On the agenda: Marshalltown Plan Zoning Commission Meeting — Data Center (Oct 15)

CITY OF MARSHALLTOWN
PLAN ZONING COMMISSION
NOTICE OF PUBLIC MEETING
CITY HALL COUNCIL CHAMBERS
10 WEST STATE STREET
OCTOBER 15, 2026, 5:00 PM
AGENDA
CALL TO ORDER
ROLL CALL
Jon Boston, Mahala Casady, Deirdre Gruendler, Benjamin Harris-Medina, Patrick
Streit, Stephen Valbracht, Marty Wymore
APPROVAL OF MEETING MINUTES
1.

Approval of September 17, 2026 Meeting Minutes

2.

Approval of October 8, 2026 Meeting Minutes

BUSINESS
3.

Conduct a Public Hearing And Make a Recommendation on a Special Use
Permit Application for 3202 S 6th Street

4.

Conduct a Public Hearing and Consider Making a Recommendation on
Ordinance 15129 - An Ordinance Amending Chapter 156 Relating to Data
Centers and Development Review

5.

Conduct a Public Hearing and Consider Making a Recommendation on
Ordinance 15130 - An Ordinance Establishing a New Chapter 96 Relating
to Mandatory Connection to the Public Water System

6.

Conduct a Public Hearing and Consider Making a Recommendation on
Ordinance 15131 - An Ordinance Establishing a New Chapter 97 Relating
to Restrictions on Drilling Private Wells

7.

Conduct a Public Hearing and Consider Making a Recommendation on
Ordinance 15132- An Ordinance Amending Chapter 134 Relating to Noise
Control

MISSION STATEMENT
The City of Marshalltown collaborates to provide a welcoming, safe, vibrant, and growing community.
Page 1 of 81

8.

Discussion and Public Comment Only — Ordinance 15133, Proposed Data
Center Overlay Zoning District Map Amendment (No Commission Action)

9.

Conduct a Public Hearing and Consider Making a Recommendation on an
Extension to Ordinance 15123 - An Ordinance Establishing a Temporary
Data Center Moratorium

ADJOURNMENT

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HOUSING & COMMUNITY DEVELOPMENT

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Meeting Minutes – Plan Zoning
Thursday, September 17, 2026, 5:00 pm
City Hall, City Council Chambers
10 West State Street, Marshalltown, IA 50158
CALL TO ORDER
Jon Boston called the meeting to order at 5:00 p.m.
ROLL CALL
Present: Jon Boston, Mahala Casady, Deirdre Gruendler, Patrick Streit, and Marty Wymore.
Absent: Benjamin Harris-Medina and Stephen Valbracht.
Staff present: Clayton Ender and Deb Millizer.
APPROVAL OF MEETING MINUTES
1. August 6, 2026 meeting minutes
2. August 13, 2026 meeting minutes
3. August 27, 2026 meeting minutes
Boston noted two pronoun corrections he had sent to Ender. The Commission approved the
August 6, August 13, and August 27, 2026 meeting minutes with those corrections.
BUSINESS
4. Work Session on Data Center Regulations
Ender reviewed a draft package of four related ordinances addressing zoning, public water
connections, private wells, and noise. He explained that the work session was intended to
identify revisions and research needed for the next draft.
The Commission discussed proposed thresholds for requiring a master development plan.
Members requested local examples to help assess the draft’s electrical demand, water use, and
vehicle trip thresholds. Ender said he would seek additional information, including examples
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Mark Mitchell, Greg Nichols,
Jeff Schneider, Gary Thompson, Marco A. Yepez-Gomez

Page 3 of 81

from Alliant Energy and local traffic counts. Members also requested clearer wording for
calculating vehicle trips.
Members discussed whether the proposed overlay district should apply only to data centers or to
a broader group of infrastructure intensive uses. They also discussed whether to map overlay
locations now or consider them through future rezoning requests. Those questions remained
open.
The Commission discussed criteria for treating related buildings or parcels as one development
when applying review thresholds. Ender said he would refine the draft language. Members also
discussed whether certain annexations and proposed changes in land use should come before the
Commission. Ender said he would revise that section for further review.
Ender reviewed the proposed master development plan process, including Commission review of
site impacts and infrastructure capacity. He reported that city attorney review had identified
procedural changes needed in the draft, including treatment of the decision as quasi-judicial.
The Commission discussed proposed data center standards for power facilities, separation from
residential and public assembly uses, landscaping buffers, utility coordination, building design,
and parking. Members raised questions about the proposed 300-foot separation and how the
ordinance would distinguish facilities serving a data center from larger utility facilities.
Ender reviewed proposed public water connection and private well requirements. He also
reviewed proposed noise provisions addressing sound measurement, lower frequency sound, and
emergency generator testing and operation. Members requested further review of the proposed
sound limits and reporting periods for prolonged generator use.
The Commission discussed the schedule for further review. A staff led public listening session
was planned for October 1 to gather feedback on a revised draft. Ender stated that the draft
would be identified as a working document and would not be presented as endorsed by the
Commission.
A special work session was planned for October 8. At that meeting, the Commission will
consider whether its October 15 meeting should include a public hearing on the ordinances or
continue as a work session. The Commission took no vote on the draft ordinances during the
September 17 meeting.
ADJOURNMENT
The meeting adjourned at approximately 7:05 p.m.

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Mark Mitchell, Greg Nichols,
Jeff Schneider, Gary Thompson, Marco A. Yepez-Gomez

Page 4 of 81

HOUSING & COMMUNITY DEVELOPMENT

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Meeting Minutes – Plan Zoning
Thursday, October 8, 2026, 5:00 pm
City Hall, City Council Chambers
10 West State Street, Marshalltown, IA 50158
CALL TO ORDER
Chair Jon Boston called the meeting to order at 5:00 p.m.

ROLL CALL
Commission Members Present: Jon Boston, Mahala Casady, Deirdre Gruendler, Benjamin Harris
Medina, Patrick Streit, Stephen Valbracht, and Marty Wymore.
Commission Members Absent: None noted.
Staff Present: Clayton Ender, Assistant Director, Housing and Community Development, and
Zoning Administrator. Deb Millizer, Housing and Community Development Director.

BUSINESS
1. DATA CENTER REGULATION WORK SESSION
Staff Overview
Clayton Ender summarized the October 1 listening sessions on proposed data center regulations.
The sessions recorded 27 sign ins, with total attendance estimated at approximately 35 people
because some attendees did not sign in. The main themes included rural residences, annexation
and compatibility at the urban fringe, siting and scale, public review, water and private wells,
enforcement and penalties, decommissioning, construction costs, noise, and a possible 60-day
extension of the moratorium.
Ender reported that the data center overlay and noise control drafts were at draft three. The well
prohibition and mandatory water connection provisions had not changed from the versions
previously reviewed. He reviewed proposed changes involving accessory utilities, heavy vehicle trip
generation, and a greater focus on the physical elements of electrical infrastructure rather than
energy consumption, which is regulated by the State of Iowa.
Master Development Plan
The Commission discussed the proposed infrastructure intensive classifications and the related
master development plan process. Members questioned whether the process would provide the
public with the level of influence the public expects. The discussion focused on the limits of quasijudicial review, the need to base decisions on adopted standards and facts, the additional time and
workload for staff and applicants, and the concern that the process could create a false expectation
that the Commission could prevent a permitted industrial use.
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Mark Mitchell, Greg Nichols,
Jeff Schneider, Gary Thompson, Marco A. Yepez-Gomez

Page 5 of 81

Members also discussed the distinction between legislative decisions, such as establishing an
overlay or changing permitted uses, and quasi-judicial decisions, such as reviewing a special use
permit or an application for compliance with adopted standards. The Commission recognized that
existing zoning, buffering, noise, lighting, fire, and electrical requirements already address many of
the physical impacts associated with data centers.
The Commission provided informal direction to remove the master development plan classification
and process from the draft while retaining data center specific standards addressing the unique
impacts of the use. Clayton Ender stated he would revise the draft accordingly. No formal motion or
vote was recorded.
Data Center Overlay
The Commission discussed retaining an overlay district as a way to guide data center development
toward areas with suitable infrastructure. The preferred approach discussed would allow data
centers in the overlay and require a special use permit for data centers proposed outside the overlay
in general industrial areas. Members noted that a special use permit would allow review of sitespecific impacts, including compatibility, buffering, noise, and other fact-based standards.
The Commission informally directed staff to prepare a proposed overlay map generally east of 18th
Avenue and north of Marion Street. The overlay would be presented as a separate zoning ordinance
and public hearing item. Staff noted that property owners within the required notification distance
would need to be notified. No formal motion or vote was recorded.
Separation Buffering and Building Setbacks
The Commission discussed the proposed 300-foot separation requirement, including whether it
should be increased for rural residences and whether it should apply to the entire building or only to
noise producing equipment. Staff clarified that the proposed 300-foot separation applies to noise
producing or electrical generation equipment, while the building remains subject to applicable
building setbacks and buffering requirements. The discussion referenced a 30-foot building setback
in the draft.
Members considered distances ranging from 300 feet to 1,500 feet and discussed visual scale, rural
character, property rights, industrial property values, existing comprehensive plan designations, and
the impact of placing large buildings near scattered residences. The Commission also discussed
whether building setbacks should consider building height, residential density, or the distinction
between urban and rural areas.
The Commission informally agreed to retain the 300-foot separation requirement for now. Members
requested additional research and discussion on building setbacks, including whether a height
based or all building standard would be appropriate. No formal motion or vote was recorded.
Grid Connection and Accessory Utilities
The Commission discussed the draft requirement that data centers connect to the electrical grid.
Ender explained that on site generation would be allowed as backup or supplemental power, but
primary or sole on-site generation would be treated as a major utility and require the applicable
special use review. Renewable energy systems could be used as accessory or supplemental
systems. A project relying on primary renewable generation and substantial battery storage could
also trigger major utility review based on its physical infrastructure and impacts.
The Commission also discussed external generators, battery storage, screening, and applicable
noise, fire, and electrical requirements. Members agreed that the draft should continue to regulate
the physical impacts of accessory utilities without duplicating requirements already found in other
applicable codes.

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Mark Mitchell, Greg Nichols,
Jeff Schneider, Gary Thompson, Marco A. Yepez-Gomez

Page 6 of 81

Decommissioning and Hazardous Materials
The Commission discussed the purpose and enforceability of the proposed decommissioning
provisions, including whether financial assurance should be required in advance and whether similar
requirements should apply to other large industrial uses. Members questioned whether the current
language provided enough protection if an owner abandoned the property. Ender explained that the
intent was to prevent the cost of abandonment from becoming a public burden and noted that state,
federal, fire, electrical, and environmental requirements also regulate hazardous materials and
disposal.
Water and Well Provisions
The Commission indicated no concerns with the proposed well prohibition and mandatory water
connection provisions as presented. No formal motion or vote was recorded.
Annexation and Default Zoning
Ender reviewed proposed annexation language establishing a default zoning district based on the
comprehensive plan future land use map. The draft uses the most restrictive corresponding zoning
district when more than one district could apply and uses agricultural zoning when the designation is
uncertain or includes multiple possible districts. An overlay would not apply automatically when
property is annexed. A separate rezoning process would be required.
The Commission discussed existing residences in county agricultural areas and the application of
separation requirements to lawful residential uses on agricultural property. Staff was asked to clarify
the wording so the provision clearly addresses both residential zoning and a residence or residential
use on agricultural property.
Completeness Review
The Commission discussed the proposed 20 business day completeness review period. Ender
clarified that the period would apply only to confirming that an application contains the required
materials and fees. It would not constitute substantive approval or authorize the applicant to proceed
without completing the remaining review. Members discussed whether the draft should include a
good cause extension when staff is unable to complete the review, but no final change was
recorded.
Next Steps
Ender recommended continuing with the planned public hearings at the next meeting, tentatively
scheduled for October 15, 2026. The Commission discussed holding five separate public hearings
for the related data center and zoning regulation items. The Commission could take action, continue
a hearing, close a hearing without action, or recommend an extension of the moratorium if the drafts
were not ready to move forward. The need to place a moratorium extension on the agenda was also
discussed.
The next meeting is also expected to include a special use permit request for a CenturyLink
telecommunications facility at Maytag Road and South Sixth Street. Ender clarified that the facility is
a telecommunications use and not a data center.
No formal motions or votes on the data center regulations were recorded during the work session.

ADJOURNMENT
The meeting adjourned at approximately 7:08 p.m.

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Mark Mitchell, Greg Nichols,
Jeff Schneider, Gary Thompson, Marco A. Yepez-Gomez

Page 7 of 81

HOUSING & COMMUNITY DEVELOPMENT
TO:
FROM:
DATE:
RE:

Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Planning and Zoning Commission
Clayton Ender, Assistant Housing & Community Development Director
October 15, 2026
Conduct a Public Hearing and make a recommendation on a special use permit
application for 3202 S 6th St

City Staff Contact:

Clayton Ender, AICP
Assistant Director of Housing and Community Development
Phone: 641-754-5756
Email: [email protected]

Applicant:

Centurytel Fiber Company II LLC
ATTN: Property Tax (IA)
931 14th St
Denver CO 80202

Property Owner:

Centurytel Fiber Company II LLC
ATTN: Property Tax (IA)
931 14th St
Denver CO 80202

Recommendation: Staff recommends approval and provides the following motion for the
commission’s consideration:
The Planning and Zoning Commission recommends approval of the special
use permit application for 3202 S 6th St.
Synopsis

The applicant seeks a special use permit to expand the existing
telecommunications facility at 3202 S. 6th Street with an unmanned, 23-foot4-inch by 36-foot fiber-optic shelter and two 300-kilowatt generators on a
concrete pad within the existing gravel compound. The applicant states that
the facility requires no water or sewer service, generates minimal traffic, and
would use the generators only for testing or utility outages.

CITY COUNCIL
Melisa Fonseca, Barry Kell, Mike Ladehoff,
Mark Mitchell, Greg Nichols, Jeff Schneider, Gary Thompson

Page 8 of 81

The site is zoned General Commercial, where a major utility requires specialuse approval. Staff finds the expansion consistent with the commercial landuse designation and compatible with surrounding commercial uses. Staff
recommends approval, subject to the Planning and Zoning Commission’s
review of the applicable criteria and the Board of Adjustment’s final decision.
Current Zoning
District & Current
Usage:

Current Zoning: GC, General Commercial Zoning District

Proposed Zoning
District &
Proposed Usage:

Zoning: GC, General Commercial Zoning District

Review Criteria:

In determining whether to approve, approve with conditions, or deny a special
use permit, the review bodies shall consider the following review criteria:

Current Usage: Major Utility, Telecommunications Facility

Proposed Usage: Major Utility, Telecommunications Facility

1. The request complies with the applicable standards of this Zoning
Ordinance, the City Code of Ordinances, and any applicable county,
state, or federal requirements.
The proposed expansion consists of an unmanned telecommunications
shelter and two generators within the existing gravel compound. The
site is zoned GC, General Commercial, where a Major Utility requires
special-use approval. Based on the submitted site plan and application,
the proposal appears consistent with the applicable zoning
requirements, subject to review of the site plan and compliance with
all applicable City, county, state, and federal requirements.
2. The request substantially conforms to any associated prior approval
for the development, including, but not limited to, a special use
permit, Master Development Plan, or Site Plan.
The proposed development does not conflict with any prior approvals.
3. The administrative body has considered the recommendation of staff.
Staff recommends approval of the special use permit application.

