1.   Intent. A home occupation or home based business shall be permitted when said occupation or business is conducted on residentially used and/or zoned property and is considered customary, traditional, and incidental to the primary use of the premises as a residence, and shall not be construed as a business.

   2.   Procedure.

      A.   Home Occupations. An application for a home occupation, within residentially zoned areas shall not be required by the City.

      B.   Home Based Businesses. An application for a home based business, within residentially zoned areas shall be made to the Zoning Administrator on a form provided. Said application shall be approved, provided the performance criteria are met.

   3.   Permitted Home Occupations.

      A.   Workrooms for dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, jewelry making, custom home furnishings work, carpentry work, and furniture repair.

      B.   Offices for professionals, such as (but not limited to) attorneys, architects, engineers, planners, real estate agents, insurance, notary public, manufacturer’s representative, clergy, journalists, painters, photographers, dentists, doctors, draftspersons, insurance agents, accountants, editors, publishers, psychologists, contract management, graphic design, construction contractors, landscape design, surveyors, cleaning services, salespersons, and travel agents.

      C.   Child care home and/or child development home, provided the requirements of IAC 237A are met.

      D.   Personal services, including barber and beauty shops (limited to one chair), manicure and pedicure shops, pet grooming, catering, and chauffeuring services.

      E.   Instructional services, including music, dance, art and craft classes and tutoring.

      F.   Repair services, including watch and clock, small appliances, computers, electronic devices, lawnmowers including engines (limited to garage areas).

      G.   Distribution and sales of products such as cosmetics, home/health care products, mail order, and other similar uses.

      H.   Sale of guns and ammunition in limited quantities provided the applicant has a license to sell from the Bureau of Alcohol Tobacco and Firearms or its successor organization. This home occupation shall require a conditional use permit and public hearing as opposed to a standard permit.

      I.   Offices for services provided outside the home such as lawn care, snow removal, and other similar uses.

   4.   Prohibited Home Occupations.

      A.   Medical and dental clinics, hospitals.

      B.   Restaurants, clubs, drinking establishments.

      C.   Undertaking and funeral parlors

      D.   Motor vehicle / small engine repair.

      E.   Adult entertainment uses.

   5.   Performance Standards for Home Occupations.

      A.   The primary use of the structure or dwelling unit shall remain residential and the operator of the home occupation shall remain a resident in the dwelling unit.

      B.   The operator conducting the home occupation shall be the sole entrepreneur, and the operator shall not employ any other person other than a member of the immediate family residing on the premises.

      C.   No structural additions, enlargements, or exterior alterations changing the residential appearance to a business appearance shall be permitted.

      D.   No more than 25 percent of the floor area of any one story of the dwelling unit shall be devoted to such home occupation.

      E.   Such home occupations shall be conducted entirely within the primary building or dwelling unit used as a residence.

      F.   Additional and/or separate entrances that do not match the residential structural design shall not be constructed for the purpose of conducting the home occupation or home based business.

      G.   Additional off-street parking or loading facilities, including additional driveway construction, other than the requirements for the permitted residence, shall be permitted.

      H.   The display of goods and/or external evidence of the home occupation shall not be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name and address of the resident. Said plate shall be attached flat against the wall of the residence and shall not exceed two square feet in total surface area.

      I.   No retail sales are permitted from the site other than incidental sales related to services provided.

      J.   No offensive noise, vibration, smoke, odor, heat, or glare shall be noticeable at or beyond the property line.

      K.   No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises.

      L.   All businesses related to child care homes and child care centers shall be in accordance with Iowa State Statutes.

   6.   Permitted Home Based Businesses.

      A.   Workrooms for custom home furnishings work, carpentry work, and furniture repair.

      B.   Offices for professionals, such as (but not limited to) attorneys, architects, engineers, planners, real estate agents, insurance, notary public, manufacturer’s representative, clergy, journalists, painters, photographers, draftspersons, insurance agents, accountants, editors, publishers, psychologists, contract management, graphic design, construction contractors, landscape design services, surveyors, cleaning services, salespersons, and travel agents.

      C.   Personal services, including barber and beauty shops (limited to two chairs), manicure and pedicure shops, pet grooming, catering, and chauffeuring services.

      D.   Repair services, including watch and clock, small appliances, computers, electronic devices, lawnmowers including engines (limited to garage areas).

      E.   Distribution and sales of products such as cosmetics, home/health care products, mail order, and other similar uses.

      F.   Offices for services provided outside the home such as lawn care, snow removal, and other similar uses.

      G.   Child care home and/or child development home provided the requirements of IAC 237A are met.

   7.   Prohibited Home Based Businesses.

      A.   Medical and dental clinics, hospitals.

      B.   Restaurants, clubs, drinking establishments.

      C.   Undertaking and funeral parlors

      D.   Motor vehicle / small engine repair.

      E.   Adult entertainment uses.

   8.   Performance Standards for Home Based Businesses.

      A.   The primary use of the structure or dwelling unit shall remain residential and the operator of the home based business shall remain a resident in the dwelling unit.

      B.   The operator conducting the home based business shall be the sole entrepreneur. However, the operator may employ immediate family members residing on the premises, as well as, an additional two unrelated individuals for purposes of conducting business.

      C.   Structural additions, enlargements, or exterior alterations may be completed in order to provide space for the home based business. Any alterations and additions are limited to a one time expansion and shall be limited to 25 percent of the floor area of the main floor at the time of application. All alterations and additions shall meet all building and zoning criteria of Sergeant Bluff.

      D.   No more than 25 percent of the floor area of any one story of the dwelling unit shall be devoted to such home based business.

      E.   Such home based business shall be conducted entirely within the primary building or dwelling unit used as a residence. Home based businesses may also be located with an existing accessory building.

      F.   Home based businesses conducted within an accessory building shall be confined to the structure of the said accessory building. In addition, the applicant must prove that the accessory building meets all life safety codes, including electrical compliance for a commercial business.

      G.   All alterations and additions shall be completed in a manner that matches the existing structure and shall have a residential appearance to the exterior. All separate entrances shall be discrete and match the residential design.

      H.   Additional off-street parking or loading facilities, beyond the parking provided for the residence, shall be provided and shall meet the following standards:

         (1)   Two additional spaces for the unrelated employees.

         (2)   Two additional spaces to be used for client/visitor parking.

         (3)   The additional parking required in items (1) and (2) shall not be provided in any required front, side or rear yard setback.

         (4)   All additional parking and loading spaces shall be screened using landscaping materials and opaque privacy fencing not more than six feet in height.

         (5)   Applicant shall not relocate parking for the residence into any front, side or rear yard setback in order to provide the additional parking.

         (6)   All new off-street parking is encouraged to be toward the rear yard portion of the property and screened from view from the street.

      I.   The display of goods and/or external evidence of the home based business shall not be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name and address of the resident. Said plate shall be attached flat against the wall of the residence and shall not exceed two square feet in total surface area.

      J.   No retail sales are permitted from the site other than incidental sales related to services provided.

      K.   No offensive noise, vibration, smoke, odor, heat, or glare shall be noticeable at or beyond the property line.

      L.   No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises.

      M.   All businesses related to child care homes and child care centers shall be in accordance with Iowa State Statutes.

   9.   Revocation.

      A.   Conditions. A home occupation and home based business permit granted in accordance with the provisions of this section may be terminated if the Zoning Administrator makes any of the following findings:

         (1)   Any condition of the home based business permit has been violated or the home occupation has violated the performance standards.

         (2)   The use has become detrimental to the public health or safety or is deemed to constitute a nuisance.

         (3)   The permit was obtained by misrepresentation or fraud.

         (4)   The use for which the permit was granted has ceased or has been suspended for six consecutive months or more.

         (5)   The condition of the premises, or the district of which it is a part, has changed so that the use may no longer be justified under the purpose and intent of this section.

      B.   Appeal. Within five working days of a revocation, an appeal may be made to the Board of Adjustment. The Zoning Administrator within 10 working days of the receipt of an appeal of his or her revocation shall report his or her findings of fact and decision to the Board of Adjustment. The Board of Adjustment shall determine the facts and may revoke, modify or allow to remain unchanged the home occupation or home based business permit in accordance with the Board’s final determination.

