§ 166.15 Limited Commercial District (C-1a)

REQUIREMENTS The minimum area that may constitute a separate detached part of the C-2B zoning district on the City of Tiffin Official Zoning Map or subsequent amendments to the map must be five acres. However, land zoned in the C-1O zoning district that immediately abuts or is directly across the street from land zoned in the C-2O classification, may be included in the calculations in meeting the minimum requirements.

The minimum area, setback, density and maximum height, must be as prescribed in the following Table C; provided however, the following requirements must be applied when applicable:

A. Any lot adjacent to U.S. Highway 6, in any way, must be required to have a 20-foot setback in addition to the minimum yard requirements stated herein, except those properties that are located adjacent to Highway 6 beginning at the east line of Main Street to a point 233 feet, more or less, west of the intersection with Roberts Ferry Road and Highway Six, which must be required to have a 32-foot setback, in addition to the minimum yard requirements state herein.

B. Any lot adjacent to a railroad right-of-way, in any way must be required to have a 50-foot setback in addition to the minimum yard requirement stated herein.

C. Day care facilities must provide a minimum of 150-square feet of outdoor play area for each child cared for.

1. Description of District. Limited Commercial District is a low and medium intensity commercial district intended to provide for business activities located along and adjacent to major traffic generators which are dependent upon vehicular access to support the nature of the business. It should be well buffered from low density housing by additional zoning districts R-4, R-8, and R-12.

2. Principal Uses and Structures Permitted. Principal uses and structures permitted shall be as identified in Section 166.20.

3. Accessory and Temporary Uses and Structures.

A. Accessory and temporary uses or structures are permitted according to the provisions of Section 165.11 and Section 165.25.

B. A retailer or community group as defined in Chapter 100 of the Code of Iowa, possesses and complies with all requirements of a consumer fireworks seller license issued by the State Fire Marshal, may sell consumer fireworks from a temporary structure in this zoning district, but only during the dates and times as allowed under Chapter 100 of the Code of Iowa and provided there is also compliance with the following:

(1) For purposes of Paragraph B, “temporary structure” means a tent, canopy, stand, or similar enclosure that is not permanently affixed to the land, which is not intended to for permanent use, and is erected for the sole purpose of retail sales of consumer fireworks.

(2) The temporary structure and site plan for the temporary structure and its use must be approved by the Building Official.

(3) Proof of a valid and current license, and any additional requirements which are a part thereof, issued by the State Fire Marshal, shall be furnished to the Building Official, with a copy of any application for the license and any attachments provided to the State Fire Marshal.

(4) Proof of maintenance of commercial general liability insurance required by Chapter 100 of the Code of Iowa shall be furnished to the Building Official.

(5) If the retailer or community group does not own the land where the temporary structure is proposed to be located, they shall provide proof of consent from all current property owners.

(6) The use of the temporary structure may not adversely impact the surrounding area and land uses, which must still comply with all City Code requirements.

(7) The temporary structure and its use must comply with all State, federal, and local laws and regulations.

(8) The temporary structure must be removed by July 15 of each year.

4. Restricted Uses. Restricted uses, as hereinafter listed in the following Section 166.19, may be allowed subject to the issuance of a restricted use permit by the Zoning Administrator required by Section 165.30. Restricted uses may be required to meet more restrictive site and structural provisions if it is determined such requirements are necessary for public health, safety, and general welfare.

5. Special Exception Uses. Special exceptions, as hereinafter listed in the following Section 166.20, may be allowed subject to the issuance of special exception permits in accordance with the provisions of Section 165.27(7). Special exceptions may be required to meet more restrictive site and structure provisions if the Council, acting upon the recommendation of the Planning and Zoning Commission, determines that such requirements are necessary for the public health, safety, and general welfare.

