Article 16. Additional Use Regulations

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Section 16.1. INTENT.

These additional use regulations are applicable in all zoning districts in addition to those guidelines set forth in the zoning district regulations. In event of any conflict in provisions, the more restrictive provision shall apply unless specifically indicated to the contrary.

 

Section 16.2. ACCESSORY BUILDINGS.

The purpose of these provisions is to establish the relationship among principal and accessory uses and to establish provisions governing the conduct of accessory uses. Accessory buildings and uses customarily incidental to that of the principal building may be erected, placed, constructed, moved or established as permitted provided they comply with the following limitations:

Accessory buildings that are structurally part of or attached to the principal building shall conform to the site development regulations of the lot. In this instance, attached shall be considered a shared roof line or a shared common wall.

Accessory buildings are not permitted within any portion of the front yard.

Accessory buildings shall not be erected in any required side yard and such accessory building shall not be nearer to the side yard lot lines than would be required for the building wall of a main building on the same lot.

Accessory buildings may be constructed up to within five feet (5’) of the rear lot line.

Accessory buildings in any district may be allowed as the only principal structure on a separate parcel or platted lot so long as the accessory building lot is adjoining the lot upon which the principal use it is associated with. In this instance, adjoining lot shall mean lots side by side or front to back, but not extending across alleys or streets. Such lots containing separate principal and accessory uses shall be legally tied together in the deed of the principal use and shall not be sold separately in the future. Within the R-1, R-2, and R-3 districts, accessory buildings allowed on a separate lot shall only be permitted in accordance with the above regulations and upon review and approval of a Conditional Use Permit from the Board of Adjustment.

Residential accessory buildings shall be limited to a maximum of two (2) buildings, including a detached garage, of which all total accessory buildings in any required yard area shall not occupy more than thirty percent (30%) of the rear yard area. However, if a property has a small rear yard this regulation shall not be prohibitive by not allowing usable accessory buildings. In the case of small rear yards, the 30% rule shall not prohibit the construction of at least one garage not to exceed six hundred square feet gross building area and at least one accessory storage building not to exceed one hundred twenty square feet gross building area.

If a garage door directly faces an alley, there must be a fifteen feet (15’) minimum setback.

Accessory buildings with a permanent foundation shall not be erected within five feet (5’) of any principal dwelling unit, other building, or required lot line.

Accessory buildings shall not be erected, placed, located or constructed on any required or permanent easements.

Accessory buildings, including siding and roofing materials, shall not be constructed from galvanized metal, but not to exclude the use of standing seam metal roofs or other fabricated or painted metal siding or roof shingles.

Accessory buildings in any residential district shall be designed and constructed with an architectural style and use of materials compatible with the character and appearance of other residential uses in the neighborhood.

Any accessory building constructed on a lot with no principal building shall have and maintain a similar exterior appearance as the principal building for which it is associated with.

Detached accessory buildings shall not exceed a height of 18 feet in residential districts and 25 feet in commercial or industrial districts, but in no circumstance shall the accessory building have a total height greater than that of the principal housing unit or building on the property.

Accessory buildings shall not be constructed upon a lot until the construction of the principal building commences; and accessory buildings shall not be used unless the principal building on the lot is also being used.

Accessory buildings shall not be used for dwelling purposes.

For the purposes of this ordinance, a gasoline dispensing pump is not an accessory structure.

 

Section 16.3. PORTBALE ACCESSORY BUILDINGS AND STORAGE STRUCTURES.

“Storage Structure” shall mean one of the following definitions:

Membrane storage structure: A temporary structure consisting of a frame covered with a plastic, fabric, canvas, aluminum or other non-permanent material, which is used to provide temporary storage for vehicles, boats, recreational vehicles or other personal property. The term also applies to structures commonly known as hoop buildings or tent garages; but shall not apply to carports permanently or physically attached to the ground or other structure or temporary tents and canopies used for special events such as weddings or graduations.

On-demand or on-site storage structure: Any portable or permanent storage container, storage pod, storage unit, receptacle or other portable structure used for the storage of personal or commercial property located outside an enclosed building. The term does not include temporary or permanent residential sheds, garages, outbuildings or membrane storage structures.

