West Des Moines City Zoning Code

CHAPTER 14

ACCESSORY STRUCTURES

9-14-1: TITLE:

This chapter shall be known and may be cited and referred to as the WEST DES MOINES ACCESSORY STRUCTURES ORDINANCE. (Ord. 1354, 3-22-1999)

9-14-2: PURPOSE AND SCOPE:

The purpose of this chapter is to provide standards for the placement and construction of accessory structures and buildings for the conservation and protection of property; the assurance of safety, security, and privacy; and the improvement of the visual environment, including the provision of an orderly appearance in keeping with neighborhood character; and to facilitate the implementation and operation of a use within a parcel. (Ord. 1354, 3-22-1999; amd. Ord. 2540, 9-19-2022)

9-14-3: INTERPRETATIONS:

Where any accessory structure or building is not specifically identified in this chapter, the Director of Development Services shall review the accessory structure or building when requested to do so and based on the characteristics of the proposed accessory structure or building, determine the appropriate standards to regulate said accessory structure or building.

Should any aggrieved individual or firm wish to appeal the decision of the Director, a written request, along with the appropriate fee, shall be received and stamped filed by the Development Services Department within a period of ten (10) business days following the Director's decision. Within thirty (30) days of receiving such a request, the Director shall schedule a hearing before the Board of Adjustment to review and render a decision on said appeal. The decision of the Board of Adjustment is appealable to the District Court. (Ord. 1354, 3-22-1999; amd. Ord. 2527, 7-5-2022; Ord. 2540, 9-19-2022)

9-14-4: CONFLICTING REGULATIONS:

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern and prevail. (Ord. 1354, 3-22-1999)

9-14-5: GENERAL PROVISIONS:

The following provisions shall apply to all accessory structures or buildings located in any zoning district. Specific requirements related to a particular use and accessory structures or buildings to support a use may be outlined elsewhere in this title.

A. Permits: It shall be unlawful for any person to construct, alter, or relocate any accessory structure or building within the City without first obtaining the appropriate permits as required by this Code.

B. Types: Accessory structure and building types include, but are not limited to the structures and buildings as outlined in table 14.1 of this subsection. This table applies only when the purpose of the structure, equipment or building is considered accessory to the primary use permitted on the property.

TABLE 14.1
ACCESSORY STRUCTURE OR BUILDING TYPES

Agricultural or animal keeping:
Greenhouse, hoop house (temporary)	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Greenhouse, hoop house (temporary)	See section 9-14-6 of this chapter for accessory building regulations
Structures or buildings for animal keeping	See ‘Notes’ with 9-5-8 C. Table 5.2 and 9-6-6 C. Table 6.1
Structures or buildings for animal keeping	See section 9-14-6 of this chapter for accessory building regulations pertaining to dog runs, dog pens and housing
Communication equipment and structures:
All elements associated with communication towers are considered principal structures. See section 9-10-4 of this title for specific use and screening regulations related to communication towers. See chapter 7 of this title for setback and bulk density regulations for principal structures
Display:
Flag poles	See section 9-14-15 of this chapter
Scoreboards	See section 9-10-4 of this title for specific use regulations related to recreational facilities
Energy generating systems:
Small wind energy conversion systems	See section 9-14-13 of this chapter
Solar energy systems - ground and building mounted	See section 9-14-14 of this chapter
	See section 9-10-4 of this title for specific use regulations related to screening of ground mounted solar energy systems
	See chapter 7 of this title for setback and bulk density regulations for accessory structures related to ground mounted solar energy systems
Fences and walls:
Fences or walls	See section 9-14-11 of this chapter for fence and wall standards
	See chapter 19 of this title for fence and wall provisions related to landscaping and screening
	See Chapter 10 for fence provisions related to Recreational Facilities
Retaining walls	See section 9-14-12 of this chapter for retaining wall standards
Retaining walls	All retaining walls must meet the standards as outlined in the Building Code for structural design and fall protection
Operation and maintenance:
Electrical or mechanical equipment and related enclosure or shed - does not include equipment related to communication towers or public utilities	See section 9-10-4 of this title for specific use regulations
	See chapter 7 of this title for setback and bulk density regulations for accessory structures
	See section 9-14-6 of this chapter for accessory building regulations
Laundry (for resident use only as part of a multi-family use)	See chapter 7 of this title for setback and bulk density regulations for accessory structures
	See section 9-14-6 of this chapter for accessory building regulations
Maintenance shed or garage	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Maintenance shed or garage	See section 9-14-6 of this chapter for accessory building regulations
Screen fence or wall	See subsection 9-14-11C7 of this chapter for provisions related to screening mechanical equipment
Screen fence or wall	See chapter 19 of this title for fence and wall provisions related to landscaping and screening
Trash enclosures	See section 9-10-4 of this title for specific use regulations related to screening of trash receptacles
Outdoor use areas:
Arbor, trellis, pergola or canopy	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Arbor, trellis, pergola or canopy	See section 9-14-6 of this chapter for accessory building regulations
Decks	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Porches	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Screen rooms, screen porches	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Screen rooms, screen porches	See section 9-14-6 of this chapter for accessory building regulations
Shelters (bus stop, picnic)	See section 9-14-7 of this chapter for bus stop shelter requirements
	See chapter 7 of this title for setback and bulk density regulations for all other shelters
	See section 9-14-6 of this chapter for accessory building regulations
Sunrooms	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Sunrooms	See section 9-14-6 of this chapter for accessory building requirements
Parking structures:
Parking structures, parking ramps and building integrated parking may be considered accessory to the primary use, however due to the large building mass of these structures they must meet the principal structure setbacks designated for the property. See chapter 7 of this title for setback and bulk density regulations for principal structures
Recreation within parcels developed with single-family and medium-density dwellings:
Clubhouse or recreation building (for resident use only as part of a multi-family use)	Clubhouse or recreation buildings may be considered accessory to the primary use, however due to the large building mass of these structures they must meet the principal building setbacks designated for the property
	See chapter 7 of this title for setback and bulk density regulations for principal buildings
Pool house	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Pool house	See section 9-14-6 of this chapter for accessory building regulations
Recreation courts with fence enclosures	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Recreation courts with fence enclosures	See section 9-14-11 of this chapter for fence standards
Swimming pool, spa	See section 9-14-10 of this chapter for swimming pool regulations
Recreation within non-residentially and high density residential zoned parcels:
Buildings for concessions, restrooms, ticket-booths, shelters, maintenance, storage, etc.	See Chapter 10 for setback and bulk density regulations for accessory structures
Fence enclosures for sport courts, fields, ranges, and swimming pools	See Chapter 10 for fence provisions related to Recreational Facilities
Lighting for sport courts, fields, and ranges	See Chapter 10 for provisions when related to Recreational Facilities
Scoreboards	See Chapter 10 for provisions when related to Recreational Facilities
Swimming pool	See Section 10 of this Chapter for swimming pool regulations
Storage structures:
Hoop houses	Not allowed for storage purposes
Motor vehicle storage (garages and carports)	See chapter 7 of this title for setback and bulk density regulations for accessory structures
Motor vehicle storage (garages and carports)	See section 9-14-6 of this chapter for accessory building regulations and specific requirements for carports
Storage buildings and sheds	See chapter 7 of this title for setback and bulk density regulations for accessory structures
	See section 9-14- 6 of this chapter for accessory building regulations
	See Chapter 10 for provisions when related to Recreational Facilities
Transactional:
ATMs and related canopy	See section 9-14-8 of this chapter for ATM requirements
Fuel canister dispensing unit	See section 9-10-4 of this title for specific use regulations for fuel supply systems
Fuel pump, vehicle charging station and related canopy	See section 9-14-9 of this chapter for fuel pump canopy requirements
Fuel pump, vehicle charging station and related canopy	See section 9-10-4 of this title for specific use regulations for fuel supply systems

C. Vision Clearance: With regard to visibility, the following restrictions shall apply:

1. Intersections: No accessory structure shall be located which may obstruct vision between a height of thirty inches (30") and ten feet (10') on any corner lot within a vision triangle of twenty five feet (25') formed by intersecting street right-of-way lines. (See figure #1 of this section.)

