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HomeMy WebLinkAbout1984-08-14 Ordinanceh'aJ? ORDINANCE NO. ORDINANCE TO AMEND THE TREE REGULATIONS OF THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Division 2, Sections 36-12., 36-73, be deleted from the Zoning r i�d nance and the following be inserted in lieu thereof: DIVISION 2. TREE REGULATIONS Sec. 30-72 General. / (a) Purpose. The purpose of these regulations s all be to assure that trees are 61anted and/or preserved with the development or redevelopment of buildings and parking areas for other than single-family ses and with the establi hm n DL conversion of\uses other than sinale-family uses, in accordance with the best ecological concepts, environmental obje ives and site planning principles so the well-being of\the residents of the ty is protected and enhanced. (b) General Applicabilit . No buildinpermit shall be issued for the con- struction, reconstruction or structu 1 alteration of a building and i Darkina area nor shall any se be esta fished or converted nor shall a certifi- rata of nrrunancv he Granted \for a dse without conformity with the provisions of the tree regulations. HowX4edO he roiiowing snail oe exempt Trom mese regulations: (1) Property in the CB -10 zones. 2 Pro ert develo ed wifficient vards such that the tree reula- tions cannot be met a t es which can a rovided in com Ianc with the re uiremen s of this ivision shall be provided. (3) Any individual to occupied b a single family dwelling except far townhouses. Refer to Chapter 34 of the Iowa City i al Code for other regulation pertaining tove etatio . (c) Recommended 5 eci s of Trees. The varieti of trees permitted by this ordinance for tie us n icate , are specified the "List of Recommended Trees for Iowa City" as updated and amended from ti a to time and available as a supplement to and made a part of the tree regulat ns. The "List of Recom- mended Trees for owa City" may be obtained from he office of the City Forester or the D artment of Plannin and Pro ram 0 yelp ment. res n included on the 'List of Recommended Trees for Iowa it " ma be used t (d) Installation. All tree plantings required by this section shall be instal e prior o occupancy or commencement of a use. If th plantings cannot be installed prior to occupancy or commencement of a use, the DI{ilding Official shall issue a temporary certificate of occupancy accompanied by a letter of violation and/ grant a delay of tree installation until the seasonal calendar dates of Jund 1 or November 1, whichever occurs first, and the City shall J05, 2 (e) Planting Sizes. The following specifications shall be met at the time of planting: (1) Large Deciduous Trees. This type of tree shall have a minimum trunk diameter of 1.5 inches at a point six (6) inches above ground level, and demonstrate the growth capabilities, branch formation, and crown balance that is indigenous to the particular variety. The tree shall be straight of trunk with the main leader intact. C (2) Small Deciduous Trees. This type of tree shall have a single stem and \a minimum trunk diameter of 1.5 inches, and demonstrate the growth capabilities, branching formatioq/and crown balance that is indigenous to the particular variety, he tree .shall be .straight,of trunk With the main header intact. (3) Coniferous, Trees. This type of tre shall have a minimum height of 3 feet measur rom the planted 1 vel to the top of the tree. The needle color and branching habits shall be normal for the species and the overall appearance shall be indicative of previous care in pruning and dev lopment. (f) Maintenance. It shat be the maintain a�—re-anif nec sary, their planting; anv trees on or i,4 (g) General Provisions. sibility of the owner of a lot to required by these provisions after ooerty which overhana the nuhlir (1) The distances required herein fo the location of a tree shall mean the distance to the/center of the tee. (2) Where fractional /numbers of tree result, the number of trees required shall be/rounded to the clos �sst whole number. (3) Evergreen trees, required for screen 5r purposes in accordance with the provisions /of Sec. 36 -76(j) -Scree ing and Sec. 36 -58(e) -Off- street Parking Requirements, may be usedo satisfy the requirements of the tree regulations provided they are of a variety suitable for screening purposes, as listed in the ab ve supplement, and are allowed to grow to their mature height. f41 References to "larae" or "small" trees in subs ouent naraoranhs refer (h) Site Plan. Whed provisions of the tree regulations are applicable, a site ("plotr)T shall be submitted with the request for a building permit and shall, in addition o the information normally required, include: (1) the size and location of required planting areas; (2) the mature height (small or large), location and type (evergreen or deciduous) of existing and proposed