Many land use activities, while not inherently inconsistent with other permitted uses in a particular district, may have significant impacts on the surrounding area. Conditional use permits for such uses allow special conditions to be “attached” to the development to address those impacts. The conditional use permit process provides for flexibility in identifying the special conditions without making the Ordinance unreasonably complicated. The objective of the conditional use permit process is to encourage compatibility of the proposed development with the environment, and with existing and future land uses in the area.

   1.   A conditional use permit may be issued only after review and approval of the submitted application, including any plans, by the Board of Adjustment. An application and plan shall only be approved upon a determination that the development, if completed as proposed, will comply with the provisions of this chapter.

   2.   A conditional use permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, and shall incorporate by reference the approved application and plan. The permit shall contain any special conditions or requirements lawfully imposed by the Board of Adjustment. The Director shall record the permit with the County Recorder and shall provide the applicant with a copy of the recorded permit.

   3.   All development shall occur strictly in accordance with such approved application and plan.

   1.   The applicant for a conditional use permit must be a person with the legal authority to take action in accordance with the permit.

   2.   The application must be submitted in accordance with the requirements set forth in Section 92.10, Required Permits.

   3.   Review Process and Submittal Requirements.

      A.   Conceptual Review Meeting. Before an applicant may submit a conditional use permit application, the applicant must attend conceptual review meeting with County departments and other applicable entities as appropriate. The applicant shall submit a conceptual review application prior to the meeting, including a proposed site development plan and a narrative of the proposed development. A conceptual review meeting may be waived, upon written request to the Director or his/her designee, by all members of the Interagency Review Team.

      B.   Formal Application Submitted. An application for a conditional use permit shall be submitted to the Planning and Development Department and shall include:

         (1)   Application form, signed by the property owner, and filing fee.

         (2)   Statement of justification addressing the Standards for Approval in Section 90.04.

         (3)   Site development plan sketch.

         (4)   Other information deemed necessary by the Planning and Development Director.

      C.   Interagency and Staff Review of Application. Following submittal of a completed application for a conditional use permit, including applicable filing fee, Planning and Development staff shall review application materials for compliance with the Standards of Approval from Section 90.04. The application shall also be reviewed by members of the Interagency Review Team.

      D.   Meeting Notice for Planning and Zoning Commission.

         (1)   Notice to Cities within Two Miles. Planning and Development staff shall send notice to any city located within two miles of the proposed subdivision outlining the location, time and date of the public hearing before the Planning and Zoning Commission.

         (2)   Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in a conditional use request outlining the location, time and date of the public hearing before the Planning and Zoning Commission.

         (3)   The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Adjustment, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Planning and Zoning Commission.

      E.   Public Hearing before the Planning and Zoning Commission. A staff report setting forth findings concerning the application’s conformance to this chapter, and any recommendations for requirements or conditions to be imposed, shall be prepared and presented by the Planning and Development staff at the Planning and Zoning Commission meeting. Any person may submit comments or request to speak on the items prior to the start of the meeting. The public hearing shall be scheduled according to standard agenda procedures. After reviewing the application at a public hearing, the Commission shall recommend to the Board of Adjustment whether it concurs in whole or in part with the staff’s proposed findings and recommendations. To the extent the Commission does not concur, the Commission shall propose its own findings of fact concerning the application’s conformance to the Standards for Approval in Section 90.04(1) of this chapter or recommendations and provide supporting reasons.

      F.   Meeting Notice for Board of Adjustment.

         (1)   Notice to Cities within Two Miles. Planning and Development staff shall send notice to any city located within two miles of the proposed subdivision outlining the location, time and date of the public hearing before the Board of Adjustment.

         (2)   Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in the conditional use request outlining the location, time and date of the public hearing before the Board of Adjustment.

         (3)   The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Adjustment, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Adjustment.

      G.   Public Hearing before the Board of Adjustment. Following a recommendation by the Planning and Zoning Commission, the conditional use permit request shall be placed on the Board of Adjustment agenda. A staff report setting forth the Planning and Zoning Commission’s findings of fact concerning the application’s conformance to this chapter and any recommendations by the Planning and Zoning Commission for requirements or conditions to be imposed is prepared by Planning and Development staff and placed on the Board of Adjustment agenda. The staff report shall be presented by the Planning and Development staff at the Board of Adjustment meeting. Any person may submit comments or request to speak on the items prior to the start of the meeting. The public hearing shall be scheduled according to standard agenda procedures. After reviewing the application at a public hearing, the Board of Adjustment shall determine whether it concurs in whole or in part with the Planning and Zoning Commission’s proposed findings and recommendations. To the extent the Board does not concur, the Board shall propose its own findings of fact concerning the application's conformance to the Standards for Approval in Section 90.04(1) of this chapter and provide supporting reasons. The Board of Adjustment shall make a motion regarding compliance or noncompliance of the request to the Standards for Approval in Section 90.04(1), and such motion becomes the official decision of the Board of Adjustment.

         (1)   In considering whether to approve an application for a conditional use permit, the Board of Adjustment shall proceed according to the following format:

            a.   The Board of Adjustment shall establish a finding of facts based upon information contained in the application, the staff report, and the Commission recommendation and presented at the Commission or Board of Adjustment hearings.

            b.   The Board of Adjustment shall consider such reasonable requirements or conditions to the permit as will ensure the development will satisfy the requirements of this chapter. A vote may be taken on such conditions before consideration of whether the permit should be approved or denied for any of the reasons set forth in paragraphs C and D below.

            c.   The Board of Adjustment shall consider whether the application complies with all of the Standards for Approval set forth in Section 90.04(1). Separate votes may be taken with respect to each criterion. If the Board of Adjustment concludes that the application fails to meet one or more of the criteria, the application shall be denied.

            d.   If the Board of Adjustment concludes that all such criteria in Section 90.04(1) have been met, the application and plans shall be approved unless it adopts a motion that the application fails to meet any of the approval standards set forth in Section 90.04(2). Separate votes may be taken with respect to each standard.

         (2)   Any such motion regarding compliance or noncompliance of the application to the development criteria or approval standards shall specify the supporting reasons for the motion. It shall be presumed the application complies with all criteria and standards not specifically found to be unsatisfied.

         (3)   The Board of Adjustment may attach a condition to a permit that limits the duration of said permit.

         (4)   All conditions or requirements shall be recorded with the written decision and order developed by the Board of Adjustment.

         (5)   For purposes of this section, the conditional use permit is issued when the Board of Adjustment votes to approve the application and plans.

         (6)   The written decision and order developed by the Board of Adjustment shall be recorded, will all conditions or requirements, and a copy shall be provided to the applicant.

         (7)   Petition to Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment under the provisions of Chapter 331 of the Code of Iowa, or any taxpayer, or any officer, department, board or bureau of the County may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after filing of the decision in the office of the board.

   1.   The Board of Adjustment shall review the proposed development for conformance to the following development criteria:

      A.   Compatibility. The proposed buildings or use shall be constructed, arranged and operated so as to be compatible with the character of the zoning district and immediate vicinity, and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations. The proposed development shall not be unsightly, obnoxious nor offensive in appearance to abutting or nearby properties.

