Any signal interference complaints associated with installed WECS or related equipment shall be addressed in accordance with FCC or FAA rules and procedures.

Other permits and approvals. UWECS owner/operator shall obtain all necessary permits and approvals from the Iowa Utilities Board (IUB), Federal Energy Regulatory Commission (FERC), and/or any other applicable regulatory bodies.

(5)

Avoidance and mitigation of damages to public infrastructure.

Roads. Applicants shall identify all roads to be used for the purpose of transporting UWECS components, substation components, cement, and/or equipment for construction, operation or maintenance of the UWECS and obtain applicable weight and size permits from the impacted road authority prior to construction.

Existing road conditions. Applicant shall conduct and provide evidence of a pre- construction roadway conditions survey, in coordination with the Linn County Secondary Roads Department, to determine baseline road conditions and authority. The survey shall adequately document all road, road right of way, and public drainage infrastructure conditions requested for use during all phases of construction. Applicants shall enter into a road use agreement with Linn County Secondary Roads Department that clearly details responsibilities for on-going road maintenance and dust control measures for all identified Linn County jurisdictional roads during all phases of construction. The road use agreement shall require certain applicant and county undertakings, including but not limited to providing financial assurance in the form of an irrevocable letter of credit, bond, cash, escrow or other form of security or guaranty acceptable to Linn County. The form of security shall be posted prior to construction mobilization and remain in effect up to 12 months post construction. At construction completion, applicant shall conduct and provide evidence of a post construction roadway conditions survey, in accordance with the road use agreement and in coordination with Linn County Secondary Roads, to determine Linn County road conditions meet the Linn County Secondary Roads Engineer satisfaction.

Drainage system. The applicant shall be responsible repair of damage to public drainage systems stemming from construction, operation or maintenance of the UWECS. Applicant shall acknowledge any damage to public drainage systems and the responsibility for repair in a timely manner within 72 hours of damage discovery.

Required financial security. The applicant shall be responsible for restoring or paying damages as agreed to by the applicable road authority sufficient to restore the roads and bridges to preconstruction conditions. Financial assurance mechanism(s) in the form of a performance bond and/or other security approved by the Linn County Attorney's Office shall be submitted covering 130 percent of the costs of all required improvements. This requirement may be waived or modified by the Linn County Board of Supervisors by recommendation from the Linn County Engineer.

(6)

Visual impact analysis. All WECS shall be required to be of a neutral, non-reflective, non- obtrusive color which must be maintained throughout the life of the product to mitigate visible oxidation or corrosion. The analysis shall include but is not limited to:

Shadow flicker analysis. The UWECS facility owner/operator shall operate the installation in a manner that does not cause more than 30 hours of annual shadow flicker on any occupied residential building, occupied community building or other public facility. A shadow flicker analysis shall be required demonstrating conformance to this requirement. In the event shadow flicker exposure time resulting from a wind farm exceeds the criteria listed herein, a waiver to said levels may be granted by the board of supervisors upon recommendation by the commission, provided that the following has been accomplished:

Written consent from the affected property owners has been obtained stating they are aware of the wind farm and the shadow flicker limitations imposed by the ordinance, and that consent is granted to allow shadow levels to exceed the maximum limits otherwise allowed.

If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent shadow flicker impact easement shall be recorded which advises all subsequent owners that shadow flicker is in excess of the ordinance requirements.

Viewshed analysis. The UWECS facility owner/operator shall submit a Zone of Visual Influence (ZVI) analysis detailing the area of land around the project where the turbines will be seen.

(7)

Noise analysis. No operating wind energy system equipment shall produce decibel levels exceeding any of the following limitations, with the exception of initial construction and routine maintenance. Adequate setbacks and effective sound mitigating equipment shall be used to comply with these limitations:

The average hourly turbine decibel level shall not exceed 55 dBA as measured from the property line of any non-participating parcel. The average decibel limit is specific to source of the sound and does not count against cumulative ambient decibel levels as established in a baseline acoustic evaluation.

The average hourly decibel level may be exceeded during short-term events such as severe windstorms.

A pre- and post-construction noise evaluation shall be completed by a certified professional by the Institute of Noise Control Engineering (INCE), or a licensed professional engineer (PE) to verify compliance with the county's standards.

Every five years a noise evaluation shall be completed, at the operators expense, by a certified professional by the Institute of Noise Control Engineering (INCE), or a licensed professional engineer (PE) to verify compliance with the county's standards.

The owner(s) of adjacent property may voluntarily agree, by written and recorded waiver, to a higher average hourly decibel level as measured from any property line of a non-participating parcel.

(8)

Operation and maintenance plan. The UWECS facility owner/operator shall submit an operation and maintenance plan including all necessary services, frequency of service, preventative maintenance measures, and monitoring. The operation and maintenance plan should include at a minimum:

Preventative maintenance practices and schedules for all on-site equipment including but not limited to: inverters, equipment pads, transformers, access entrances, internal roads, gates, fencing, security systems, grounding equipment and stormwater management installations.

Annual reporting and verification to county on the status or changes to ongoing service schedule.

Schedule of all other monthly, annual, or semiannual reporting requirements for other submittals including: agricultural impact mitigation plan and decommissioning plan.

Issue resolution protocols. Contact information for responsible party to address issues that may arise (damaged equipment, excessive noise, or other similar issues).

Disposal/recycling plan for damaged or obsolete facility equipment or hazardous waste. No storage of inoperable, damaged or otherwise obsolete equipment shall be allowed to remain on property within the approved project site. The current UWECS operator and all successor operators shall be responsible for debris cleanup, removal and property restoration to all participating, and non-participating property, resulting from natural disaster, severe weather event, mechanical failure, fire or act of vandalism to any project property and equipment. A debris cleanup and property restoration effort shall not be considered complete until receiving zoning administrator or board of supervisor approval.

Chemicals and solvents. During operation of the proposed installation, all chemicals or solvents used for the cleaning, de-icing or general operation of a wind turbine shall be low in volatile organic compounds. The operator should use recyclable or biodegradable products to the extent possible. Any on-site storage of chemicals or solvents shall be referenced.

Maintenance or repair. Maintenance or repair shall include, but not limited to, tower repair, painting, nacelle refurbishment or replacement, rotor repair or replacement, and integrity of security measures. Site access shall be maintained to a level acceptable to emergency response officials. Any maintenance, repair, retrofit, replacement or refurbishment of equipment shall adhere to all applicable local, state and federal requirements. Any maintenance, repair, retrofit, replacement or refurbishment of a WECS that increases the height of previous approved turbine shall, at a minimum, require zoning administrator review and approval.