tree plantings; and (3) the location of existing trees within the right-of-way. 1671r 3 Sec. 36-73 Requirements. (a) Trees adjacent to and within street�ri hts�of.wway. The following provi- sions sha reguate the planting s adjacent to and within street rights-of-way. (1) Applicability. a,. Whenever there is a conversion or a new use established, the requirements of this subsection shal/itions, licable to the entire requirements b. Whenever a principal building(s) is ted, reconstructed or structurally altered by one or more the total of which increases the floor area by moren (10) percent, the requi ements of this subsection sh 1 be applicable to the entire lot. c. If any ovision of this Chap r would preclude the planting of one or mo a trees adjacent to the right-of-way, the trees unable to be pla ted adjacent to the right-of-way shall be planted within the ight-of-way acc rding to the provisions of paragraph (3). Howeve trees exclyded by the provisions of paragraph (3) may be omitted 7 d. If trees present exist within the right-of-way, trees need not be planted adja nt /to the right-of-way provided that the required number of rees exists. Additional trees required shall be planted adjacent /to the right-of-way except as provided in subparagraph c above/. (2) Required tree planting/adja nt to street rights-of-way. Trees shall be planted adjacent o stre 11 rights-of-way and meet the following conditions: a. Large size trees shall be p nted at a minimum ratio of one tree for every 40 flet of lot fran age or for small size trees, every 30 feet of lob frontage. In he case of a corner lot, only one (1) tree for every 60 feet of 1 ttfrontage shall be required. b. Trees shall/be planted adjacent tO street rights-of-way iw thin c.,.,...,,.,., 1,,eI fear of tho right -e wav line for large trees and within eigpt (8) feet of the right}of-way line for smaii trees but not closer than four (4) feet to a public sidewalk or the anticipated location of a future public sidewalk where one does not now xist. c. Small sl`ze trees shall not be located cioser than eight (8) feet to a bdilding and large size trees shall not be located closer than 14 feet to a building. d. Large size trees shall be spaced no closer than 30 feet apart, or for small size trees, no closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, trees shall be planted in accordance with the /531� 4 provisions of Sec. 36-760) and be of a variety suitable for screening purposes as designated in the "List of Recommended Trees for Iowa City." e. Trees shall be located within lantin areas and separated from parking areas pursuant to the requirements o paragraph (b)(2). \ f. At street intersections, trees shall not/be located within a triangular area, two (2) sides of which' shall be 30 feet in \ length measured along the right-of-way/ lines from the point of intersection. �. r,j1T ! _ g. Trees shall be p ced to avoid interference with the construc- tion, maintenance a operation of public and private utilities and services above 9 below ground as determined by the utility companies and the Cjty ngineer. (3) Placement of following a. A tree p within streeri right-of-way on i'acent to the st e ions: permit shall be obi b. Trees shall not be located within f sidewalk,or the anticipated location i where one does not exist. Trees shall (5) feet of the curb. No trees sha -of-way. sha from the City Forester. (4) feet of a public future public sidewalk be located within five - _Vy. c. At street intersections, trees shall not be ocated within 70 feet /of the intersection of curb lines along arterial streets, within 50 feet along collector streets, or within 30 feet of the intersection of curb lines along residential streets. d. At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall not be located within 1i feet of the drive, aisle or the right-of-way line of the alley. 5 e. Large size trees shall be placed no closer than 30 feet apart or located closer than 14 feet to a building. Small size trees shall be located no closer than 16 feet apart but may be located \ to within eight (8) feet of a building. f. Vrees shall be placed to avoid interference with the construc- tton, maintenance and operation of public and private utilities anservices above or below ground as determined by the utility companies and the City Engineer. first rai requiremen (b) Trees�on r�ivat�e sl all reg!, th property: (1) Applicability. The following provisions parking areas on private a. Newoarking areas. Whenever the total number of parking spaces required or provide on a lot exceeds 18 parking spaces, the re- quirements of this subsection shall be applicable. Screening of e b. Existing parking areas.\This subsection shall apply to an existing parking area under the following conditions: 1. If the number of parkingpace is increased'to accommodat moi parking spaces in excess of 8 ments of this subsection. 