      B.   Transition. The development shall provide for a suitable transition, and if necessary, buffer between the proposed buildings or use and surrounding properties.

      C.   Traffic. The development shall provide for adequate ingress and egress, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

      D.   Parking and Loading. The development shall provide all off-street parking and loading areas as required by the Ordinance, and adequate service entrances and areas. Appropriate screening shall be provided around parking and service areas to minimize visual impacts, glare from headlights, noise, fumes or other detrimental impacts.

      E.   Signs and Lighting. Permitted signage shall be in accordance with the applicable district regulations and shall be compatible with the immediate vicinity. Exterior lighting, if provided, shall be with consideration given to glare, traffic safety and compatibility with property in the immediate vicinity and shall comply with the requirements of Section 88.09, Site Lighting.

      F.   Environmental Protection. The development shall be planned and operated in such a manner that will safeguard environmental and visual resources. The development shall not generate excessive noise, vibration, dust, smoke, fumes, odor, glare, groundwater pollution or other undesirable, hazardous or nuisance conditions, including weeds.

   2.   If the Board of Adjustment concludes that all development criteria will be met by the development, it shall approve the application and plans unless it concludes, based on the information submitted with the official application materials and at the hearing that if completed as proposed there is a strong probability the development will:

      A.   Not adequately safeguard the health, safety and general welfare of persons residing or working in adjoining or surrounding property; or

      B.   Impair an adequate supply (including quality) of light and air to surrounding property; or

      C.   Unduly increase congestion in the roads, or the hazard from fire, flood or similar dangers; or

      D.   Diminish or impair established property values on adjoining or surrounding property; or

      E.   Not be in accord with the intent, purpose and spirit of the Ordinance or the Cornerstone to Capstone (C2C) Comprehensive Plan.

   3.   Burden of Persuasion. The burden of persuasion as to whether the development, if completed as proposed, will comply with the requirements of this chapter is at all times on the applicant. The burden of presenting evidence to the Board of Adjustment sufficient enough for it to conclude that the application does not comply with the requirements of this chapter is upon the person or persons recommending such a conclusion, unless the information presented by the applicant warrants such a conclusion.

   1.   A conditional use permit shall expire automatically if:

      A.   Within five years after issuance, substantial action has not been taken to accomplish the purpose of the permit; or

      B.   After substantial action has been taken and subsequently such work is discontinued for a period of one year, the permit shall immediately expire; or

      C.   The conditional use has been established and subsequently is discontinued for a period of one year, the permit shall immediately expire.

   2.   The Board of Adjustment may extend for a period up to one year the date when a permit would otherwise expire pursuant to subsection 1 of this section if it concludes that:

      A.   The permit has not expired; or

      B.   The permit recipient has proceeded in good faith and with due diligence; or

      C.   Conditions have not changed so substantially as to warrant a new application.

   3.   Successive extensions may be granted for periods up to one year upon the same findings. The permit holder shall submit a written extension request and applicable fee to the Planning and Development Department. The extension request shall be considered by the Board of Adjustment in accordance with the adopted development review procedures.

   A conditional use permit authorizes the permit holder the use of land or structures in a particular way and subject to certain conditions. As such, it is transferable. However, no person (including successors or assigns of the original permit holder) may make use of the land or structures covered under such permit except in accordance with all terms and requirements of the permit, so long as the permit remains in effect.

   1.   Types of Modifications.

      A.   Insignificant Modifications. Insignificant modifications to the approved permit are permissible upon authorization by the Director. A modification is insignificant if it has no discernible impact on neighboring properties, the general public or those intended to use or occupy the proposed development.

      B.   Minor Modifications. Minor modifications to the approved permit are permissible with the approval of the Board of Adjustment. A modification is minor if it has no substantial impact on neighboring properties, the general public or those intended to use or occupy the proposed development.

      C.   Major Modifications – New Applications. All other requests for modifications to the approved permit will be deemed a major modification and processed as a new applications as defined in this chapter. New conditions may be imposed by the Board of Adjustment, but the applicant retains the right to reject such new conditions by withdrawing the request for modifications and proceeding under the terms and conditions of the original permit.

   2.   Submittal Requirements for Modifications. The permit holder requesting approval of modifications shall submit a written modification request on forms and applicable fees provided by the Director, including plans and narrative specifically identifying the modifications. The Director shall determine whether the proposed modification falls within the categories set forth above.

   3.   Approval of Modifications. Approval of all modifications must be given in writing.

When indicated in Table 90-1, Table of Conditional Uses, a conditional use shall be subject to the supplemental standards listed below, in addition to the standards for approval set forth in Section 90.04 and development impacts specified in Section 90.05 of this chapter.

   1.   Commercial Campgrounds and Travel Trailer Parks:

      A.   Minimum Area: two net acres.

      B.   Maximum Area Impacted: No more than 35% of the site shall be developed with impervious surface which may include, but is not limited to: drives, parking areas, walkways, unit spaces, cabins, recreation areas, community buildings, and other related structures.

      C.   Drives: 18 feet in width if one-way or 25 feet in width if two-way, and provided with a smooth, hard and dense surface that shall be durable and well drained under normal use and conditions.

      D.   Screening: Rear and/or side yards shall be screened from adjacent property by a planting screen not less than 10 feet in width and six feet in height or by a fence, wall, berm or other comparable means.

      E.   Common Services Building: There may be common facility service buildings that provide laundry facilities, sanitary facilities, recreational facilities, non-automotive commercial uses supplying essential goods or services primarily for the use of subject park users; also, park management buildings, community buildings, one dwelling unit to be occupied by the owner or administrator, and other uses of a similar nature. All such buildings shall be located within the central park area and shall be primarily for the use of the park occupants.

      F.   Off-Drive Parking: One parking space for, and within the area of, each unit space.

      G.   911 addresses shall be posted for each site in accordance with the requirements of Story County Ordinance No. 161 (as amended).

      H.   Guests may stay at a Commercial Campground or Travel Trailer Park for no more than 30 consecutive days, unless the site is located within a Residential Manufactured Housing (RMH) District, or extended stay beyond 30 consecutive days is requested as a part of the Conditional Use Permit submittal and is granted as a condition of approval.

      I.   Commercial cabins are not permitted within the Residential Manufactured Housing District

   2.   Mineral Extraction and Primary Mineral Processing. The applicant shall submit a plan for the staged extraction and restoration of the site in accordance with Section 90.09, Specific Criteria for Submittals of Petitions for Mineral Extraction.

   3.   Rural Salvage Yard in Conjunction with an Owner-Occupied Single-Family Dwelling:

      A.   Abandonment. A statement in writing shall be provided by the owner, to become part of the public record, that the area will be cleaned up to the satisfaction of the Director and meet all applicable County, State, and federal requirements at such time the salvage yard is abandoned, or moved in whole or in part. A salvage yard that remains idle or unused for a continuous period of one year, whether or not fixtures or equipment are removed, shall constitute abandonment. The casual, intermittent, temporary, or illegal operation of a salvage yard shall not be sufficient evidence to establish continuous use.

