Newton City Zoning Code
SPECIFIC REGULATIONS
§ 158.110 ACCESSORY BUILDINGS.
(A) Location. Detached accessory buildings, which do not include a residential use within the structure, may be located no closer than three feet to any side or rear property line and no closer than four feet to any other building or structure on the property. Attached accessory buildings or structures shall be considered part of the building to which they are attached, and shall not occupy any portion of a required yard.
(B) Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
(C) Percentage of required rear yard occupied. No accessory building or structures or a total of all accessory building and structures shall occupy more than 40% of the area of the required rear yard.
(D) Height of accessory buildings or structures on residential lots. No detached accessory building or structure located on a residential lot shall exceed a height of 15 feet, as measured to the midpoint of the roof slope or the average height between the roof edge and highest portion or ridge of the roof.
(E) Accessory buildings requiring conditional use permit. When the requirements of a zoning district dictate that a conditional use permit is required for the construction of an accessory building or structure with a footprint greater than 1,000 square feet, the Zoning Board of Adjustment shall review the proposal in accordance with § 158.178(CC) of this chapter and the following criteria.
(1) Location. Location and setback allowances stipulated in division (A) above do not apply in the instance that the proposed accessory building or structure is only permissible with the issuance of a conditional use permit. Standard setback requirements for the zoning district in which the property is located shall dictate the minimum setback requirements.
(2) Screening. When a conditional use permit is required, the Zoning Board of Adjustment may require screening from adjoining properties only when the distance between the proposed structure and the adjoining property line is 30 feet or less. Screening may consist of, but is not limited to, plantings and landscaping or solid style fencing.
(3) Drainage. When a conditional use permit is required, the Zoning Board of Adjustment shall determine that the construction of the accessory building or structure does not negatively impact storm water drainage in the neighborhood.
(4) Visual interest. When a conditional use permit is required, accessory buildings, located on properties two acres in size or less, shall provide exterior decorative feature(s) to create visual interest along exterior walls that are greater than 40 feet in length. Visual interest features may include, but are not limited to, multiple exterior siding materials or colors, windows or wall plane articulation.
(2011 Code, § 34.0301) (Ord. 2227, passed 3-17-2014; Ord. 2313, passed 11-7-2017; Ord. 2435, passed 8-21-2023)
§ 158.111 ADULT USES.
(A) Adult uses in business districts which are immediately adjacent to and which serve residential neighborhoods have a deleterious effect on both the business and the residential segments of the neighborhood. The establishment of more than two adult uses within 1,000 feet of each other compounds this deleterious effect. Control of the location of adult uses is needed to allow an acceptable level of such uses while maintaining neighborhoods which meet the expectations of the general public.
(B) An adult use shall not be located within 1,000 feet of another adult use, nor shall they be located within 1,000 feet of any public or parochial school, licensed day care facility, church, public park, residential zoning district or any dwelling (one-family, two-family or multi-dwelling).
(C) The 1,000 feet restrictions shall be computed by measurement from the residential zone or from the nearest property line of the land used for another adult use or any public or parochial school, licensed day care facility, church, public park, residential zoning district or any dwelling to the nearest entrance of the building in which adult uses are to occur, using a route of direct measured horizontal distance.
(D) All buildings openings, entries, windows and the like shall be covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks, walkways or from other public or semi-public areas.
(2011 Code, § 34.0302)
§ 158.112 BED AND BREAKFAST INNS.
(A) These regulations shall apply to all applications for bed and breakfast inns.
(B) For each bed and breakfast inn application, the information regarding the following shall be provided by the applicant: accessibility for the disabled, address of the site, alcohol policies, historical/architectural significance, landscape screening plans, length of stays, lighting, meal service plans, noise limitations, number and location of parking spaces (one off-street space for each room is required), number of guests, number of rooms, outdoor activity hours, ownership (non-transferable), plans for any outside employees, plans for daytime use, plans to comply with health, building and fire codes, and signage.
(C) When a conditional use permit is required for the bed and breakfast inn application, the Zoning Board of Adjustment shall make specific rulings regarding each piece of information listed in division (B) above, in order to ensure compatibility with the surrounding neighborhood.
(D) Pickup or delivery of materials or products requiring the use of a vehicle other than a car, pickup truck or similar passenger vehicle shall be limited to once per week.
(E) For all bed and breakfast inn permits, it shall be clearly written on the permit that any failure of the permittee to comply with the conditions of approval shall be deemed cause for revocation of the permit.
(F) Bed and breakfast inns differ from short-term rental properties in that a short-term rental property does not include a unit that is used for any retail, restaurant, banquet space, event center, or other similar use, as defined by Iowa Code Ch. 414.1.
