HomeMy WebLinkAbout1979-08-28 OrdinanceORDINANCE NO. 79-2964
AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF
ORDINANCES OF IOWA CITY, IOWA, BY DELETING SECTION
8.10.3A.60; ADDING NEW SECTIONS 8.10.3A.2a,
8.10.3A.22a, 8.10.3A,51a, 8.10.3A.60, 8.10.3A.72a,
AND 8.10.3A.72b; DELETING SECTIONS 8.10.40.4
THROUGH 8.10.40.16 OF THE TREE REGULATIONS; AND
SUBSTITUTING IN LIEU THEREOF SECTIONS 8.10.40.4
THROUGH 8.10.40.9.
SECTION I. PURPOSE. The purpose of this ordinance
is to amen t e o e of Ordinances by establishing
requirements for the planting and preservation of
trees and to provide for the enforcement thereof.
SECTION II. AMENDMENT.
A. Section 8.10.3A of Appendix A is hereby
amended by adding the following sections:
2a. AISLE. An asphalt, concrete or similar
permanent dust -free surface which is
connected directly to a parking space(s)
and designed to permit ingress or egress
of a vehicle to or from the parking
space. (In no case can an aisle be a
drive - see definition for "drive".)
22a. DRIVE, DRIVEWAY. An asphalt, concrete or
similar permanent dust -free surface
designed to provide vehicular access to a
parking area which is composed of more
than four (4) parking spaces and an
aisle(s) and which shall be at least 10
feet wide. (In no case can a drive be an
aisle - see definition for "aisle".)
51a. LOT LINE, FRONT. The lot line separating
the lot from the street. In the case of a
corner lot, the shortest street dimension
shall be considered the front lot line
except that if the street dimensions are
within the ratio of from 3:2 to 3:3, then
the front lot line may be along either
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street.
51b. LOT LINE, REAR. The lot line opposite
and most distant from the front lot line.
In the case of an irregular or
triangular-shaped lot, it shall be an
imaginary line parallel to and farthest
from the front lot line, not less than 10
feet long and within the lot.
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72a. TREE. A live self-supporting perennial
woody plant with a single or multiple
self-supporting trunk(s) (the size of a
tree to be planted at initial installa-
tion is indicated in "The List of Recom-
mended Trees for Iowa City.")
72b. TREE ISLAND. An unpaved pervious area
intended for the placement of a tree.
Section 8.10.3A.60 of Appendix A is hereby
amended to read as follows:
60. PARKING SPACE. An asphalt, concrete or
similar permanent dust -free surface
intended for off-street vehicular
parking and which shall be at least nine
(9) feet wide and 20 feet long (except as
otherwise provided). Parking spaces
shall be designed to permit ingress and
egress of the vehicle without moving any
other vehicle parked adjacent to the
parking space. (In all cases a parking
space shall be connected to an aisle.)
For single family and two-family dwell-
ings, when located pursuant to the
requirements of this Chapter, one space
may be behind another.
Section 8.10.40.4 of Appendix A hereby amended
to read as follows:
(8.10.40.4) GENERAL APPLICABILITY. No build-
ing permit or cern icate o occupancy shall
be issued for the construction, reconstruction
or structural alteration of a building on a
lot without conformity with the provisions of
this section. However, individual lots
occupied by single family dwellings shall be
exempt from the requirements of this section.
The distances required herein for the location
of a tree shall mean the distance to the
center of the tree and where fractional
numbers of trees result, the number of trees
required shall be rounded to the closest whole
number. The varieties and sizes at initial
installation of trees permitted by this
ordinance for the use indicated, are specified
in the "List of Recommended Trees for Iowa
City" attached as a supplement to this
section. Evergreen trees, used for screening
purposes in accordance with the provisions of
Section 8.10.18.A SCREENING, may be used to
satisfy the requirements of this section
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provided they are of a variety suitable for
screening purposes, as listed in the attached
supplement, and are allowed to grow to their
mature height.
D. Section 8.10.40.5 of Appendix A is hereby
amended to read as follows:
(8.10.40.5) SITE PLAN. When provisions of
this section are appT cable, a site ("plot")
plan shall be submitted with the request for a
building permit and shall, in addition to the
information normally required, include:
(A) the size and location of existing and
proposed driveways and parking areas on
the lot and public streets and alleys
abutting the lot;
(8) the size and location of required tree
islands; and
(C) the mature height (small or large),
location and type (evergreen or decid-
uous) of existing and proposed tree
plantings.
E. Section 8.10.40.6 of Appendix A is hereby
amended to read as follows:
(8.10.40.6) TREES ADJACENT TO AND WITHIN
STREET RIGHTS-_ F-_WAV-iFe Mo low ng pro-
ves ns s a regu ate the planting of trees
adjacent to and within street rights-of-way.