      B.   Residential Envelope. A residential envelope shall be provided which shall extend 50 feet from the side and rear lines of the principal residential building and which shall extend from the front line of the principal residential building to the required front yard line. Accessory buildings that are attached or connected to a principal residential building shall be considered a part of such principal building. The required yard may serve as the required envelope, and in such cases regulations concerning required yards shall govern.

      C.   Screening Requirements. The owner shall submit a screening plan, which shall integrate that screen with the natural surroundings and assure reasonable access to the screen for maintenance purposes. The screening plan shall include the following:

         (1)   Screening shall be designed to eliminate the visual impact of the salvage yard contents by obscuring it from view from adjacent roadways and, as appropriate, adjacent property.

         (2)   Screening materials shall generally consist of natural objects, plantings, fences or other appropriate means such as storage sheds, buildings and other similar elements.

            a.   Natural objects shall be earthen berms, natural topography, wooded areas or other similar elements.

            b.   Plantings shall be shrubs and trees of such types as to provide year-round obscurement commensurate with local site conditions. All plant material used for screening shall be of a size and quantity to provide obscurement.

            c.   Screens shall be made of wood, metal, or other materials commonly used in the building trade and shall be of such height and type, in accordance with permissible district regulations, as necessary to provide obscurement. Screens shall be designed to withstand a minimum wind load of 20 pounds per square foot and shall be of a permanent nature. All materials used for finishing screens shall be a non-reflective material which will blend with the natural surroundings. Screening shall not be placed in any manner so that either the screen or the maintenance of the screen will create or contribute to the creation of a safety hazard or endanger public safety or interfere with road maintenance.

         (3)   The owner shall maintain the screening in a condition equal to the original installation of the screening. Maintenance shall include, but not be limited to, the following items:

            a.   Replacement of plant material that is dead or has been damaged so that it no longer serves the intended purpose of screening the junkyard.

            b.   Screen maintenance shall include the renewal of the surface treatment with stains, paints, or other appropriate material when needed and the replacement of panels, sections, members or support structures of the screening when needed.

      D.   Confinement of Salvage Yard. A junk or salvage yard shall not be permitted within any required yard or envelope. No portion of the front yard or front envelope shall be used for the conduct of business in any manner whatsoever except for parking of customer or employee vehicles.

      E.   Area. Lot area requirements shall be in accordance with all applicable district regulations for single-family dwellings. The area to be confined for the salvage yard shall not exceed five acres.

      F.   Distance Standards. A Conditional Use Permit for a rural salvage yard may not be issued for a proposed location within a five-mile radius of any other lawfully existing rural salvage yard in Story County. Also, such a permit may not be issued for a proposed location within 1,000 feet of the Greenbelt-Conservation District.

   4.   Communication Towers and Facilities. Communication towers/facilities existing and/or approved prior to the date of adoption of these standards may continue to be used; however, proposed modifications must be reviewed by the Director and, depending on the nature of the proposed modifications, may be subject to review and approval by the Board of Adjustment. In addition, any proposed modifications to approved and/or existing towers/facilities on towers constructed prior to April 20, 2001, for co-location must submit an application for zoning permit consistent with the requirements of Section 92.10, Required Permits.

      A.   Co-Location. Prior to applying for a conditional use permit for construction of a new tower/facility, the applicant shall exhaust all alternatives for co-location on existing towers/facilities. As such, the applicant shall submit evidence demonstrating the following:

         (1)   The planned equipment would exceed the structural capacity of the existing or approved antenna support structure, as documented by a qualified professional engineer licensed in the State of Iowa, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

         (2)   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the antenna support structure as documented by a qualified engineer and the interference cannot be prevented at a reasonable cost.

         (3)   Existing or approved antenna support structures cannot accommodate the planned equipment at the necessary height as documented by a professional engineer licensed in the State of Iowa.

         (4)   Fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower/facility development are presumed to be unreasonable.

         (5)   No new tower/facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Adjustment that no existing tower, structure, or alternative technology can accommodate the applicant’s needs.

         (6)   Furthermore, no new tower/facility shall be approved that is not in compliance with all standards for approval set forth in Section 90.04 and those contained herein.

      B.   Separation From Planned and/or Existing Residential Properties. All proposed towers/facilities shall be separated from neighboring properties either planned or utilized for residential purposes as established herein. The minimum separation distance shall be measured from the center of the foundation of the proposed tower/facility to the nearest portion of a property line of a neighboring tax parcel used or planned for residential purposes. For the purposes of this section, a property shall be considered to be used for a residential purpose, regardless of assessment type, if a dwelling or mobile home exists on the property. A property shall be considered to be planned for residential purposes if it has the Cornerstone to Capstone (C2C) Comprehensive Plan designation of Rural Residential Area or a residential designation as defined as an approved fringe area plan; if it is within two miles of a city boundary, and that city has established a residential land use classification for the property; or if a property is zoned Agricultural/Residential (A-R), Transitional Residential (R-1), Urban Residential (R-2), or Residential Mobile Home (RMH).

         (1)   For towers/facilities of self-supporting monopole or lattice-type construction, the minimum separation distance shall be 300 feet or 150 percent of the height of the tower, whichever is greater.

         (2)   For guyed towers/facilities the minimum separation distance shall be 300 feet or 150 percent of the height of the tower, whichever is greater, plus 100 percent of the length of the longest supporting guy wire.

      C.   Height. The applicant must demonstrate the proposed height of the tower/facility is the minimum necessary to accommodate the proposal’s requirements, as documented by a qualified engineer.

      D.   Required Setbacks. The center foundation of all towers/facilities are required to be set back from any public right-of-way in accordance with the following:

         (1)   For towers of monopole and lattice-type construction, a distance equal to 150 percent the height of the tower or 200 feet, whichever is greater; and for towers of guyed-type construction, a distance equal to 150 percent the height of the tower plus the length of guyed wire or 200 feet, whichever is greater.

         (2)   From any adjoining property zoned or planned residential or existing residential use, the distance of 300 feet or 150 percent of the height of the tower/facility for towers of lattice or monopole construction type; and 300 feet or 150 percent of the height of the tower/facility plus 100 percent of the length of the longest supporting guy wire for towers of guyed type construction as measured the center foundation of the tower/facility to the nearest property line.

         (3)   From other property lines, a distance equal to at least 50 percent of the height of the tower/facility.

         (4)   Guys and accessory buildings must satisfy the minimum zoning district setback requirements for accessory structures within the lease area.

      E.   Fencing and Screening.

         (1)   Security Fencing. Towers/facilities shall be enclosed by fencing not less than six feet in height and shall be equipped with appropriate anti-climbing devices.

         (2)   Screening. The lowest six feet of the tower/facility shall be visually screened by trees, large shrubs, solid walls, buildings, solid fencing, and/or any combination thereof, from all public rights-of-way and adjoining zoned, planned, and/or existing residential land uses.

      F.   Aesthetics. Towers/facilities shall meet the following general requirements.

         (1)   Color. Towers/facilities shall maintain a galvanized steel finish. If required to be painted by the FAA, such required colored schemes must be submitted to the Board of Adjustment. All mandated FAA requirements must be provided in writing to the Board of Adjustment prior to any action on applications.

