HomeMy WebLinkAbout2005-12-15 Ordinance
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Prepared by: Mitchel T. Behr, Ass!. City Attomey, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 05-4186 AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE" BY:
REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14 ZONING
CODE, AMENDING PORTIONS OF CHAPTERS 1, 5 AND 7, RENUMBERING CHAPTERS 1, 2, 3, 5, 7, 8,
10 AND 11, AND REPEALING CHAPTER 12.
WHEREAS, the Comprehensive Plan provides a vision for future development of Iowa City's
neighborhoods, commercial and industrial districts and public spaces; and
WHEREAS, the Plan envisions healthy neighborhoods providing an array of housing options for the
city's diverse population, preservation of historic neighborhoods and landmarks, attractive and vibrant
commercial districts, economically sound industrial districts, preservation of environmental assets and
accessible trails, parks and open space; and
WHEREAS, the Zoning Code adopted in 1983 does not contain the tools necessary to implement the
vision of the Comprehensive Plan; and
WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning
Commission has recommended approval of a new Zoning Code based on the Comprehensive Plan; and
WHEREAS, the City Council wishes to update the Zoning Code to implement the Comprehensive
Plan; and
WHEREAS, it is necessary to amend other chapters of the Code to be consistent with the proposed
Zoning Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. By repealing Title 14, "Unified Development Code," Chapter 4, Land Control and Development,"
Chapter 6, "Zoning," and Chapter 9, "Development Fees," and substituting in lieu thereof the "TITLE 14,
ZONING CODE" attached hereto and incorporated herein by this reference.
B. By renumbering Title 14, Chapter 8, "Airport Zoning," to Title 14, Chapter 6 within the "TITLE 14,
ZONING CODE" attached hereto.
C. By renumbering and renaming Title 14, Chapter 7, "Land Subdivision" and amending it as
follows:
1. Section 14-70-2 is deleted in its entirety and substituted in lieu thereof is the following: "As a
condition of approval for residential subdivisions, commercial subdivisions containing residential uses, and
planned developments, the applicant shall dedicate land, pay a fee in lieu of land, or a combination thereof,
for park, greenway, recreational and open space purposes, as determined by the City and in accordance with
the provisions of Article 14-5K, Neighborhood Open Space Requirements.
2. Sections 14-70-3, 14-7D- 4, 14-70-5 and 14-7D-6 are deleted in their entirety.
D. By renumbering Title 14, Chapter 1, "Streets, Sidewalks and Public Right of Way" and amending
it as follows:
1. Section 14-1A-7 is deleted in its entirety and substituted in lieu thereof is the following: "No
person shall construct or cause to be constructed any encroachment into or over the public right of way,
except as specifically allowed by City Code. For any such encroachment into or over the public right of
way that is specifically allowed by City Code, including signs, buildings, and other structures, a Use of
Public Right-Of-Way Agreement must be signed by the property owner and approved by the City as a part
of the approval process."
2. Section 14-1 B is deleted in its entirety and substituted in lieu thereof is the following:
Before any person shall cut any curb on any street in the City, the person shall first obtain an Access
Permit from the Department of Public Works, which permit shall be issued only on condition that the curb
cutting be done in accordance with the provisions of Article 14-5C of the City Code, Access Management
Standards.
3. Section 14-1C-2 is deleted in its entirety and substituted in lieu thereof is the following:
Sidewalks must be located within the public right-of-way so that the line of the inner edge of the sidewalk
is one foot from the property line. In cases where there is practical difficulty meeting this location standard,
the City Engineer may modify the location of a sidewalk.
Ordinance No. 0,-41 RIi
Page 2
4. Section 14-1 C-3A is deleted in its entirety and substituted in lieu thereof is the following:
Sidewalks must be constructed, reconstructed and repaired in accordance with the Iowa City Municipal
Design Standards, as amended.
5. Section 14-1C-3C is deleted in its entirety and substituted in lieu thereof is the following:
The City Engineer may order the repair, replacement, or reconstruction of a public sidewalk upon written
notice and as provided by State Law. Such order and written notice shall constitute issuance of a permit
as required in subsection B, above.
6. Section 14-1 E-1 is deleted in its entirety.
7. Section 14-1 E-2 is renumbered to 14-1E-1 and amended by deletion of the definitions for
"Sign" and "Signs in Public Places" and substitution in lieu thereof the following definitions: "SIGN: As
defined in Article 14-9C, Sign Definitions" and "PUBLIC PLACE: Any public street, way, place, alley,
sidewalk, park, square, plaza and City-owned right of way or any other public property owned or controlled
by the City and dedicated for public use."
B. Section 14-1E-3 is deleted in its entirety and substituted in lieu thereof as section 14-1E-2
is the following: "RESTRICTIONS: No privately-owned signs shall be placed on or over a public place,
except as provided for in Section 14-56-10 of the City Code."
9. Section 14-1 E-4 is deleted in its entirety.
E. By renumbering Title 14, Chapter 2, "Public Utilities and City Right of Way."
F. By renumbering Title 14, Chapter 3, "City Utilities."
G. By renumbering Title 14, Chapter 10, "Standards For Public Works Improvement Projects."
H. By renumbering Title 14, Chapter 11, "Penalties."
I. By deleting Title 14, Chapter 12, in its entirety.
J. By renumbering Title 14, Chapter 5, "Building and Housing" and amending it as follows:
1. Section 14-5H is deleted in its entirety, and substituted in lieu thereof is the "SITE PLAN
REVIEW" attached hereto and incorporated herein by this reference.
SECTION II. ZONING MAP. Upon final passage, approval and publication of this Ordinance, as provided
by law, because this ordinance renames "ResidentiaVOffice Zone (RIO)" to "Mixed Use Zone (MU)",
"Neighborhood Conservation Residential Zone (RNC-12)" to "Neighborhood Stabilization Residential Zone
(RNS-12)", "Neighborhood Conservation Residential Zone (RNC-20)" to "Neighborhood Stabilization
Residential Zone (RN5-20)", and "Public Zone (P)" to "Neighborhood Public Zone (P-1)" and "Institutional
Public Zone (P-2)," the Building Official is hereby authorized and directed to change references on the zoning
map of the City of Iowa City, Iowa, accordingly.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, 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
publi tion.
ssed day of n"("oPTn'hOT' ,20-0.5.--
Approved by
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S:ATT/ILEGAUMttch/BlZoning Code RewritelOrdinance/lZoning Code Enabling Ordinance MTB 12.7.05 CLEAN REVISED 121305
Ordinance No. 05-4186
Page ~
It was moved by Ra i 1 ey and seconded by
as read be adopted, and upon roll call there were:
Vanderhoef that the Ordinance
AYES: NAYS: ABSENT:
1<
X
X
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
1<
X
X
1<
First Consideration 12/12/05
Vote for passage: AYES: Bailey, Champion, Lehman, O'Donnell, Vanderhoef, Wilburn,
NAYS: Elliott. ABSENT: None.
