On the agenda: Marshalltown Plan Zoning Commission Meeting — Data Center (Oct 8)

CITY OF MARSHALLTOWN
PLAN ZONING COMMISSION
NOTICE OF PUBLIC MEETING
CITY HALL COUNCIL CHAMBERS
10 WEST STATE STREET
OCTOBER 8, 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
BUSINESS
1.

Data Center Regulation Work Session

ADJOURNMENT

MISSION STATEMENT
The City of Marshalltown collaborates to provide a welcoming, safe, vibrant, and growing community.
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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, Assistant Housing & Community Development Director
October 8, 2026
Data Center Zoning Study – Work Session No. 4

Background
The City Council directed staff and the Planning and Zoning Commission to evaluate whether
additional planning considerations or zoning regulations may be appropriate for data center
development. The Commission has held three work sessions, staff has gathered research and
stakeholder input, and the City has held a community roundtable and public listening sessions.
At the September 17, 2026 work session, staff introduced four coordinated draft ordinances for
review: a data center zoning ordinance, a noise control ordinance, a mandatory public water
connection ordinance, and a private well prohibition ordinance. Since that meeting, staff has
revised the data center zoning draft and received additional written and in-person public input.
The October 1 listening sessions were informal opportunities for discussion; no official action was
taken.
This work session is intended to review the current public record, identify how the revised zoning
draft responds to issues raised, and receive Commission direction on remaining policy questions
and next steps. No formal action is requested.
Public Comment Summary
The October 1 listening sessions recorded 14 sign-ins at noon and 13 at 5:00 p.m., for 27 recorded
attendances. The total may include people who attended both sessions. Written comments are
included as an attachment and are qualitative input, not a representative survey or vote. The
written submissions reflect a range of views, including opposition to data centers, requests for
stricter safeguards, and support for continued transparent review.

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

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Newer comments received since the September 17, 2026 work session raised the following
issues:
•

Annexation and zoning: concern that annexed rural land could receive industrial zoning
based on the Comprehensive Plan without a separate opportunity for nearby residents to
participate or seek mitigation; effects on access easements were also raised.

•

Rural compatibility and siting: requests for rural-residential protections, larger or
graduated setbacks, limits on noise and construction hours, lighting and visual screening,
and consideration of residents outside City limits.

•

Scale and public review: concern about projects expanding from a small initial facility to
hyperscale; proposals included limiting overlay eligibility to General Industrial areas,
requiring public-hearing review for all data centers, underground construction, and a
public vote.

•

Water and private wells: questions about water contamination, process-water reuse,
private wells and water collection, closed-loop systems, a daily water-use cap, monitoring
responsibility and frequency, and consequences for violations.

•

Enforcement: requests to identify who would monitor and enforce requirements and to
establish penalties meaningful enough to deter violations.

•

Decommissioning and costs: requests for a preconstruction escrow or other financial
assurance, clarity about responsibility after ownership changes, and upfront funding for
construction waste; comments also addressed tax abatements and incentives.

•

Moratorium: a September 25 email recommended using the full 60-day extension due to
the amount of information under review.

Current Draft Status
Draft 3 is the current working draft of the data center zoning ordinance. It has changed materially
since the September 17 package, but remains under staff and Commission review and may be
revised as the review continues. As currently drafted, it would require a Data Center Overlay and
Site Plan review, and a Master Development Plan for Regional-scale or Infrastructure-Intensive
development. It would evaluate integrated projects at anticipated ultimate buildout and address
phased development, expansions, and attempts to divide projects to avoid review.
As currently drafted, the infrastructure-intensive thresholds are based on construction or
expansion of an electrical facility meeting the specified capacity test, non-domestic water
demand of at least 75,000 gallons per day, or heavy-vehicle trip generation of at least 300 average
daily trips or 100 trips during a peak hour. Draft 3 would define water demand using the greatest

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

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anticipated average daily volume over any 30 consecutive days, count recirculated water once,
and exclude specified construction, emergency, and approved infrequent system-filling uses.
The working draft would require documentation of utility, water and wastewater, transportation,
and infrastructure needs at ultimate buildout. It would allow technical studies and independent
professional review at the applicant’s expense. Primary or sole-source on-site generation would
require Major Utility approval; primary cooling would have to use closed-loop, recirculating, aircooled, or another approved water-conserving approach, and once-through cooling could not be
the primary cooling system.
Draft 3 currently proposes a 300-foot separation requirement for specified exterior mechanical
or electrical equipment from certain residential and public-assembly properties, as well as Type
D bufferyards along specified street frontages and where otherwise required. The Master
Development Plan criteria would allow compatibility measures and conditions addressing
identified development effects. The working draft does not include the specific rural-residential
designation, broad separation distances, numerical noise limits, or construction-hour
requirements contained in some public submissions.
The current working draft would require a decommissioning plan with the Master Development
Plan application. The applicant would describe triggers, responsibility including ownership or
operation changes, proposed disposition or continued use, site security, schedule, estimated
costs, and proposed funding method. The PZC would need to find the plan reasonable and that
responsibility and costs are not expected to be left to the City or another public entity. Draft 3
currently would not require a deposit or financial security at the time of application, or a
particular disposition.
Draft 3 currently includes procedures for completeness review and hearing schedules, identifies
the PZC as the proposed final decision-maker on the Master Development Plan, requires written
findings, and limits conditions to identified, related, proportionate, clear, and enforceable
development effects. These provisions remain part of the working draft and may be revised
through continued review. Any future hearing record and notice procedures would be governed
by the ordinance as ultimately adopted and other applicable requirements.
Work Session Objectives
The October 8, 2026 work session is intended to obtain Commission feedback regarding the
overall direction of the draft package. Discussion may include:
•
•

Does the annexation and concurrent zoning process provide an adequate opportunity for
review when annexed land would receive a zoning classification that changes its existing
lawful use or established development pattern?
Does the overlay and Master Development Plan structure provide a suitable level of public
review for initial proposals, later phases, and expansions, given the comments requesting
special-use review for all data centers and concern about hyperscale buildout?
CITY COUNCIL
Sue Cahill, Melisa Fonseca, Marco A. Yepez-Gomez, Mark Mitchell,
Greg Nichols, Jeff Schneider, Gary Thompson

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•
•

•

•
•

Are the proposed 300-foot equipment separation and Type D bufferyard approach
appropriate, or should the Commission consider additional standards for rural residences,
noise, construction activity, or lighting?
Are Draft 3’s water-demand definition, cooling requirements, private-well framework,
and technical-review provisions sufficient for land-use review? Which monitoring,
reporting, or enforcement measures should be addressed in zoning, utility rules, or
another process?
Does the decommissioning-plan finding appropriately require a reasonable end-of-life
plan while leaving financial assurance for later consideration? Should the Commission
identify any further review needed regarding cost updates, ownership changes, or
responsibility for long-term site security?
How should staff clarify the relationship between zoning requirements and requests
about tax abatements, incentives, construction waste, utility rates, and company-valuebased penalties, which may involve other City or regulatory processes?
What additional information or revisions should staff prepare before the next formal
public hearing or Commission action?

No formal action is requested at this meeting.
Next Steps
Following the work session, staff will evaluate Commission comments and prepare revisions to
the draft ordinances as appropriate.
The Planning and Zoning Commission is scheduled to hold a formal public hearing on the draft
ordinances on October 15, 2026. Following the hearing, the Commission may take action,
continue its consideration to a later meeting, or request additional revisions. Any
recommendation by the Commission and subsequent consideration or adoption by the City
Council will occur at later meetings in accordance with the notice and procedures required by
law.

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

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October 1, 2026 Listening Sessions
Summary of Public Comments on Data Center Drafts
Purpose. The City held informal public listening sessions at noon and 5:00 p.m. to receive input on draft data center zoning and
related topics. The sessions were discussion opportunities; no official action was taken.

Attendance and comment record
Session

Sign-ins recorded

12:00 p.m.

14

5:00 p.m.

