Chapter 18.70 GENERAL REGULATIONS AND PROVISIONS

Any addition to the unincorporated area of the County resulting from disconnections by municipalities or otherwise shall be automatically classified as in the “A” agricultural district until otherwise classified by amendment. [Ord. 36 § 7(A), 1995. Code 2009 App. A, § 7(A).]

18.70.020 Conformance required.

No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this title and other applicable regulations which apply to uses within the jurisdiction of this title. [Ord. 36 § 7(B), 1995. Code 2009 App. A, § 7(B).]

18.70.030 Proposed use not covered by title.

Any proposed use, including principal permitted uses and use exceptions, not covered in a district as a principal permitted use or use exception shall be referred to the Planning and Zoning Commission and Board of Supervisors for a decision as to the proper district and category in which said use should be permitted. The process requires an amendment to this title prior to addressing a specific site. Therefore, in order to add an unlisted use to a district, this title shall be amended as provided in BHCC 18.130.110, before a rezoning request can be submitted and/or any permit be issued for a specific site. [Ord. 86, 2004; Ord. 36 § 7(C). Code 2009 App. A, § 7(C).]

18.70.040 Required yard per building.

No yard or other open space or lot area requirement shall be considered as providing a yard or open space or lot area requirement for a building on any other lot, and no yards or other open space or lot area requirement about an existing building or any building hereafter constructed, for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space or lot area requirement for any other building. [Ord. 36 § 7(D), 1995. Code 2009 App. A, § 7(D).]

18.70.050 Road vacation.

Whenever any street, road or other public way is vacated by official action of the Board of Supervisors of Black Hawk County, the zoning district adjoining each side of such street, road or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall be subject to all appropriate regulations of the extended districts. [Ord. 36 § 7(E), 1995. Code 2009 App. A, § 7(E).]

18.70.060 One principal building per lot.

Every building hereafter erected or structurally altered shall be located on a lot as defined herein and in no case shall there be more than one main building on one lot unless the yard and other requirements of this title are met for each structure as though it were on an individual lot. [Ord. 82, 2003; Ord. 36 § 7(F), 1995. Code 2009 App. A, § 7(F).]

18.70.070 Petitions.

All petitions for rezoning, special permits, subdivision, variance, etc., must be in writing stating the exact legal description of land involved, the purpose for which the land is to be used, the disruption expected to be incurred on the area’s natural setting, and the methods to be implemented to lessen the severity of disruption on the area. Said petitions must be received by the Zoning Administrator 21 working days prior to a stated or special meeting of the Planning and Zoning Commission. A site plan shall be submitted with a petition. [Ord. 74, 2002; Ord. 36 § 7(G), 1995. Code 2009 App. A, § 7(G).]

18.70.080 Water supply and sewage disposal.

Every residence, business, trade, or industry hereafter established, which requires water supply and sewage disposal facilities, shall provide facilities which conform with the well and sewage regulations of the County Department of Health and all other applicable regulations. [Ord. 36 § 7(H), 1995. Code 2009 App. A, § 7(H).]

18.70.090 Street frontage required.

Except as permitted in this title, no lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least 40 feet on at least one street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least 20 feet wide to a street, and there shall be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least 24 feet wide may be provided for two such single-family dwellings. For more than two dwellings the access easement must be in conformance with the Guidelines for the Subdividing and Platting of Land within Black Hawk County, Iowa. [Ord. 36 § 7(I), 1995. Code 2009 App. A, § 7(I).]

18.70.100 Accessory buildings.

Minimum lot area, lot frontage, and yard requirements will be determined for each of the zoning district classifications. All accessory buildings shall be placed in the side or rear yard. An unattached accessory building shall maintain a clearance of three feet (wall to wall) between the principal permitted building and the accessory building.

An accessory building which is not a part of the main building shall not occupy more than 30 percent of the required rear yard and shall not exceed 20 feet in height; however, this regulation shall not be interpreted to prohibit the construction of a 440-square-foot garage on a minimum rear yard.

Accessory buildings shall not exceed 1,000 square feet in conjunction with any one- or two-family residence. Accessory buildings may exceed the 1,000 square feet but shall not occupy more than six percent of the lot on which said buildings are located. In no case shall the total accessory buildings in conjunction with any one- or two-family residence be larger than 9,000 square feet. Note: This requirement does not affect buildings, structures or erections which are primarily adapted by reason of nature and area, for use for agricultural purposes, while so used, in accordance with BHCC 18.115.010. [Ord. 118, 2013; Ord. 106, 2009; Ord. 74, 2002; Ord. 60, 2001; Ord. 36 § 7(J). Code 2009 App. A, § 7(J).]

18.70.110 Corner lots.

The front yard regulation shall apply to each street side. Side and rear yard requirements determined by direction of front of principal building. [Ord. 36 § 7(K), 1995. Code 2009 App. A, § 7(K).]

18.70.120 Front yard.

In any “R” district there shall be a minimum front yard required as stated in the yard requirements for that particular district; provided, however, that where lots comprising 30 percent or more of the frontage within 200 feet of either side lot line are developed with buildings at a greater setback, the front yard setback shall be the average of these building setbacks and the minimum setbacks required for the undeveloped lots. In computing the average setback, buildings located on reversed corner lots or entirely on the rear half of lots shall not be counted. The required setback as computed herein need not exceed 50 feet in any case. For the purposes of this chapter, “front” is determined by the street where the address is derived. [Ord. 74, 2002; Ord. 36 § 7(L), 1995. Code 2009 App. A, § 7(L).]

18.70.130 Required yard cannot be reduced.

No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this chapter. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space required under this chapter for another building or structure. Off-street parking and loading areas may occupy all or part of any required yard or open space except as otherwise specified in this chapter. [Ord. 36 § 7(M), 1995. Code 2009 App. A, § 7(M).]

18.70.140 Building lines on approved plats.

Whenever the plat of a land subdivision on record in the office of the County Recorder shows a setback building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback. [Ord. 36 § 7(N), 1995. Code 2009 App. A, § 7(N).]

