Revised Zoning Ordinance For Unincorporated Marshall County, Iowa

ARTICLE XI

HEAVY INDUSTRIAL DISTRICT "C-2"

SECTION 1. STATEMENT OF INTENT. This District is intended and designed to accommodate uses of a heavy industrial nature. The purpose of this District is to permit the normal operation of industry subject to regulation of those nuisance factors which may be detrimental to adjacent properties. This District should be located only in sound industrial locations with direct access to highways and other needed transportation facilities and utilities. No residences shall be permitted in this District. No commercial uses are permitted except those incidental to the permitted uses.

SECTION 2. PERMITTED USES.

Subsection A. Only the use of structures and/or land listed in this Section shall be permitted in the C-2 District.

(1) Any industrial use, process or treatment whatsoever, including sale at wholesale, storage, sale at retail of products manufactured or processed on the premises, repair, rental and servicing of any commodity.

(2) Acid manufacture and other chemical manufacturing processing.

(3) Bulk plants including storage of petroleum products.

(4) Cement, hydrated lime, gypsum and other similar materials manufacture.

(5) Distillation of bones.

(6) Explosive manufacture and storage.

(7) Public sewage disposal and treatment plants.

(8) Starch manufacture.

(9) Concrete mixing, concrete products manufacture.

(10) Fat rendering, fertilizer or glue manufacture.

(11) Garbage, offal or dead animal reduction.

(12) Grain elevators and/or feed mills.

(13) Petroleum or its products, refining or wholesale storage of, and asphalt plants.

(14) Salvage and/or junkyards, including auto wrecking and salvage, used parts sales and junk, iron, rags or paper storage or baling. No part of the front yard is to be used for the conduct of business in any manner except for parking of customer or employee vehicles. Any premises on which such activities are conducted shall be wholly enclosed with a building or by a wall or fence, reasonably maintained, not less than six (6) feet in height, and in which the cracks are less than fifteen (15) percent of the area.

(15) Slaughter houses, meat-packing and processing plants and stockyards.

(16) Hide trading.

(17) Other similar uses.

Subsection B. This section is reserved for future use.

Subsection C. This section is reserved for future use.

Subsection D. This section is reserved for future use.

Subsection E. Non-Commercial WECS. Subject to the following standards:

1. Tower Height: Parcels smaller than one acre are not recommended for the placement of WECS, and must seek a special use permit. For property sizes between one acre and two acres the tower height shall be limited to 80 ft. For property sizes of two acres or more, there is no limitation on tower height, except as imposed by FAA regulations.

2. Setback: No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site.

3. Noise: Non-Commercial WECS shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

4. Engineer Certification: Applications for Non-Commercial WECS 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 a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer.

5. Compliance with FAA Regulations: Non-Commercial WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

6. Compliance with National Electric Code: Applications for Non- Commercial WECS 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. This information is frequently supplied by the manufacturer.

7. Utility Notification: No Non-Commercial WECS shall be installed until evidence has been given that the utility company has been informed of the customer' intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

All wind turbines must set-back the height of the turbine (base to tip of the blades full extended upward) from any lot line or right-of-way lines.

SECTION 3. LOT AREA, FRONTAGE AND YARD REQUIREMENTS.

The following minimum requirements shall be observed in the "C-2" District:

Use

Lot Area

Frontage/Lot Width

 Lot Area per Family

All uses

No minimum

No minimum

No minimum

All other permitted uses

No minimum

No minimum

No minimum

SET-BACK REQUIREMENTS

Use

 Front

 Side

 Flag

Rear

All Uses

50 ft.

No mininum**

20 ft.

20 ft.

All other permitted uses

50 ft.

No mininum**

20 ft. 2 ft.
* 5 ft. from alley lines.
**except when adjoining any residential district or use, in which case fifteen (15) feet shall be required

SECTION 4. OFF-STREET PARKING AND LOADING. Space for off-street parking and loading shall be provided in accordance with the provisions herein.

SECTION 5. SITE PLANS. Site plan requirements shall be in accordance with Article XVI.

SECTION 6. REQUIRED CONDITIONS. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, obnoxious or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter or water-carried waste. All facilities required for the discharge, collection and treatment of liquid, solid or gaseous waste shall be designed, constructed and operated in accordance with all statutes and regulations of the State of Iowa.

SECTION 7. PROHIBITED USES. The following uses are prohibited in this district:

Subsection A. Adult book stores, adult motels, adult movie arcades/theaters, friendship clubs, dating clubs or services, escort services, nude modeling studios, establishments for nude encounter sessions, massage parlors or any other business oriented toward titillation or gratification of sexual feelings or desires of patrons.

Subsection B. Junkyards and junk cars not stored in a building or permanent structure as described previously in this Article.

Subsection C. Animals and livestock except as previously allowed in this Article.