13

Total recorded attendance

27

The 27 entries may include people who attended both sessions. The expanded comment packet combines October 1 comment
forms with earlier roundtable records and written correspondence. Written comments are summarized together; the forms do not
identify a session.

Themes in the comments
• Rural residences, annexation, and compatibility. A Shady Oaks Road resident objected to annexing rural land directly into an
industrial zoning status based only on the Comprehensive Plan, emphasizing effects on nearby homes, limited opportunity to
participate or seek mitigation, and potential effects on access easements. A separate submission proposed a “rural residential”
designation based on proximity and low population density, applying protections regardless of city or county jurisdiction. It
suggested graduated setbacks by use intensity and measures for noise, construction hours, lighting, visual screening, buffers,
utilities, air and water quality, odors, and rural character.
• Siting, scale, and public review. Commenters proposed limiting the overlay to General Industrial areas, requiring special-use or
other public-hearing review for data centers of any size, increasing setbacks, capping campus building area, and considering
underground facilities. One commenter was concerned that a project could start small and later expand to hyperscale. Another
urged a public vote and opposed allowing data centers.
• Water, private wells, and monitoring. Comments raised concern about private wells, water collection, contamination and reuse,
and the effectiveness of closed-loop cooling. Suggestions included mandatory City water connection, a daily water-use cap,
identifying who would monitor water use and how often, and penalties or operating suspension for violations. Another commenter
welcomed attention to private wells and asked for transparent public review of agreements affecting power, water, or other
community interests.
• Enforcement and penalties. A commenter urged the ordinance to identify who monitors and enforces requirements and how
violations are penalized, arguing that small after-the-fact fines may not deter violations. Suggested consequences in separate
correspondence included investigation costs paid by the operator, temporary permit suspension, and fines tied to company or
facility value.
• Decommissioning, incentives, and construction costs. A longer submission called for plans addressing triggers, responsible
parties, process, safety, ownership changes, costs, and funding. It favored funding tied to construction cost over salaries or
revenue, questioned reliance on an insurance bond, and illustrated a long-term reserve fund. Other comments proposed requiring
an escrow fund before construction, prohibiting tax abatements or incentives, and funding construction-waste disposal up front.
• Noise and public input. One submission cited concern about low-frequency noise and sought a larger area for participation or
appeals. The rural-residential proposal also suggested specific day and night noise limits, adjustments for low-frequency and pure
tones, and construction-hour limits. October 1 comments additionally requested continued transparency and public-hearing
opportunities for projects affecting community interests.
• Moratorium timing. A September 25 email recommended that the City Council use the full 60-day moratorium extension, citing the
amount of information still under review.

Context for continued review
The expanded record includes requests for stronger restrictions, additional safeguards, and outright opposition, as well as
comments acknowledging or welcoming parts of the City’s work. These are individual submissions, not a representative survey of
attendees. The comments raise questions for continued review about annexation and zoning process, rural-residential compatibility,
phased expansion, water and well protections, enforcement and penalties, decommissioning security, incentives, and public
participation.

City of Marshalltown | October 1, 2026

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From:
To:
Subject:
Date:
Attachments:

Zachary Hamilton
[email protected]; [email protected]; [email protected]; [email protected];
[email protected]; [email protected]; [email protected];
[email protected]
Data Center | Ordinance Draft (Annexation Concerns)
Sunday, September 27, 2026 10:49:45 PM
1790566615976.png

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unless you recognize the sender and know the content is safe.

Clayton and Zoning Commisioners,
Thank you for a meaningful and productive conversation last week. I could not attend in
person, but I was listening online. I thought you made good progress through some important
topics. This is reflected in the initial draft of the ordinance updates that is now available on the
city website. Thank you for posting this document!!
One point of conversation in your recent meeting was how to handle annexed land. As
someone who would be most affected by this, I am especially interested on this point. I
recognize that the updated document is still an early draft and changes are likely to occur.
Because of that, I remain optimistic. I'm sure you will be able to get a sense of my concern as
you read below, so please know that everything is being stated from a place of genuine respect
and appreciation for all that you are doing.
------------During the recent meeting, one commisioner suggested that if land is currently listed for a
future use in the comprehensive plan, the ordinance should allow for the land to be
automatically annexed in as that future land use, regardless of its current use, without
additional P&Z review. I was grateful that at least two commisioners spoke against this due to
the potential impact to surrounding residents caused by the rezoning. Of course, if a site is
already being used for that future land use, then I agree with the logic of the former proposal
since there is no real impact caused by the rezoning (I believe all commisioners agreed on this
point). However, if the land use is changing entirely, then I completely disagree with the
proposed change.
Consider what it would mean for a family like mine (surrounded by farmland on all sides at
2250 Shady Oaks Road) if a developer could purchase the farm land, get annexed into the city
as industrial, and claim 'by right' authority to begin a development based on current city
guidelines. Because life out here is so different than in the city (quieter, more private, slower
pace) our lives could be turned upside down with little opportunity to voice concerns or help
mitigate the certainly vast impact this would have on us. Consider also that our current
residential property has a blanket ingress/egress easement on it that could easily be taken
advantage of and disrupt our daily lives. It is difficult to understate how close to reckless this
approach to annexation seems to be.
Because of my above concerns, I was disheartened to see that the former perspective made it
into page 11 of the ordinance updates.

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Not only does this remove the necessary framework for protecting the people most at risk (my
family included), I believe it may run dangerously close to breaking Iowa law. A
comprehensive plan is not a legally authoritative document (it is considered a relatively vague
directional plan that is readily open for amendment), so I do not believe it can be used as
grounds to justify a new zoning classification without planning and zoning review. Doing so
takes away the citizen protections intended by current Iowa law.
For all of the above, I strongly encourage you to reconsider the current language and make
planning and zoning review a necessary step when annexed land is being sought for rezoning
to a land use different than the current usage.
-----------Thanks again for all you are doing!! I recognize that this is a heavy lift for all of you in a short
amount of time.
Kind Regards,
Zach Hamilton
Marshalltown, IA | 50158
(816)-462-5964

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From:
To:
Subject:
Date:

Maggie
Clayton Ender
Need for inclusion of penalties
Wednesday, September 30, 2026 8:31:27 PM

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Clayton,
I’m sure you and the p/z members have seen this and many examples of data center developers
violating rules, regulations and rules throughout your research. However, I wanted to further
demonstrate why it is critical that data centers be zoned, categorized and regulated separately
and specifically, not lumped with all industries. Marshalltown’s regulations must also include
clearly who will be monitoring and enforcing regulations and parameters for enforcement and
penalization. Insignificant fines after the fact simple are not enough.
Sincerely,
Maggie
Linn Co. seeks $20,000 fine for unpermitted wells on data center construction site
https://www.kcrg.com/2025/08/05/linn-co-seeks-20000-civil-penalty-unpermitted-wells-datacenter-construction-site/

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From:
To:
Subject:
Date:

Maggie
[email protected]
Marshalltown data center ordinance
Friday, September 25, 2026 9:03:00 AM

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unless you recognize the sender and know the content is safe.