18.70.150 Pending applications for building permits.

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building, or part thereof, for which approvals and required building permits have been granted before the enactment of the ordinance codified in this chapter, the construction of which shall conform with such plans as shall have been started prior to the effective date of the ordinance codified in this chapter and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control. [Ord. 36 § 7(O), 1995. Code 2009 App. A, § 7(O).]

18.70.160 Lot area computation.

In all districts, lot area requirements shall be computed exclusive of street, road, alley, waterway, or highway right-of-way. [Ord. 36 § 7(P), 1995. Code 2009 App. A, § 7(P).]

18.70.170 Gasoline filling stations or convenience stores.

No gasoline filling station, convenience store, or a commercial customer or employee parking lot for 25 or more motor vehicles, or a parking garage or automobile repair shop, shall have an entrance or exit for vehicles within 200 feet along the same side of a street, of any school, public playground, church, hospital, public library, or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.

No gasoline filling station, convenience store, or public garage shall be permitted where any fuel filling appliance is located within 12 feet of any street line or within 25 feet from any “R” district except where such appliance is within a building. [Ord. 36 § 7(Q), 1995. Code 2009 App. A, § 7(Q).]

18.70.180 Dwelling standards.

The following standards shall apply to all new dwellings for which building permits have been issued:

A. The dwelling shall be affixed to a permanent foundation system, in accordance with the International Building Code standards;

B. The minimum average dimension of the width and of the length of the main body of the dwelling unit shall not be less than 20 feet. [Amended during 2014 recodification; Ord. 36 § 7(R), 1995. Code 2009 App. A, § 7(R).]

18.70.190 Home occupation standards.

The following standards and criteria shall apply to home occupations:

A. Clearly incidental and secondary to the use of the dwelling unit as a residence;

B. Conducted entirely within an existing dwelling unit;

C. Conducted by a member(s) of the family residing within the dwelling unit and no more than two nonresident employees;

D. There shall be no evidence of such occupation being conducted within the dwelling unit, which is perceivable at or beyond the lot lines, by virtue of: outside storage, displays, noise, odors, smoke, vibration, heat, dust, electrical disturbances or excessive traffic generation;

E. Water, sewer, and waste disposal systems shall be subject to approval of the County Health Department;

F. Customer parking shall be provided and be as inconspicuous as possible on the premises;

G. Only one identification sign may be displayed upon the lot, subject to the following requirements:

1. Contains only the name of the occupant and the nature of the occupation.

2. Shall not contain more than 32 square feet and shall be no more than 12 feet high or no more than 12 feet in width.

3. Shall not be illuminated.

4. If located along a state or federal highway, an Iowa Department of Transportation permit must be obtained. [Ord. 36 § 7(S), 1995. Code 2009 App. A, § 7(S).]

18.70.200 Home industry standards.

The following standards and criteria shall apply to home industries:

A. Clearly incidental and secondary to the residential occupancy of a dwelling unit located upon the property;

B. Conducted entirely and confined within an accessory building(s) located upon the property. In no case shall said accessory building(s) exceed the maximum size limit as provided for in BHCC 18.70.100. Any commercial business operated out of a building(s) larger than provided for in BHCC 18.70.100 must be properly zoned for the use in question;

C. Conducted by a member(s) of the family residing within the dwelling unit located on the property and no more than two nonresident employees;

D. There shall be no evidence of such industry being conducted within the accessory building(s) which is perceivable at or beyond the lot lines, by virtue of: outside storage, displays, noise, odors, smoke, vibration, heat, dust, electrical disturbances or excessive traffic generation;

E. Water, sewer, and waste disposal systems shall be subject to approval of the County Health Department;

F. Customer parking shall be provided and be as inconspicuous as possible on the premises;

G. Only one identification sign may be displayed upon the lot, subject to the following requirements:

1. Contains only the name of the occupant and the nature of the occupation.

2. Shall not contain more than 32 square feet and shall be no more than 12 feet high or no more than 12 feet in width.

3. Shall not be illuminated.

4. If located along a state or federal highway, an Iowa Department of Transportation permit must be obtained. [Ord. 74, 2002; Ord. 36 § 7(T), 1995. Code 2009 App. A, § 7(T).]

18.70.210 Bulk requirements.

All new structures shall conform to the building regulations established herein for the district in which each structure shall be located. Further, no existing structure shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this chapter for the district in which such structure shall be located. Minimum bulk requirements are listed in BHCC 18.70.260, Table 1. [Ord. 76, 2002; Ord. 36 § 7(U), 1995. Code 2009 App. A, § 7(U).]

18.70.220 Towers, wireless communications and wind energy facilities – Regulation of all towers.

Towers as herein defined exceeding 20 feet in height, including wind generation devices, shall be allowed upon approval of a special permit by the Board of Adjustment after recommendation of the County Planning and Zoning Commission, except as provided in BHCC 18.70.230 and 18.70.240. The base of any tower as herein defined shall be placed at least the height of the tower from any property line, except as provided herein. [Ord. 113, 2011; Ord. 86, 2004; Ord. 36 § 7(V)(1). Code 2009 App. A, § 7(V)(1).]

18.70.230 Wireless communications.

A. Purpose. The provisions of this section are intended to regulate the location of new communication towers and antennas. The Telecommunications Act of 1996 restructured and deregulated many aspects of the country’s communication industry. New telecommunication providers entering the market desire to build a network that can require additional freestanding communication towers as well as antennas mounted on existing buildings and other structures. It is the desire of Black Hawk County to encourage an aesthetically pleasing local environment while encouraging the expansion of wireless technology, because it provides a valuable service to residents and businesspersons. It is not the County’s goal to unreasonably discriminate among providers of functionally equivalent services; nor to have the effect of prohibiting, either directly or indirectly, the provision of personal wireless services. It is the goal to encourage wireless providers to colocate on existing towers or to mount antennas on buildings to minimize the visual impact of communication structures. If it is determined to be infeasible to colocate, new towers may be permitted; however, monopole type towers shall be favored over guyed towers, and lattice towers shall be discouraged. Towers that require review by the Planning and Zoning Commission and/or Board of Supervisors shall be allowed only after a determination on the need for and appropriateness of the requested use.