CITY COUNCIL
Melisa Fonseca, Barry Kell, Mike Ladehoff,
Mark Mitchell, Greg Nichols, Jeff Schneider, Gary Thompson

Page 9 of 81

4. The request is consistent with applicable policies of the
Comprehensive Plan and applicable utility plans and capital
improvements plans; or, if it addresses a topic that is not contained
or not fully developed in the Comprehensive Plan, the request does
not impair the implementation of the Comprehensive Plan.
The Comprehensive Plan designates the site for Commercial MixedUse. The proposed expansion of the existing telecommunications
facility is consistent with this designation and would not impair
implementation of the Comprehensive Plan.
5. The request promotes the purposes of this Zoning Ordinance as
established in § 156.A.002, Purposes, and in other applicable purpose
statements in this chapter.
The proposed expansion makes efficient use of an existing
telecommunications facility and its gravel compound. Because the
unmanned shelter and generators would be located within the existing
facility, the expansion is an appropriate and compatible use of the site
and supports the Zoning Ordinance purpose of encouraging the most
appropriate, efficient, and compatible use of land and structures
throughout the City.
6. Adequate facilities, including public or private utilities, solid waste
service, roads, drainage, and other improvements are present or are
planned to be provided.
The proposed expansion will use the existing access from S. 6th Street
and existing utility infrastructure serving the telecommunications
facility. The applicant states that the unmanned facility does not
require water or sanitary sewer service. The submitted materials do not
identify a need for additional public facilities or site improvements.
7. The request demonstrates compatibility with surrounding conforming
and permitted land uses and structures and with the general
character of the area.
The properties surrounding the site are generally zoned and used for
commercial purposes. The proposed unmanned shelter and generators
would be located within the existing telecommunications facility and
gravel compound. Given the existing utility use and the proposal’s
limited site expansion, staff finds the project compatible with the
surrounding uses and general character of the area.

CITY COUNCIL
Melisa Fonseca, Barry Kell, Mike Ladehoff,
Mark Mitchell, Greg Nichols, Jeff Schneider, Gary Thompson

Page 10 of 81

8. The special use does not create an unwanted concentration of similar
special uses that is likely to discourage permitted uses by making the
vicinity less desirable for them.
The proposed expansion is part of an existing telecommunications
facility. Staff is not aware of other similar special uses in the immediate
vicinity that, together with this proposal, would create an unwanted
concentration or make the area less desirable for permitted uses.
9. There is no practicable alternative location where the use is permitted
by right within the general vicinity of the parcel proposed for
development, or, if such a location exists, the proposed location is
comparable or more favorable in terms of:
o Providing a needed community service;
o Providing a critical mass of related and mutually supportive
land uses that promote quality economic development and
opportunity;
o Providing a balance of land uses, ensuring that appropriate
supporting activities, such as employment, housing, leisuretime, and retail centers are in close proximity to one another;
and
o Making more efficient use of public infrastructure.
The proposal would expand an existing telecommunications facility
at its current location. The applicant identifies the facility as
providing fiber-optic telecommunications service, a needed
community service. The submitted materials do not identify
alternative locations or establish whether any site in the general
vicinity would permit the use by right. Staff therefore finds that the
existing-site expansion makes use of established infrastructure, but
the alternative-location criterion should be evaluated based on any
additional information provided by the applicant or at the public
hearing.
Attachments:

Aerial Vicinity Map
Site Plan and Application Narrative

CITY COUNCIL
Melisa Fonseca, Barry Kell, Mike Ladehoff,
Mark Mitchell, Greg Nichols, Jeff Schneider, Gary Thompson

Page 11 of 81

AERIAL VICINITY MAP

Page 12 of 81

Page 13 of 81

DATE SUBMITTED: __________

Special Use Permit Application
Housing & Community Development Department - 24 N. Center Street, Marshalltown, IA
50158 Ph: 641-754-5756 - Fax: 641-754-5742 - E-mail: [email protected]

All applicable items listed must be submitted with this application:
_____ Project Description. Include a cover letter or project description summarizing the proposed project.

✔ A site plan, drawn in ink to scale. This site plan shall not be larger than 11” X 17.”
_____
_____ Any other applicable drawings or diagrams. This may include site improvements, design features,
public services, and compatibility.
_____ Application fee. A $300 fee is required for a special use request. Make check payable to “City of
Marshalltown.” The fee must be paid when the application is submitted.
_____ Full legal description of the property. Please note that the tax description on the Marshall County
assessor’s webpage is NOT the full legal description. The legal description is listed on the property’s abstract
and/or a recorded deed or may be obtained from the Marshall County Recorder’s Office for a fee.
_____ Owner’s consent to apply (if applicable). If the applicant is NOT the current title owner, a letter from
the title owner shall be included indicating consent to apply.
It is the burden of the applicant to provide sufficient facts with this application and at the Board of Adjustment
meeting to support a finding that all the standards for approval have been met.
For all special use requests, the Plan & Zoning Commission shall first review the proposal, hold a public
hearing and make a recommendation to the Board of Adjustment which will also hold a public hearing prior to
acting. A public hearing notice will be published and a sign will be posted on site for public information.
Attendance at all meetings is required.
Please type or print legibly in ink.
Property Address:
3200 S 6th St Marshalltown, IA 50158

Owner:
CENTURYTEL FIBER COMPANY II LLC

Mailing Address:
931 14th St, Denver, CO 80202

Phone:

Email Address:

949-385-4821

[email protected]

Agent Name (if applicable):
Jason WK Small

Owner’s Agent Address:
1000 E. 116th Street, Carmel, IN 46032

Agent Phone:

Agent Email Address:

386.315.5066

[email protected]

Page 14 of 81

Answer the following questions as part of the application. Responses may be provided as a separate
document.
1. Surrounding Properties. How will this special use permit impact the surrounding properties? How will the
proposed special use operate or be designed in a manner that does not diminish the use or functionality of
surrounding properties? You may include supporting evidence from a professional appraiser, real estate
professional, or other professional. Additional review criteria: The board shall consider if approval creates
an unwanted concentration of similar special uses.

The special use permit should have no undue impact on the surrounding properties as the use is
consistent with the property location already. This is a low-impact utility use. The facility is
unmanned,
generatesand
minimal
does not require
or sewer
services,
and produces
of Operation
Site traffic,
Improvements.
Please water
state the
following:
Provisions
for hoursnoof
2. Hours
emissionsparking
beyondand
limited,
occasional
generatorlighting,
use during
testing
and outages.
operation,
loading
areas, driveways,
signs,
landscaping,
buffering, and other site
improvements.

N/A - Unmanned utility structure.
3. Public Services Available. Please state if adequate public services are available without disruption to
existing uses (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police
and fire protection).

Yes
4. Nuisance. Is there any existing or potential of a nuisance if the special use permit is granted? (If, in the
opinion of Plan and Zoning Commission or Board of Adjustment, the special use becomes a nuisance, the
Special Use Permit may be recalled for further review, which could lead to the need for additional
conditions, restrictions, or the revocation of the permit.)

No
5. Design Features. Please describe how design features will be incorporated to sufficiently protect adjacent
uses. Address areas such as: service areas, pedestrian and vehicular circulation, safety provisions, access
ways to and from the site, buffering, fencing, and building placement;

This is a low-impact utility use. The facility is unmanned, generates minimal traffic, does not
require water or sewer services, and produces no emissions beyond limited, occasional generator
use
during testing
andproposed
outages. use be compatible with adjacent existing uses? (Compatibility shall be
6. Compatibility.
Will the
expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as
well as the control of adverse environmental impacts, including noise and lighting, or other undesirable
conditions.)

Yes
7. Location. Identify any other practicable alternative locations considered where a Special use would not be
required

N/A Existing location
The board will use this information provided as part of the application in addition to information presented at
the public meetings to review your request. Please attach any additional supporting information to be
considered that has not previously been discussed. If you have any questions, please contact the Zoning
Department at 641-754-5756 or [email protected] Meeting schedules will be set by the City
Planner and agendas are posted to the City website: https://www.marshalltown-ia.gov/AgendaCenter

Owner/Agent Signature: _________________________________

9/1/2026

Date: _____________

Page 15 of 81

To: Housing & Community Development Department
[email protected]
From: Jason WK Small
Site Acquisition Associate, Site Development
(386) 315.5066
[email protected]
RE: Special Use Permit Application 3200 S 6th St
Marshalltown, IA 50158

Wednesday September 2, 2006

The Parcel ID is 831811352001. The legal description of the property is 11 83 18 SW 1/4 of SW
1/4; P[LT4];LOT 4 W/EXC. We are planning to install (2) generators and (1) unmanned
telecommunication shelter at the above location. Please note, this shelter is not a
telecommunications tower nor is it a data center, this is simply a fiber optic utility shelter for public
utility usage.

This is a proposed 23’4” x 36’ Thermabond shelter within the existing gravel compound and (2)
300KW Cummins Generators on a 16’x16’ concrete pad.
Thank you, please let me know if you have any questions.
Sincerely,

Jason WK Small

telamon.com

1000 E. 116th Street, Carmel, IN 46032

317-818-6888
Page 16 of 81

HOUSING & COMMUNITY DEVELOPMENT
TO:
FROM:
DATE:
RE:

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Planning and Zoning Commission
Clayton Ender, AICP, Assistant Housing & Community Development Director
October 15, 2026
Public Hearing and Recommendation on Ordinance 15129 - An Ordinance
Amending Chapter 156 Relating to Data Centers and Development Review

City Staff Contact:

Clayton Ender, AICP
Assistant Director of Housing and Community Development
Phone: 641-754-5756
Email: [email protected]

Applicant:

City of Marshalltown
24 N Center Street
Marshalltown IA 50158

Recommendation: Staff recommends approval of Ordinance 15129.
The ordinance establishes a citywide regulatory framework for Data Center
Development, including an overlay district, use permissions, development
review, separation and bufferyard standards, infrastructure and utility review,
and related application procedures. It also clarifies review procedures for
annexation and concurrent initial zoning establishment. The proposed
provisions address land-use compatibility and infrastructure impacts while
allowing qualifying development to proceed through applicable review. The
Planning and Zoning Commission should make its recommendation to the City
Council after considering the public hearing testimony and the review criteria
below.
Background

Data centers are an emerging land use with characteristics that can vary
substantially in building size, electrical and water use, infrastructure
requirements, and potential effects on nearby properties and public services.
The Zoning Ordinance does not currently provide a comprehensive set of
standards specific to Data Center Development. Ordinance 15129 responds by
defining Data Center uses and related terms, establishing the DC, Data Center
Overlay Zoning District, and providing standards for location, review, site
design,
separation,
buffering,
utilities,
and
infrastructure.
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 17 of 81

The ordinance requires Data Center Development to be located in the DC
Overlay and/or in an underlying zoning district where the use is allowed. It
provides for site plan review and any otherwise applicable approval, including
a Special Use Permit where required. It establishes a 300-foot separation for
specified exterior equipment from identified sensitive uses, requires a Type D
landscape bufferyard, and allows the City to require technical studies and
reasonably necessary infrastructure improvements or a proportionate
contribution. It also addresses electric service and on-site generation, requires
water-conserving primary cooling systems, and limits adiabatic and oncethrough cooling.
In addition to the data center provisions, the ordinance updates applicationcompleteness and public-notice procedures, related zoning tables and
standards, and the process for annexation with concurrent establishment of
initial zoning. These provisions are part of the same zoning text amendment
before the Commission.
Review Criteria:

In determining whether to approve, approve with conditions, or deny a zoning
text amendment, the review bodies shall consider the following review criteria:
1. The request complies with the applicable standards of this Zoning
Ordinance, the City Code of Ordinances, and any applicable county,
state, or federal requirements.
The ordinance amends the Zoning Ordinance through the legislative
text-amendment process. Its provisions establish standards and
procedures for Data Center Development and annexation-related initial
zoning. Administration and approval of individual applications will
remain subject to applicable City Code requirements and other
applicable law.
2. The request substantially conforms to any associated prior approval
for the development, including, but not limited to, a special use
permit, Master Development Plan, or Site Plan.
This is a citywide zoning text amendment and is not associated with a
particular Data Center Development, Special Use Permit, Master
Development Plan, or Site Plan. Future applications will remain subject
to applicable prior approvals and development-review requirements.
3. The administrative body has considered the recommendation of staff.
Staff recommends approval of Ordinance 15129 for the reasons stated
in this report. The Commission should consider this recommendation
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 18 of 81

together with the ordinance, staff report, and testimony received at the
public hearing.
4. The request is consistent with applicable policies of the
Comprehensive Plan and applicable utility plans and capital
improvements plans; or, if it addresses a topic that is not contained
or not fully developed in the Comprehensive Plan, the request does
not impair the implementation of the Comprehensive Plan.
The amendment establishes review standards for a land use that is not
specifically addressed by the current Zoning Ordinance. It requires
review of compatibility, access, utilities, infrastructure capacity, and
public-service effects, and allows consultation with affected utility
providers and public agencies. The ordinance also ties overlay eligibility
to compatibility with existing and planned land uses and the ability to
accommodate applicable requirements. These provisions provide a
framework for evaluating future proposals against applicable
Comprehensive Plan and utility-planning policies; the text amendment
itself does not approve a specific site or project.
5. The request promotes the purposes of this Zoning Ordinance as
established in § 156.A.002, Purposes, and in other applicable purpose
statements in this chapter.
The ordinance advances the Zoning Ordinance’s purposes by
establishing standards for orderly land use and development,
protecting public health, safety, and welfare, and addressing
compatibility with surrounding properties and public infrastructure.
The DC Overlay identifies locations eligible for Data Center
Development, while the use table and § 156.C.012 preserve applicable
underlying-district restrictions and project review.
6. The proposed amendment helps to mitigate adverse impacts of the
use and development of land on the natural or built environments,
including, but not limited to, mobility, air quality, water quality, noise
levels, stormwater management, wildlife protection, and vegetation;
or will be neutral with respect to these issues;
The ordinance provides tools to evaluate and mitigate potential effects
before project approval. These include separation of specified exterior
equipment from sensitive uses; a Type D landscape bufferyard;
authority to require traffic, utility, capacity, facilities, or other technical
studies; and authority, where permitted by law and the applicable
approval procedure, to condition approval on reasonably necessary
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 19 of 81

infrastructure improvements or a proportionate share. The cooling
provisions favor closed-loop, recirculating, air-cooled, or other waterconserving systems, limit adiabatic cooling, and prohibit once-through
cooling as the primary system. These standards are intended to address
potential effects; actual impacts will depend on the details of future
proposals.
7. The proposed amendment is necessary to address a changing
condition that was not anticipated in the Comprehensive Plan or this
Zoning Ordinance; and
Data Center Development is an emerging land use with potentially
substantial and varying demands for land, electric service, water,
transportation, and other infrastructure. The current Zoning Ordinance
does not contain a comprehensive, use-specific framework for
reviewing these characteristics. The amendment supplies definitions,
location rules, development standards, and review procedures to
address this changing condition.
8. The proposed amendment advances the strategic objectives of the
City Council, such as fiscal responsibility, efficient use of infrastructure
and public services, and other articulated city objectives.
The ordinance provides a consistent process for evaluating potential
Data Center Development and its effects on utilities, infrastructure,
transportation, and public services before approval. It authorizes the
City to request reasonably necessary technical information and, when
legally authorized, to address project-related infrastructure needs
through conditions or proportionate contributions. It also provides
defined procedures for annexation and initial zoning establishment.
These measures support informed, fiscally responsible decisions while
allowing the City to consider economic-development opportunities.
Attachments:

