Van Meter City Zoning Code

   1.   Use of Existing Lots of Record. In any district where dwellings are permitted under the provisions of this chapter, a single-family dwelling may be located on any lot or plot of official record, recorded prior to the effective date of the Zoning Ordinance, irrespective of its area or width, provided, however:

      A.   The sum of the side yard widths of any such lot or plot shall not be less than 30 percent of the width of the lot, with the least side width being a minimum 10 percent of the lot width.

      B.   The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case shall it be less than 20 feet.

   2.   Structures Permitted Above the Height Limit. The building height limitations set forth in prior sections of this chapter shall be modified as follows:

      A.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, tanks, water towers, ornamental towers, spires, radio or television towers, or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereinafter adopted ordinances of the City.

      B.   Public, semi-public, or public service buildings, hospitals, sanatoriums, or schools, where permitted in a district, may be erected to a height not exceeding 45 feet. Churches and temples when permitted in a district may be erected to a height not exceeding 60 feet if the building is set back from each property line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

   3.   Existing Double Frontage Lots. Buildings on through lots and extending from street to street shall provide the required front yard on both streets.

   4.   Computation of Rear and Side Yards.  In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens onto an alley, one-half of such alley may be assumed to be a portion of the yard.

   5.   Additional Yard Exceptions. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for ordinary projections not to exceed 24 inches, including roof overhang. In areas where some lots are developed with a front yard that is less than the minimum required for the district by this chapter or where some lots have been developed with a front yard greater than required by this chapter, the following rule shall apply: Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of 200 feet measured from building to building, except as follows:

      A.   Building located entirely on the rear half of a lot shall not be counted.

      B.   No building shall be required to have a front yard greater than 50 feet.

      C.   If no building exists on one side of the lot within 200 feet, the minimum front yard shall be the same as that for the building on the other side.

   6.   Zoning of Annexed Areas. Any land annexed to the City after the effective date of the Zoning Ordinance shall be zoned an A District until the Commission and Council shall have studied the area and adopted a final zoning plan for the area in accordance with procedures set forth in this chapter. The final zoning plan shall be adopted within three months of date of annexation.

   7.   Special Use Permits.

      A.   The Council may, by special permit, after public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this chapter. Notice of time and place of hearing shall be given to all persons owning and/or occupying property within 200 feet, excluding public right-of-way, of the proposed location at least 15 days in advance of hearing by special delivery letter, and to the remaining affected property owners at least 15 days prior to the hearing by placing notices in a paper of general circulation in the City.

         (1)   Any public building erected and used by any department of the City, Township, County, State or federal government.

         (2)   Airport or landing field.

         (3)   Community building or recreation field.

         (4)   Hospitals, non-profit fraternal institutions provided they are used solely for fraternal purposes, and institutions of an education, religious, philanthropic, or eleemosynary character, provided that the building shall be set back from all yard lines such distance as may be required by the City Council in said special use permit.

         (5)   Pre-schools.

         (6)   Public cemetery.

         (7)   Barber shop or salon.

         (8)   Bed and Breakfast or Recreation Lodge. “Bed and breakfast” means a single- or two-family residential dwelling which is owner occupied and operated and provides lodging with meals for compensation for a period not to exceed two weeks and which rents out no more than three guest rooms, with no more than two beds in each room. “Recreation lodge” means a building or establishment containing no more than three guest rooms where short term sleeping accommodation (not to exceed two weeks), or day use for indoor recreation events, with or without meals, are provided for compensation.

      B.   In the case of a barber shop or salon, the permit shall not be considered in the event the barber shop or salon employs or retains as an independent contractor, or shareholder any person other than the owner, joint-tenant, or tenant-in-common of the dwelling. In the case of a salon, the use permit shall be renewed on an annual basis at an annual cost of $45.00. The special use permit is renewable only upon proof of the salon’s license renewal on an annual basis. The special use permit is renewable for a barber shop on a biennial basis upon proof of the barber shop's license renewal at a cost of $90.00 per biennium.