1. Goals.

a. To minimize the adverse visual effects of communication structures through careful siting and locating.

b. To locate and engineer communications support structures to mitigate potential damage to adjacent properties from structural failure.

c. To allow for the reasonable location and efficient use of communication structures through colocation of carriers.

d. To preserve and improve the peace, safety, health, welfare, comfort, and convenience of the citizens of Black Hawk County.

B. Definitions. As used in this provision:

1. “Multiple-use facilities (colocation effort)” means wireless communication facilities that are shared with other existing or newly constructed uses, such as, but not limited to, buildings, water towers, flag poles, or other communications towers.

2. “Monopole tower” means a self-supporting, cylindrical, metallic pole.

3. “Lattice tower” means a tower supported by multiple legs that are connected by steel profiles that form a lattice.

4. “Guyed tower” means a tower that has a pole or lattice mainframe that is supported by guyed wires anchored to the ground.

5. “Camouflage design” means a term describing a piece of art, or an architectural structure or element, that functions as a communications facility and aesthetically blends with the surrounding historical or aesthetically sensitive environment. Examples of camouflage design include, but are not limited to, flag poles, clock towers, monuments, and church steeples. Camouflage design also applies in the architectural integration of communication facilities onto existing buildings, light poles, highway signs, water towers, etc. For the purposes of this chapter, a monopole tower with its antenna incorporated into or flush with the pole, and with support facilities and equipment that are effectively screened from view with a solid fence and/or landscaping, may be considered a camouflage design.

6. “Structure height” means the vertical distance measured from the base of the antenna support structure at natural grade to the highest point of the structure except that a lightning rod shall not be included in the measurements of structure height.

7. “Communications structure” means any tower or any other structure that supports devices used in the transmission or reception of microwave energy, analog data transfer techniques, radio frequency energy, and other digital data transfer techniques.

8. “Minor significance” means requests meeting the criteria as described in subsection (C)(1) of this section and in compliance with all other provisions of the zoning ordinance.

9. “Major significance” means requests meeting the criteria as described in subsection (C)(2) of this section. Also, any deviation from the design standards shall classify a formerly minor significant request to this stature.

C. Process required for approval of wireless communications structures:

1. Minor Significance. Proposed structures shall be subject to staff review and approval by the Zoning Administrator or his/her designee, if any of the following are true:

a. Structures are less than 35 feet in height and at least 1,000 feet from any dwelling unit other than a dwelling unit located on the same parcel of land that the structure is located on.

b. Structures are colocated onto an existing communications facility or other structure; provided, that the proposed structures do not extend more than 15 feet above the height of the existing structure.

c. Structures are to be constructed using camouflage design, to visually disguise them or architecturally integrate them from the public view and their surroundings; provided, that the structures are at least one mile from any other tower greater than 75 feet in height; and provided, that the structures are at least 1,000 feet from any dwelling unit other than a dwelling unit located on the same parcel of land that the structures are located on.

2. Major Significance. For structures that do not meet the requirements of minor significance, the proposed structure shall be subject to one of the following two review processes:

a. Monopole structures that are at least one mile from any other tower greater than 75 feet in height and at least 1,000 feet from any dwelling unit other than a dwelling unit located on the same parcel of land that the structures are located on shall be subject to the review of the Planning and Zoning Commission on the need for and appropriateness of the requested use. The Commission shall approve the request as submitted, approve the request with additional conditions, or deny the request. In the case of denial, the Commission shall give written reasons therefor. The applicant may appeal the decision of the Planning and Zoning Commission by notifying in writing the Board of Supervisors. Such appeal shall be made within 30 days of the Commission’s decision and shall specify what relief is requested of the Board of Supervisors. The Board shall hear said appeal as a committee of the whole within 30 days and act upon the appeal at a regular Board meeting within 60 days of appeal receipt.

b. All other structures subject to the review by the Planning and Zoning Commission and approval of the County Board of Supervisors.

D. Where Permitted. A proposed structure is classified as a permitted use, upon approval as noted in subsection C of this section, if any of the following are true:

1. “A” Agricultural District, “A-L” Agricultural-Limited District, and “C-M” Commercial-Manufacturing District.

a. When mounted on a building or existing structure or multiple-use facilities.

b. When designed with camouflage design.

c. When the base of the structure is set back at least one mile from any other tower greater than 75 feet in height and at least 1,000 feet from any dwelling unit, other than a dwelling unit located on the same parcel of land that the structure is located on, unless the applicant can satisfactorily prove to the Planning and Zoning Commission and the Board of Supervisors that there are no other multiple-use facilities in the immediate vicinity that can be colocated on (due to structural, engineering, or economic infeasibility) and that there are no other locations within the immediate vicinity that can meet these requirements, then the setback can be reduced to twice the height of the structure from said towers and dwelling units.

2. “A-R” Agricultural-Residential District, “R-S” Residential-Suburban District, “R-M” Residential-Multiple District, and “C” Commercial District.

a. When mounted on a building or existing structure or multiple-use facilities.

b. When designed with camouflage design and the base of the structure is set back at least one mile from any other tower greater than 75 feet in height and at least 500 feet from any dwelling unit, other than a dwelling unit located on the same parcel of land that the structure is located on, unless the applicant can satisfactorily prove to the Planning and Zoning Commission and the Board of Supervisors that there are no other multiple-use facilities in the immediate vicinity that can be colocated on (due to structural, engineering, or economic infeasibility) and that there are no other locations within the immediate vicinity that can meet these requirements, then the setback can be reduced to twice the height of the structure from said towers and dwelling units.

c. Lattice and guyed towers shall not be permitted in these zoning districts.

E. Design Standards. The proposed structure must comply with the following provisions prior to the issuance of any permits:

1. Necessity. The wireless communications company shall demonstrate that the antenna must be located where it is proposed in order to satisfy the antenna’s function in the company’s grid system.