Repowering. At the discretion of the zoning administrator, proposals to replace, upgrade or increase in height, more than 25 percent of the WECS in a previous approved project within a 12 month period may be required to submit a plan for review and approval. A repowering event does not include replacement of WECS in previously approved locations due to weather damage, equipment failure, or a force majeure event.

The plan shall include updated information for some, or all, of the reports and plans required by this section, as determined necessary by the zoning administrator.

The zoning administrator shall review and approve, conditionally approve, or deny the repowering plan.

Wildlife impact. (See Wildlife Monitoring and Mitigation Plan.)

(9)

Decommissioning, abandonment, and site restoration plan.

The UWECS facility owner/operator shall submit a decommissioning plan that describes the following:

The anticipated life of the UWECS facility.

The anticipated manner in which the facility will be decommissioned, including plans to recycle components and dispose of any hazardous materials.

The anticipated site restoration activities.

The estimated decommissioning costs in current dollars.

The method for ensuring that funds will be available for decommissioning and restoration of the site.

Anticipated timeline to complete decommissioning activities and site restoration.

Decommissioning cost considerations. The applicant shall provide the basis for estimates of net costs for decommissioning the site. Site restoration activities as described later in this section.

Removal of any hazardous materials at the facility, as determined by a toxic characteristic leaching procedure (TCLP) or other similar test approved by Linn County and as described in the facility's operations and maintenance plan. TCLP testing shall be performed prior to any ground disturbance at the project site.

Salvage value shall not be included in the cost estimate.

The cost basis shall include a mechanism for calculating adjusted costs over the life of the project.

Site restoration activities. Restoration activities shall include, but not be limited to, the following:

Removal of all UWECS related equipment, power lines, and footings to a minimum depth of five feet.

Soil in project area shall be decompacted and seeded with a cover crop, unless otherwise specified in the approved agricultural impact mitigation plan.

For any part of the energy project on leased property, the plan may incorporate agreements with the landowner regarding leaving access roads, fences, gates or repurposed buildings in place or regarding restoration of agricultural crops or forest resource land. Any use of remaining structures must be in conformance with the regulations in effect at that time.

Performance agreement and proof of financial surety. At the time of permitting, the applicant, facility owner, or site operator shall provide a performance agreement and accompanying financial surety instrument to cover the cost of decommissioning in accordance with the following:

Decommissioning funds shall be an amount equal to the total costs for decommissioning the site, plus a 10 percent contingency.

Decommissioning funds shall be maintained in the form of a performance bond, surety bond, bank letter of credit, stable parent company guarantee, or other form of financial assurance as approved by the county. Any financial document evidencing the maintenance of the decommissioning funds shall include provisions for releasing the funds to the county in the event decommissioning is not completed in a timely manner.

Prior to any ground disturbance, grading or construction activity on the site, 25 percent of total estimated decommissioning costs shall be provided by any of the means listed above. An additional 25 percent shall be provided within five years and 10 years of the date of initial approval, and the remaining 25 percent of the total re-estimated decommissioning costs shall be provided within 15 years of the date of initial approval. From that point forward, 100 percent of the total estimated decommissioning costs as determined by the most recent re-estimation shall be maintained in the decommissioning fund until the end of the functional life of the project.

Financial surety shall be maintained for the life of the project.

Proof of recertification of the financial surety instrument must be submitted to the county annually.

Every five years, the facility owner or operator shall retain an independent licensed Iowa engineer approved by the county to re-estimate the total cost of decommissioning and attest that the value of the financial surety instrument is appropriate. This report shall be filed with the county and shall incorporate any new industry information learned since the last cost determination.

The required amount of the decommissioning fund shall match the re-estimated cost of decommissioning. Within 90 days of filing the re-estimation report with the county, the facility owner or operator shall cause the fund balance of the financial surety instrument to be adjusted to ensure that it matches the re-estimated decommissioning cost.

Commencement of site decommissioning. Decommissioning of the site shall commence at the time identified in the project decommissioning plan or performance agreement, or when the facility is determined to have been abandoned.

Decommissioning shall be completed in accordance with the approved decommissioning plan.

The landowner or tenant shall notify the zoning administrator both when the project is discontinued and when decommissioning is complete.

Third-party verification, as well as county verification of completed decommissioning will be required before the financial surety may be released.

The facility will be considered abandoned in the following circumstances:

(i)

Upon termination or expiration of the wind energy system leases/easements; or

(ii)

After one year without production, storage of energy, or use as a backup facility.

(iii)

Exceptions could be made for:

A force majeure event that has occurred or is occurring, which will prevent the facility from resuming operation within 12 months.

If the facility is in the process of being repowered.

The project is pending completion of construction of the facility due to a backlog of cases or service requests in the MISO queue.

A situation in which the project owner can provide evidence to the county board of supervisors, that the facility's period of continuous inactivity is due to circumstances beyond the project owner's control and that the facility has not been abandoned.

Appeal of the notice of abandonment from the county within a set time of the project owner's receipt of the notice in which the project owner explains the reasons for operational difficulty and provides a timeframe for corrective action that the county deems reasonable.

(10)

Agricultural impact mitigation plan (AIMP).

The UWECS facility owner/operator shall submit an AIMP detailing strategies to avoid or mitigate detrimental impact to agricultural land resulting from the construction, operation, maintenance and/or decommissioning of the wind energy system project. The primary goals of the AIMP are long-term protection of soil health and farming feasibility within the project area. An emphasis is placed on minimizing the area of project disturbance and limiting impact to surface and subsurface drainage, during both construction and decommissioning.

The AIMP shall include, but not be limited to:

Project overview. Provide general background, list of project components, and construction timeline.

Environmental/agricultural monitoring:

(i)

On-site monitoring to be conducted by third party environmental/agricultural professional during construction.

(ii)

Report of findings to be submitted to county monthly during construction.

(iii)

Third party professional responsible for verification and monitoring of:

Soil segregation, stockpiling, backfilling, respreading methods,

Trenching, directional boring and foundation installation,

Compaction avoidance and decompaction practices,

Grading plan adherence,

Wet weather conditions planning,

Drain tile system,

Erosion and sediment control measures.