      C.   Nontransferable. A home occupation or home based business permit granted in accordance with the provisions of       this chapter shall not be transferred, assigned, or used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted.

   1.   Intent. A home occupation or home based business shall be permitted when said occupation or business is conducted on agriculturally used and/or zoned property and is considered customary, traditional, and incidental to the primary use of the premises as a residence, and shall not be construed as a business.

   2.   Procedure.

      A.   Home Occupations. An application for a home occupation, within agriculturally zoned areas shall not be required by the City.

      B.   Home Based Businesses. An application for a home based business, within agriculturally zoned areas shall be made to the Zoning Administrator on a form provided. Said application shall be approved, provided the performance criteria are met.

   3.   Permitted Home Occupations.

      A.   Workrooms for dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, jewelry making, custom home furnishings work, carpentry work, and furniture repair.

      B.   Offices for professionals, such as (but not limited to) attorneys, architects, engineers, planners, real estate agents, insurance, notary public, manufacturer’s representative, clergy, journalists, painters, photographers, dentists, doctors, draftspersons, insurance agents, accountants, editors, publishers, psychologists, contract management, graphic design, construction contractor services, landscape design services, surveyors, cleaning services, salespersons, and travel agents.

      C.   Child care home and/or child development home provided the requirements of IAC 237A are met.

      D.   Personal services, including barber and beauty shops (limited to one chair), manicure and pedicure shops, pet grooming, catering, and chauffeuring services.

      E.   Instructional services, including music, dance, art and craft classes and tutoring.

      F.   Repair services, including watch and clock, small appliances, computers, electronic devices, lawnmowers including engines, and motor vehicles (limited to no more than two at one time).

      G.   Offices and shops in association to one another, including motorized and non-motorized racing vehicles, construction services with equipment storage and maintenance, monument sales and engraving, freight hauling with equipment storage and maintenance (not including warehousing of freight), welding, and excavating services with equipment storage and maintenance.

      H.   Warehousing and storage of products associated with agri-businesses, including seed sales, fertilizer sales (as allowed by State and federal regulations), and herbicide and pesticide sales (as allowed by State and federal regulations).

      I.   Distribution and sales of products such as cosmetics, home/health care products, mail order, and other similar uses.

      J.   Sale of guns and ammunition in limited quantities provided the applicant has a license to sell from the Bureau of Alcohol Tobacco and Firearms or its successor organization. This home occupation shall require a conditional use permit and public hearing as opposed to a standard permit.

      K.   Offices for services provided outside the home such as lawn care, snow removal, and other similar uses.

      L.   Kennels, stables, veterinarian clinics/hospitals.

   4.   Prohibited Home Occupations.

      A.   Medical clinics and hospitals.

      B.   Restaurants, clubs, drinking establishments.

      C.   Undertaking and funeral parlors.

      D.   Adult entertainment uses.

   5.   Performance Standards for Home Occupations.

      A.   The primary use of the structure or dwelling unit shall remain residential and the operator of the home occupation shall remain a resident in the dwelling unit.

      B.   The operator conducting the home occupation shall be the sole entrepreneur, and the operator shall not employ any other person other than a member of the immediate family residing on the premises.

      C.   No structural additions, enlargements, or exterior alterations changing the residential appearance to a business appearance shall be permitted.

      D.   No more than 25 percent of the floor area of any one story of the dwelling unit shall be devoted to such home occupation when contained within the principal structure.

      E.   Home occupations may be located within an accessory structure including machine sheds, barns, and garages. Said accessory structure shall be required to meet all pertinent State codes for life safety including electrical wiring depending upon the nature of the business.

      F.   When a home occupation is located in an accessory structure there shall not be any additional storage allowed in the open. All storage shall be contained within appropriate facilities and out of site.

      G.   Home occupations focused on repairs and maintenance of vehicles and motors shall not be allowed to storage damaged, unlicensed, salvaged, vehicles or parts on site and outside the structure where said home occupations are taking place.

      H.   When storage of chemicals associated with agricultural businesses are stored on site, the storage shall comply with all State and federal regulations and shall be kept in a place that is secured, dry and locked from general access.

      I.   Additional and/or separate entrances that do not match the residential structural design shall not be constructed for the purpose of conducting the home occupation or home based business.

      J.   Additional off-street parking or loading facilities, including additional driveway construction, other than the requirements for the permitted residence, shall be permitted.

      K.   The display of goods and/or external evidence of the home occupation shall not be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name and address of the resident. Said plate shall be attached flat against the wall of the residence and shall not exceed two square feet in total surface area.

      L.   No offensive noise, vibration, smoke, odor, heat, or glare shall be noticeable at or beyond the property line.

      M.   No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises.

      N.   All businesses related to child care homes and child care centers shall be in accordance with Iowa State Statutes.

   6.   Permitted Home Based Businesses.

      A.   Workrooms for dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, jewelry making, custom home furnishings work, carpentry work, and furniture repair.

      B.   Offices for professionals such as, but not limited to, attorneys, architects, engineers, planners, real estate agents, insurance, notary public, manufacturer’s representative, clergy, journalists, painters, photographers, dentists, doctors, draftspersons, insurance agents, accountants, editors, publishers, psychologists, contract management, graphic design, construction contractor services, landscape design, surveyors, cleaning services, salespersons, and travel agents.

      C.   Child care home and/or child development home provided the requirements of IAC 237A are met.

      D.   Personal services, including barber and beauty shops (limited to one chair), manicure and pedicure shops, pet grooming, catering, and chauffeuring services.

      E.   Instructional services, including music, dance, art and craft classes and tutoring.

      F.   Repair services, including watch and clock, small appliances, computers, electronic devices, lawnmowers including engines, and motor vehicles (limited to no more than two at one time).

      G.   Offices and shops in association to one another, including motorized and non-motorized racing vehicles, construction services with equipment storage and maintenance, monument sales and engraving, freight hauling with equipment storage and maintenance (not including warehousing of freight), welding, and excavating services with equipment storage and maintenance.

      H.   Warehousing and storage of products associated with agri-businesses, including seed sales, fertilizer sales (as allowed by State and federal regulations), and herbicide and pesticide sales (as allowed by State and federal regulations).

      I.   Distribution and sales of products such as cosmetics, home/health care products, mail order, and other similar uses.

      J.   Offices for services provided outside the home such as lawn care, snow removal, and other similar uses.

      K.   Kennels, stables, veterinarian clinics/hospitals.

   7.   Prohibited Home Based Businesses.

      A.   Medical clinics and hospitals.

      B.   Restaurants, clubs, drinking establishments.

      C.   Undertaking and funeral parlors.

      D.   Adult entertainment uses.

   8.   Performance Standards for Home Based Businesses.

      A.   The primary use of the structure or dwelling unit shall remain residential and the operator of the home based business shall remain a resident in the dwelling unit.

      B.   The operator conducting the home based business shall be the sole entrepreneur. However, the operator may employ immediate family members residing on the premises, as well as, an additional two unrelated individuals for purposes of conducting business.

      C.   Structural additions, enlargements, or exterior alterations may be completed in order to provide space for the home based business. Any alterations and additions are limited to a one-time expansion and shall be limited to 25 percent of the floor area of the main floor at the time of application. All alterations and additions shall meet all building and zoning criteria of Sergeant Bluff.

      D.   No more than 25 percent of the floor area of any one story of the dwelling unit shall be devoted to such home based business when contained within the principal structure.

      E.   Home based businesses may be located within an accessory structure including machine sheds, barns, and garages. Said accessory structure shall be required to meet all pertinent State codes for life safety including electrical wiring depending upon the nature of the business.

      F.   When a home based business is located in an accessory structure there shall not be any additional storage allowed in the open. All storage shall be contained within appropriate facilities and out of site.

      G.   Home based businesses focused on repairs and maintenance of vehicles and motors shall not be allowed to storage damaged, unlicensed, salvaged, vehicles or parts on site and outside the structure where said home based business is taking place.

      H.   When storage of chemicals associated with agricultural businesses are stored on site, the storage shall comply with all State and federal regulations and shall be kept in a place that is secured, dry and locked from general access.

      I.   All alterations and additions shall be completed in a manner that matches the existing structure and shall have a residential appearance to the exterior. All separate entrances shall be discrete and match the residential design.