Second Consideration 12/13 /05
Vote for passage: AYES: Champion, Bailey, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn. NA~S: None. ABSENT: None.
Date published 12/28/05
ZONING CODE TEXT
Final text on file in the City Clerk's office December 8, 2005.
Actual text in special meeting folder of December 15.
Electronically under "ordinance" sub folder.
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J4gtJ'il,e,f(J/{dwing Tille 18 to the City Code:
Title 18: Site Plan Review
CHAPTER 1. INTENT AND APPLICABILITY
18-1-1 Purpose
It is the purpose of this Title to establish a procedure which will enable the City to review
certain proposed improvements of property within the City in order to ensure the orderly and
harmonious development of property in a manner that will:
A. Promote the most beneficial relation between present and proposed uses of land;
B. Allow development of property commensurate with the present and foreseeable availability
and capacity of City facilities and services; The following factors shall be considered in
arriving at a conclusion concerning proposed development of property:
1. The projected population of the proposed development or the proposed intensity of
use and the effect the proposal will have on the capacity of existing water and
sanitary sewer lines to avoid overloading existing systems;
2. Zoning regulations at the time of the proposal;
3. The City's Comprehensive Plan, as amended, and other specific community plans;
4. The City's plans for future construction and provision for public facilities and services;
and
5. The existing and planned City facilities and services for the area which will be
affected by the proposed site use.
C. Ensure compliance with the City Code, as amended, including applicable zoning
regulations, approved subdivision plats, public works standards, and public safety
standards;
D. Encourage adequate provision of surface and subsurface storm water drainage in order to
assure that future development and other properties in the City will not be adversely
affected;
E. Provide screening of parking, truck loading, solid waste disposal and outdoor storage areas
from adjacent properties;
F. Provide for orderly, safe, and efficient circulation of traffic in the development and
throughout the City;
G. Minimize adverse environmental impacts on the developing property.
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18-1-2 Applicabilit
A. Site Plan Review Required
1. The standards in this Title are in addition to those required by the Uniform Building
Code, as amended, and apply to commercial, industrial, and multi-unit residential
development.
2. Site plans must be submitted, reviewed, and approved by the City according to the
provisions of this Title prior to the issuance of a building permit for any development
on any lot, tract or parcel of land as those terms are defined in Title 14, Zoning Code,
except as exempted below.
B. Exemptions
Site Plan Review is not required for the development of one single family dwelling or one
two-family dwelling or related accessory structures in any zoning district. However, such
uses and structures are not exempt from other applicable provisions of the City Code,
including requirements of the Uniform Building Code, as amended.
C. Major Site Plans
Major site plans are required for all of the following types of development:
1. Construction of over 12 units residential development and any additions or alterations
to existing development containing over 12 units residential; or
2. Over 10,000 square feet of nonresidential floor area.
D. Minor Site Plans
Minor site plans are required for all development that does not require a major site plan,
except as exempted in subsection B, Exemptions, above.
E. Sensitive Areas Development Plan
A Sensitive Areas Development Plan may be required for properties containing
environmentally sensitive features as set forth in Article 14-51 of the City Code, Sensitive
Lands and Features. The requirements and exemptions for regulated sensitive features are
set forth in Article 14-51. Levell Sensitive Areas Review shall be in accordance with the all
procedures and approval processes set forth in Chapter 2 of this Title, except for Section
18-2-2, Submittal Requirements. Submittal requirements for Levell Sensitive Areas Review
are set forth in Article 14-51, based on the type of regulated feature(s) that exist on the
subject property.
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CHAPTER 2. PROCEDURES AND SUBMITTAL
REQUIREMENTS
18-2-1 General Procedures
An application for site plan approval for all development shall be submitted to the City and shall
meet the following requirements:
A. A minimum of two copies of minor site plans and four copies of major site plans containing
all required information.
B. The required review feel as established by resolution of the City Council, shall accompany
the application for site plan approval.
C. Within twenty-four hours of submitting an application for major site plan approval, the
applicant shall post notice of intent to develop on the site. The notice to be posted will be
provided by the City and shall be posted as directed by the City.
18-2-2 Submittal Requirements
A. Minor Site Plan
Minor site plans submitted for approval must include information as specified below:
1. Date of preparation and north arrow.
2. A scale no smaller than one inch equals one hundred feet (1" = 100')
3. Legal description or street address of the property.
4. Name and address of the owner of record of the property, the applicant and the
person(s) preparing the site plan, and the name and address of the applicant's
attorney, if any.
S. Property lines with dimensions to the nearest one-tenth of a foot (1/10') and total
square footage or acreage of the site.
6. Total number and types of dwelling units proposed, proposed uses for all building,
total floor area of each building and any other information which may be necessary to
determine the number of off-street parking and loading spaces required by Title 14,
Zoning Code.
7. Location and exterior dimensions of all existing and proposed structures or additionsl
including setback distance from property boundary lines and distance between
structures. .
8. Location, grade and dimension of all existing and proposed paved surfacesl including
parking and loading areas, entrance and exit drives, pedestrian walkways, bicycle
storage areas, dividers, curbs, islands and other similar permanent improvements.
9. Location of all existing and proposed outdoor recycling, trash, solid waste, and
dumpster areas and methods of screening such areas.
10. Location and type of all existing and proposed signs. Proposed signs may require a
separate sign permit (See Article 14-58, Sign Regulations).
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11. Plans and proposed methods for the prevention and control of soil erosion for the
development.
12. A landscaping plot plan is required indicating all existing trees eight inches or larger
in diameter measured at a point six inches above the ground level. In addition, the
plot plan must distinguish the existing or proposed trees or landscaping intended to
satisfy tree requirements or screening requirements of the City Code (See 14-5A-5I,
Landscaping and Tree Requirements within Parking Areas and 14-SE, Landscaping
and Tree Standards, and any other applicable screening required according to Title
14, Zoning Code.)
13. Location of the following features of the site:
a. Streams and other water bodies, including wetlands;
b. Areas subject to flooding from a 100-year event;
14. Location, amount and type of proposed lighting, fences, walls or other screening.
15. A detailed lighting plan and photometries layout which shows the location, type,
height, and intensity of all existing and proposed exterior lighting on the property.
The photometries layout must show the foot-candles generated by all lights on the
property and provide the total outdoor light output as measured in initial lumens from
all bulbs used in outdoor light fixtures. The lighting plan and photometries layout
must comply with the standards specified in Article 14-5G, Outdoor Lighting
Standards.
16. Location and specifications for any existing or proposed aboveground or below-
ground storage facilities for any chemical, salts, flammable materials or hazardous
materials.
17. Other data and information as may be reasonably required by the Building Official.
B. Major Site Plans
Submittal information for major site plans must include all the information contained in
subsection A of this Section, plus the following additional information:
1. Existing and proposed contours at intervals not to exceed 5 feet provided at least 2
contours are shown. Contours of neighboring properties must be provided when
deemed necessary by the City.