Best management practices during construction and decommissioning:

(i)

Best management practices (BMPs) shall be included that demonstrate low impact development (LID) measures the applicant will take during construction or decommissioning. Those measures should identify topsoil type and depth for preservation and reapplication, reduce or mediate compacted soils, utilize trenchless technologies, minimize soil disturbance.

Subsurface drain tile survey, avoidance and mitigation plan:

(i)

Documentation and mapping of existing drain tile systems within the entire project area including elevation, location, and size of tile inlet and outlets. Mapping should include current and proposed underground conduit locations/easements.

(ii)

Plan for relocation, removal or restoration of tile damaged during construction.

(iii)

Description of long-term maintenance and plan for ongoing review of existing and newly constructed tile systems (if applicable).

Pre-construction and decommissioning soil health analysis:

(i)

Prior to construction, a soil analysis shall be conducted and assessed by a third-party professional to establish baseline soil health.

(ii)

Required sampling protocol:

Pre-construction baseline survey:

One sampling location per turbine site, drop zones (if distinct from turbine site), and representative sample of access roads based on soil mapping unit as identified in the USDA soil survey.

Two samples shall be collected from each sampling location (for example, the plow layer from 0 to 8 inches and subsoil from 8 to 16 inches).

Each sample shall consist of a minimum of 10 subsamples collected from disparate locations surrounding the sample location in each zone. Samples shall be analyzed for soil health and soil chemical parameters during the same seasonal period and at the same sampling locations, prior to construction, to establish a baseline.

In-field assessment resource evaluations shall be performed in conjunction with soil health testing for the purpose of tracking compaction, soil organic matter and aggregate stability indicators.

Soil sample analyses shall utilize a laboratory testing program that includes standard chemical analysis for phosphorous, potassium, calcium, sulfur, ph, cation exchange capacity (CEC), base saturation, and organic matter, and soil health analyses for soil respiration, wet aggregate stability, and active (permanganate oxidizable) carbon.

Decommissioning or project modification survey;

Same sampling protocols as preconstruction baseline survey.

Third-party evaluation and report on soil condition changes against baseline data.

Soil protection and compaction avoidance:

(i)

Plan should include, at a minimum, a narrative or plan for LID construction practices and methods to be used during each stage of construction for protecting and preserving topsoil. Practices and methods should address, at a minimum, topsoil removal, segregation, stockpiling, replacement during backfill, and respreading, grading minimization, compaction prevention, wet weather conditions, and post-construction decompaction.

All project areas in agricultural production at the time of permit issuance, that will not remain in agricultural production, shall be seeded with temporary cover within three months of commencement of pre-construction/civil activities (mobilization) if disturbance is not intended to occur within two months.

Erosion and sediment control:

(i)

The applicant agrees to conduct all roadwork and other site development work in compliance with a national pollutant discharge elimination system (NPDES) permit as required by the state department of natural resources and comply with requirements as detailed by local jurisdictional authorities during the plan submittal. If subject to NPDES requirements, the applicant must submit the permit for review and comment, and an erosion and sediment control plan before beginning construction. The plan must include both general "best management practices" for temporary erosion and sediment control both during and after construction and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas and to prevent sediment-laden run-off into waterways.

(11)

Wildlife monitoring and mitigation plan (WMMP):

The UWECS facility owner/operator shall submit a WMMP to mitigate risk to avian and bat populations during the construction and operation phases of the project. The purpose and procedures shall be designed to ensure:

Avian and bat fatalities and secondary effects on wildlife are minimized;

Project-related actions comply with federal and state wildlife regulations;

Adequate implementation training is provided to the construction contractor and operations and maintenance staff;

Coordination between the project developers and operators, wildlife agencies including Iowa Dept of Natural Resources (IDNR), and the Iowa Utilities Board (IUB) is effective and continuous.

The WMMP shall include, at a minimum, a narrative including the following:

Local, state and federal regulatory framework;

Site characterization;

Field studies documenting UWECS project area wildlife conditions and predict project impact:

(i)

A baseline study of the avian and bat habitat within the project boundary and a two-mile perimeter outside the project boundary. It shall be conducted by third-party licensed professional;

Preconstruction/construction avoidance and minimization measures;

Operation and maintenance procedures:

(i)

Post construction avian and bat fatality monitoring conducted by third party licensed professional for three years following completion of the project construction phase.

(ii)

Upgrades or retrofits to existing UWECS should not result in increased avian/bat collisions. The three-year monitoring timeline shall restart after 12 months of discontinued operation of any UWECS following a repair, retrofit, or repowering event.

Quality control and mitigation procedures.

(12)

Emergency Response Plan.

The applicant shall submit an emergency response plan prior to any ground disturbance at the project site detailing the planned response actions that will be taken by the UWECS operator, including any battery energy storage systems in the event of an emergency situation. These actions are intended to minimize health risks to personnel and people in the surrounding community, as well as minimize adverse impacts to the environment.

The plan shall include, but is not limited to, a detailed narrative of response procedures and the facility representatives responsible for management of the following plausible contingencies that could occur at the facility: natural disaster/severe weather, fire, security incident, capacity/transmission, environmental, chemical, pipeline (if applicable), and medical. It shall include procedures for a site evacuation, designated egress routes and emergency staging areas.

The plan shall include a method for ensuring that funds will be available for debris cleanup. The performance agreement and accompanying financial surety instrument for debris cleanup shall mirror the terms set forth in subsection (9)(d), except that the contingency amount shall be 50%. The performance agreement shall provide that if the site operator fails to complete debris cleanup following a casualty event in accordance with this section, the county may utilize the financial surety instrument to cause the same.

The plan shall include a stand-alone section detailing the emergency response protocols specific to battery energy storage areas (if applicable).

The plan shall be developed in coordination with local first responders, Linn County Emergency Management and Linn County Public Health personnel.

(13)

Future operators. Future operators, successors, assignees, or heirs shall agree in writing to accept and to conform to all conditions of approval in the staff report. Prior notice to the county of the intent to sell or transfer ownership shall be done in a timely manner. Such agreement shall be filed with and accepted by the county before the transfer to a new operator, successor, assignees, or heirs shall be effective.

(f)

Transportation and utilities, water distribution facility (water tower). Uses involving water distribution facilities (water towers) shall meet the following standards:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a use as described in this subsection.

(2)

Setbacks. The minimum required setback for water tower structures shall be the greater of the required setback for the district or the height of the water tower structure.