      J.   Additional off-street parking or loading facilities, beyond the parking provided for the residence, shall be provided and shall meet the following standards:

         (1)   Two additional spaces for the unrelated employees.

         (2)   Two additional spaces to be used for client/visitor parking.

         (3)   The additional parking required in items (1) and (2) shall not be provided in any required front, side or rear yard setback.

         (4)   All additional parking and loading spaces shall be screened using landscaping materials and opaque privacy fencing not more than six feet in height.

         (5)   Applicant shall not relocate parking for the residence into any front, side or rear yard setback in order to provide the additional parking.

         (6)   All new off-street parking is encouraged to be toward the rear yard portion of the property and screened from view from the street.

      K.   The display of goods and/or external evidence of the home based business shall not be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name and address of the resident. Said plate shall be attached flat against the wall of the residence and shall not exceed two square feet in total surface area.

      L.   No offensive noise, vibration, smoke, odor, heat, or glare shall be noticeable at or beyond the property line.

      M.   No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises.

      N.   All businesses related to child care homes and child care centers shall be in accordance with Iowa State Statutes.

   9.   Revocation.

      A.   Conditions. A home occupation and home based business permit granted in accordance with the provisions of this section may be terminated if the Zoning Administrator makes any of the following findings:

         (1)   Any condition of the home based business permit has been violated or the home occupation has violated the performance standards.

         (2)   The use has become detrimental to the public health or safety or is deemed to constitute a nuisance.

         (3)   The permit was obtained by misrepresentation or fraud.

         (4)   The use for which the permit was granted has ceased or has been suspended for six consecutive months or more.

         (5)   The condition of the premises, or the district of which it is a part, has changed so that the use may no longer be justified under the purpose and intent of this section.

      B.   Appeal. Within five working days of a revocation, an appeal may be made to the Board of Adjustment. The Zoning Administrator within 10 working days of the receipt of an appeal of his or her revocation actions, shall report his or her findings of fact and decision to the Board of Adjustment. The Board of Adjustment shall determine the facts and may revoke, modify, or allow to remain unchanged the home occupation or home based business permit in accordance with the Board’s final determination.

      C.   Nontransferable. A home occupation or home based business permit granted in accordance with the provisions of this chapter shall not be transferred, assigned, or used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted.

   1.   Intent. The Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunication services. This section is intended to regulate towers, telecommunications facilities, and antennas in the City in conformance with the Act without prohibiting or tending to prohibit any person from providing wireless telecommunication service, telecommunication facilities, towers, and antennas in the City, to protect residential areas and land uses from potential adverse impact of installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired, and removed when no longer used or are determined to be structurally unsound and to ensure that towers and antennas are compatible with surrounding land uses.

   2.   Definitions. All terms in this section which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996, and the Rules and Ordinances of the Federal Communications Commission (FCC). As used in this section, the following terms shall have the following meanings:

      A.   “Antenna” means a device designed and intended for transmitting or receiving television, radio, or microwave signals, direct satellite service (including direct-to-home satellite service), and/or video programming services via multi-point distribution services.

      B.   “Antenna support structure” means any building or structure other than a tower which can be used for location of telecommunications facilities.

      C.   “Applicant” means any person that applies for a tower development permit.

      D.   “Application” means a process by which the owner of a tract of land within the zoning jurisdiction of the City submits a request to develop, construct, modify, or operate a tower upon such tract of land. The term application includes all written documentation, verbal statements, and representations, in whatever formal forum, made by an applicant to the City concerning such request.

      E.   “Conforming commercial earth station” means a satellite dish which is two meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this Zoning Code.

      F.   “Engineer” means any engineer qualified and licensed by any state or territory of the United States of America.

      G.   “Owner” means any person with a fee simple title or a leasehold exceeding 10 years in duration to any tract of land within the zoning jurisdiction of the City who desires to develop, construct, modify, or operate a tower upon such tract of land.

      H.   “Person” means any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

      I.   “Satellite dish antenna” means an antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.

      J.   “Stealth” means any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including (but not limited to) architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles, power poles and trees.

      K.   “Telecommunications facilities” means any cables, wires, lines, waveguides, antennas, or any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:

         (1)   Any conforming commercial earth station antenna two meters or less in diameter which is located on real estate zoned RS150, RS80, or RG60.

         (2)   Any satellite dish antenna of one meter or less in diameter, regardless of zoning applicable to the location of the antenna.

      L.   “Tower” means a self-supporting lattice, guyed, or monopole structure, which supports telecommunications facilities. The term tower shall not include non-commercial amateur radio operator’s equipment as licensed by the FCC or structure supporting an earth station antenna serving residential premises or dwelling units exclusively.

      M.   “Tower development permit” means a permit issued by the City upon approval by the City Council of an application to develop a tower within the zoning jurisdiction of the City; which permit shall continue in full force and effect for so long as the tower to which it applies conforms to this section. Upon issuance, a tower development permit shall be deemed to run with the land during the permits duration and may be transferred, conveyed, and assigned by the applicant to assigns and successors-in-interest. The tower development permit is intended to be a conditional use permit and the subsequent process.

      N.   “Tower owner” means any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a tower development permit.

   3.   Location of Towers and Construction Standards.

      A.   Towers shall be permitted conditional uses of land in only those zoning districts where specifically listed and authorized in this Zoning Code.

      B.   No person shall develop, construct, modify, or operate a tower upon any tract of land within the zoning jurisdiction of the City prior to approval of its application for a tower development permit by the City Council and issuance of the permit by the City. Applicants shall submit their application for a tower development permit to the zoning office and shall pay a filing fee in accordance with Section 165A.35 .

      C.   All towers, telecommunications facilities, and antennas on which construction has commenced within the zoning jurisdiction of the City after the effective date of this Zoning Code shall conform to the Building Codes and all other construction standards set forth by the City, County, federal, and State law and applicable American National Standards Institute (ANSI). Upon completion of construction of a tower and prior to the commencement of use, an engineer’s certification that the tower is structurally sound and in conformance with all of the aforementioned applicable regulatory standards shall be filed in the Zoning Office.

   4.   Application to Develop a Tower. Prior to commencement of development or construction of a tower, an application shall be submitted to the Zoning Office for a tower development permit and shall include the following:

      A.   Name, address, and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower. The application shall be executed by all applicants.

      B.   The legal description and address of the tract of land on which the tower is to be located.

      C.   The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a one mile radius of the proposed tower, including publicly and privately owned towers and structures.

      D.   An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to obtain permission to install or collocate the applicants telecommunications facilities on a tower or useable antenna support or written technical evidence from an engineer that the applicants telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure.

      E.   Written technical evidence from an engineer that the proposed tower will meet any established Building Code, and all other applicable construction standards set forth by the City Council and federal and State and ANSI standards.

      F.   Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residentially used and/or zoned property and nearest roadway, street or highway.

      G.   Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna, manufacturers literature, appurtenances such as buildings, driveways, parking areas, and fences or other security enclosures with significant detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.

   5.   Conditional Use Permit for Towers: Procedure. After receipt of an application for a conditional use permit, the Zoning Administrator shall schedule a public hearing before the Planning and Zoning Commission, following all statutory requirements for publication and notice, to consider such application. The Planning and Zoning Commission shall receive testimony on the conditional use permit and shall make a recommendation to the City Council. Upon the completion of the Planning and Zoning Commission public hearing, the Zoning Administrator shall schedule a public hearing before the City Council, following all statutory requirements for publication and notice, to consider such application and the recommendation of the City Planning and Zoning Commission. The Planning and Zoning Commission and City Council may approve the conditional use permit as requested in the pending application with any conditions or safeguards it deems reasonable and appropriate based upon the application and/or input received at the public hearings or deny the application.

   6.   Setbacks and Separation or Buffer Requirements.

      A.   All towers up to 50 feet in height shall be setback on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of 50 feet in height shall be set back an additional one foot for each one foot of tower height in excess of 50 feet. The height of the tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located.

      B.   Towers exceeding 100 feet in height may not be located in any residentially zoned district and must be separated from all residentially zoned districts and occupied structures other than those utilized by the tower owner, by a minimum of 200 feet or 100 percent of the height of the proposed tower, whichever is greater.