2. When deemed necessary by the City, a complete storm water runoff plan, including
grades and/or elevations of storm sewer systems, direction of surface flow, detention
areas, outlet control structures and devices and storm water calculations (See Article
lS-3G, Storm Water Collection, Discharge, and Runoff).
3. Location and size of existing and proposed utilities, including water, sanitary sewer,
storm sewer, gas, electrical telephone, cable TV, plus all existing or proposed fire
hydrants.
4. A typical cross section of all proposed streets, alleys and parking areas showing
roadway location, type of curb and gutter, paving and sidewalks to be installed.
5. A complete traffic circulation and parking plan.
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18-2-3 Approval/Denial Process
A. The City shall review and approve, review and approve with conditions, or review and
deny all site plans submitted under this Title within 21 working days after application,
without requiring submission of the plan to the Planning and Zoning Commission.
B. Upon submisSion of a major site plan, the Building Official shall promptly convey a copy of
the major site plan to the Department of Public Works and the Department of Planning
and Community Development for their review and comments. The Departments of
Planning and Community Development, Public Works and Housing and Inspection Services
shall review the site plan to determine if the design conforms to the standards set forth in
this Article. The Departments of Planning and Community Development and Public Works
shall forward their recommendations to the Department of Housing and Inspection
Services within ten (10) working days after date of submission of a major site plan to the
City.
C. For major site plans, the Department of Housing and Inspection Services or those owners
of 20 percent or more of the property location within 200 feet of the exterior boundaries of
the proposed development site may request a review by the Planning and Zoning
Commission. The request must be in writing and must be filed with the Building Official
within 20 days of submission of the original application or within 20 days of the posting
requirements set forth in Section 18-2-1, above, whichever is later. When such a request is
received, the Planning and Zoning Commission may review and approve, review and
approve with conditions, or review and deny said plan within 20 working days of receipt of
the written request for Planning and Zoning Commission review. The Commission's scope
of review shall be the same as that of the Building Official and the Department of Housing
and Inspection Services.
D. Upon site plan approval by the Building Official or the Plan and Zoning Commission, a
building permit may be issued.
18-2-4 Effective Period of Plan Approval
The approval of any site plan shall remain valid for one year after the date of approval. The
approved site plan shall be null and void if a building permit has not been issued within one
year of the site pan approval or if actual construction has not commenced within eighteen (18)
months of the site plan approval. "Actual construction" shall mean that the permanent
placement of construction materials has started and is proceeding without undue delay.
18-2-5 Amendments to Approved Site Plans
Any approved site plan may be amended in accordance with the standards and procedures
established herein. However, the Building Official may waive such procedures and fees in the
event the Building Official determines that the proposed amendment involves only a minor
change in the approved site plan and is in compliance with the site plan review standards. For
the purposes of this Section minor changes may include, but are not limited to the following:
A. A change to move building walls within the confines of the smallest rectangle that would
have enclosed each originally approved building, to relocate building entrances or exits or
to shorten building canopies.
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B. A change to a more restrictive use, provided there is no change in the amount of off-street
parking as originally approved.
C. A change in angle of parking or a parking aisle width, provided there is no reduction in the
amount of off-street parking as originally approved.
D. A change in location of the ingress and egress drives of not more than 100 feet, provided
such change is approved by the City and is in compliance with the provisions of Article 14-
5C, Access Management Standards.
E. A substitution of plant species, provided the substituted species is similar in nature and in
screening effects and is otherwise in compliance with City Code requirements.
F. A change in type and design of lighting fixture, provided there will be no change in the
intensity of light at the property boundary and the proposed fixture is in compliance with
the applicable provisions of Article 14-6G, Outdoor Lighting Standards.
G. A change to increase peripheral yards.
H. The replacement of paved areas with landscaping, provided adequate parking facilities are
retained.
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CHAPTER 3. SITE PLAN DESIGN STANDARDS
18-3-1 Compliance Required
All site plans submitted for City approval must comply with the following design standards.
These standards are the minimum standards necessary to safeguard the public health, safety,
aesthetics and general welfare of the City and are necessary to fulfill the intent of the Zoning
Ordinance, the Comprehensive Plan as amended and other specific community plans.
18-3-2 Desi n Standards
A. Drainage
The design of the proposed development shall make adequate provision for surface and
subsurface drainage to limit the rate of increased runoff of surface water to adjacent and
downstream property so that the proposed development will not substantially and
materially increase the natural flow onto adjacent downstream property.
B. Utility Connections
The design of the proposed development shall make adequate provision for connection to
water, sanitary sewer, storm sewer, electrical and other public utility lines within the
capacity limits of those utility lines.
C. Fire Safety
The design of the proposed development shall make adequate provision for fire protection
and for building placement, acceptable location of flammable materials and other
measures to ensure fire safety.
D. Erosion and Sedimentation Control
The design of the proposed development shall comply with the standards for erosion and
sedimentation control established in the City design standards in order to protect adjoining
or surrounding property. The development plan shall consider the topography and soils of
the site to achieve the lowest potential for erosion.
E. Landscape Preservation
So far as practical, the landscape shall be preserved in its natural state by minimizing tree
and soil removal and by topographic modifications which result in maximum harmony with
adjacent areas. Structures and other site improvements shall be located in such a manner
that the maximum number of trees are preserved on the site. The development plan shall
identify existing trees to be preserved and trees to be removed and shall specify measures
to be utilized to protect trees during construction. To the extent reasonably feasible, all
wetlands shall be retained in their natural state or consistent with their functions and
values or be replaced with a wetland of equal or greater value.
F. Vehicle and Pedestrian Circulation
The design of vehicle and pedestrian circulation shall be provided for safe and convenient
flow of vehicles and movement of pedestrians and shall, to the greatest extent reasonably
possible, prevent hazards to adjacent streets or property. The City may limit entrances
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and exits upon adjacent streets in order to prevent congestion on adjacent or surrounding
streets and in order to provide for safe and orderly vehicle movement. The City may limit
street access according to the provisions of Article 14-5C, Access Management Standards.
G. Outdoor Dumpster Areas
Outdoor recycling, trash, solid waste, and dumpster areas shall be in compliance with the
City's solid waste regulations and in compliance with screening requirements contained in
Title 14, Zoning Code. (See 14-4C-2Q, Outdoor Dumpster Areas)
H. Exterior Lighting
Exterior lighting shall relate to the scale and location of the development in order to
maintain adequate security while preventing a nuisance or hardship to adjacent properties
or streets. All exterior lighting must comply with the provisions of Article 14-5G of the City
Code, Outdoor Lighting Standards.
I. Screening of Equipment
All ground level mechanical and utility equipment shall be screened from public view
according to the provisions of Title 14, Zoning Code (See 14-4C-2N, Mechanical
Structures).