         (2)   Lighting. Towers/facilities, including antennas, shall not be artificially lighted unless required by the FAA or applicable authority. Unless required as the only option by the FAA, strobe lighting is not permitted. If lighting is required, lighting alternatives and design chosen must cause the least disturbance to the surrounding views. All mandated FAA requirements must be provided in writing to the Board of Adjustment prior to any action on applications.

         (3)   Signs. No signs shall be allowed on any tower/facility, other than safety or warning signs. If any signage is required consistent with this standard, such signage must comply with the requirements of Section 89.02, Signs.

      G.   Compliance with Other Regulations. The proposed tower/facility must comply with all other applicable local, State or federal regulations.

      H.   Obstruction of View. The proposed tower/facility will not unreasonably interfere with the view from any publicly owned or managed areas or major view corridors.

      I.   Removal of Abandoned Towers/Facilities. If the use of the communication tower/facility is abandoned, the owner of the tower/facility and property owner will be notified that the property is considered to be in a state of abandonment, and such person shall remove the tower/facility, foundational supports, and associated appurtenances within 90 days of receipt of notice from Story County at the owner’s expense. Adequate removal shall include the restoration of the site to a state in keeping with the character of the surrounding landscape and the elimination of all ground-level paving. Failure to remove such an abandoned tower/facility within said 90 days shall be grounds to issue a notice of violation in accordance with the requirements of the Ordinance and undertake enforcement action upon the tower/facility owner and property owner.

         (1)   Any person, firm or corporation not in compliance with these regulations may be deemed guilty of a County infraction.

      J.   Submittal Requirements. In addition to the submittal requirements defined for conditional use permit applications, all applications for towers/facilities must submit the following information (as applicable). All plans shall be drawn at a scale of one inch equals 50 feet.

         (1)   A scaled site plan clearly indicating the location, type and height of the proposed tower/facility, existing land uses, adjacent land uses, zoning, Cornerstone to Capstone (C2C) Comprehensive Plan designations of the site and for all properties within 500 feet.

         (2)   Legal description of the parent parcel and leased parcel (if applicable).

         (3)   The separation distance between the proposed tower/facility and nearest planned and/or existing residential property.

         (4)   The separation distance from other existing and approved towers. The applicant shall also identify the type of construction of the existing towers and owner/operators of such facilities.

         (5)   A landscape plan showing specific landscape materials, existing and those proposed, identifying type and size of materials.

         (6)   Written statements from other applicable jurisdictions such as the FAA regarding coloring and potential lighting requirements. In addition, a copy of the FAA’s response to the submitted “Notice of Proposed Construction or Alteration” must be submitted.

         (7)   A statement by the applicant as to whether construction of the tower/facility will accommodate co-location of additional antennas for future users and documentation regarding the standards for co-located established in the Ordinance.

         (8)   Identification of all other tower/facility sites owned and/or operated by the applicant within Story County.

         (9)   Elevations showing all facades, indicating exterior materials and color of the tower/facility on the proposed site.

         (10)   Copy of the signed lease agreement with the property owner.

         (11)   Submittal of search rings established for the proposed communication tower and affidavit that the applicant made diligent, but unsuccessful efforts for permission to install or co-locate the applicant’s wireless communications facilities on all existing towers or other antenna support structures located within an area equal to 100 percent of the search ring for the proposed site of the wireless communications facility.

   5.   Bed and Breakfast Inns.

      A.   Accommodations must be in the family home in which the host/hostess reside.

      B.   There shall be no separate or additional kitchen facility for the guests.

      C.   A guest register shall be maintained of all guests, their length of stay and their place of residence.

      D.   At least one person not a member of the family thereby residing may be regularly employed on the premises in addition to the proprietor, with no more than one person per 15 customers, as determined by the seating capacity of the dining room. In the case of single-person households, one person in addition to the above may be employed on the premises.

      E.   Limited services to the public such as receptions, private parties, meetings and similar events may be provided by appointment only. All parking for such events shall be restricted to approved, designated off-street parking spaces. Breakfast shall be served only to residents and overnight guests. Lunch and dinner may be served to the public, by reservation only, but is restricted to available seating not reserved by residents or overnight guests. Maximum seating capacity for meals shall not exceed four persons per guest bedroom. Only one shift per meal shall be served.

   6.   Commercial WECS (C-WECS). The requirements of the Ordinance shall apply to all C-WECS proposed after the effective date of the Ordinance. C-WECS for which a required permit has been properly issued prior to the effective date of the Ordinance shall not be required to meet the requirements of the Ordinance; provided, any such pre-existing C-WECS, which does not provide energy for a continuous period of 12 months, shall meet the requirements of the Ordinance prior to recommencing production of energy. Also, no modification or alteration to an existing C-WECS shall be allowed without full compliance with the Ordinance.

      A.   Color and Finish. Wind Turbines shall be painted a non-reflective color. Blades may be black in order to facilitate de-icing. Finishes shall be matte or non-reflective. At C-WECS sites, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the C-WECS to the natural setting and existing environment. Exceptions may be made for meteorological towers, where concerns exist relative to aerial spray applicators.

      B.   Tower Configuration. All wind turbines, which are part of a C-WECS, shall be installed with a tubular, monopole type tower. Meteorological towers may be guyed.

      C.   Lighting. C-WECS sites shall not be artificially lighted, except to the extent required by the FAA or other applicable authority. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided. Exceptions may be made for meteorological towers, where concerns exist relative to aerial spray applicators.

      D.   Signage. All signage on site shall comply with Section 89.02 of these regulations. The manufacturer’s or owner’s company name and/or logo may be placed upon the compartment containing the electrical generator, of the WECS. Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the C-WECS sites.

      E.   Feeder Lines. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a C-WECS shall be buried.

      F.   Waste Disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site in a time period as established by the Story County Health Department and disposed of in accordance with all applicable local, State and federal regulations.

      G.   Minimum Ground Clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 75 feet.

      H.   Signal Interference. The applicant shall minimize and mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by any C-WECS.

      I.   Federal Aviation Administration. All C-WECS shall comply with FAA standards and permits.

      J.   Electrical Codes and Standards. All C-WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.

      K.   Setbacks. The following setbacks and separation requirements shall apply to all wind turbines and meteorological towers; provided that the Board of Adjustment, upon recommendation by the Commission, may reduce the standard setbacks and separation requirements if the intent of the Ordinance would be better served thereby. All other structures shall comply with the applicable setbacks as defined by the base zone district.

         (1)   Structures. Each wind turbine and meteorological tower shall be set back from the nearest residence, school, hospital, church, or public library a distance no less than the greater of: (i) two times its total height; or (ii) 1,000 feet.

         (2)   Property Lines. At no time shall any part of the wind turbine and meteorological tower overhang an adjoining property without securing appropriate easements from adjoining property owners.

         (3)   Public Right-of-Way. Setbacks from public right-of-way, railroads, power lines, and structures shall be a minimum of 1.1 times the height of the tower and rotor.

         (4)   Communication and Electrical Lines. Each wind turbine and meteorological tower shall be set back from the nearest above-ground public electric power line or telephone line a distance no less than 1.1 times its total height, determined from the existing power line or telephone line.

