Spencer City Zoning Code

   The city recognizes that consequences of certain land use activities, whether intentional or accidental, may contaminate or degrade the quality of the ground water from which the public water supply is drawn. The purpose of this subchapter is to protect from and prevent the contamination or degradation of municipal ground water resources from certain land use activities by imposing appropriate restrictions upon lands located within the ground water recharge area of the municipal water supply. There is created by this subchapter, an overlay zoning ordinance, under which supplemental land use regulations, limitations and restrictions apply in addition to the land use restrictions contained in other chapters or chapters of this code. The restrictions imposed in this subchapter are in addition and supplemental to all other zoning and land use restrictions contained in this code.

(Prior Code, § 9-17-1) (Ord. 518, passed 8-2-1999)

   A Public Water Supply Protection Overlay District is hereby created and divided into Zone A, Zone B and Zone C as follows.

   (A)   Zone A is identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit ground water contaminants to the municipal wells. Zone A is more restrictive than Zone B. Zone A represents the area in which the time of travel of a contaminant to a well is one year or less.

   (B)   Zone B is identified as a secondary source of water for the municipal well aquifer and as an area where there is a lower probability of surface contaminants reaching the municipal well fields. Zone B is less restrictive than Zone A. Zone B represents an area in which the time of travel of a contaminant to a well is one year to five years.

   (C)   Zone C is identified as a tertiary source of water for the municipal well aquifer and as an area where there is an even lower probability of surface contaminants reaching municipal well fields. Zone C is less restrictive than Zone B. Zone C is an area in which the time of travel for a contaminant to a well is five years to ten years.

(Prior Code, § 9-17-2) (Ord. 518, passed 8-2-1999)

   (A)   The locations and boundaries of the Public Water Supply Protection Overlay District and Zones A, B, and C thereof are set forth on the Public Water Supply Protection Overlay District zoning map, which is adopted herewith, and which is incorporated herein by reference, and is attached to Ordinance 518 on file in the office of the City Clerk. This map, together with everything shown thereon and all amendments thereto, shall be as much a part of this subchapter as though fully set forth and described herein.

   (B)   The location of land uses in relation to the Public Water Supply Protection Overlay District, and the zones thereof, shall be determined by the Zoning Officer, whose determination shall be conclusive, subject to appeal to the Board of Adjustment or the State District Court.

   (C)   A defined parcel of real estate under common ownership which is partially within a zone of the District shall be subject to the regulations applicable for that zone. Portions of a parcel which are within different zones of the District shall be subject to the requirements applicable to the zone in which a portion of a parcel is located. However, a property owner may seek, and the Board of Adjustment may grant, as part of the terms of a special exception use permit pursuant to § 155.237, relief from the requirements of this division (C).

(Prior Code, § 9-17-3) (Ord. 518, passed 8-2-1999)

   Except as otherwise specifically provided in this subchapter, the provisions of §§ 155.001 through 155.008, 155.023 through 155.025, 155.295 through 155.302 shall be applicable and shall operate in conjunction with the provisions of this subchapter. Terms and phrases used in this subchapter shall have the definitions and meanings as contained in those sections.

(Prior Code, § 9-17-4) (Ord. 518, passed 8-2-1999)

   (A)   Prohibited uses. The following principal or accessory uses are hereby prohibited within Zone C of the Public Water Supply Protection Overlay District:

      (1)   Landfills or areas for dumping or disposal of garbage, refuse, trash, demolition materials or pollutants;

      (2)   Asphalt products manufacturing plants;

      (3)   Car washes;

      (4)   Automobile service stations;

      (5)   Cemeteries;

      (6)   Fertilizer manufacturing or storage facilities, except on-farm agricultural storage as permitted below;

      (7)   Salt storage areas;

      (8)   Junk or salvage yards;

      (9)   Mining operations;

      (10)   Petroleum product storage or processing; and

      (11)   Manufacturing, processing, sale, commercial storage or disposal of chemicals, toxic or hazardous materials or pollutants. (These provisions shall not be interpreted to prohibit the on-site storage or use of commercial or industrial chemicals or hazardous materials used in a commercial or industrial activity. Such storage or use may be permitted by special exception as provided under division (B) below.)

   (B)   Uses permitted by special exception. The following uses may be permitted in Zone C, only by special exception:

      (1)   Commercial, industrial or civic uses not listed as a prohibited use in division (A) above;

      (2)   Livestock confinement facilities or feedlots;

      (3)   On-site wastewater treatment and disposal systems;

      (4)   Single- and multi-family residential uses; and

      (5)   Storage for on-site use of inorganic and organic contaminants as described in § 155.238(B).