(A) Applicability
(1) Whenever there is a change in an
existing use, the requirements of
this subsection shall be applicable
to the entire lot or separate tract.
(2) Whenever a building is constructed,
reconstructed or structurally
altered by one or more additions,
the total of which increases the
floor area by more than 10 percent,
the requirements of this subsection
shall be applicable to the entire
lot or separate tract.
(3) If any provision of this section
would preclude the planting of one
or more trees adjacent to the right-
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of -way, the trees unable to be
planted adjacent to the right-of-
way shall be planted within the
right-of-way according to the
provisions of paragraph (C).
However, trees excluded by the
provisions of paragraph (C) may be
omitted.
(B) Required Tree Planting Adjacent to Street
Rights -of -Way. Trees shall be planted
adjacent to street rights-of-way and meet
the following conditions:
(1) The species to be planted shall be
listed in the "List of Recommended
Trees for Iowa City" as street trees
or permitted by the City Forester.
(2) Large and medium size trees shall be
( planted at a minimum ratio of one
(1) tree for every 40 feet of lot
frontage or for small size trees,
( every 30 feet of lot frontage. In
the case of a corner lot, only one
(1) tree for every 60 feet of lot
frontage shall be required.
(3)
Trees shall be planted adjacent to
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street rights-of-way within eight
(8) feet of the right-of-way line
but not closer than four (4) feet to
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a public sidewalk or the anticipated
location of a future sidewalk where
one does not now exist.
(4)
Small size trees may be located to
within eight (8) feet of a building;
however, large and medium size trees
shall not be located closer than 16
feet to a building.
Ij (5)
Large and medium size trees shall be
i.
spaced no closer than 40 feet apart
for
for small size trees, no closer
than 16 feet apart, except along
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streets where screening is
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appropriate or required. In the
latter case, trees shall be planted
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in accordance with the provisions of
section 8.10.18.A, SCREENING and be
of a variety suitable for screening
purposes as designated in the "List
of Recommended �
mmended Trees for Iowa City.
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(6) Trees shall be located within tree
islands and separated from parking
areas pursuant to the requirements
of paragraph 8.10.40.7(C), Required
Tree Planting for Parking Areas.
(7) Trees shall not be located within a
triangular area at street intersec-
tions, two (2) of its sides 30 feet
in length and measured along the
right-of-way lines from the point of
intersection.
(8) Trees shall be placed to avoid
interference with the construction,
maintenance and operation of public
and private utilities above or below
ground as determined by the utility
companies and the City Engineer.
(C) Placement of Trees Within Public Rights -
of -Way. Trees planted within public
rights-of-way shall meet the following
conditions.
(1) A tree planting permit shall be
obtained from the City Forester.
(2) The species to be planted shall be
listed in the "List of Recommended
Trees for Iowa City" as street trees
or permitted by the City Forester.
(3) Trees shall not be located within
four (4) feet of a public sidewalk
or the anticipated location of a
future sidewalk where one does not
now exist.
(4) Trees shall not be located within
five (5) feet of the curb.
(5) At street intersections, trees
shall not be located within 70 feet
of the intersection of curb lines
along arterial streets, 50 feet
along collector streets, or within
30 feet of the intersection of curb
lines along residential streets.
(6) 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
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within 10 feet of the drive, aisle
or the right-of-way line of the
alley.
(7) Large and medium size trees shall be
spaced no closer than 40 feet apart
or located closer than 16 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.
(8) Trees shall be placed to avoid
interference with the construction,
maintenance and operation of public
and private utilities above or below
ground as determined by the utility
companies and the City Engineer.
F. Section 8.10.40.7 of Appendix A is hereby
amended to read as follows:
(8.10.40.8) TREES ON PRIVATE PROPERTYFOR
RESIDENTIAL -033 Mb -pATM0 — The,
onTTow g— provisions s a regulate the
planting of trees on private property for
residential uses and parking areas.
(A) Applicability
(1) Whenever the total number of parking
spaces required or provided for a
use exceeds 18 parking spaces, the
requirements of paragraph (C) shall
be applicable. This paragraph shall
also apply in the following
instances:
(a) If the number of parking spaces
in an existing parking area is
increased to exceed an area
which accommodates 18, nine
(9) by 20 foot parking spaces,
the parking area in excess
shall comply with the
requirements of this para-
graph.
(b) If an existing parking area,
which exceeds 18 parking
spaces, is increased in area,
the additional parking area
shall comply with the require-
ments of this paragraph.
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(c) If an existing parking area
does not consist of a permanent
dust -free surface and is
required to be surfaced or
altered in any way, the
provisions of this paragraph
shall apply as if the parking
area had not previously
existed.