J. Screening of Storage and Loading Areas
If allowed, all outdoor storage areas must be located and screened according to the
applicable base zone provisions of Title 14, Zoning Code. All outdoor storage areas and
loading/unloading service areas with delivery facilities, including bay doors or docks, which
face or are visible from residential district and the Iowa River shall be screened to a height
of no less than 6 feet and must meet all screening standards specified in Title 14, Zoning,
for outdoor storage and loading areas.
K. Parking Areas
Any parking areas or vehicle storage area designed or intended for use by more than four
(4) vehicles located adjacent to any street shall be separated and screened from such
street by a curbed, planted area as specified in Title 14, Zoning.
L. Sensitive Areas
All sensitive areas development plans must comply with the applicable provisions of Article
14-51 of the City Code, Sensitive Lands and Features.
M. Compliance with City, State, and Federal Regulations
Site plans shall comply with all applicable City, State, and Federal regulations.
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CHAPTER 4. ENFORCEMENT AND PENALTIES
18-4-1 Development Activity
No person shall undertake or carry out any activity or use, including any building demolition,
grading, clearing, cutting and filling, excavating or tree removal, for which site plan approval is
first required by this Title, nor shall such activity proceed prior to obtaining the necessary
permits, including local, County, State and Federal permits. Any violation of this provision is
subject to fines and penalties described in this Title for each day of the violation, from the day
of discovery of the incident until an approved restoration plan or an approved site plan is
granted.
18-4-2 Performance Guarantee
A. The purpose of the performance guarantee is to ensure completion of improvements
connected with a proposed use as required by this Title, including, but not limited to
roadways, lighting, utilities, sidewalks, drainage, fences, screens, wall and landscaping.
B. "Performance Guarantee" shall mean a cash deposit, certified check, or irrevocable
standby letter of credit in the amount of the estimated cost of the improvements, to be
determined by the applicant and verified by the City.
C. Upon issuance of a building permit, the City may require a performance guarantee.
D. When a performance guarantee is required, there shall also be provided a prescribed
period of time within which improvements must be completed.
E. Where a performance guarantee is not required upon issuance of a building permit and
the improvements cannot be completed prior to occupancy or commencement of a use,
the Building Official may issue a temporary certificate of occupancy and require the
applicant to deposit a performance guarantee as set forth above.
F. Upon satisfactory completion of the improvements for which the performance guarantee is
required, as determined by the City, the City shall return the performance guarantee to
the applicant.
G. In the event that the applicant defaults in making the improvements for which a
performance guarantee is required or fails to complete the improvements within the time
prescribed by the City, the City shall have the right, but not the obligation, to use the
performance guarantee deposited, together with any interest earned thereon, to complete
the improvements through contract or otherwise. This includes the specific right to enter
upon the subject property to make the improvements. If the performance guarantee is
not sufficient to allow the City to complete the improvements for which the guarantee was
posted, the applicant shall be required to pay the City the amount by which the cost of
completing the improvements exceeds the amount of the performance guarantee
deposited. Should the City use the performance guarantee or a portion thereof to
complete the required improvements, any amounts remaining after completion shall be
applied first to the City's administrative costs in completing the improvements, with any
balance remaining being refunded to the applicant. At the time the performance
guarantee is deposited, the applicant shall enter into a written agreement with the City,
which incorporates the performance guarantee requirements set forth above.
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18-4-3 Penalties
Any violation of this Title shall be considered a simple misdemeanoror municipal infraction or
environmental infraction as provided for in Title 1, Chapter 4 of the City Code.
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~r
TITLE 14:
ZONING CODE
Iowa City, Iowa
City Counci/- Final Draft printed on December 8, 2005
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HOW TO USE THIS DOCUMENT
General Layout
The Zoning Code is organized as a reference document. It is not intended to be read
from cover to cover. Instead, it is organized so you only have to look up the parts you
need. There are many ways to use this code, depending on your objectives. Two
commonly used methods are described at the end of this how-to guide, but first you
should understand the basic layout of the Code.
The Zoning Code is a part of the larger City Code. The Zoning Code is "Title 14" within
the City Code. Within this title the code is divided into chapters, articles, sections,
subsections, paragraphs, etc. The code uses an expanded numbering system so that it is
easier to find or cite speCific provisions. For example, if you see the number 14-5A-3B,
it refers to Title 14, Chapter 5, Article A, Section 3, Subsection B. However, it is the
chapters and articles that will be the most useful tools to find what you are looking for,
so these are listed in a table of contents that follows this how-to guide.
There are 9 chapters in the Zoning Code. The first chapter contains introductory
proviSions that provide the legal framework of the code. The remaining chapters are
summarized below.
Chapter 2 - Base Zones
All land within the City has a base zone designation. These designations are shown on
the official Zoning Map of the City. Chapter 2 of the Zoning Code contains the land use
regulations that pertain to each of these base zones. The base zones are grouped into
the following basic categories: Single Family Residential Zones, Multi-Family Residential
Zones, Commercial Zones, Industrial and Research Zones, Interim Development Zones,
and Public Zones. The regulations for the Single Family Residential Zones are specified
in Article A of Chapter 2; regulations for Multi-Family Residential Uses are contained in
Article B of Chapter 2, etc. Each article in Chapter 2 contains a table that lists the land
uses that are allowed in each base zone. The table also indicates whether a land use is
"permitted," allowed as a "provisional use" or allowed if granted a "special exception."
These articles also contain a table of dimensional standards, such as minimum lot
requirements, minimum setbacks, and height limitations for each base zone. Basic
standards for development of a site are also included at the end of each of these
articles.
Chapter 3 - Overlay Zones
Overlay zones consist of regulations that apply in certain areas of the city or under
certain circumstances. These regulations are applied in conjunction with the base zone
regulations. In some instances the overlay regulations will replace or modify the base
zone regulations. For example a certain tract of land may be developed as a "planned
development." In these circumstances the base zone regulations may be modified in
order to preserve environmentally sensitive features of a particular site or to create a
unique mix of land uses and neighborhood open space amenities. In areas that have
been designated historic or conservation districts additional or sometimes different
zoning rules apply. Overlay zones are indicated on the official Zoning Map along with the
base zone designations.
Chapter 4 - Use Regulations
To provide flexibility in the use of land over time and to simplify the zoning regulations,
the zoning code classifies land uses into broad categories. For example, you will not
find "florist shop" listed in the table of uses allowed in the Community Commercial (CC-
2) Zone. However, you will find "Sales-oriented Retail Uses" listed. The use
classification system employed by the Zoning Code is described in Chapter 4, Article A. If
you read the description of "Sale-Oriented Retail" in this article, you will easily be able to
tell that a florist shop is included in this broader category. Each of the use categories
listed in the base zones is described in this article. If you cannot figure out which
category a specific land use would fall into, you should refer to this article in the Code.
For difficult to classify uses, this article is especially helpful.