Clayton,
I wanted to share some ideas with you. I have read through the 1st draft of regulations that
were discussed at the planning and zoning work session on Sept 17. Based on the comments
from the commission during that meeting, I think it would be best to advise the city council to
extend the moratorium by the full 60 day allowed for in the moratorium ordinance
immediately. It is clear that the planning zoning commission is realizing that there is a lot
more information to digest than originally thought. The city council should be made aware of
that now.
Some specific points about the draft:
A new zoning code should be created specifically for data centers, such as a data center
overlay zone. This overlay should only be permitted in General Industrial zoning. By-right
approval must be removed. All proposed data centers of any size must obtain a special use
permit, thus requiring it to go before city council and require public hearing. If any land is
annexed for industrial purposes, it should be annexed under it's existing zoning and should not
be automatically changed to it's intended zoning use.
Water is of great concern. There is plenty of information telling us that closed loop cooling
systems aren't the answer. They create possibly more problems than they solve. Environmental
groups and companies specializing in the cooling of industrial facilities alike site a 25% per
month average water loss expected for these closed loop cooling systems. The
recommendation to prohibit private wells or water collection and requiring mandatory city
water connection is necessary and I appreciate it's inclusion. I would also recommend that
daily water consumption be limited to 25,000 or less per day gallons per day. I would like to
see it specified who will be monitoring this, how frequently, and what penalties will be
incurred for violation. I would recommend that include immediate suspension of operating
permits while under investigation conducted at the company's (not tax payers) expense. If
found to be in violation, the fine should be a percentage of the company or the facility's
worth/value. 10-20% should be considered if we don't want violations to be made without
serious repercussions.
Set back to be increased from 300ft to 1500ft. Total area for all buildings on proposed campus
should be capped 12,500 square feet or less.
I would like the regulations to clearly state no data center will receive any tax abatement or
incentive. Furthermore, an escrow fund should be established before construction begins
holding adequate funds for decommissioning should it be needed. Provisions should also be
made for waste disposal, particularly during construction, to be paid upfront before
construction begins.

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Recent information states that low frequency noise pollution is affecting an area surrounding
data centers up to a 6 mile radius. Anyone who works, lives or otherwise spends time in 6 mile
radius should be able to appeal any opposed project. A 750ft radius from facilities is extremely
inadequate.
Thank you for your attention in this matter,
Maggie Valentine

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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 regulate data centers according to the scale,
intensity, physical characteris�cs, infrastructure requirements, and effects of the proposed
development; and
WHEREAS, the City Council further finds that regional-scale and infrastructure-intensive
mixed-use and nonresiden�al developments warrant coordinated public review of site design,
infrastructure, compa�bility, public services, phasing, and mi�ga�on; 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 include 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, 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 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 turbine-based genera�on system is not
an Accessory U�lity and shall not be approved as an accessory use or facility.

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DATA CENTER. A facility consis�ng of one or more buildings used primarily for the storage,
management, processing, or transmission of digital data and containing computer or network
equipment, systems, servers, appliances, or other associated components related to digital
data storage and opera�ons. The term includes commercial cryptocurrency mining opera�ons
and associated processing facili�es.
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, or transmission of digital data.
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.
DEVELOPMENT SCALE, COMMUNITY. A Mixed-Use or Nonresiden�al Development containing,
or an�cipated to contain upon ul�mate buildout, more than 30,000 square feet but not more
than 60,000 square feet of aggregate Gross Floor Area.
DEVELOPMENT SCALE, NEIGHBORHOOD. A Mixed-Use or Nonresiden�al Development
containing, or an�cipated to contain upon ul�mate buildout, 30,000 square feet or less of
aggregate Gross Floor Area.
DEVELOPMENT SCALE, REGIONAL. A Mixed-Use or Nonresiden�al Development containing, or
an�cipated to contain upon ul�mate buildout, more than 60,000 square feet of aggregate
Gross Floor Area.
HEAVY VEHICLE. A vehicle classified as a Class 4 through Class 13 vehicle under the FHWA
Vehicle Classifica�on System by the Iowa Department of Transporta�on or the Federal
Highway Administra�on. The term includes buses, single-unit trucks, and combina�on trucks.
Vehicles classified as Classes 1 through 3 are excluded.
HEAVY VEHICLE TRIP GENERATION. The an�cipated number of Heavy Vehicle Trips generated
by a Development at an�cipated ul�mate buildout, measured by either: (1) the average daily
number of Heavy Vehicle Trips over a calendar year, consistent with the concept of Annual
Average Daily Truck Traffic; or (2) the number of Heavy Vehicle Trips during the highest-volume
peak hour. A Heavy Vehicle entering or leaving the Development cons�tutes one Heavy Vehicle
Trip. Heavy Vehicle Trip Genera�on shall be determined using the current edi�on of the
Ins�tute of Transporta�on Engineers’ Trip Generation Manual, a traffic impact study, Iowa
Department of Transporta�on or Federal Highway Administra�on vehicle-classifica�on data, or
another professionally accepted methodology approved by the City Engineer.

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INFRASTRUCTURE-INTENSIVE DEVELOPMENT. A Mixed-Use or Nonresiden�al Development
for which one or more of the following applies:
(1) Construc�on or expansion of an on-site or off-site electrical facility with a new maximum
con�nuous capacity of 25 megawats, or equivalent, or more, or an increase in the maximum
con�nuous capacity of an exis�ng electrical facility by 25 megawats, or equivalent, or more,
or by 10 percent or more, whichever is greater. An increase in the Development’s electrical
demand, without construc�on or expansion of an electrical facility, does not by itself cause the
Development to meet this threshold. In determining whether an off-site facility was
constructed or expanded to serve or accommodate the Development, the Zoning
Administrator shall consider the totality of relevant evidence, including the u�lity’s planning
and project records, the �ming and circumstances of the improvement, any service or
interconnec�on agreements or capacity commitments, and whether the improvement was
planned to serve broader system needs. The Development’s use of capacity made available by
an independently planned system improvement does not, by itself, cause the Development to
meet this threshold.
(2) Non-Domes�c Water Demand is equal to or greater than 75,000 gallons per day; or
(3) Heavy Vehicle Trip Genera�on is equal to or greater than 300 average daily Heavy Vehicle
Trips or 100 Heavy Vehicle Trips during a peak hour.
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 itself, preclude a finding that components
cons�tute an Integrated Development.
MIXED-USE OR NONRESIDENTIAL DEVELOPMENT. A Development containing one or more
principal uses other than Household Living or Group Living, whether or not the Development
also contains a residen�al use. An accessory nonresiden�al use that is incidental and
subordinate to a residen�al principal use does not, by itself, cons�tute Mixed-Use or
Nonresiden�al Development.
VEHICLE TRIP. A one-way movement of a vehicle entering or leaving a Development.

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WATER DEMAND. The greatest an�cipated average daily volume of water withdrawn or
delivered from all sources to operate a Development at an�cipated ul�mate buildout,
calculated over any period of 30 consecu�ve calendar days and expressed in gallons per day
(GPD). Water recirculated within the same system shall not be counted more than once. Water
used only for construc�on or emergency fire suppression is excluded. Water used for a filling
or replenishment of a system, reservoir, or other facility is also excluded if the filling or
replenishment is approved by the City’s Waterworks Department and occurs no more than
once in any consecu�ve 12-month period.
WATER DEMAND, NON-DOMESTIC. The por�on of Water Demand atributable to cooling,
manufacturing, equipment opera�on, treatment, irriga�on, or another commercial, industrial,
ins�tu�onal, or opera�onal purpose. Non-Domes�c Water Demand 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.
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 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.

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(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.
(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.
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(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.
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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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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.
Sec�on 4. Amendment. §156.B.006(A) is deleted in its en�rety and replaced with the
following:
(A) Development classifica�ons.
(1) Residen�al development types. New developments that are primarily residen�al are
classified as Conven�onal, Cluster, Infill, or Tiny House Neighborhood or Cotage Court, as
applicable. Development of any residen�al development type permited in the zoning district
is at the op�on of the applicant. Where more than one residen�al development type is
permited in a zoning district, no development type is mandatory.
(2) Development Scale. Each Mixed-Use or Nonresiden�al Development shall be classified as
Neighborhood-scale, Community-scale, or Regional-scale in accordance with division (E) of this
sec�on.