      L.   Noise. Audible noise due to C-WECS sites operations shall not exceed 60 dBA for any period of time, when measured at any dwelling, school, hospital, church, or public library existing on the date of approval of any conditional use permit from the property line.

         (1)   In the event audible noise due to C-WECS operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in this subsection shall be reduced by five dBA.

         (2)   In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is succeeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public libraries. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 mph at the ambient noise measurement location.

         (3)   In the event the noise levels resulting from the C-WECS exceed the criteria listed above, a waiver to said levels may be granted by the Board of Adjustment upon recommendation by the Commission provided that the following has been accomplished:

            a.   Written consent from the affected property owners has been obtained stating that they are aware of the C-WECS and the noise limitations imposed by the Ordinance, and that consent is granted to allow noise levels to exceed the maximum limits otherwise allowed; and

            b.   If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent noise impact easement shall be recorded in the Office of the Story County Recorder which describes the burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those permitted by the Ordinance may exist on or at the burdened property.

      M.   Safety.

         (1)   All wiring between wind turbines and the C-WECS substation shall be underground. If the developer can demonstrate the need for an overhead line and the acceptance of landowners for this line, such option may be approved conditionally by the Board of Adjustment

         (2)   Wind turbines and meteorological towers shall not be climbable up to 15 feet above ground level.

         (3)   All access doors to wind turbines and meteorological towers and electrical equipment shall be locked when not being serviced.

         (4)   Appropriate warning signage shall be placed on wind turbine towers, electrical equipment, and C-WECS entrances.

         (5)   For all C-WECS, the manufacturer’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the C-WECS is within accepted professional standards, given local soil and climate conditions.

         (6)   For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of eight feet above the ground. Visible fencing shall be installed around anchor points of guy wires. The property owner must sign a notarized acknowledgement and consent form allowing construction of the turbine and guyed wires without fencing as required in the Ordinance to be presented to the Commission and Board of Adjustment.

      N.   Discontinuation and Decommissioning. A C-WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Director outlining the steps and schedule for returning the C-WECS to service. All C-WECS and accessory facilities shall be removed to four feet below ground level within 180 days of the discontinuation of use. Each C-WECS shall have a decommissioning plan outlining the anticipated means and cost of removing C-WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a professional engineer licensed in the State of Iowa. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the C-WECS and accessory facilities. The County reserves the right to verify that adequate decommissioning terms are contained in the landowner easement.

         (1)   The applicant shall submit a copy of the commissioning plan to all property owners within the Conditional Use Permit area. The property owners shall provide the County a signed affidavit stating their awareness and responsibility of decommissioning costs.

         (2)   Decommissioning Fund. The applicant shall continuously maintain a financial assurance mechanism in the form of a performance bond and/or other security approved by the County Attorney, for the period of the life of the facility. The amount of the security shall be 130 percent of the total decommissioning cost identified in the decommissioning plan, as amended by the Board of Adjustment. The financial assurance mechanism must ensure that funds will be available upon discontinuation and shall not include the future value, if any, of scrap. If a bond is posted to meet this requirement, the bond-issuing company must be agreed upon by both the applicant and County. All decommissioning, removal and remediation fund requirements shall be fully funded before a zoning permit is issued. The County shall have sole discretion with regard to the determination of the mode of financial assurance.

      O.   Avoidance and Mitigation of Damages to Public Infrastructure.

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

         (2)   Existing Road Conditions. Applicant shall conduct a pre-construction survey, in coordination with the impacted local road authority to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility. The applicant is responsible for on-going road maintenance and dust control measures identified by the Story County Engineer during all phases of construction.

         (3)   Drainage System. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the C-WECS.

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

      P.   Shadow Flicker. Shadow flicker shall be limited to a maximum exposure of 30 hours per year and actual exposure of 10 hour per year when measured at any dwelling, school, hospital, church or public library existing on the date of approval of any conditional use permit from any turbine. In the event that a turbine is proposed to be sited within 10 times the rotor diameter of a turbine from any of these structures, a shadow flicker analysis shall be required demonstrating conformance to this requirement. In the event shadow flicker exposure time resulting from a C-WECS exceeds the criteria listed herein, a waiver to said levels may be granted by the Board of Adjustment upon recommendation by the Commission, provided that the following has been accomplished:

         (1)   Written consent from the affected property owners has been obtained stating they are aware of the C-WECS and the shadow flicker limitations imposed by the Ordinance, its adverse health effects, and that consent is granted to allow shadow levels to exceed the maximum limits otherwise allowed.

         (2)   If the applicant wishes the waiver to apply to succeeding owners of the property, and permanent shadow flicker impact easement shall be recorded in the Office of the Story County Recorder which describes the burdened properties and which advises all subsequent owners of the burdened property that shadow flicker is in excess of those permitted by the Ordinance may exist on or at the burdened property, and its potential adverse health effects.

      Q.   Submittal Requirements. In addition to the submittal requirements defined for conditional use permit applications, all applications for C-WECS must submit the following information (as applicable).

         (1)   The names of project applicant.

         (2)   The name of the project owner.

         (3)   The legal description and address of the project.

         (4)   A description of the project, including number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines, and means of interconnecting with the electrical grid.

         (5)   Site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The site layout shall include distances and be drawn to scale.

         (6)   Engineer’s certification as required in these supplemental standards.

         (7)   Documentation of land ownership or legal control of the property.

         (8)   The latitude and longitude of individual wind turbines.

         (9)   A USGS topographical map, or map with similar data, of the property and surrounding area, including any other C-WECS within 10 rotor diameters of the proposed C-WECS.

         (10)   Existing Resources Inventory.

         (11)   An Acoustical analysis.

         (12)   FAA Permit Application.

         (13)   Location of all known communications towers/facilities within two miles of the proposed C-WECS.

         (14)   Decommissioning Plan.

         (15)   Description of potential impacts on all nearby C-WECS and non C-WECS and wind resources on adjacent properties.

         (16)   Identification of significant migratory patterns and nesting areas for birds within two miles.

         (17)   Shadow Flicker Analysis.

   7.   Adult Bookstores and Adult Establishments or Cabarets. These uses shall not be located within 1,320 feet of each other, or any public or parochial school, licensed day care facility, church, public park, planned residential land use, residential district or any dwelling (measurements shall be from property line to property line). All building openings (entries, windows) shall be covered in a way to prevent view into the interior of the building from any public right-of-way.

   8.   Commercial – Solar Energy Systems (C-SES). The requirements of the Ordinance shall apply to all C-SES proposed after the effective date of the Ordinance, as amended. Any C-SES for which a required permit has been properly issued prior to the effective date of the Ordinance shall not be required to meet the requirements of the Ordinance; provided that any such pre-existing C-SES, which does not provide energy for a continuous period of 12 months, shall meet the requirements of the Ordinance prior to recommencing production of energy. Concentrated solar power (CSP) systems shall be prohibited.

      A.   Height. Ground-mounted solar energy devices or a combination of devices comprising a C-SES shall not exceed the maximum height as defined by the base zone district when oriented at maximum tilt.

      B.   Setbacks and Separation Requirements. The following setbacks and separation requirements shall apply to any ground-mounted solar energy device or combination of devices comprising a C-SES:

         (1)   Structures. Setbacks from the nearest residence, school, hospital, church, public library, or similar institutional use shall be 100 feet or greater.