An important part of Chapter 4 is Article B. In the base zone "uses allowed" table, if a
land use is listed as a "provisional" or "special exception," additional requirements and
standards will apply. You must check in Chapter 4, Article B to see whether your
proposed use meets these additional standards. Article 4 also contains provisions that
act as "relief valves" for the requirements of the Zoning Code. If there is something
unique or unusual about your property that makes it difficult or impossible to meet the
requirements in the Zoning Code you may request a minor modification, special
exception, and in extreme cases, a variance.
Chapter 4 also contains regulations pertaining to accessory uses, ranging from simple
rules for fences and accessory buildings to more complex rules for establishing home
occupations and accessory apartments. The regulations for temporary uses, such as
Christmas tree sales, temporary sales of garden supplies, and outdoor festivals, are
listed in Article D of this chapter. Article E describes the system for regulating
nonconforming uses and structures. These are uses, structures, or development that
were established legally, but due to a change in the regulations or a change in the
zoning, are no longer in compliance with the current regulations. In most cases these
uses may continue, but certain restrictions apply.
Chapter 5 - Site Development Standards
The articles in Chapter 5 contain development standards that apply across many zones,
such as parking requirements, outdoor lighting standards, sign regulations, landscape
screening standards, etc. Grouping these generally applied regulations into one chapter
provides consolidated information and less repetition in the code. The regulations in this
chapter generally supplement the regulations in the base zone articles in Chapter 2.
Chapter 6 - Airport Zoning
Chapter 6 contains the standards and regulations that apply to properties that are
adjacent to the Iowa City Municipal Airport or affected by federal aviation regulations.
Ii
These regulations are applied in addition to or may supercede the regulations of the
base zone.
Chapter 7 - Administration
Chapter 7 provides information on the City's administrative framework, its development
review bodies and penalty and enforcement mechanisms. The chapter describes the
purpose, powers and duties of the Planning and Zoning Commission, the Board of
Adjustment, and the Historic Preservation Commission, all of which are charged to some
extent with the review and approval of land development applications. For example, the
Board of Adjustment is empowered to grant special exceptions, variances, and appeals.
The Planning and Zoning Commission reviews and makes recommendations regarding
applications for rezonings and amendments to the text of the Zoning Code. The Historic
Preservation Commission reviews applications for eXterior modifications proposed for
historic buildings.
Chapter 8 - Review and Approval Procedures
Chapter 8 describes the application and approval processes for the various land use
reviews and administrative permits required by the Zoning Code. For each type of
permit or review, the code lists the review body, the kinds of information and supporting
documentation that must be submitted with the application, and what the approval
process will entail.
Chapter 9 - Definitions
This chapter includes definitions of the terms used throughout the Code as well as
definitions specific to certain articles contained in the Code. For instance, Article C of
this chapter contains definitions related to the City's sign regulations.
lWO COMMONLY USED METHODS FOR USING THE ZONING CODE
Determining the zoning regulations for a specific site
To determine the zoning regulations applicable to a site, you must first find the site on
the City's most current Zoning Map. Zoning Maps are available in the Iowa City
Department of Planning and Community Development. The Zoning Map will show the
base zone that is applied to the site. It will also show if the site is subject to a planned
development overlay plan or if it is within a historic or conservation district. You must
then look in the Zoning Code for the corresponding regulations. Start with the base
zone chapter. The applicable base zone article will state whether a use is permitted,
permitted with provisions, allowed only as a special exception, or not permitted at all.
For example, if you have property that is zoned Community Commercial (CC-2), you
would look in Chapter 2, Article C, Commercial Zones. Table 2C-1 will indicate what
land uses are allowed. The base zone article will also indicate what dimensional
standards apply in the zone - the required lot size, setbacks, height limitations, lot
Iii
coverage, etc. If a use is listed as a provisional use or a special exception, check
Chapter 4, Article B to see what additional requirements or standards apply.
Once you have determined what base zone regulations apply to your site, you will need
to check the general site development standards in Chapter 5. Are you putting in a
parking lot, signage or outdoor lighting? Do you need to put in screening or street trees?
Are you allowed to have more than one driveway and where should it be located to
ensure vehicular and pedestrian safety? Are there environmentally sensitive features on
your site, such as steep slopes, wetlands, or stream corridors?
Next check to see whether any overlay zones apply to your property. Is it in a historic
or conservation district? Is it located in a planned development? Do any airport zoning
regulations apply to the property? Consult the overlay zone regulations, airport zoning
regulations and any approved planned development plan for the site to see whether any
additional regulations apply or whether the zoning standards have been modified for
your property.
Finally, consult Chapter 8 to find out how to apply for any permits or reviews that you
will need to develop your property.
Determining where a specific land use may locate
To determine in which zones a specific use may locate, you must first determine what
land use category it is in. Use Chapter 4, Article A, Land Use Classification, to determine
the category. Then refer to the articles in the base zone chapter (Chapter 2). Each of
the articles in this chapter contain a table that indicates whether a particular land use
category is permitted, provisional, or allowed by special exception. If the category you
are looking up is not listed in the table or if the table is blank for a particular zone, then
the land uses within that category are not allowed in that zone or zones. For land uses
that are listed as provisional or special exceptions, additional regulations apply. Look in
Chapter 4, Article B to determine what these additional standards or requirements are.
Once you have determined that a specific use is allowed, you should also check to see
what dimensional standards and site development standards would apply for that use.
Read through the dimensional and site development standards for the base zone as well
as the applicable regulations in Chapter 5. For example, is a certain size lot required for
the use? How many parking spaces are required for the use? Are trees or landscape
screening required?
Finally, although a base zone might allow a particular use, a specific site may be subject
to additional regulations from an overlay zone or from the airport zoning regulations.
The regulations of an overlay zone or any applicable airport zoning regulations will
supercede the regulations of the base zone and may affect the status of the use; so
those regulations should also be considered.