(3)

(g)

Utilities, consumer scale solar installations. Consumer scale solar installations that are accessory to a principal use shall meet the following standards:

(1)

Minor site plan and permits. A minor site plan shall be submitted and reviewed prior to the approval of any ground mounted consumer scale solar installation. All required permits shall be obtained prior to construction of a consumer scale solar installation.

(2)

Site and structure requirements.

Solar access easements allowed. Solar access easements may be filed consistent with I.C.A. § 564A.7.

Setback. Ground mounted consumer scale solar installations must adhere to the minimum setback standards for accessory structures for the zoning district where the project is located. Roof mounted consumer scale solar installations must adhere to the minimum setback standards for the applicable structure type and zoning district where the project is located.

(3)

Restrictions on solar installations limited. Restrictive covenants for new subdivisions shall not include unreasonable restrictions on the use of solar collectors per I.C.A. § 564A.8.

(h)

Utilities, utility scale solar installations.

(1)

Purpose. To encourage utility scale photovoltaic solar installations. Concentrating solar power (CSP) systems shall be prohibited.

(2)

Major site plan and rezoning required. A major site plan shall be submitted and reviewed prior to the approval of a utility scale solar installation. The area to be used for the utility scale solar installation shall require rezoning to the Renewable Energy Overlay Zoning District.

(3)

Conformance with Linn County Utility Scale Solar Scorecard. All projects shall meet the minimum passing threshold in the Linn County Utility Scale Solar Scorecard, as established by the board of supervisors.

(4)

Additional information. In addition to all submittal requirements of a major site plan and rezoning application, the application for a utility scale solar installation shall include the following information on the site plan or in narrative form, supplied by the utility scale solar installation owner, operator or contractor installing the structures:

Legal descriptions of all properties, leased and/or owned, identified to be part of the project area.

Number, location and spacing of solar panels/arrays.

Planned location of underground or overhead electric lines.

Project development timeline which indicates how the applicant will inform adjacent property owners and interested stakeholders in the community.

Pre-construction survey of nearby roads that may be impacted by construction of the facility.

Interconnection agreement.

Operation and maintenance plan.

Decommissioning plan.

Agricultural impact mitigation plan.

Vegetative management plan.

Wildlife/biological habitat assessment and mitigation plan.

Setback analysis showing the minimum setback requirements, or any agreed on greater setback provisions, are met by the project.

Emergency response plan.

(5)

Site and structure requirements.

Setback. Setbacks for all structures (including solar arrays) must adhere to the minimum principal setback standards for the zoning district where the project is located in addition to dwelling and stream corridor setbacks.

Solar panels, structures, and electrical equipment, excluding fences and power lines for interconnection, shall be kept a minimum of 300 feet from dwellings, unless the property owner waives the setback. Waiver must be in writing and recorded.

Solar panels, structures, and electrical equipment, excluding fences and power lines for interconnection, shall be kept a minimum of 120 feet from the centerline of all stream corridors and open ditches containing perennial flow throughout the majority of the growing season.

Screening. Project shall provide vegetative screening for all dwellings within 1,000 feet of the project boundaries.

Applicant shall submit a screening plan for each dwelling within 1,000 feet of the project boundaries.

Screening may be waived by the owner of a dwelling. Waiver must be in writing and recorded.

Screening may be waived by the zoning administrator upon submission of a viewshed study from the applicant demonstrating that the project is not within the viewshed of the dwelling due to topography, existing vegetation, or other factors. The point of reference used in the viewshed study shall be as close to the dwelling as possible.

Any vegetative screening within the project boundaries shall be maintained throughout the life of the project by the project owner. Any screening on the dwelling property shall be maintained by the project owner for no less than 12 months.

Deciduous trees shall have a minimum caliper of 1.5 inches when planted, shall be at least six feet tall within three years of installation, and shall have a minimum mature height of 12 feet.

Screening plans shall use no less than two varieties of tree.

Utility connections. Reasonable efforts shall be made to place all utility connections from the solar installation underground, depending on appropriate soil conditions, shape and topography of the site, distance to the connection, or other conditions or requirements.

Grading plan. A grading plan shall be submitted and shall include all proposed changes to the landscape of the site (e.g., clearing, grading, topographic changes, tree removal, etc.).

Glare minimization. All solar panels must be constructed to minimize glare or reflection onto adjacent properties and adjacent roadways and must not interfere with traffic, including air traffic, or create a safety hazard.

Compliance with local, state and federal regulations. Utility scale solar installations shall comply with applicable local, state and federal regulations.

Appurtenant structures. All appurtenant structures shall be subject to bulk and height regulations of structures in the underlying zoning district.

Floodplain considerations. Utility scale solar installations are considered to be maximum damage potential structures and facilities for purposes of the floodplain district regulations.

Fencing/security. A security fence must be installed along all exterior sides of the utility scale solar installation and be equipped with a minimum of one gate and locking mechanism on the primary access side. Security fences, gates and warning signs must be maintained in good condition until the utility scale solar installation is dismantled and removed from the site.

Panel height. To encourage the establishment of a diverse native seed mix, panels shall be installed a minimum of 24 inches from the lower edge of the panel at maximum tilt to the ground.

(6)

Avoidance and mitigation of damages to public infrastructure.

Roads. Applicants shall identify all roads to be used for the purpose of transporting solar components, substation parts, cement, and/or equipment for construction, operation or maintenance of the solar installation and obtain applicable weight and size permits from the impacted road authority prior to construction.

Existing road conditions. Applicant shall conduct and provide evidence of a pre-construction roadway conditions survey, in coordination with Linn County Secondary Roads, to determine baseline road conditions and authority. The survey shall adequately document all road, road right of way, and public drainage infrastructure conditions requested for use during all phases of construction. Applicants shall enter into a road use agreement with Linn County Secondary Roads that clearly details responsibilities for on-going road maintenance and dust control measures for all identified Linn County jurisdictional roads during all phases of construction. The road use agreement shall require certain applicant and county undertakings, including but not limited to providing financial assurance in the form of an irrevocable letter of credit, bond, cash, escrow or other form of security or guaranty acceptable to Linn County. The form of security shall be posted prior to construction mobilization and remain in effect up to 12 months post construction. At construction completion, applicant shall conduct and provide evidence of a post construction roadway conditions survey, in accordance with the road use agreement and in coordination with Linn County Secondary Roads, to determine Linn County road conditions meet the Linn County Secondary Roads engineer satisfaction.

Drainage system. The applicant shall be responsible repair of damage to public drainage systems stemming from construction, operation or maintenance of the solar installation. Applicant shall acknowledge any damage to public drainage systems and the responsibility for repair in a timely manner within 72 hours of damage discovery.