         (2)   Property Lines. Setbacks from property lines shall be 1.1 times the height of the tallest component of the C-SES or comply with the applicable base zone district, whichever is greater.

            a.   At no time shall any part of the ground-mounted solar energy device or combination of devices comprising a C-SES overhang an adjoining property without securing appropriate easements from adjoining property owners.

            b.   Greater setbacks may be required by the Board of Adjustment absent a solar access easement agreement.

         (3)   Public Right-of-Way. Setbacks from public right-of-way shall comply with the applicable setbacks as defined by the base zone district.

      C.   Glare. Solar energy devices must be constructed to minimize glare or reflections to adjacent properties and roadways and must not interfere with traffic, including air traffic, or create a safety hazard.

      D.   Ground Cover and Buffer Areas. Perennial vegetative ground cover shall be planted on the ground around and under solar arrays and in project site buffer areas, and the ground shall meet the following standards:

         (1)   Top soils shall not be removed from the site during development unless the removal is part of a remediation effort pre-defined and approved through the Conditional Use Permit.

         (2)   Soils shall be planted and maintained in perennial vegetation in accordance with sub-paragraph 3 below to prevent erosion, manage run-off, and build soil.

         (3)   Seed mixes and maintenance practices must be approved by Story County Conservation prior to action by the Board of Adjustment.

      E.   Fencing. Ground-mounted solar energy device or combination of devices comprising a C-SES shall be enclosed by perimeter fencing at a height of eight feet to restrict unauthorized access. Security fences and gates must be maintained in good condition until the site is decommissioned.

      F.   Signage. No signs other than appropriate warning signs, or standard manufacturers’, operators’, or installers’ identification signage, shall be displayed.

      G.   Approved Solar Components. Electric solar system components must have a UL (Underwriters Laboratories Inc.) listing.

      H.   Compliance with Applicable Codes.

         (1)   State Building Code. All active C-SES shall meet all requirements of the current State Building Code.

         (2)   National Electric Code. All C-SES shall comply with the National Electrical Code, current edition.

      I.   Underground Installation of Utilities. On-site power lines and utility connections shall be placed underground.

      J.   Lighting. C-SES shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

      K.   Utility Notification. C-SES shall not be approved by the Board of Adjustment until evidence has been given to Story County that the electric utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

      L.   Discontinuation and Decommissioning. C-SES shall be considered discontinued after one year without energy production, unless a plan is developed and submitted to the Director outlining the steps and schedule for returning the C-SES to service.

         (1)   Removal Requirements. Any C-SES which has reached the end of its useful life or has been determined to be discontinued pursuant to this section shall be decommissioned and removed within 180 days of the discontinuation of use.

         (2)   Decommissioning shall consist of:

            a.   Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

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

            c.   Stabilization or re-vegetation of the site as necessary to minimize erosion. The Director may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

         (3)   Decommissioning Plan and Financial Surety.

            a.   C-SES shall have a decommissioning plan outlining the anticipated means and costs of removing the C-SES at the end of its serviceable life or upon becoming discontinued.

            b.   The decommissioning plan shall identify financial resources that will be available to pay for decommissioning and removal of C-SES.

            c.   The applicant shall continuously maintain a financial assurance mechanism in the form of a performance bond and/or other security approved by the County Attorney, for the period of the life of the facility. The amount of the security shall be 130 percent of the total decommissioning cost identified in the decommissioning plan. The financial assurance mechanism must ensure that funds will be available upon discontinuation and shall not include the future value, if any, of scrap. If a bond is posted to meet this requirement, the bond issuing company must be agreed upon by both the applicant and County. All decommissioning, removal and remediation fund requirements shall be fully funded before a zoning permit is issued. The County shall have sole discretion with regard to the determination of the mechanism of financial assurance.

            d.   Property Owner Affidavit. The applicant shall submit a copy of the decommissioning plan to all property owners within the boundaries of the Conditional Use Permit area. The property owners shall provide the County a signed affidavit acknowledging receipt of the plan and their responsibility for decommissioning costs.

      M.   Monitoring and Maintenance. The owner or operator of C-SES shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Internal circulation drives shall be maintained by the owner or operator to a level acceptable to the applicable fire chief and Story County Emergency Management Agency. The owner or operator shall be solely responsible for the cost of maintaining the C-SES and any internal access roads.

      N.   Avoidance and Mitigation of Damages to Public Infrastructure.

         (1)   Roads. Applicants shall identify all roads to be used for the purpose of transporting components and/or equipment for construction, operation or maintenance of the C-SES and obtain applicable weight and size permits from the impacted road authority prior to construction.

         (2)   Existing Road Conditions. Applicant shall conduct a pre-construction survey, in coordination with the impacted local road authority to determine existing road conditions. The pre-construction survey shall include photographs and a written agreement to document the condition of the roads and applicable public facilities. The applicant is responsible for on-going road maintenance and dust control measures identified by the Story County Engineer during all phases of construction.

         (3)   Drainage System. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation, or maintenance of the C-SES.

         (4)   Required Financial Security. The applicant shall be responsible for restoring or paying damages as agreed to by the applicable road authority sufficient to restore the roads and bridges to preconstruction conditions. Financial assurance mechanisms in the form of a performance bond and/or other security approved by the Story County Attorney’s Office shall be submitted to the Planning and Development Department covering 130 percent of the costs of all required improvements prior to final issuance of the conditional use permit by the Board of Adjustment. This requirement may be waived by the Board of Adjustment upon recommendation from the Story County Engineer.

         O.   Submittal Requirements. All C-SES applications must submit the following information in addition to the submittal requirements defined for conditional use permit applications.

            (1)   The names of the project applicants.

            (2)   The names of the project owners.

            (3)   The legal description and address of the project.

            (4)   Site plan showing property lines and physical features, including roads, setbacks, floodplain (if applicable), buildings, solar panels, right-of-way, and zoning district designations for the project site.

            (5)   Pre-construction survey and proposed routes as defined in subparagraph (N)(2) of this subsection.

            (6)   Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

            (7)   Number, location, and spacing of solar panels/arrays.

            (8)   Proposed locations of underground or overhead electric lines.

            (9)   Project development timeline.

            (10)   Existing Resources Inventory as defined in Chapter 85.

            (11)   Certification of structural and electrical compliance with the National Electrical Code by an Iowa-licensed engineer or architect, including one or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices in accordance with subparagraph (H)(2) of this subsection.

            (12)   Certification of compliance with subparagraph (H)(1) of this subsection by an Iowa-licensed engineer or architect.

            (13)   Manufacturer’s documentation of the major system components to be used, including the PV panels, mounting system, and inverter.

            (14)   Documentation of actual or prospective access and traffic control of the project site.

            (15)   Interconnection agreement.

            (16)   Operation and maintenance plan of the C-SES, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operation and maintenance of the installation.

            (17)   Proof of liability insurance.

            (18)   Emergency services plan, including (but not limited to) the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation.

            (19)   Decommissioning plan in accordance with subparagraph (L)(3) of this subsection.