The term “storage structure” shall not apply to a truck trailer or semi-trailer while it is actively being used for the transportation of materials, inventory or equipment and is temporarily located adjacent to a loading dock. A storage structure may be used as a construction site trailer but only during construction on the site.

All Residential zoning districts.
Temporary membrane storage structures are not permitted on any residential properties. A permanent membrane storage structure with a hard roof (such as a carport structure) may be permitted on any property if the structure is permanently attached to the ground, concrete driveway or hard surface, or permanently attached to a principal or accessory structure. A temporary portable on-demand or on-site storage structure may be kept within the yard areas on any residential property for a maximum of 30 days for purposes of packing, shipping or moving materials from a permanent structure.

All Commercial, Industrial and other zoning districts.
A permanent or temporary storage structure for other than residential purposes is permitted but shall be located on the property within the permitted rear or side yard areas so as not to obstruct any drive access or block required off-street parking spaces. Where a business or industry is located on a through lot or corner lot, any on-site storage structure must be screened appropriately from adjoining properties or streets. Membrane storage structures may be permitted for temporary storage or seasonal promotion or sale of products.

 

Section 16.4. TEMPORARY USES AND BUILDINGS.

Provisions authorizing temporary uses are intended to permit occasional, temporary uses when consistent with the purposes of this ordinance and when compatible with other nearby uses.

Temporary Use Types: The following types of temporary uses may be authorized by the Zoning Administrator, subject to specific limitations herein and such additional conditions as may be established by the Zoning Administrator.

  1. Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project, in which case such temporary building(s) shall be removed within thirty (30) days after completion or abandonment of the construction.
  2. Religious, patriotic, or historic assemblies, displays, or exhibits.
  3. Outdoor special sales, including swap meets, flea markets, parking lot sales, or similar activities, limited to locations in commercial or industrial districts, and when operated not more than 3 days in the same week or more than 5 days in the same month.
  4. Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities no closer than 200 feet to an existing residential dwelling.
  5. Outdoor art and craft shows and exhibits.
  6. Christmas tree or other holiday sales lots
  7. Temporary signs relating to temporary uses.
  8. Temporary use of trailer units or storage units for nonresidential uses, and limited to a maximum period of 6 months per calendar year.
  9. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises.
  10. Additional similar uses determined to be temporary by the Zoning Administrator.

Required Conditions of Temporary Use: Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of temporary use upon completion or removal of the use. The Zoning Administrator may establish such additional conditions as deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses, including but not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use.

Determination and Authorization: The Zoning Administrator may authorize a temporary use only when, in the Zoning Administrator’s judgement, the temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site; will be compatible with nearby uses in the general vicinity and will not create traffic hazards or otherwise interrupt or interfere with the normal conduct of uses in the vicinity. Any temporary use authorized pursuant to these provisions shall not be exempted or relieved from compliance with any other ordinance, law, permit, or license applicable to such use.

 

Section 16.5. HOME OCCUPATIONS.

Home occupations as an accessory to residential uses shall be subject to the following limitations.

The use must be clearly incidental and conducted as a secondary use and in such a manner as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term.

The home occupation shall be conducted entirely within a dwelling unit that is the bona fide residence of the practitioner(s), or entirely within an attached or detached accessory building (not to include a carport, driveway, yard or outside area).

The home occupation is carried on by a member of the primary residence where the home business is located, and only one (1) unrelated person living outside the residence and members of the immediate family may be employed in the home occupation.

The residential character of the lot and dwelling shall be maintained. The exterior of the dwelling shall not be structurally altered so as to require compliance with nonresidential construction to accommodate the home occupation.

The home occupation shall not generate customer related vehicular traffic substantially in excess of the normal anticipated residential neighborhood traffic.

No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises.

Home occupations may have only one flush mounted, non-illuminated sign not exceeding four (4) square feet.

In addition to one flush mounted sign, home occupations shall be permitted to have one yard sign, not exceeding four (4) square feet and four (4) feet in height. Such yard sign shall not be illuminated.

The home occupation shall not produce unreasonably offensive noise, vibration, smoke, dust, odor, heat, glare, fumes, waste run-off or excessive parking rendering such dwelling or property objectionable and detrimental to the residential character of the neighborhood.