Draft Ordinance 15129

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 20 of 81

ORDINANCE 15129
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MARSHALLTOWN, IOWA,
CHAPTER 156: ZONING, RELATING TO DATA CENTERS AND DEVELOPMENT REVIEW
WHEREAS, the City Council of the City of Marshalltown, Iowa, has adopted Chapter 156,
Zoning; and
WHEREAS, data centers cons�tute an emerging land use that may vary substan�ally in building
size, electrical demand, water demand, infrastructure requirements, and poten�al effects on
surrounding proper�es and public infrastructure; and
WHEREAS, the City Council finds it appropriate to establish standards for the loca�on,
development, expansion, and opera�on of data centers to address land-use compa�bility, site
design, separa�on, buffering, u�lity and infrastructure requirements, and poten�al effects on
surrounding proper�es and public services; and
WHEREAS, the City Council finds the following amendments to Chapter 156 to be in the best
interest of the City and the public in general.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
MARSHALLTOWN, IOWA:
Sec�on 1. Amendment. The following defini�ons are added alphabe�cally to § 156.M.003,
with ACCESSORY UTILITIES added as a new subsec�on within the defini�on of UTILITIES:
ACCESSORY UTILITIES. Electrical, energy, and water infrastructure accessory to and serving
only one Integrated Development. Accessory U�li�es may include electrical substa�ons,
transformers, switchyards, electrical genera�on facili�es, including renewable energy
genera�on facili�es such as solar and wind energy systems, batery energy storage systems,
microgrids, and related electrical equipment; water storage tanks, water treatment plants, and
related water facili�es; and other infrastructure serving only that Integrated Development. An
Accessory U�lity must be incidental and subordinate to, and reasonably propor�onate in size,
capacity, site area, and poten�al effects to, the principal use it serves. A facility that serves or is
designed or intended primarily to serve more than one Integrated Development does not
qualify as an Accessory U�lity. On-site electrical genera�on, including renewable energy
genera�on, may not serve as the primary or sole source of electrical power unless separately
approved as a Major U�lity under this chapter. A gas turbine engine or other combus�on
turbine-based electrical genera�on system is not an Accessory U�lity and shall not be
approved as an accessory use or facility.
DATA CENTER. A facility consis�ng of one or more buildings used primarily for the storage,
management, processing, transmission, hos�ng, or computa�on of digital data and containing
computer or network equipment, systems, servers, appliances, or other associated
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components related to digital data storage and opera�ons. The term includes facili�es used for
cloud compu�ng, coloca�on services, ar�ficial intelligence, machine learning, commercial
cryptocurrency mining opera�ons and associated processing facili�es, or similar compu�ng
ac�vi�es.
A compu�ng or server facility is not considered a Data Center when it is incidental and
accessory to another principal use on the same development site and is primarily intended to
directly support the opera�on of the principal use or uses located on that site.
DATA CENTER BUILDING. A building, or por�on of a building, containing computer or network
equipment, systems, servers, appliances, or other associated components used primarily for
the storage, management, processing, transmission, hos�ng, or computa�on of digital data as
part of a Data Center. The term does not include buildings or por�ons of buildings containing
compu�ng or server facili�es that are incidental and accessory to another principal use on the
same development site, as provided in the defini�on of Data Center.
DATA CENTER DEVELOPMENT. One or more Data Center Buildings and associated
infrastructure located on a single site or on con�guous or func�onally related parcels that
cons�tute an Integrated Development, including buildings or infrastructure constructed or
proposed to be constructed in phases.
INTEGRATED DEVELOPMENT. Mul�ple buildings, lots, parcels, phases, facili�es, or
improvements that are physically integrated or func�onally related and that operate as
components of a coordinated development. In determining whether components cons�tute
an Integrated Development, the Zoning Administrator may consider common or related
ownership, control, opera�on, site access, infrastructure, u�li�es, phasing, applica�ons,
approvals, a common plan of development, a coordinated development scheme, and other
relevant circumstances. The determina�on shall be based on the totality of relevant
circumstances. Common or related ownership may be considered but, standing alone, shall
not establish that separate components cons�tute an Integrated Development. No minimum
number of factors is required. The existence of separate deeds, legal descrip�ons, lot lines,
leases, tenants, or business en��es shall not, by themselves, preclude a finding that
components cons�tute an Integrated Development. Components shall not be deemed an
Integrated Development solely because they receive service from the same u�lity, roadway, or
public infrastructure improvement.
NON-DOMESTIC WATER USE. Water used for cooling, manufacturing, equipment opera�on,
treatment, irriga�on, or another commercial, industrial, ins�tu�onal, or opera�onal purpose.
Non-Domes�c Water Use does not include water used for drinking, handwashing, toilets,
showers, ordinary employee or occupant food prepara�on, or other ordinary domes�c or
sanitary purposes.

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Sec�on 2. Amendment. § 156.B.002, ZONING DISTRICTS ESTABLISHED, shall be deleted in its
entirety and replaced with the following text, which includes establishment of a new DC, Data
Center Overlay Zoning District:
§ 156.B.002 ZONING DISTRICTS ESTABLISHED.
The following zoning districts are established for the purposes described below:
(A) Residential Districts.
(1) AG, Agriculture. The purpose of the AG, Agriculture Zoning District is to provide for
the preservation of land suitable for eventual development until such time as the
necessary facilities and services are provided to such areas.
(2) RR, Rural Residential. The purpose of the RR, Rural Residential Zoning District is to
provide for existing residential or future residential areas in areas of difficult
topography that will develop at a density of approximately two to three dwelling
units per acre.
(3) RL, Low-Density Residential. The purpose of the RL, Low-Density Residential Zoning
District is to provide for single-family and duplex homes at a density of
approximately four to eight dwelling units per acre.
(4) RM, Medium-Density Residential. The purpose of the RM, Medium-Density
Residential Zoning District is to provide for single-family and duplex homes,
townhomes, or small multiple-family developments at a density of approximately
six to 18 dwelling units per acre.
(5) RH, High-Density Residential. The purpose of the RH, High-Density Residential
Zoning District is to provide for single-family and duplex homes, townhomes,
apartments, and other multiple-family developments at a density of
approximately 14 to 31 dwelling units per acre.
(B) Mixed-Use Districts.
(1) MU, Mixed-Use. The purpose of the MU, Mixed-Use Zoning District is to provide for
mixed office, retail, and residential uses in neighborhood centers or in close
proximity to residential areas.
(2) UC, Urban Core. The purpose of the UC, Urban Core Zoning District is to provide for
mixed office, retail, medical, institutional, and residential uses in the more intense
setting of the urban core, including downtown.

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(C) Nonresidential Districts.
(1) GC, General Commercial. The purpose of the GC, General Commercial Zoning
District is to provide for general commercial uses and businesses such as
restaurants, retail, offices, hotels, banks, and other mixtures of uses in areas along
major road corridors and further from residential areas.
(2) GI, General Industrial. The purpose of the GI, General Industrial Zoning District is to
provide for manufacturing, processing, storage, and distribution activities generally
incompatible with residential, civic, and other public uses.
(D) Special Purpose Districts.
(1) PUD, Planned Unit Development. The purpose of the PUD, Planned Unit
Development Zoning District is to provide for the unified and coordinated
development of parcels or tracts of land. Certain freedom of choice as to intended
land uses shall be permitted, provided that the applicable site development
regulations are complied with and that the intended uses are not in conflict with
the general purpose and intent of this Zoning Ordinance or the Comprehensive
Plan.
(2) PI, Public and Institutional. The purpose of the PI, Public and Institutional Zoning
District is to provide primarily for religious, medical, governmental, institutional,
and educational facilities.
(3) REC, Recreation. The purpose of the REC, Recreation Zoning District is to provide
for areas of public or private ownership that will remain undeveloped as open space
or will be developed as parks, including trails, golf courses, and other recreational
facilities appropriate to the need and location.
(E) Overlay Districts.
(1) UC-HD, Urban Core – Historic District. The purpose of the UC-HD, Urban Core –
Historic District is to protect specific characteristics of the historic core of
downtown while facilitating new construction designed to harmonize with the
district's visual character.
(2) DC, Data Center Overlay. The purpose of the DC, Data Center Overlay Zoning District
is to identify locations eligible for Data Center Development based on compatibility
with existing and planned land uses and the ability to accommodate applicable
infrastructure, access, separation, buffering, site-design, public-service, and
mitigation requirements.

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Sec�on 3. Amendment. §156.B.003(D) shall be deleted in its entirety and replaced with the
following text:
(D) Omited or annexed land.
(1) Omited land. Any area within the City that is not shown on the Official Zoning Map as
being included in a zoning district shall be deemed to be in the AG, Agriculture District unless
the City Council designates another zoning district.
(2) Annexed land. Land annexed into the City shall be established in the default base zoning
district corresponding to its applicable Future Land Use designa�on in the Comprehensive
Plan, as provided in Table 156.B.003-1. A different base zoning district may be established
concurrently with annexa�on if expressly requested by the applicant or recommended by the
Planning and Zoning Commission based on the exis�ng lawful principal use or established
development patern of the land, subject to approval by the City Council. A concurrent zoning
establishment establishes the ini�al zoning of annexed land and is not a separate Zone Change
applica�on or rezoning proceeding.
Table 156.B.003-1
Default Zoning of Annexed Land
Future Land Use Designa�on
Default Base Zoning District
Agricultural
AG, Agriculture Zoning District
Urban Reserve
AG, Agriculture Zoning District
Low-Intensity Area
RR, Rural Residen�al Zoning District
Medium-Intensity Area
RM, Medium-Density Residen�al Zoning District
High-Intensity Area
RH, High-Density Residen�al Zoning District
Commercial Mixed-Use
GC, General Commercial Zoning District
Downtown Mixed-Use
UC, Urban Core Zoning District
Industrial
GI, General Industrial Zoning District
Parks and Open Space
REC, Recrea�on Zoning District
Public and Semi-Public
PI, Public and Ins�tu�onal Zoning District
(3) Uncertain or mul�ple designa�ons. If the applicable Future Land Use designa�on cannot be
determined, is not addressed in Table 156.B.003-1, or includes more than one designa�on
applicable to the annexed land, the land shall be established in the AG, Agriculture Zoning
District unless the City Council establishes another base zoning district concurrently with
annexa�on.
(4) Overlay districts. Overlay Districts are not default base zoning districts and shall not be
assigned automa�cally to annexed land based on its Future Land Use designa�on. An Overlay
District may be established or applied concurrently with annexa�on by ac�on of the City
Council. A request to establish or apply an Overlay District concurrently with annexa�on shall
not be treated as a default zoning establishment.
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Sec�on 4. Amendment. §156.C.002(C)(1) is deleted in its en�rety and replaced with the
following:
1. “P” means that the land use is permited by right, subject to all applicable standards of this
chapter, including any use-specific standards iden�fied in the Standards column of Table
156.C.003-1.
Sec�on 5. Amendment. §156.C.002(E) is deleted in its en�rety and replaced with the
following:
(E) Standards. The Standards column provides a reference to addi�onal use-specific standards
applicable to a use. Such standards apply regardless of whether the use is iden�fied as
permited by right (P), permited with limita�ons (L), or allowed as a special use (S), unless
otherwise expressly provided. Where “N/A” is shown in the Standards column, Ar�cle C
establishes no addi�onal use-specific standard beyond the standards otherwise applicable
under this chapter.
Sec�on 6. Amendment. Table 156.C.003-1, Use Table, is amended by adding the following row
within the Industrial use category and adding a new table note:
Table 156.C.003-1,
Use Table
Use
Category

Data Center 3

Specific
Use1

Cv =
Conventional
Cl = Cluster
In = Infill

All Data Center Uses 3

Residential

Mixed
Nonresidential
- Use

RL RM RH
A R
MU UC GC PI REC GI
Cv Cl Cv In Cv In
G R
Industrial
-- -- -- -- -- -- -- -- -- -- S3 S3 -- S3

Standards

156.C.012

Table Notes
3 Within the DC, Data Center Overlay Zoning District, the “S” designation for a Data Center is changed to
“P.” A Data Center designated “S” or “P” is subject to § 156.C.012.
Sec�on 7. Amendment. A new § 156.C.012 is added as follows:
§ 156.C.012 DATA CENTERS.
(A) Purpose. The purpose of this sec�on is to establish standards for the loca�on,
development, expansion, and opera�on of Data Centers according to their physical
characteris�cs and poten�al effects on surrounding proper�es, public infrastructure, u�li�es,
transporta�on systems, and public services.
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(B) Development review. A Data Center Development shall be subject to Site Plan review and
any other applicable development-review procedures of this chapter, including Special Use
Permit approval where required.
(C) Accessory uses and facili�es.
(1) Subject to all applicable standards of this chapter, the following uses and facili�es may be
accessory to a Data Center Development when incidental and subordinate to the principal
Data Center use:
a. Accessory U�li�es;
b. Offices, maintenance facili�es, employee support facili�es, and similar facili�es.
(2) An accessory use or facility shall remain subordinate and incidental to the Data Center
Development. Its size, capacity, site area, and poten�al effects shall be reasonably
propor�onate to and suppor�ve of the principal Data Center use. A use or facility designed or
intended primarily to serve uses or proper�es outside the Data Center Development shall not
qualify as an accessory use or facility and is subject to the zoning requirements applicable to
the corresponding principal use.
(3) The Zoning Administrator shall determine whether a proposed use or facility qualifies as
accessory based on its nature, size, capacity, loca�on, opera�onal rela�onship to the Data
Center Development, and poten�al effects.
(D) Separa�on and buffering.
(1) A minimum separa�on distance of 300 feet shall be maintained between any electrical
generator, exterior cooling equipment, or other noise-producing exterior mechanical or
electrical equipment serving a Data Center Development and the property line of:
a. Any property, located inside or outside the corporate limits, containing a principal Public
Assembly use legally established and authorized under applicable law, or subject to a valid and
unexpired building permit authorizing construc�on of a principal Public Assembly use; or
b. Any property, located inside or outside the corporate limits, that contains a dwelling legally
authorized for occupancy under applicable law and is either zoned for residen�al use or zoned
for agricultural use under the applicable city or county zoning regula�ons; or
c. Any vacant property, located inside or outside the corporate limits, that is zoned for
residen�al use and was created as a separate lot by a recorded subdivision plat or other lawful
subdivision approval within five years before submission of the Data Center Development
applica�on.
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(2) The required separa�on shall be measured as the shortest horizontal distance between the
applicable equipment and the property line from which separa�on is required.
(3) The separa�on requirement applies only to the equipment iden�fied in paragraph (1). It
does not apply to standard building walls, parking areas, internal drives, security fencing,
stormwater-management facili�es, landscaping, u�lity connec�ons that do not contain
equipment subject to the separa�on requirement in paragraph (1), or similar site features.
Those features remain subject to all otherwise applicable setbacks, buffering, screening, and
development standards.
(4) A Type D bufferyard in accordance with § 156.F.004 shall be provided:
a. Along each por�on of the outer perimeter boundary of a Data Center Development that
abuts the right-of-way of a street classified as a Principal Arterial, Minor Arterial, Major
Collector, or Minor Collector in the Comprehensive Plan; and
b. Along each por�on of the outer perimeter boundary for which § 156.F.004 otherwise
requires a bufferyard based on the zoning district or use of adjoining property.
A Type D bufferyard required by this paragraph shall be provided in lieu of, and shall sa�sfy,
any less restric�ve bufferyard otherwise required along the same boundary. Bufferyard
requirements applicable to the same boundary are not cumula�ve.
(E) U�lity, transporta�on, and infrastructure coordina�on.
(1) The City may require a u�lity analysis, capacity analysis, traffic study, facili�es study, or
other technical documenta�on reasonably necessary to evaluate the proposed Data Center
Development and its effects on public infrastructure and services. The City may require that
such documenta�on be reviewed by an independent qualified professional selected or
approved by the City. Before incurring any cost for an independent review, the City shall
provide the applicant with a writen es�mate of the review cost and obtain the applicant’s
writen agreement to pay that cost. The applicant shall pay the reasonable cost of the
independent review. An applica�on shall not be approved un�l all technical documenta�on
reasonably required under this paragraph has been submited and evaluated.
(2) In reviewing an applica�on for a Data Center Development, the City may consult affected
u�lity providers, the City Engineer, and other public agencies.
(3) Review under this sec�on addresses local land-use, site-design, transporta�on,
infrastructure-coordina�on, and public-service effects. It does not cons�tute approval of u�lity
rates, service territories, or u�lity genera�on or interconnec�on maters within the exclusive
jurisdic�on of a state or federal agency or u�lity provider.