   (C)   Permitted uses. The following shall be permitted uses in Zone C:

      (1)   Animal grazing;

      (2)   Chemical application: application of fertilizers, pesticides or herbicides at a rate not exceeding label instructions;

      (3)   Chemical storage: temporary on-farm storage limited to amounts necessary and appropriate for annual application to land to be farmed by the storer;

      (4)   Field crops; pasture, hay, grains or vegetables;

      (5)   Local utility services;

      (6)   Low density residential; lots of 15,000 square feet in area or greater connected to a city sanitary sewer or served by an on-site wastewater treatment and disposal system and for which a permit has been issued by the county;

      (7)   Parks without sanitary facilities or with sanitary facilities connected to the city sanitary sewer;

      (8)   Permanent open space dedicated to recreation without sanitary facilities or with sanitary facilities connected to the city sanitary sewer;

      (9)   Public wells and utilities;

      (10)   Stabilized sludge and manure application, application of stabilized sludge and manure to cropland at rates not greater than crop uptake; application records shall be maintained and subject to inspection;

      (11)   Streets and highways; and

      (12)   Tree farms.

(Prior Code, § 9-17-5) (Ord. 518, passed 8-2-1999) Penalty, see § 155.999

   (A)   Prohibited uses. The following principal or accessory uses are hereby prohibited within Zone B of the Public Water Supply Protection Overlay District:

      (1)   All uses listed in § 155.234(A);

      (2)   Livestock confinement facilities or feedlots;

      (3)   Motor vehicle repair facilities engaged in the repair or servicing of motor vehicles, including repair, painting or engine rebuilding; and

      (4)   Septic disposal sites.

   (B)   Uses permitted by special exception. The following uses may be permitted in Zone B, only by special exception:

      (1)   Commercial, industrial or civic uses not listed as a prohibited use in division (A) above;

      (2)   On-site wastewater treatment and disposal systems of any kind;

      (3)   Single- and multi-family residential uses; and

      (4)   Storage for on-site use of inorganic and organic contaminants as described in § 155.238(B).

   (C)   Permitted uses. The following shall be permitted uses in Zone B:

      (1)   Animal grazing;

      (2)   Chemical application: application of fertilizers, pesticides or herbicides at a rate not to exceed the label instructions based on crop uptake;

      (3)   Field crops; pasture, hay, grains and vegetables;

      (4)   Local utility services;

      (5)   Low density residential; lots of 15,000 square feet in area or greater connected to a city sanitary sewer or served by an on-site wastewater treatment and disposal system and for which a permit has been issued by the county;

      (6)   Parks without sanitary facilities or with sanitary facilities connected to the city sanitary sewer;

      (7)   Permanent open space dedicated to recreation without sanitary facilities or with sanitary facilities connected to the city sanitary sewer;

      (8)   Public wells;

      (9)   Stabilized sludge and manure application, application of stabilized sludge and manure to cropland at rates no greater than crop uptake; application records shall be maintained and subject to inspection;

      (10)   Streets and highways;

      (11)   Temporary on-farm storage limited to amounts necessary and appropriate for annual application to land to be farmed by the storer; and

      (12)   Tree farms.

(Prior Code, § 9-17-6) (Ord. 518, passed 8-2-1999) Penalty, see § 155.999

   (A)   Prohibited uses. The following principal or accessory uses are hereby prohibited within Zone A of the Public Water Supply Protection Overlay District:

      (1)   All uses listed in § 155.235(A);

      (2)   Pest control or exterminating services;

      (3)   Residential dwelling units on lots less than 15,000 square feet in area;

      (4)   Stabilized sludge or manure applications to farmland within 200 feet of any well; and

      (5)   Storage for on-site use of inorganic and organic contaminants as described in § 155.238(B).

   (B)   Uses permitted by special exception. The following uses may be permitted in Zone A, only by special exception:

      (1)   Commercial, industrial or civic uses not listed as a prohibited use in division (A) above; and

      (2)   Low density residential; lots of 15,000 square feet in area or greater.

   (C)   Permitted uses. The following shall be permitted uses in Zone A:

      (1)   Field crops; pasture, hay, grains and vegetables;

      (2)   Local utility services;

      (3)   Parks without sanitary facilities or with sanitary facilities connected to the city sanitary sewer;

      (4)   Permanent open space dedicated to recreation without sanitary facilities or with sanitary facilities connected to the city sanitary sewer;

      (5)   Public wells and utilities;

      (6)   Streets and highways; and

      (7)   Tree farms.

(Prior Code, § 9-17-7) (Ord. 518, passed 8-2-1999) Penalty, see § 155.999

   (A)   The Board of Adjustment may grant a special exception use permit for uses permitted by special exception under the provisions of this subchapter, pursuant to the provisions of § 155.295.