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(3) Infrastructure Intensity. Each Mixed-Use or Nonresiden�al Development shall be evaluated
for classifica�on as Infrastructure-Intensive Development in accordance with division (F) of this
sec�on.
(4) Independent classifica�ons. Development Scale and Infrastructure Intensity are
independent classifica�ons. A development may be subject to requirements associated with
either or both classifica�ons.
(5) Overlay districts. Applica�on of an overlay district does not replace, supersede, or
independently alter the Development Scale or Infrastructure Intensity classifica�on applicable
within the underlying base zoning district.
Refer to § 156.B.004, Residen�al District Development Standards, for lot density and
dimension standards related to each permited development and housing type combina�on.
Sec�on 5. Amendment. A new division (E) is added to § 156.B.006 as follows:
(E) Mixed-Use and Nonresiden�al Development Scale.
(1) Classifica�on. Each Mixed-Use or Nonresiden�al Development shall be classified as
Neighborhood-scale Development, Community-scale Development, or Regional-scale
Development in accordance with the applicable defini�ons in §156.M.003.
(2) Aggregate Development. When mul�ple buildings, lots, parcels, phases, facili�es, or
improvements cons�tute an Integrated Development, Development Scale shall be determined
from the aggregate Gross Floor Area of the en�re Integrated Development.
(3) Phased Development. Development proposed or constructed in phases shall be classified
based on the aggregate Gross Floor Area proposed at an�cipated ul�mate buildout, including
all phases included in or reasonably an�cipated as part of the development proposal.
(4) Subsequent Development. An expansion, addi�on, phase, or other modifica�on to an
exis�ng development shall be evaluated based on the aggregate Gross Floor Area of the
exis�ng development and the proposed development following comple�on of the expansion,
addi�on, phase, or modifica�on.
(5) Avoidance prohibited. A development shall not be divided or otherwise structured among
separate buildings, lots, parcels, phases, ownership en��es, operators, tenants, subsidiaries,
affiliated en��es, applica�ons, permits, or other components for the purpose of avoiding
classifica�on as Neighborhood-scale Development, Community-scale Development, or
Regional-scale Development, or avoiding an applicable requirement of this chapter.

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(6) Determina�on. The Zoning Administrator shall determine the applicable Development
Scale from the informa�on submited with the development applica�on and other informa�on
reasonably necessary to determine compliance with this chapter.
Sec�on 6. Amendment. A new division (F) is added to § 156.B.006 as follows:
(F) Infrastructure Intensity.
(1) Applicability. Infrastructure Intensity applies only to Mixed-Use or Nonresiden�al
Development and is determined independently from Development Scale.
(2) Classifica�on. A Mixed-Use or Nonresiden�al Development is Infrastructure-Intensive
Development if it meets or exceeds any threshold established in the defini�on of
Infrastructure-Intensive Development in § 156.M.003. A development that does not meet or
exceed any such threshold shall not be classified as Infrastructure-Intensive Development.
(3) Applicant documenta�on. The applicant shall provide sufficient informa�on, as determined
by the Zoning Administrator, to determine the Development’s Non-Domes�c Water Demand,
Vehicle Trip Genera�on, and Heavy Vehicle Trip Genera�on at an�cipated ul�mate buildout,
and whether construc�on or expansion of an on-site or off-site electrical facility meets the
threshold in § 156.M.003. The informa�on shall include applicable development plans,
equipment specifica�ons, u�lity documenta�on, trip-genera�on calcula�ons, and other
suppor�ng informa�on reasonably necessary to determine Infrastructure Intensity.
(4) Aggregate calcula�on. When mul�ple buildings, lots, parcels, phases, facili�es, or
improvements cons�tute an Integrated Development, the applicable electrical-facility
construc�on or expansion, Non-Domes�c Water Demand, Vehicle Trip Genera�on, and Heavy
Vehicle Trip Genera�on shall be determined for the en�re Integrated Development.
(5) Phased and subsequent development. Development proposed or constructed in phases
shall be evaluated based on the electrical facili�es proposed to serve the en�re Development
at an�cipated ul�mate buildout, together with the aggregate Non-Domes�c Water Demand,
Vehicle Trip Genera�on, and Heavy Vehicle Trip Genera�on at an�cipated ul�mate buildout.
An expansion, addi�on, phase, or other modifica�on to an exis�ng development shall be
evaluated based on the electrical facili�es proposed to serve the development following
comple�on of the expansion, addi�on, phase, or modifica�on, together with the aggregate
Non-Domes�c Water Demand and trip genera�on of the en�re development following
comple�on.
(6) Avoidance prohibited. A development shall not be divided or otherwise structured among
separate buildings, lots, parcels, phases, ownership en��es, operators, tenants, subsidiaries,
affiliated en��es, u�lity or access connec�ons, applica�ons, permits, or other components for
the purpose of avoiding classifica�on as Infrastructure-Intensive Development or avoiding an
applicable requirement of this chapter.
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(7) Administra�ve determina�on. The Zoning Administrator shall determine whether the
electrical-facility threshold is met and determine Non-Domes�c Water Demand, Vehicle Trip
Genera�on, Heavy Vehicle Trip Genera�on, and Infrastructure Intensity from the informa�on
submited with the development applica�on and any other informa�on reasonably necessary
to determine compliance with this chapter.
Sec�on 7. 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 8. 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 9. 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
-- -- -- -- -- -- -- -- -- -- S S -- P

Standards

156.C.012

Table Notes
3 The “P” and “S” designations for a Data Center apply only within the DC, Data Center Overlay District. A Data
Center is prohibited on property not encompassed by the DC Overlay.

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Sec�on 10. 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 the scale and physical
characteris�cs of the development and its poten�al effects on surrounding proper�es, public
infrastructure, u�li�es, transporta�on systems, and public services.
(B) Applicability and aggrega�on.
(1) A Data Center may be established only within the DC, Data Center Overlay Zoning District
and within an underlying base zoning district in which the use is designated “P” or “S” in Table
156.C.003-1. The DC, Data Center Overlay Zoning District does not authorize a Data Center in
an underlying base zoning district where the use is shown as prohibited.
(2) All Data Center Buildings, associated infrastructure, Accessory U�li�es, other accessory
facili�es, site improvements, and phases that are part of the same Data Center Development
shall be evaluated collec�vely when determining Development Scale, Water Demand, NonDomes�c Water Demand, Vehicle Trip Genera�on, Heavy Vehicle Trip Genera�on,
Infrastructure Intensity, and applicable development-review requirements.
(3) A Data Center Development shall not be divided among separate buildings, phases, parcels,
ownership en��es, operators, tenants, subsidiaries, affiliated en��es, applica�ons, permits,
u�lity connec�ons, access connec�ons, or other components for the purpose of avoiding or
reducing an applicable requirement of this chapter.
(4) An expansion, addi�on, phase, or other modifica�on to an exis�ng Data Center
Development shall be evaluated based on the aggregate development that will exist following
comple�on of the proposed expansion, addi�on, phase, or modifica�on.
(C) Development review. A Data Center Development shall be subject to Site Plan review and,
when required under Subsec. 156.J.005.5, Master Development Plan review, in addi�on to any
other applicable development-review procedures of this chapter.
(D) 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.
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(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, as determined by the Zoning
Administrator.
(3) A use or facility designed or intended primarily to serve other uses, proper�es, or
customers is subject to the zoning requirements applicable to the corresponding principal use.
(4) 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.
(E) Separa�on and buffering.
(1) A minimum separa�on distance of 300 feet shall be maintained between any emergency
electrical generator serving a Data Center Development, exterior cooling equipment serving a
Data Center Development, or other 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 is zoned for residen�al use
under the applicable city or county zoning regula�ons and contains a dwelling legally
authorized for occupancy under applicable law; 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.
(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
exterior mechanical or electrical equipment, or similar site features. Those features remain
subject to all otherwise applicable setbacks, buffering, screening, and development standards.

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(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.
(F) U�lity, transporta�on, and infrastructure coordina�on.
(1) In addi�on to the informa�on required under § 156.B.006(F), an applica�on for a Data
Center Development shall include documenta�on of an�cipated u�lity and transporta�on
service requirements, available capacity, required service connec�ons or interconnec�ons,
infrastructure improvements proposed or required to serve the development, and
responsibility for those improvements.
(2) Documenta�on shall address, as applicable:
a. Electrical service and interconnec�on requirements;
b. Water service;
c. Wastewater service;
d. Natural gas service;
e. Telecommunica�ons service;
f. Transporta�on access and capacity; and
g. Other u�lity or infrastructure services necessary to support the proposed development.
(3) Electrical-service documenta�on shall iden�fy an�cipated u�lity-service capacity; required
or proposed interconnec�ons and infrastructure improvements, including any off-site
improvements iden�fied as necessary to serve the Development; and the general loca�on of
proposed substa�ons, transmission or distribu�on facili�es, on-site genera�on, energy storage
systems, and backup power facili�es.