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(4) A Site Plan or Special Use Permit for a Data Center Development may be condi�oned, to
the extent authorized by the applicable approval procedures and other applicable law, on the
construc�on or installa�on of public or private infrastructure improvements reasonably
necessary to serve the Data Center Development or mi�gate its project-related effects, or on
payment of the Development’s propor�onate share of those improvements.
(5) Grid connec�on and primary power source. A Data Center Development shall be connected
to and capable of receiving electric service from the public electric u�lity system serving the
Development. On-site electrical genera�on, including renewable energy genera�on, may serve
as the primary or sole source of electrical power only if approved as a Major U�lity under this
chapter. Approved Accessory U�li�es, including supplemental solar or wind energy systems,
batery energy storage, and other on-site energy systems, may supplement u�lity service,
subject to this chapter and other applicable law.
An applica�on for approval of on-site electrical genera�on as a Major U�lity may be submited
and reviewed concurrently with an applica�on for the Data Center Development. Approval of
the Data Center Development, including approval of accessory standby or backup genera�on
facili�es, does not authorize on-site genera�on to serve as the primary or sole source of
power. Major U�lity approval must be granted before on-site genera�on may serve in that
capacity.
(6) Water-use systems. The primary cooling system serving a Data Center Development shall
use closed-loop, recircula�ng, air-cooled, or other water-conserving technology approved by
the City Engineer. Adiaba�c cooling may be used only as a supplemental cooling method. It
shall not be used as the primary cooling method or as a rou�ne, year-round opera�ng method.
Once-through cooling systems that con�nuously withdraw and discharge water for cooling
purposes shall not serve as the primary cooling system. The Development shall minimize NonDomes�c Water Use through water reuse, recycling, conserva�on, and other feasible
measures. This paragraph does not restrict ordinary domes�c or sanitary water use, including
water used for drinking, handwashing, toilets, showers, or ordinary employee food
prepara�on.
Sec�on 8. Amendment. §156.D.002(I) is deleted in its en�rety and replaced with the
following:
(I) Exemp�on. A building wall is exempt from the requirements of this sec�on when any of the
following applies:
(1) The development is located within the GI, General Industrial Zoning District, and the
building wall:
(a) Is located more than 300 feet from the right-of-way line of any public street classified as a
Principal Arterial or Minor Arterial, and more than 300 feet from the planned alignment of any
proposed Principal Arterial or Minor Arterial iden�fied in the Comprehensive Plan; and
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(b) Is located more than 300 feet from the property line of any property not zoned GI, General
Industrial.
(2) The building wall directly faces undeveloped land designated Agriculture, Urban Reserve, or
Parks and Open Space in the Comprehensive Plan; or
(3) A Type D bufferyard in accordance with § 156.F.004 is installed and maintained along the
property boundary adjoining the building wall, whether or not the bufferyard would otherwise
be required by this chapter.
Sec�on 9. Amendment. Table 156.E.004, Minimum and Maximum Parking, is amended by
adding the following:
Table 156.E.004
Minimum and Maximum Parking
SF = square feet GFA = gross floor area -- = no minimum or maximum, as applicable
Use Category
Subtype
Minimum Spaces
Maximum Spaces
Data Center
All Data Center Types
1 per employee
-Sec�on 10. Amendment. §156.F.004(A) shall be deleted in its en�rety and replaced with the
following:
(A) Generally. The bufferyards required by this sec�on provide transi�ons and physical barriers
between proper�es containing differing land uses to reduce visual, noise, and other
incompa�bili�es. Bufferyards are classified according to the level of screening they provide,
from Type A, providing the lowest level of screening, through Type D, providing the highest
level of screening, based on the types and intensi�es of adjoining land uses.
Sec�on 11. Amendment. §156.F.004(B)(2) shall be deleted in its en�rety and replaced with the
following:
(2) Plan�ngs within Type A, Type B, and Type C bufferyards may be arranged in naturalis�c
groupings or evenly spaced. Plan�ngs within a Type D bufferyard shall be arranged in
staggered rows or naturalis�c groupings that provide a layered, year-round visual screen.
Sec�on 12. Amendment. §156.F.004(C) shall be deleted in its en�rety and replaced with the
following:
(C) Bufferyard types. There are four types of bufferyards, each of which varies in width and
the numbers and types of plants required per 100 linear feet. The minimum plan�ng
requirements for each type of bufferyard are set out in Table 156.F.004-1, Bufferyard
Classifica�ons, except that parking lot setback plan�ngs are set out in § 156.F.003,
Development Landscaping. Illustra�ve examples of bufferyards are in Figure 156.F.004-1,
Illustra�ve Bufferyard Types.
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Sec�on 13. Amendment. Table 156.F.004-1, Bufferyard Classifica�ons, is amended by adding
the following row under “Op�on 1: Landscape Only Bufferyard” and adding Table Note 3:

Type

Width

Table 156.F.004-1
Bufferyard Classifica�ons
Required Plan�ngs per 100 Linear Feet
Overstory Understory Evergreen
Shrubs
Trees
Trees
trees

Height of
Berm,
Wall, or
Fence1

Op�on 1: Landscape Only Bufferyard
Type D 3
30 �.
4
4
8
20
N/A
Table Notes:
3 Only Op�on 1 applies to a Type D bufferyard. A berm, wall, or fence may be provided in
addi�on to the required landscaping but shall not replace or reduce the required bufferyard
width or plan�ngs.
Sec�on 14. Amendment. §156.F.004(F) shall be deleted in its en�rety and replaced with the
following:

(F) Warranted excep�ons to bufferyard requirements. When a bufferyard requirement would
overburden a property by making development imprac�cal, the Zoning Administrator may, in
the Zoning Administrator’s discre�on, reduce the required bufferyard width and require a
privacy fence, screening wall, or other measures to mi�gate the effects on the property to be
buffered. Notwithstanding the foregoing, the required width or plan�ngs of a Type D
bufferyard shall not be reduced, waived, or otherwise modified under this division or through
an Administra�ve Adjustment. A fence, wall, berm, or other screening measure may
supplement, but shall not replace, the required Type D plan�ngs.
Sec�on 15. Amendment. §156.F.004(H) shall be deleted in its en�rety and replaced with the
following:
(H) Rela�onship to other bufferyard requirements. Certain uses may be subject to addi�onal or
different bufferyard requirements established elsewhere in this Zoning Ordinance. Where
more than one bufferyard requirement applies along the same por�on of a property boundary,
the requirement providing the greater level of screening shall apply. Bufferyard requirements
applicable to the same por�on of a property boundary are not cumula�ve.
Sec�on 16. Amendment. §156.I.001(C), Appeals, is deleted in its en�rety.

Page 11 of 17

Page 31 of 81

Sec�on 17. Amendment. Subsec. 156.J.002.3, Applica�on Completeness, is amended by
adding a new division (E), and redesigna�ng exis�ng divisions (E) and (F) as divisions (F) and
(G), respec�vely, to read as follows:
(E) Completeness review deadlines.
(1) The Zoning Administrator shall determine whether an applica�on subject to completeness
review is complete within 20 business days a�er its ini�al submission. If the Zoning
Administrator does not provide writen no�ce within that period iden�fying the applica�on’s
missing or incomplete items, the applica�on shall be deemed complete.
(2) Within 10 business days a�er each resubmission, the Zoning Administrator shall determine
whether the applica�on is complete. If the Zoning Administrator does not provide writen
no�ce within that period iden�fying any remaining missing or incomplete items, the
applica�on shall be deemed complete. If the Zoning Administrator �mely iden�fies remaining
missing or incomplete items, the applicant may resubmit the applica�on, and the 10-businessday review period shall apply to each subsequent resubmission. This process shall con�nue
un�l the applica�on is deemed complete under this division or is deemed null and void under
division (D).
(3) The deadlines in this division apply to each applica�on iden�fied in Table 156.J.002.12-2 as
requiring an applica�on completeness review.
Sec�on 18. Amendment. Subsec. 156.J.002.6(D), Se�ng hearing, is deleted in its en�rety and
replaced with the following:
(D) Se�ng hearing. For any mater properly brought before the Board of Adjustment or the
Planning and Zoning Commission for which this Zoning Ordinance requires a public hearing,
the development review body responsible for conduc�ng the hearing shall, upon receipt of an
applica�on deemed complete under Subsec. 156.J.002.3, select a reasonable �me and place
for the hearing. The hearing shall commence no later than 60 calendar days a�er the date the
applica�on is deemed complete, unless the applicant agrees in wri�ng to a later date.

Page 12 of 17

Page 32 of 81

Sec�on 19. Amendment. Table 156.J.002.6-1, Required No�ce, is amended by adding the
following row under “Legisla�ve Applica�ons”:

Review
Procedure
Legisla�ve
Applica�ons

Applica�on
Type
Annexa�on and
Concurrent
Zoning
Establishment

Table 156.J.002.6-1
Required No�ce
Review Body
City Council;
Planning and
Zoning
Commission,
when required

Publica�on

Posted

Required

Required

Sec�on 20. Amendment. Table 156.J.002.12-1, Development Review Summary Table, is
amended by adding the row for Annexa�on and Concurrent Zoning Establishment under
“Legisla�ve Applica�ons”.
Table 156.J.002.12-1
Development Review Summary Table
Development
Submital
Expira�on1
Review Responsibili�es
Applicable
Applica�on
Timing
Standards
Recommenda�on
Final
(Reference)
Decision
LEGISLATIVE APPLICATIONS: Require final decisions that establish or change the way the use,
design, or development of land will occur on a site-specific, city-wide, or intermediate scale.
Elected and appointed administra�ve bodies make final decisions based on general
considera�ons of fostering and preserving the public health, safety and general welfare, including
the city's fiscal well-being. Such final decisions are characterized by the exercise of broad
discre�on.
Annexa�on
Prior to
N/A
1st: Zoning
City
§ 156.B.003(D);
and
annexa�on
Administrator;
Council
§ 156.J.003.4;
Concurrent
2nd: Planning and
Iowa Code
Zoning
Zoning
chapter 368
Commission,
Establishment
(§
when required
156.J.003.4)

Page 13 of 17

Page 33 of 81

Sec�on 21. Amendment. Table 156.J.002.12-2, Review Steps, is amended by:
(1) Adding a new “Annexa�on and Concurrent Zoning Establishment” column under
“Legisla�ve Applica�ons,” with the applicable entries shown below;
(2) Revising the table key to read:
KEY: “Yes” = Common Review Procedure Required; “No” = Common Review Procedure Not
Required; “N/A” = Common Review Procedure Not Applicable.
Table 156.J.002.12-2
Review Steps
General Review Procedures
(Subsec�on Reference)
Pre-Applica�on Conference
(156.J.002.1)
Applica�ons and Fees
(156.J.002.2)
Applica�on Completeness
(156.J.002.3)
Staff Review (156.J.002.4)
Common Review Criteria
(156.J.002.5)
Public No�ce (156.J.002.6)
Public Mee�ngs and Hearings
(156.J.002.7)
Con�nuances and Withdrawals
(156.J.002.8)
Successive Applica�ons
(156.J.002.9)
Inac�ve or Expired Applica�ons
(156.J.002.10)
Approval Extension
(156.J.002.11)

Legisla�ve
Annexa�on and Concurrent Zoning Establishment
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
N/A
N/A
KEY:
"Yes" = Common Review Procedure Required; “No” =
Common Review Procedure Not Required; “N/A” = Common
Review Procedure Not Applicable

Page 14 of 17

Page 34 of 81

Sec�on 22. Amendment. § 156.J.003, Legisla�ve Review Procedures, is amended by adding a
new Subsec. 156.J.003.4:
156.J.003.4 Annexa�on and Concurrent Zoning Establishment.
(A) Applicability. This subsec�on establishes the procedure for an applica�on for annexa�on,
including the concurrent establishment of the ini�al zoning of the territory proposed for
annexa�on.
(B) Applica�on contents. An applica�on for annexa�on shall include:
(1) The proposed annexa�on area, including a map and legal descrip�on sufficient to iden�fy
the territory proposed for annexa�on;
(2) The names of all property owners within the proposed annexa�on area and the consent
status of each owner;
(3) For an applica�on subject to Planning and Zoning Commission review under paragraph (D),
the applica�on materials shall also iden�fy, as applicable:
(a) Any alterna�ve base zoning district requested to be established concurrently with
annexa�on; and
(b) Any Overlay District requested to be established or applied concurrently with annexa�on.
(C) Direct City Council review. An annexa�on applica�on may proceed directly to the City
Council when:
(1) All property owners within the proposed annexa�on area consent to the annexa�on;
(2) The applicant accepts the default base zoning district iden�fied in Table 156.B.003-1;
(3) The proposed annexa�on and concurrent zoning establishment are consistent with the
Comprehensive Plan; and
(4) No amendment to the Comprehensive Plan, alterna�ve base zoning district, or Overlay
District is requested.
(D) Planning and Zoning Commission review required. Any annexa�on applica�on that does
not sa�sfy all of the criteria for direct City Council review under paragraph (C) shall be
reviewed by the Planning and Zoning Commission before final ac�on by the City Council.
Planning and Zoning Commission review under this subsec�on is advisory and supplements,
but does not replace, any no�ce, hearing, approval, review, or filing requirement imposed by
Iowa Code chapter 368.
Page 15 of 17

Page 35 of 81

(E) Planning and Zoning Commission recommenda�on. When Planning and Zoning Commission
review is required, the Commission shall review the proposed annexa�on and concurrent
zoning establishment and may recommend:
(1) Approval of the annexa�on and default base zoning district;
(2) Approval of the annexa�on with an alterna�ve base zoning district based on the exis�ng
lawful principal use or established development patern of the land;
(3) Approval of the annexa�on with or without the requested Overlay District;
(4) Approval subject to modifica�ons or condi�ons authorized by law; or
(5) Denial of the proposed annexa�on or concurrent zoning establishment.
(F) City Council ac�on. Following Planning and Zoning Commission review, when required, the
City Council shall act on the proposed annexa�on and any concurrent zoning establishment.
The City Council may approve or deny the proposed annexa�on and may establish the default
or an alterna�ve base zoning district and approve or deny any requested Overlay District,
subject to applicable law and any addi�onal approval required under Iowa Code chapter 368.
(G) Ini�al zoning establishment. A concurrent zoning establishment establishes the ini�al City
zoning of annexed land and is not a separate Zone Change applica�on or rezoning proceeding.
An Overlay District requested in connec�on with an annexa�on is not a default zoning
assignment and shall be considered separately from the default base zoning district.
(H) Separate future zoning ac�on. If the City Council establishes the default base zoning district
and does not establish a requested alterna�ve base zoning district or Overlay District
concurrently with annexa�on, an applica�on to establish the alterna�ve base zoning district or
Overlay District may be submited a�er the annexa�on is complete. The applica�on is subject
to the review procedure applicable to that zoning ac�on and is not subject to the successiveapplica�on limita�on in Subsec. 156.J.002.9 solely because the City Council established the
default base zoning district with the annexa�on.
Sec�on 23. Severability.
If any sec�on, provision, or part of this ordinance is adjudged invalid or uncons�tu�onal, that
adjudica�on shall not affect the validity of the ordinance as a whole or any sec�on, provision,
or part not adjudged invalid or uncons�tu�onal.
Sec�on 24. Effec�ve Date.
This ordinance shall be in full force and effect a�er its final passage, approval, and publica�on
as provided by law.
Page 16 of 17

Page 36 of 81

Passed this _____ day of ____________ 2026 and signed this _____ day of ___________ 2026.
CITY OF MARSHALLTOWN, IOWA

Mike Ladehoff, Mayor
ATTEST:

Alicia Hunter, City Clerk
I, Alicia Hunter, City Clerk of the City of Marshalltown, Iowa, do hereby cer�fy that the foregoing
ORDINANCE was passed and approved by the City Council of the City of Marshalltown, Iowa, on
the _____ day of ____________ 2026, and was published in the Marshalltown TimesRepublican, a newspaper of general circula�on in the City of Marshalltown, Iowa, on the _____
day of ____________ 2026.
_______________________________
Alicia Hunter, City Clerk

Page 17 of 17

Page 37 of 81

HOUSING & COMMUNITY DEVELOPMENT
TO:
FROM:
DATE:
RE:

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Planning and Zoning Commission
Clayton Ender, AICP, Assistant Housing & Community Development Director
October 15, 2026
Public Hearing and Recommendation on Ordinance 15130 - An Ordinance
Establishing a New Chapter 96 Relating to Mandatory Connection to the Public
Water System

City Staff Contact:

Clayton Ender, AICP
Assistant Director of Housing and Community Development
Phone: 641-754-5756
Email: [email protected]

Applicant:

City of Marshalltown
24 N Center Street
Marshalltown IA 50158

Recommendation: Staff recommends that the Planning and Zoning Commission recommend
approval of Ordinance 15130, establishing Chapter 96 of the City Code to
require connection to the public water system and prohibit interconnection
with private water sources, subject to the Commission’s findings and
discussion.
Background