(7)

Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the solar installation including all necessary services, frequency of service, preventative maintenance measures, and monitoring. The operation and maintenance plan should include at a minimum:

Preventative maintenance practices and schedules for all on-site equipment including but not limited to: inverters, panels, equipment pads, tracking systems, transformers, access entrances, internal roads, gates, fencing, security systems, stormwater management installations.

Annual reporting and verification to county on the status or changes to ongoing service schedule.

Schedule of all other monthly, annual, or semiannual reporting requirements for other submittals including: agricultural impact mitigation plan, decommissioning plan, and vegetation management plan.

Noise. No operating solar energy equipment shall produce noise exceeding any of the following limitations, with the exception of initial construction and routine maintenance. Adequate setbacks and effective noise mitigating equipment shall be used to comply with these limitations:

An hourly average noise level of 55 dBA during the day (between sunrise and sunset), and an hourly average noise level of 50 dBA at night (between sunset and sunrise), as measured at the occupied dwelling of any adjacent property containing an existing residential structure. If the ambient sound pressure level exceeds 55 dBA during the day or 50 dBA at night, the standard shall be the ambient LEQ (equivalent continuous sound pressure level) plus five dBA.

A baseline noise evaluation shall be completed by a board certified professional by the Institute of Noise Control Engineering (INCE), or an appropriately licensed professional engineer (PE) prior to construction of the proposed solar site.

A post-construction noise evaluation shall be performed by a third-party board certified professional by the Institute of Noise Control Engineering (INCE), or an appropriately licensed professional engineer (PE) following commencement of commercial operation of the project to verify compliance with the county's standards.

The owner(s) of an adjacent property may voluntarily agree, by written and recorded waiver, to a higher noise level.

Issue resolution protocols. Contact information for responsible party to address issues that may arise (damaged equipment causing excessive noise, etc.)

Disposal/recycling plan for damaged or obsolete facility equipment or hazardous waste. No storage of inoperable or obsolete equipment shall be allowed to remain on-site. Site operator shall be responsible for the cleanup of debris related to storm damage.

Cleaning chemicals and solvents. During operation of the proposed installation, all chemicals or solvents used to clean photovoltaic panels should be low in volatile organic compounds and the operator should use recyclable or biodegradable products to the extent possible. Any on-site storage of chemicals or solvents shall be referenced.

Maintenance, repair, or replacement of facility. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to emergency response officials. Any retrofit, replacement or refurbishment of equipment shall adhere to all applicable local, state and federal requirements.

Repowering. At the discretion of the zoning administrator, proposals to replace more than 25 percent of the panels in a facility within a 12-month period may be required to submit a plan for review and approval. A repowering event does not include replacement of panels in previously approved locations due to weather damage, equipment failure, or a force majeure event.

The plan shall include updated information for some or all of the reports and plans required by this section, as determined necessary by the zoning administrator.

The zoning administrator shall review and approve, conditionally approve, or deny the repowering plan.

(8)

Decommissioning, abandonment, and site restoration plan.

The application must include a decommissioning plan that describes the following:

The anticipated life of the utility scale solar installation.

The anticipated manner in which the project will be decommissioned, including plans to recycle components and dispose of any hazardous materials.

The anticipated site restoration activities.

The estimated decommissioning costs in current dollars.

The method for ensuring that funds will be available for decommissioning and restoration of the site.

Decommissioning cost considerations. The applicant shall provide the basis for estimates of net costs for decommissioning the site. Site restoration activities as described later in this section.

Salvage value shall not be included in the cost estimate.

The cost basis shall include a mechanism for calculating adjusted costs over the life of the project.

Site restoration activities. Restoration activities shall include, but not be limited to, the following:

Removal of all components and equipment.

Soil in project area shall be decompacted and seeded with a cover crop, unless otherwise specified in the approved vegetation plan and/or agricultural impact mitigation plan.

Decommissioning funds shall be an amount equal to the total costs for decommissioning the site, plus a ten percent contingency.

Prior to any ground disturbance, grading or construction activity on the site, 25 percent of total estimated decommissioning costs shall be provided by any of the means listed above. An additional 25 percent shall be provided within five years and ten years of the date of initial approval, and the remaining 25 percent of the total re-estimated decommissioning costs shall be provided within 15 years of the date of initial approval. From that point forward, 100 percent of the total estimated decommissioning costs as determined by the most recent re-estimation shall be maintained in the decommissioning fund until the end of the functional life of the project.

Financial surety shall be maintained for the life of the project.

Proof of recertification of the financial surety instrument must be submitted to the county annually.

Every five years, the facility owner or operator shall retain an independent licensed state engineer approved by the county to re-estimate the total cost of decommissioning and attest that the value of the financial surety instrument is appropriate. This report shall be filed with the county and shall incorporate any new industry information learned since the last cost determination.

Decommissioning shall be completed in accordance with the approved decommissioning plan.

The landowner or tenant shall notify the zoning administrator both when the project is discontinued and when decommissioning is complete.

Third-party verification, as well as county verification of completed decommissioning will be required before the financial surety may be released.

The facility will be considered abandoned in the following circumstances:

Upon termination or expiration of the solar farm leases/easements; or

ii.

After one year without production, storage of energy, or use as a backup facility.

iii.

Exceptions could be made for:

A force majeure event that has occurred or is occurring, which will prevent the facility from resuming operation within 12 months.

If the facility is in the process of being repowered.

The project is pending completion of construction of the facility due to a backlog of cases or service requests in the MISO queue.

(9)

Agricultural impact mitigation plan (AIMP).

The applicant shall submit an AIMP detailing strategies to avoid or mitigate detrimental impact to agricultural land resulting from the construction, operation, maintenance and/or decommissioning of the solar project. The primary goal of the AIMP is long-term protection of soil health to ensure the project area can be used for productive agricultural use both during, and at the end of the functional life of the project.

The AIMP shall include, but not be limited to, the following information:

Project overview. Provide general background, list of project components, and construction timeline.

Environmental/agricultural monitoring.

On-site monitoring to be conducted by third party environmental/agricultural professional during construction.

ii.

Report of findings to be submitted to county every 30 days during construction.

iii.

Responsible for verification and monitoring during and post construction of:

Soil segregation, stockpiling, backfilling, respreading methods.

Trenching and foundation installation.

Compaction avoidance and decompaction practices.

Grading plan adherence.

Wet weather conditions planning.