      C.   Towers of 100 feet or less in height may be located in residentially zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of 100 percent of the height of the tower.

      D.   Towers must meet the following minimum separation requirements from other towers:

         (1)   Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or    guyed by a minimum of 750 feet.

         (2)   Self-supporting lattice or guyed towers shall be separated from all other self-supporting lattice or guyed towers by a minimum of 1,500 feet.

   7.   Structural Standards for Towers Adopted. The Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 222-E-1991) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter.

   8.   Illumination and Security Fences.

      A.   Towers shall not be artificially lit except as required by the Federal Aviation Administration (FAA). In cases where there are residential uses/zoned properties within a distance of 300 percent of the height of the tower, any tower subject to this section shall be equipped with dual mode lighting or a red beacon only.

      B.   All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure.

   9.   Exterior Finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the Planning and Zoning Commission and City Council as part of the application approval process. All towers which must be approved as a conditional use shall be stealth design unless stealth features are impractical or the cost of such features represents an undue burden on the applicant.

   10.   Landscaping. All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the City.

   11.   Maintenance, Repair or Modification of Existing Towers. All towers constructed or under construction on the date of approval of this Zoning Code may continue in existence as a nonconforming structure and may be maintained or repaired without complying with any of the requirements of this section. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this section, including applying for and obtaining a tower development permit. Any modification or reconstruction of a tower constructed or under construction on the date of approval of this Zoning Code shall be required to comply with the requirements of this section including applying for and obtaining a tower development permit. Said application shall describe and specify all items which do not comply with this section and may request, subject to final review and approval of the City Council, an exemption from compliance as a condition of the tower development permit.

   12.   Inspections. The City reserves the right to conduct inspection of towers, antenna support structures, telecommunications facilities and antenna upon reasonable notice to the tower owner or operator to determine compliance with this section and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the City’s Building Codes and any other construction standards set forth by the City, federal and State law or applicable ANSI standards. Inspections shall be made by either an employee of the City’s Zoning Office, Building Inspector, or a duly appointed independent representative of the City.

   13.   Maintenance. The towers, antenna support structures, telecommunications facilities and antennas shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public.

   14.   Abandonment. If any tower shall cease to be used for a period of one year, the Zoning Office shall notify the tower owner that the site will be subject to determination by the Zoning Administrator that the site has been abandoned. Upon issuance of written notice to show cause by the Zoning Administrator, the tower owner shall have 30 days to show preponderance of evidence that the tower has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower has been in use or under repair during the relevant period, the Zoning Administrator shall issue a final determination of abandonment of the site and the tower owner shall have 75 days thereafter to dismantle and move the tower. In the event the tower is not dismantled and removed, the tower shall be declared a public nuisance by the Zoning Administrator and they shall proceed to abate said public nuisance pursuant to authority set forth in the Code of Iowa and this Code of Ordinances, and charge the costs thereof against the real estate on which the tower is located or the owner of record of the said real estate.

   15.   Satellite Dish Antennas. Upon adoption of this Zoning Code, installation of satellite dish antennas shall be permitted within the zoning jurisdiction of Sergeant Bluff only upon compliance with the following criteria:

      A.   In residentially zoned districts, satellite dish antennas may not exceed a diameter of 10 feet.

      B.   Single-family residences may not have more than three satellite dish antenna over three feet in diameter.

      C.   Multiple-family residences with 10 or less dwelling units may have no more than one satellite dish antenna over three feet in diameter. Multiple-family residences with more than 10 dwelling units may have no more than two satellite dish antennas over three feet in diameter.

      D.   In residential zoning districts, satellite dish antennas shall not be installed in the required front yard setback or side yard setback area.

      E.   All satellite dish antennas installed within the zoning jurisdiction of Sergeant Bluff, upon adoption of this Zoning Code, shall be of a neutral color such as black, gray, brown, or such color as will blend with the surrounding dominant color in order to camouflage the antenna.

   1.   No fence shall be constructed within the zoning jurisdiction of the City unless a fence permit application is approved, the permit has been issued by the building inspector, and the fence is constructed in conformance with the following requirements:

      A.   Unless otherwise provided by this Code of Ordinances, no fence shall be built on any lot or tract outside the surveyed lot lines, or adjacent to any municipal property, excluding public streets.

      B.   Unless otherwise provided by this Code of Ordinances, any fence built on residential property within the required front or street side yard setback shall contain openings constituting no less than 50 percent of the surface area of the fence.

      C.   No solid fence permitted or required by this Code of Ordinances shall be built within a visual sight triangle as defined in Section 165A.18 (Obstructions to Vision at Street Intersections) or otherwise in any manner creating a traffic hazard or obstruction to visibility.

      D.   The finished surfaces of any fence shall face toward adjacent properties and street frontage.

      E.   All parts of a fence shall be completely within the boundaries of the property of the owner installing the fence.

      F.   Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions.

         (1)   The maximum height of a fence within a required front yard or street side yard shall be 42 inches not exceeding 50 percent closed construction, or 48 inches not exceeding 25 percent closed construction.

         (2)   The maximum height for any fence outside of a required front yard or street side yard setback shall be six feet unless other requirements are stated.

         (3)   On corner lots, fences may be installed up to 2 feet from the property line provided they do not intrude into the required sight triangle as defined in 165A.18 (Obstructions to Vision at Street Intersections). Within the sight triangle, no fence shall exceed 30 inches in height or otherwise create a traffic hazard or obstruction to visibility. Outside of the sight triangle, fences shall conform to the front and side yard standards in 165D.04(F)(1).

         (4)   Shared property lines shall be agreed upon by both adjacent property owners for a fence to be placed on the shared property line. If not agreed upon by both property owners, the owner installing the fence shall place the fence a minimum two (2) feet off the shared property line.

         (5)   Fences built on residential property outside of required front or street side yards may exceed 50 percent closed construction.

         (6)   Permitted fence materials in all zoning districts are wood, chain-link, vinyl/PVC/resin manufactured fence products, composite fence systems, ornamental metal (aluminum or steel), stone, or masonry. Wood fences shall utilize standard building lumber only. Sheet-metal panels (including corrugated or ribbed), unframed or raw livestock/cattle/hog panels or gates, reclaimed pallets or other reclaimed wood products, tarps, plastic mesh/snow fence, and other temporary materials are not acceptable as permanent fence construction in any zoning district. This restriction does not apply to temporary construction safety or erosion-control fencing installed in connection with an active building permit. Welded-wire panels may be used only when securely framed with wood or metal posts/rails and installed in a workmanlike manner to present a finished appearance as required by 165D.04(F)(1)(D). Compliance with this requirement shall be determined by the Building Inspector. Where chain link is used, privacy slats are permitted; when installed, they count toward the closed construction limits in 165D.04(F)(1).

         (7)   Fences may exceed the maximum height by four inches provided they are installed to maintain landscaping material at grade.

         (8)   Height shall be measured from the average grade along the fence line.

      G.   Where it is demonstrated that for security purposes the perimeter fencing around a plant or building located in an area zoned as an Industrial District must be higher than six feet in height, it shall be approved through a conditional use permit.

      H.   Fences constructed along and parallel to lot lines separating a residential lot from property located in a Commercial or Industrial District shall not exceed eight feet in height.

         (1)   Fences constructed along and parallel to rear and side lot lines adjoining arterial streets, as designated by the IDOT, shall not exceed eight feet in height.

         (2)   No fence or vegetation shall be situated or constructed in such a way as to obstruct the vehicular traffic or otherwise create a traffic safety hazard.

         (3)   The use of barbed wire or concertina (razor) wire in the construction of any fence is prohibited except:

            a.   Perimeter security fencing of buildings constructed in an Industrial District. The plans and specifications for any such fencing must be approved by the City Council before commencement of construction.

            b.   Farm fencing constructed for agricultural purposes on parcels of land 10 acres or more in size, located in the AR District.

   2.   All fences shall be maintained in good repair. Fences shall be maintained in an upright position. Any fence that is broken, damaged, has a significant lean or is missing rails, posts, or other structural components shall be promptly repaired or replaced.