2. Colocation Effort. If the wireless communications company proposes to build a tower, as opposed to mounting the antenna on existing multiple-use facilities within the required setback as described in subsection D of this section, it shall demonstrate a reason of substantial nature describing the inability to colocate. This demonstration shall utilize one or more of the following criteria to satisfactorily illustrate why colocation on existing multiple-use facilities is infeasible:

a. Structural Infeasibility. The wireless communications company shall provide a structural analysis to show the structural loading, minimum height, available space on the existing structure, or available ground space at the proposed site is inadequate to serve its needs for a viable communications structure site.

b. Engineering Infeasibility. The wireless communications company shall provide engineering studies to show that the existing multiple-use facilities cannot be satisfactorily engineered to meet the coverage and/or capacity demands of its customers or function in its grid system.

c. Economic Infeasibility. Colocation on existing multiple-use facilities is an incentive to, and is in the economic best interest of, each wireless communication company as colocation reduces the cost to deploy each communication site. Where negotiation to colocate on existing multiple-use facilities fails, the wireless communications company shall provide evidence, to include written assurances in the form of affidavits, that it could not obtain permission from owners of multiple-use facilities to install its antennas on those facilities.

A request for a wireless communications tower may be denied if it is concluded that the applicant has not made a good faith effort to colocate on multiple-use facilities.

3. Structure Height. The applicant shall demonstrate, to the reasonable satisfaction of Black Hawk County, that the structure is the minimum height required to function satisfactorily while simultaneously providing adequate structural height for possible colocators.

4. Setbacks from Base of Structure. The minimum setback of the base of the structure shall be at least the height of the structure from any property line and at least one-half the height of the structure from any building located on the same parcel of land that the structure is located on (except for support facilities such as equipment rooms) unless a greater setback is required under the provisions of this chapter.

5. Structure Safety. The applicant shall demonstrate, through compliance with these regulations and submittal of engineering studies, that the proposed structure is safe and that the surrounding areas will not be negatively affected by structure failure or interference. Any such failure or interference shall be the responsibility of the applicant to remedy. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers, and all facilities shall have a fence installed around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure or camouflage design is employed. The fence shall be a minimum of six feet in height and shall not have barbed wire closer than six feet to the ground.

6. Colocation. In order to reduce the number of communication structures in the community, new towers (except for camouflage designs) shall be required to accommodate other uses, including other wireless communication companies, as well as other emergency response users.

7. Site Plan. A full site plan shall be required for all communication structure sites, showing the structure, antenna, antenna support structure(s), building(s), fencing, access, property lines, and lease boundaries.

F. Abandonment. All approvals for wireless communication towers shall be in effect only while the facilities are being operated on a continual basis. When the use is replaced or discontinued for a period of one year, the approvals will lapse, and the operator or property owner shall be required to remove the facility and all associated equipment and restore the property to its original or otherwise acceptable condition, subject to the approval of the Zoning Administrator or his/her designee, or resubmit for approval as if it is a new request. [Ord. 86, 2004; Ord. 36 § 7(V)(2). Code 2009 App. A, § 7(V)(2).]

18.70.240 Wind energy facilities.

A. Applicability.

1. The requirements of this section shall apply to all wind energy facilities (large and small) for which an application for a special permit or building permit has been submitted to Black Hawk County after the effective date of this section. No such wind energy facility shall be constructed after the effective date of this section except in compliance with this section.

2. Wind energy facilities for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that any such preexisting wind energy facility which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy. However, no modification or alteration to an existing wind energy facility shall be allowed unless in compliance with this section.

B. Purpose. The purpose of this section is to provide a regulatory means for the construction and operation of large and small wind energy facilities in Black Hawk County, subject to reasonable restrictions, which will preserve the public health, safety, and welfare. Black Hawk County adopts these provisions to promote the effective and efficient use of the County’s wind energy resource.

C. Findings.

1. Black Hawk County finds and declares that:

a. Wind energy is an abundant, renewable and nonpolluting energy resource of the County and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.

b. The generation of electricity from properly sited wind energy facilities, including small systems, can be cost effective and in many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other uses, or energy consumption at that location can be reduced.

c. Regulation of the siting and installation of wind energy facilities is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners and the general public.

d. Wind energy facilities represent significant potential aesthetic impacts because of their size, lighting, and shadow flicker effects, if not properly sited.

e. If not properly sited, wind energy facilities may present risks to the property values of adjoining property owners.

f. Wind energy facilities may be significant sources of noise, which, if unregulated, can negatively impact adjoining properties.

g. Without proper planning, construction of wind energy facilities can create traffic problems and damage local roads.

h. If not properly sited, wind energy facilities can interfere with various types of communications.

D. Definitions. As used in this section, the following terms are hereby defined:

1. “Decommissioning” means the process of use termination and removal of all or part of a large wind energy facility by the owner or assigns of the large wind energy facility.

2. “FAA” means the Federal Aviation Administration.

3. “Facility owner” means the entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.

4. “Hub height” means, when referring to a wind turbine, the distance measured from ground level to the center of the turbine hub.

5. “Met tower” means a meteorological tower used for the measurement of wind speed.

6. “Site” means the parcel(s) of land where a wind energy facility is to be placed. The site can be publicly or privately owned by an individual or group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership or control, the combined lots shall be considered as one for purposes of applying setback requirements.

7. “Total height” means, when referring to a wind turbine, the distance measured from ground level to the blade extended at its highest point.

8. “Use termination” means the point in time at which a wind energy facility owner provides notice to Black Hawk County that the wind energy facility or individual wind turbines are no longer used to produce electricity unless due to a temporary shutdown for repairs. Such notice of use termination shall occur no less than 30 days after actual use termination.

9. “Wind energy facility, large” means a facility that generates electricity or performs other work consisting of one or more wind turbines not falling under the definition of a small wind energy facility under common ownership or operating control, and includes substations, MET towers, cables/wires and other buildings accessory to such facility, whose main purpose is to supply electricity to off-site customers, or any facility not falling under the definition of a small wind energy facility.

10. “Wind energy facility, small” means a single wind energy system that generates electricity or performs other work, has a total height of 120 feet or less or is affixed to an existing structure, has a power output rated capacity of 100 kilowatts or less, and is intended to primarily reduce the on-site consumption of electricity. Any wind energy facilities not falling under this definition shall be deemed a large wind energy facility.

11. “Wind farm” means two or more wind turbines under common ownership or control not falling under the definition of a small wind energy facility.