Ordinance 15130 would add Chapter 96 to the City Code to establish
requirements for connecting qualifying occupied or usable premises within
Marshalltown’s corporate limits to the City’s public water system. After
connection, a customer or resident may not obtain water from another source
or interconnect a private well or other water source with the public system.
The ordinance exempts existing premises that, on or before its effective date,
are served by a separate water source that is not interconnected with the City
system. The exemption applies to the existing owner and generally does not
transfer to a new owner unless the property satisfies the applicable exceptions
in Chapter 97.
Required connections must be completed within 60 days after the ordinance
takes effect or after official notice to connect, whichever is later. Newly
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 38 of 81

constructed structures must connect before occupancy. If an owner fails to
connect within the required period, the City or City Utility may complete the
connection and assess the cost against the property. Violations may also be
treated as municipal infractions.
The ordinance states that its purposes include protecting public health, safety,
welfare, and the environment; promoting water conservation; supporting
consistent water treatment; and fairly allocating the costs of utility service.
Attachments:

Draft Ordinance 15130

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 39 of 81

ORDINANCE 15130
AN ORDINANCE RELATING TO THE MANDATORY CONNECTION TO THE
PUBLIC WATER SYSTEMS OF THE CITY OF MARSHALLTOWN, IOWA
WHEREAS, the City of Marshalltown, Iowa (“the City”), pursuant to the powers vested in it by
Article III, § 38A of the Iowa Constitution and by Iowa Code chapter 364, in order to promote,
protect, and improve the public health and general welfare of the citizens of the City, deems it
necessary to make and place into effect certain rules and regulations regarding connections to the
public water systems within the City; and
WHEREAS, the City deems it necessary to promote, protect, and improve the public health and
general welfare of the citizens of the City by requiring the connection of homes, buildings,
premises or other facilities within the City to the public water systems and prohibiting the
interconnection of private well water systems so as to ensure the public water supply is not
contaminated by a private source of water; and
WHEREAS, the City has the Constitutional and statutory power to require such connections to the
public water systems and to prohibit the interconnection of private well water with City water; and
WHEREAS, all such powers of the City are appropriately exercised by the passage of this
ordinance.
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
MARSHALLTOWN, IOWA:
SECTION 1. TEXT AMENDMENT – TITLE IX. GENERAL REGULATIONS of the Code of
Ordinances is amended by adding the following new Chapter 96:
§ 96.001 PURPOSE. The City has the right and duty to promote, protect, and improve the public
health and general welfare of the citizens of the City, including by requiring the connection of
homes, buildings, premises or other facilities within the City to the public water systems of the
City in order to ensure sufficient access to potable water and by prohibiting the interconnection of
private well water systems in order to ensure that the public water supply is not contaminated by
contact with a private source of water.
§ 96.002 MANDATORY CONNECTION. Every parcel of land or premises within the corporate
limits of the City of Marshalltown, that is improved by construction of a home, building, premises,
structure, or other facility for occupancy and capable of being occupied or used by any person or
persons, for employment, for recreation, as a commercial business, as an industrial facility, or for
other similar purposes shall connect such land or premises with the City’s public water supply
system. Once so connected, a customer or resident shall not obtain water from any other source
and no resident of the City or customer of the City’s water utility shall interconnect a private well
Page 1 of 5

Page 40 of 81

or other source of water with the City’s public water supply system. The purposes of the mandatory
connection requirement and the prohibition on the interconnection of private sources are to protect
the public health, welfare, safety, and environment, to promote water resource conservation; to
eliminate inferior treatment processes, to create economies of scale for source water treatment,
transmission and distribution, and the allocation of the costs of utility service fairly among all users
of the system. The owner, manager, or corporate officer responsible for the land or premises shall
make or cause to be made, such connection.
§ 96.003 EXEMPTION. Existing homes, buildings, premises or other facilities within the City
currently supplied by an existing water source that is not interconnected with the City’s public
water supply system on or before the effective date of this ordinance are exempt from the
mandatory connection requirement described in this chapter. This exemption applies only to
existing owners and shall not be transferred to a new owner upon a change in ownership of the
property, unless all the exceptions to private well restrictions in Chapter 97 of the City of
Marshalltown Code of Ordinances are satisfied.
§ 96.004 CONNECTION DEADLINE. As a matter of public health, all connections to the public
water systems shall be completed no later than sixty (60) days after the effective date of this
ordinance or the date of official notice by the City and/or City Utility to make such connections,
whichever is later. Newly constructed structures required to connect shall be connected prior to
occupancy thereof, and the City may withhold certificates of occupancy until the connection
requirement is satisfied.
§ 96.005 CONNECTION BY THE CITY OR THE CITY UTILITY. Whenever a connection is
required and the person owning the real estate fails to make the connection within the time fixed
by the governing body of the City or the City Utility, the governing body of the City or the City
Utility shall cause such connections to be made, and may assess against the property in front of
which such connections are made and the cost and expense thereof.
§ 96.006 REPORT OF COSTS WHEN CONNECTION IS MADE BY THE CITY OR CITY
UTILITY. Whenever the governing body of the City or City Utility shall cause a connection to
be made pursuant to this chapter, the person having charge of making the connection shall make a
return of the actual cost and expense thereof to the governing body at its first regular meeting
thereafter, giving a detailed statement and the description of the various pieces of property and the
names of the owners of the property, and the amount of cost and expense for making the
connections.
§ 96.007 ASSESSMENT OF COSTS WHEN CONNECTION IS MADE BY THE CITY OR
CITY UTILITY.
(1) In the making of the report of costs required in Section 6 of this ordinance, it shall be
the duty of the governing body of the City or City Utility to give notice to all whom it may concern,
by publication in the official newspaper of the city, that the cost and expense will be assessed
Page 2 of 5

Page 41 of 81

against the property in front of which such connections have been made by the city and/or city
utility, and that the matter will be acted upon at the first regular meeting of the governing body
thereafter, and that any objections thereto will be heard at the meeting.
(2) After hearing objections, if there be any made, and making such alteration in the
assessment as the governing body may deem just, the governing body may make the assessment.
It shall be the duty of the person owning the property or premises so assessed to pay the assessment
within 30 days after levy of the assessment. At the expiration of the 30 days, the City and/or City
Utility shall report those having failed to pay, and shall certify the assessment, if there are any
delinquent thereon, to the county auditor, to be collected and paid over to the county treasurer in
the same manner as other taxes. In addition, the City and/or City Utility reserves the right to file
an appropriate action in a court of applicable jurisdiction to seek injunctive or other appropriate
relief to compel such connections.
§ 96.008 MUNICIPAL INFRACTION. Any violation of the provisions of this chapter shall be
subject to a municipal infraction in accordance with Section 10.999 of the City of Marshalltown
Code of Ordinances. Each day that a violation continues and each premises of the owner at which
it occurs shall constitute a separate and distinct violation.
SECTION 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION 3. Severability. If any section, provision, or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 4. Effective Date. That the provisions of this ordinance shall become effective from
and after its final passage, approval, and publication as provided by law.

Page 3 of 5

Page 42 of 81

STATE OF IOWA
COUNTY OF MARSHALL

ORDINANCE CERTIFICATE
)
) SS
)

1. I certify that Ordinance Number _______________, of which a true copy is attached, was duly
adopted by the City Council of the City of Marshalltown, State of Iowa, signed by the Mayor
and published as required by law and is now in effect. I further certify that the consideration(s)
and votes taken for the enactment of the Ordinance occurred as follows:
(For any consideration that was waived, insert N/A in the blanks for that consideration
and complete paragraph regarding waiver below.)
First consideration - Date:
Vote: In favor
,
Opposed
,
Absent or Abstain
.

2.
3.

4.

5.

Second consideration - Date:
Vote: In favor
,
Absent or Abstain

Opposed

,
.

Third Consideration - Date:
Vote: In favor
,
Absent or Abstain

Opposed

,

.

On the date of ____________________, 2026, the City Council adopted a motion for the
suspension of the rule requiring separate consideration at three meetings and voted the final
adoption of the Ordinance. The vote for suspension of the rules was by three-fourths of
the full City Council, voting _____ in favor, _____ opposed, and _____ absent, vacant or
abstaining and was duly recorded as noted above.
I further certify that if any consideration of the Ordinance did not receive an affirmative vote
for passage, there was no further consideration of the Ordinance on any date thereafter.
Following final approval of the Ordinance by the City Council, the full text of Ordinance (or a
summary of the Ordinance complying with Iowa Code Section 380.7(3)) was published in the
following newspaper(s): ____________________ on the following date(s):
_______________, 2026.
I further certify that each meeting for the consideration of the Ordinance was duly and publicly
held, with a notice of the meeting and tentative agenda naming the consideration of the
Ordinance timely posted and upon reasonable advance notice to the media as required by the
Chapter 21, Code of Iowa, and rules of the Council then governing.
I further certify that the individuals named therein were on the date thereof duly and lawfully
possessed of their respective city offices as indicated therein, that no Council vacancy existed
except as may be stated in the proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization, existence or boundaries of the
City or the right of the individuals named therein as officers to their respective positions.

Page 4 of 5

Page 43 of 81

WITNESS my hand and the seal of the City hereto affixed this __________ day of
_______________, 2026.
City Clerk, City of Marshalltown, State of Iowa
(SEAL)
4894-1430-2177-7\20500-000

Page 5 of 5

Page 44 of 81

HOUSING & COMMUNITY DEVELOPMENT
TO:
FROM:
DATE:
RE:

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Planning and Zoning Commission
Clayton Ender, AICP, Assistant Housing & Community Development Director
October 15, 2026
Public Hearing and Recommendation on Ordinance 15131 - An Ordinance
Establishing a New Chapter 97 Relating to Restrictions on Drilling Private Wells

City Staff Contact:

Clayton Ender, AICP
Assistant Director of Housing and Community Development
Phone: 641-754-5756
Email: [email protected]

Applicant:

City of Marshalltown
24 N Center Street
Marshalltown IA 50158

Recommendation: Staff recommends that the Planning and Zoning Commission recommend
approval of Ordinance 15131 to the City Council. The ordinance would add
Chapter 97 to the City Code, generally prohibiting new private wells on
occupied or occupiable properties when connection to the public water system
is reasonably available. It provides an exception process for extraordinary
hardship, subject to City Council approval and review by Marshalltown Water
Works.
Background

The City proposes to regulate new private wells within its corporate limits to
protect the public water supply and reduce the burden on the aquifer or
surface water source serving the system. Under the proposed ordinance, a
property may not drill, construct, operate, or maintain a well for any purpose
when public water service is reasonably available; the City would make the final
determination of availability.
Existing wells in operation when the ordinance is passed would generally be
allowed to remain until the property changes ownership. A new or continued
well may be considered by the City Council upon written application when
extraordinary circumstances create an extraordinary hardship. The application
must include information from Marshalltown Water Works addressing public
water availability, effects on the aquifer and water quality, impacts on utility
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 45 of 81

ratepayers, and potential conflicts with monitored leaking underground
storage tank sites or other water quality concerns. Violations would be subject
to municipal infraction enforcement. The ordinance would take effect after
final passage, approval, and publication.
Attachments:

Draft Ordinance 15131

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 46 of 81

ORDINANCE 15131
AN ORDINANCE RELATING TO RESTRICTIONS ON DRILLING PRIVATE WELLS
IN THE CITY OF MARSHALLTOWN, IOWA
WHEREAS, the City of Marshalltown, Iowa, the “City” herein, under and pursuant to the powers
vested in it by Article III, § 38A of the Iowa Constitution and by Iowa Code chapter 364, in order
to promote, protect, improve the public health and general welfare of the citizens of the City, and
to reduce the burden on the aquifer and/or surface water source that supplies water to the public
water systems of the City deems it necessary to make and place into effect certain rules and
regulations regarding the public water systems within the City and the drilling of private wells;
and
WHEREAS, the City deems it necessary to promote, protect, improve the public health and general
welfare of the citizens of the City, and to reduce the burden on the underground aquifer and/or
surface water source that supplies water to the public water systems of the City; and
WHEREAS, the City has the Constitutional and statutory power to restrict the drilling of private
wells within City limits; and
WHEREAS, all such powers of the City are appropriately exercised by the passage of this
ordinance.
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
MARSHALLTOWN, IOWA:
SECTION 1. TEXT AMENDMENT – TITLE IX. GENERAL REGULATIONS of the Code of
Ordinances is amended by adding the following new Chapter 97:
§ 97.001 PURPOSE. The City has the right and duty to promote, protect, and improve the public
health and general welfare of the citizens of the City, including by prohibiting the creation of new
private wells within the City in order to ensure the adequacy, integrity, and quality of the public
water supply of the City’s residents and to reduce the burden on the aquifer and/or surface water
source that supplies water to the public water systems of the City.
§ 97.002 PRIVATE WELLS PROHIBITED. No parcel of land or premises within the corporate
limits of the City of Marshalltown, that is improved by construction of a home, building, premises,
structure, or other facility for occupancy and capable of being occupied or used by any person or
persons, for employment, for recreation, as a commercial business, as an industrial facility, or for
other similar purposes may drill, construct, operate or maintain any water well used for any
purpose if connection to the public water supply system is reasonably available. The City reserves
the right to make the final determination as to whether the public water supply system is reasonably
available.
Page 1 of 5

Page 47 of 81

§ 97.003 EXCEPTIONS.
A.
This chapter shall not apply to any private well existing and in operation within the
corporate limits of the City of Marshalltown on the date of the passage of the ordinance until such
time as there is a change in ownership of the property, unless all of the conditions in Section 3(B)
of this chapter are satisfied.
B.
This chapter shall not apply to a private well upon written application to the City
of Marshalltown and the City Council determines that the proposed private well is needed due to
extraordinary circumstances caused by the location of the property at issue which, if a private well
was not used, would impose an extraordinary hardship upon the property owner; and confirms its
receipt of all the following information from Marshalltown Water Works (“the City Utility”)
indicating that:
1.
the City’s public water system is not reasonably available to the point of
water use that is the subject of the private well application;
2.
the drilling and use of the proposed private well would not adversely impact
the underground aquifer that supplies water to the public water systems of the City;
3.
the drilling and use of the proposed private well would not adversely impact
the quality of the water used and supplied by the public water systems of the City;
4.
the drilling and use of the proposed private well would not adversely impact
the rate payers of the City Utility and shift costs to them inappropriately; and
5.
the City Utility verifies with the Iowa Department of Natural Resources that
the placement, depth and other features associated with the proposed private well do not
conflict with any actively monitored Leaking Underground Storage Tank site or cause other
water quality problems.
§ 97.004 MUNICIPAL INFRACTION. Any violation of the provisions of this chapter shall be
subject to a municipal infraction in accordance with Section 10.999 of the City of Marshalltown
Code of Ordinances. Each day that a violation continues and each property or premises of the
owner at which it occurs shall constitute a separate and distinct violation.
SECTION 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION 3. Severability. If any section, provision, or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

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Page 48 of 81

SECTION 4. Effective Date. That the provisions of this ordinance shall become effective from
and after its final passage, approval, and publication as provided by law.

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Page 49 of 81

STATE OF IOWA
COUNTY OF MARSHALL

ORDINANCE CERTIFICATE
)
) SS
)

1. I certify that Ordinance Number _______________, of which a true copy is attached, was duly
adopted by the City Council of the City of Marshalltown, State of Iowa, signed by the Mayor
and published as required by law and is now in effect. I further certify that the consideration(s)
and votes taken for the enactment of the Ordinance occurred as follows:
(For any consideration that was waived, insert N/A in the blanks for that consideration
and complete paragraph regarding waiver below.)
First consideration - Date:
Vote: In favor
,
Opposed
,
Absent or Abstain
.

2.
3.

4.

5.

Second consideration - Date:
Vote: In favor
,
Absent or Abstain

Opposed

,
.

Third Consideration - Date:
Vote: In favor
,
Absent or Abstain

Opposed

,

.

On the date of ____________________, 2026, the City Council adopted a motion for the
suspension of the rule requiring separate consideration at three meetings and voted the final
adoption of the Ordinance. The vote for suspension of the rules was by three-fourths of
the full City Council, voting _____ in favor, _____ opposed, and _____ absent, vacant or
abstaining and was duly recorded as noted above.
I further certify that if any consideration of the Ordinance did not receive an affirmative vote
for passage, there was no further consideration of the Ordinance on any date thereafter.
Following final approval of the Ordinance by the City Council, the full text of Ordinance (or a
summary of the Ordinance complying with Iowa Code Section 380.7(3)) was published in the
following newspaper(s): ____________________ on the following date(s):
_______________, 2026.
I further certify that each meeting for the consideration of the Ordinance was duly and publicly
held, with a notice of the meeting and tentative agenda naming the consideration of the
Ordinance timely posted and upon reasonable advance notice to the media as required by the
Chapter 21, Code of Iowa, and rules of the Council then governing.
I further certify that the individuals named therein were on the date thereof duly and lawfully
possessed of their respective city offices as indicated therein, that no Council vacancy existed
except as may be stated in the proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization, existence or boundaries of the
City or the right of the individuals named therein as officers to their respective positions.