(2011 Code, § 34.0302A) (Ord. 2435, passed 8-21-2023)
§ 158.113 TEA ROOMS.
(A) Submittals. The following information shall be provided by the applicant for review by the city: accessibility accommodations for the disabled, site plan, parking plans, landscaping and buffering plans, alcohol policies, historical or architectural significance of structure, proposed hours of operation, noise policies/limitations, proposed maximum occupancy, plans for any accessory retail uses, sample/representative menu, floor layout plans, signage plans.
(B) Conditional use review. When a conditional use permit is reviewed, the Zoning Board of Adjustment shall address the following items in addition to the requirements of § 158.178(CC) of this chapter: off-street parking accommodations, buffering and screening to adjacent residential properties, hours of operation, compatibility with normal residential character, confirmation that the proposed use meets the definition of tea room, review of floor plan and review of any proposed retail component.
(C) Deliveries. Pick-up or delivery of materials or products requiring the use of a vehicle other than a car, pick-up truck or similar passenger vehicle shall be limited to once per week.
(D) Conditional use permits. For all tea room (tea house) conditional use permits, is shall be clearly written on the permit that any failure of the permittee to comply with the conditions of approval shall be deemed cause for revocation of the permit.
(2011 Code, § 34.0302B)
§ 158.114 NEIGHBORHOOD CENTER.
(A) Purpose and intent. The intent of this section is to provide for opportunity for the inclusion of low intensity commercial services located within a master planned development offering a unique living experience within the city.
(B) Eligibility. Approval of a neighborhood center will only be considered in the following developments:
(1) In an undeveloped subdivision consisting of 50 or more platted residential lots; or
(2) In existing subdivisions where no more than 30% of the lots have homes constructed on them and meet the minimum size requirement, and upon submittal of a petition of support by at least 80% of the property owners of the developed lots to the Zoning Board of Adjustment.
(C) Allowed uses. Real estate; travel agency; personal finance; insurance office; law office; medical/dental/chiropractic office; basic salon services such as manicure, pedicure, barber, stylist; fitness facility; art gallery; or other similar use as determined and approved by the Zoning Board of Adjustment.
(D) Submittals. The following information shall be provided by the applicant for review by the city:
(1) Basic subdivision layout, including general internal street pattern, lot layout plan, storm water detention plans:
(a) The preliminary plat for the subdivision shall be submitted, reviewed and approved by the city’s Planning and Zoning Commission and City Council within 365 days of the issuance of the conditional use permit. Failure to complete the preliminary plat shall cause the conditional use permit to be revoked;
(b) The final plat for the subdivision shall be submitted, reviewed and approved by the city’s Planning and Zoning Commission and City Council within two years of the issuance of the conditional use permit. Failure to complete the final plat shall cause the conditional use permit to be revoked; and
(c) In the case of a phased subdivision, the final plat for Phase I shall be submitted, reviewed and approved by the city’s Planning and Zoning Commission and City Council within two years of the issuance of the conditional use permit. Subsequent phases shall be submitted, reviewed, and approved by the city’s Planning and Zoning Commission and City Council within three years of the finalization of the previous phase until a point that 50 platted lots have been created.
(2) Proposed list of uses within the neighborhood center, hours of operation for the facility, and proposed timing of development;
(3) Interior building layout, exterior building architectural design plans and report on compatibility with normal residential character;
(4) Site plan and off-street parking layout;
(5) Proposed signage;
(6) Landscaping and buffering plans; and
(7) Accessibility accommodations for the disabled.
(E) Deliveries. No pick-up or delivery of materials or products requiring the use of a semi-truck.
(F) Conditional use review. When a conditional use permit is reviewed, the following items shall be reviewed in addition to the requirements of § 158.178(CC) through (LL) of this chapter: off-street parking accommodations, buffering and screening to adjacent residential properties, hours of operation, compatibility with normal residential character, confirmation that the proposed use meets the definition of a neighborhood center and compliance with all submittal requirements.
(G) Duration of conditional use permit.
(1) The conditional use permit shall only expire upon change in property ownership, upon the inclusion of uses not included in the original permit, or upon violation of any permit requirement.
(2) For all neighborhood center conditional use permits, it shall be clearly written on the permit that any failure of the permittee to comply with the conditions of approval shall be deemed cause for revocation of the permit.
(Ord. 2226, passed 3-17-2014)
§ 158.115 FENCES.
(A) Fences may be built on property lines.
(B) Fences in the front yard area must be at least 50% open and no taller than four feet tall.
(C) Fences in the side or rear yards may be closed-type fencing and may be no taller than seven feet tall.
(D) Barbed wire fences shall be permitted only for livestock and other agricultural uses or atop security fences in commercial and industrial zones. Under no circumstances shall concertina wire be permitted.
