HomeMy WebLinkAbout1976-10-19 OrdinanceORDINANCE N0.
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AN ORDINANCE AMENDING ORDINANCE NO. 2238, THE ZONING
ORDINANCEi OF IOWA CITY, IOWA, BY ESTABLISHING REGULATIONS
FOR THE PLANTING OF TREES WITHIN IOWA CITY, IOWA BY
ESTABLISHING SECTION 8.10.40.
BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA;
SECTION I. PURPOSE. The purpose of this ordinance is to amend the
Municipal Code to establish requirements for the planting anal preser-
vation of trees.
SECTION II. ESTABLISHMENT. Section 8.10.40 of the Municipali Code of
Iowa City, Iowa, shall be established to the following:
(Continuation)
CHAPTER 8.10
SECTION 8.10.40
REGULATIONS FOR THE PLANTING AND PRESERVATION
OF TREES WITHIN IOWA CITY, IOWA
Subsections:
8.10.40.1 Title
8.10.40.2 Intent
8.10.40.3 Necessity
8.10.40.4 Enactment
8.10.40.5 Applicability
8.10.40.6 Definitions
8.10.40.7 General Provisions
8.10.40.8 Preservation of Trees and Landscape
8.10.40.9 Site Plan
8.10.40.10 Site Plan Review Procedure
8.10.40.11 Trees Within and Along Public Right -of -Way
8.10.40.12 Trees on Private Property
8.10.40.13 Maintenance
8.10.40.14 Enforcement
8.10.40.15 Penalty
8.10.40.16 Appeal
8.10.40.17 Severability
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Ordinance No.
Page 2
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8.10.40.1 TI'T'LE. This section shall be kn wh and may be cited as
"The Regulations for the Plantir) Viand Preservaaion of
Trees Within Iowa City, Iowa", Tl�e short title for this
section shall be known as "Tree'R'egul'ations't.
8.10.40.2 INTENT. The purpose of these :regulations shall be to
assure that trees are preserved and planted with the
development or redevelopmentoE structures', drives and
parking areas within "fne City in accordance with the
best ecological concepts, enbi7iorimental objectives and
situ planning principles, so that the well-being of the
residents of Iowa City is protected and enhanced.
8.10,40.3 NECIISSITY. These regulations dre necessary in order tq:
(A) provide an urban environment which is in
ecological harmony with the surrounding natural
and agricultural environments;
(8) provide an urban environment vrhich. brings the
Positive qualities of the natural environmgnt
into the City for the l?e'nefit of its residents;
(C) protect streams and water courses from excessive
surface runaff and erosion.,
(0) protect residents of the City from the adverse
effects of air pollution, dust, noise, excessive
heat and glare;
(E) assure that the residents of the tity may conserve
energy by maximizing the utilization of solar
energy by plants;
(P) assure that trees are planted within public rights-
of-way and on private property so that vehi,'ular
and pedestrian traffic may inove in an ordexq and
safe manner; and
(G) compensate for the loss of vegetative cover and
the beneficial aspects of vegetation 'to structures
and the streets, drives, and parking areas which are,
associated with structures.
8.10,40,4 ENACTMENT, Except as provided herein, no building permit,
or certificate of occupancy shall be granted for it
structure, drive or parking area by the City without,
copformity or evidence of intent to comply to theprovisions
of this section:
(A) except when a structure and its lot which doe's,
not conform to these provisions is damaged by
fire, explosion, act of God or the public enemy;
Ordipance No.
Page 3
(8) except when conformity to these provisions
would constitute an imminent threat to the
public health, safety and general welfare
in the determination of the City Engineer;
and
(C) except when alterations to the interior of a
structure or alterations to the exterior of
the principal structure which are not in
excess Of ten. (10.) percent of the val'u'e of the
principal structure.
8.10.40.5 APPLICABILITY. The provisions of this section shall apply
to the development or redevelopment of structures, drives
or parking areas within the jurisdication,of the City of
Iowa City.
8.10.40.4 i05FlNIT10NS.