6. Area Requirements. The minimum area that may constitute a separate or detached part of the C-1A District of the Official Zoning Map, or subsequent amendments to the Map, shall be two acres. However, land zoned in the C-1B, C-2, C-3, or C-1S Districts that immediately abuts or is directly across the street from land zoned C-1A, may be included in the calculations in meeting the minimum requirements. The minimum area, setback, density, and maximum height must be as prescribed in the following table; provided, however, the following requirements must be applied when an applicable:

A. Any lot adjacent to U.S. Highway 6, in any way, must be required to have herein, except those properties that are located adjacent to U.S. Highway 6 beginning at the east line of Main Street to a point 233 feet, more or less, west of the intersection with Roberts Ferry Road and U.S. Highway 6, which must be required to have a 32-foot setback, in addition to the minimum yard requirements stated herein.

B. Any lot adjacent to a railroad right-of-way, in any way, must be required to have a 50-foot setback in addition to the minimum yard requirement stated herein.

7. Table C-1A Commercial Setbacks C-1A District Interior Maximum Minimum Front Corner Rear Floor Major Minimum Side Height of Lot Yard Yard Yard Area Category Lot Area Yard Principal Width Setback Setback Setback Ratio Setback Use Retail Business Uses N/A N/A 30′ 15′ 30′ 30′ 0.4 35′ Service Uses N/A N/A 30′ 15′ 30′ 30′ 0.4 35′ Health Medical and 20,000 150′ 50′ 15′ 30′ 40′ 0.25 35′ Care sq.ft. Facilities Agricultural Uses 5 acres 300′ 50′ 15′ 30′ 40′ 0.15 35′ Public, Education, and Utility N/A N/A 30′ 15′ 30′ 30′ 0.4 35′ Uses Recreation and Social Facilities N/A N/A 30′ 15′ 30′ 30′ 0.4 35′ Uses Miscellaneous Uses N/A N/A 30′ 15′ 30′ 40′ 0.4 35′

8. Sign Regulations. Signs are permitted according to the provisions of Chapter

9. Parking and Loading Regulations.

A. Parking areas shall consist of areas that are aesthetically pleasing, landscaped to screen public views, and located so as not to be the dominant feature along any street or within any development. The use of alternate materials to designate pedestrian areas within or adjacent to parking lots is encouraged, and pedestrian areas shall be separated from vehicular traffic with landscaping, decorative posts, special paving, or other measures to clearly define the pedestrian spaces. Property owners are encouraged to establish shared parking zones among uses on one or more lots.

B. Parking and loading must be provided according to the provisions of Section 165.06.

10. Lighting Regulations. Exterior lighting is provided according to the provisions of Section 165.07.

11. Site Plan Regulations.

A. To insure compliance with the provisions of this section, any construction, change in use, or increase in intensity of an existing use, but excluding normal maintenance activity, in the C-1A District, a site plan shall be required. Prior to applying for a Building Permit, all commercial zones must submit a site plan for review by City designee and City Engineer. It is the intent of this section that site plans for C-1A District are prepared by a designer having professional competence in urban planning. The Council shall require the applicant to engage a qualified designer. The site plan must follow appropriate design standards.

B. The site plan must follow all requirements listed below:

(1) Date, compass point, legend of symbols, and minimum scale of 1” = 40′.

(2) Legal description including total area of property.

(3) Address, if assigned.

(4) Landowners’ and applicant’s name, address, and contact information.

(5) Vicinity map that identifies the location of the property in relationship to the neighborhood or the rest of the City.

(6) Property boundary lines including bearing and distances with dimensions to the nearest one-tenth of one foot.

(7) Existing and proposed topography at contour intervals of not more than one foot, extending beyond the boundaries of the site to adjacent properties as necessary to address drainage issues.

(8) Location of any established floodways, floodway fringe, and floodplain overlay lines, if applicable.

(9) Location of existing trees; identify those that will be preserved.

(10) Location of existing and proposed utilities, public and private.

(11) Location of existing and proposed easements, public and private.

(12) Location, footprint, size, and use of all buildings and structures, existing and proposed with setback lines.

(13) Location of proposed and existing sidewalks showing ADA compliance.

(14) Location of parking showing ADA compliance and greenspace.

(15) Colored elevations for all sides of the building and or structures including trash enclosures. Illustrate architecture, materials, and color palette. The elevation drawing shall be sized appropriately to show architectural detail, and shall include labels identifying all exterior materials.