The use must not infringe upon the right of neighbors to enjoy peaceful and healthy occupancy of their home for which purpose the residential district was created and primarily intended.

Daycare services, as a home occupation, are permitted according to state regulations.

The following businesses or occupations shall not be permitted as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, junk yards, restaurants, rental outlets, automotive or vehicle repair, tattoo parlors, bars, or any adult entertainment.

 

Section 16.6. RECREATIONAL VEHICLES.

Recreational vehicles may be parked for seasonal use (short term use) on a driveway within a front yard, but not upon the right-of-way, in residential districts provided the view of the street is not obstructed as to vehicular ingress and egress. Recreational vehicle may be parked or stored (long term use) within the side yard or rear yard of a residential lot, or within an enclosed garage. For purposes of long term storage, including all year long or a period of time exceeding 30 consecutive days, recreational vehicles parked within side yards of a property shall not be located in front of a line parallel to the front of the principal structure on the lot.

Recreational vehicles are permitted and encouraged to be located within designated campgrounds, recreational vehicle parks and other typical recreation areas.

Recreational vehicles shall be customarily or ordinarily used for vacation or recreation purposes and not used as a place of human habitation for more than fourteen (14) consecutive days in any three (3) month period.

Recreational vehicles shall not be used for permanent human occupancy in any zoning district.

Recreational vehicles shall not be used for business purposes in any zoning district.

 

Section 16.7. RESIDENTIAL DWELLING STANDARDS.

All structures intended for residential occupancy placed, erected, assembled or constructed after the effective date of this ordinance shall meet and comply with the following requirements:

Structure Size: Every residential dwelling, including all site-built dwellings, factory built dwellings, and mobile or manufactured homes located outside of a mobile home park or manufactured housing subdivision shall have a main body with a minimum exterior dimension on the shortest side of at least twenty-four feet (24’) measured from outside of the exterior walls, exclusive of attached garages, porches, or other attached accessory structures. A dwelling may include porches, sunrooms, garages and wings of lesser dimensions and area, so long as the main body meets minimum requirements.

Minimum Floor Area: A minimum floor area of not less than eight hundred (800) square feet.

Foundation: All residential structures shall have a continuous and complete frost protected perimeter foundation, except that a perimeter foundation shall not be required for a mobile or manufactured home if a perimeter foundation in incompatible with the structural design of the building. For such a mobile or manufactured home, a permanent foundation may be a pier footing foundation system designed and constructed to be compatible with the structure and the conditions of the site. Foundation materials may be masonry, poured concrete, wood or metal and must extend below the normal frost line or be an approved frost-free permanent foundation. The structure must be permanently attached to the foundation.

Exterior Materials: Smooth, unfinished or corrugated sheet metal or sheet fiberglass shall not be used for exterior wall or roof covering. This shall not preclude the use of customarily recognized metal siding, roofing or shingles such as standing seam, embossed or textured metal. Soffits and/or eaves, window and door trim, roofs and coverings over bay and bow windows and doors may be smooth finished metal, vinyl or wood or unfinished metal, such as copper, customarily used for residential structure trim.

Roof Pitch: All dwelling units that have a pitched roof shall have a minimum roof pitch of 3:12. This requirement shall not apply to mobile or manufactured housing if the structure complies with 42 U.S.C., Section 5403.

Wheels, Axles or Towing Device: No residential dwelling shall have attached wheels, axles, or a towing device.

Exemption: The provisions of this section shall not apply to mobile homes or manufactured housing placed in a mobile home park in compliance with the remaining regulations in this zoning ordinance.

 

Section 16.8. ARCHITECTURAL DESIGN STANDARDS.

As part of the submittal of a site plan for development within any of the zoning districts and for any of the uses except one and two family dwellings, architectural plans for buildings shall be submitted for review and approval by city staff as part of the permitting process. Documentation to be submitted shall include drawings showing the building’s design and a description of structural and exterior materials to be used, on all sides. The following standards shall be used by the city staff to review architectural plans:

Non-Residential uses in RESIDENTIAL districts: Any building used for a permitted or conditional use non-residential use in any residential district shall be designed and constructed with architectural styling and use of materials compatible with neighboring residential uses.