(A) TREE. A tree is, a live self-supporting green plant
with a trunk diameter a minimum Of three (3) centimeters
(1.2 inches) measured one dial£ (.S) meter (1.64 feet);
above the—base of the trunk,
(8) All other terms used herein requiring definitions
are defined in the Zoning Qrdiriance (Section 8.IQ.3),
8,10,40,7 GENERAL PROVISIONS. The provisions of this section shall
apply to any structure, drive or parking area, and shall
supplement the tree planting requirements of Chapter 3.38;
Forestry, of the Iowa City Code.
8,10.40.8 PR$SERVATION OF, TREES AND LANDSCAPE, Mo 'person steal ed a permit
l do ally
cutting of,healthy tr es without first having
obtaifrom the City Forester or a building permit except,
(A) for the cutting of trees on indi:viddal single
family lots in a platted subdivision;
(8) for agricultural and fore$try uses;
(C) for utility maintenance; and �� the
(p) for the cutting, of trees deemed.nec4ssary Y
city Engineer to protect the pulgic heal-th, safety
and welfare
so that existing live trees may be used 'to satisfy the
quantitative requirements of these provis blis, even though
they may not meet the spacing or location requirements of
these provisions..
8,10.40.9 SITE PLAN. A site plan shall be required for a building permit
for the development or redevelopment of structures on all
property except single family lots. Site plans shall be filed
in duplicate and shall contain the following information,:
Ordinance No,
Page 4
(A) Northarr
oand scale,
(8) outlines off existing (
trees g Propert
land s' POgraPhY, drivewai Y lines, tiuilai
P° features Ys, Parkin Pgs,
to the property; and public s g areas,
(C) outlines of- treetg adja�en�
trees proposed property lines
landscatoPography driveways buiIdings�
pe futures and ' Parking areas,
(D to the fpropertY, and Public streets adjacent
list Proposed
ro °
either P Sed tree plantih
conifer (evergreen 8s by size
leaves in winter), ) Or ileciduo'us and order,
8.10.40.10 S1T, Closes
8.10.40.11
—_ h PLANt..EIV PROCEDURE
City with a site plan The developer
Cil
ity Pt andreUiew the sitep011 planeceipt withinoFpthewsite PlanPiresethe recei t a
one.
or the findnonco cin s l fillet sa °lplan is .1e (l)t fy eek °f p r
for either the site notif
mpliance is jud ed i deve)o e
intent of this the tree Alantin bed deficient
alternatives which section the g re u`
soction o. meet City maY either
2 maYre' the inl:eht and requixement5: ofgts't
for rejection, Jocttlie site
revised The developer thehaa noting the. his
Plan r maY eithe reasons
or appeal p prepare an alternative ' r accept the
site the administrative d'ee!isiiinplan
Plan found in conformance drop liis. application
of this section with the Upon reuyew of a
din , the y shall Provisior;S
buil g permit and retain a aPProve'said and intent
TREES IVITHIN C6 of the 1?lan, issue a
ALONG approved
AND Plan.
aloVisionY'shall 'IC RIGHTS-
aloiig
Public rightsgofawayth P .R'ting to _eQ he. following
wthilt .and
(A) Placement of Trees Ivitliin a
Trees may be planted anti Along
the Following within Public Rights; of=
(1) that
the
conditions are met.'
rights -way Provided
o be
(2) that hem-1e—�nt A. pPlaii as lAtitedis listed in the
Tree Pla'
tree0""2-
local m3ni>numswgeet
meter (3,28 tree;
street or drive;) from the Curti °n° (l)
(3) that line of a
a tree within public rigfits_of-
located within ten (10) mi>fig
the - ersectign (32.8way is not
streets of the rights -of_ feet) of
of the °r within ten "(10),meters
intersection of way °f Public
of commercial the curb ' (32,8 feet)
with a industryal line of driveways
public street; or t at1.iStytutional provorties
and outside Public ri 1,s� trees
witlein a Irian °X -way arealong a street
me't'ers (32 8 Fae�ar area ui.1 1 two (2 not located
rights-of-wa' ) measured alom ) sides ten (l0)
Y rpm the point, of f tersectioing Street
0 f*
Qrdinance No.