12. “Wind turbine” means a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower, base, and pad.

E. Regulatory Framework.

1. Large wind energy facilities may only be constructed in areas that are zoned “A” agricultural district, “A-L” agricultural-limited district, and “C-M” commercial-manufacturing district upon approval of a special permit by the Board of Adjustment after recommendation of the County Planning and Zoning Commission.

2. Small wind energy facilities may be constructed in any zoning district as either a principal or accessory use. Small wind energy facilities that are constructed as an accessory use to a principal permitted use, and meet the setback, height, and power output requirements of this section, shall not require special permit approval, and shall only require building permit approval. All small wind energy facilities that are constructed as a principal permitted use, or small wind energy facilities that do not meet the setback, height, or power output requirements of this section, shall require special permit approval.

3. Application for a special permit, if required, for a large or small wind energy facility shall be submitted with the following information:

a. A properly filled out and signed application.

b. A signed statement indicating that the applicant has legal authority to construct, operate, and develop the wind energy facilities under state, federal and local laws and regulations, including Federal Aviation Administration (FAA), Federal Communications Commission (FCC), and state and local building codes.

c. A description of the number and kind of wind energy facilities to be installed.

d. A description of the large or small wind energy facilities’ height and design, including a cross section, elevation, and diagram of how the wind energy facilities will be anchored to the ground, prepared by a professional engineer licensed in the state of Iowa.

e. A statement from the applicant that all wind energy facilities will be installed in compliance with manufacturer’s specifications, and a copy of those manufacturer’s specifications.

f. A signed statement from the landowner(s) of the site stating that he/she will abide by all applicable terms and conditions of this section and the special permit, if approved.

g. A statement indicating what hazardous materials will be used or stored on the site, and how those materials will be stored.

h. A statement indicating how the wind energy facility will be lit, if applicable.

i. For small wind energy facilities, a site plan showing the parcel boundaries and a legal description, support facilities, access, fencing, and all other buildings on the site and within the 100 feet beyond the site.

j. For large wind energy facilities, a site plan prepared by a professional engineer or surveyor licensed in the state of Iowa, drawn to a scale of not less than one inch to 100 feet (one inch to 50 feet preferred), showing the parcel boundaries and a legal description, two-foot contours for the subject site and 100 feet beyond the subject site, support facilities, access, proposed landscaping and fencing, and all other buildings on the site and within the 100 feet beyond the site.

k. Any utility or easement locations shall be indicated on the site plan.

l. For large wind energy facilities, photo exhibits visualizing the proposed wind energy facilities.

m. For large wind energy facilities, a signed statement from the landowner(s) of the site stating that a lease has been executed or has been agreed upon by all parties and will be executed if the applicant does not own the land.

4. If required, a plan for site grading, erosion control, storm water drainage, and storm water pollution prevention plan (SWPPP) shall be submitted to the County Engineer for review and approval prior to granting building permits.

5. All other permits, including those for work done in rights-of-way, shall be applied for by the applicant to the appropriate agency prior to construction.

6. Wind energy facilities shall not include offices, vehicle storage, or other outdoor storage. One accessory storage building may be permitted per large wind turbine at the Board of Adjustment’s discretion. The size and location of any proposed accessory building shall be shown on the site plan. No other structure or building accessory to the wind energy facility is permitted unless used for the express purpose of the generation of electricity or performing other work related to the wind energy facility.

7. An applicant may submit one special permit application for the entire large wind energy facility project or small wind energy project (if required) located in Black Hawk County; provided, that a detailed map identifying the precise location of all proposed wind turbine towers is provided at time of submittal of special permit. For additional wind turbine towers proposed that were not detailed in a previous special permit approval, a new separate special permit shall be required, including a detailed map identifying the precise location of all proposed and existing wind turbine towers.

8. No grading, filling, or construction shall begin until a building permit is issued. A separate building permit shall be required for each individual wind turbine tower and appurtenant facilities prior to construction of each wind turbine tower and appurtenant facilities to be constructed.

9. For large wind energy facilities, a certificate of insurance with a minimum of $2,000,000 liability coverage per incidence, per occurrence, shall be required for the life of the facility. Each renewal period will require a copy of certificate of insurance be provided to Black Hawk County. An expired insurance certificate or an unacceptable liability coverage amount is grounds for revocation of the special permit.

10. For large wind energy facilities, the County shall require an irrevocable letter of credit, bond, or cash escrow, held in trust in favor of Black Hawk County, to recover the costs associated with removal of a use terminated large wind turbine tower and appurtenant facilities. The amount of the irrevocable letter of credit, bond, or cash escrow shall be set by the Board of Adjustment prior to special permit approval and shall remain in effect until released by Black Hawk County. The issuer of the irrevocable letter of credit or bond shall be suitable to the County.

11. A wind energy facility authorized by special permit shall be started within 12 months of special permit issuance and completed within 36 months of special permit issuance, or in accordance with a timeline approved by the Board of Adjustment. Upon request of an applicant, and for good cause, the Board of Adjustment may grant an extension of time.

12. For large wind energy facilities, the applicant shall submit a copy of all “as built plans” prepared by a professional engineer licensed in the state of Iowa including structural engineering and electrical plans for all towers following construction to the County to use for removal of large wind energy facility, if large wind energy facility owner or its assigns fails to meet the requirements of this section or the special permit.

13. For wind energy facilities requiring special permit, the Board of Adjustment may require additional conditions to ensure public health, safety, and welfare.

14. Wind energy facilities that are constructed and installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

15. Nothing in this chapter shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property not on the applicant’s site to reduce turbulence and increase wind flow to the wind energy facility. Nothing in this chapter shall be deemed a guarantee against any future growth or construction or County approvals of future construction that may in any way impact the wind flow to any wind energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.