iv
TITLE 14: ZONING
Chapter 1. Introductory Provisions
Article A. Title, Applicability, Purpose........................ ..................... ......... 1
Article B. Interpretation and Scope......................................................... 2
Chapter 2. Base Zones
Article A. Single Family Residential Zones............................................... 4
Article B. Multi-Family Residential Zones.................. ,............................. 22
Article C. Commercial Zones................................................................ 49
Article D. Industrial and Research Zones.......................................... ....... 86
Article E. Interim Development Zones.......................................... ........... 96
Article F. Public Zones........................................................................ 103
Chapter 3. Overlay Zones
Article A. Planned Development Overlay............:................................... 109
Article B. Historic District and Conservation District Overlay... ... ... ... ... ... ... ... 122
Article C. Design Review............................................................ ...... ....137
Chapter 4. Use Regulations
Article A. Land Use Classification............... .................................... ...... ..146
Article B. Minor Modifications, Variances, Special Exceptions,
& Provisional Uses.................................... ........................ ...168
Article C. Accessory Uses and Buildings................................................ 204
Article D. Temporary Uses.............................. ..................................... 221
Article E. Nonconforming Situations...................................................... ..224
Chapter 5. Site Development Standards
Article A. Off-street Parking and Loading Standards:............................. .....233
Article B. Sign Regulations.................................... ............................... 255
Article C. Access Management Standards.......................................... .....273
Article D. Intersection Visibility Standards................................................ 283
Article E. Landscaping and Tree Standards............................................. 286
Article F. Screening and Buffering Standards... ... ... ... ... ... ....... ... ... ... ...... ... 292
Article G. Outdoor Lighting Standards............ .................................... ..... 301
Article H. Performance Standards .........................................................307
Article I. Sensitive Lands and Features ..................................................310
Article J. Flood Plain Management Standards ..........................................329
Article K. Neighborhood Open Space Requirements................................. 337
Chapter 6. Airport Zoning.................................................................... 342
Chapter 7. Administration
Article A. Boards and Commissions................................................... ..... 343
Article B. Development Fees ................................................................347
Article C. Penalties and Enforcement ..................................................... 353
Chapter 8. Review and Approval Procedures
Article A. General Procedures............................................................... 356
Article B. Administrative Approval Procedures......... ......... ........... ...... .......357
Article C. Board of Adjustment Approval Procedures .................................365
Article D. Planning and Zoning Commission Approval Procedures ...............369
Article E. Historic Preservation Commission Approval Procedures ...............382
- . , ....... ._~--------_.,-_...,_._.- "'---------------.---..- ..._-_._-_."~_._--_._.,'--_.._._-,..~---.-._.~--_._".-..-..-----.,.--. -~"._.._-~._--
Chapter 9. Definitions
Article A. General Definitions...... ... ... ... ... ......... ............ ... ...... ... ... ... ... .....388
Article B. Historic Preservation Definitions... ... ... ... ... ... ... ............ ...... ........412
Article C. Sign Definitions ......... ... ............ ......... ... .c. ... ......... ... ... ...... .....414
Article D. Outdoor Lighting Definitions... ... ...... ...... ......... ...... ... ... ... ... ... .....419
Article E. Sensitive Lands Definitions..................... ... ...... ............ ... ......... 421
Article F. Floodplain Management Definitions......... ...... ... ... ... ... ... ...... ... .... 424
City Council - Final Draft
J 2/08/05
14-1A
Title. Applicability. and Purpose
CHAPTER 1. INTRODUCTORY PROVISIONS
Article A. Title, Applicability, Purpose
14-1A-l Title
This Title shall be known and officially cited as the "Iowa City Zoning Code"
14-1A-2 Applicability
The provisions of this Title shall be applicable to all property within the corporate limits of the
City of Iowa City as provided by Chapter 414, Code of Iowa.
14-1A-3 Purpose
A. Generally
The provisions of this Title are intended to implement the City of Iowa City's
Comprehensive Plan in a manner that promotes the health, safety, order, convenience,
prosperity, and general welfare of the citizens of Iowa City.
B. Specifically
The provisions of this Title are specifically intended to:
1. Conserve and protect the value of property throughout the City;
2. Encourage the most appropriate use of land and foster convenient, compatible and
efficient relationship among land uses;
3. Provide the opportunity for a variety of housing types to meet the needs of the City's
population;
4. Promote the economic stability of existing and future land uses that are consistent
with the Comprehensive Plan and protect them from intrusions by incompatible land
uses;
5. Lessen congestion in the streets and promote safe and effective access to property;
6. Prevent the overcrowding of land;
7. Avoid undue concentration of population; and
8. Conserve open space and protect natural, scenic, and historic resources.
_..,____...~ _._____________..______._________.____._".._.._____ _____.___.___._...'_n_.._._.._..'"
City Council - Final Draft
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14-1B
Interpretation and Scope
Article B. Interpretation and Scope
14-1B-1 Interpretation and Application of Provisions
A. In interpreting and applying the provisions of this Title, such provisions shall be held to be
the minimum requirements for the promotion of the public safety, health, convenience,
order, prosperity and general welfare.
B. This Title is not intended to interfere with, abrogate or annul any easements, covenants or
other agreements between parties, except if this Title imposes a greater restriction, this
Title shall control.
C. In case of any inconsistency between the text of this Tide and any heading, drawing,
table, figure, or illustration, the text shall control.
D. If the provisions of this Title are inconsistent with those of the state or federal
government, the more restrictive provision will control to the extent permitted by law.
E. If the provisions of this Title are inconsistent with one another or if they conflict with
provisions found in other adopted ordinances, resolutions, or regulations of the City, the
provision that is more specific to the situation will control. When regulations are equally
specific or when it is unclear which regulation to apply, the more restrictive provision will
control.
F. Whenever reference is made to a resolution, ordinance, statute, regulation, or document,
it shall be construed as a reference to the most recent edition of such regulation (as
amended), resolution, ordinance, statute, regulation or document, unless otherwise
specifically stated.
G. Whenever a provision appears requiring the head of a department or another officer or
employee of the City to perform an act or duty, that provision shall be construed as
authorizing the department head or officer to delegate that responsibility to others over
whom they have authority.
14-1B-2 Rules of Word Construction
A. Unless otherwise specifically indicated, lists of items or examples that use terms such as
"including," "such as," or similar language are intended to provide examples, not to be
exhaustive of all possibilities.
B. Words in the present tense include the future tense. The reverse is also true.
C. The words "shall," "shall not," "must," "must not," "will," "will not," and "may not" are
mandatory. The word "may" is permissive.
14-1B-3 Scope
Except as otherwise provided in this Title, the use of premises and structures in the City shall be
in accordance with the minimum standards hereinafter established:
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14-1 B
Interpretation and Scope
A. No use shall be established nor shall any structure be installed, converted, enlarged,
reconstructed or structurally altered, except in conformity with the regulations and
standards of this Title.
B. No land shall be used or divided, and no structure shall be occupied, constructed,
installed, converted, enlarged, reconstructed, moved, or structurally altered until:
1. All applicable review and approval procedures have been followed;
2. All applicable approvals have been obtained; and
3. All required permits or authorizations to proceed have been issued.
C. The lot area required for one structure or use under this Title cannot be used to meet the
requirements for another structure or use.
D. Every use established or structure installed or structurally altered shall be located on a
"lot" as defined in this Title. The number of principal uses and structures permitted on a
lot shall be as follows:
1. In RS zones and the RNS-12 Zone, there shall not be more than one principal use or
building per lot, except as permitted through a Board of Adjustment approval of a
special exception to establish or expand an Educational Facility or Religious/Private
Group Assembly Use.
2. In aU other zones, there may be more than one principal use, building or structure on
a lot.
3. In the RR-l Zone, there shall not be more than one principal dwelling per lot.
E. Except as specifically allowed by this Title, no use permitted as a special exception under
this Title shall be established or enlarged except as permitted by the Board of Adjustment.