2. Driveways: No accessory structure shall be located which may obstruct vision between a height of thirty inches (30") and ten feet (10') on any corner lot within a vision triangle of fifteen feet (15') formed by an intersecting driveway edge (including driveways on adjacent properties) and street right- of-way line. (See figure #2 of this section.)

3. Undeveloped Property: No accessory structure shall be located which may obstruct vision between a height of thirty inches (30") and ten feet (10') on any corner lot within a vision triangle of fifteen feet (15') formed by a street right-of-way line and property line adjoining an undeveloped property. (See figure #3 of this section.)

At such time that the adjoining undeveloped property is developed, modifications which are in compliance with the above provisions may be allowed, subject to approval by the building official.

D. Buffer Parks And Buffer Park Easements: No accessory structure may be allowed to be constructed, built or located within a buffer park or buffer park easement, unless otherwise noted in this title.

E. Unsafe And Unlawful Accessory Structures:

1. Unsafe Accessory Structures: Notwithstanding the provisions of subsection 9-14-11-A3 of this chapter, if the city finds that any accessory structure regulated herein is unsafe, unsecured, or a hazard to the public, notice shall be promptly given to the permittee thereof or to the owner of the premises on which the accessory structure is located. If the permittee or owner fails to remove or alter the structure so as to comply with the standards indicated within the notice, such accessory structure may be removed or altered by the city at the expense of the permittee or owner of the property upon which it is located.

2. Unlawful Accessory Structures: If the city finds that any accessory structure regulated herein has been constructed in violation of the provisions of this chapter, they shall promptly give notice to the owner of the premises on which the accessory structure is located. If the owner fails to remove or alter the structure so as to comply with the standards identified within the notice, such accessory structure may be removed or altered by the city at the expense of the owner of the property upon which it is located. (Ord. 1354, 3-22-1999; amd. Ord. 2248, 9-18-2017; Ord. 2454, 12-7-2020; Ord. 2540, 9-19-2022; Ord. 2570, 7-5-2023)

9-14-6: ACCESSORY BUILDINGS:

A. Accessory buildings shall only be allowed in conjunction with a principal structure, and primary use, to which it relates under the same terms and conditions as the principal structure, and primary use, in any zoning district unless otherwise noted in this title.

B. The design of accessory buildings shall be in keeping with the character of the zoning district they are located within, with comparable architectural design, materials, and details to the principal structure, including compatible roof slope, overhangs, etc. Any metal cladding shall be prefinished and have the appearance of the materials used on the primary building, including orienting horizontally to match typical residential siding. Galvanized metal is prohibited as the exterior finish material.

C. Setbacks for accessory buildings shall comply with all requirements provided elsewhere in this title, unless noted otherwise, including, but not limited, to Chapter 7, Setback and Bulk Density Regulations.

1. Accessory buildings, constructed as part of the principal building, or connected to the principal building by a breezeway or similar structure or constructed within five feet (5') or less of the principal structure, shall be considered an attached accessory building and shall meet the primary building setbacks.

2. Attached accessory buildings that include a roof (such as a covered porch, screen room, sunroom, garage, and carport) will be considered part of the primary building and must meet building setbacks as provided elsewhere in this title, including Chapter 7 of this title.

3. On corner lots, except in situations in which the secondary frontage meets the definition of a street side yard or as noted otherwise, detached accessory buildings shall meet the front yard along each street frontage as required for the principal structure.

4. Driveway and parking areas that lead to accessory buildings, which are utilized by motorized vehicles licensed for use on public roadways, shall be concrete, asphalt, or a similar paved surface. New gravel driveways and parking areas are prohibited.

5. Except for single family zoned or used properties that access a side-load garage from an alley, a parking area that measures a minimum of twenty-five feet (25') in length shall be provided from the street right-of-way line, or curb of a private roadway, or interior edge of a sidewalk or trail, whichever is closer to the building façade and/or garage entry. This setback shall be increased accordingly in length in situations in which the typical vehicles or equipment parked adjacent to the building exceed twenty-five feet (25'). A vehicle parked adjacent to a building shall not extend into and impede either vehicle or pedestrian pathways. This setback minimum shall not preclude other yard setback or easement requirements.

6. All light fixtures mounted on, or in proximity to, accessory buildings or structures shall be downcast or shielded and located to eliminate glare and spillover lighting beyond the property line.

7. In non-residential zoning districts, detached accessory building(s) may only be located in a front yard or placed forward of the front plane of the principal building when the accessory building is consistent in design with an adjacent principal structure on the subject property and visually present as a primary structure. These structures shall emulate the exterior architecture and characteristics of buildings in the specific district in which the facility is located, including four-sided design, materials and colors. One (1) entrance and one (1) exit overhead door shall be allowed. Whenever possible, these features shall not be located on the façade(s) facing a roadway and/or which face residentially zoned or developed property, especially single-family dwellings.

8. Single-family Residential zoning districts:

a. Detached accessory buildings may not be located in a front yard or forward of the main plane of the principal residential dwelling. Street side yards are not considered a front yard.

b. Detached accessory buildings may occupy up to ten percent (10%) of the total lot area in which it is located, except, in RS, R-1, SF-VJ, and SF-CR Zoning Districts and for religious, institutional, or civic uses within residential districts, the square footage for an accessory building, or the combined square footage of all detached accessory buildings on the property, shall not exceed one thousand (1,000) square feet.

c. When the exterior wall parallel to the property line of a detached accessory buildings exceeds eight and one-half feet (8 ½’) in height, including the foundation or retaining wall, or exceeds twenty-four feet (24') in length, that wall shall be set back from the property line a distance equal to the total exterior wall height. This setback minimum shall not preclude other yard setback or easement requirements.

d. Exterior walls of detached accessory buildings shall not exceed twelve feet (12') in height. The wall height shall be measured from existing grade, and the height of retaining walls or the foundation shall be included in the height measurement.

e. The height of detached accessory buildings shall be measured from the maximum roof peak. The height of retaining walls or the foundation shall be included in the height measurement.