F. General Requirements.

1. Standards.

a. No television, radio or other communication antennas may be affixed or otherwise made part of a wind energy facility, except pursuant to the regulations for wireless communication towers. Applications may be jointly submitted for wind energy facilities and wireless communication facilities.

b. Wind energy facilities shall utilize measures to reduce the visual impact of the facility to the extent possible. Facilities with multiple wind turbine towers shall be constructed with an appearance that is similar throughout the site, to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades except as otherwise provided in this section.

c. Small wind energy facilities shall be used primarily to reduce the on-site consumption of electricity.

d. For small wind energy facilities not requiring special permit approval, the maximum turbine power output rated capacity is limited to 50 kW. For small wind energy facilities requiring special permit approval, the maximum turbine power output rated capacity is limited to 100 kW. Power output rated capacity larger than 100 kW shall be deemed a large wind energy facility.

e. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage, harm from revolving machinery, and the hazard of falling ice. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower’s manufacturer’s logo or insignia may be displayed on a system generator housing in an unobtrusive manner that is not visible off site.

f. Towers shall be constructed to provide one of the following means of access control:

i. Tower-climbing apparatus located no closer than 12 feet from the ground.

ii. A locked anti-climb device installed on the tower.

iii. A locked, protective fence at least six feet in height that encloses the tower.

g. Anchor points for any guy wires shall be set back 10 feet from any property line, and shall not be on or across any above-ground electric transmission or distribution lines, and shall not be located within an easement. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.

2. Design and Installation.

a. Wind energy facilities shall be painted a nonreflective, nonobtrusive color, such as grey, white, or off-white.

b. For large wind energy facility sites, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the large wind energy facility to the natural setting and existing environment.

c. Minimum lighting necessary for safety and security purposes shall be permitted. Techniques shall be implemented to prevent casting glare from the site, except as otherwise required by the FAA or other applicable authority.

d. No form of advertising shall be allowed on the pole, turbine, blades, or other buildings or facilities associated with the use, except for reasonable identification of the manufacturer or contact information of the operator of the wind energy facility.

e. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

f. To the extent applicable, all wind energy facilities shall comply with all applicable building codes and standards.

g. Electrical controls, control wiring, and power lines shall be wireless or not above ground, except where wiring is brought together for connection to the transmission or distribution network, adjacent to that network. This provision can be waived by the Board of Adjustment for any wind energy facility approved by special permit if deemed appropriate by the Board.

h. All electrical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.

i. The owner of a wind energy facility shall defend, indemnify, and hold harmless Black Hawk County and their officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including attorney fees, arising out of the acts or omissions of the operator or the operator’s contractors concerning the construction or operation of the wind energy facility without limitation, whether said liability is premised on contract or tort. Owner’s submittal for a building permit for a wind energy facility shall constitute agreement to defend, indemnify, and hold harmless Black Hawk County and their officials.

j. The owner of a large wind energy facility (applicant) shall reimburse the Black Hawk County for any and all repairs and reconstruction to the public roads, culverts, and natural drainage ways resulting directly from the construction of the large wind energy facility. A qualified independent third party, agreed to by Black Hawk County and the applicant, and paid for by the applicant, shall be hired to inspect the roadways and drainage ways to be used or effected during construction. This third party shall be hired to evaluate, document, videotape, and rate road and drainage way conditions prior to the construction of the large wind energy facility and again within 30 days after the large wind energy facility project is complete. Any damage done by the applicant or subcontractors shall be repaired or reconstructed at the applicant’s expense.

k. Where wind energy facility construction cuts through a private or public drain tile field, the drain tile must be repaired and reconnected to properly drain the site to the satisfaction of Black Hawk County.

l. Any recorded access easement across private lands to a wind energy facility, in addition to naming the wind energy facility owner as having access to the easement, shall also name Black Hawk County as having access to the easement for purposes of inspection or decommissioning. If no such access easement exists, approval of the special permit for a wind energy facility shall constitute granting to Black Hawk County a right to access the wind energy facility for purposes of inspection or decommissioning.

m. Any wind energy turbine or facility that does not produce energy for a continuous period of 12 months shall be considered abandoned and shall be removed in accordance with the removal provisions of this section. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit for a wind energy facility shall constitute grounds for the revocation of the permit by Black Hawk County.

n. A large wind energy facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project, and shall provide updated information on such to the Planning and Zoning Department.

o. Wind energy facilities exceeding 120 feet hub height shall be of a monopole (tubular) design except in unusual circumstances as deemed appropriate by the Board of Adjustment as part of the special permit approval. For wind energy facilities not exceeding 120 feet hub height, monopole (tubular) type towers shall be favored over guyed towers, and lattice towers shall be discouraged. For towers that require special permit approval, the Board of Adjustment shall have authority to determine required design elements, including type and height.

G. Setbacks.

1. The following setbacks and separation requirements shall apply to all wind turbines:

a. Each wind turbine associated with a large wind energy facility shall be set back from the nearest nonparticipating landowner’s property line and from any other wind turbine a distance of no less than one and one-half times its total height.

b. Each wind turbine associated with a small wind energy facility shall be set back from the nearest property line a distance of no less than one and one-half times its total height, except that a wind turbine associated with a small wind energy facility may be located closer than one and one-half times its total height if written consent from the property owners to which the proposed tower would be located closer than one and one-half times its total height is obtained, or if approved by special permit. In such cases, the minimum setback from the nearest property line shall be a distance of no less than one-half times its total height. As part of the special permit approval, the Board of Adjustment may grant a waiver to the setback requirements where strict enforcement would not serve the public interest and where it is demonstrated that such a setback will not have an adverse impact on the adjoining properties; however, the setback shall generally not be less than one-half times the total height.

c. Wind energy facilities must meet all utility setbacks and/or easements. The owner of the wind energy facility is responsible for contacting the appropriate entities to determine the location of all above and underground utility lines on the site including, but not limited to, electricity, natural gas, cable television, communication, fiber optic, etc.

H. Height.

1. Small wind energy facilities not requiring special permit approval shall be limited to 80 feet hub height.

2. Small wind energy facilities requiring special permit approval shall be limited to 120 feet hub height.

3. Large wind energy facilities shall not be limited in height, except as imposed by the Board of Adjustment as part of the special permit approval.

I. Noise and Vibration.

1. Except during short-term events including severe windstorms, audible noise due to wind energy facility operations shall not exceed 60 dBA, when measured at the site property lines. If audible noise exceeds 60 dBA, the offending wind turbine must be inoperable until repairs are completed, or a waiver is obtained from affected property owners in accordance with subsection (I)(6) of this section.