(E) Electric fences shall be permitted only for livestock enclosures and shall not carry a charge greater than 25 milliamperes nor a pulsating current longer than one-tenth second in a one second cycle. All electric fences shall carry the seal of approval of an approved testing laboratory.
(F) No closed fences shall be permitted in the required front yard of any commercial zoning district.
(G) Security fences shall be permitted in the required front yard of industrial or commercial zoning districts or for local utility infrastructure in any zoning district; provided that, they do not encroach upon any required traffic visibility zone which must be approved by the Newton Public Works Department. Security fences shall be defined as a type of fencing that is no taller than seven feet in total height that incorporates additional features such as barbed wire, alarm systems, camera systems, and/or motion sensors for the purpose of providing enhanced protection for assets inside the fenced area. Allowable materials include timber, welded wire mesh, metal railings, and chain link fencing.
(H) No closed fences shall be permitted within existing storm sewer and drainage easements.
(I) Fences within existing drainage easements must be an open-style to allow for proper surface drainage. Any installation of fencing within an existing easement is completed at the owners own risk and may be removed for access and/or maintenance work.
(J) All proposed fences in the city shall obtain a fence permit from the Community Development Department before construction may begin.
(2011 Code, § 34.0303) (Ord. 2378, passed 7-20-2020; Ord. 2435, passed 8-21-2023)
§ 158.116 HOME OCCUPATIONS.
(A) Such occupation shall be carried on wholly within the principal building or a building accessory thereto, and only by members of the family occupying the premises. There shall be no outside employees.
(B) No exterior storage of materials.
(C) No other exterior indication of such occupation or variation from the residential character of the principal building.
(D) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(E) Customer visits shall be limited by appointment at a maximum of two per hour.
(F) Pickup or delivery of materials or products requiring the use of a vehicle other than a passenger vehicle shall be limited to one per week.
(G) There shall be no exterior display of products and no exterior sign, except as allowed by the sign regulations.
(H) Fireworks related business is not allowed as a home occupation.
(2011 Code, § 34.0304) (Ord. 2299, passed 5-15-2017)
§ 158.117 NON-CONFORMITIES.
(A) Any lawful use of land or structures existing at the time of passage of the zoning chapter or subsequent amendment, may be continued with the following limitations.
(1) No such non-conforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of this chapter, except in compliance with the provisions of this chapter. Use or occupation of an area of land is intended to mean only that land which is actually utilized by the non-conforming use and shall not be interpreted to include a larger area of land by virtue of ownership, intent to use or any other argument less than actual use and physical occupation by the non-conforming use.
(2) No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not physically occupied by such use at the time of adoption of this chapter.
(3) Any non-conforming structure or structure containing a non-conforming use which has been damaged or destroyed by accident, fire, explosion, natural disaster or public enemy may be repaired or reconstructed on the existing footprint of the building, as long as the degree of non-conformity is not increased. The use is permitted to continue as it existed before the damage.
(4) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land.
(5) No non-conforming use of greater intensity may be substituted for any other non- conforming use.
(6) Once a use has been converted to a conforming use, it shall not be converted back to a non-conforming use.
(7) No non-conforming use shall be established after having been discontinued for six months. Vacating of premises or building or non-operative status shall be evidence of discontinued use.
(8) Premises used for open storage, signs and billboards not expressly permitted in residential zoning districts in which they are located and where such uses existed prior to adoption of this chapter shall discontinue use upon adoption of this chapter and shall not be permitted to continue as non-conforming uses. Any such uses shall be in violation of this chapter.
(9) Structural alterations may be made to non-conforming buildings to meet the minimum requirements of other city codes and to maintain the building in a safe condition.
(10) Any use of land, use of structure or any structure in existence at the time of adoption of this chapter which was not an authorized non-conformity under previous zoning chapters, shall not be authorized to continue its non-conforming status pursuant to this chapter or amendments thereto.
(B) In any event, restoration or repair of the building or other structure shall be started within the period of six months from the date of damage or destruction and diligently prosecuted to completion.
(C) Unless authorized by the Board of Adjustment, a non-conforming building may be enlarged or extended only if the addition is made to conform to all the regulations of the district in which it is located; provided that, the Board of Adjustment may authorize additions to and enlargements of non-conforming uses as an authorized variance without insisting upon the requirement of this section.
(2011 Code, § 34.0305)
§ 158.118 WIND ENERGY CONVERSION SYSTEMS.
(A) Purpose and applicability.
(1) The city finds that wind energy is an abundant, renewable and non-polluting energy resource and that its conversion to electricity will reduce our dependence on non-renewable energy resources and decrease the air and water pollution that results from the use of non-renewable energy sources. The state has enacted a number of laws and programs to encourage the use of small-scale renewable energy systems, include net metering, sales tax exemptions, property tax exemptions, production tax credits and the small wind innovation zone program.