            (20)   Letters of financial security as defined in subparagraphs (L)(3) and (N)(4) of this subsection.

            (21)   Property owner affidavit as defined in subparagraph (L)(3)(d) of this subsection.

   9.   Adaptive Reuse. The renovation and remodeling of structures on the National Register of Historic Places for adaptive reuse may not destroy or obscure essential architectural features. In addition, such architectural features must be enhanced to the extent that it is feasible and prudent to do so.

   10.   Semi, Tractor, Trailer, and RV Repair and Service Garages.

      A.   Abandonment. A statement in writing shall be provided by the owner, to become part of the public record, that the area will be cleaned up to the satisfaction of the Director and meet all applicable County, State, and Federal requirements at such time the Repair and Service Garage is abandoned, or moved in whole or in part. A Repair and Service Garage that remains idle or unused for a continuous period of one year, whether or not fixtures or equipment are removed, shall constitute abandonment. The casual, intermittent, temporary, or illegal operation of a Repair and Service Garage shall not be sufficient evidence to establish continuous use.

      B.   Residential Envelope. A residential envelope shall be provided which shall extend 50 feet from the side and rear lines of the principal residential building and which shall extend from the front line of the principal residential building to the required front yard line. Accessory buildings that are attached or connected to a principal residential building shall be considered a part of such principal building. The required yard may serve as the required envelope, and in such cases, regulations concerning required yards shall govern. In no instance shall the Repair and Service Garage and associated activities infringe on the residential envelope.

      C.   Area. Minimum lot area requirements shall be in accordance with all applicable district regulations for single-family dwellings. The area to be confined for the Repair and Service Garage shall not exceed five acres.

      D.   Distance Standards. A Conditional Use Permit for a tractor, trailer, or RV Repair and Service Garage may not be issued for a proposed location within a five-mile radius of any other lawfully existing tractor, trailer, or RV Repair and Service Garage in Story County. Also, such a permit may not be issued for a proposed location within 1,000 feet of the Greenbelt-Conservation District.

      E.   Unreasonable dust from gravel drives, parking areas, or from excess traffic on County roads due to the tractor, trailer, or RV Repair and Service Garage will not impact neighboring properties.

      F.   Dust Control Plan. A dust control plan, if determined to be necessary, following Section 90.04(1)(F), shall be submitted with the Conditional Use Permit application.

      G.   Liability Insurance. The operator shall submit a certificate evidencing liability insurance with the Conditional Use Permit application. All certificates of insurance shall provide that the County must be given 30 days' written notice of cancellation of insurance or ceasing of operations.

      H.   Stabilization or re-vegetation of the site as necessary to minimize erosion. The Director may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

      I.   Disposal of all solid and hazardous waste in accordance with local, State, and federal waste disposal regulations. All hazardous chemicals or substances and amounts shall be disclosed as part of the permit application. The application may be routed to the applicable fire chief to ensure neighboring properties shall be adequately safeguarded from fire or other hazards posed.

      J.   911 address shall be posted for the conditional use permit.

      K.   Hours of operation shall meet compatibility criteria and the total estimated amount of all daily vehicle traffic from workers, visitors, and service vehicles shall meet traffic criteria set forth in Section 90.04, Standards for Approval.

      L.   Sanitary Facilities Plan. The applicant shall develop a plan in conjunction with the County Environmental Health Department for the provision of sanitary facilities and submit the plan with the Conditional Use Permit application.

      M.   It shall not be objectionable to its surroundings due to nuisance factors such as exterior appearance, the emission of odor, gas, dust, smoke, noise, or in any other way. Emissions of odor, gas, dust, smoke, noise, or other nuisance factors shall not be detectable at the property lines.

      N.   Screening Requirements. The owner shall submit a screening plan, which shall integrate that screen with the natural surroundings and assure reasonable access to the screen for maintenance purposes. The screening plan shall include the following:

         (1)   Screening shall be designed to eliminate the visual impact of the use by obscuring it from view from adjacent roadways and, as appropriate, adjacent property.

         (2)   Screening materials shall generally consist of natural objects, plantings, fences or other appropriate means such as storage sheds, buildings and other similar elements.

            a.   Natural objects shall be earthen berms, natural topography, wooded areas or other similar elements.

            b.   Plantings shall be shrubs and trees of such types as to provide year-round obscurement commensurate with local site conditions. All plant material used for screening shall be of a size and quantity to provide obscurement.

            c.   Screens shall be made of wood, metal, or other materials commonly used in the building trade and shall be of such height and type, in accordance with permissible district regulations, as necessary to provide obscurement. Screens shall be designed to withstand a minimum wind load of 20 pounds per square foot and shall be of a permanent nature. All materials used for finishing screens shall be a non-reflective material which will blend with the natural surroundings. Screening shall not be placed in any manner so that either the screen or the maintenance of the screen will create or contribute to the creation of a safety hazard or endanger public safety or interfere with road maintenance.

         (3)   The owner shall maintain the screening in a condition equal to the original installation of the screening. Maintenance shall include, but not be limited to, the following items:

            a.   Replacement of plant material that is dead or has been damaged so that it no longer serves the intended purpose of screening the tractor, trailer, or RV Repair and Service Garage.

            b.   Screen maintenance shall include the renewal of the surface treatment with stains, paints, or other appropriate material when needed and the replacement of panels, sections, members or support structures of the screening when needed.

      O.   Confinement of Repair and Service Garage. No use shall be permitted within any required yard or envelope. No portion of the front yard or front envelope shall be used for the conduct of business in any manner.

      P.   Use shall be subject to submitting a Commercial Site Plan in conformance with Chapter 88.

      Q.   If the property contains another use established on the property, at least two (2) acres (minimum) are required for the Repair and Service Garage to allow for adequate screening and protection of any critical natural resources that may be on the property.

      R. If access to the Repair and Service Garage is from a shared driveway, the Repair and Service Garage use requires either a dedicated access easement at least 50' in width or a dedicated driveway.

      S.   The Repair and Service Garage use shall not create traffic or delivery concerns in the immediate area. If all activities that generate traffic (client, employee, and delivery) result in a 50% increase to average daily traffic counts for the roadway, an application shall be submitted to request the property be rezoned to the C-LI - Commercial/Light Industrial District.

   1.   Stage One – Evidence Concerning Feasibility.

      A.   Description of the character and thickness of the mineral deposit.

      B.   Boring logs – composition of sand and gravel.

      C.   Average depth of overburden to be redistributed.

   2.   Stage One – Site and Operational Analysis.

      A.   Site.

         (1)   Location of site – county, section and township.

         (2)   Property line survey.

         (3)   Easements and rights-of-way.

         (4)   Aerial photo.

         (5)   Zoning and land use maps.

         (6)   Existing land use (adjacent and in general area of the site).

         (7)   Access and transportation arteries (indicate types of surface).

         (8)   Development trends (patterns of expansion) of adjacent land uses.

      B.   Description of Environment.

         (1)   Contour maps (two feet or five feet contour intervals).

         (2)   Soils data.

         (3)   Existing ground cover and location of any wooded area.

         (4)   Relationship of site to surrounding terrain.

         (5)   Special surface or subsurface geologic features such as streams, rock out-croppings, etc.