Drain tile system.

Erosion and sediment control measures.

Installation and effectiveness of stormwater management structures.

Invasive species prevention and mitigation.

Best management practices during construction and operation.

Best management practices (BMPs) shall be included that demonstrate low impact development (LID) measures the applicant will take during construction to minimize negative impact to long-term soil health and future agricultural viability. BMPs should preserve topsoil, reduce or eliminate compacted soils, test and design the project with regard for protection of existing soil profile below 12 inches, include robust long-term soil health monitoring protocols, invasive species prevention, and establish and maintain native, deep-rooted vegetative ground cover.

Subsurface drain tile survey, avoidance and mitigation plan.

Documentation and mapping of existing drain tile systems within the entire project area including elevation, location, and size of tile inlet and outlets.

ii.

Plan for relocation, removal or restoration of tile damaged during construction.

iii.

Description of long-term maintenance and plan for ongoing review of existing and newly constructed tile systems (if applicable).

Pre-construction soil health analysis and long-term soil monitoring plan.

Prior to construction, a soil analysis shall be conducted and assessed by a third-party professional to establish baseline soil health.

ii.

Required sampling protocol:

Pre-construction and post-construction baseline surveys.

One sampling location per zone shall be created based on random sample method or soil type, with each zone not to exceed 20 acres.

Two samples shall be collected from each sampling location (for example, the plow layer from zero to eight inches and subsoil from eight to 16 inches).

Each sample shall consist of a minimum of ten subsamples collected from disparate locations surrounding the sample location in each zone samples shall be analyzed for soil health and soil chemical parameters during the same seasonal period and at the same sampling locations once prior to construction and once post-construction to establish a baseline.

In-field assessment resource evaluations shall be performed in conjunction with soil health testing for the purpose of tracking compaction, soil organic matter and aggregate stability indicators.

Soil sample analyses shall utilize a laboratory testing program that includes standard chemical analysis for phosphorous, potassium, calcium, sulfur, pH, cation exchange capacity (CEC), base saturation, and organic matter, and soil health analyses for soil respiration, wet aggregate stability, and active (permanganate oxidizable) carbon.

Year five through end of project life.

Same sampling protocol as above except frequency shall occur once every five years.

Third-party evaluation and report on soil condition changes against baseline data throughout the lease period. Frequency of reporting shall match sampling protocol.

Soil protection and compaction avoidance.

All project areas in agricultural production at the time of permit issuance, shall be seeded with temporary cover within three months of commencement of pre-construction/civil activities (mobilization) if disturbance is not intended to occur within two months.

Erosion and sediment control.

Stormwater management plan.

For the purposes of pollutant removal, stormwater rate and runoff management, flood reduction and associated impacts, the applicant shall provide a detailed analysis of pre- and post-development stormwater runoff rates for review by local jurisdictional authorities. Such review may incorporate stormwater management criteria as set forth in the Cedar Rapids Metropolitan Area Engineering Design Standards Manual for detention of specified rainfall events, and infiltration components consistent with practices as detailed in the state stormwater management manual.

(10)

Vegetation management plan. The application must include a vegetation management plan with the primary function of promoting long term soil health, through plant stand persistence, plant diversity, and use of deep-rooted perennials by utilizing recognized establishment and maintenance practices for native vegetation. The vegetation management plan shall include:

A description of the site characteristics including project location, size of the project in terms of acres, existing vegetation, current land uses, soils on and adjacent to the site using, topography with and adjacent to project site using two-foot contours, and a description of the general hydrologic conditions of the site and adjoining areas noting any significant features (public waters, water bodies, drainage ways, wetlands, farmed wetlands, restorable wetlands, sinks, hydric soils, etc.).

A description of the management areas with maps including but not limited to the following: areas under the arrays, perimeter plantings, and any other designated management areas within or adjacent to the site.

A description of the management objectives for each management area including:

Short-term management objectives for each area (seed establishment zero to five years). The emphasis will be on management strategies used during the vegetation establishment phase such as: cover crop and soil stabilization, weed and non-native species management, targeted re-seeding, etc.

Long term management objectives for each area (five years after establishment to end of permit) such as: target goals such as the percentage of the site covered by native species, development of a monitoring plan, and management strategies such as supplemental seeding.

Establishment and management practices including:

Site preparation (schedules/sequence of planned construction, planting, and management activities).

Eliminating soil compaction prior to seeding.

Seedbed preparation.

Invasive species prevention.

Cover crop planting and temporary covers.

Establishment methods in years zero to five.

Management methods in year six and beyond.

Grazing practices (if applicable).

Seeding and planting practices including:

Seed mixes (names, ounces/acre in pure live seed), seeds per square foot, percent of mix based on seeds per square foot). A complete list of seeds shall be provided as well as a map denoting the seed mix areas. Prior to seed procurement, seed origin shall be added to the list of seeds.

At a minimum, ground under and around the solar array shall be planted with a perennial vegetated ground cover that includes a mix of perennial grasses and wildflowers that will preferably result in short stature prairie with a diversity of forbs and flowering plants that bloom throughout the growing seasons. Perennial vegetation (grasses and forbs) used shall be native on a regional basis (preferably to Iowa) but where appropriate to the ground cover plan goals, may also include other naturalized and non-invasive species which limit noxious and invasive species encroachment, provide habitat for pollinators and wildlife, build soil health, and/or provide other ecosystem services (i.e. clovers). Non-native species shall be limited to the following: legumes, not exceed 20 seeds per square foot and grasses, not to exceed 15 seeds per square foot.

ii.

Wherever native vegetation is discussed, including in the Linn County Utility Scale Solar Scorecard, native vegetation shall be defined as seed mix plan that meet criteria as described within the United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS) Iowa 327 Conservation Cover Standard and supporting reference documents developed through the use of the Iowa NRCS Native Seed Calculator, or any other similar standard as approved.

iii.

Cover crop and other short-term seeding methods shall be utilized for the purpose of site stabilization for all areas in agricultural production within three months of commencement of pre-construction/civil activities (mobilization) if planned disturbance is not intended to occur within two months of the time of permit issuance, preventing growth of noxious and invasive species, and aide in long term vegetative establishment. In addition to seed criteria specified above cover crop choice(s) shall meet or exceed 80 percent by volume of pure live seed at time of use, be seeding date and zone appropriate for the selected species and be based on minimum thresholds as described within the USDA - NRCS Iowa 340 Cover Crop Standard, or other similar standard as approved.