14-1B-4 Zonin Map; Determination of Zonin Boundaries
The boundaries of the various Zoning Districts, hereinafter referred to as "zones" are shown on
the Zoning Map, said Map made a part of this Title by reference and on file in the offices of the
City Clerk and the Department of Planning and Community Development. Where uncertainty
exists as to the boundaries of zones as shown on the Zoning Map, the following rules apply.
A. Where the boundaries of the zones are along streets and alleys, they shall be construed to
be along the centerlines of such streets and alleys.
B. Where boundaries of the zones are not clearly indicated on the map and where the
property has been or may hereafter be divided into blocks and lots, the boundaries of the
zones shall be construed to be the nearest lot lines.
C. Where the zones designated on the Zoning Map are bounded approximately by lot lines,
the lot lines shall be construed to be the boundaries of the zones. The intent of this
provision is that no lot shall be divided by a zone boundary.
D. In separate tracts not subdivided and for unsubdivided property, the zoning boundary lines
on the Map shall be determined by use of the scale on the Map.
E. Where boundaries cannot be determined using the paragraphs above, the Zoning Code
Interpretation Panel shall interpret the zone boundaries.
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City Council - Final Draft
12/08/05
14-2A
Single Family Residential Zones
CHAPTER 2. BASE ZONES
Article A. Single Family Residential Zones
14-2A-l Establishment and Intent of Single Family Residential Zones
The full names, short names, and map symbols of the established Single Family Residential
Zones are listed below. When this Title refers to the Single Family Residential Zones, it is
referring to the zones listed below. When this Title refers to Residential Zones, or R Zones, it is
referring to both the Single Family Residential Zones listed below and the Multi-Family
Residential Zones listed in Article 14-26.
A. Rural Residential Zone (RR-i)
The Rural Residential Zone (RR-l) is intended to provide a rural residential character for
areas in the city that are not projected to have the utilities necessary for urban
development in the foreseeable future or for areas that have sensitive environmental
features that preclude development at urban densities.
B. Low Density Single Family Residential Zone (RS-S)
The Low Density Single-Family Residential Zone (RS-S) is primarily intended to provide
housing opportunities for individual households. The regulations are intended to create,
maintain, and promote livable neighborhoods. The regulations allow for some flexibility of
dwelling types to provide housing opportunities for a variety of household types. This zone
also allows for some nonresidential uses that contribute to the livability of residential
neighborhoods, such as parks, schools, religious institutions, and daycare facilities. Related
nonresidential uses and structures should be planned and designed to be compatible with
the character, scale, and pattern of the residential development.
c. Medium Density Single Family Residential ZOne (RS-8)
The purpose of the Medium Density Single-Family Residential Zone (RS-8) is primarily to
provide for the development of small lot single-family dwellings. The regulations are
intended to create, maintain, and promote livable neighborhoods. The regulations allow
for some flexibility of dwelling types to provide housing opportunities for a variety of
household types. Special attention should be given to site design to ensure the
development of quality neighborhoods. Nonresidential uses and structures permitted in
this zone should be planned and designed to be compatible with the character, scale, and
pattern of the residential development.
D. High Density Single Family Residential Zone (RS-12)
The High Density Single-Family Residential Zone (RS-12) is intended to provide for
development of single-family dwellings, duplexes and attached housing units at a higher
density than in other single family zones. Because this district represents a relatively high
density for single-family development, dwellings should be in close proximity to all City
services and facilities, especially parks, schools and recreational facilities. Special attention
should be given to site design to ensure the development of quality neighborhoods.
Nonresidential uses and structures permitted in this zone should be planned and designed
to be compatible with the character, scale, and pattern of the residential development.
4
___~~_.__m______.___._..._.___.____________.______'__'_ ._____..____._,.._.__.____,..__~..___.__~__________'__'--..,.---..-*...,.
City Council - Final Draft
12/08/05
14-2A
Single Family Residential Zones
E. Neighborhood Stabilization Residential Zone (RNS-12)
The purpose of the Neighborhood Stabilization Residential Zone (RNS-12) is to stabilize
certain existing residential neighborhoods by preserving the predominantly single-family
residential character of these neighborhoods. Provisions in this zone prevent the
conversion or redevelopment of single family uses to multi-family uses. However, existing
conforming multi-family uses retain their conforming status when rezoned to RNS-12.
14-2A-2 Land Uses Allowed
A. Determining the Principal Uses Allowed
1. Table 2A-1 indicates whether a principal land use is permitted (P), allowed with
provisions (PR), or allowed by special exception (S) in a particular single family
residential zone. A number in brackets, such as [1], indicates that a special provision
applies. See Table Notes for more information.
2. Specific land uses are grouped into the categories and subgroups listed in the table.
For example, a church is classified as Religious/Private Group Assembly. To find out
how a specific land use is categorized see Article 14-4A, Land Use Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in
Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with specific approval criteria for most special exception uses.
B. Accessory Uses Allowed
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
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City Council- Final Draft
12/08/05
14-2A
Single Family Residential Zones
iaBle~'~A"'WP;Ti'iclarOsijf". '%w'd*i "~Slil'r 'Ftiill,i'[<i;\R,esiCifl)j'Jfttl:ZO'nes':r'
"''C'''' "", ' ,!,! ,p" ,',_ h' ./, ,"'~, ",IJ .,. g,l!.,. .m!,7i'" ' . 'M ,', ,~-, '''4,
USE CATEGORIES SUBGROUPS RR-l RS-5 RS-8 RS-12 RNS-12
Residential Uses
Household Living Uses Detached Single Family P P P P P
Dwellings
Detached Zero Lot Line PR PR PR PR
Dwellinas
Attached Single Family PR PR PR
Owellinas
Two-Family Uses (Duolexes PR PR PR PR
Group Households PR PR PR PR PR
Mu"i-Familv Uses III
Group living Uses Assisted Group Livina
Indeoendent GrouD Livina 11
Fraternal Group Living [1]
USE CATEGORIES SUBGROUPS RR-l RS-5 RS-8 RS-12 RNS-12
Commercial Uses
Animal-related Commercial General
Uses Intensive
Institutional And Civic Uses
PR
PR
Davcare Uses S S S S S
Educational Facilities General PR S S S S
Soecialized
Parks and Open Space PR PR PR PR PR
Uses
ReligiouslPrivate Group PR S is S S
Assemblv Uses
USE CATEGORIES SUBGROUPS RR-l RS-5 RS-8 RS-12 RNS-12
Other Uses
Agricultural Uses Plant-related P
Animal-related
Communication PR PR PR PR PR
Transmission Facilitv Uses
P = Permitted PR = Provisional S = Special Exception
Notes: [1] Multi-Family and Group Living Uses in the RNS-12 zone must comply with the special provisions contained
in Section 14-2A-7.
14-2A-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title and, if applicable, the Overlay Zone
provisions of Chapter 14-3, Said Chapters are indicated as follows:
A. Overlay Zones
1. Planned Development Overlay
See Article 14- 3A.