2. Wind energy facilities shall not create an audible steady, pure tone such as a whine, screech, hum, or vibration.

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

4. Any noise level emanating from a wind energy facility falling between two whole decibels shall be determined to be the higher of the two.

5. Any noise monitoring or measurements, with the need determined by the Black Hawk County Planning Staff, shall be paid for by the applicant or wind energy facility owner.

6. In the event the noise levels resulting from the wind energy facility exceed the criteria listed above, a waiver to said levels may be granted; provided, that the following has been accomplished:

a. Written consent from the affected property owners has been obtained stating that they are aware of the wind energy facility and the noise limitations imposed by this chapter, and that consent is granted to allow noise levels to exceed the maximum limits otherwise allowed; and

b. A permanent noise impact easement has been recorded in the office of the Black Hawk County Recorder which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this chapter may exist on or at the burdened property.

J. Minimum Ground Clearance.

1. For small wind energy facilities, the minimum distance between the ground and any part of the rotor or blade system shall be 15 feet.

2. For large wind energy facilities, the minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.

K. Signal Interference. The applicant or wind energy facility owner shall mitigate any interference with electromagnetic communications, such as radio, telephone, computers, communication devices, or television signals, including any public agency radio systems, caused by any wind energy facility. However, in no case shall a wind energy facility be located within the microwave path of an emergency communication tower.

L. Shadow Flicker. Wind energy facilities shall attempt to avoid shadow flicker in any off-site residences. The wind energy facility owner and/or operator shall make reasonable efforts to minimize or mitigate shadow flicker to any off-site residence to the satisfaction (determination) of the Zoning Administrator. Any off-site residence owner or wind energy facility owner may appeal the determination of the Zoning Administrator to the Board of Adjustment, as provided in BHCC 18.130.040(C)(1).

M. Ice Shedding. The wind energy facility owner and/or operator shall ensure that ice from the wind turbine blades does not impact any off-site property.

N. Waste Management. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state, and federal rules and regulations.

O. Safety.

1. Wind turbine towers shall not be climbable up to 15 feet above ground level and all large wind turbine tower access ladders must be located inside of the tower.

2. All access doors to wind turbine towers and electrical equipment shall be locked.

3. Any accessory structure on site of a large wind energy facility shall have a concrete roof to protect the structure from snow and ice shedding.

4. Appropriate warning and caution signage shall be placed on wind turbine towers, electrical equipment, and large wind energy facility entrances.

5. A large wind energy facility site and all structures shall have an annual inspection report of structural stability by a professional engineer licensed in the state of Iowa, at cost to the large wind energy facility owner, with a report filed with the Black Hawk County Planning and Zoning Department. Any deficiencies found shall be repaired in a timely manner.

6. The owner/operator of a large wind energy facility shall test for stray voltage before, during, and after construction upon request by the Zoning Administrator.

7. All substations shall be fenced to prevent public access. The provisions of BHCC 18.115.020 shall apply.

8. The owner/operator of a large wind energy facility shall post and maintain at each facility a clearly posted 24-hours-a-day manned telephone number in case of an emergency.

9. The owner/operator of a large wind energy facility shall provide qualified personnel to conduct training sessions to emergency responders whenever requested.

10. The owner/operator of a large wind energy facility shall provide a company representative to accompany the Fire Department Fire Inspector during site visits. The owner/operator of a large wind energy facility shall comply with all applicable laws regarding those inspections.

11. The owner/operator of a wind energy facility shall be responsible for the total cost of any incident(s) that occur on or at their facilities and/or properties.

P. Removal.

1. All wind generators and appurtenances shall be removed from the site within six months of use termination notice to Black Hawk County by the owner of the facility or its assigns, or within three months of permit revocation by Black Hawk County. Upon request of the owner or assigns of the wind energy facility, and for good cause, the Zoning Administrator may grant a reasonable extension of time.

2. The site shall be stabilized, graded, and cleared of any debris by the owner of the facility or its assigns. If site is not to be used for agricultural practices following removal, site shall be seeded to prevent soil erosion.

3. Any foundation shall be removed to a minimum depth of four feet below grade, or to the level of the bedrock if less than four feet below grade, by the owner of the facility or its assigns. Following removal, the location of any remaining wind turbine foundation shall be identified on a map as such and recorded with the deed to the property with the office of the Black Hawk County Recorder.

4. Any access roads shall be removed, cleared, and graded by the owner of the facility or its assigns, unless the property owner wants to keep the access road. Black Hawk County will not be assumed to take ownership of any access road unless through official action of the Board of Supervisors.

5. Any expenses related to the decommissioning and removal shall be the responsibility of the wind energy facility owner, including any expenses related to releasing any easements.

6. Removal shall conform to the contract between property owner and the owner/operator of a wind energy facility, in addition to the requirements set forth in this chapter.

Q. Violation and Permit Revocation.

1. All wind energy facilities shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a wind energy facility become inoperable, or should any part of the wind energy facility be damaged, or should a wind energy facility violate a permit condition, the owner/operator shall remedy the situation within three months after written notice from Black Hawk County. Upon request of the owner or assigns, and for good cause, the Zoning Administrator may grant a reasonable extension of time.

2. Notwithstanding any other abatement provision, if the wind energy facility is not repaired or made operational or brought into compliance after said notice, the Board of Supervisors may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, (a) order either remedial action within a specified timeframe, or (b) order revocation of the permit and require the removal of the wind energy facility within three months. For large wind energy facilities not removed within the specified time period, Black Hawk County shall have the right to use the irrevocable letter of credit, bond, or cash escrow to cover the costs associated with removal of the large wind energy facility.

3. Any wind energy facility that does not meet the requirements of this chapter, including but not limited to those dealing with noise, height, setback, or visual appearance, or does not meet any conditions attached to approval of the wind energy facility, shall be deemed an unlawful structure and shall provide grounds for the revocation of the permit. [Ord. 113, 2011; Ord. 86, 2004; Ord. 36 § 7(V)(3). Code 2009 App. A, § 7(V)(3).]