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(4) Water- and wastewater-service documenta�on shall iden�fy the Development’s Water
Demand and Non-Domes�c Water Demand, an�cipated peak daily water demand and
wastewater genera�on, water sources, water reuse or conserva�on systems, and public or
private improvements necessary to serve the Development.
(5) Transporta�on documenta�on shall iden�fy an�cipated Vehicle Trip Genera�on and Heavy
Vehicle Trip Genera�on, including average daily and peak-hour Vehicle Trips and Heavy Vehicle
Trips; an�cipated employee, service, delivery, and truck traffic; proposed access points and
internal circula�on; affected streets and intersec�ons; and public or private transporta�on
improvements necessary to serve the Development.
(6) Documenta�on shall be based on the Data Center Development as proposed at an�cipated
ul�mate buildout, including all phases included in or reasonably an�cipated as part of the Data
Center Development.
(7) The City may require a u�lity analysis, capacity analysis, traffic study, facili�es study, or
other technical documenta�on and may require that the documenta�on be reviewed by an
independent qualified professional selected or approved by the City. The applicant shall pay
the reasonable cost of the independent review.
(8) In reviewing the documenta�on required by this division, the City may consult affected
u�lity providers, the City Engineer, and other public agencies.
(9) 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.
(10) A Site Plan or Master Development Plan for a Data Center Development may be
condi�oned, subject to applicable law, on construc�on or installa�on of public or private
improvements iden�fied through review of the documenta�on required by this division and
reasonably necessary to serve the Development or mi�gate its project-related effects, or on
payment of the Development’s propor�onate share of those improvements.
(11) 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 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 on-site electrical genera�on, 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
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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.
On-site generators may be used for standby, backup, tes�ng, maintenance, or emergency
purposes, subject to this chapter and other applicable law.
(12) 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
during periods of unusually high ambient temperatures. 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 potable and non-domes�c water use
for cooling, equipment opera�on, and other commercial, industrial, ins�tu�onal, or
opera�onal purposes 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 11. 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
(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.
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Sec�on 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. Amendment. §156.I.001(C), Appeals, is deleted in its en�rety.
Sec�on 20. Amendment. Subsec. 156.J.001.2(3) is deleted in its en�rety and replaced with the
following:
(3) Quasi-judicial. The Plan and Zoning Commission reviews and makes final decisions on
Master Development Plans. The Board of Adjustment reviews and makes final decisions on
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applica�ons for special use permits and variances and on appeals of administra�ve decisions.
Each body shall make findings of fact and apply the applicable standards and criteria to the
record before it. A decision made under this paragraph cons�tutes the final decision of the City
and may be subject to judicial review as provided by applicable law.
Sec�on 21. 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.
(F) Refunds. Fees for applica�ons deemed incomplete and null and void are non-refundable.
(G) Con�nuing review process. Complete applica�ons shall subsequently undergo the
processes established in Subsec. 156.J.002.4, Staff Review.
Sec�on 22. 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
Plan 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.

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Sec�on 23. Amendment. Table 156.J.002.6-1, Required No�ce, is amended by adding the
following row under “Legisla�ve Applica�ons” and the following row under “Quasi-Judicial
Applica�ons”:

Review
Procedure
Legisla�ve
Applica�ons

Applica�on
Type
Annexa�on and
Concurrent
Zoning
Establishment

Quasi-Judicial
Applica�ons

Master
Development
Plan

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

Publica�on

Posted

Required

Required

Not Required

Required

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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Sec�on 24. 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,” dele�ng the row for Master Development Plan under “Legisla�ve
Applica�ons,” dele�ng and replacing the descrip�on of “Quasi-Judicial Applica�ons,” and
adding the row for Master Development Plan under “Quasi-Judicial 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.003.3;
nd
Concurrent
2 : Planning and
Iowa Code
Zoning
Zoning
chapter 368
Establishment
Commission,
(§
when required
156.J.003.3)
QUASI-JUDICIAL APPLICATIONS: Require final decisions applying the standards and criteria of this
Zoning Ordinance to a specific site, development, applica�on, or appeal. The designated review
body makes findings of fact and determines, based on the record, whether the applicable
standards and criteria are sa�sfied. Such final decisions are characterized by the exercise of
discre�on.
Master
Concurrent
2 years
Zoning
PZC
Ar�cle B,
Development with or a�er
Administrator
Ar�cle C, Ar�cle
Plan
any required
D
(§156.J.005.5) Zone Change
or Special
Use Permit
and before
approval of a
Site Plan,
plat, or other
development
permit

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Sec�on 25. 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) Adding a new “Master Development Plan” column under “Quasi-Judicial Applica�ons,” with
the applicable entries shown below; and
(3) 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

Quasi-Judicial
Master Development Plan

Yes

Yes

Yes

Yes

Yes
Yes

Yes
Yes

Yes
Yes

Yes
Yes

Yes

Yes

Yes

Yes

N/A

Yes

N/A

Yes

Yes

KEY:
"Yes" = Common Review Procedure Required; “No” =
Common Review Procedure Not Required; “N/A” =
Common Review Procedure Not Applicable
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Sec�on 26. Amendment. § 156.J.003, Legisla�ve Review Procedures, is amended by dele�ng
Subsec. 156.J.003.3 and replacing it with the following:
156.J.003.3 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.
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(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 27. Amendment. A new Subsec. 156.J.005.5, Master Development Plan, is added as
follows:
156.J.005.5 Master Development Plan.
(A) Generally. A Master Development Plan establishes a coordinated and binding framework
for the an�cipated ul�mate buildout of a Regional-scale or Infrastructure-Intensive
Development. The plan establishes the development’s approved scale and physical
development parameters, general layout, infrastructure requirements, mi�ga�on measures,
and phasing to guide review of implemen�ng Site Plans, plats, and permits.
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(B) Applicability.
(1) Required approval. Master Development Plan approval is required for:
a. Any Regional-scale Development classified under § 156.B.006;
b. Any Infrastructure-Intensive Development classified under § 156.B.006; or
c. Any other use or development expressly required by this Zoning Ordinance to obtain Master
Development Plan approval.
(2) Independent triggers. Regional-scale Development and Infrastructure-Intensive
Development are independent classifica�ons. A development mee�ng either classifica�on
requires Master Development Plan approval. A development mee�ng both classifica�ons shall
be reviewed under one Master Development Plan encompassing the en�re development.
(3) Overall development. Development Scale and Infrastructure Intensity shall be determined
from an�cipated ul�mate buildout in accordance with § 156.B.006. The determina�on shall
include all buildings, lots, parcels, phases, and suppor�ng facili�es that cons�tute an
Integrated Development.
(4) Minor expansion excep�on. An expansion or modifica�on to a development lawfully
exis�ng or approved before the effec�ve date of the ordinance adop�ng this paragraph does
not require Master Development Plan approval when the Zoning Administrator determines
that all of the following criteria are sa�sfied:
a. Following comple�on of the expansion or modifica�on, the aggregate Gross Floor Area,
Water Demand, Non-Domes�c Water Demand, Vehicle Trip Genera�on, and Heavy Vehicle Trip
Genera�on would not exceed 110 percent of the corresponding amounts lawfully exis�ng or
approved on the effec�ve date of the ordinance adop�ng this paragraph; and the expansion or
modifica�on would not cause the development to meet the electrical-facility threshold in §
156.M.003(1);
b. The calcula�on includes the development lawfully exis�ng or approved on that effec�ve
date, the proposed expansion or modifica�on, and all expansions or modifica�ons approved
a�er that date;
c. The expansion or modifica�on would not materially increase adverse effects on surrounding
property, public infrastructure, u�li�es, transporta�on facili�es, or public services;
d. Adequate infrastructure, u�lity, transporta�on, and public-service capacity is available to
serve the aggregate development, or any improvements necessary to provide that capacity will
be completed as part of the expansion or modifica�on;
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e. The expansion or modifica�on does not remove or materially reduce required
infrastructure, buffering, screening, public-service measures, or other mi�ga�on;
f. The development complies with all other applicable standards and approval requirements of
this Zoning Ordinance; and
g. The expansion or modifica�on has not been divided, phased, or otherwise structured for the
purpose of qualifying for the excep�on.
For purposes of this paragraph, the Zoning Administrator shall determine the amounts lawfully
exis�ng or approved on the effec�ve date from permits, u�lity records, development plans,
equipment specifica�ons, trip-genera�on calcula�ons, and other reasonably reliable
informa�on. The baseline established under this paragraph remains fixed and shall not be
increased by an expansion or modifica�on approved under this excep�on.
(5) Expansions requiring approval. Except as provided in paragraph (4), Master Development
Plan approval is required before approval of an expansion or modifica�on to an exis�ng
development when the aggregate development following comple�on of the expansion or
modifica�on is Regional-scale Development or Infrastructure-Intensive Development. The
Master Development Plan shall encompass the exis�ng development and the proposed
expansion or modifica�on.
(6) Avoidance prohibited. A development shall not be divided or otherwise structured among
separate buildings, lots, parcels, phases, ownership en��es, operators, tenants, subsidiaries,
affiliated en��es, u�lity or access connec�ons, applica�ons, permits, or other components for
the purpose of avoiding required Master Development Plan review or avoiding an applicable
requirement of this subsec�on.
(7) Timing. A required Master Development Plan shall be approved before approval of a Site
Plan or plat and before issuance of a grading permit, building permit, or other permit
authorizing site work or construc�on.
(C) Rela�onship to other approvals.
(1) A Master Development Plan may be submited and reviewed concurrently with a Zone
Change, Special Use Permit, subdivision applica�on, or other required development
applica�on.
(2) Master Development Plan approval does not cons�tute approval of an applica�on for
annexa�on, concurrent zoning establishment, Zone Change, Special Use Permit, variance, Site
Plan, plat, building permit, u�lity connec�on, development agreement, or other approval
required by this Zoning Ordinance or other applicable law.