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WITNESS my hand and the seal of the City hereto affixed this __________ day of
_______________, 2026.
City Clerk, City of Marshalltown, State of Iowa
(SEAL)

4856-5627-1329-4\20500-000

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Page 51 of 81

HOUSING & COMMUNITY DEVELOPMENT
TO:
FROM:
DATE:
RE:

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Planning and Zoning Commission
Clayton Ender, AICP, Assistant Housing & Community Development Director
October 15, 2026
Public Hearing and Recommendation on Ordinance 15132 - An Ordinance
Amending Chapter 134 Relating to Noise Control

City Staff Contact:

Clayton Ender, AICP
Assistant Director of Housing and Community Development
Phone: 641-754-5756
Email: [email protected]

Applicant:

City of Marshalltown
24 N Center Street
Marshalltown IA 50158

Recommendation: Staff recommends that the Planning and Zoning Commission recommend
approval of Ordinance 15132, amending Chapter 134, Noise Control, to
establish objective sound measurement standards and clarify requirements for
electrical generator testing, maintenance, and emergency operation.
Background

Chapter 134 currently regulates noise through general prohibitions, numerical
sound limits, noise permits, and specified exceptions. Ordinance 15132 makes
several related amendments to clarify how those provisions apply to electrical
generators and how sound is measured and evaluated.
The ordinance establishes a standard measurement method for numerical
violations. Measurements generally use an A-weighted, slow-response setting
and are taken at a representative location on the receiving property over at
least two minutes. The ordinance sets maximum A-weighted sound levels by
the receiving property’s zoning classification. Residential limits apply to noisesensitive properties, such as schools, hospitals, places of worship, and libraries,
regardless of the property’s zoning. When A-weighted measurements do not
adequately characterize a sound, the Noise Control Office may use
supplemental acoustic analysis. That analysis may help evaluate a potential
disturbance but does not create a separate numerical sound limit.
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 52 of 81

The ordinance also provides standards for routine generator testing and
maintenance. Testing that exceeds the applicable sound limits may occur
without a noise permit if it takes place between 8:00 a.m. and 6:00 p.m., occurs
no more than once in any consecutive seven-day period, lasts no more than
three hours in the aggregate at the site, does not exceed 80 dBA at a receiving
property, and uses required sound-control equipment. Testing that exceeds
those limits—including commissioning and load-bank testing—may be
authorized through a noise permit. The Noise Control Office may issue a
recurring permit for up to 12 months, with conditions addressing the testing
schedule, duration, simultaneous operation, sound levels, mitigation, and
monitoring.
For generator operation during an actual utility outage, another qualifying
emergency, or a required grid disconnection or curtailment, the ordinance
provides a limited exception from the numerical sound limits. Operation must
be reasonably necessary to respond to the qualifying condition and must cease
after the condition ends and utility service is restored, subject to a reasonable
period for safe shutdown. The exception does not cover routine testing,
voluntary demand response, peak shaving, economic dispatch, or other
nonemergency commercial operation.
If emergency operation continues beyond seven consecutive days, the owner
or operator must notify the Noise Control Office. If it continues beyond 30
consecutive days, the owner or operator must submit a noise-mitigation plan
and implement technically practicable, proportionate mitigation. The Noise
Control Office may impose reasonable monitoring, operating, mitigation, and
reporting conditions while the qualifying condition continues and generator
operation remains necessary. Continued operation is not prohibited solely
because of its duration, but the exception applies only while the qualifying
condition and operational need remain.
Attachments:

Draft Ordinance 15132

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 53 of 81

ORDINANCE 15132
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MARSHALLTOWN, IOWA,
CHAPTER 134: NOISE CONTROL
WHEREAS, the City Council of the City of Marshalltown, Iowa, has adopted Chapter 134,
Noise Control; and
WHEREAS, the City Council finds it appropriate to establish objective A-weighted sound
limits and to authorize supplemental acoustic analysis when warranted by the characteristics of a
sound; and
WHEREAS, the City Council finds it appropriate to establish reasonable standards for
routine testing and maintenance of emergency electrical generators while recognizing that
operation during an actual electrical outage or emergency may temporarily exceed otherwise
applicable sound limits; and
WHEREAS, the City Council finds the following amendments to Chapter 134 to be in the
best interest of the City and the public in general.
IOWA:

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARSHALLTOWN,

Section 1. Amendment. §134.001(C) is repealed and replaced with the following:
(C) A sound measurement used to establish a numerical violation of this chapter shall be made
with a sound level meter as defined in §134.002.
The instrument shall be maintained in calibration and good working order and operated within a
measurement range appropriate for the sound level being evaluated. A calibration check, as
defined in §134.002, shall be made at the time of a measurement used to establish a numerical
violation.
Measurements shall be taken in a manner that reasonably represents the sound produced by the
source under investigation. The microphone shall be positioned so as not to create an unnatural
enhancement or diminution of the measured sound. A windscreen shall be used for outdoor
measurements when required by weather conditions or the instrument manufacturer’s
instructions. A measurement materially affected by wind, precipitation, or sound from an
unrelated source shall be disregarded or repeated.
Unless otherwise provided by this chapter, sound shall be measured using the A-weighted, slowresponse setting. When warranted by the characteristics of the sound, C-weighted, octave-band,
one-third-octave-band, narrow-band, vibration, or other technically appropriate measurements
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may be conducted or obtained as supplemental analysis. Supplemental analysis does not establish
a separate numerical sound limit.
Section 2. Amendment. §134.002 is amended by adding the following definitions to the existing
list of definitions in alphabetical order:
C-WEIGHTED SOUND LEVEL. The sound pressure level in decibels measured using the C-weighting
network of a sound level meter. The level is designated dB(C) or dBC.
ELECTRICAL GENERATOR. Equipment designed or used to generate electrical power, including
associated engines, cooling systems, exhaust systems, transformers, and electrical equipment. The
term includes permanently installed and portable equipment.
NOISE-SENSITIVE RECEIVING PROPERTY. Property containing a dwelling, school, childcare facility,
hospital, nursing or assisted-living facility, place of worship, library, or another use where quiet is
of particular importance to the intended use of the property.
RECEIVING PROPERTY. Property, other than the property containing the source of the sound, at or
within which sound from the source is received.
STEADY SOUND. Sound that remains essentially constant, fluctuating no more than plus or minus
two decibels during a two-minute observation period, and that occurs or may reasonably be
expected to occur for at least 15 minutes during any one-hour period.
Section 3. Amendment. The definitions of NOISE DISTURBANCE and SOUND LEVEL METER in
§134.002 are repealed and replaced with the following:
NOISE DISTURBANCE. Any sound or acoustic energy, whether or not audible to a particular person,
that:
(1) Endangers the welfare, safety, or health of a human being;
(2) Disturbs a reasonable person of normal sensitivities;
(3) Causes or contributes to objectively observable vibration, rattling, or structural resonance on
receiving property;
(4) Materially interferes with the reasonable use and enjoyment of property; or
(5) Exceeds an applicable sound limit established by this chapter.
SOUND LEVEL METER. An instrument designed to measure sound pressure levels in decibels and
meeting the performance requirements for a Type 1 or Type 2 instrument under ANSI S1.4, a Class
1 or Class 2 instrument under ANSI/ASA S1.4/IEC 61672-1, or an equivalent successor standard.
Page 2 of 10
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Section 4. Amendment. §134.003 is amended by adding a new subsection (M) and a new
subsection (N) to read as follows:
(M) Routine testing and maintenance of an Electrical Generator conducted in compliance with
§134.010(A).
(N) Operation of an Electrical Generator during an electrical outage or emergency, as provided in
§134.010(D).
Section 5. Amendment. §134.005(A) is repealed and replaced with the following:
(A) No person shall cause, permit, engage in, or participate in the making or creation of sound that
exceeds an applicable limit established by this chapter when measured in the manner prescribed
by §134.001(C) and this section, except when authorized by and operated in compliance with a
valid noise permit or an express exception contained in this chapter.
Section 6. Amendment. §134.005(D) is repealed and replaced with the following:
(D) For the purpose of determining and classifying sound as excessive or unusually loud, the
following measurement requirements and standards shall apply:
(1) Measurement Location. Sound shall be measured at or within the boundary of the receiving
property at the location reasonably nearest to the source of the sound or at another location on
the receiving property where the sound disturbance occurs. When measurement at the receivingproperty boundary is impractical or would provide a misleading result, sound may be measured at
another representative location using technically appropriate correction factors.
(2) Measurement Method. Except when this chapter expressly provides otherwise, sound shall be
measured using the A-weighted, slow-response setting. A measurement shall be taken during a
representative observation period of at least two minutes. The maximum sound level attributable
to the source under investigation and displayed during that period shall constitute the measured
sound level. Brief sound events not attributable to that source shall be disregarded.
(3) Maximum A-Weighted Sound Levels. The applicable maximum sound level shall be determined
by the zoning classification of the receiving property, except that any noise-sensitive receiving
property shall be subject to the residential sound limits regardless of its zoning classification. If
more than one classification applies, the lowest applicable maximum sound level shall govern.
Sound measured or registered in excess of the applicable maximum permitted level established
below is declared excessive and unusually loud and is unlawful:

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Table 134.005(D)-1
Maximum A-Weighted Sound Levels
Receiving Property
Daytime Maximum
(7:00 a.m. to 10:00 p.m.)
Rural Residential, Low-Density
60 dBA
Residential, Medium-Density
Residential, High-Density
Residential, or any noise-sensitive
receiving property
Mixed-Use, Urban Core, General 65 dBA
Commercial, or Agriculture
General Industrial
80 dBA
Public and Institutional or
65 dBA
Recreation

Nighttime Maximum
(10:00 p.m. to 7:00 a.m.)
50 dBA

65 dBA
80 dBA
65 dBA

(4) Supplemental Analysis. When the Noise Control Office determines that an A-weighted
measurement may not adequately characterize a sound, it may conduct or obtain C-weighted,
octave-band, one-third-octave-band, narrow-band, vibration, or other technically appropriate
measurements. Any supplemental analysis shall use methods and equipment appropriate to the
characteristic being evaluated, and the results and methods shall be documented.
Supplemental analysis may be used to characterize the sound, evaluate sound-control measures,
or assess whether the sound otherwise constitutes a noise disturbance. It does not reduce or
adjust an applicable A-weighted limit or establish a separate numerical sound limit. A violation
may be established based on the totality of the evidence, including supplemental analysis, when
the sound otherwise meets the definition of a noise disturbance under this chapter.
(5) Audibility. A sound or acoustic condition need not be audible to a particular individual for a
violation to be established through an applicable objective measurement. The mere detection of
infrasound, ultrasound, vibration, or other acoustic energy does not, standing alone, establish a
violation unless an applicable limit is exceeded or the condition otherwise constitutes a noise
disturbance under this chapter.
Section 7. Amendment. §134.006(B) is amended by adding a new subsection (4) to read as
follows:
(4) The application fee for a recurring electrical generator testing permit issued pursuant to
subsection (D) shall be $250 for each permit period. Any reasonable cost incurred by the City for
specialized acoustic review, field measurement, or other technical assistance necessary to
evaluate the application shall be paid by the applicant in addition to the application fee. The City
shall provide the applicant with notice of the anticipated cost, for the applicants approval, before
incurring the expense.

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Section 8. Amendment. §134.006 is amended by adding a new subsection (D) to read as follows:
(D) Recurring Electrical Generator Testing Permits.
(1) The Noise Control Office may issue a single noise permit authorizing a recurring schedule for
testing and maintenance of electrical generators for a period not exceeding 12 months. A permit
may be renewed upon submission and approval of a new application.
(2) In addition to the information required by subsection (A), an application for a recurring
electrical generator testing permit shall identify:
a. The number, type, and location of electrical generators to be tested;
b. The purpose of the testing, including whether the testing is required by federal or state law, an
adopted fire or building code, the electrical generator manufacturer, the authority having
jurisdiction, or another operational or safety requirement;
c. The proposed days and hours of testing;
d. The proposed frequency and maximum duration of each testing event;
e. The maximum aggregate testing duration;
f. The maximum number of electrical generators to be operated simultaneously;
g. The anticipated sound levels at receiving properties; and
h. The sound-control and vibration-control measures to be used during testing.
(3) The permit shall specify the approved testing schedule, maximum duration of each testing
event, maximum aggregate testing duration, number of generators that may be operated
simultaneously, maximum permitted sound level, and required sound-control measures. The
Noise Control Office may also require sound monitoring or advance notice to neighboring
properties.
(4) A separate application, permit, or application fee shall not be required for each testing event
conducted in accordance with the approved recurring schedule.
(5) Sound produced during testing conducted under a recurring generator testing permit shall not
exceed the maximum permitted sound levels established by subsection (C). For purposes of
applying subsection (C), duration shall mean the duration of each individual testing event and not
the total term of the recurring permit.

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(6) Testing conducted outside the approved schedule or in violation of a permit condition is not
authorized by the permit and shall be subject to the otherwise applicable provisions of this
chapter.
Section 9. Amendment. Chapter 134 is amended by adding a new §134.010 to read as follows:
§134.010 ELECTRICAL GENERATORS.
(A) Routine Testing and Maintenance. Routine testing and maintenance of an electrical generator
that complies with the applicable sound limits of §134.005 is not subject to the time limits in this
subsection. Routine testing and maintenance that exceeds those sound limits may temporarily do
so without a noise permit, provided that:
(1) Testing occurs only between 8:00 a.m. and 6:00 p.m.;
(2) Testing occurs on no more than one day during any consecutive seven-day period and does not
exceed three hours in the aggregate at the site during that day;
(3) Testing does not exceed 80 dBA when measured at any receiving property; and
(4) All manufacturer-provided mufflers, enclosures, vibration isolation, and other sound-control
components are installed, maintained in good working order, and used during testing.
(B) Additional or Extended Testing. Testing or maintenance that exceeds the frequency, duration,
simultaneous-operation, or sound-level limitations of subsection (A), including commissioning and
load-bank testing, may be authorized by a noise permit issued pursuant to §134.006.
(C) Installation and Maintenance. A permanently installed electrical generator shall be located,
enclosed, muffled, equipped, and maintained so that routine testing and maintenance comply
with the applicable sound limits of this chapter. Manufacturer-provided mufflers, enclosures,
vibration isolation, and other sound-control components shall be installed, maintained in good
working order, and used during operation.
(D) Actual Outage, Mandatory Disconnection, or Emergency Operation. The numerical sound limits
and adjustments established by §134.005 do not apply to the operation of an Electrical Generator
under the circumstances described in this subsection, subject to the limitations, exclusions, and
extended-operation requirements set forth below.
(1) Qualifying Circumstances. This subsection applies to operation of an Electrical Generator:
a. During an actual interruption of normal utility electrical service;
b. When normal utility electrical service is unavailable or unsafe for use;