(2) The provisions of this section shall apply to the display, construction, erection, alteration, other-than-normal maintenance, location, and operation of all wind energy conversion system structures and associated equipment. The goal of this section is to balance the need for clean and renewable energy with the necessity to protect the health, safety, and general welfare of the community.
(3) This section applies to all wind energy conversion systems (WECS) located on privately owned or publicly owned property. All wind energy conversion systems shall obtain a conditional use permit from the Zoning Board of Adjustment only after meeting the general site requirements as herein established.
(a) Pre-existing wind energy conversion systems. Any wind energy conversion system for which a permit has been properly issued prior to July 1, 2017, shall not be required to meet the requirements of this section, other than the requirements of the FAA. Any such WECS shall be referred to as “pre-existing WECS.”
(B) General guidelines.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL WIND ENERGY SYSTEM. A system which is intended to produce electricity for sale to a rate regulated or non-regulated utility for use off-site.
DISPERSED WIND ENERGY SYSTEM. A wind energy conversion system which has a rated capacity of 100 kilowatts or more and which is incidental and subordinate to a permitted use on the same parcel and which is intended to produce electricity primarily for use on-site. Such system may be connected to the electrical grid when a parcel on which the system is installed also receives electrical power supplied by a utility company. Excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with the Iowa Administrative Code.
FLICKER MODEL. A representation of the visible shadow flicker effect caused by a wind energy conversion system when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
FREESTANDING. An apparatus that is not mounted upon a building. A FREESTANDING apparatus may or may not use guy-wires.
KILOWATT (kW). Equal to 1,000 watts.
MINOR MODIFICATIONS. Improvements that change the facility on an existing structure and/or the existing structure itself and do not change the quality, intensity, use, or other bulk and form elements as reviewed and previously approved.
PUBLIC RIGHT-OF-WAY. Any public street, alley, sidewalk, or parkway that is owned or granted by easement, operated or controlled by the city.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS). A wind energy conversion system that has a rated capacity of up to 100 kilowatts. A system is considered a SMALL WIND ENERGY CONVERSION SYSTEM only if it supplies electrical power solely for on-site use; except that, when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with Iowa Administrative Code.
SUBSTANTIAL MODIFICATION. Includes any of the following events: increasing the existing structures vertical height, adding an additional appurtenance to the existing structure, or any other changes that do not comply with the issued approvals for the existing facility or structure.
(2) Accessory use. Small wind energy conversion systems and dispersed wind energy conversion systems shall be an accessory use and shall not be placed within the public right-of-way.
(3) Bulk and form regulations. For the purpose of this section, height shall be measured to include the entire apparatus structure; height equals the measurement of the tower from the base plus and accessories or blade mounted upon the tower. For building mounted apparatuses, the height of the building is not included in this measurement.
(a) Setbacks.
1. Privately or publicly owned lots. The minimum distance between any freestanding wind energy conversion system (small wind or dispersed wind) and any property line shall be a distance that is equivalent to the height (100%) of the total system height. Building-mounted apparatuses shall only be located on structures that conform to the setback requirements for the district in which they are located per this chapter.
(b) Height.
1. Privately or publicly owned parcels and platted lots. The maximum height for a wind energy conversion system shall be a height that is equal to the setback from any property line up to a maximum of 50 feet in residential zones and up to a maximum of 100 feet for commercial zones, and up to a maximum of 150 feet for industrial zones for freestanding apparatuses. The maximum height for building mounted apparatuses in all zones shall be equal to or less than 25% of the maximum building height requirement for the zone in which it is located. For example, a building-mounted WECS located in a zone with a 35-foot maximum height requirement shall not have a height greater than eight and three-fourths feet.
2. In the case that the airport height restrictions for the city apply to the location on which the structure is to be erected, the more restrictive, lower height requirement shall apply.
(c) Blade clearance. No portion of a propeller-style wind energy conversion system blade shall extend closer than 30 feet from the ground on a freestanding apparatus and shall maintain a clearance of ten feet from other structures, trees, wires, or plantings. The spinning section of a cylinder-style wind energy conversion system shall be located at least 12 feet from the ground on a freestanding apparatus.
(d) Lighting. No light shall be installed on the WECS unless required to meet FAA regulations or to meet requirements stipulated by the Zoning Board of Adjustment through the conditional use permit process.
(e) Climbing apparatus. All climbing apparatus shall be located at least 12 feet above the ground, and the WECS must be designed to prevent climbing within the first 12 feet. If determined by the Zoning Board of Adjustment through the conditional use permit process that the tower design is climbable, fencing may be required.