Page 5
(4) that trees to be planted in the rights-of-way of
streets are in conformity with the Iowa City Tree
Planting Plan and a tree planting permit has been
received from. the City;
(5) that trees planted wi.thin.the right-of-way are
spaced so as to be no closer than five (S) meters
(16,4 feet) to another tree within the ri.ght-o£-way,
except along arterial and collector streets where
buffering. from noise is: appropriate in which case
trees may be located so as to ,provide a continuous
buffer spaced so as to be mo. closer than two (2)
meters (6,56 feet) to another tree within the
right-of-way;
(6) that no tree be planted in the area between the sidewalk
and curb that is less than two and. one' -half (k.5) meters
(8,2 feet) in width; and
(7) that trees are placed after determining locatign e
utilities, so as to avoid interference with uti7;itis.
(B) Required, Tree planting Within and kjong, Public Rights -of -
Way, ,Street trees shall be planted in.the public rights-
of-way directly in front of and adjacent to propert)(, or
along public rights-of-way within the front yard area of
property; being developed or redeveloped by the owner of
the property.; except for property being developed oo ert
redevelgped with residential e
ential building coverag_ pr . P y
less than two hundred (2QO) square meters (2,152 square
feet)„ tit a minimum ratio of one (I) tree for every ten (IQ)
meters (32,8,feet) of lot' frontage on a public right-of-way;
so as to provide a regular spading of ,trees along the
streets to minimize the adverse impacts of the street,
8.10.40..12 TREES ON PRIVATE,PROpERTy.. The folkowiiig provisions shall
regulate the planting of trees on private property wit
the
the City.
(A) Required Tree Planting for Res'iden'tial 04es being leshall d
be planted on residential prgperty,
or redeveloped by the owner of the property at a minimum
ratio of one (1) tree for every fifty.(5o) square meters
(538 square feet) of'buildinf c V'erage of the property or
part thereof in excess of two hundr,4 (200) square meter$
(2,152 square feet) of building cgv,erage of the pri>perty;
so as to provide the beneficial aspects of the trees to the
buiiding site,; with these plantings being in addition to the
plantings Which may havebeen placed on private prpperty-to
satisfy the street tree requirements of Section 8. 10, 40.11(L}).
(B) Required Tree Planting for Parting Lots. Trees appropriate
for planting along streets, a5 listed, in the Iowa City Tree
plant ing.Plan, shall be iplantod in appropriate landscaped
aisles,and islands Within parks ng lots by the owner of the
property with any development or ;redevelopment of Istruct#e5,
drives or parfang areas subj,eot to the following r,equire>nents;
Ordinance No.
Page 6 'r
(1) Parking areas Shall be separated from street
rights-of-way, drivers, buildings or� needed
for safe traffic movement, by landscape aisles
or islands a minimum of .three (3) meters 84
feet) in width. (See illustration.)
PRIVATE DRIVE
(2) The interior of parking areas shall be broken b
landscaped islands a minimum of three (3) meters
(9.0.4 feet) in width, for the purpose of temperature,
runoff, pollution, traffic and glare control. :['hese
islands shall be provided so that no more than Dine,
(9) parking ,spaces are in a continuous row, (See
illustrati6n,)
fl1LLL(t11111J
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Ordinance No.
page 7 sed island type
In instances where angle parking 1 u ' '
(3)
B, may be substituted for island type A� See
illustration.) Q
10 M.
minimum
)t•3M+I
JM -3M -A minimum
minimum
Trees shall be planted in the landscaped aisles and
(4) one (1) tree for each fifteen
161 square feet) of landscaped
islands in, the rrs o1 B, Section
(15) square meters ( for island type tree for
aisle or island, except
re One
,,10,40.1263 which shall requivare)feet) of
each seven (7) square meters (75 sq
lreas'used for meetang these
landscaped island.