f. Existing detached garages with a side or rear yard setback of at least three feet (3'), which meet all of the other provisions of this section, may be repaired or reconstructed with the same setback requirements; however, any additions must meet the current setback requirements.

g. When the vehicle entrance for a garage faces (is parallel to) an alley, the setback from the alley shall be a minimum of twenty feet (20').

h. Carport(s): A carport is considered an accessory building and shall meet the requirements for accessory structures set elsewhere in this title. Carports are not considered enclosed garage space for residential uses.

i. A carport cannot exceed one story in height and must be entirely open on two (2) or more sides except for structural supports.

ii. No enclosed use may be located above a carport.

iii. No other items other than a motor vehicle may be kept in the carport unless those items are kept in an enclosed section of the carport and are not visible from a roadway or adjoining property.

iv. The design of a carport shall be in keeping with the character of the zoning district it is located in, with comparable architectural design, materials and details to the principal structure, including roof slope, overhangs, etc. Fabric materials including tarps are not allowed as a wall or roof material.

v. Exposed metal structure is prohibited. Any metal cladding shall be prefinished and have the appearance of the materials used on the primary building, including orienting metal façade materials horizontally consistent with typical residential siding materials.

i. The following accessory structures: dog runs, dog pens and housing, play sheds, play structures, swing sets, and similar, shall abide by the setback and height provisions for detached accessory buildings. (Ord. 2248, 9-18-2017; amd. Ord. 2391, 12-2-2019; Ord. 2540, 9-19-2022; Ord. 2567, 6-5-2023; Ord. 2622, 8-5-2024)

9-14-7: BUS STOP SHELTERS:

Bus stop shelters may be allowed in all districts subject to receiving approval of a permitted conditional use permit, as defined elsewhere in this title, and the following:

A. One sign on each side of the bus shelter indicating that the shelter is a bus stop and including the logo of the bus company is allowed up to ten inches by twenty four inches (10" x 24") each in size.

B. One (1) 2-sided display ad may be placed on the bus shelter, limited in size to no larger than two feet by three feet (2' x 3').

C. All bus stop shelters shall be located on private property and shall not be located within any vision triangles or otherwise unnecessarily or unsafely obstruct the flow of traffic, as determined by the City. Bus stop shelters shall be set back a minimum of five feet (5') from side and rear property lines, and shall have no minimum setback from the ultimate right-of-way.

D. All shelter walls shall be predominantly translucent.

E. Sidewalks shall be installed to connect the bus stop shelter to the street and adjacent pedestrian walkways.

F. Vandalism, decay, deterioration, or other damage to, unto, on, or around the bus stop shelter shall be cleaned and/or repaired by the shelter owner within forty eight (48) hours of notification by the City.

G. A building permit is required for construction of any bus stop shelters.

H. All power lines connected to a bus shelter must be buried underground. (Ord. 1354, 3-22-1999)

9-14-8: DRIVE-UP AND FREESTANDING AUTOMATED TELLER MACHINES (ATM):

A. Setbacks: Drive-up and freestanding automated teller machines (ATM) shall be set back a minimum of twenty five feet (25') from the ultimate right-of-way, except in PCP zoned areas, which shall be set back a minimum of thirty feet (30') from the ultimate right-of-way.

B. Signage: Any signage displayed on a drive-up or freestanding automated teller machine (ATM) and the housing structure is subject to the requirements of the West Des Moines sign ordinance.

C. Construction: Drive-up and freestanding automated teller machines (ATM) are subject to all other requirements related to the construction and operation of automatic teller machines (ATM) elsewhere in this title. (Ord. 1354, 3-22-1999)

9-14-9: FUEL PUMP ISLANDS AND ISLAND CANOPIES:

In the applicable zoning districts, the installation of fuel pump islands and fuel pump island canopies may be allowed by the City Council following their review and approval through the appropriate development review process as noted in the commercial use matrix 1. See subsection 9-6-6C of this title. 1 of this title, if the petitioner meets the following requirements:

A. Fuel Pumps And Canopies Related To Ultimate Right-Of-Way Setbacks: All fuel pump island canopies shall be set back a minimum of fifty feet (50') from the ultimate right(s)-of-way line as measured to the extreme edge of the canopy. Canopies need to meet the normal side yard and rear yard setbacks for its respective zoning district as set elsewhere in this title under setback and bulk density regulations 2. See chapter 7 of this title.2. Fuel pump canopies in existence prior to the ordinance codified herein will not be made nonconforming by this section.

B. Height: No fuel pump island canopies shall exceed a maximum height of twenty feet (20'), however, all fuel pump island canopies must provide a minimum clearance of fourteen feet (14') to accommodate the overhead clearance required for emergency vehicles.

C. Signage: Any signage displayed on a fuel pump island or fuel pump island canopy is subject to the requirements of the West Des Moines sign ordinance.

D. Lighting: All light fixtures attached to a fuel pump island canopy must be recessed into the canopy with flush mounted lenses and designed to illuminate downward to eliminate glare and spillover lighting beyond the property line.

E. Fuel Pumps: The following table shows the maximum number of fuel pumps allowed per site by zoning district.

	RC	CMC	NC	CVC	SC	VJC	VJHB
Maximum number of fuel pumps allowed per site	12	8	6	6	12	4	4

Note: A "fuel pump" can supply fuel to not more than 2 vehicles at the same time.

RC	Regional Commercial District	CMC	Community Commercial District
NC	Neighborhood Commercial District	CVC	Convenience Commercial District
SC	Support Commercial District	VJC	Valley Junction Commercial District
VJHB	Valley Junction Historic Business District

F. Design standards for fuel pump island canopies are found in title 9, "Zoning", chapter 10, "Performance Standards", section 4-A, "Specific Use Regulations", subsection 29. (Ord. 1354, 3-22-1999; amd. Ord. 2112, 9-8-2015; Ord. 2182, 11-14-2016; Ord. 2307, 6-11-2018; Ord. 2493, 10-4-2021)

9-14-10: SWIMMING POOLS:

A. Setbacks: All swimming pools or spas shall maintain a minimum five foot (5') setback from the side or rear property line and meet the front yard setback as required for the specific zoning district. Setback and separation distances are measured from the pool deck edge, or if there is no pool deck, from the pool edge.

B. Area Occupied: For purposes of calculating the total property or lot area occupied by accessory buildings, the total water surface area of a swimming pool shall not be included in the calculation.

C. Exceptions: The provisions of this chapter shall not apply to the following:

1. Any pond, lake, creek, or other natural occurring bodies of water.

2. Any constructed body of water, similar in nature to a pond, lake, or creek, created for stormwater detention, or other comparable uses, provided it is approved as part of a development permit.

3. Any body of water, not in an artificial container, including decorative landscape pools not used for swimming, wading or similar recreational uses. (Ord. 1354, 3-22-1999; amd. Ord. 2248, 9-18-2017)

9-14-11: FENCES:

The following standards shall apply to all fences and other similar structures built for landscaping or screening purposes in any zoning district unless otherwise provided for a specific zoning district:

A. Fences:

1. Materials Permitted; With the exception of temporary fences as provided herein, and fences internal to a property around the perimeter of a garden or animal enclosures, permanent fences shall comply with the following:

a. Be constructed of customarily used materials such as, but not limited to: wrought iron, aluminum, metal and wood as provided below, polyvinyl chloride (PVC), composite and other similar materials that are durable and can be installed in such a way as to provide a clean finished appearance. Chain-link is permitted in Single Family Residential zoning districts, however, may not be appropriate for all zoning districts and therefore will be reviewed on a case by case basis.