(f) Noise. Noise emitted from any wind energy structure shall not measure greater than 30dB (decibel) at any property line.
(g) Signage. One sign, limited to four square feet, shall be posted at or near the base of any tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner/operator to call in case of emergency. No temporary signage shall be permitted to be mounted or otherwise affixed to the WECS.
(h) Location.
1. Any wind energy conversion system shall not be located over or on any drainage, utility, or other established easements without expressed approval by the City of Newton Community Services Department.
2. Districts.
A. Wind energy conversion systems are recognized to be necessary and desired by some property owners to conduct activities - residential, commercial, or industrial - on a given property.
B. SWECS are conditional uses in all districts; provided, the setback and height requirements can be met.
C. Dispersed wind energy conversion systems are conditional uses in the following commercial districts: C-A, C-O, C-T; and the following industrial districts: I-RL, I-L, I-H; provided, the setback and height requirements can be met.
D. Commercial wind energy conversion systems are conditional uses in the I-H: Heavy Industrial District; provided, setback and height requirements can be met; and, provided that, the commercial wind energy conversion system is a secondary use on the property.
(4) Conditional use permit requirement. The Zoning Board of Adjustment shall review conditional use permit applications for all wind energy conversion systems. An accurate, detailed site plan showing proposed structure location and property features such as buildings, easements, and significant natural features shall be included with the conditional use permit application. When reviewing the permit, the Zoning Board of Adjustment shall consider the following: location of the WECS in relation to other structures and features on the property, proximity to nearby structures, impact to the neighborhood, compliance with FAA regulations, and/or compliance with requirements of local power and electric company. Refer to § 158.178(CC) of this chapter for additional requirements for conditional use permits.
(a) Conditional use permit submittals. An application for a conditional use permit for a wind energy conversion system shall include a site plan, structural engineered drawings and analysis, photographs of the property and location where proposed apparatus will be located, and analysis of the unit’s noise output.
1. For properties under one acre in size, the Zoning Board of Adjustment may require the submittal of a flicker computer model for proposals of propeller-style wind energy conversion systems. The flicker model would illustrate the shadow impact of a wind energy system on nearby properties.
(5) Additional approval requirements. Upon obtaining a conditional use permit, the applicant shall apply for the necessary building and electrical permits as required under the adopted Building Code for the city. Additional permits, approvals, and licensing may be required for maintenance work or any minor or substantial changes as determined by administrative review and the adopted applicable codes. The requirements of the local electric company shall also be met.
(6) Removal of abandoned wind energy conversion systems. Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove said WECS within 90 days of receipt of notice from the city notifying the owner of such abandonment. If said WECS is not removed within the allotted 90 days, the city may remove such WECS at the owner’s expense. If there are two or more users of a single WECS, then this provision shall not become effective until all users cease using the tower.
(Ord. 2372, passed 4-20-2020; Ord. 2435, passed 8-21-2023; Ord. 2453, passed 10-21-2024)
§ 158.119 YARDS.
(A) Determination. Where the definitions are not readily applicable, the Zoning Administrator shall determine the yard locations, taking into consideration the definitions and the location of yards on adjoining properties.
(B) Permitted obstructions in required yards.
(1) Front yards. One-story bay window, overhanging eaves and chimneys projecting three feet or less into the yard; open terraces, porches and steps which are necessary for access to the building, when not permanently roofed over or more than four feet above the adjoining ground level or extending ten feet or less from the building; roofed, but unenclosed, porches extending seven feet or less from the building; enclosed entryways extending six feet or less from the building and enclosing not more than 50 square feet of area; open type fences, when not more than four feet in height; flagpoles; and satellite dishes less than 20 inches in diameter and within ten feet of the primary building.
(2) Rear yards. Laundry drying lines and poles, arbors, trellises and flagpoles, detached accessory buildings when located in conformance with this chapter; attached breezeways, porches, steps; open terraces, porches and steps which are necessary for access to the building, when not permanently roofed over or more than four feet above the adjoining ground level or extending ten feet or less from the building; private swimming pools and accessory equipment; bay windows, eaves and chimneys extending no more than three feet into required yard; retaining walls; privacy fences or open fences not more than seven feet in height; free-standing satellite dishes with a setback equal to the height up to a maximum of 15 feet.
(3) Side yards. Overhanging eaves or gutters, chimneys, awnings, canopies, bay windows, steps or uncovered porches when extending three feet or less into the required yard; privacy fences or open fences not more than seven feet in height; necessary retaining walls and driveways; free-standing satellite dishes with a setback equal to the height up to a maximum of 15 feet.