(5) Space in parking counted, as contributing to
requirements shall lie sl
with
required number df parkiT�., be met
the req of this section may drives and
(6) So that the intent existing structures,
the redevelopment of uirements for the.
islands may be
parking areas, the locational tan
ed aisle's and wired areas for
placement of he pooling o:£ the reg, planting
of the
satisfied by
landscaped aisles and islands and the p t an inno
accept
required,numbea d ZonIngsColmnission ma
requirethe
(7) The plantting, 0sig lieu of 3 and ,
n in ' } if
vati.va parking area S .10 40.12 1, 2, area
Section. ive parking
requirements of the innavat or these
in their .dete hen tlO' of i}nd necessity f10.A1)•3
design meets in 6 10,40.,2 and $•
provisions established
Ordinance No.
Page 8
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8.10.40,13 MAINTENANCE. It shall be the responsibility of the proper
owner to maintain and replace if necessary trees required by
these provisions for a period of one (1) year after thei;'
planting; and thereafter exercise reasonable care of the
trees planted on private property so that the intent of
these provisions may be attained.
8,10.40.14 ENPOROEMENT. The acceptance of the site plan and the issu;inee
of a building permit for the development or redevelopment Of
property by the 'City constitutes an agreement between the
property owner and the City for the property owner to provide
the required improvements as part of development or redevelop,
ment of the property so that the intent of this section is,,
met, unless the property owner abandons the proposal. Upon
application fora Certificate of Occupancy the owner of thy:
property must show either compliance with the provisions, of
this section or must show intent to comply at the next planting
season, to the satisfaction of the -City; such as a paid repeipt
for the delivery of the required number of trees during this,
next planting season. If after a reasonable period of time the
owner does not perform the necessary site improvemepts, the
City shall notify the property owner by certified mail of
failure to comply with these provisions, citing the variations.
If the owner does not respond within thirty (30) days of such
notice, showing intent to comply, the City shall cause the
necessary improvements indicated in the approved site plan to
be made and assess a lien for the cost of these improvements
against said property. This lien shall be -initiated by tite
adoption of a resolution by the City and the City Clerk
certifying the amount of the lien and filing the same with the
Johnson County Auditor. Said lien shall attach to the property -
which was served upon certification by the City Council. Thi$
lien shall be assessed against the property to the extent of
the balance due the City for the site improvements necessary to
comply to the approved site plan and costs incurred i:i peffecting
said lien. Said lien shall be enforced until payment of the
claim and upon satisfaction of the lien by payment of the claim.
The City shall acknowledge satisfaction thereof and file a
release with the Johnson County,Auditor.
8.10.40.15 PENALTY. Any person, firm, association or corporation which
violates, disobeys, fails, neglects or refuses to comply with
provisions of this section shall be regarded as unlawful; and
upon conviction, guilty of a misdemeanor for each day of
noncompliance, with each day of noncompliance constituting,
a separate offense.
8.10.40.16 APPEAL. Any person aggrieved of the requi,rements..of .this
section or an administrative interiretation of this section
may appeal to the Zoning Board of Adjustments, subject to
the procedures of the Board of Adjustment,
Ordinance No.
Page 9
8.10,40.17 SEVERABILITY. The declaration of the invalidity of any
part of this section shall not impair the validity of any
part of the rest of this section;.;
SECTION L11. REPEALER. All other Ordinances or parts of Ordinances
nces in
conflict with the provisions•of this Ordinance are hereby repealed,
SECTION SAVINGS CLAUSE. If any section, provision, or part of this;
Ordinance�shall be adjudged invalid or uncgnstitutional, such adjudication
shall not affect the validity of the Ordinance as a whgleior any section,
provision; or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after
its final passage, approval and publication as provided by law,
It was moved by
and seconded, by
that the Ordinance as read be adopted,
and upon toll call there were:
AYES: NAYS: ABSENT:
Balmer
deProsse
Poster
Neuhauser
Perre:t
T_ Selzer
Vevera
Passed. and approved this day of
1976.
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/�uGF '� ruYOR
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ATTEST:
City Glerk