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(3) When more than one approval is required, development shall not proceed un�l all required
approvals have been obtained. Denial or expira�on of one required approval is not superseded
by approval of the Master Development Plan.
(4) An implemen�ng Site Plan, plat, or permit may be reviewed concurrently with a Master
Development Plan but shall not receive final approval un�l the Master Development Plan has
been approved.
(D) Applica�on contents. A Master Development Plan shall include, as applicable, the following
informa�on at a scale and level of detail sufficient to evaluate an�cipated ul�mate buildout:
(1) Development boundary. The boundaries, acreage, legal descrip�on, and ownership or
control of all property included within the development.
(2) Exis�ng condi�ons. Exis�ng land uses, buildings, streets, access points, u�li�es, easements,
topography, drainage paterns, floodplains, wetlands, natural resources, and other physical
condi�ons affec�ng development of the property.
(3) Surrounding context. Exis�ng and planned development surrounding the property and
proposed transi�ons, separa�on, buffering, and compa�bility measures.
(4) Land uses. The general loca�on, type, and extent of each proposed residen�al,
nonresiden�al, mixed, accessory, and suppor�ng use.
(5) Development intensity. The maximum number of principal buildings, dwelling units where
applicable, Gross Floor Area, building coverage, building height, and other measures necessary
to establish the maximum intensity of the development.
(6) Building layout. The general loca�on, scale, orienta�on, and rela�onship of proposed
buildings and structures.
(7) Electrical service and infrastructure. The an�cipated electric-service and interconnec�on
requirements; the general loca�on and capacity of exis�ng and proposed on-site and off-site
electrical facili�es iden�fied as necessary to serve or accommodate the Development,
including substa�ons, transmission or distribu�on facili�es, on-site genera�on, energy storage
systems, standby generators, and other suppor�ng electrical infrastructure; and any related
construc�on, expansion, or upgrade of those facili�es.
(8) Water and wastewater. The maximum Water Demand, maximum Non-Domes�c Water
Demand, an�cipated peak-day water demand, an�cipated wastewater genera�on, water
sources, water reuse or conserva�on systems, and the general loca�on and capacity of water
and wastewater infrastructure.

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(9) Other u�li�es. The general loca�on and capacity of telecommunica�ons, natural gas, and
other public or private u�lity infrastructure necessary to serve the development.
(10) Access and circula�on. Exis�ng and proposed streets, driveways, access points,
emergency-access routes, internal circula�on, loading areas, parking areas, pedestrian and
bicycle facili�es where applicable, maximum Vehicle Trip Genera�on and Heavy Vehicle Trip
Genera�on, including average daily and peak-hour Vehicle Trips and Heavy Vehicle Trips, and
an�cipated transporta�on improvements.
(11) Stormwater and environmental condi�ons. Proposed stormwater facili�es and areas
designated for floodplain protec�on, natural-resource preserva�on, erosion control, or other
environmental mi�ga�on related to the physical development of the site.
(12) Site design and mi�ga�on. The general loca�on and character of landscaping, buffering,
screening, open space, fencing, ligh�ng, noise mi�ga�on, and other site improvements
intended to address the effects of the development.
(13) Public services. An�cipated demands on fire protec�on, emergency response, law
enforcement, solid-waste services, transporta�on facili�es, and other public services, together
with proposed improvements or mi�ga�on.
(14) Infrastructure and cost responsibility. Infrastructure improvements necessary to serve the
development; the en�ty responsible for design, acquisi�on, construc�on, opera�on,
maintenance, replacement, and cost; and any proposed City par�cipa�on, reimbursement, or
separate agreement.
(15) Phasing. The boundaries, sequence, �ming, maximum development intensity,
infrastructure, public-service measures, and mi�ga�on associated with each phase.
(16) Implementa�on. The improvements, mi�ga�on measures, agreements, easements,
dedica�ons, demand limita�ons, or other ac�ons necessary to serve the development and
implement the Master Development Plan.
(17) Decommissioning plan. The applicant shall submit a decommissioning plan with the
applica�on for a Master Development Plan. The plan shall iden�fy:
(a) The condi�ons that will trigger decommissioning, including permanent cessa�on or
abandonment of the Development;
(b) The party responsible for decommissioning and how responsibility will be addressed if
ownership or opera�on of the Development changes;

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(c) The proposed disposi�on of buildings, equipment, site improvements, infrastructure, and
other facili�es, including any proposed con�nued use, transfer, sale, lease, or reuse, or any
proposed removal or disposal, as applicable;
(d) Measures for securing and maintaining the site during any period of vacancy or
decommissioning;
(e) The an�cipated schedule for securing the site, beginning decommissioning, comple�ng
planned decommissioning ac�vi�es, and restoring the site, as applicable;
(f) The an�cipated cost of decommissioning and the assump�ons used to prepare the cost
es�mate; and
(g) The proposed method or methods for funding decommissioning, including how the
proposed funding method will be maintained and updated if ownership, opera�ons, or
es�mated decommissioning costs change.
The cost es�mate required under subparagraph (f) shall be prepared by a qualified
professional with relevant experience in es�ma�ng decommissioning costs. Submission of a
decommissioning plan does not, by itself, require the applicant to deposit funds with the City
or provide a bond, leter of credit, or other financial security.
(18) Addi�onal informa�on. Other informa�on reasonably determined by the Zoning
Administrator to be necessary to evaluate the criteria in division (E) of this subsec�on.
(E) Scope of review and required findings.
(1) Limited scope. Master Development Plan review shall not reconsider the legisla�ve
determina�on embodied in the applicable base and overlay zoning classifica�ons that the
iden�fied use may be established on the property. Review shall be limited to determining
whether the proposed development complies with the standards and criteria expressly
iden�fied in this subsec�on.
(2) Required findings. The PZC may approve or approve with condi�ons a Master Development
Plan only upon finding that:
a. Infrastructure and u�li�es. Exis�ng or planned u�li�es, streets, drainage facili�es, and other
public or private infrastructure can serve each phase and an�cipated ul�mate buildout, and
the plan iden�fies necessary improvements, their �ming, and responsibility for project-related
costs. Master Development Plan approval does not authorize City funding, reimbursement,
property acquisi�on, or another commitment requiring separate approval.