   3.   Electric Fences. Underground animal control fencing shall be permitted in all districts. Electric or electrified fencing installed above ground is prohibited in all districts except the Agricultural Residential (AR) District in compliance with Section 41.09 of the Municipal Code of Sergeant Bluff. In the AR district, electric fencing may be used for agricultural purposes only and shall be installed and maintained in a manner that does not pose a hazard to children, adults, or animals outside the property.

   4.   Garden fences do not require a permit for installation provided they do not exceed four (4) feet in height, are 50 percent open construction, do not exceed 200 square feet and are setback a minimum of eight (8) feet from the front line of the principal building, are used for the purpose of protecting growing, cultivated vegetation.

   5.   Swimming pool, hot tub, and spa barriers. Barriers for swimming pools, hot tubs, and spas are required in the Municipal Code of Sergeant Bluff Chapter 159 Property Maintenance Code.

      A.   Minimum height of a swimming pool (inground or above ground), hot tub, or spa barrier from average grade shall be 48 inches in height and not to exceed a maximum height of six (6) feet as measured from average grade.

      B.    Barriers that are attached to the top of an above ground pool shall be labeled and listed as a barrier and installed in accordance with the manufacturer's instructions.

      C.   A deck built even with the above ground pool side wall shall have a railing, minimum height of 36 inches not to exceed a maximum height of seven (7) feet as measured from the top of the railing to the average grade.

      D.   No barrier shall be required for a swimming pool, hot tub, or spa if the property is completely fenced in, and the fence is installed in accordance with the provisions of this code.

      E.   No barrier shall be required for a swimming pool, hot tub, or spa if there is a safety cover that complies with the requirements of ASTM F 1346.

   1.   Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from a street. The provisions of this section shall not be construed to prohibit the display of merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile homes, or similar equipment when in operable condition.

   2.   Fire Hazard. No operation shall involve the use of highly flammable gasses, acid, liquids, grinding processes, or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gasses when handled in accordance with other ordinances of the City.

   3.   Noise. No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noises shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness.

   4.   Sewage and Liquid Wastes. No operation shall be carried on which involves the discharge into a sewer, water course, or the ground, liquid waste of any radioactive or poisonous nature or chemical waste which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

   5.   Air Contaminants.

      A.   Air contaminants and smoke shall be less dark than designated Number One on the Ringlemann Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four-minute period in each one-half hour. Light colored contaminants of such an capacity as to obscure an observer’s view to a degree equal to or greater than the aforesaid shall not be permitted.

      B.   Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

      C.   Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public in general; or to endanger the comfort, repose, health, or safety of any such considerable number of persons or to the public in general, or to cause, or have a natural tendency to cause injury or damage to business, vegetation, or property.

      D.   The emission of odors that are generally agreed to be obnoxious to any considerable numbers of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this Zoning Code.

      E.   The gasses sulfur dioxide and hydrogen sulfide shall not exceed five parts per million, and carbon monoxide shall not exceed five parts per million. All measurements shall be taken at the zoning lot line.

      F.   All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three thousands of an inch, measured at the zoning lot line. The use of steam or broad hammers shall not be permitted in this zone.

      G.   All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the zoning lot line. No heat from furnaces or processing equipment shall be sensed at the zoning lot line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

   6.   Maximum Permitted Sound Levels Adjacent to Residential Zoning Districts. The following table displays the maximum permitted sound levels that may be generated by uses in the ML or MH zoning districts where adjacent to residential zoning districts. All measurements shall be taken at or within the boundary between the originating district and the adjacent residential zoning district with a sound level meter meeting ANSI specifications for a Type II or better general purpose sound level meter. The A-weighted response shall be used.

 

 

   1.   Intent. The intent of the screening requirements is to improve the appearance of lot areas; to provide a buffer between differing land uses; to minimize the adverse effect of uses from one another; to minimize the effect of heat, noise and glare; and to conserve the value of property and neighborhoods within the community. Property development shall consider and respect land capabilities and constraints, minimize erosion and destruction of natural amenities and provide a buffer between differing land uses.

   2.   Screening Requirements.

      A.   All parking areas or vehicular use areas abutting a residential district or public right-of-way shall be screened from grade level to a height not less than three feet.

      B.   All commercial and industrial uses that abut residential districts shall provide screening not less than three feet in height along the abutting property lines.

      C.   Screening required by this section shall be equivalent to the following:

         (1)   Solid fences or walls as approved by the Planning and Zoning Commission on a final development plan.

         (2)   Hedges, shrubs, or evergreen trees of 36 inches in height at planting spaced appropriately to provide a solid screen within three years after planting.

         (3)   Berms of not less than three feet in height and that provide a maximum slope of 3:1 for easy maintenance. Such berms may be used in conjunction with plantings to achieve the solid visual screen as described in Subparagraph C(1) of this subsection.

         (4)   All projects except one- and two-family dwellings shall include a detailed drawing on the landscape plan indicating the method of enclosure and screening to be used on trash dumpsters.

         (5)   All dumpsters or trash bins shall maintain a solid six feet tall enclosure around each unit. Said enclosure shall be constructed of materials complimentary and suitable to the primary use.

      D.   Junkyards (salvage yards) shall be screened with an eight-foot-high opaque, solid fence or earth berm so as to provide visual and aural separation between such use and adjacent areas.

      E.   All extractive industries shall be screened by means of plant materials, earth mounding or solid fencing at least six feet in height to provide visual and aural separation between such use and adjacent areas.

   3.   Installation and Maintenance of Screening.

      A.   Installation. All landscaping shall be installed in a sound workmanship like manner and according to accepted good planting procedures. Landscaped areas shall require protection from vehicular encroachment. Temporary occupancy permits may be issued due to weather related conditions upon approval by the Zoning Administrator.

      B.   Maintenance. The owner, developer, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in proper condition. When replacement is necessary all plants and other non-living landscape materials shall be equal in size, density and appearance to those items requiring replacement.

      C.   All required screening and fencing shall be maintained and, whenever necessary, replaced with materials that provide equivalent size, density, and appearance. All landscaping and screening shall be kept free from refuse and debris so as to present a healthy, neat and orderly appearance. Lawn grass shall be maintained on all areas not covered by other landscaping, parking, drives, buildings, or similar structures. Existing yards shall be maintained with grass or other approved ground cover.

   4.   Parking Lot Plan Approval. A final site development plan shall be submitted to the Zoning Administrator with the requisite landscaping and screening required herein for each of the following types of parking lot improvements:

      A.   New construction.

      B.   Expansion of existing facilities.

      C.   Maintenance of existing facilities where an overlay is proposed at which time the landscaping and screening shall be required. Modifications to the required parking lot landscaping and screening may be granted by the Zoning Administrator after review of submitted plans and in consideration of surrounding uses.

      D.   No parking lot shall be exempted from these regulations, unless previously exempted.

   Junk yards and salvage of materials may be allowed in identified districts, provided the following minimum conditions are met. Additional conditions may be required depending upon the operation and the proposed location.

   1.   Construction and operation shall comply with this Code of Ordinances and any other applicable codes or requirements.

   2.   Receiving areas for junk or salvage material shall be designed to avoid the depositing of junk or salvage material outside a building or outside screened (solid fence) storage areas.

   3.   Junk yards and salvage of materials shall contain a minimum of two acres and shall not be located within a designated 100-year floodplain area as identified by the Corps of Engineers.

   4.   Junk or salvage material kept outside a building or buildings shall not be located closer than 500 feet from any designated State or federal highway. Or locally designated expressway, major arterial, and other arterial as per IDOT or subsequent successor agency.

   5.   Junk material kept outside a building or buildings shall not be located in the required front yard.

   6.   Junk or salvage material kept outside a building or buildings shall be at least 100 feet from the boundaries of the ML zoning district and shall be at least 500 feet from the any residential district or use.

   7.   All motor vehicles shall have all fluids drained prior to placement within the facility.

   The following conditions shall be met when locating a biofuels facility within the zoning jurisdiction of Sergeant Bluff. The standards are intended to protect the health, safety, and general welfare of the residents of Sergeant Bluff.

   1.   Access to the facility shall be paved and connect to a hard surfaced street/road classified as an arterial.

   2.   If access is onto a County road or City street, the applicant must provide evidence that the paving of such highway, road or street is sufficient to carry, without damage to the roadway, the weight and size of the loads of grain and liquid and any by-product entering or leaving the facility by truck.