All uses within COMMERCIAL and INDUSTRIAL districts: Buildings within commercial and industrial districts shall be designed, having as a primary element of the building exterior: fascia glass, wood siding, stucco, vinyl, brick, concrete panels, finished or painted metal or aluminum siding, ribbed metal panels, textured concrete block or stone. These materials shall make up at least a majority of the front elevation (street side) building wall of the structure. No Masonite, asphaltic wall material, non-architectural galvanized sheet metal, non-textured concrete block, or other similar materials shall constitute a major portion of any building except as a trim material, unless city staff shall determine said material when used as a primary element, does not distract from the physical appearance of the building. The architectural design and use of materials for the construction shall be reviewed as part of any site plan.

 

Section 16.9. ADULT ENTERTAINMENT REGULATIONS.

The City of Rock Valley finds that adult entertainment establishments require special consideration in order to protect and preserve the health, safety, and welfare of the patrons of such establishments as well as the citizens of Rock Valley. Such adult entertainment businesses, because of their very nature, have a detrimental effect on both existing uses surrounding them and adjacent residential areas. Adult entertainment establishments often times have serious objectionable operational characteristics, thereby contributing to blight and downgrading the quality of life in the adjacent area. The concern over sexually-transmitted diseases is a legitimate health concern of the city that demands reasonable regulation of such establishments to protect the health and well- being of the community. The community wants to prevent such adverse effects and thereby preserve the health, safety and welfare of its residents, protect residents from increases in crime; preserve the city’s quality of life; and preserve the property values and character of the surrounding area while deterring the spread of blight. A full listing and explanation of Adult Entertainment definitions, regulations and violation penalties can be fully seen and reviewed in Chapter 124 of the Code of Ordinances, Rock Valley, Iowa. It is not the intent of this ordinance or Chapter 124 “Adult Entertainment” of the Rock Valley Municipal Code to suppress any free speech activities protected by the First Amendment, but enact content neutral regulations to address the secondary effects of adult-oriented establishments as well as the health problems associated with such establishments.

 

Section 16.10. COMMUNICATION TOWERS.

The purpose of this section is to provide for the regulation of contractors engaged in the construction, erection, placement or location of freestanding communications towers in the City of Rock Valley. These regulations do not apply to television, satellite dish, or other residential communication antennas attached to a structure or accessory building and primarily used for personal or residential enjoyment.

Communication towers shall be permitted under a conditional use permit in every zoning district within the city. The conditional use application shall include drawings, plans and other necessary documents describing the intent, layout, and construction or installation.

“Communication Tower” means a structure, tower, antenna or other facility primarily engaged in the provision of broadcasting and information relay services accomplished through the use of electronic, cellular or other mechanisms but exclude those classified as Major Utility Facilities. Typical uses include but not limited to telecommunication towers, radio, cellular and other receiving towers, antennas or structures and amateur radio communications including voluntary and noncommercial communication services.

The construction and maintenance of a communication tower shall be permitted to the owner of the tower as specified in the conditional use permit only upon compliance with all applicable ordinances of the City of Rock Valley. The permit shall be of indefinite duration and remain in effect so long as the tower remains in compliance with applicable city ordinances. A conditional use permit for communication towers may be revoked upon notice to the owner and following opportunity for a public hearing before the Board of Adjustment, for a violation of any applicable city ordinance, state or federal statute or regulation.

The issuance of a conditional use permit for construction or installation of communication towers shall not relieve any permittee, applicant or owner from compliance with all legal requirements or from liability for damage or loss resulting from the placement, construction or maintenance of the tower. The City of Rock Valley assumes no liability whatsoever by virtue of the issuance of a conditional use permit for a communications tower.

The minimum distance from the base of the tower to the nearest property line of the tower site shall not be less than one hundred ten percent (110%) of the tower height, except that no setback shall be less than any required yard setbacks in the zoning district.

Communication towers shall be exempted from height limitations identified in this ordinance. In all instances the height of a communication tower shall be measured from the base of the tower or structure of which it is attached, to the tip of the structure, antenna or tower being measured.

The communication tower base shall be designed or constructed to provide a secure environment and unauthorized access to the tower base.