(2) Whenever a residential building is
constructed, reconstructed or
structurally altered by one or more
additions, the total of which
increases the floor area by more
than 10 percent, the requirements of
paragraph (B) shall be applicable to
the entire lot or separate tract.
(3) Property in the CB zone shall be
exempt from the requirements of
paragraph (B).
(4) Parking ramps, covered parking
areas and parking areas that are an
integral part of a building shall be
exempt from the requirements of this
subsection.
(B) Required Tree Planting for Residential
Uses. Trees shall be planted on a lot
with a residential use and meet the
following conditions:
(1) The species to be planted shall be
listed in the "List of Recommended
Trees for Iowa City" or permitted by
the City Forester.
(2) Trees shall be planted at the
minimum ratio of one (1) tree for
every 550 square feet of total
building coverage of the lot.
(Where residential uses are com-
bined with 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.) These trees
shall be in addition to the trees
required to satisfy the require-
ments of paragraph 8.10.40.6(B) and
paragraph (C) below.
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(3) Trees shall not be located within
four (4) feet of a public sidewalk
or within three (3) feet of a street
right-of-way line where a public
sidewalk does not exist.
(4) Trees shall not be located within a
triangular area at street inter-
sections, two (2) of its sides 30
feet in length and measured along
the right-of-way lines from the
Point of intersection.
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(C) Required Tree Planting for Parking Areas.
Trees and tree islands shall be provided
within and abutting the perimeter of the
parking area(s) and meet the following
conditions:
(1) The species to be planted shall be
listed in the "List of Recommended
Trees for Iowa City" as appropriate
for parking areas or permitted by
the City Forester.
(2) Tree islands shall be located so
every parking space or portion
thereof is not more than 40 feet
from a small size tree within a tree
island or 60 feet from a medium or
large size tree within a tree
island.,
(3) Tree islands shall be located as to
separate parking spaces from drives
and alleys as in the illustration
below.
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PRIVATE DRIVE
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79-2964
(4) Each tree island shall not be less
than 170 square feet in area for
trees allowed in small islands (the
length of the tree island shall not
exceed 20 feet) and shall be not
less than 350 square feet in area
for trees not allowed in smaller
islands as indicated in the "List of
Recommended Trees for Iowa City."
(5) Tree islands shall be separated from
parking spaces, drives, and alleys
by an unmountable curb or a barrier
a minimum of five (5) inches in
height. The curb or barrier shall
be constructed in such a manner that
salt water runoff will not damage
the tree.
(6) Trees allowed in small tree islands
shall be planted within required
tree islands at the ratio of one
tree for each 170 square feet of
tree island area. Large or medium
size trees not allowed in smaller
islands shall be planted within
required tree islands at the ratio
of one tree for each 350 square feet
of tree island area.
(7) Trees allowed in small tree islands
shall be located a minimum of four
and a half (A) feet from the edge
of a tree island and trees allowed
only in large tree islands shall be
located a minimum of nine (9) feet
from the edge of a tree island.
(8) Trees shall not be located within
four (4) feet of a public sidewalk
or within three (3) feet of a street
right-of-way line where a public
j sidewalk does not exist.
` G. Section 8.10.40.8 of Appendix A is hereby
f amended to read as follows:
(8.10.40.8) INSTALLATION. All tree plantings
t required by t isTi s'—action shall be installed
prior to occupancy or commencement of a use.
If the plantings cannot be installed prior to
occupancy or commencement of a use, the
Building Inspector may grant a delay to the
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seasonal calendar dates of June 1 or November
1, whichever occurs first.
H. Section 8.10.40.9 of Appendix A is hereby
amended to read as follows:
(8.10.40.9) MAINTENANCE. It shall be the
responsibility T the owner of a lot to
maintain and replace, if necessary, trees
required by these provisions after their
planting.
SECTION III. REPEALER. Section 8.10.3A.60,
t rou_ .40.16 of Appendix A of the
Code of Ordinances and all other Ordinances or
parts of Ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION IV. SAVINGS CLAUSE. If any section,
provision, or part o t is Ordinance shall be
adjudged invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordin-
ance as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall
ecome a ective a ter its final passage, approval
and publication as provided by law.
Passed and approved this 28th day of August
1979. '
R BERT A. V VERA, MAYOR
ATTEST:
ABBIE STOLF S, CITY ERK
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•2964
Balmer and
eu auser t at the
)ted, and upon -r-o-call there
ABSENT:
Balmer
deProsse
Erdahl
Neuhauser
Perret
Roberts
Vevera
First consideration 7/31/79
Vote for passage: yes: Neuhauser, Perret, Roberts,
Vevera, Balmer, Erdahl. Nays: none. Absent: deProsse.
Second consideration 8/14/79
Vote for passage:yews: ed�rosse, Erdahl, Perret,
Roberts, Balmer. Nays: none. Absent: Neuhauser,
Vevera.