(16) Minimum low opening elevations if applicable.

12. Landscaping Regulations. At the time a site plan is submitted a landscaping plan must be submitted for review by the Zoning Administrator. The landscaping plan must follow landscaping regulations as shown in Chapter 168, and shall be approved prior to Building Permit approval. Site plans in the C-1A District shall provide in their landscaping plan of no less than four deciduous trees for each acre or less of zoned area. The City may also require additional landscaping such as shrubs and border vegetation if it should appear to be beneficial and conducive to a more esthetic, attractive, and orderly development of the area.

13. Screening and Buffering Regulations. Commercial zones shall supply a screening and buffering plan for review by the Planning and Zoning Commission, or other City designee, prior to application of a Building Permit. At a minimum the proposed plan shall show screening in compliance with the following:

A. Waste collection stations shall meet the Variable Height Screening (S2) requirements of Section 169.06(2).

B. Utility and mechanical equipment shall meet the High Screening (S3) requirements of Section 169.06(3).

14. Special Regulations.

A. All business establishments shall be retail or service in use, dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

B. All businesses, service, storage, and display of goods shall be conducted within a completely enclosed structure, except for:

(1) Existing agricultural uses.

(2) Parking and loading areas, as regulated by Section 165.06.

(3) Automobile service stations.

(4) Outdoor sale of building and garden supply materials and goods.

(5) Sales or display of merchandise sold or offered for sale through vending machines, provided such machines do not occupy a group area of more than 16 square feet.

(6) Temporary outdoor or sidewalk sales.

(7) Outdoor tables or seating areas accessory to restaurants.

C. When authorized as a special use, no business establishment may offer goods or service directly to customers waiting in parked motor vehicles, or sell beverages or food for consumption on the premises in parked motor vehicles, except for the following:

(1) Automobile laundries.

(2) Automobile service stations.

(3) Drive-in restaurants.

(4) Drive-in banks and savings and loan associations.

15. Performance Standards.

A. Performance standards regulating commercial development and activity within the City are intended to:

(1) Permit commercial land uses to be measured factually and objectively.

(2) Ensure that businesses provide methods that protect the community from hazards that are preventable by legitimate processes of control and nuisance eliminations

B. Applicable. Performance standard provisions shall be applicable to any use established in the following instances:

(1) If any use, building, or other structure, established prior to the effective date of this Zoning Code is extended, enlarged, moved, structurally altered, or reconstructed, the change in building or land use or configuration shall be in full compliance with this provision. Uses lawfully established prior to the effective date of this Zoning Code, and not being extended, enlarged, moved, structurally altered, or reconstructed, must fully comply with applicable commercial performance standards existing at the time of use establishment or at the time of most recent structural alteration.

(2) Any use established, building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district shall comply with all of the performance standards herein set forth.

C. Procedure. Uses, buildings, or structures required to comply with this provision shall make a showing of probable compliance with these performance standards prior to undertaking any alteration. The showing shall be in the form of a letter submitted with the zoning application (or building application if proper commercial zoning already exists) prepared by a professional engineer, licensed in the State, certifying that the use, building, or structure complies with all commercial performance standard requirements. The letter shall be based on the engineer’s personal scrutiny of the site and proposed use or alteration, and shall have analytical foundation in accepted engineering principles. In addition, the Planning and Zoning Commission may require the applicant to submit the following:

(1) A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within 200 feet of the proposed site.

(2) A description of the activity to be conducted regarding waste products, external effects, or other conditions that are regulated herein; provided, however, that the applicant shall not be required to reveal any trade secrets or sufficient detail with regard to a process that would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.

(3) The type and location of abatement devices to control, or recording instruments to measure conformance with required standards, not including devices and instruments that are inherent in the manufacturing process.

(4) Such other data and certification as may reasonably be required by the Planning and Zoning Commission to reach a determination.