      C.   Before issuance of any special permit for any of the above buildings or uses, the Council shall refer the proposed application to the Commission, which shall be given 45 days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Commission has been filed, provided, however, that if no report is received from the Commission within 45 days, it shall be assumed that approval of the application has been given by the said Commission. Prior to the issuance of the special use permit by the City Clerk, the applicant shall pay the actual costs of publication and postage expenses incurred for the notices required by this section.

      D.   The special permit shall not be transferable to any subsequent or substitute owner. Further, the special permit issued may include time limits, and other conditions or safeguards deemed necessary or appropriate by the City Council. Violations of any of the conditions or safeguards herein shall be deemed a violation of this chapter and punishable under the provisions of this chapter. In addition, the special permit in connection with such violation shall be subject to revocation by the City Council.

   8.   Area Requirements. In any R district, where public water supply and public sanitary sewer is not accessible, the minimum lot area and frontage requirements shall be determined by the Council, in keeping with the general objectives of this chapter. In no case shall the minimum lot area be less than 20,000 square feet.

   9.   Solar Energy Systems/Solar Panels.

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

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

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

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

         (3)   “Small solar energy system (SSES)” means a solar energy system that has a nameplate rated capacity of up to fifteen kilowatts in electrical energy or fifty kBtu of thermal energy for residential uses and that is incidental and subordinate to a principal use on the parcel. A system is considered an SSES only if it supplies electrical power or thermal energy solely for use by the owner on the site, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed by the owner for on-site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended from time to time.

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

         (5)   “Solar energy system, building mounted” means a SES that is securely fastened to any portion of a building roof, whether attached directly to a principal or accessory building.

         (6)   “Total system height for building mounted system” means the height above roof surface measured perpendicular to the roof specific to the installation on a sloped roof or the height above the roof surface to the installation on a flat roof.

         (7).   “Off-grid” means an electrical system that is not connected to a utility disruption grid.

         (8)   “Solar access” means a property owner’s right to have sunlight shine on his land.

         (9)   “Solar energy” means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

         (10)   “Utility scale solar energy system” means a solar energy system that supplies electrical power or thermal energy solely for use by off-site consumers.

         (11)   “Kilowatt (kW)” is equal to 1,000 watts.

         (12)   “Watt (W)” is the International System of Units’ standard unit of power, the equivalent of one (1) joule per second.

         (13)   “(kBtu)” means kilo (thousand) British thermal units, a common unit of energy management.

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

         (1)   A building integrated system is allowed in any zone.

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

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

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

         (5)   Off grid solar energy systems are not allowed.

      D.   Requirements for Construction or Installation.

         (1)   Interconnection Agreement. In order to install and construct any SES, the owner or operator is required to complete the Interconnection Agreement and submit to the City of Van Meter.

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

            a   A site plan drawn to scale showing the following:

               i.   Existing structures on the lot;

               ii.   Proposed system location;

               iii.   Property lines;

               iv.   Setbacks of existing and proposed structures;

               v.   Right-of-ways and easements; and

               vi.   Utility diagram applicable to proposed system.

            b.   Elevation views and dimensions.

            c.   Manufacturer’s photographs.

            d.   Manufacturer’s spec sheet including capacity.

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

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

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

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

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

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

         (6)   Lighting. No lighting other than required safety light or indicators shall be installed on the SES.

         (7)   Signature. No advertising or signage other than the manufacturer’s identification logo and signage as required by applicable building codes and electrical codes.

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

         (9)   Displacement of Parking Prohibited. The location of the SES shall not result in the net loss of minimum required parking.

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

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

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

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

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

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

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

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

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

         (19)   Bulk Regulations.

            a.   Location.

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

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

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

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

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

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

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

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

               iii.   Building Mounted SES.

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

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

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

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

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

               iv.   Building Integrated SES.

                  (a)   No setback required.

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

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

            b.   Height.

               i.   Building Mounted SES.

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

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

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

            c.   Size.

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

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

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

      E.   PROHIBITED.

         (1)   Ground-mounted solar panels and ground-mounted solar arrays are prohibited in all zoning districts.