         (6)   Views into site.

         (7)   Areas of most probable visual conflict.

         (1)   Depth of topsoil and overburden.

         (2)   Deposit depth and outline.

         (3)   Percentage of waste sand.

         (4)   Depth, outline and type of un-mineable material.

         (5)   Groundwater elevation (normal).

         (6)   Groundwater flow and character.

      D.   Equipment and Operational Procedures.

         (1)   Type of excavating equipment.

         (2)   Type of transporting equipment.

         (3)   Processing plant layout, including stockpiles (diagrammatic).

         (4)   Anticipated general excavation patterns.

         (5)   Location of settling ponds (if any).

      E.   Review of Historical/Archaeological Features on Site.

      F.   Assessment of Wildlife and Possible Impacts from Proposed Operation.

   3.   Stage One – Extraction/Rehabilitation Plan; Conceptual Sketch Plan and Narrative.

      A.   Layout major excavation and rehabilitation pattern (to include):

         (1)   Establish high and low points.

         (2)   Stockpiling method and locations.

         (3)   Handling of topsoil (preservation and re-spreading of topsoil) and possible effects on change in soil composition.

         (4)   Staged method of restoration.

         (5)   Proposed land features.

         (6)   Drives, access and traffic generation.

         (7)   Setbacks (minimum 50 feet from all property lines).

         (8)   Fences.

         (9)   Outline measures to be taken for noise, dust, erosion control and protection of wildlife habitat.

         (10)   Permanent man-made features to be left on-site.

         (11)   Estimated length of operation.

         (12)   Determine essential screening to reduce inherent conflicts.

         (13)   Future land use alternatives.

      B.   Brief discussion considering impact of proposed operations on surrounding land areas.

   4.   Stage Two – Detailed Site and Operational Analysis.

      A.   Prepare detailed outline of sand and gravel deposits.

      B.   Determine the volume of material unsuitable for processing.

      C.   Outline area required for processing plant (including stockpiles and handling of topsoil).

      D.   Coordinate Excavation and Development Functions.

         (1)   Review equipment in respect to land forming capabilities.

         (2)   Manipulate the excavation equipment within the scope of its operating patterns.

         (3)   Minimize hauling distance of land forming material.

         (4)   Taking both site and operational characteristics into consideration, develop the specific pattern of excavation that will implement the development of the proposed land forms.

   5.   Stage Two – Detailed Extraction/Rehabilitation Plan.

      A.   Handling and placement of overburden.

      B.   Handling and placement of topsoil.

      C.   Detailed planting and screening plans.

      D.   Detailed grading plan including topography (one- or two-foot contour intervals), drainage, and land form grading.

      E.   Master Plan – illustrates proposed land forms, land uses and basic site features.

   6.   Performance Standards.

      A.   Progressive rehabilitation (excavation and rehabilitation occur simultaneously) will be required for any mineral extraction area.

      B.   Topsoil Requirements.

         (1)   Topsoil is to be preserved and utilized for site rehabilitation.

         (2)   Topsoil to be re-spread to the depth that originally existed.

      C.   Planting and seeding of depleted areas will be implemented as soon as practicable to prevent erosion, as approved by the Planning and Development Director.

      D.   Remove all equipment associated with the industry as soon as excavation is terminated.

      E.   Do not permit the accumulation of debris or abandoned equipment within the pit or on the property.

      F.   Cut slopes will not exceed the normal angle of repose.

         (1)   3:1 maximum slope for mowed banks.

         (2)   2:1 maximum slope for unmowed banks with vegetation cover.

         (3)   4:1 maximum slope for spoil banks.

         (4)   5:1 maximum slope above water line.

         (5)   5:1 maximum slope below water line extended a minimum horizontal of 10 feet into water body for shoreline.

Slope requirements may be changed subject to the approval of the Commission.

      H.   Individual site bonding required for all mineral extraction areas. The developer shall post a bond with the Story County Auditor, which bond will ensure to the County that the restoration for reuse as provided in the approved plan shall be completed by the developer within one year of discontinuance of the extraction activities specified in the approved master plan. The amount of the bond shall not be less than the estimated cost of the restoration. In the event restoration is not completed within the specified time, the County may use the bond or any portion thereof to complete the restoration. Bond requirements may be waived or modified if the applicant can demonstrate that bonding under compliance with Chapter 208 of the Code of Iowa, as amended will be sufficient to ensure restoration of the site as specified in the approved plan.

   1.   Written Narrative. The applicant shall submit a written narrative with the Conditional Use Permit Application, which shall demonstrate the following:

      A.   The agritourism farm promotes the County’s rural character or crop and/or livestock production through value-added agriculture or educational activities.

      B.   The agritourism farm use shall not alter or detract from the primary crop and/or livestock production use.

      C.   The agritourism farm use is accessory in size and operation, and is ancillary to the primary crop and/or livestock production use.

      D.   Existing buildings will be used to their full capacity prior to the construction of new buildings and any proposed new buildings shall not detract from the County’s rural character or the primary crop and/or livestock production use.

      E.   Hours of operation shall meet compatibility criteria and the total estimated amount of all daily vehicle traffic from workers, visitors, and service vehicles shall meet traffic criteria set forth in Section 90.04, Standards for Approval.

      F.   The steps the applicant will take to negate any potential negative impacts on neighboring properties, crop and/or livestock production, or the County’s rural character.

      G.   Unreasonable dust from gravel drives, parking areas, or from excess traffic on County roads due to the agritourism farm will not impact neighboring properties.

   2.   Other Submittals. The applicant shall also submit the following with the Conditional Use Permit Application:

      A.   Dust Control Plan. A dust control plan, if determined to be necessary, following Section 90.04(1)(F), shall be submitted with the Conditional Use Permit application.

      B.   Sanitary Facilities Plan. The applicant shall develop a plan in conjunction with the County Environmental Health Department for the provision of sanitary facilities and submit the plan with the Conditional Use Permit application.

      C.   Overflow Parking Plan. If more visitors are anticipated than the capacity of the primary parking area, a contingency plan for overflow parking shall be submitted with the Conditional Use Permit application, including (but not limited to) the location of overflow parking and location of bus parking, how traffic will be directed (employees, signs, etc.), and if the parking site is suitable for use in inclement weather.

         (1)   Temporary, overflow parking may be located on grass.

         (2)   Overflow parking shall meet all requirements of Section 88.08, Parking and Circulation Standards, and shall be no greater in size than 25 percent of the primary parking area. No parking shall be allowed outside of designated areas, including within the road right-of-way.

      D.   Emergency Plan. An emergency plan shall be submitted with the Conditional Use Permit application that includes, but is not limited to, emergency access routes, location of first aid / automated external defibrillator, plans for fire, weather, missing children / adults, and active shooter or terror incidents.

      E.   Liability Insurance. The operator shall submit a certificate evidencing liability insurance with the Conditional Use Permit application. All certificates of insurance shall provide that the County must be given 30 days’ written notice of cancellation of insurance or ceasing of operations.

      F.   Other Regulations. The agritourism farm must comply with all other applicable local, State or federal Retaliations, including (but not limited to) food service and/or processing requirements.