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c. When the owner or operator of the premises is directed to disconnect from, or materially curtail
its use of, the electric grid by the serving electric utility, a regional transmission organization, an
independent system operator, a balancing authority, or a governmental authority because of an
existing or imminent electric-system emergency, reliability condition, or safety hazard; or
d. During another emergency when operation of the Electrical Generator is reasonably necessary
to protect life, public health, safety, or property.
(2) Duration and Restoration of Operation. Operation under this subsection shall be limited to the
duration reasonably necessary to respond to the qualifying condition and shall cease within a
reasonable period after normal utility electrical service has been restored and is reasonably stable,
except for a manufacturer-recommended cool-down period or other operation necessary to safely
return the equipment to standby condition.
(3) Directed Disconnection or Curtailment. Operation under paragraph (1)(c) shall be limited to
serving on-site electrical demand displaced by the required disconnection or curtailment and shall
cease within a reasonable period after the directive expires or is withdrawn. Upon request by the
Noise Control Office, the owner or operator shall provide documentation identifying the issuing
authority, the time and duration of the directive, and the disconnection or curtailment required.
(4) Excluded Operations. The exception provided by this subsection does not apply to:
a. Routine testing, maintenance, or commissioning;
b. Peak shaving, economic dispatch, or operation undertaken in response to electricity prices or
other economic considerations;
c. Voluntary demand-response or load-management participation, including operation undertaken
to satisfy a contractual commitment voluntarily assumed by the owner or operator;
d. A self-initiated disconnection from, or reduction in use of, the electric grid when normal utility
electrical service remains available and safe for use and no directive qualifying under paragraph
(1)(c) is in effect;
e. Grid-support operation that is requested, encouraged, or financially incentivized but is not
required by a directive qualifying under paragraph (1)(c); or
f. Generation of electricity for sale or another nonemergency commercial purpose.
(5) Notice of Extended Operation. If operation under this subsection continues for more than
seven consecutive days, the owner or operator shall notify the Noise Control Office no later than
the first business day following that seven-day period. The notice shall identify:
a. The condition necessitating generator operation;
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b. The date generator operation began;
c. The current status and anticipated duration of the condition, to the extent reasonably known;
d. The efforts being made to restore or obtain normal utility electrical service or another lawful
source of power; and
e. The noise-control measures being implemented during the extended operation.
(6) Extended-Operation and Noise-Mitigation Plan. If operation under this subsection continues for
more than 30 consecutive days, the owner or operator shall submit an extended-operation and
noise-mitigation plan to the Noise Control Office. In addition to updating the information required
by paragraph (5), the plan shall include:
a. Documentation of the continuing qualifying condition and the circumstances causing it;
b. The electrical load that must be served;
c. An evaluation of reasonably available alternatives to continued operation of the Electrical
Generators;
d. Existing and proposed measures to reduce sound and vibration at receiving properties;
e. Proposed sound-monitoring procedures; and
f. A schedule for implementing additional reasonable mitigation measures.
(7) Mitigation and Operating Conditions. During operation extending beyond 30 consecutive days,
the owner or operator shall implement noise-control measures that are technically practicable and
reasonably proportionate to the anticipated duration of operation, the sound received at affected
properties, the electrical needs served, and the cost and effectiveness of the measures.
The Noise Control Office may establish reasonable conditions for operation extending beyond 30
consecutive days, including sound monitoring, operational limitations, temporary or permanent
sound-control measures, and periodic reporting. Such conditions shall not require cessation of
generator operation while:
a. A qualifying condition under paragraph (1) remains in effect;
b. Generator operation remains reasonably necessary to respond to that condition; and
c. No reasonable alternative source of power is available.
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(8) Updates and Annual Review. The owner or operator shall notify the Noise Control Office when
the qualifying condition ends and shall provide updated information upon a material change in
circumstances or at reasonable intervals requested by the Noise Control Office. An extendedoperation and noise-mitigation plan shall be reviewed at least annually while generator operation
continues.
(9) Duration and Continuing Eligibility. Continued operation is not prohibited solely because of its
duration. However, the exception provided by this subsection applies only while operation
remains a reasonably necessary response to a qualifying condition. The exception does not
protect:
a. A qualifying condition that is created, prolonged, maintained, or invoked for the purpose of
avoiding the otherwise applicable sound limits;
b. Generator operation that is voluntary or economically motivated; or
c. Failure to submit, implement, or comply with a notice, plan, mitigation measure, reporting
requirement, or operational condition required by this subsection.
Section 10. Severability Clause. If any section, provision, or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
Section 11. When Effective. This ordinance shall be in full force and effect after its final passage,
approval, and publication as provided by law.
Passed this _____ day of ____________ 2026 and signed this _____ day of ___________ 2026.
Signatures on the following page.

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CITY OF MARSHALLTOWN, IOWA

Mike Ladehoff, Mayor
ATTEST:
Alicia Hunter, City Clerk
I, Alicia Hunter, City Clerk of the City of Marshalltown, Iowa, do hereby certify that the foregoing
ORDINANCE was passed and approved by the City Council of the City of Marshalltown, Iowa, on
the _____ day of ____________ 2026, and was published in the Marshalltown Times-Republican,
a newspaper of general circulation in the City of Marshalltown, Iowa, on the _____ day of
____________ 2026.
_______________________________
Alicia Hunter, City Clerk

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HOUSING & COMMUNITY DEVELOPMENT
TO:
FROM:
DATE:
RE:

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Planning and Zoning Commission
Clayton Ender, AICP, Assistant Housing & Community Development Director
October 15, 2026
Review and Public Comment on Ordinance 15133 — Proposed Amendment to the
Official Zoning Map to Establish the DC, Data Center Overlay Zoning District

City Staff Contact:

Clayton Ender, AICP
Assistant Director of Housing and Community Development
Phone: 641-754-5756
Email: [email protected]

Applicant:

City of Marshalltown
24 N Center Street
Marshalltown IA 50158

Recommendation: Staff recommends that the Planning and Zoning Commission review the
proposed amendment and receive public comments. No formal action or
recommendation on Ordinance 15133 will be taken at this meeting. The item
is presented for discussion only; any formal action will occur at a properly
noticed meeting that complies with the public-notification requirements for an
official zoning map amendment.
Background

The City has been reviewing how Data Center development should be
regulated in Marshalltown. As part of that work, the City is considering
amendments to the Zoning Ordinance that establish development standards
specific to Data Centers. Ordinance 15133 would apply the DC, Data Center
Overlay Zoning District to the properties identified in the ordinance’s legal
descriptions.
The overlay district supplements, rather than replaces, the existing base zoning
districts. It does not authorize a Data Center where the use is prohibited in the
underlying district. Any Data Center proposed within the overlay would remain
subject to the applicable requirements of § 156.C.012, including applicable
review and approval procedures. The ordinance also provides that the overlay
amendment will not become effective unless Ordinance 15129 is passed,
approved, and published.
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 64 of 81

Review Criteria:

In determining whether to approve, approve with conditions, or deny an
official zoning map amendment, the review bodies shall consider the following
review criteria:
1. The request complies with the applicable standards of this Zoning
Ordinance, the City Code of Ordinances, and any applicable county,
state, or federal requirements.
The proposed amendment establishes the DC, Data Center Overlay
Zoning District on the properties identified in Ordinance 15133. It does
not change the existing base zoning districts or authorize a Data Center
where the use is prohibited in the underlying district. Any Data Center
proposed within the overlay would remain subject to the applicable
requirements of § 156.C.012 and other applicable provisions of the
Zoning Ordinance and City Code. On this basis, the request complies
with applicable local standards.
2. The request substantially conforms to any associated prior approval
for the development, including, but not limited to, a special use
permit, Master Development Plan, or Site Plan.
The proposed zoning map amendment is not associated with a prior
special use permit, Master Development Plan, or Site Plan. It
establishes the DC, Data Center Overlay Zoning District on the
properties identified in Ordinance 15133. Any future Data Center
development will be reviewed under the applicable requirements of
the Zoning Ordinance, including § 156.C.012.
3. The administrative body has considered the recommendation of staff.
The item is presented for discussion only; any formal action will occur
at a properly noticed meeting that complies with the public-notification
requirements for an official zoning map amendment.
4. The request is consistent with applicable policies of the
Comprehensive Plan and applicable utility plans and capital
improvements plans; or, if it addresses a topic that is not contained
or not fully developed in the Comprehensive Plan, the request does
not impair the implementation of the Comprehensive Plan.
The Comprehensive Plan does not specifically address Data Center
development or the establishment of a Data Center Overlay Zoning
District. The proposed amendment identifies areas where Data Centers
may be considered under the Zoning Ordinance, while preserving the
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 65 of 81

underlying zoning districts and requiring compliance with the
applicable Data Center standards. The amendment does not, by itself,
approve a specific development or commit the City to a particular utility
or capital improvement project. Staff finds that it does not impair
implementation of the Comprehensive Plan or applicable utility and
capital improvements plans.
5. The request promotes the purposes of this Zoning Ordinance as
established in § 156.A.002, Purposes, and in other applicable purpose
statements in this chapter.
The amendment supports the purposes of the Zoning Ordinance by
identifying areas where Data Center development may be considered
and ensuring that any such development remains subject to the
applicable zoning standards. It preserves the underlying base zoning
districts and does not authorize Data Centers where the use is
prohibited. The overlay therefore provides a framework for evaluating
this land use while maintaining the ordinance’s broader approach to
the orderly and compatible use of land.
6. The proposed amendment helps to mitigate adverse impacts of the
use and development of land on the natural or built environments,
including, but not limited to, mobility, air quality, water quality, noise
levels, stormwater management, wildlife protection, and vegetation;
or will be neutral with respect to these issues;
The overlay amendment does not approve a specific Data Center
development or site plan. It identifies areas where Data Centers may
be considered and requires future proposals to comply with the
applicable standards in § 156.C.012 and other applicable regulations.
Those standards provide for review of potential impacts, including
effects on infrastructure, water use, noise, and site development.
Accordingly, the map amendment is not expected to adversely affect
the natural or built environment.
7. The proposed amendment is necessary to address a changing
condition that was not anticipated in the Comprehensive Plan or this
Zoning Ordinance; and
Data Center development is an emerging land use with infrastructure
and operational characteristics not specifically addressed by the
existing Zoning Ordinance or Comprehensive Plan. Establishing the
overlay district identifies where this use may be considered and
provides a zoning framework for its review, in conjunction with the
Data Center standards proposed in § 156.C.012.
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 66 of 81

8. The proposed amendment advances the strategic objectives of the
City Council, such as fiscal responsibility, efficient use of infrastructure
and public services, and other articulated city objectives.
Establishing the DC, Data Center Overlay Zoning District advances the
City Council’s direction to evaluate Data Center development and
establish an appropriate regulatory framework. The overlay identifies
areas where the use may be considered while preserving existing base
zoning and requiring future proposals to meet applicable development
standards. This approach supports informed review of potential effects
on infrastructure, utilities, public services, and the community.
Attachments:

Draft Ordinance 15133
Draft Official Zoning Map

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 67 of 81

ORDINANCE 15133
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY ESTABLISHING THE DC, DATA CENTER
OVERLAY ZONING DISTRICT
WHEREAS, the Planning and Zoning Commission has reviewed this zoning establishment at its
regular meeting on October 15, 2026 and following a public hearing has made a recommendation to
approve the official zoning map amendment; and,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARSHALLTOWN, IOWA:
Section 1. Official Zoning Map Amendment. The official zoning map is hereby amended for the
following legally described property by establishing the DC, Data Center Overlay Zoning District in
addition to the existing base zoning district which shall remain unchanged:
Lots 1 through 8 of Edgewood Industrial Park Addition, City of Marshalltown, Marshall County,
Iowa
AND
All land within the North Half (N½) of Section 25, Township 84 North, Range 18 West of the 5th
P.M., City of Marshalltown, Marshall County, Iowa, except the following:
1. Parcel ID No. 8418-25-151-013:
•

The South 660 feet of the East 19 acres of the Northeast Quarter of Section 26, Township
84 North, Range 18 West of the 5th P.M., Marshall County, Iowa, except the West 30 feet
thereof condemned by condemnation proceedings recorded in Micro-File No. 9800506,
and subject to the permanent utility easement recorded in Document No. 2006-00000289,
all in the records of the Marshall County Recorder; and

•

Lot 5 of the South Half of the Southwest Quarter of the Northwest Quarter of Section 25,
Township 84 North, Range 18 West of the 5th P.M., Marshall County, Iowa; and

•

Lot 1 of Lot 4 of the South Half of the Southwest Quarter of the Northwest Quarter of
Section 25, Township 84 North, Range 18 West of the 5th P.M., Marshall County, Iowa,
except:
o

Beginning at the Southwest corner of said Lot 1 of Lot 4, thence East 60 feet, thence
North 180 feet, thence West 60 feet, thence South 180 feet to the point of
beginning; and

o

Parcel “A” of Lot 1 of Lot 4 of the subdivision of the Southwest Quarter of the
Northwest Quarter of said Section 25, as shown in the amended plat of survey

Page 68 of 81

recorded in Document No. 2008-00000196 in the records of the Marshall County
Recorder.
2. Parcel ID No. 8418-25-151-003:
•

Beginning at the Southwest corner of Lot 1 of Lot 4 of the South Half of the Southwest
Quarter of the Northwest Quarter of Section 25, Township 84 North, Range 18 West of the
5th P.M., Marshall County, Iowa; thence East 60 feet, thence North 180 feet, thence West
60 feet, thence South 180 feet to the point of beginning, subject to easements of record.

3. Parcel ID No. 8418-25-151-014:
•

Parcel “A” in Lot 1 of Lot 4 of the Southwest Quarter of the Northwest Quarter of Section
25, Township 84 North, Range 18 West of the 5th P.M., Marshall County, Iowa, as shown
in the amended plat of survey recorded in Document No. 2008-00000196 in the records
of the Marshall County Recorder.

4. Parcel ID No. 8418-25-151-005:
•

The West Half of Lot 2 of Lot 4, subdivision of the Southwest Quarter of the Northwest
Quarter, Section 25, Township 84 North, Range 18 West of the 5th P.M., Marshall County,
Iowa.

5. Parcel ID No. 8418-25-151-006:
•

Lot 14, except the East 70 feet, Block 8, Binford Park Manor Addition to the Original Town
of Marshall, Marshall County, Iowa; and

•

The East Half of Lot 2 of Lot 4 of the Southwest Quarter of the Northwest Quarter of Section
25, Township 84 North, Range 18 West of the 5th P.M., Marshall County, Iowa

AND
All land within the Southwest Quarter of the Southwest Quarter (SW ¼ SW ¼) of Section 30,
Township 84 North, Range 17 West of the 5th P.M., City of Marshalltown, Marshall County, Iowa,
except the following:
1. Parcel ID No. 8417-30-300-003:
•

Beginning at the Southwest corner of the Southeast Quarter of the Southwest Quarter
(SE¼ SW¼) of Section 30; thence North along the West line of said SE¼ SW¼ to the
Northwest corner thereof; thence East 75 feet along the North line of said SE¼ SW¼;
thence South along a line 75 feet East of and parallel to said West line to a point 60 feet
North of and 75 feet East of the Southwest corner of said SE¼ SW¼; thence southeasterly

Page 69 of 81

435.8 feet to a point 33 feet North of and 510 feet East of the Southwest corner of said
SE¼ SW¼; thence South 33 feet to the South line of said Section 30; thence West 510 feet
to the point of beginning;
•

Beginning at the Southwest corner of the Southwest Quarter of the Southwest Quarter
(SW¼ SW¼) of Section 30; thence North 962.2 feet to the point of beginning; thence North
350 feet to the Northwest corner of said SW¼ SW¼; thence East along the North line of
said SW¼ SW¼ to the Northeast corner thereof; thence South along the East line of said
SW¼ SW¼ to the Southeast corner thereof; thence West 125 feet; thence North 765 feet
along a line 125 feet West of and parallel to said East line of the SW¼ SW¼; thence West
along a line parallel to the South line of said SW¼ SW¼ to a point 660 feet East of the West
line of said SW¼ SW¼; thence northwesterly to a point 350 feet South of and 330 feet East
of the Northwest corner of said SW¼ SW¼; thence West 330 feet to the point of beginning;
and

•

Beginning at the Southwest corner of the SW¼ SW¼ of Section 30; thence North along the
West line of said SW¼ SW¼ 962.2 feet; thence East 135 feet along a line parallel to the
South line of said Section 30; thence South 887.2 feet to a point 135 feet East of and 75
feet North of the Southwest corner of said Section 30; thence southeasterly 165.5 feet to
a point 300 feet East of and 50 feet North of the Southwest corner of said Section 30;
thence East along a line parallel to and 50 feet North of the South line of said Section 30
to a point 480 feet West of and 50 feet North of the Southeast corner of the SW¼ SW¼;
thence northeasterly 355.14 feet to a point 125 feet West of and 60 feet North of said
Southeast corner; thence South 60 feet to the South line of said Section 30; thence West
along said South line to the point of beginning

AND
All land within the Section 31, Township 84 North, Range 17 West of the 5th P.M., City of
Marshalltown, Marshall County, Iowa
AND
All land within the Section 32, Township 84 North, Range 17 West of the 5th P.M., City of
Marshalltown, Marshall County, Iowa
AND
All land within the Section 33, Township 84 North, Range 17 West of the 5th P.M., City of
Marshalltown, Marshall County, Iowa
AND

Page 70 of 81

All land within the city limits of the City of Marshalltown, as presently established, which is within
Section 5, Township 83 North, Range 17 West of the 5th P.M., City of Marshalltown, Marshall
County, Iowa
AND
All land within the city limits of the City of Marshalltown, as presently established, which is within
Section 6, Township 83 North, Range 17 West of the 5th P.M., City of Marshalltown, Marshall
County, Iowa
AND
All land within the city limits of the City of Marshalltown, as presently established, which is within
Section 7, Township 83 North, Range 17 West of the 5th P.M., City of Marshalltown, Marshall
County, Iowa
AND
To the centerline of adjacent public right-of-way
Section 2. Severability Clause. If any section, provision, or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 3. When Effective. This ordinance shall take effect after it has been passed, approved, and
published as provided by law, but shall not become effective unless and until Ordinance 15129 has
also been passed, approved, and published as provided by law.
Passed this _____ day of ____________ 2026 and signed this _____ day of ___________ 2026.
Signatures on following page.