2. If an existing parking area parking spaces is increased in spacesShall comply with the tion. s in an existing parking area •e than 18 parking spaces, the shall comply with the require- ich provides more than 18 ea, the additional parking puirements of this subsec- 3. If an existing parking area doe not have a permanent dust free surface and is required to be surfaced or altered in any way, the provisions of this su ection shall apply as if the parking area had not previously Existed. c. Parking ramps, covered parking areas, and parking areas that are an integral part of a building shall be exempt from the require- mentsll.of this subsection. (2) Required tree planting for parking areas. Trees and planting areas shall be provided within and abutting the perimeter of parking areas) and meet the following conditions: (c) 6 a. Plantinq areas shall be located so every parking space or portion thereof is not more than 40 feet from a small size tree within a planting area or 60 feet from a large size tree within a plantin C area. b\ planting area shall be separated from parking spaces, drives, \and alleys by an unmountable curb or barrier a minimum of five (5) inches in height. The curb or barrier shall be constructed in such a manner that saltwater runoff will not damage the tree. C. Only \small trees shall be allowed insmall Planting area and they shall beplanted at a ratio of .no more than one tree for each 120 square feet of planting area. large size trees -shall be aiinwnd nnly in Larne olantina areas and shall be planted at a planting area. d. Small trees shall be located minimum of four and a half (4 1/2) feet from the edge of a la tin area and large trees shall be located a minimum 'of four nd a half 4 1/2 feet from the edge of a planting area. e. Trees shall not be 1 ated within four (4) feet of a public sidewalk or the antici ted location of a future public sidewalk where one does not ex' t. Trees gn rivate ro ert foo'resid ntial uses. The following provisions shall regulate the plantin of tre s for residential uses, except for single-family residences. (1) Applicability. Whenever a buildi g containing a esidential use is constructed, reconstructed, or tructurally alter by one or more additions, the total of which ncreases the floor area by more than ten (10) percent, the req irements of paragraph 2) shall be applicable to the entire lot. (2) Required tree lanting for residential \ths .Treesshall be planted on a lot with residential use and meefollowing conditions: a. Trees sha 1 be planted at the minimum rat o of one tree for every 550 soua a feet of total building coverag of the lot. In lieu Covera a of the lot. Where residential uses are comoineu wicn other Uses, the building coverage shall be determined on the basis of the greatest amount of residential floor area of any floor that is wholly or partially devoted to a residential use. Trees planted to fulfill the requirements of Section 36-73(a) its Small trees shall c. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. d. t street intersections, trees shall not be located within a tr'angular area, two (2) sides of which shall be 30 feet in len th measured along the right -of -w lines from the point of intersection. e. Small trees shall be olanted in, a minimum planting area of 120 n SECTION II. REPEALER: All ordinan s and parts of ordinances in conflict with the provision of this ordinance ar hereby repealed. SECTION III. SEVERABILITY: If ny sect oin, provision or part of the Ordinance shall be adjudged to a inval' or unconsti utional, such adjudication shall not affect the validity of th Ordinance as a whole or any section, provision or part thereof not a/tis nvalid or unconsti utional. SECTION IV. EFFECTIVThis Ordinance shall b in effect after its final passage, approva anion as required by law I Passed and approveMAYOR ATTEST: JS44r 8 It was moved by and seconded by the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i Ambrisco Dickson _ Baker Erdahl McDo 1d _ Str it _� Z er First Consl'deration Vote for passage: Second Con Vote for Date publi I Received b Approved By The Legal DepaAment that 15yur k� ORDINANCE NO. ORDINANCE TO AMEND THE OFF-STREET PARKING REQUIREMENTS OF THE ZONING ORDINANCE TO INCLUDE PROVISIONS FOR TRAFFIC ISLANDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Section 36-58(c)(2)h be O deleted from the Zoning finance and the following be inserted in ieu thereof: h. Parking spaces aong lot lines and alleys shall be provided with car stops or curbi g so no part of a parked vehicle can extend beyond the lot line or into the alley. In addition, tr fic islands of pervious or impervi s material shall be located in a manner which separates \parking sp ces from drives and alleys as in the llustration below: D= C<L SECTION II, Thi ordinance shall be in full force and of ct when published by