All communication towers shall be maintained and operated in compliance with the standards adopted by the Federal Communications Commission concerning electromagnetic field emissions.

The city shall not restrict or deny the use of amateur radio antennas or towers for the personal enjoyment and use of the owner(s) and shall comply with Title 47 of the Code of Federal Regulations, Part 97 (FCC rules for amateur radio).

In order to avoid unnecessary duplication of communications towers, businesses engaged in wireless communication requiring the use of communications towers are required to utilize joint or multiple use of all existing and proposed towers. An application for a conditional use permit for a communication tower shall include verification that the applicant has considered the use of existing towers and include a detailed explanation establishing that the use of an existing tower is economically or technically not feasible. Each owner of a tower placed and constructed pursuant to a conditional use permit issued under this ordinance shall, to the extent technically feasible, lease tower capacity to other wireless communication providers at commercially reasonable rates and terms.

Abandoned or decommissioned communication towers shall be removed within one year after the discontinuance of such use, and it shall be the responsibility of the structure owner and property owner to have such tower properly removed or dismantled.

 

Section 16.11. WIND ENERGY DEVICES.

The purpose of this section is to oversee the permitting of wind energy devices and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of wind energy systems.

Definitions.

  1. Commercial Wind Energy Device – any wind energy device with a nameplate capacity of more than 100kw of which its primary intent is to generate electrical power to be sold to utility or power companies.
  2. Meteorological Tower – any meteorological, measuring or surveying equipment erected on or attached to any tower, monopole, or guyed structure to verify the wind and weather resources found within a certain area. Meteorological towers are also subject to permitting on both temporary and permanent structures.
  3. Owner/Developer – the individual or entity that intends to own and operate the wind energy system in accordance with this ordinance.
  4. Rotor Diameter – the cross sectional dimension of the circle swept by the rotating blades.
  5. Small Wind Energy Device – a wind energy system that is used to generate electricity and has a nameplate capacity of 100kw or less. Wind energy devices with a generating capacity of 20kw or less may be used for residential or personal use. A wind energy device with a generating capacity between 20kw and 100kw is considered small wind energy for commercial/industrial applications. A wind energy device is considered “small” only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supply by a utility company, excess electrical power generated 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.
  6. Total Height – the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
  7. Tower – a monopole, freestanding, or guyed structure that supports a wind generator.
  8. Wind Energy Device any equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, wire, inverter, batteries or other components used in the system. The term wind energy device often refers to and includes wind towers, wind turbines, wind generators, windmills or wind energy conversion systems.

Wind Energy Location and Height Requirements.
Commercial wind energy devices shall not be permitted within any defined residential zoned district. Commercial wind energy devices shall be limited to a total height of 250 feet within 1,320 feet of any residential zoned district. Both commercial and small wind energy devices shall be exempted from height limitations identified in this ordinance.

Wind Energy Setback Requirements.
Commercial wind energy devices shall be set back a distance equal to 110% of its total height from any public right of way, overhead utility lines or adjacent property lines not under the same ownership unless written consent is granted by the property owner or entity with jurisdiction over the street, utilities or adjacent properties. With that stated, those wind energy devices that are located on land adjacent to property under the same ownership may have the property line setback waived; however, the setbacks still apply to overhead utility lines and public right-of-ways.

Small wind energy devices located on a freestanding pole or other structure must maintain a setback distance equal to 110% of its total height from any public street or road right-of-way, overhead utility lines or adjacent property lines not under the same ownership unless written permission is granted by the property owner or entity with jurisdiction over the street, utilities or adjacent properties.

Wind Energy Placement or Spacing.
Commercial wind energy device spacing will vary depending on common industry practice and manufacturer specifications. The owner/developer shall consider the public interest and the natural environment, and maintain the intent and purpose of this ordinance.

Small wind energy devices designed for residential or personal use shall be erected on either a freestanding pole or tower. In all residential zoned districts, no small wind energy device or accessory structures shall be permitted within the front yard.

Utility notification and interconnection.
Commercial wind energy devices that connect to the electric utility shall comply with all local, state and federal regulations regarding the connection of energy generation facilities.