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b. Physical development. The general loca�on, scale, layout, access, circula�on, loading,
parking, stormwater facili�es, buildings, structures, and site improvements comply with
applicable physical-development standards and will func�on safely and adequately.
c. Compa�bility. The physical loca�on, scale, design, and opera�on of the development are
compa�ble with surrounding exis�ng and planned development, or will be made compa�ble
through separa�on, buffering, screening, design, opera�onal limita�ons, or other mi�ga�on
related to an iden�fied development effect.
d. Public services. Exis�ng or planned fire protec�on, emergency response, law enforcement,
solid-waste, transporta�on, and other public services can serve each phase and an�cipated
ul�mate buildout, or necessary improvements and mi�ga�on will be provided when required.
e. Phasing and mi�ga�on. Development phases are logically sequenced; each phase can
func�on safely and adequately; and required infrastructure, public-service measures,
compa�bility measures, and mi�ga�on will be provided when needed through clear,
measurable, and enforceable requirements.
f. Decommissioning. The PZC shall determine whether the applicant has submited a
reasonable plan for addressing the end of the Development’s useful life. The plan shall
describe the circumstances that may trigger decommissioning; the party expected to be
responsible; the general approach and an�cipated �ming for securing, maintaining, and
disposing of, removing, or con�nuing use of the site and its improvements, as applicable; and a
general descrip�on of an�cipated costs and how decommissioning is expected to be funded.
The plan must reasonably demonstrate that responsibility for the site and the costs of
implemen�ng the proposed end-of-life approach are iden�fied and are not expected to be le�
to the City or other public en�ty. The PZC’s review is limited to determining whether a
reasonable plan is in place to protect the public from having to assume that responsibility. The
PZC shall not require a par�cular disposi�on or method of decommissioning, or require funds
to be deposited or financial security to be provided at the �me of applica�on.
(3) Public tes�mony. The PZC shall consider public tes�mony only to the extent it provides
evidence relevant to the criteria in this division. Public opposi�on to or support for a use, or
the perceived desirability or undesirability of a use permited in the applicable zoning district,
is not, by itself, a basis to deny the Master Development Plan or impose a condi�on.
(4) Writen findings. The PZC’s final decision shall include writen findings addressing the
applicable criteria in this division.
(F) Procedures and final decision.
(1) Staff review. The Zoning Administrator shall review the proposed Master Development Plan
and may distribute it to affected City departments, public agencies, u�lity providers, and other
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en��es for technical review and comment. The Zoning Administrator shall prepare a report
and recommenda�on for the PZC.
(2) Public no�ce and hearing. No�ce shall be provided and the PZC shall conduct a public
hearing in accordance with Table 156.J.002.6-1, Table 156.J.002.12-2, Subsec. 156.J.002.6, and
Subsec. 156.J.002.7.
(3) Final decision by PZC. Notwithstanding Subsec. 156.J.002.7(F)(2), the PZC is the final
decision-making body for a Master Development Plan. The PZC shall approve, approve with
condi�ons, or deny the Master Development Plan. No recommenda�on to or approval by the
City Council is required. The PZC’s decision cons�tutes the final decision of the City.
(4) Time for final ac�on. The PZC shall take final ac�on on the Master Development Plan within
60 calendar days a�er the date on which the public hearing is first opened, unless the
applicant agrees in wri�ng to a later date. Failure to meet this deadline does not, by itself,
cons�tute approval or denial of the Master Development Plan.
(5) Condi�ons. The PZC may impose condi�ons only when the condi�ons:
a. Address infrastructure, physical development, compa�bility, public services, phasing, or
mi�ga�on under division (E);
b. Are reasonably related and propor�onate to an iden�fied effect of the proposed
development;
c. Are stated with sufficient clarity to be administered and enforced; and
d. Do not regulate u�lity rates or service territories, or decide maters concerning u�lity
genera�on or interconnec�on reserved to a state or federal agency or u�lity provider. This
limita�on does not preclude condi�ons regula�ng a facility’s loca�on, design, construc�on, or
land-use effects to the extent authorized by law.
(G) Effect of approval.
(1) Binding plan. An approved Master Development Plan, including all plans, approved
development characteris�cs, phasing requirements, condi�ons, mi�ga�on measures, and
other requirements incorporated into the approval, is binding on the subject property and all
subsequent owners, operators, applicants, and successors in interest unless amended or
expired under this subsec�on.
(2) Development characteris�cs. The Gross Floor Area, number of principal buildings, dwelling
units, building coverage, building height, Water Demand, Non-Domes�c Water Demand,
Vehicle Trip Genera�on, Heavy Vehicle Trip Genera�on, development area, number of phases,
and other development characteris�cs iden�fied in the approved Master Development Plan
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establish the basis for review of the Development. A change in those characteris�cs shall be
reviewed under division (H), as applicable. An increase in the Development’s electricity
consump�on, without construc�on or expansion of an electrical facility, does not by itself
require an amendment to the Master Development Plan. Approval of a Master Development
Plan does not establish a limit on the amount of u�lity service a u�lity provider may provide,
except to the extent a separate approval or agreement lawfully imposes such a limit.
(3) Subsequent approvals. Each subsequent Site Plan, plat, permit, and other development
applica�on shall demonstrate consistency and conformance with the approved Master
Development Plan and its condi�ons.
(4) Administra�ve implementa�on. A Site Plan or other implemen�ng applica�on that
conforms to the approved Master Development Plan may be reviewed and decided through
the otherwise applicable administra�ve review procedure.
(5) No construc�on authoriza�on. Master Development Plan approval does not authorize land
disturbance, grading, construc�on, occupancy, or opera�on without all other required
approvals and permits.
(6) No waiver. Master Development Plan approval does not waive or modify a standard of this
Zoning Ordinance except through a variance, Administra�ve Adjustment, alterna�vecompliance procedure, or other modifica�on expressly authorized by this Zoning Ordinance.
(H) Amendments.
(1) Substan�al conformance. An implemen�ng Site Plan, plat, or permit that remains
substan�ally consistent with the approved Master Development Plan does not require
amendment of the Master Development Plan.
(2) Administra�ve Adjustment. The Zoning Administrator may approve an Administra�ve
Adjustment to an approved Master Development Plan under Subsec. 156.J.004.7 only if all of
the following criteria are sa�sfied:
a. Is not a major amendment under paragraph 3;
b. Remains consistent with the purpose, general layout, development limita�ons, and
condi�ons of the approved Master Development Plan;
c. Does not materially increase an effect on surrounding property, public infrastructure, or
public services; and
d. Does not remove or materially reduce required infrastructure, buffering, screening, publicservice measures, or other mi�ga�on.
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(3) Major amendment. The following changes cons�tute a major amendment and require
review and approval through the same procedure as the original Master Development Plan:
a. An increase of more than 10 percent in the Water Demand, Non-Domes�c Water Demand,
Vehicle Trip Genera�on, or Heavy Vehicle Trip Genera�on iden�fied in the approved Master
Development Plan. The increase shall require review as a major amendment so the City may
evaluate its effects on infrastructure capacity, u�lity availability, other users, public services,
and surrounding proper�es. This paragraph does not authorize the City, in its capacity as a
zoning authority, to regulate a non-City u�lity’s service, alloca�on, rates, genera�on, or
interconnec�on, or to limit the City’s separate authority as the provider of City-owned or
operated u�li�es. An increase in electricity consump�on, without construc�on or expansion of
an electrical facility, does not by itself cons�tute a major amendment.
b. A material increase in the approved Gross Floor Area, number of principal buildings, number
of dwelling units, building coverage, or building height. In determining whether an increase is
material, the Zoning Administrator shall consider the amount and percentage of the increase
rela�ve to both (i) the corresponding approved measure for the Integrated Development as a
whole and (ii) the corresponding approved measure for each affected building, dwelling unit,
or other applicable component, as well as the increase’s loca�on and design and its effects on
infrastructure capacity, public services, and surrounding proper�es. An increase that is minor
in amount and has no material effect on those maters does not, by itself, cons�tute a major
amendment. All increases approved administra�vely under this subparagraph, measured
cumula�vely from the corresponding amounts in the original Master Development Plan or
most recent major amendment, shall not exceed 10 percent of those amounts for the
Integrated Development as a whole or, where the approved plan establishes a separate limit
for an individual building or other component, for that building or component.
c. An expansion of the approved development boundary;
d. A change to approved phasing, including the addi�on, combina�on, or removal of a
development phase, that would materially alter the �ming, loca�on, sequence, scale, intensity,
or infrastructure requirements of the approved development. In determining whether a
change is material, the Zoning Administrator shall consider the amount and type of
development affected, the phase in which it is moved, and any resul�ng effects on
infrastructure capacity, public services, or surrounding proper�es;
e. Addi�on of a principal use or a change in the loca�on or distribu�on of approved land uses
that would materially alter the character, scale, intensity, or effects of the approved
development;
f. A material change in the loca�on, type, or capacity of major infrastructure serving the
Development, including streets, access points, on-site or off-site electrical facili�es iden�fied in
the approved Master Development Plan, other u�lity infrastructure, or stormwater facili�es,
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that would materially alter the Development’s infrastructure requirements, opera�ons, or
effects on surrounding proper�es, public infrastructure, or public services;
g. Removal or material reduc�on of required improvements, buffering, screening, publicservice measures, or other mi�ga�on;
h. A change that would materially increase the development's effects on surrounding
proper�es, public infrastructure, or public services; or
i. Another change determined by the Zoning Administrator to be materially inconsistent with
the approved Master Development Plan or its condi�ons.
(4) Demand and trip-genera�on adjustments. An Administra�ve Adjustment may authorize an
increase in Water Demand, Non-Domes�c Water Demand, Vehicle Trip Genera�on, or Heavy
Vehicle Trip Genera�on iden�fied in the approved Master Development Plan only if the
increase does not exceed 10 percent of the corresponding amount approved in the original
Master Development Plan or most recent major amendment. All increases approved
administra�vely since that plan or amendment shall be included in calcula�ng the 10-percent
limit.
(5) Administra�ve determina�on. The Zoning Administrator shall determine whether a
proposed change is in substan�al conformance, requires an Administra�ve Adjustment, or is a
major amendment. An appeal of that administra�ve determina�on may be filed under Subsec.
156.J.005.3, Appeal of Administra�ve Decision.
(I) Time frame and expira�on.
(1) Ini�al validity. Master Development Plan approval is valid for the period established in
Table 156.J.002.12-1.
(2) Commencement. Unless an extension is approved under Subsec. 156.J.002.11, a Master
Development Plan expires if substan�al site work or construc�on authorized by a valid permit
has not commenced within two years a�er approval of the Master Development Plan
(3) Mul�phased development. Each subsequent phase shall commence by the date established
for that phase in the approved phasing schedule. If the schedule does not establish a
commencement date, the phase shall commence within two years a�er substan�al site work
or construc�on for the preceding phase commenced. The Master Development Plan remains
effec�ve for a phase that commences by its applicable deadline, subject to the approved
phasing schedule and any phase-comple�on deadlines imposed as condi�ons of approval.
Unless an extension is approved under Subsec. 156.J.002.11, the Master Development Plan
expires as to a phase that does not commence by its applicable deadline.