If visual screening is part of the project, provide a complete list of plantings as well as the size of the plantings.

Summarize steps taken to ensure that any pesticides used at or near the site will not drift and impact native vegetation.

Describe how planting will be conducted in each area (array, perimeter, detention area, etc.) including the sequence of planting, time of planting, and planting method.

Vegetation monitoring and adaptive management practices to be used on site including:

Construction monitoring. For compliance with the agricultural impact mitigation plan, a third-party qualified site monitor shall be required to be present on-site during construction to ensure soil health is maintained.

Vegetation establishment and monitoring plan. A qualified third-party independent monitor shall complete vegetation monitoring activities and provide reports to Linn County staff. Reports shall be submitted annually during the establishment phase (first five years) and every three years afterwards. Reports shall include: summary of site conditions and management activities, description of adaptive management actions implemented, description of any management challenges, an evaluation on whether the project is meeting stated management objectives.

Adaptive management practices. Adaptive management approach shall use the results of the annual report and other site visits to determine measures necessary to achieve the stated management objectives.

(11)

Wildlife and habitat assessment and mitigation plan.

The applicant shall submit a wildlife and habitat assessment and mitigation plan detailing strategies to avoid, or mitigate for, detrimental impact to existing habitat and wildlife resulting from the construction, operation, maintenance and/or decommissioning of the solar project. Consideration of established migration patterns, emphasis on habitat fragmentation avoidance, and allowance for limited wildlife movement into and through the array zones via wildlife friendly fencing design shall be considered.

Fenced array areas are limited to 160 acres before establishment of a wildlife corridor shall be required.

Solar panels, appurtenant structures, electrical equipment, and fencing, excluding power lines for interconnection, shall not be located within established drainageways. Drainageways shall be defined as stream corridors and open ditches containing perennial flow throughout the majority of the growing season.

(12)

Emergency response plan.

The applicant shall submit an emergency response plan prior to any ground disturbance at the project site detailing the planned response actions that will be taken by the solar facility operator, including any battery energy storage systems in the event of an emergency situation. These actions are intended to minimize health risks to personnel and people in the surrounding community, as well as minimize adverse impacts to the environment.

The plan shall include a stand-alone section detailing the emergency response protocols specific to battery energy storage areas (if applicable).

The plan shall be developed in coordination with local first responders, Linn County Emergency Management and Linn County Public Health personnel.

(13)

(i)

Utilities, consumer scale battery energy storage systems. Consumer scale battery energy storage systems that are accessory to a principal use and are meant to store energy to be primarily used on-site. A complete application shall include the following:

(1)

Minor site plan and permits. A minor site plan shall be submitted and reviewed prior to approval.

(2)

All required permits shall be obtained prior to construction.

(3)

Setbacks. These installations must adhere to the minimum setback standards for the zoning district where the project is located, and any applicable buffer requirements.

(j)

Utilities, utility scale battery energy storage systems. Utility scale battery energy storage systems that are meant to store and/or supply energy for the primary purpose of wholesale or retail sales of generated electricity, and that are proposed either as part of a utility scale solar project or utility scale wind energy conversion systems or as a standalone project that requires rezoning to the renewable energy overlay zoning district. A complete application shall include the following:

(1)

Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a utility scale battery energy storage system. This site plan shall also include the following in addition to requirements set forth in section 107-71:

Power and communications lines.

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

(2)

Additional information. In addition to all submittal requirements of a major site plan and rezoning application, the application for the battery energy storage system shall include the following:

Property legal descriptions. Legal descriptions shall be submitted for the subject property (leased and/or owned) on which the battery energy storage system will be located.

Pre-construction survey of nearby roads that may be impacted by construction of the facility.

Interconnection agreement.

Operation and maintenance plan.

Tile investigation report.

Emergency response plan.

Decommissioning plan.

Setback analysis showing the minimum setback requirements, or any agreed on greater setback provisions, are met by the project.

(3)

Site and structure requirements.

Setbacks.

All components of the battery energy storage system shall be setback at least 200 feet from a property line or right-of-way.

All components, except the interconnection point, installed as part of the battery energy storage system shall be setback at least 500 feet from the nearest property line including an occupied structure not located on the subject property. However, if the developer of the facility can obtain and record with the county recorder a written, signed, and notarized statement from the owner of the property containing said structure waiving this setback, the minimum setback from may be reduced to 200 feet.

If the battery energy storage system is to be installed in conjunction to a new utility-scale solar facility, the battery energy storage system shall be sited so as to be located within the interior of said facility, with the banks of solar panels lying between the battery energy storage system and the edges of the facility.

All components of the battery energy storage systems shall be setback a minimum of 120 feet from the centerline of all stream corridors and open ditches containing perennial flow throughout the majority of the growing season.

Height. Battery energy storage system shall not exceed the maximum height for the zoning district in which it is located.

Fencing requirements. The battery energy storage system including all mechanical equipment, shall be enclosed in fencing, with a self-locking gate, and shall be a primarily woven wire or agricultural style fencing. The fence shall contain appropriate warning signage that is posted such that is clearly visible on the site. The warning signage shall include the type of technology associated with the battery energy storage system, any special hazards associated, the type of suppression system installed in the area of the battery energy storage system, and 24-hour emergency contact information, including reach-back phone number. Security fences, gates and warning signs must be maintained in good condition until the installation is dismantled and removed from the site.

Landscape buffer and screening. In an effort to mitigate any potential negative effects and reduce the visual impact of the facility, the perimeter of the facility shall be landscaped to create a visual screen from neighboring properties. Landscaping shall be installed within a planting area around the facility, in accordance with the following standards:

The landscaping buffer shall preferably use trees, shrubs, grasses and forbs that are native to Iowa, or where appropriate may include naturalized and non-invasive species.

The landscaping buffer shall use a combination of trees and plants to provide a vegetative screen. Trees shall be at least six feet tall within three years of installation and shall have a minimum mature height of 12 feet or the height of any fencing, whichever is taller.

The planting area shall be located immediately adjacent to and outside the use area and shall extend no further than 50 feet beyond the outside of the use area, which includes the security fence, required parking areas, required stormwater infrastructure, or other structures or infrastructure required or proposed with the development.

At the discretion of the approving authority, the minimum mature height of vegetative screening may be modified where the applicant can show good cause or practical difficulty.

If the battery energy storage system is being constructed within the interior of a utility-scale solar facility, planning and zoning staff may waive or modify the requirements in this subsection specific to battery energy storage systems.