(C) Vision clearance at corner lots. No building or structure erected after 5-9-1978 and no planting or other obstruction to the vision of drivers of motor vehicles exceeding a height of three feet above the street grade, shall be located:
(1) In any residential district, within 12 feet of the intersecting street lines bordering corner lots; and
(2) In any commercial or industrial district where front yards are required, within eight feet of the intersecting street lines bordering a corner lot.
(D) Maintenance of yards, courts and other open spaces: use of yard space for more than one building. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court or other open space or minimum lot area requirements for any other building.
(E) Location of required open space. All yards, courts and other open spaces allocated to the building or dwelling group shall be located on the same lot as such building or dwelling group.
(F) Building lines. Upon and across all lots abutting a public street there is hereby established a building line parallel to the street right-of-way line and at such distance from it as is hereinafter set forth.
(1) In blocks platted after the effective date of this chapter, building lines shall be as shown on the official plat and approved by the Planning and Zoning Commission and the City Council.
(2) In platted areas where less than 40% of the frontage within a block and on one side of the street is developed on the effective date of this chapter, the building line shall be a distance from the abutting street line equal to the minimum front yard depth for the zone in which the property is located.
(3) In platted areas where 40% or more of the frontage within a block and on one side of the street is developed on the effective date of this chapter with buildings having yards or setbacks having an average depth less than the minimum front yard depth for the zone, then such average depth shall be the distance from the abutting street line at which the building line shall be established.
(G) Location. Except as may be allowed by a variance or conditional use permit issued by the Board of Adjustment, no building either principal or accessory may occupy any space between the building line and the abutting street line; provided that, existing buildings which encroach beyond the building line shall be considered as conforming buildings and may be used, maintained, repaired or rebuilt so long as the area or depth of their encroachment is not increased.
(2011 Code, § 34.0309) (Ord. 2373, passed 4-20-2020)
§ 158.120 TOWERS AND WIRELESS COMMUNICATION FACILITIES.
(A) Purpose and applicability.
(1) The city finds that wireless communication facilities provide the necessary connectivity for citizens, businesses, and visitors. Provision of wireless communication facilities in a manner which is not detrimental to neighborhoods is a benefit to the community. Wireless communication facilities proposed for installation in the public right-of-way or other publicly owned property shall be a part of networks or systems available for use by citizens, businesses, and the general public.
(2) The goal of this section is to encourage the location of communication towers and equipment in areas of the city which would be least adversely impacted by the visual, aesthetic, and safety implications of their siting; minimize the total number of communication towers throughout the city; strongly encourage the joint use of new and existing tower sites; and enhance the ability of the providers of telecommunication services to provide such services to the community quickly, efficiently, and effectively.
(3) The provisions of this section shall apply to the display, construction, erection, alteration, other-than-normal maintenance, location, and operation of all towers and wireless communication facilities. This section applies to all freestanding or building-mounted towers and wireless communication facilities located on privately owned or publicly owned property.
(a) Amateur radio, private, or other non-commercial communication equipment. This section shall not govern any tower, or the installation of any communication equipment, that is under 75 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is exclusively for receive-only antennas. Such towers or equipment shall meet the maximum height established by the zoning district in which it is located. However, any proposed tower, regardless of height, may be subject to applicable airport zoning regulations or other FAA restrictions as determined by a project-specific FAA determination.
1. This section shall not apply to freestanding or building-mounted apparatuses that are less than five feet in height as measured from the base of the apparatus to the top, including any accessories. However, building or electrical permits may still be required for apparatuses that are less than five feet in height, depending on the use of the specific apparatus.
(b) Preexisting towers, antennas, and communication equipment. Any tower, antenna, or communication equipment for which a permit has been properly issued prior to July 1, 2017, shall not be required to meet the requirements of this section, other than the requirements of the FAA and FCC. Any such towers, antennas, or communication equipment shall be referred to as “pre-existing facilities.”
(B) General guidelines.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLOCATE. To install or mount a wireless communication facility in the public right-of-way on an existing support structure, an existing tower, or on an existing pole to which a wireless communication facility is attached at the time of the application. COLLOCATION has a corresponding meaning.
FREESTANDING. An apparatus that is not mounted upon a building. A FREESTANDING apparatus may or may not use guy-wires.
KILOWATT (kW). Equal to 1,000 watts.
MINOR MODIFICATIONS. Improvements that change the tower or facility on an existing structure and/or the existing structure itself and do not change the quality, intensity, use, or other bulk and form elements as reviewed and previously approved.
PUBLIC RIGHT-OF-WAY. Any public street, alley, sidewalk, or parkway that is owned or granted by easement, operated or controlled by the city.
SUBSTANTIAL MODIFICATION. A substantial modification includes any of the following events: increasing the existing structures vertical height, adding an additional appurtenance to the existing structure, or any other changes that do not comply with the issued approvals for the existing facility or structure.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers, and that is not a utility pole, an alternative antenna structure, or city-owned infrastructure. Except as otherwise provided for by this section, the requirements for a tower and associated wireless communication facilities shall be those required in this section.