(1) Natural wood fences shall be constructed of treated lumber, cedar, redwood, bamboo (not to include reed or bamboo grasses) or similar species that are resistant to decay.

(2) Welded wire and other metal mesh materials of an architectural grade or which are of a thickness/gauge that does not easily bend, and which holds a uniform shape, grid and/or pattern when vertical may be allowed with the proper attachment and/or framing.

(3) The use of chain-link fence must be installed to make a complete and uniform fencing system utilizing industry standard round metal posts, top rails, connectors, gates, or similar parts. Alternate materials to frame chain-link to provide a clean, non-sagging appearance may be allowed with specific city approval.

b. All sides of fences easily visible from outside of the property upon which they are located must be of an earth tone, neutral, or natural color such as white, black, gray (silver), tan, or brown, unless otherwise specifically approved by the City for a designated and apparent design theme.

c. Single faced fences shall have the unfinished side (side with exposed posts) facing toward the property on which the fence is erected.

2. Materials Prohibited: Permanent fences are not to be constructed of or include the following:

a. Temporary construction or snow fencing.

b. Metal wire or other mesh materials that are sold in rolls or can be folded or rolled, which are traditionally used for the penning of animals and which typically cannot be pulled taught without sag or sway. This should not be read to prohibit the use of these materials for fencing for the purpose of garden or animal enclosures interior to a property.

c. Bright or fluorescent colors.

d. Slats, strips or other materials intended to increase opacity attached to or weaved through openings within a fence material, with the exception of sun and/or wind screen material designed for and directly associated with a sports or recreation facility, subject to the provisions of 9-10-4 A.21.

e. Copy, pictures, images, lettering, logos, graphics, or artwork on any side of a permanent fence visible at the ground level from outside of the property upon which it is located, unless approved as a permitted sign.

f. With the exception of barbed wire and electrical fences as provided elsewhere in this Code, materials and the fence design may not such so as to cause pain or injury to humans or animals.

3. Fences for the protection of gardens or penning of animals in single family zoning districts may be allowed interior to the site when setback a minimum of five feet (5') from a side or rear property boundary. Fencing for gardens and penning of animals shall not be allowed within the front yard of a property.

4. Temporary fences installed to provide site security and/or safety in conjunction with construction work shall be allowed to be comprised of cloth screening fabric and plastic snow fence type materials. Copy, pictures, images, lettering, logos, graphics, or artwork shall be allowed in accordance with Chapter 18: Signs, within this title. Unless otherwise approved by the City, any such temporary fences shall be removed if construction ceases for a period of six (6) months or upon issuance of an occupancy permit, including temporary occupancy.

5. Temporary fences comprised of snow fence material, moveable gates or panels, barricades, railings, or other shall be allowed as part of an approved special event or temporary use permit. Any such temporary fences shall be removed from the site upon conclusion of the event.

6. All fences shall be constructed in a sound and sturdy manner and shall be maintained in an upright and non-sagging manner and in a good condition, including the replacement of defective or missing parts, painting, and other acts required for maintenance.

7. Provisions for landscaping to soften the presence of the fence and provide additional buffering or screening may be required and will be reviewed on a case by case basis. Not applicable between individual single-family lots.

8. Any fence that does not conform to this section, but is considered by the Director of Development Services, or his/her designee, to satisfy the spirit and intent of the ordinance may be approved at their discretion.

B. Height and Setback Requirements:

1. For the purposes of determining height and setback allowances:

a. The front yard shall be considered that side of a lot that lies forward of the main plane of the structure towards the street.

b. The side yard shall be considered that portion of the lot beginning at the rear lot line extending to a point formed by a line projected along the same plane as the front plane of the structure to the nearest side lot line.

c. The street side yard shall be the same as a side yard except that the side borders a street instead of another private lot.

d. The rear yard shall be considered to be that lot boundary generally parallel to the rear plane of the structure.

2. Unless minimum setback requirements are otherwise specified herein, or specifically approved by the City Council, all fences may be located on the property line or ultimate street right-of-way line, whichever is more restrictive.

3. Measuring Fence Height:

a. The height of the fence shall be determined by a measurement from the ground beneath the fence as follows:

(1) On a street side yard, the total effective height above the finished grade shall be measured on the side nearest the street. If a property or premises is lower than an adjacent street, then the effective height of the fence shall be determined by a measurement from the street grade at a ninety-degree (90°) angle from the fence. Up to an additional two feet (2') of height may be allowed to achieve an effective height of six feet (6'); however, the total vertical measurement from the ground beneath the fence to the top of the fence shall not exceed eight feet (8'). (See figure #4 of this section.)

(2). In any other yard the allowable height shall be the vertical measurement from the ground beneath the fence to the top of the fence.

Figure 4:

b. The intentional implementation of earthen berming, retaining wall, or raised planter for the sole purpose of achieving a height above that provided herein shall not be allowed in Single Family Residential districts. Fences may be located on top of retaining walls or raised planters in Single Family Residential as long as the top of the fence as measured from the bottom of the retaining wall or planter does not exceed eight feet (8') in total allowable height in the Residential Estate district or six feet (6') in total allowable height in all other Single Family Residential zoning districts.

4. Fence Height and Required Setback:

a. Upon issuance of a building permit, lawfully established legal non-conforming fences along the street side yard which existed prior to 2000 (as determined by aerial photographs, permit records, etc.) may be reconstructed/replaced only once in its current location, except that modifications to provide visual clearance, if necessary, must be made. Any subsequent reconstruction/replacement at its current location shall be prohibited and must meet the current setback requirements.

(1) City staff shall record a copy of the building permit for the rebuild.

b. All Districts, except as otherwise provided below in this section:

(1) Visual clearance as provided and illustrated elsewhere in this chapter shall be maintained at intersection of two (2) streets and at intersections of a street and private driveway. Provision of visual clearance may require the fence to be angled, reduced in height or of a design that allows visibility through the fence at the corner.

(2) The placement of a fence along the street side yard or rear lot line adjacent to a street does not negate the property owner’s responsibility of maintenance of the right of way (area between the fence and curb) or snow removal from public sidewalk(s) adjacent to the property.

(3) A fence, up to but not exceeding four feet (4') in allowable height may be placed up to the property line in the front yard and a street side yard.

(4) Fences up to but not exceeding the zoning district allowed height are allowed up to the property line within the limits of side and rear yards not adjacent to a street.

(5) Except as provided in 9-14-11B.3.a.(1) herein, fences up to but not exceeding the zoning district allowed height may be placed along the lot boundary adjacent to a street (street side yard or rear yard) when the fence maintains a minimum setback from the ultimate right-of-way of no less than fifteen feet (15'). However, on existing properties zoned Single Family Residential where the dwelling is located at a legal non-conforming side yard setback of less than fifteen feet (15') from the ultimate right of way, a fence up to but not exceeding the zoning district allowed height may be placed at the same plane as the dwelling, but in no instance shall the fence be located closer than five feet (5') to the lot line.