Floodplain considerations. Utility scale battery energy storage systems are considered to be maximum damage potential structures and facilities for purposes of the floodplain district regulations.

(4)

Avoidance and mitigation of damages to public infrastructure.

Drainage system. The applicant shall be responsible for repair of damage to public drainage systems stemming from construction, operation or maintenance of the installation.

(5)

Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the battery energy storage system, including all necessary services, frequency of service, preventative maintenance measures, and monitoring. The operation and maintenance plan should include at a minimum:

Preventative maintenance practices and schedules for all on-site equipment.

Annual reporting and verification to county on the status or changes to ongoing service schedule

Noise. The one-hour average noise generated by from the battery energy storage system, components, and associated ancillary equipment shall not exceed a noise level of 55 dBA as measured from the occupied dwelling of any adjacent property containing an existing residential structure. Applicants may submit equipment and component manufacturer noise ratings at the time of application to demonstrate compliance. If the ambient sound pressure level exceeds 55 dBA, the standard shall be the ambient LEQ (equivalent continuous sound pressure level) plus five dBA.

At the discretion of the approving authority, the applicant may be required to provide a baseline noise evaluation study completed by a board certified professional by the Institute of Noise Control Engineering (INCE), or an appropriately licensed professional engineer (PE) prior to construction of the proposed solar site.

To document decibel level if there is a complaint on an operational system, at the discretion of the zoning administrator, the owner shall commission a report providing operating sound pressure level measurements from a reasonable number of sampled locations at the property line of any adjacent property containing an existing residential structure or any property zoned residential to demonstrate compliance with this standard. Report shall be completed by a board certified professional by the Institute of Noise Control Engineering (INCE), or an appropriately licensed professional engineer (PE).

The owner(s) of an adjacent property may voluntarily agree, by written waiver, to a higher noise level.

Issue resolution protocols. Contact information for responsible party to address issues that may arise (damaged equipment causing excessive noise, etc.)

Fire safety compliance. The applicant shall document and describe how the fire safety system and its associated controls will function and be maintained in proper working order.

Stormwater management considerations.

A run-off catch basin or other similar facility may be required to prevent contaminants from leaving the project area. If required, the applicant shall describe how the basin will be maintained for the life of the project.

Applicant shall contact the Iowa Department of Resources and Linn Soil and Water Conservation District to request recommendations for stormwater management practices to be used on the site. These recommendations may be considered by the planning and zoning commission and the board.

(6)

Tile investigation report. The applicant must submit a tile investigation report for the entire project area, identifying all drain tiles located therein. The applicant shall maintain and protect all drain tiles located within the project area and shall repair or replace any drain tiles damaged as a consequence of the installation or removal of the battery energy storage system and/or associated components.

(7)

Emergency response plan. A copy of the approved emergency response plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

Procedures to be followed in response to notifications from the battery energy storage system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department and Linn County Emergency Management, de-energizing equipment, and controlling and extinguishing the fire.

Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

Other procedures as determined necessary by the county to provide for the safety of occupants, neighboring properties, and emergency responders.

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

(8)

Decommissioning and site restoration plan. The decommissioning and site restoration plan shall address and/or ensure the following standards:

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

The anticipated life of the battery energy storage system.

The estimated decommissioning costs and method of ensuring funds will be available. Estimates for the total cost for decommissioning the site shall be determined by a licensed engineer. Salvage value shall not be included in the cost estimate. Cost estimate shall include a mechanism for calculating adjusted costs over the life of the project.

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

Following a continuous one-year period in which no energy is stored, or if substantial action on construction or repairs to the project is discontinued for a period of one year, the permit holder will have one year to complete decommissioning of the battery energy storage system. At the discretion of the zoning administrator, the continuous one-year period that triggers decommissioning may be extended if the applicant demonstrates ongoing commitment to the project through activities such as but not limited to making lease payments or documentation of ongoing maintenance or repairs.

Decommissioning shall be completed in accordance with the approved decommissioning plan.

The landowner or tenant shall notify the zoning administrator both when the project is discontinued and when decommissioning is complete.

At the discretion of the approving authority, financial surety may also be required.

(9)

(10)

Compliance with local, state and federal regulations. Utility scale battery energy storage systems shall comply with applicable local, state and federal regulations.

(Code 2006, ch. 41, art. 6, § 7; Ord. No. 3-3-2010, 4-1-2010; Ord. No. 1-3-2014, 3-17-2014; Ord. No. 1-3-2016, 4-1-2016; Ord. No. 1-2-2020, Att. A, § 3, 2-12-2020; Ord. No. 19-12-2020, § 1(Att. A), 12-8-2020; Ord. No. 10-9-2023, §§ 1—3, 9-20-2023; Ord. No. 3-7-2024, §§ 1, 3, 7-31-2024; Ord. No. 6-9-2024, § 1, 9-11-2024)

Linn County Unincorporated
City Zoning Code

ARTICLE VI

- SPECIFIC DEVELOPMENT STANDARDS

Sec. 107-111. - Introductory provisions.

(a)

(b)

(c)

Exempted agricultural uses. It is not the intent of this article to control uses that qualify for the farm exemption contained in section 107-92.

(d)

(e)

(Code 2006, ch. 41, art. 6, § 1; Ord. No. 11-9-2020, § 1(Att. A), 9-9-2020; Ord. No. 12-11-2023, § 3, 11-15-2023)

Sec. 107-112. - Standards for agricultural uses.

(a)

(1)

(2)

Juvenile animals. The number of juvenile animals less than eight months of age is not limited provided they are offspring to the allowed adult animals.

(3)

Show animals. Small animals kept primarily for the purpose of display and exhibition at fairs and like events and not for commercial purposes shall not count towards the 12 animal per acre limit.

Table 107-112 Maximum animal densities in VR, VM, RR or USR districts

Size and Type of Animals	VR, RR1/RR2/RR3 District	VR, VM, USR and USR-MF District
Large animals: horses, cattle, llamas, elk, deer, and other similar animals	One per acre	One per acre only on lots of three acres or larger
Intermediate animals: sheep, swine, goats, geese, turkeys, pea fowl, and other similar animals	Three per acre	Three per acre only on lots of three acres or larger and excluding swine
Small animals: domestic fowl, rabbits, chinchillas, and other similar size animals	Twelve (12) per acre. For parcels less than one (1) acre in size, no more than twelve total	Twelve (12) per acre. For parcels less than one (1) acre in size, no more than twelve total