UTILITY POLE. An upright pole or similar structure owned and utilized in a whole or in part by a public utility, municipality. It is designed and used to support electric cables, telephone cables,
telecommunication cables, cable service cables, which are used to provide lighting, traffic control, signage, or a similar function.
WIRELESS COMMUNICATION FACILITY. Low powered antennas that provide cellular and data coverage to small geographic areas supplementing the larger cellular network. It includes all equipment required for the operation and maintenance of radio-frequency communications systems that transmit and/or receive signals, but are not “major wireless telecommunications facilities,” including antennas, electronics, and other types of equipment required for the transmission or receipt of such signals.
(2) Principal or accessory use. Towers and wireless communication facilities may be considered either principal or accessory uses.
(3) Bulk and form regulations. For the purpose of this section, height shall be measured to include the entire apparatus structure; height equals the measurement of the tower from the base plus any accessories, antenna, or equipment mounted upon the tower. For building-mounted apparatuses, the height of the building is not included in this measurement.
(a) Setbacks.
1. Privately or publicly owned lots. The minimum distance between any freestanding towers or wireless communication facilities on a privately or publicly owned lot and any property line shall be a distance that is equivalent to the height (100%) of the total system height. Building-mounted apparatuses shall only be located on structures that conform to the setback requirements for the district in which they are located per this chapter.
a. No freestanding towers or wireless communication facilities shall be installed in a location within a sight-triangle at an intersection, either public or private, nor shall it be installed so as to restrict sight distance for vehicles exiting public or private driveways, alleys, or the like.
2. City public right-of-way. The minimum setback for any freestanding tower or wireless communication facility shall be no less than three feet from the back of the curb; and the minimum setback for any freestanding tower or wireless communication facility shall be no less than seven feet from the adjacent private property line; and the minimum setback for any freestanding tower or wireless communication facility shall be no less than three feet from the edge of pavement for a driveway, sidewalk, or bike trail. No freestanding tower or wireless communication facility shall be installed in a location within a sight-triangle at an intersection, either public or private, nor shall it be installed so as to restrict sight distance for vehicles exiting public or private driveways, alleys, or the like. Requirements of SUDAS (Statewide Urban Design and Specifications) Manual shall be met. Setbacks, or offsets, shall be determined on a case-by-case basis for any proposed freestanding tower or wireless communication facility located near existing underground utility mains, services, or lines - both publicly and privately owned. Determination of setback, or offset, distances shall be made by the Public Works Department, and will vary depending on the depth of the proposed installation compared to the depths of the existing underground utilities.
(b) Height.
1. Privately or publicly owned lots. The maximum height for a tower or wireless communication facility shall be a height that is equal to the setback from any property line up to a maximum of 50 feet in residential zones, up to a maximum of 100 feet in commercial zones, and up to a maximum of 150 feet in industrial zones for freestanding apparatuses. The maximum height for building-mounted apparatuses in all zones shall be equal to or less than 25% of the maximum building height requirement for the zone in which it is located. For example, a building-mounted tower located in a zone with a 35-foot maximum building height requirement shall not have a height greater than eight and three-fourths feet. Any proposed tower or wireless communication facility, regardless of height, may be subject to applicable airport zoning regulations or other FAA restrictions as determined by a project-specific FAA determination.
2. City public rights-of-way. The top of the highest point of the wireless communication facility cannot extend more than ten feet above the highest point of the utility pole, alternative support structure, tower, or city-owned infrastructure, or 40 feet above ground level. If necessary, the replacement or new utility pole, alternative support structure, or city-owned infrastructure located within the public rights-of-way may not be higher than existing poles adjacent to the replacement or new pole or structure. A wireless communication facility, including all related equipment and appurtenances, must be a color that blends with the surroundings of the nearest pole, structure tower, or infrastructure on which it is mounted. All wiring shall be concealed. Any proposed tower or wireless communication facility regardless of height, may be subject to applicable airport zoning regulations or other restrictions after a project-specific FAA determination.
a. In the case that airport zoning or FAA height or other restrictions for the city apply to the location at which the structure is to be erected, the more restrictive, lower height requirement shall apply.
(c) Lighting. No light shall be installed on the tower or wireless communication facility unless required to meet FAA regulations or to meet requirements stipulated by the Zoning Board of Adjustment through the conditional use review process, if applicable.
(d) Climbing apparatus. All climbing apparatus shall be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet. If determined by the Zoning Board of Adjustment through the conditional use review process that the tower design is climbable, fencing may be required.