   3.   If the road or street is not capable of carrying the weight and size of the loads, then the applicant shall be required to make any necessary upgrades to the paving in order for the pavement to handle the size and weight of the loads.

   4.   The applicant shall be required to construct and acquire right-of-way for all turning lanes and signals necessary to handle the increase in truck traffic.

   5.   The facility if located adjacent to a railroad line shall have sufficient area to provide for sidings for loading and unloading raw or finished product. The sidings shall be constructed at the applicant’s expense.

   6.   The facility shall not be located in an area where winds and other climatic events disperse odor, steam, smoke and other discharges into the corporate limits of the City.

   7.   The facility shall not be located in an area where topography impairs the dispersal of steam, smoke, or other discharges from the facility.

   8.   Water supply wells for the facility shall not be located within the 20-year time of travel of any municipal well.

   9.   The facility shall be designed to recycle, in a manner compliant with all City and State rules and regulations, a minimum of 75 percent of the water used by the facility including water used for distillation.

   10.   All fuel storage tanks shall be located in a manner that will not allow for contamination of any groundwater or surface water.

   11.   Total equipment height limited to the requirements of the zoning district.

   12.   All fuel storage tanks shall be within an impermeable containment levy system.

   13.   Site plan review required.

   14.   Lighting must be compliant with all applicable ordinances.

   15.   Noise produced by facility must comply with all noise ordinances.

   1.   Purpose. The purpose of the regulations of this Section is to balance the need for clean, renewable energy sources with the need to protect the public health, safety, and welfare. The regulations of this Section are found to be necessary to ensure that solar energy conversion systems are appropriately designed, sited, and installed in the corporate limits of the City.

   2.   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      A.   "Solar Energy System (SES)" means an aggregation of parts including the base, supporting structure, photovoltaic or solar thermal panels, inverters, and accessory equipment such as utility interconnection and battery banks, in such configurations as necessary to convert radiant energy from the sun into mechanical or electrical energy.

      B.   "Large Solar Energy System (LSES)" means a solar energy system that has a nameplate rated capacity of over twenty-five (25) kilowatts in electrical energy for non-single-family residential uses and which is incidental and subordinate to a principal use on the same parcel. A system is considered an LSES only if it supplies electrical power or thermal energy solely for use by the owner on the site, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended from time to time.

      C.   "Small Solar Energy System (SSES)" means a solar energy system that has a nameplate rated capacity of up to fifteen kilowatts in electrical energy or fifty kBtu of thermal energy for residential uses and that is incidental and subordinate to a principal use on the same parcel. A system is considered an SSES only if it supplies electrical power or thermal energy solely for use by the owner on the site, 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 by the owner for on-site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended from time to time.

      D.   "Solar Energy System, Building Integrated" means a solar photovoltaic system that is constructed as an integral part of a principal or accessory building and where the collector component maintains a uniform profile or surface with the building's vertical walls, window openings, and roofing. Such a system is used in lieu of an architectural or structural component of the building. A building integrated system may occur within vertical facades, replacing glazing or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems. To be considered a building integrated solar energy system, the appearance of the collector components must be consistent with the surrounding materials.

      E.   "Solar Energy System, Building Mounted" means a SES that is securely fastened to any portion of a building roof, whether attached directly to a principal or accessory building.

      F.   "Total System Height for Building Mounted System" means the height above roof surface measured perpendicular to the roof specific to the installation on a sloped roof or the height above the roof surface specific to the installation on a flat roof.

      G.   "Total System Height for Ground Mounted System" means the height above grade from the highest point, including the supporting structure, related equipment, and the collector panels. Adjustable angle systems shall be measured from the highest point where the system is at its maximum vertical extension.

      H.   "Off Grid" means an electrical system that is not connected to a utility distribution grid.

      I.   "Solar Access" means a property owner's right to have sunlight shine on his land.

      J.   "Solar Energy" means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

      K.   "Utility Scale Solar Energy System" means a solar energy system that supplies electrical power or thermal energy solely for use by off-site consumers.

      L.   "Kilowatt (kW)" is equal to 1,000 watts.

      M.   "Watt (W)" is the International System of Units' standard unit of power, the equivalent of one (1) joule per second.

      N.   "(kBtu)" means kilo (thousand) British thermal units, a common unit of energy management.

   3.   Permitted SES. The following solar energy systems (SES) are permitted in all zoning districts with the corporate limits of the City, subject to the stated limitations:

      A.   A building integrated system is allowed in any zone.

      B.   A building mounted system attached to a roof of a principal or accessory building is allowed in any zone.

      C.   A ground mounted system as an accessory use or structure to a primary structure is allowed in any zone in compliance with the City's Zoning Code section 165A.22.

      D.   Large solar energy systems (LSES) are not allowed in residential zones.

      E.   Utility scale solar energy systems are not allowed unless approved and authorized by the City Council.

      F.    Off grid solar energy systems are not allowed.

   4.   Requirements for Construction or Installation.

      A.   Interconnection Agreement. In order to install and construct any SES, the owner or operator is required to complete the Interconnection Agreement and submit to the City of Sergeant Bluff.

      B.   Building Permit Required. It shall be unlawful to construct, erect, install, alter, or locate any SES within the corporate limits of the City, unless approved with a building permit. The application for a building permit shall include:

         (1)   A site plan drawn to scale showing the following:

            a.   Existing structures on the lot;

            b.   Proposed system location;

            c.   Property lines;

            d.   Setbacks of existing and proposed structures;

            e.   Right-of-ways and easements; and

            f.   Utility diagram applicable to proposed system.

         (2)   Elevation views and dimensions.

         (3)   Manufacturer's photographs.

         (4)   Manufacturer's spec sheet including capacity.

         (5)   Standard drawings, specifications of system components, and dimensional representations of the system and all its parts, including the supporting frame and footings.

         (6)   A single line drawing in accordance with the Interconnection Agreement diagram in sufficient detail to allow for determination that the manner of installation conforms to the National Electric Code and the requirement of the utility provider.

         (7)   Systems to be mounted on existing buildings, an engineered analysis showing sufficient structural capacity of the receiving structure to support the SES per applicable code regulations, certified by an Iowa licensed professional engineer.

      C.   Compliance with all Governmental Regulations. The owner/operator of the SES shall obtain any other permits required by other federal, state, and local agencies/departments prior to erecting the system.

      D.   Installation and Inspections. Installation shall be subject to inspections by the City building inspector. Installation must be done according to manufacturer's recommendations. All work must be completed according to the applicable building, fire, and electrical codes. All electrical components must meet code recognized test standards.

      E.   Color. The color of the support base of the SES shall be a neutral color. All surfaces shall be non-reflective to minimize glare that could affect adjacent or nearby properties. Measures to minimize nuisance glare may be required including modifying the surface material, placement, or orientation of the system, and if necessary, adding screening to block glare.

      F.   Lighting. No lighting other than required safety lights or indicators shall be installed on the SES.

      G.   Signage. No advertising or signage other than the manufacturer's identification logo and signage as required by applicable building codes and electrical codes.

      H.   Maintenance. The SES shall be well maintained in an operational condition that poses no potential safety hazard. Should the SES fall into disrepair and be in such a dilapidated condition that it poses a safety hazard or would be considered generally offensive to the senses of the general public, the SES may be deemed a public nuisance and will be subject to abatement as such.

      I.   Displacement of parking prohibited. The location of the SES shall not result in the net loss of minimum required parking.

      J.   Utility Notification. No SES that generates electricity shall be installed until evidence has been given that the utility company has been informed of and is in agreement with the customer's intent to install an interconnected customer owned generator.

      K.   Interconnection. The SES, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board.

      L.   Restriction on Use of Energy Generated. An SES shall be used exclusively to supply electrical power or thermal energy for on-site consumption, except that excess electrical power generated by the SES and not presently needed for onsite use may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa Administrative Code.

      M.   Shutoff. A clearly marked and easily accessible shutoff for any SES that generates electricity will be required as determined by the Building Inspector.

      N.   Electromagnetic Interference. The SES shall be designed and constructed so as not to cause radio or television interference. If it is determined that the SES is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocating or removal of the facilities, subject to the approval of the appropriate city authority. A permit granting an SES may be revoked if electromagnetic interference from the SES becomes evident.