Small wind energy devices shall not be installed until evidence has been given that the utility company has authorized interconnection of the small wind device to its electric distribution or transmission, under an agreement approved by and subject to regulation adopted by the Iowa Utilities Board. Small wind energy devices not connected to a public utility system shall be exempt from this requirement.

Electrical Wires. All electrical wires associated with any wind energy device, other than wires necessary to the operation of the wind turbine itself shall be located underground. In the instance of commercial wind energy projects, transmission lines or high capacity electrical lines from substations transferring cumulative energy resources from a wind energy project shall not be required to be placed underground.

Lighting. Any wind energy device shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

Appearance, Color, and Finish. Any wind energy device shall remain painted or finished the color or finish applied by the manufacturer, unless approved in the conditional use permit.

Signs. All signs shall be prohibited other than the manufacturer or installer’s identification sign and appropriate warning signs.

Sound. Sound produced by any wind energy device under normal operating conditions, as measured at the property line shall not produce sound at a level that would constitute a nuisance. Industry standards support that wind energy noise should not exceed 50dba at a distance of 1,250 feet. Sound levels, however, may be exceeded during short term events out of anyone’s control, such as utility outages and/or severe wind storms.

Electromagnetic Interference. Any wind energy device shall be designed and constructed so as not to cause radio and television interference. If it is determined that the wind energy device is causing electromagnetic interference, the owner shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities.

Conditional Use Permit.
Commercial wind energy devices, wind energy towers or meteorological towers erected in any zoning district may be granted as a conditional use and approved by the Board of Adjustment after a public hearing.

Small wind energy devices designed, marketed and sold explicitly for personal or private residential or business applications, which has a nameplate capacity of 100kw or less shall be considered a conditional use in all zoning districts.

Wind Energy Permit Requirements.
A zoning compliance permit shall be required for the installation of any wind energy device. The application for zoning permit will be accompanied by a detailed site plan for the wind energy device. A site plan and other such plans and manufacturer’s specifications shall show the dimensions, arrangements, descriptive data, site layout and other information essential to an understanding of the use and construction of the proposed wind energy device. A site plan shall include the following at a minimum:

  • Location of the proposed wind energy device(s)
  • Wind energy device specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed)
  • Tower foundation blueprints or drawings and tower blueprint or drawing
  • Site layout, including location of property lines, wind turbines, electrical wires, connection points with electrical grid, and related accessory structures.
  • Documentation of land ownership or legal control of the property.
  • FAA Permit Application, if applicable.

Notification. The owner/developer shall be responsible for obtaining and submitting to the city the names and last known addresses of the owners of all property within 200 feet of the parameter of the total project development site containing wind energy device(s). Prior to the public hearing for such conditional use permit, notice shall be given by ordinary mail to all adjacent property owners and those within 200 feet of the proposed wind energy site.

Review and Approval. Within 60 days of receiving the permit application for a wind energy device, the Board of Adjustment shall schedule a public hearing regarding the conditional use permit. Notice shall be given to the public no less than 7 days and no more than 20 days prior to the public hearing by publication in the official city newspaper. Approval of the conditional use permit for a wind energy device shall be valid for a period no longer than two (2) years from the date of such permit, unless construction has commenced or the Board of Adjustment specifically grants a longer period of time for the building permit. The approval and issuance of a conditional use permit for the construction or installation of any wind energy device, under this ordinance, shall not relieve any permittee, applicant or owner from compliance with all legal requirements nor relieve the permittee, applicant or owner of any liability for damage or loss resulting from the placement, construction or maintenance of such wind energy device. The city assumes no liability whatsoever by virtue of the issuance of a conditional use permit for wind energy devices.

Mitigation of Damages. In the event there are any damages that occur during construction or maintenance of any wind energy device, the owner/developer shall be fully responsible to mitigate and correct any damages to public streets or infrastructure.

Discontinuance or Abandonment. Any wind turbine that is out-of-service for a continuous one year period will be deemed to have been abandoned and discontinued for use. At such time the wind turbine is determined to be abandoned the owner shall remove the wind turbine at the owner’s expense within 6 months of receipt of notice. If the owner fails to remove the wind turbine, the Zoning Administrator may pursue legal action to have the wind turbine removed at the owner’s expense and such costs will be assessed against the property.

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