(6) Double Frontage Lots: For the purposes of this section, the regulations below relate only to placement of fences within the rear yard of a double frontage lot.

(A) On double frontage lots with a required landscape buffer (also see 9-19-8.E) with no plat restriction to the contrary:

i. No fence shall be located within the buffer itself unless specifically approved by the City Council.

ii. A opaque or privacy fence up to but not exceeding the zoning district allowed height compliant with this section (9-14-11) may be located on the private side of the buffer (dwelling side).

iii. An open fence up to but not exceeding the zoning district allowed height and generally consistent with that provided in Chapter 19, Section 8, may be located on the public side of the buffer (street side) with the approval of the City Council. The City Council shall have the authority to approve an alternate open fence design than that indicated in Chapter 19.

(B) On double frontage lots without a required landscape buffer and no plat restriction to the contrary:

i. Except as provided in 9-14-11B.3.a.(1) herein, opaque or privacy fences up to but not exceeding the zoning district allowed height may be placed in a rear yard and a street side yard when the fence is located no less than fifteen feet (15') from the ultimate right-of-way line. Open fences consistent with that provided in Chapter 19, Section 8 for ‘double frontage lots with a buffer’ may be located up to the ultimate right-of-way line by right.

ii. An opaque or solid fence up to but not exceeding a maximum four-foot (4') in height may be allowed up to the property line (fifteen-foot (15') setback not required).

(7) Footprint Lots: For the purposes of this section, the regulations below relate to placement of fences within footprint lots only.

(A) Fences for an individual dwelling shall not be placed in common areas or encroach onto a neighboring footprint lot. Fences may be located in common areas of the development for purposes that benefit the development (i.e., dog parks, recreational areas, visual screening of negative elements).

(B) No fence shall be placed forward of the front plane of the dwelling unit and no fences regardless of height are allowed in the front yard.

(C) Up to a six-foot (6') open fence which is of a design that is at least 50% open and generally consistent with that provided in Chapter 19, Section 8, may be located up to the footprint lot boundary line of individual dwelling lots. Fences may only be located within one side yard and the rear yard of a lot.

(D) Fenced yards within footprint lots shall include gates to allow for emergency services access and maintenance.

(E) Fences shall not be placed in public utility easements without the approval of the city and shall not impeded storm water drainage paths.

(F) Fence design, including color for individual footprint lots shall be determined by the developer or owner’s association and shall be consistent throughout the development.

(7) Swimming Pool Enclosures: Regardless of if a pool has an operational powered safety cover, barriers constructed for the purpose of enclosing swimming pools are subject to the height requirements of section 9-14-11 of this chapter, adopted building codes and Iowa Department of Public Health regulations, as applicable.

c. Unless otherwise provided elsewhere in this title, the following shall be allowed in the specified zoning districts:

(1) All Residential zoning districts except Residential Estate: Fences up to but not exceeding six feet (6') in height are allowed in the side, including street side and rear yard in accordance with setbacks as provided in this title for the type of fence installed and compliant with all other regulations in this Chapter.

(2) Residential Estate (RE):

(A) Fences up to but not exceeding eight feet (8') in height shall be allowed within the limits of side, including street side and rear yards on lots that exceed forty thousand q(40,000) square feet in size and when the fence is constructed of decorative metal and provides seventy-five percent (75%) openness for the full length of said fence. The openness percentage shall be provided at the time of a fence permit application. The use of chain link for this purpose shall be prohibited. Opaque or solid privacy fencing up to but not exceeding six feet (6') in height shall be allowed in the side, including street side and rear yards compliant with all other regulations in this Chapter.

(B) Woven wire and electrified fencing shall only be allowed at the property line on side and rear yards to contain livestock or to protect crops and plantings.

(3) Industrial Districts:

(A) Fences up to but not exceeding eight feet (8') in height are allowed within the limits of side, including street side and rear yards.

(B) The use of barbed wire or other no-climb barrier elements acceptable to the city may be allowed as part of a site plan approval process, provided the barbed wire or barrier is not located less than six feet (6') above the ground.

(C) All outdoor storage yards shall be surrounded with an opaque enclosure up to but not exceeding eight feet (8') in height.

(4) Warehouse Retail District: Fences up to but not exceeding twelve feet (12') in height are allowed within the limits of the side, including street side and rear yards.

(5) Agriculture/Open Space Districts (OS): Whether designated as such on the zoning map or ‘unzoned’ but designated on the comprehensive plan land use map as open space. Barbed wire, woven wire and electrified fencing may be allowed at the property line to contain livestock or to protect crops and plantings.

C. Overland Flowage Easements:

1. Fences may encroach into an overland flowage easement provided measures are taken to make certain that design and maintenance of the fence does not impede or alter the flow path of water, cause siltation or debris buildup, etc.

2. Solid fencing shall be elevated a minimum of six inches (6") above the ground plane through the swale part of the easement to allow water flowage. (See figure #5 of this section.)

3. Fences which are not elevated at the base shall be of a design that is at least seventy-five percent (75%) open to allow for water flow. Chain link shall be allowed on single-family properties. Regular maintenance by the resident to remove debris build-up shall be done to ensure the flow of water is not impeded or water flow path altered.

Figure 5: Fences within Overland Flowage Easements

D. Other Regulations: Fences not normally allowed or a fence height above what is permitted for the specific zoning district may be allowed as noted below. Fence design and materials shall comply with the requirements otherwise contained in this section.

1. Additional fence height required by federal, state, or local regulations shall be allowed to exceed the maximum fence height noted for the zoning district up to the minimum height required per the applicable regulation.

2. Additional fence height needed to protect the public health, safety, and welfare shall be allowed to exceed the maximum fence height noted for the zoning district upon demonstrating to the Development Services Director, or designee, that the additional height is necessary to protect public safety. Fence height will be allowed up to the maximum for that district plus up to three (3) additional feet if the additional three feet (3') is no less than eighty percent (80%) transparent above the allowed height. (Ord. 2464, 4-5-2021; amd. Ord. 2493, 10-4-2021; Ord. 2540, 9-19-2022; Ord. 2548, 12-5-2022; Ord. 2631, 9-16-2024)

9-14-12: WALLS:

The following standards shall apply to walls including free-standing walls, retaining walls and screen walls in any zoning district unless otherwise provided for a specific zoning district:

A. Retaining Walls: Retaining walls shall be defined as a structure for holding in place a mass of earth at the edge of a terrace or excavation and shall comply with the following:

1. Be constructed of materials such as brick, stone, textured concrete, precast concrete, tile block, timbers, railroad ties, utility poles and other wood materials. Hard materials are preferred over wood due to longevity and potential for rot and decay of wood materials.

2. Retaining walls shall be set back from the property line one foot (1') for every one foot (1') of visible height, unless a written agreement on the height and location of the retaining wall has been made with the adjoining property owner(s) whose property the retaining wall is built near, said document is filed with the applicable County and a copy of the recorded agreement provided to the City.