Page 71 of 81

CITY OF MARSHALLTOWN, IOWA

Mike Ladehoff, Mayor
ATTEST:
Alicia Hunter, City Clerk
I, Alicia Hunter, City Clerk of the City of Marshalltown, Iowa, do hereby certify that the foregoing
ORDINANCE was passed and approved by the City Council of the City of Marshalltown, Iowa, on
the _____ day of ____________ 2026, and was published in the Marshalltown Times-Republican,
a newspaper of general circulation in the City of Marshalltown, Iowa, on the _____ day of
____________ 2026.
_______________________________
Alicia Hunter, City Clerk

Page 72 of 81

Iowa River
Wildlife
Management
Area

N Cent er Stree t R

City of Marshalltown
Zoning Map

195th St

d

200th St

a

Ri v
er

N 3rd St

I

ow

Summit St

14

W State St

M

E Main St

W Main St

Main Str eet Rd

Sand Lake

Woodbury St

ain

re
St

et

Rd

W Church St

S3

S 12th St

W L

ay
in c o ln W

Linn C

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k

E Anson St

S 18th Ave

rd S t

E Nevada St

S 3rd Ave

High land Acre s Rd

W Boone St

Qu a rry Rd

Marshalltown
E South St
American
Legion Golf
Course

Marsha lltown Blvd

C r eek

S 12t h St

G ove r n or Rd

Highl and Acr es Rd

Sh ady O aks Rd

so n

14

¯

E Oliv e St

An

Elmwood
Country Club

E Olive St

S 6th S t

Campb el l Dr

W Olive St

Legend
Q ua r

City Limits

ry R d

Zoning Districts

230th S t

Agricultural (AG)
Data Center Overlay (DC)
Rural Residential (RR)
Low-Density Residential (RL)
Medium-Density Residential (RM)

E Merle Hi b bs Blvd

High-Density Residential (RH)
Mixed-Use (MU)
Urban Core (UC)
General Commercial (GC)

S Center St

30

30

Iowa Ave E

General Industrial (GI)
30

30

Planned Unit Development (PUD)

C.D. Coppock
County Park

30

Public and Institutional (PI)
Recreation (REC)

30

UC-HD

0

0.38

0.75

Miles
Wolf Lake
Addition

Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community

ood Av e

248th St

Page 73 of 81

HOUSING & COMMUNITY DEVELOPMENT
TO:
FROM:
DATE:
RE:

Mike Ladehoff, Mayor
Carol Webb, City Administrator
Deb Millizer, Director
Clayton Ender, Assistant Director
24 North Center Street
Marshalltown, IA 50158-4911
Tel - (641) 754-5756
Fax - (641) 754-5717

Planning and Zoning Commission
Clayton Ender, AICP, Assistant Housing & Community Development Director
October 15, 2026
Public Hearing and Recommendation on Extension of Timeline for Ordinance
15123 - Temporary Data Center Moratorium

City Staff Contact:

Clayton Ender, AICP
Assistant Director of Housing and Community Development
Phone: 641-754-5756
Email: [email protected]

Applicant:

City of Marshalltown
24 N Center Street
Marshalltown IA 50158

Recommendation: Staff recommends that the Planning and Zoning Commission conduct the
public hearing. If, at the time of its consideration of this item, the Commission
has not completed its review and made a recommendation on the proposed
data center regulations, staff recommends that the Commission recommend
the City Council extend Ordinance 15123 for 60 days, through January 22,
2027, as authorized by Section 6 of the Ordinance.
Background

The City Council adopted Ordinance 15123 to temporarily pause acceptance,
processing, and issuance of City approvals for new data centers and substantial
expansions, redevelopment, or conversion of facilities for data center purposes
within the City. The moratorium preserves the status quo while the City
reviews its Comprehensive Plan, zoning and development regulations, and
related policies for data centers.
Ordinance 15123 remains in effect through November 23, 2026, unless earlier
repealed, extended, or modified by the City Council. It authorizes the Council
to extend the moratorium one time, by resolution, for no more than 60
additional days, if the Council determines additional time is necessary to
complete its review. A full 60-day extension would establish January 22, 2027,
as the expiration date.
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 74 of 81

Review Criteria:

In determining whether to approve, approve with conditions, or deny a zoning
text amendment, the review bodies shall consider the following review criteria:
1. The request complies with the applicable standards of this Zoning
Ordinance, the City Code of Ordinances, and any applicable county,
state, or federal requirements.
Section 6 of Ordinance 15123 authorizes the City Council to extend the
moratorium one time, by resolution, for no more than 60 additional
days if the Council determines that additional time is necessary to
complete its review of potential amendments to City plans, regulations,
or policies relating to Data Centers. Any extension must identify the
extended expiration date. The Commission’s action is a
recommendation to the City Council; the Council will make the final
decision on whether to adopt an extension and its duration.
2. The request substantially conforms to any associated prior approval
for the development, including, but not limited to, a special use
permit, Master Development Plan, or Site Plan.
The request concerns a citywide extension of the temporary
moratorium established by Ordinance 15123. It is not associated with a
specific development or any prior approval, such as a special use
permit, Master Development Plan, or Site Plan. Therefore, this criterion
is not applicable.
3. The administrative body has considered the recommendation of staff.
Staff recommends that the Planning and Zoning Commission conduct
the public hearing. If, at the time of its consideration of this item, the
Commission has not completed its review and made a recommendation
on the proposed data center regulations, staff recommends that the
Commission recommend the City Council extend Ordinance 15123 for
60 days, through January 22, 2027, as authorized by Section 6 of the
Ordinance.
4. The request is consistent with applicable policies of the
Comprehensive Plan and applicable utility plans and capital
improvements plans; or, if it addresses a topic that is not contained
or not fully developed in the Comprehensive Plan, the request does
not impair the implementation of the Comprehensive Plan.
The City’s Comprehensive Plan does not contain detailed policies
specifically addressing Data Centers. Extending Ordinance 15123 for up
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 75 of 81

to 60 days would continue the temporary pause while the City
completes its review of potential data center regulations. The extension
would not establish permanent land-use restrictions or development
standards and would allow the City to consider data center-related
infrastructure, utility capacity, and land-use compatibility before
finalizing its regulatory approach. Staff finds that the proposed
extension would not impair implementation of the Comprehensive Plan
or applicable utility and capital improvement plans.
5. The request promotes the purposes of this Zoning Ordinance as
established in § 156.A.002, Purposes, and in other applicable purpose
statements in this chapter.
Section 156.A.002 identifies purposes of the Zoning Ordinance that
include promoting orderly growth and development, protecting public
health, safety, and welfare, encouraging compatible land uses, and
ensuring the efficient use of public infrastructure. A limited extension
of Ordinance 15123 would allow the City to complete its review of
potential data center regulations before the moratorium expires. Staff
finds that the extension supports these purposes by allowing the City
to consider appropriate regulations before processing future Data
Center development applications.
6. The proposed amendment helps to mitigate adverse impacts of the
use and development of land on the natural or built environments,
including, but not limited to, mobility, air quality, water quality, noise
levels, stormwater management, wildlife protection, and vegetation;
or will be neutral with respect to these issues;
The proposed extension would continue the temporary moratorium for
up to 60 days, allowing the City to complete its review of potential data
center impacts before additional development approvals are
processed. Areas under review include electrical infrastructure
demand, water consumption, wastewater, stormwater management,
noise, emergency response, transportation, environmental impacts,
and compatibility with surrounding land uses. The extension itself
would not authorize development or establish permanent standards.
Staff finds that the limited extension would be neutral with respect to
the natural and built environment while allowing the City additional
time to consider measures that may mitigate future impacts.

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 76 of 81

7. The proposed amendment is necessary to address a changing
condition that was not anticipated in the Comprehensive Plan or this
Zoning Ordinance; and
Data Center development presents infrastructure, environmental, and
community considerations that are not specifically addressed in the
Comprehensive Plan or the City’s current Zoning Ordinance. The
proposed extension would provide a limited additional period for the
City to complete its review of this emerging land use and determine
whether amendments to the Comprehensive Plan, Zoning Ordinance,
or other development regulations are appropriate.
8. The proposed amendment advances the strategic objectives of the
City Council, such as fiscal responsibility, efficient use of infrastructure
and public services, and other articulated city objectives.
The proposed extension would continue the review period established
by City Council to evaluate Data Center development and determine
whether additional regulations are appropriate. The additional time
would allow the City to consider potential effects on infrastructure,
utilities, public services, and community resources as it balances
economic development opportunities with responsible planning.
Attachments:

Signed Ordinance 15123

CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

Page 77 of 81

ORDINANCE 15123
AN ORDINANCE OF THE CITY OF MARSHALLTOWN, IOWA, ESTABLISHING A
TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND
ISSUANCE OF PERMITS, APPLICATIONS, AND DEVELOPMENT APPROVALS
RELATING TO DATA CENTERS
WHEREAS, the City Council of the City of Marshalltown, Iowa, has identified a need to
review the City's Comprehensive Plan, Zoning Ordinance, subdivision regulations, building and
development standards, and other applicable City policies and ordinances as they relate to the
development and operation of Data Centers;
WHEREAS, Data Centers may involve land-use and infrastructure considerations that
warrant further study, including, but not lunited to, electrical demand, water consumption,
wastewater discharge, stormwater management, noise, emergency response, public safety,

transportation impacts, utility capacity, environmental impacts, building design, site security,

compatibility with surrounding land uses, and the potential need for additional development
standards or conditions;

WHEREAS, the City Council desires to provide City staff, the Planning and Zoning
Commission, and other appropriate boards, commissions, consultants, agencies, and utility
providers sufficient time to study these matters and recommend any amendments to the City's
Comprehensive Plan, Zoning Ordinance, development regulations, or other policies deemed
appropriate;

WHEREAS, the City Council further desires to preserve the status quo while this review
is underway and prevent the approval of applications that could be inconsistent with amendments
or regulations developed as a result of that review;

WHEREAS, the City Council finds the following temporary regulations to be in the best
interests of the City ofMarshalltown and the general pubUc.

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
MARSHALLTOWN, IOWA:
That the City ofMarshalltown, Iowa, hereby adopts the following temporary ordinance designated
the "TEMPORARY DATA CENTER MORATORIUM ORDINANCE," which because of its
temporary nature shall not be printed as part of the permanent Code of Ordinances. The Temporary
Data Center Moratorium Ordinance is as follows:
Section 1. Definitions.

For purposes of this Ordinance, the following definitions shall apply:
"Data Center" shall mean a building, structure, facility, or portion thereof primarily used to house
computer servers, data-processing equipment, digital storage equipment, networking equipment,

Page 78 of 81

telecommunications equipment, or related systems for the remote storage, management,
processing, transmission, or distribution of digital data, including associated mechanical,
electrical, cooling, security, power-generation, and utility infrastructure.
The term "Data Center" shall not include incidental server or computer equipment customarily
maintained as an accessory use within an office, commercial, governmental, educational, medical,
industrial, or other principal use when such equipment is used primarily to support activities
conducted on the same premises.
"Development Approval" shall include, but not be limited to, any permit, application, zoning
amendment, rezoning request, site plan, development plan, subdivision approval, special-use
permit, variance, building permit, grading permit, utility-extension approval, certificate of
occupancy, or other City authorization related to the establishment, construction, expansion, or
operation of a Data Center.
"Substantial Expansion" shall mean any expansion, modification, redevelopment, or conversion
that increases the operational capacity, physical footprint, utility demand, or primary function of a
facility for Data Center purposes.
Section 2. Temporary Moratorium Established.
A temporary moratorium is hereby established on the acceptance, processing, and issuance of
permits, applications, and other Development Approvals for the establishment, construction,
Substantial Expansion, or operation of Data Centers within the corporate limits of the City of
Marshalltown.
During the effective period of this Ordinance, no City department shall accept, process, approve,
or issue any Development Approval for a Data Center unless specifically authorized pursuant to
this Ordinance.

Section 3. Applicability.
This Ordinance shall apply to:
1. New Data Centers proposed within the City of Marshalltown; and
2. The Substantial Expansion, redevelopment, or conversion of existing structures or uses for
Data Center purposes.
This Ordinance shall not prevent ordinary repair, maintenance, or replacement work necessary to
protect public health, safety, or welfare at a lawfully existing facility, provided such work does not
constitute the establishment, expansion, or conversion of a facility into a Data Center.

Page 79 of 81

Section 4. Pending Applications.

This moratorium shall apply to applications that have not received final City approval as of the
effective date of this Ordinance, except to the extent the City Attorney determines that an applicant
has acquired vested rights under applicable law.
Section 5. Exceptions.
The City Council may authorize an exception to this Ordinance by resolution when it determines
that such exception is necessary to:
A. Protect public health, safety, or welfare;

B. Comply with applicable state or federal law;
C. Avoid substantial injustice; or
D. Address a unique circumstance where strict application of this Ordinance would result in an
unreasonable hardship or otherwise be contrary to the public interest.
Section 6. Effective Date and Duration.

The provisions of this Ordinance shall take effect upon passage and publication as provided by
law and shall remain in full force and effect until November 23, 2026, unless earlier repealed,
extended, or otherwise modified by action of the City Council.
The City Council may extend the effective period of this Ordinance one time, by resolution, for a

period not to exceed sixty (60) additional days if the City Council determines that additional time
is necessary to complete review of potential amendments to the City's Comprehensive Plan,
Zoning Ordinance, development regulations, or other applicable policies relating to Data Centers.

Any extension authorized pursuant to this Section shall identity the extended expiration date of
the moratorium and shall not be constmed as authorizing an indefinite continuation of the
moratorium without further legislative action by the City Council.
Section 7. Violations.
Any person, corporation, partnership, or other entity that submits, attempts to submit, constructs,
establishes, expands, or operates a Data Center in violation of this Ordinance shall be deemed in
violation of this Ordinance.
Each day that a violation continues shall constitute a separate offense.

Violations of this Ordinance shall constitute a municipal infraction and shall be subject to the
penalties established by the City ofMarshalltown Code of Ordinances and applicable Iowa law.

Page 80 of 81

Section 8. Repealer.
All previous ordinances or parts of such ordinances in conflict with the provisions of this
Ordinance are hereby repealed for the effective period of this Ordinance.
Section 9. Severability Clause.

If any section, provision, or part of this Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any
section thereof, not adjudged invalid or unconstitutional.
Passed this ^^- day of A ^vs^ , 2026, and signed this W^ day of_fi^^__, 2026.

^,—, -.-., _„ ^^»» „„„ ^_ „„, „ • "^' —'
CITY OF MARSJfALLTOWN, IOWA

/^^

Mike Ladehoff, Mayor

ATTEST:
/^tiu^|4-^-fc^
Alicia Hunter, CMC, City Clerk

I, Alicia Hunter, City Clerk of the City ofMarshalltown, Iowa, do hereby certify that the foregoing
ORDINANCE was passed and approved by the City Council of the City of Marshalltown, Iowa,
on the 5l0~ day of A^s^v^- » 2026, and was published in the Marshalltown TimesRepublican, a newspaper of general circulation in the City of Marshalltown, Iowa, on the y\^

day of ^UK^ 2026.
/^Cl^-Hi^y^- _ Alicia Hunter, City Clerk

Page 81 of 81