   (B)   In considering applications for special exception use permits required under this subchapter, the Board of Adjustment shall not consider the review and evaluation criteria set forth in § 155.295(F), unless a special exception use permit is required under provisions of this code other than this subchapter.

   (C)   For purposes of this subchapter, the review and evaluation criteria shall be as follows:

      (1)   The potential or risk for ground water contamination created by the proposed use;

      (2)   Reasonable modifications or limitations to the proposed use that would reduce or eliminate the potential for ground water contamination;

      (3)   Site and facility drainage;

      (4)   Provisions for the containment, collection, control, removal and discharge of spills and wastes;

      (5)   Sanitary sewer or disposal facilities;

      (6)   Limitation of permitted areas for storage of hazardous, dangerous or toxic substances;

      (7)   The applicant’s demonstrated ability to safely handle toxic or hazardous substances under a written management plan and/or a plan of action to contain and clean up a spill of such substances, should a spill occur;

      (8)   The prior record and experience of the applicant or related entities concerning the spillage, discharge and control of contaminants;

      (9)   The financial ability and resources of the applicant as related to the applicant’s ability to accomplish a complete and timely cleanup required due to the release or discharge of a contaminant; and

      (10)   Any other factor that the Board of Adjustment finds is reasonably related to the protection of the municipal water supply.

(Prior Code, § 9-17-8) (Ord. 518, passed 8-2-1999)

   The provisions of this section shall apply throughout the Public Water Supply Protection Overlay District established in § 155.231.

   (A)   No French drains, pits or similar structures that permit the drainage or discharge of substances into the ground shall be permitted. All such structures shall be connected to an approved on-site wastewater treatment and disposal system or sanitary sewer.

   (B)   The following substances are considered to pose a serious threat of contamination to the municipal water supply. Such substances shall not be used or stored in the Public Water Supply Protection Overlay District, except in strict compliance with the provisions of this subchapter, any special exception use permit issued under this subchapter and applicable state and federal laws and regulations. Such substances shall be stored only in designated locations within enclosed structures and in appropriate closed containers:

      (1)   Lead;

      (2)   Copper;

      (3)   Inorganic contaminants listed in Iowa Administrative Code § 567-4(1)3(1); and

      (4)   Organic chemical or compounds listed in Iowa Administrative Code § 567-4(1)5(1).

(Prior Code, § 9-17-9) (Ord. 518, passed 8-2-1999)

   The following activities or uses are exempt from the provisions of this subchapter:

   (A)   The transportation of any hazardous or otherwise prohibited substance; provided the transporting vehicle is in transit;

   (B)   Growing and cultivation of pasture, grains, hay, trees, shrubs, vegetable gardens, flower gardens, turf or sod, together with customary uses of herbicides, pesticides and fertilizers necessary for the cultivation, used and applied in accordance with label instructions, except that no herbicides, pesticides or fertilizers shall be applied within 200 feet of a well;

   (C)   The use of any hazardous or otherwise prohibited substance solely as a fuel or lubricant in a motor vehicle;

   (D)   Fire, police and emergency medical services and activities;

   (E)   Consumer products limited to use at a facility solely for janitorial or maintenance purposes in connection with a permitted use;

   (F)   Consumer products located in the home that are used for personal family or household purposes;

   (G)   The storage and use of hazardous substances as a fuel or lubricant to provide auxiliary power for emergency use to the well field;

   (H)   The use of water treatment chemicals connected with the operation of the public water supply facilities; and

   (I)   Activities conducted under the jurisdiction and control of the Municipal Airport Board on the airport property, including, without limitation, aircraft and motor vehicle construction, reconstruction, painting and repair, aircraft deicing accomplished in accordance with state and federal regulations, and use and storage of petroleum products; however, agricultural spraying activities or facilities on the municipal airport shall be permitted only in compliance with the applicable rules of the State Department of Agriculture.

(Prior Code, § 9-17-10) (Ord. 518, passed 8-2-1999)

   Lots included in a plat of subdivision which is recorded prior to the effective date hereof shall be exempt from any provisions of this subchapter which require connection to a city sanitary sewer. Such lots may be served by an on-site wastewater treatment and disposal system.

(Prior Code, § 9-17-11) (Ord. 518, passed 8-2-1999)

   (A)   The Building and Zoning Officer shall have the power and authority to enter and inspect all buildings, structures and land within the Public Water Supply Protection Overlay District for the purpose of making inspections.

   (B)   In the event a building or structure appears to be vacant or abandoned, and the owner cannot be readily contacted in order to obtain consent for an inspection, the Building and Zoning Officer may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection.

(Prior Code, § 9-17-12) (Ord. 518, passed 8-2-1999)