18.70.250 Land evaluation and site assessment (LESA) system.

Black Hawk County has adopted, in a separate report, a LESA system, and shall use it to evaluate agricultural land viability in relation to its land use decision-making processes. All requests for zoning ordinance map amendments, use exception permits, and conditional use permits shall be evaluated using LESA. The Zoning Administrator or designee shall calculate LESA scores on the parent parcel. The Zoning Administrator or designee has the authority to make interpretations, within the parameters set in the LESA worksheets, to calculate the score.

For the purposes of implementing the Black Hawk County LESA system, parent parcels having scores in the following ranges shall be classified in the following manner:

Classification	LESA Score Range
Low Agricultural Value	0 – 196
Moderate Agricultural Value	197 – 241
High Agricultural Value	242 – 300

General regulations for each classification range are as follows:

A. Low Agricultural Value. Sites classified as having low value for agriculture may allow development, but it is strongly suggested that the County determine and consider what factors cause the LESA score to be classified as “low.” Once determined, the County should discourage development that may occur in environmentally sensitive areas including areas with wetlands, floodplains, steep slopes, and poor soils. In summary, having a low score does not assure a property owner that a rezone or development will automatically be approved. It does, however, provide the property owner with some level of assurance that the site does not have significant agricultural value and that the likelihood of development is possible.

B. Moderate Agricultural Value. Sites classified as having moderate value for agriculture will provide some latitude for the County to consider development on a case-by-case basis. Obtaining a moderate score does not assure a rezoning request will be approved, nor does it necessarily doom a request either. These sites will provide the County an opportunity to determine whether there are overwhelming factors that should prevent or allow development. Again, it is strongly suggested that the County determine and consider what factors caused the LESA score to be classified as “moderate.”

C. High Agricultural Value. Land that is classified as having high value agricultural land means that development should be strongly discouraged in almost every case. Generally, these sites are reserved for agricultural activities and protected from urban development or urban use encroachment. Only under very unique circumstances are these sites to be developed and only after compelling evidence is provided. The Board of Supervisors shall give written reasons as to the specific, unique circumstances and compelling evidence before approving a rezoning request on high value agricultural land. For the purpose of defining “unique circumstances” and “compelling evidence,” Black Hawk County shall consider but not be limited to the criteria below. Meeting one or more of these criteria will not constitute approval, as each request will be reviewed and evaluated based on its individual circumstances:

1. Area has not been in active row crop production or conservation reserve program (CRP) for the previous 15 years.

2. Area is not conducive to production by reason of parcel size or shape.

3. Area is compatible with surrounding uses by reason of similar adjacent uses. [Ord. 115, 2011; Ord. 86, 2004; Ord. 80, 2003; Ord. 36 § 7(W), 1995. Code 2009 App. A, § 7(W).]

18.70.260 Table 1.

Table 1. Bulk Requirements
District Use	Maximum Height	Minimum Lot Area	Minimum Lot Width	Minimum Front Yard	Minimum Side Yard	Minimum Rear Yard
Agricultural “A” and Agricultural-Limited “A-L” Districts
Farm Dwelling	–	35 acres	330 feet	50 feet	25 feet	50 feet
Mobile Home	–	35 acres	330 feet	50 feet	25 feet	50 feet
Single-Family Dwelling (when permitted)	–	1.5 acres	150 feet	50 feet	25 feet	50 feet
Other Permitted Structures	–	–	–	50 feet	25 feet	50 feet
Accessory Buildings	–	–	–	50 feet	25 feet1	50 feet1
Agricultural-Residential “A-R” District
Single-Family	2.5 stories or 35 feet, whichever is lower	1.5 acres	150 feet	50 feet	25 feet	50 feet
Other Permitted Structures	2.5 stories or 35 feet, whichever is lower	1.5 acres	150 feet	50 feet	25 feet	50 feet
Accessory Buildings	18 feet	–	–	50 feet	25 feet1	50 feet1
Residential-Suburban “R-S” District
Single-Family	2.5 stories or 35 feet, whichever is lower	15,000 sq. feet	80 feet	30 feet	10 feet	30 feet
Other Permitted Uses	2.5 stories or 35 feet, whichever is lower	7,500 sq. feet	80 feet	30 feet	10 feet	30 feet
Accessory Buildings	1 story or 18 feet, whichever is lower	–	–	30 feet	10 feet1	30 feet1
Residential-Multiple “R-M” District
Single-Family	3 stories or 45 feet, whichever is lower, except additional height for additional stories may be added at a rate of 2 feet in height for each foot that the structure is set back from the required yard lines	7,500 sq. feet	75 feet	30 feet	10 feet	30 feet
Two-Family		10,000 sq. feet	75 feet	30 feet	10 feet	30 feet
Multiple-Family		10,000 sq. feet	75 feet	30 feet	10 feet	30 feet
Mobile Home Park Unit Requirements		1 acre 1,500 sq. feet	100 feet 25 feet	30 feet 10 feet	10 feet 10 feet	30 feet 10 feet
Other Permitted Structures		7,500 sq. feet	75 feet	30 feet	10 feet	30 feet
Accessory Buildings	1 story or 18 feet, whichever is lower	–	–	30 feet	10 feet1	30 feet1
Commercial “C” District
Permitted Structures	2 stories or 35 feet, whichever is lower	7,500 sq. feet	50 feet	30 feet	10 feet	30 feet
Accessory Buildings	2 stories or 35 feet, whichever is lower	–	–	30 feet	10 feet1	30 feet1
Commercial-Manufacturing “C-M” District
Principal and Conditional Uses	3 stories or 48 feet, whichever is lower	7,500 sq. feet	50 feet	30 feet	10 feet	–

Notes:

Lot area requirements shall be computed exclusive of street, road, alley, waterway, or highway right-of-way.

1 Accessory buildings to be placed in the rear yard may reduce the minimum side and rear yard requirements to four feet. Accessory buildings to be placed in the side or front yard (if permitted) may reduce the minimum side yard requirements to 10 feet.

[Ord. 86, 2004; Ord. 82, 2003; Ord. 74, 2002; Ord. 36 § 7, 1995.]