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(4) Extension. An extension may be requested and considered under Subsec. 156.J.002.11,
Approval Extension. The PZC may require an amended phasing schedule or updated
informa�on regarding infrastructure capacity, physical development, compa�bility, public
services, or mi�ga�on as a condi�on of extension.
(5) Effect of expira�on. Expira�on of a Master Development Plan does not invalidate a lawfully
approved and unexpired Site Plan, plat, or permit or require removal of lawfully completed
improvements. An undeveloped por�on of the property is subject to the standards and
approval requirements in effect when a new development applica�on is submited.
Sec�on 28. 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 29. 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.
Passed this _____ day of ____________ 2026 and signed this _____ day of ___________ 2026.
Signatures on 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 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

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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.
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§ 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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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

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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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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
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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
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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

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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)
4894-1430-2177-7\20500-000

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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.
EMERGENCY ELECTRICAL GENERATOR. Equipment designed and operated primarily to provide
temporary electrical power during an actual interruption of normal utility service or during an
emergency requiring temporary electrical power to protect life, public health, safety, or property.
The term includes portable and permanently installed generators and their associated engines,
cooling systems, exhaust systems, transformers, and electrical 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.

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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.
Section 4. Amendment. §134.003(B) is hereby amended to read as follows:
(B) The emission of sound in the performance of emergency work, except that operation of an
emergency electrical generator is governed by §134.010.
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 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 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 Generator Testing Permits.
(1) The Noise Control Office may issue a single noise permit authorizing a recurring schedule for
testing and maintenance of emergency 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
generator testing permit shall identify:
a. The number, type, and location of 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 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 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 EMERGENCY ELECTRICAL GENERATORS.
(A) Routine Testing and Maintenance. Notwithstanding §134.005, routine testing and maintenance
of an emergency electrical generator may temporarily exceed the otherwise applicable sound
limits without obtaining 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 one hour in the aggregate during that day;
(3) Testing does not exceed 80 dBA when measured at a residentially zoned or noise-sensitive
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.
Testing that does not comply with this subsection is subject to the ordinary sound limits of
§134.005 unless authorized by a noise permit.
(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 emergency 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 emergency electrical
generator:
(1) During an actual interruption of normal utility electrical service;
(2) When normal utility electrical service is unavailable or unsafe for use;
(3) 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
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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
(4) During another emergency when generator operation is reasonably necessary to protect life,
public health, safety, or property.
Operation under this subsection shall be limited to the duration reasonably necessary. Operation
under paragraph (3) 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.
(E) Excluded Operations. The exception provided by subsection (D) does not apply to:
(1) Routine testing, maintenance, or commissioning;
(2) Peak shaving, economic dispatch, or operation undertaken in response to electricity prices or
other economic considerations;
(3) Voluntary demand-response or load-management participation, including operation
undertaken to satisfy a contractual commitment voluntarily assumed by the owner or operator;
(4) 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 subsection
(D)(3) is in effect;
(5) Grid-support operation that is requested, encouraged, or financially incentivized but is not
required by a directive qualifying under subsection (D)(3); or
(6) Generation of electricity for sale or another nonemergency commercial purpose.
(F) Restoration of Utility Service and Extended Operation.
(1) Operation under subsection (D) shall cease within a reasonable period after normal utility
electrical service has been restored and is reasonably stable, except for a manufacturerrecommended cool-down period or other operation necessary to safely return the equipment to
standby condition.
(2) If operation under subsection (D) 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.
(3) If operation under subsection (D) 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 (2), 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 emergency
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.
(4) 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.
(5) 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 subsection (D) remains in effect;
b. Generator operation remains reasonably necessary to respond to that condition; and
c. No reasonable alternative source of power is available.
(6) 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
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intervals requested by the Noise Control Office. An extended-operation and noise-mitigation plan
shall be reviewed at least annually while generator operation continues.
(7) Continued operation is not prohibited solely because of its duration. However, the exception
provided by subsection (D) 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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