(e) Signage. Signage is prohibited on all towers and wireless communication facilities, including stickers, logos, and other non-essential graphics and information unless required by the FCC, except for a small placard identifying the service provider and contact information, which shall be placed at six feet above grade, facing away from the public rights-of-way.
(4) Location. Any tower or wireless communication facility shall not be located over or on any drainage, utility, or other established easements without expressed approval by the Public Works Department.
(a) Towers and wireless communication facilities are limited to, regardless of ownership, one per block. This requirement shall not apply to the collocation of facilities onto an existing pole/tower.
(b) Utilities servicing any tower or wireless communication facility regulated in this chapter, regardless of location or type, shall be underground. All underground service lines or feeds proposed in public rights-of-way are subject to a separate telecommunications agreement with the city. Said agreement requires City Council approval along with payment of a fee established by Council resolution. Review of these agreements will be completed by the Public Works Department, and occur concurrently with the conditional use review process through the Zoning Board of Adjustment, if applicable.
(c) Any proposed tower or wireless communication facility proposed for installation in any public right-of-way, as defined above, will be subject to all requirements included in a telecommunications agreement with the city referenced in division (B)(4)(b) above, including:
1. Owner shall have the right under said agreement, after providing proper notice to the city, to maintain/repair its existing facilities. The expansion of (either in geography or in size/capacity) or upgrading of the facility is not considered maintenance/repair.
2. The owner shall, upon reasonable notice and at the sole cost and expense, remove, locate and relocate its facilities in, on, over, or under public property in such manner as the city may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair, or change in grade of any public improvement on, in, or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the city.
3. The owner shall enroll as a member of the ‘Iowa One-Call System’ and shall respond to all requests and notifications placed to the toll free ‘One-Call’ number for proposed excavations by others that may conflict with the owner’s underground facilities.
(d) Any proposed tower or wireless communication facility proposed for installation in any public right-of-way, as defined above, shall meet AASHTO standards for breakaway if located in the clear zone of said right-of-way.
(e) The footprint, or size at ground level, for any tower or wireless communication facility proposed for installation in any public right-of-way, as defined above, shall not exceed four square feet.
(f) No items or appurtenances may project out from any proposed tower or wireless communication facility less than eight feet above any public or private sidewalk or bike trail, or less than 15 feet above any public or private street, highway, road, driveway, parking lot, or other motor vehicle path or route.
(C) Conditional use permit requirement. Towers and wireless communication facilities are recognized to be necessary and desired by some property owners to conduct activities on a given property.
(1) Towers and wireless communication facilities are conditional uses in all zoning districts if the proposed location is on a privately owned or publicly owned lot, provided that the setback and height requirements can be met. Also, a conditional use permit shall be required if the proposed siting of the wireless communication facility is on an existing tower, utility pole, or wireless support structure on property zoned and used exclusively for single-family residential use, as outlined by Iowa Code Ch. 8C.7A.
(2) Towers and wireless communication facilities proposed in the public right-of-way, regardless of zoning district, shall meet the requirements of this section and said proposal shall be reviewed by the Public Works Department.
(3) The collocation of wireless communication equipment shall meet the requirements of this section and said proposal shall be review by the Public Works Department.
(D) Conditional use application submittals. An application for a conditional use permit for a tower or wireless communication facility shall include a site plan, structural engineered drawings, and photographs of the property and location where the proposed apparatus will be located. All underground service lines or feed proposed in public rights-of-way shall be included, or shown, in the site plan.
(1) An accurate, detailed site plan showing proposed structure location and property features such as buildings, easements, and significant natural features shall be included with the conditional use permit application.
(2) When reviewing the permit, the Zoning Board of Adjustment shall consider the following: location of tower or facility in relation to other structures and features on the property, proximity to nearby structures, impact to the neighborhood, compliance with requirements of local power and electric company, compliance with FAA regulations and airport zoning regulations. Refer to § 158.178(CC) for additional requirements for conditional use permits.
(E) Additional approval requirements. Upon obtaining a conditional use permit, if applicable, the applicant shall apply for the necessary building and electrical permits as required under the adopted Building Code for the City of Newton. Additional permits, approvals, and licensing may be required for maintenance work or any minor or substantial changes as determined by administrative review and the adopted applicable codes. The requirements of the local electric company shall also be met.
(F) Removal of abandoned towers, communication equipment, and wireless facilities. Any tower or wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such tower or wireless communication facility shall remove said tower or equipment within 90 days of receipt of notice from the city notifying the owner of such abandonment. If said tower or wireless communication facility is not removed within said 90 days, the city may remove such tower or equipment at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease use of the tower.
(Ord. 2372, passed 4-20-2020; Ord. 2435, passed 8-21-2023; Ord. 2453, passed 10-21-2024)