3. There shall be no height limit for retaining walls; however, no single exposed wall face shall be greater than six feet (6') in height without terraces to break up the wall expanse. A minimum one foot (1') of terrace shall be provided for each two feet (2') of exposed wall height. In non-single-family residential zoning districts, each terrace shall contain shrubs and ground cover vegetation necessary to serve as a barrier to prevent falls and to provide visual interest to the terrace.

4. Safety rails, fencing, vegetation of sufficient size and quantity or other barrier acceptable to the City may be required on walls that exceed thirty inches (30") in height.

B. Free-Standing Walls: Free-standing walls constructed for privacy, area enclosure or decorative purposes shall comply with the following:

1. Be constructed of brick, stone, textured concrete, precast concrete, tile, block, railroad ties, timbers, power poles, or similar material.

2. Shall not to be designed to cause pain or injury to humans or animals.

3. All sides of walls easily visible from outside of the property upon which they are located must be of an earth tone, neutral, or natural color such as white, black, gray (silver), tan, or brown unless otherwise specifically approved by the City for a designated and apparent design theme.

4. Single faced walls shall have the unfinished side, if applicable facing toward the property on which the wall is erected.

5. Heights and setbacks for free-standing walls shall follow the same regulations as provided for fences within 9-14-11. No wall shall be allowed on the public side of a buffer located on a double frontage lot.

C. Screen Walls: Screen walls for the protection and visual mitigation of mechanical equipment, dumpsters and generators shall comply with the following:

1. Allowed in non-single-family residential districts only.

2. Shall be of materials and colors consistent with the architecture and materials of the principal building.

3. May exceed height limitations of the specific zoning districts in order to effectively screen the equipment, dumpster or generator when located in direct proximity to the equipment, dumpster or generator; however, shall be no taller than necessary to effectively screen views of mechanical equipment or to meet minimum security requirements. The design of the screen wall and the height required for full screening shall be provided at the time of a building permit or site plan application.

4. Any openings within the wall material itself (mesh, louvers, etc.) or other openings within the wall required for ventilation of the equipment shall, to the greatest extent possible, be designed to prevent view of the equipment.

D. All Types of Walls:

1. Regardless of type, no wall that by design would impede or alter the flow of water shall be allowed without approval of the City of a plan to manage and direct water flow.

2. Retaining walls which exceed four feet (4') in height shall be structurally engineered to ensure proper design. The design specifications, elevations and site plan showing the exact location of the wall shall be provided to the City prior to construction, either with the Site Plan Development application or submittal of the Building Permit for the subject property.

3. For purposes of calculating the total property or lot area occupied by accessory structures, the total area occupied by a wall shall not be included in the calculation.

4. All walls shall be constructed in a sound and sturdy manner and shall be maintained in good condition, including addressing any tilting of the wall.

5. Provisions for landscaping to soften the presence of the wall may be required and will be reviewed on a case by case basis. Not applicable between individual single-family lots.

6. Any wall that does not conform to this section, but is considered by the Director of Development Services, or his/her designee, to satisfy the spirit and intent of the ordinance may be approved at their discretion.

E. Other Regulations: Walls not normally allowed or a wall height above what is permitted for the specific zoning district may be allowed as noted below. Wall design and materials for these walls shall comply with the requirements otherwise contained in this section.

1. Additional wall height required by federal, state, or local regulations shall be allowed to exceed the maximum wall height noted for the zoning district up to the minimum height required per the applicable regulation.

2. Additional wall height needed to protect the public health, safety, and welfare shall be allowed to exceed the maximum wall height noted for the zoning district upon demonstrating to the Development Services Director, or designee, that the additional height is necessary to protect public safety. Wall height will be allowed up to the maximum for that district plus up to three (3) additional feet, if the wall is setback one foot (1') for each additional foot above the maximum height allowed. (Ord. 2464, 4-5-2021; amd. Ord. 2493, 10-4-2021)

9-14-13: SMALL WIND ENERGY CONVERSION SYSTEMS:

A. Intent: The intent of this section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The City finds these regulations are necessary to ensure that small wind energy conversion systems are appropriately designed, sited and installed. (Ord. 1866, 5-17-2010)

B. Definitions:

HEIGHT, TOTAL SYSTEM: The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors.

HEIGHT, TOWER: The height above grade of the fixed portion of the tower, excluding the generation unit and attached blades or rotors.

OFF GRID: An electrical system that is not connected to a utility distribution grid.

SHADOW FLICKER: Changing light intensity caused by sunlight through the moving blades of a wind energy conversion system.

SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind energy conversion system which has a nameplate rated capacity of up to fifteen kilowatts (15 kW) for residential, office, industrial and open space uses and districts and which is incidental and subordinate to a principal use on the same parcel. A system is considered an SWECS only if it supplies electrical power 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.

SMALL WIND ENERGY CONVERSION SYSTEM, BUILDING MOUNTED: An SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fastened to the principal building.

SMALL WIND ENERGY CONVERSION SYSTEM, FREESTANDING: An SWECS which is elevated by means of a monopole tower only and is not located on another supporting structure except that the tower shall have an appropriately constructed concrete base. Guyed, lattice, or other nonmonopole style towers shall not meet this definition.

SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS: A small wind energy conversion system that has blades which rotate through a horizontal plane.

SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS: A small wind energy conversion system that has blades which rotate through a vertical plane.

TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the base, tower, generator, rotor, blades, supports, guywires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine.

WIND TURBINE GENERATOR: The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy. (Ord. 1866, 5-17-2010; amd. Ord. 2287, 3-19-2018)

C. General Regulations:

1. Conditional Use: A small wind energy conversion system (SWECS) shall be allowed only as a conditional accessory use to a permitted principal use or approved permitted conditional principal use.

2. Permit Required:

a. It shall be unlawful to construct, erect, install, alter or locate any SWECS within the City of West Des Moines, unless a permitted conditional use permit has been obtained from the Board of Adjustment. The permitted conditional use permit may be revoked by resolution of the Board of Adjustment any time the approved system does not comply with the rules set forth in this chapter and the conditions imposed by the Board of Adjustment. The owner/operator of the SWECS must also obtain any other permits required by other Federal, State and local agencies/departments prior to erecting the system.

3. Tower: Only monopole towers shall be permitted for freestanding SWECS. Lattice, guyed or towers of any other type shall not be considered to be in compliance with this section.

4. Installation: Installation must be done according to manufacturer's recommendations. All wiring and electrical work must be completed according to the applicable Building and Electric Codes. All electrical components must meet code recognized test standards.

5. Number Of Systems Per Zoning Lot: No more than one SWECS may be placed on any residential estate or single-family residential zoned lot. Building mounted SWECS shall be prohibited on any parcel or lot containing a one- or two- family use.

6. Engineer Certification: Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer shall also be submitted.

7. Location:

a. No part of an SWECS shall be located within or over drainage, utility or other established easements, or on or over property lines.

b. An SWECS shall be located entirely in the rear yard.

c. An SWECS shall not be located in any required setback.

d. An SWECS shall be located in compliance with the guidelines of applicable Federal Aviation Administration (FAA) regulations as amended from time to time.

e. No SWECS shall be constructed within twenty feet (20') laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet (5').

f. No part of an SWECS, including guywires, may be located closer than ten feet (10') to any property line.