(5) All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

D. Administrative Options. The Planning and Zoning Commission may approve and authorize the establishment of the use, building, or structure if all pertinent provisions of this Zoning Code and other applicable ordinances are complied with. If, however, the Planning and Zoning Commission determines that the proposed use, building, or structure does not comply with performance standards, they shall inform the applicant that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required prior to final Council approval.

E. Need for Independent Engineering Analysis. If the Planning and Zoning Commission determines that reason exists to doubt the compliance with any applicable performance standard provision, a State licensed professional engineer of the City’s choosing (but acceptable to the petitioner) may be asked to analyze the prospects of compliance. Costs of such analysis shall be paid by the applicant.

F. Use of Independent Engineering Analysis. Upon submission of an independent engineering analysis authorized by the City, the Planning and Zoning Commission shall authorize establishment of the use, building, or structure if the independent analysis confirms probable compliance with this provision and if all other applicable provisions of this Zoning Code and other City ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then the application must be denied until such time that the proposal is able to comply fully.

G. Failure to Act. The failure of the Planning and Zoning Commission to act on an application within 120 days following formal filing of the application may be appealed to the Board of Adjustment.

H. Appeal of Decision. Following the determination of the Council, based on the recommendation of the Planning and Zoning Commission, the applicant or any person aggrieved shall have the option of filing an appeal to the Board of Adjustment. An appeal shall be filed within 10 days of the Council’s decision.

I. Continued Enforcement. The Planning and Zoning Commission or Zoning Administrator must investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of the ordinance adopting these performance standards and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards.† Alleged violations may be brought to the Council’s attention by City staff, peace officer, health, or environmental employee, or citizens. If a violation is alleged, the Zoning Administrator must inform the suspected perpetrator and must initiate an independent engineering analysis consistent with the analysis

procedure outlined in Paragraph F. Administrative determinations made in conjunction with the analysis may be appealed according to Paragraph H.

J. Revocation of Permits. If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure are void and the operator must cease operation until the violation is remedied. Failure to cease operation within two days of notice to do so by the City constitutes an violation of this Zoning Code and the penalty provision cited in Section 165.32 may be imposed.

K. Technical Provisions.

(1) Noise. To measure the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer may be employed. The flat network and the fast meter response of the sound level meter may be used. Sounds of short duration that cannot be measured accurately with the sound level meter, may be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) must be used with the following tables. The suspected perpetrator will be required to hire, at the approval of the City, a consultant to measure, record, and report to the Council results about compliance with this Code. All costs shall be the responsibility of the property owner.

(2) Maximum Permitted Sound Level. Cycles per Second Decibels 0-74 58 75-149 54 150-299 50 300-599 46 600-1199 40 1200-2399 33 2400-4799 26 4800-over 20

(3) Exceptions. The following uses and activities shall be exempt from the noise level regulations in the C-1A District:

a. Noises not directly under control of the property user.

b. Noises emanating from construction and maintenance activities between 7:00 a.m. and 10:00 p.m. Such activities are those that are non-routine operations accessory to the primary activities, and that are temporary in nature, or conducted infrequently.

L. Vibration.

(1) Any commercial operation or activity that must cause at any time and at any point along the nearest adjacent lot line, earth borne vibrations in excess of the limits set forth in Section 166.15(15)(L)(4) and Section 166.15(15)(L)(5) is prohibited.

(2) Any industrial operation or activity that must cause at any time and at any point along a residential district boundary line, earth borne vibrations in excess of the limits set forth in Section 166.15(15)(L)(4) and Section 166.15(15)(L)(5) is prohibited.

(3) Exceptions. The following uses and activities shall be exempt from the vibration level regulations:

a. Vibrations not directly under the control of the property user.

b. Vibrations emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m. Such activities are those that are non-routine operations accessory to the primary activities and that are temporary in nature, or conducted infrequently.

c. Transient vibrations of moving sources such as automobiles, trucks, airplanes, and railroads.

d. Vibrations must be expressed as displacement in inches and must be measured with a three-component measuring system approved by the Zoning Administrator.