      O.   Solar Access Easements. The enactment of this Section does not constitute the granting of an easement by the City. The owner/operator may need to acquire covenants, easements, or similar documentation to assure sufficient solar exposure to operate the SES unless adequate accessibility to the sun is provided on site. Such covenants, easements, or similar documentation are the sole responsibility of the owner/operator to obtain and maintain. Should the owner/operator pursue a solar access easement, the extent of the solar access should be defined, and the easement document executed in compliance with the regulation contained in Iowa Code chapter 564A (access to solar energy).

      P.   Removal. If the SES remains nonfunctional or inoperative for a continuous period of 180 days, the system shall be deemed to be abandoned. The owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure; collector panels and related equipment form the property excluding foundations. Should the owner/operator fail to remove the system, the SES will be considered a public nuisance and will be subject to abatement as such.

      Q.   Nonconforming Systems. An SES that has been installed on or before the effective date of this Section and is in active use and does not comply with any or all of the provisions of this Section shall be considered a legal nonconforming structure under the provisions of the Zoning Code sections 165A.26 through 165A.28.

      R.   Unsafe Condition. Nothing in this Section shall be deemed to prevent the strengthening or restoring to a safe condition of any SES or associated building or structure, or any part thereof, declared to be unsafe by the appropriate authority.

      S.   Bulk Regulations.

         (1)   Location.

            a.   No more than one SES may be placed on any zoned lot unless otherwise specifically approved by the Zoning Administrator.

            b.   No SES shall be constructed within twenty (20) feet laterally from an overhead electrical power line, excluding secondary electrical service lines or service drops.

            c.   Ground Mounted SES.

               i.   No part of the SES shall be located within or over drainage, utility, or other established easements, or on or over property lines.

               ii.   The SES shall be located in accordance with the regulations for accessory use in the Zoning Code section 165A.22 and meet the accessory setbacks as required for the zoned district in which the SES is being placed.

               iii.   The SES shall not be located with the front yard setback, side yard setback, or street side setback for the zoned area it is being installed.

               iv.   No portion of the SES shall be located closer than five (5) feet from the principal building or to any other building or structure on the lot or location. In addition, the SES shall not occupy more than 30% of the rear yard.

               v.   The setback from underground electrical distribution lines shall be a minimum of five (5) feet.

               vi.   No SES shall be located which may obstruct vision between a height of thirty (30) inches and ten (10) feet on any corner lot with a vision triangle of twenty-five (25) feet formed by intersecting street right-of-way lines.

            d.   Building Mounted SES.

               i.   The SES shall be set back not less than one (1) foot from the exterior perimeter of the roof for every one (1) foot the system extends above the parapet wall or roof surface.

               ii.   Should the SES be mounted on an existing structure that does not conform to current setback requirements, the SES shall be installed to meet the current setback requirements applicable to the structure.

               iii.   The SES shall be designed to minimize its visual presence to surrounding properties and public thoroughfares. Panel arrangement shall take into account the proportion of the roof surface, and panels shall be placed in a consistent manner without gaps unless necessary to accommodate vents, skylights, or equipment.

               iv.   Access pathways for the SES shall be provided in accordance with all applicable building, fire and safety codes.

               v.   The SES shall be located in such a manner that fall protection railings are not required or are not visible from the public thoroughfare.

            e.   Building Integrated SES.

               i.   No setback required.

               ii.   Access pathways for the SES shall be provided in accordance with all applicable building, fire, and safety codes.

               iii.   The SES shall be located in such a manner that fall protection railings are not required or are not visible from the public thoroughfare.

         (2)   Height.

            a.   Ground Mounted SES. The maximum height of the SES shall not exceed fifteen (15) feet in height as measured from the highest peak or angle to the average grade.

            b.   Building Mounted SES.

               i.   The collector panel surface and mounting system shall not extend higher than eighteen (18) inches above the roof surface of a sloped roof.

               ii.   The collector panel surface and mounting system shall not extend higher than seven (7) feet above the roof surface of a flat roof.

            c.   Building Integrated SES. The collector panel shall maintain a uniform profile of surface with the building's vertical walls, window openings, and roofing.

         (3)   Size.

            a.   Unless otherwise defined in this subsection, the size of the SES is calculated by measuring the total surface area of the collector panels for the system.

            b.   For a Building Mounted SES, the system size will be determined by the available roof area subject to the installation, minus the required setbacks or access pathways.

            c.   For a Building Integrated SES, the system size will be determined by the available building surface area subject to the installation, minus the required access pathways.

   1.   Minimum lot size of the self-storage facility shall be 15,000 square feet.

   2.   Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance    of the facility.

   3.   All driveways, parking, loading and vehicle circulation areas shall be surfaced with concrete, asphalt, asphaltic concrete. All driveways within the facility shall provide a hard surface with a minimum width of 25 feet.

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

   5.   No storage may open into the front yards.

   6.   The total area covered by buildings shall not exceed 50 percent of the site.

   7.   The storage of hazardous, toxic, or explosive substances, including (but not limited to) hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil are prohibited.

   8.   Facilities must maintain landscape buffer yards of 50 feet adjacent to any public right-of-way and 20 feet adjacent to other property lines, unless greater setbacks are required, a total of 35 percent of all yards shall be landscaped.

   9.   Site development shall include provisions for storm water management in accordance with this Code of Ordinances.

   10.   Height limitations shall require a maximum height of 20 feet for any structure in the facility.

   1.   Where permitted in commercial districts, all repair activities must take place within a completely enclosed building. Outdoor storage is permitted only where incidental to auto repair and body repair, provided that such storage is completely screened so as not to be visible from residential areas or public rights-of-ways. Screening is subject to provisions of Section 165D.06 of this chapter.

   2.   Any spray painting must take place within structures designed for that purpose and approved by the Building Official.

   1.   Each conveyor operated auto washing facility shall provide 100 feet of stacking capacity per washing lane on the approach side of the washing structure and stacking space for two vehicles on the exit side.

   2.   Each self-service auto washing facility shall provide stacking space for three automobiles per bay on the approach side and one space per bay on the exit side of the building.

   1.   All outdoor display areas for rental and sales facilities shall be hard surfaced.

   2.   Body repair services are permitted as an accessory use to automobile rental and sales facilities, provided that such repair services shall not exceed 25 percent of the gross floor area of the building.

   Bed and breakfast homes shall meet the following requirements:

   1.   Comply with all requirements under Chapter 137 of the Code of Iowa.

   2.   Advertise only as a bed and breakfast home.

   3.   Have smoke detector in working order in each sleeping room.

   4.   Maintain a fire extinguisher in working order on each floor.

   5.   Have water tested annually by the local board of health or other approved laboratory or have sourced from a public water supply.

   6.   If food is served to the general public including persons who are not overnight guests, the facility must be licensed and inspected as a food service establishment under the 2005 Food Code. (A separate self-contained food preparation area is required.)

   Outdoor storage containers are subject to the regulations outlined for accessory buildings in Section 165A.22, except as provided below:

   1.   Outdoor storage containers within each district shall be limited to two containers per business when located within the ML and MH Districts.

   2.   Containers shall be located to the rear 50 percent of the site.

      A.   Containers shall not be located in any required setback or yard area, required landscape area, required drive aisle, driveway, or parking area.

      B.   Containers shall not encroach upon spaces necessary to satisfy the minimum parking requirement, nor shall they block, impede, or divert traffic in or access to emergency, snow removal, and circulation and fire lanes.

      C.   Containers shall not be stacked upon one another and shall be located an appropriate distance from all structures, in accordance with the Fire Code.

   3.   Storage containers should not be visible from an adjoining property or from a public or private street. Storage containers not so located may be placed on a site if the containers are adequately screened and buffered.

      A.   Screening shall be provided so that the outdoor storage container is not visible or is buffered from surrounding properties or public or private streets or the container shall be architecturally compatible with the primary buildings and the nature of the business.

      B.   Enhanced fencing, landscaping, buffering and/or architectural treatments shall be required for visible containers.

      C.   Buffering may include the use of decorative design features including painting, murals, etc.

   4.   The exterior of the storage containers shall be kept free of rust, holes, dents, or other corrosion and shall be painted or otherwise maintains such that they are consistent with the character of adjacent buildings, and secured at all times.