law. SECTION III. REPEAL All ordinances andpar s o or finance in conflict with the provision of this or 'nance are hereby repealed. SECTION IV. SEVERABILI Y. If any section, provision or part Qf the Ordi- nance shall be adjudged to be\invalid or unconstitutional, such adjudication shall not affect the validity of the'Ordinance as a whole or any section, provision or pari thereof not adjudged invalid or un- constitutional. Y /9316 ORDINANCE NO. 84-3196 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO BRING THE IOWA CITY MUNICIPAL CODE INTO COMPLIANCE WITH RECENT STATE LEGISLATION REGARDING MANUFACTURED HOUSING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The Zoning Ordinance of the City7o Iowa City is hereby amended by the following: A. Sec. 36-4(d)(15) shall be repealed and the following paragraph substituted in lieu thereof: Dwelling, single-family. A building containing one dwelling unit. This definition includes the term "manufac- tured home." B. Sec. 36-4(m)(1) shall be repealed and the following paragraph substituted in lieu thereof: Manufactured home. A factory -built single-family dwelling, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufac- tured home unless it has been con- verted to real property and is taxed as a site built dwelling as is provided in Iowa Code (1983) 135D.26. For the purpose of any of these regu- lations, manufactured homes shall be considered the same as a single-family detached dwelling. C. Sec. 36-4(m)(2) shall be repealed. Section 36-4(f) shall be amended by adding the following paragraph: (1.1) Factory -built housing park. A tract of land which has been planned and improved for the placement of manufactured homes, mobile homes and modular homes on leased spaces. /09 Or —*ance No. 84-3196 Pay_ 2 Sec. 36-4(m)(4) shall be repealed and the following paragraph substituted in lieu thereof: Mobile home. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used for year-round occupancy as a single family dwelling and containing water supply, waste disposal, heating and electrical conveniences. A mobile home is factory -built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as "manufactured homes." The following paragraphs shall be added to the dimensional requirements of the sections noted: 1. Sec. 36-5(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 2. Sec. 36-6(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 3. Sec. 36-7(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 4. Sec. 36-8(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. 5. Sec. 36-10(e)(7) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. 6. Sec. 36-11(e)(7) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. Isyt Ordinance No. 84-3196 Pa 3 7. Sec. 36-13(e)(7) Minimum building width: 20 ft. for at least 75% of the building's length. F. Sec. 36-9. Manufactured Housing Residential (RMH) zone shall be retitled the Factory -Built Housing Residential (RFBH) zone. O. Sec. 36-9(a) shall be repealed and the following paragraph substituted in lieu thereof: Intent. The Factory -Built Housing Residential (RFBH) zone is designed to provide for the placement of manufac- tured homes, mobile homes and modular homes within factory -built housing parks, or upon individually subdivided lots with a lot size smaller than that allowed in other zones permitting single-family dwellings. The RFBH zone also provides a location for the placement of those mobile homes which are not classified as manufactured homes and may not comply with the building, electrical, plumbing, or housing codes, and for those factory -built homes which do not have a minimum building width of 20 feet. H. Sec. 36-9(b) shall be repealed and the following paragraph substituted in lieu thereof: Permitted uses. TT Manufactured homes. (2) Mobile homes. (3) Modular homes. I. Sec. 36-9(c)(2) shall be repealed and the following paragraph substituted in lieu thereof: Manufactured homes, Mobile homes and Modular homes with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or par of the Ordi- nance shall be adjudged to be 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. 1_15W Ore -ince No. 84-3196 Pay, 4 SECTION IV. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication required by law. Passed and approved this 14th day of August, ATTEST: as It was moved by Strait 'and seconded by Dickson that the Ordinance as—read e adopted and upon roll calf—Me—re wwere: AYES: NAYS: ABSENT: X M1BRISC0 K BAKER R DICKSON X ERDAHL K MCDONALD X STRAIT X ZUBER First consideration )CM Vote for passage: Second consideration )OM Vote forpassage: Moved by Strait,'seconded by Dickson, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings nrior to the meeting at which it is to be finally passed be suspended, the first and secogo vote be waived and that the ordinance he voted upon for final passage at t is timbate published 8/22/84 15�z0