(4) Maximum Permitted Steady-State Vibration Displacement Level. Steady-State Vibration Steady-State Frequency DisplacementA (in.) DisplacementA (in.) (Cycles per second) (Maximum Adjacent (Maximum Adjacent Commercial and Residential Uses) Industrial Uses) 0-9 0.0008 0.0004 10-19 0.0005 0.0002 20-29 0.0003 0.0001 30-39 0.0002 0.0001 40-over 0.0001 0.0001 A Steady-State vibrations, for purposes of this Code, are vibrations that are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses that do not exceed 100 per minute, shall be considered impact vibrations, and shall not cause in excess of twice the displacement stipulated.

(5) Maximum Permitted Impact Vibration Displacement Level. Impact Vibration Impact Vibration Frequency DisplacementA (in.) DisplacementA (in.) (Maximum Adjacent (Cycles Per Second) (Maximum Adjacent Commercial and Residential Uses) Industrial Uses) 0-9 0.0016 0.0006 10-19 0.0010 0.0003 20-29 0.0006 0.0002 30-39 0.0004 0.0001 40-over 0.0002 0.0001 A Impact vibrations, for purposes of this Code, are vibrations that occur in discrete impulses separated by an interval of at least one minute and numbering not more than eight in any 24-hour period.

M. Smoke and Particulate Matter. The emission, from all sources within any lot, or particulate matter containing more than five percent by weight of particles having a particle diameter larger than 44 microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot must be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, Ringelmann Chart No. 2 is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines.)

(1) Smoke Emission. In the C-1A District, the emission of more than 12 smoke units per stack in any one-hour period is prohibited. However, once during any six-hour period each stack shall be permitted up to 12 additional units in a 15-minute period for soot blowing and fire cleaning. Only during such 15-minute periods shall smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann Chart No. 3 be permitted, and then only for fire cleaning and for not more than four minutes per period.

(2) Particulate Matter. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in the following table:

Maximum Permitted Particulate Matter Emission Rate Height of Emissions (ft) Pounds per Hour (per acre) 0-49 1.00 50-99 1.01 100-149 1.06 150-199 1.10 200-299 1.16 300-399 1.30 400-over 1.50

(3) Method of Measurement.

a. Smoke. To grade the density or equivalent opacity of emission of smoke, the Ringelmann Chart shall be employed. To determine smoke units, the Ringelmann reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

b. Particulate Matter. The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rate of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. This total must not exceed the rate established in Section 166.15(15)(M)(2).

N. Odors. No continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than15 minutes in any one day shall not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process that may involve the creation or emission of any odors shall be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Iowa Environmental Protection Agency shall be complied with.

O. Radiation Hazards. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall not be allowed in the C-1A District.

P. Fire and Explosive Hazards

(1) The provisions of Section 93.143-156 of the Code of Iowa shall be complied with, and no explosives shall be stored, used, or manufactured without first requesting approval of the City, and the use must receive a certificate of compliance from both the State and the Tiffin Fire Association.

(2) No gasoline, other inflammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the State and have the approval of both the Department of Public Safety and the Tiffin Fire Association.

Q. Glare and Heat. Every use and activity shall be operated so that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare shall emanate from any use or activity that is visible at any point on or beyond the boundary of the lot on which such activity is located. This restriction does not apply to signs otherwise permitted by the provisions of the Zoning Code or other applicable ordinances, not to activities of a temporary or of an emergency nature, or to night lighting necessary for safety and the protection of property.

R. Electromagnetic Interference. There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

16. Design Standards. All business establishments and activities must conform to the design standards established for the C-1A District.

A. Buildings shall have color schemes that are based on earth tones or other compatible colors unless special permission is granted by the Zoning Administrator.

B. Building design shall be visually harmonious and compatible with the neighborhood character.

C. Buildings located on property with multiple frontages shall have similar design facing all streets.

D. Buildings shall have consistent architectural style throughout the development on each lot.

E. External mechanical equipment shall be incorporated into the design such that it does not detract from the aesthetics of the site and buildings.

F. All roof equipment shall be screened pursuant to Chapter 169 of this Zoning Code.

G. Reflective surfaces that may cause glare or traffic hazards are not acceptable.