Date of publication September 5, 1979
MICROFILMED BY
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CEDAR RAPIDS -DES Ff01NES
RECEDED 6 APPROVED
DX .THE I,E04L DEP ID±NT
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ORDINANCE NO. 79-2965
AN ORDINANCE AUTHORIZING 791E
ADOPTION OF THE FINAL PLAN FOR
PLANNED AREA DEVELOPMENT AND
LARGE SCALE RESIDENTIAL DEVELOP-
MENT FOR TY'N CAE PART 1 AND 2,
AS AMENDED.
BE IT ENACTED BY THE CITY COUNCIL OF
IOWA CITY, IOWA:
SECTION I PURPOSE: The purpose of this
ordinance is to authorize an amendment
to the final plan for the Planned Area
Development and Large Scale Residential
Development for Ty'n Cae Part 1 and 2
which was adopted by ordinance No.
77-2870 on November 22, 1977.
SECTION II APPROVAL: The final plan
for the Planned Area Development and
Large Scale Residential Development for
Ty'n Cae Part 1 and 2 as revised is
hereby approved.
SECTION III BUILDING PERMITS: The
j Building Inspector is hereby authorized
and directed to issue all building and
construction permits for said area on
the basis of conformance with said plan.
SECTION IV FILING: The City Clerk of
Iowa City is hereby authorized and
directed to file with the Office of the
County Recorder, Johnson County, Iowa,
a copy of this Ordinance after its final
passage, approval and publication as
provided by law.
SECTION V EFFECTIVE DATE: This Ordinance
shall be in effect after its final
passage, approval and publication as
required by law.
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Passed and approved this 28th day of
August 1979.
i
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ATTEST:
CITY CLERK
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
AY TEP' L?'.;.''J Ili L'', VNT
Ordinance No. 79-2965
Page 2
It was moved by Balmer and seconded by
Neuhauser that the Ordinance be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
x_ Roberts
x Vevera
1st consideration:
Moved by Balmer, seconded by Neuhauser, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first and second consideration
and vote be waived, and the ordinance be voted upon for final
passage at this time. Ayes: Roberts, Vevera, Balmer, deProsse,
Erdahl, Neuhauser, Perret. Nays: none.
Date of publication September 6, 1979
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CEDAR RAPIDS -DES STORIES
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ORDINANCE NO. 79-2966
ORDINANCE AMENDING SECTION 8.10.3A AND SECTION
8.10.26 B.2 OF APPENDIX A OF THE CODE OF ORDINANCES
BY REGULATING THE LOCATION OF ACCESSORY BUILDINGS
IN IOWA CITY.
Be it enacted by the City Council of Iowa City, Iowa
SECTION I. PURPOSE. Purpose of this ordinance is
to regulate the location of accessory buildings in
Iowa City.
SECTION II. AMENDMENT.
A. Section 8.10.3A of the Code of Ordinances of
Iowa City is hereby amended and reads as
follows:
49a. LOT -CORNER, REVERSED. A reversed corner
lot is a corner lot, the rear of which abuts
the side of another lot.
B. Section 8.10.26 B.2 of the Code of Ordinances
of Iowa City is hereby amended and reads as
follows:
An unattached accessory building shall not be
located in the front yard, closer than six (6)
feet to the main building, or closer than five
(5) feet to the side or rear lot line. An
unattached accessory building, however, may be
located within three (3) feet of a side or
rear lot line if it is located at least 60 feet
from the street, except that an accessory
building shall not be located closer than five
(5) feet from the rear lot line of a reversed
corner lot.
SECTIONIII. REPEALER. All ordinances and parts
of ordinances .in conflict with the provision of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provi-
sion or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such ajudication
shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
Publication as required by law.
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Passed and approved this 28th day of August, 1979.
MICROFILMED BY
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Ord. No. 79-2966,
Page 2
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ATTEST: e
CITY CLERK
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES FIOIMES
RECEIM S 1PPAOTO
BY THE LEGAL; DEPARTIOT
Ordinance No. 79-2966
Page 3
It was Droved by Balmer and seconded by
Neuhauser that the Ordinance be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
j x Roberts
x Vevera
1st consideration:
Moved by Balmer, seconded by Neuhauser, that the rule
requiring ordinances to be considered and voted on for
passage at two Council meetings prior to the meeting
at which -it is to be finally passed be suspended, the
first and second consideration and vote be waived,
and the ordinance be voted upon for final passage at this
time. Ayes: Balmer, deProsse, Erdahl, Neuhauser, Perret,
Roberts, Vevera. Nays: none.
Date of publication September 5, 1979
MICROFILMED BY
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CEDAR RAPIDS -DES MOIIIES
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