Revised Zoning Ordinance For Unincorporated Marshall County, Iowa

ARTICLE VII

RESIDENTIAL DISTRICT "R-1"

SECTION 1. STATEMENT OF INTENT. The "R-1" District is intended and designed to provide for the development of both low and medium density single family subdivisions in the rural areas. This District is not intended to permit isolated rural dwellings, nor is it intended for commercial uses. Any land rezoned to "R-1" shall be located on adequately constructed and paved County or State roads.

Subsection A. No (R-1) Residential District shall be created closer than two thousand (2,000) feet to any existing feed lot, confinement facility or confinement poultry farm.

SECTION 2. PERMITTED USES. Only the use of structures and land listed in this Section shall be permitted in the "R-1" District.

Subsection A. Single Family Dwellings.

Subsection B. Developmentally disabled group homes in compliance with Chapter 335.25, 1995 Code of Iowa.

Subsection C. Family Homes including Elder Family Homes.

Subsection D. Child Day Care facilities serving six (6) or fewer children and operating only between the hours of 6:00 a.m. and 7:00 p.m.

Subsection E. Churches and other places of worship and Sunday School buildings.

Subsection F. Public Schools and private education institutions having a curriculum comparable to that given in public schools and having no rooms regularly used for housing or sleeping except such quarters as are necessary for custodians.

Subsection G. Parks and conservation areas.

SECTION 3. PERMITTED ACCESSORY USES. The following are permitted accessory uses in the "R-1" District:

Subsection A. Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

Subsection B. Home occupations entirely within the residential structure.

Subsection C. Accessory utility services and equipment for use by adjacent properties.

Subsection D. Bed and Breakfast Homes. A Certificate of Compliance must be applied for and may be issued upon meeting the criteria set forth in Article VI, Section 3, Subsection A, (6) (a-g).

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's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
  8. 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 4. LOT AREA, FRONTAGE AND YARD REQUIREMENTS.

The following minimum requirements shall be observed in the "R-1" District:

Use

Lot Area

Frontage/Lot Width

 Lot Area per Family

Single family dwelling

1 acre

100 ft.

1 acre

All other permitted uses

1 acre

200 ft.

1 acre

SET-BACK REQUIREMENTS

Use

 Front

 Side

 Flag

Rear

Single family dwelling

35 ft.

15 ft.

15 ft.

35 ft.

All other permitted uses

35 ft.

15 ft.

15 ft.

35 ft.

MINIMUM GROUND FLOOR AREA*

One Story: 1,000 sq. feet Two Story: 800 sq. feet
*(Exclusive of open porches, garages or steps.)

SECTION 5. 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.

Subsection C. Animals and livestock other than household pets including but not limited to dogs, cats, and other small animals. Commercial kennels are prohibited in this District.