8. Color: The SWECS shall be a neutral color such as white or light gray. Other colors may be allowed at the discretion of the Board of Adjustment. The surface shall be nonreflective.

9. Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure.

10. Lighting: No lights shall be installed on the tower, unless required to meet FAA regulations.

11. Signage: No signage or advertising of any kind shall be permitted on the tower or any associated structures.

12. Climbing Apparatus: All climbing apparatus shall be located at least ten feet (10') above the ground, and the tower must be designed to prevent climbing within the first ten feet (10'). (Ord. 1866, 5-17-2010)

13. Maintenance: Facilities shall be well maintained in an operational condition that poses no potential safety hazard. Should the SES fall into disrepair and be in such 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 may be abated in accordance with title 4, chapter 4, "Nuisances", of this Code. (Ord. 2287, 3-19-2018)

14. Displacement Of Parking Prohibited: The location of the SWECS shall not result in the net loss of required parking as specified in chapter 15 of this title.

15. Utility Notification: No SWECS shall be installed until evidence has been given that the 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.

16. Interconnection: The SWECS, 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.

17. Restriction On Use Of Electricity Generated: An SWECS shall be used exclusively to supply electrical power for on site consumption, except that excess electrical power generated by the SWECS and not presently needed 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.

18. Noise: Except during short term events including utility outages and severe wind events, an SWECS shall be designed, installed and operated so that the noise generated does not exceed the maximum noise levels established in title 4, chapter 7 of this Code.

19. Safety Controls: Each SWECS shall be equipped with both an automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid.

20. Shutoff: A clearly marked and easily accessible shutoff for the wind turbine will be required as determined by the Fire Marshal.

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

22. Wind Access Easements: The enactment of this section does not constitute the granting of an easement by the City. The owner/operator shall acquire covenants, easements, or similar documentation to assure sufficient wind to operate the SWECS unless adequate accessibility to the wind is provided by the site. (Ord. 1866, 5-17-2010)

23. Insurance: (Rep. by Ord. 2287, 3-19-2018)

24. Compliance With National Electric Code: Applications for SWECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. (Ord. 1866, 5-17-2010)

25. Removal: If the SWECS remains nonfunctional or inoperative for a continuous period of one year, 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, transmission equipment and fencing from the property excluding foundations. Should the owner/operator fail to remove the system, the SWECS will be considered a public nuisance and will be abated in accordance with title 4, chapter 4, "Nuisances", of this Code.

D. Bulk Regulations:

1. Setbacks: The minimum distance between any SWECS and any property line for residential uses, residential and open space zoned districts, or office and industrial zoned districts adjacent to dissimilar land uses shall be a distance that is equivalent to one hundred fifty percent (150%) of the total system height.

The minimum distance between any SWECS and any property line within office and industrial zoned districts adjacent to a like zoning district shall be a distance that is equivalent to one hundred percent (100%) of the total system height.

The setback shall be measured from the property line to the point of the SWECS closest to the property line. (Ord. 2287, 3-19-2018)

2. Minimum Lot Size: The minimum lot size for an SWECS shall be one acre.

3. Maximum Height: Height shall be measured from the ground to the top of the tower, including the wind turbine generator and blades. Manmade earth berms, terraces, and retaining walls that elevate the wind turbine shall be considered a part of the turbine.

a. For lots of more than one and fewer than three (3) acres, the maximum height shall be sixty five feet (65').

b. For lots of three (3) acres to seven (7) acres, the maximum height shall be eighty feet (80').

c. For lots of more than seven (7) acres the maximum height shall be one hundred feet (100').

4. Maximum Blade Diameter: The maximum diameter of the blades for an SWECS shall be twenty feet (20').

5. Clearance Of Blade: No portion of a horizontal axis SWECS blade shall extend within thirty feet (30') of the ground. No portion of a vertical axis SWECS shall extend within ten feet (10') of the ground. No blades may extend over parking areas, driveways or sidewalks. No blade may extend within twenty feet (20') of the nearest tree, structure or aboveground utility facilities.

E. Application Required:

1. Application for SWECS shall be made on forms provided by the city of West Des Moines. No action may be taken regarding requests for SWECS until completed applications have been filed and fees paid. (Ord. 1866, 5-17-2010)

9-14-14: SOLAR ENERGY SYSTEMS:

A. Intent: The intent of this section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The city finds these regulations are necessary to ensure that solar energy systems are appropriately designed, sited and installed.

B. Definitions:

COLLECTOR PANEL: An equipment assembly used for gathering, concentrating or absorbing solar energy as useful thermal energy or to generate electric energy.

HEIGHT, TOTAL BUILDING MOUNTED SYSTEM: The height above the roof surface measured perpendicular to the roof specific to the installation on a sloped roof or the height above the roof surface specific to the installation on a flat roof.

HEIGHT, TOTAL GROUND MOUNT SYSTEM: The height above grade of the system from the highest point, including the supporting structure, related equipment and the collector panels. Adjustable angle systems will be measured from the highest point when the system is at its maximum vertical extension.

LARGE SOLAR ENERGY SYSTEM (LSES): A solar energy system which has a nameplate rated capacity of over fifteen (15) kilowatts in electrical energy or fifty (50) KBTU of thermal energy for nonsingle-family residential uses and districts and which is incidental and subordinate to a principal use on the same parcel. A system is considered an LSES only if it supplies electrical power or thermal energy solely for use by the owner on the site, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, 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.

OFF GRID: An electrical system that is not connected to a utility distribution grid.

SMALL SOLAR ENERGY SYSTEM (SSES): A solar energy system which has a nameplate rated capacity of up to fifteen (15) kilowatts in electrical energy or fifty (50) KBTU of thermal energy for residential uses and districts and which is incidental and subordinate to a principal use on the same parcel. A system is considered an SSES only if it supplies electrical power or thermal energy solely for use by the owner on the site, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed by the owner for on site use may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa administrative code, as amended from time to time.

SOLAR ACCESS: A property owner's right to have sunlight shine on his land.

SOLAR ENERGY: Radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use or photovoltaic use.

SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: 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.

SOLAR ENERGY SYSTEM, BUILDING MOUNTED: An SES which is securely fastened to any portion of a building roof, whether attached directly to the principal or accessory building.

SOLAR ENERGY SYSTEM, GROUND MOUNTED: An SES which is not located on a building and is ground mounted.

SOLAR ENERGY SYSTEM (SES): An aggregation of parts including the base, supporting structure, photovoltaic or solar thermal panels, inverters and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert radiant energy from the sun into mechanical or electrical energy.

UTILITY SCALE SOLAR ENERGY SYSTEM: A solar energy system which supplies electrical power or thermal energy solely for use by off site consumers.

C. General Regulations:

1. Allowances: Allowances for solar energy systems (SES) shall be as follows:

a. A building integrated system.

b. A building mounted system attached to the roof of an accessory or primary structure.

c. A ground mounted system as a detached accessory structure to a primary structure.

d. Large solar energy systems (LSES) are not allowed in the open space zoning district and single-family residential used or zoned property.