   5.   At no time shall an outdoor storage container be used as a place of business or residence, nor shall a container house, store, or contain goods, products, or materials other than those that are accessory and essential to daily on-site use and operation of the principal building or business requesting the special use permit.

   6.   The temporary use of construction trailers or containers at a building site is exempt from this requirement.

   It is unlawful for any owner of property to extract, mine, quarry, or remove soil for commercial purposes without the proper permits, except soil donated for use by a municipality, county, or state for public roadway purposes.

   1.   When soil is sold, removed, and transported to be used for public roadway purposes, it shall be the responsibility of the property owner to meet the following conditions:

      A.   The application shall include a grading map showing contours, proposed extraction contours, and proposed final grade contours.

      B.   The applicant shall identify the effect of the extraction on the groundwater table of the adjoining properties.

      C.   Erosion controls, including retention and sediment basins shall be provided during extraction to prevent a change in the character of runoff onto adjacent land.

      D.   The application shall identify proposed vehicle and equipment storage areas.

      E.   The surface shall be maintained in such a manner that surface waters do not collect or pond, unless specifically approved. Underground drainage may be supplied if it connects to an existing facility.

      F.   Topsoil shall be collected and stored for redistribution on the site at termination of the operation.

      G.   Excavation shall be conducted in such a way as not to constitute a hazard to any persons or to the adjoining property. All cuts shall be returned to a slope of less than 3:1 as soon as possible. Safety screening shall be required at the outer boundary of the site; visual screening will also be required where said boundary is adjacent to residential or recreational land.

      H.   Within one year after completion of the excavation on any portion of the site, the topography and soils shall be stabilized, and the land shall be graded, seeded, and sodded so as to prevent erosion and siltation, and to protect the health, safety, and general welfare of the public as per the City’s erosion control requirements.

      I.   The owner of the property shall obtain adequate insurance to cover any of the damages that may occur as a result of this operation and shall assume all liability for any damages. A copy of such insurance or other proof of such insurance shall be submitted to the Zoning Administrator’s office prior to issuing a conditional use permit.

      J.   To assure that all of these conditions are met by the owner, a bond contingent on the size of the operation, removal, or extraction may be required to be posted with the City.

   2.   Exceptions.

      A.   Subsection 1 does not apply to removals, extractions, and operations that remove less than 100 cubic yards from a given location.

      B.   Subsection 1 does not apply to owners who donate soil to a municipality, county, or state. Further, this section does not apply to sand and gravel quarries, or the commercial removal of soil not used for road purposes.

    No recreational vehicle park shall be constructed within the zoning jurisdiction of Sergeant Bluff unless a conditional use permit is approved and issued by the City and is constructed in conformance with the following requirements:

   1.   The tract to be used as a recreational vehicle park or campground shall not be less than two acres in area. Under no circumstances shall a manufactured home be parked in a recreational vehicle park or campground.

   2.   The maximum number of recreational vehicles, trailers, or camp sites shall be 15 per acre.

   3.   Each recreational vehicle, trailer, camp site shall be plainly marked.

   4.   The minimum dimensions of a recreational vehicle, trailer, or camp site shall be 25 feet wide by 40 feet long.

   5.   Each recreational vehicle, trailer, or camp site shall be separated from other recreational vehicle, trailer, or camp sites by at least 15 feet.

   6.   All recreational vehicle, trailer, or camp sites shall meet the required setbacks from roads and from the ordinary high water mark and shall be located at least 50 feet from exterior lot lines.

      A.   The exterior lot line setback shall be maintained in open space, except that landscaping for the purpose of screening the park from visual views from adjacent properties.

      B.   Screening at least six feet in height shall be provided between the recreational vehicle park or campground and any adjoining residential area.

   7.   The number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, provided:

      A.   No one space shall be designed for direct access to a county road or highway outside the boundaries of the recreational vehicle park or campground;

      B.   All interior access drives shall be at least 20 feet in width;

      C.   All interior access drives and parking areas shall be hard surfaced.

   8.   There shall be two off-street parking spaces per each individual recreational vehicle, trailer, camp site.

   9.   Each pad location shall be equipped with the following:

      A.   Electrical outlet.

      B.   A sanitary sewer connection per IDNR requirements.

      C.   A potable water connection per IDNR requirements.

   10.   Storm shelters shall be required and shall meet the following criteria:

      A.   Shelter space equivalent to two persons per pad.

      B.   Designed in conformance with National Performance Criteria for Tornado Shelters by the Federal Emergency Management Agency (FEMA) and any other referenced material by FEMA.

      C.   Shelters shall be sited in order to provide maximum protection to occupants and so that visitors may reach a shelter within the maximum safe time frame as directed by FEMA.

   11.   Other criteria that shall be met include:

      A.   No more than one wheeled recreational vehicle or trailer shall be allowed on any individual pad site. In addition to these units, a tent may be erected to serve as an auxiliary shelter, but shall not be erected for more than 14 consecutive days.

      B.   These parks are considered as a seasonal business and site and individual recreational vehicles or trailers are considered seasonal dwelling and shall not be occupied for more than four continuous months in a 12-month period. However, a recreational vehicle or trailer may remain on site for the remaining portion of the year in a stored state.

      C.   Wheels and tires shall remain in the in-transit position.

      D.   No porches, lean-tos, or additions shall be constructed onto any of these recreational dwellings. Canvas screen rooms or awnings shall be allowed.

      E.   A recreational dwelling may only be skirted with lattice; solid skirting may be installed immediately adjacent to the tires.

      F.   A shelter unit may be located on an individual pad site provided it is designed only to protect occupants from the elements and does not have a permanent water supply, a sewage system, electricity, or heating and cooking facilities.

      G.   Identify a fire safety plan/emergency plan (approved by the local rural fire department) in the event of a man-made or natural disaster.

One permanent dwelling unit may be constructed within the recreational vehicle park and is to be used strictly by the park owner and family or the resident superintendent.

   Mobile food units are allowed in specific zoning districts; however, these uses shall be required to abide by the following requirements:

   1.   All units shall be located on vacant lots or pad sites except in the BGC District where on-street parking may be permitted. On-street parking shall only be allowed during times of operation.

   2.   All units shall only operate during hours identified on the temporary permit. In no case shall a unit be open for more than one hour after the legal closing time of local bars.

   3.   All refuse shall be transported off-site unless an agreement with the property owner is submitted to the City identifying an alternate.

   4.   All units shall not be allowed to use intense lights in order to attract customers.

   5.   During non-operation hours, these units shall be stored on a vacant lot or in an enclosed structure.

   Country clubs/golf courses are allowed in specific zoning districts; however, these uses shall be required to abide by the following requirements:

   1.   Sleeping facilities, other than quarters for one caretaker or manager and family, are prohibited.

   2.   Clubs operated as restaurants, cocktail lounges, card rooms, beer taverns, bowling alleys, pool and billiard parlors, or similar activities normally carried on as a building shall be excluded from the definition of county club.

   3.   Nothing herein limits the method of operation of such facilities enumerated as a country club when owned or operated by a governmental agency.

   All structures intended for residential occupancy placed, erected, assembled, or constructed after July 1, 2017, shall meet and comply with the following minimum requirements:

   1.   All residential construction shall have a minimum of one thousand square feet of living area, exclusive of porches, breeze ways, basements, patios, and garages.

   2.   All residential homes are to be above ground and basements are required on all residential homes except that slab-on-grade or a crawl-space is allowed provided a concrete storm shelter is incorporated somewhere into the design of the primary structure.

   3.   All residential construction shall have a manufactured block or poured wall foundation. Wood foundations are not allowed.

   4.   No earthen homes shall be allowed in zones RG-20, RG-60, RS-80 and MF1. They are allowed in RS-150 and AR as a conditional use.

   5.   Every new residential dwelling shall have a sidewalk extending across the front of the property and any side which abuts a street for a corner lot. Sidewalks shall be installed and maintained in accordance with the standards set forth in municipal code section 136.08.

   6.   Residential exterior facades shall be those customarily used in residential construction. Tin or steel, similar to pole-style buildings and T1-11 are not allowed on residential homes.