(1) Exception: A large solar energy system (rated capacity over fifteen (15) kilowatts in electric energy) is allowed in the open space zoning district and on parcels used or zoned as single-family residential property as a building integrated or building mounted system only that is interconnected to the utility distribution grid (net metered).

e. Utility scale solar energy systems are not allowed.

2. Permit Required: It shall be unlawful to construct, erect, install, alter or locate any solar energy system (SES) within the city of West Des Moines, unless approved with:

a. Building permit in the following zoning districts: open space and single-family residential zoned property.

b. Site plan, major or minor modification to a site plan permit for all other zoning districts.

(1) Exception: A new site plan or a major or minor modification to a site plan permit is not required within residential medium density or residential high density zoning districts only when the system is installed on an owner occupied dwelling unit that is detached or within a horizontally attached multi-family building.

c. The owner/operator of the SES must also obtain any other permits required by other federal, state and local agencies/departments prior to erecting the system.

3. Installation: Installation must be done according to manufacturer's recommendations. All work must be completed according to the applicable building, fire and electric codes. All electrical components must meet code recognized test standards.

4. Number Of Systems Per Zoning Lot: No more than one SES may be placed on any zoned lot unless otherwise specifically approved by the city council.

5. Engineer Certification: Applications for any SES shall be accompanied by standard drawings of the receiving structure if newly constructed, including the supporting frame and footings. For systems to be mounted on existing buildings, an engineering analysis showing sufficient structural capacity of the receiving structure to support the SES per the applicable code regulations, certified by an Iowa licensed professional engineer shall be submitted.

6. Color: The SES shall be a neutral color. All surfaces shall be nonreflective 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.

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

8. Signage: No advertising or signage other than required safety signage and equipment labels shall be permitted on the SES.

9. Maintenance: Facilities shall be well maintained in an operational condition that poses no potential safety hazard. Should the SES fall into disrepair and be in such 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 may be abated in accordance with title 4, chapter 4, "Nuisances", of this code.

10. Displacement Of Parking Prohibited: The location of the SES shall not result in the net loss of required parking as specified in chapter 15 of this title.

11. 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. Off grid systems shall be exempt from this requirement.

12. 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.

13. 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 on site use may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa administrative code.

14. Shutoff: A clearly marked and easily accessible shutoff for any SES that generates electricity will be required as determined by the fire marshal.

15. Electromagnetic Interference: All SESs shall be designed and constructed so as not to cause radio and 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 relocation 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.

16. 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 by the site. Such covenants, easements, or similar documentation is the sole responsibility of the owner/operator. 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 regulations contained in chapter 564A (access to solar energy) of the Iowa Code.

17. Compliance With National Electric Code: Applications for SESs shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electrical code.

18. Removal: If the SES remains nonfunctional or inoperative for a continuous period of one year, 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 from the property excluding foundations. Should the owner/operator fail to remove the system, the SES will be considered a public nuisance and will be abated in accordance with title 4, chapter 4, "Nuisances", of this code.

19. Screening: SESs that are visible from the public thoroughfare or adjacent properties will require screening in accordance to regulations for screening of mechanical units noted in section 9-10-4, "Specific Use Regulations", and in chapter 10, "Performance Standards", of this title. The need for and type of screening to be used shall be identified as part of the building permit, major or minor modification to a site plan or site plan permit submittal.

20. 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 and will be regulated by the provisions noted in section 9-3-4, "Nonconforming Buildings, Structures, Uses, Uses Of Land, Or Uses Of Buildings Or Structures", of this title.

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

D. Bulk Regulations:

1. Location:

a. Ground mounted SES:

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

(2) The SES shall be located in accordance to the regulations for detached accessory structures in this chapter or not less than one foot (1') from the property line for every one foot (1') of the system height measured at its maximum height, whichever is most restrictive.

(3) An SSES cannot be located in front of the rear wall of the primary structure, even if it meets the front yard setback requirements. An LSES cannot be located in the front yard setback.

(4) An SES shall not be located in any required buffer.

(5) The setback from underground electric distribution lines shall be at least five feet (5').

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

b. Building mounted SES:

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

(2) Should the solar energy system be mounted on an existing structure that does not conform to current setback requirements, the solar energy system shall be installed to meet the current setback requirements applicable to the receiving structure.

(3) Shall be designed to minimize their visual presence to surrounding properties and public thoroughfares. Panel arrangement shall take in account the proportion of the roof surface and place the panels in a consistent manner without gaps unless necessary to accommodate vents, skylights or equipment.

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

(5) Shall be located in such a manner that fall protection railings are not required or are not visible from the public thoroughfare.

c. Building integrated SES:

(1) No setback required.

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

(3) Shall be located in such a manner that fall protection railings are not required or are not visible from the public thoroughfare.

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

2. Height:

a. Ground mounted SES:

(1) The maximum height of the SES shall not exceed ten feet (10') in height as measured from existing grade.

b. Building mounted SES:

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

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

c. Building integrated SES:

(1) The collector panel shall maintain a uniform profile or surface with the building's vertical walls, window openings, and roofing.

3. Size:

a. Size of the SES is calculated by measuring the total surface area of the collector panels for the system.

b. Ground mounted SES:

(1) In single-family residential used or zoned property the SES is restricted in size to no more than the allowed area for detached accessory structures on the specific property. The SES would be included in the collective total of all detached accessory structures.

(2) In all other zoning districts the SES is restricted in size to no more than fifty percent (50%) of the area of the primary structure(s) footprint.

c. Building mounted SES: System size will be determined by the available roof area subject to the installation minus the required setbacks or access pathways.

d. Building integrated SES: System size will be determined by the available building surface area subject to the installation minus the required access pathways.

e. In no case shall an SSES exceed the nameplate rated capacity of fifteen (15) kilowatts or fifty (50) KBTU.

4. Application Required: Application for an SES shall be made on forms provided by the city of West Des Moines. No action may be taken regarding requests for SESs until completed applications have been filed and fees paid. (Ord. 2143, 5-2-2016; amd. Ord. 2500, 12-20-2021)

9-14-15: FLAGPOLES:

The following regulations shall apply to permanent flagpoles. Temporary flags shall be regulated by the provisions in chapter 18, "Signs", of this title, under the temporary sign regulations.

A. Bulk Requirements:

1. Maximum Number Of Flagpoles: Three (3) poles.

2. Pole Separation: Eight foot (8') minimum separation between flagpoles or as needed to prevent flag overlap; ten foot (10') minimum separation from a building or as needed to prevent the flag from hitting the building.

3. Maximum Height: Thirty feet (30'), except in RC, CMC, and SC zoning districts the maximum height is forty feet (40') and in PCP, the maximum height is sixty feet (60').

4. Setback: Flagpoles shall be set back a minimum of ten feet (10') from any property line, except that in the VJHB zoning district no setback shall be required. (Ord. 2169, 9-6-2016)

9-14-16: VARIANCES:

Application for a variance of any of the above provisions shall be made to the board of adjustment in the manner provided in title 2 of this code. (Ord. 2169, 9-6-2016)