2. Historic District and Conservation District Overlay
See Article 14-3B.
3. Design Review
See Article 14- 3C.
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City Council - Final Draft
12/08/05
14-2A
Single Family Residential Zones
B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-46. .
2. Accessory Uses and Buildings
See Article 14-4C.
3. Temporary Uses
See Article 14-40.
4. Nonconforming Situations
See Article 14-4E.
C. Site Development Standards
1. Off-Street Parking and Loading Standards
See Article 14-5A.
2. Sign Regulations
See Article 14-56.
3. Access Management Standards
See Article 14-5C.
4. Intersection Visibility Standards
See Article 14-50.
5. Landscaping and Tree Standards
See Article 14-5E.
6. Screening and Buffering Standards
See Article 14-5F.
7. Outdoor Lighting Standards
See Article 14-5G.
8. Performance Standards
See Article 14-5H.
9. Sensitive Lands and Features
See Article 14-51.
10. Flood Plain Management Standards
See Article 14-5J.
11. Neighborhood Open Space Requirements
See Article 14-5K.
14-2A-4 Dimensional Requirements
The dimensional requirements for the Single Family Residential Zones are stated in Table 2A-2,
located at the end of this Section. Each of the following subsections describes in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Table 2A-2. Approval criteria for these uses are addressed in Article 14-48. Dimensional
requirements may be waived or modified for developments approved through the Planned
Development (See Article 14-3A, Planned Development Overlay) or through the Historic
Preservation Exception as outlined in the Special Provisions Section at the end of this Article.
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City Council- Final Draft
12/08/05
14-2A
Single Family Residential Zones
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met. The lot area per dwelling unit standards control the intensity of use
on a lot to ensure consistency and compatibility of new dwellings with the
surrounding development.
2. Standards
Generally, the minimum lot area and width standards for the various Single Family
Residential Zones and for specific residential uses are stated in Table 2A-2, located at
the end of this Section.
3. Minimum Lot Sizes for Specific Land Uses.
a. Provisional Uses and uses allowed by Special Exception may have specific lot
size requirements not specified in Table 2A-2. Approval criteria for these uses
are addressed in Article 14-46, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses.
b. If a minimum lot size is specified within a Zone for a particular land use or
dwelling type, whether Permitted, Provisional or a Special Exception, that use or
dwelling type may not be established on a smaller lot, even if smaller lots are
permitted in the subject base zone, except as permitted under Article 14-4E,
Nonconforming Situations.
B. Minimum Setback Requirements for Principal Buildings
1. Purpose
The minimum setback requirements are intended to:
a. Maintain light, air, separation for fire protection, and access for fire fighting;
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in the City's
neighborhoods;
d. Promote a reasonable physical relationship between buildings and between
residences; and
e. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in residential zones
are stated in Table 2A-2, below. The minimum setbacks for principal buildings create
required setback areas within which principal buildings are not allowed, except for
certain building features as specified in this subsection.
3. Specific Setback Requirements
The following subparagraphs contain setback requirements that apply in specific
situations.
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City Council- Final Draft
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14-2A
Single Family Residential Zones
a. Setbacks Along Arterial Streets
(1) On lots platted after December 31, 1983, a minimum 40-foot front setback
is required along any lot line that abuts an arterial street or future arterial
street as shown on the Iowa City Arterial Street Map, located in Article 14-
5C, Access Management Standards.
(2) If a lot is located along an arterial street that is substandard with regard to
the width of the public right-of-way as specified in Title 15, Subdivisions,
then the minimum 40-foot front setback along said street is increased by
the number of additional feet that will be required for future upgrade of
said street to City standards. Lots platted prior to December 31, 1983 are
exempt from this requirement. In addition, setback averaging may apply in
certain circumstances (See subparagraph e., below).
b. Lots with Multiple Frontages
(1) On comer lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangle, as set forth in Article
14-5D, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must be provided
along all streets and such setback will be considered a front setback for
purposes of this Title.
c. Lots with Multiple Buildings
The principal buildings on the lot must be separated by a horizontal distance of
at least 10 feet. Proximity of building walls will be subject to all current Building
Code fire protection requirements.
d. Overlay Zones and Special Districts
If specific setbacks have been established in a Historic or Conservation District,
a Planned Development, or in the Central Planning District, those setbacks
supercede the setback requirements of the base zone. For properties located in
a Historic or Conservation District refer to Article 14-3B and also the applicable
setback provisions in the Iowa City Historic Preservation Handbook. For a
property located in a Planned Development Overlay Zone refer to the approved
Planned Development Overlay Plan for the subject property. For Two Family
Uses, Multi-Family Uses, Group Living Uses, and Institutional/Civic Uses located
on property in the Central Planning District, refer to the applicable setback
provisions in Section 14-2B-6, Multi-Family Site Development Standards.
e. Setback Averaging
(1) Where at least 50 percent of the lots along a frontage have been
developed and all of these developed lots are occupied by principal
buildings that are located at least 5 feet further from the street than the
required front setback, the required front setback along the frontage is
increased to the equivalent of the setback of the building closest to the
street. (See Figure 2A.1, below)
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14-2A
Single Family Residential Zones
Figure 2A.l - Setback Averaging (1)
r--I---I---I~-I
I B,;10;09 do...1 I I I I
: lolh..tree! I D : : D :
I I I I
5' Increased Front Setback .
L Required Front Setback I I I
_ _.......l.. _ L _1_ --'- _ L _ _--.J
(2) Where at least 50 percent of the lots along a frontage are occupied by
principal buildings that are located closer to the street than the required
front setback, the front setback may be reduced to the average of the
respective setbacks on the abutting lots. Only the setbacks on the lots that
abut each side of the subject property along the same street may be used
to calculate the average. Setbacks across the street or along a different
street frontage may not be used. When one abutting lot is vacant or if the
lot is a corner lot, then the average is based on the setback of the non-
vacant lot and the required setback for the zone in which the lot is located.
(See Figure 2A.2)
Figure 2A.2 - Setback Averaging (2)
,--i---i--l
I A I B I C I
I L~_I I
I ~':q I I
I \7vt_ I I
ftrLctB
,--i---i--l
I D 1'-:<1 I F I
I I~~~ I I
I ~: I Va:at I
\ !'211l_ I I
ftrLctE
L
5_
'0_ '5~
Fitrt_
10_
15~
Frat_
i--T--i
G H
I I (".....'" I
I IE."'" SoIbed< I
oflotGancI Iii
I r~~otS~~1 ~
I 1 ","'SoIb"" I
for LotE
STREET
15'Required
Front SetbaCk
10'Setback
10
_ _ ____..__.__._.._..___._",."____~.~M.__ __,.______.________...._~.__.~____,._.'._ .--.---.-.......----
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14-2A
Single Family Residential Zones
4. Building Features Permitted Within the Reqllired Setback Area
The following building features may extend into the required principal building
setback area, subject to the conditions indicated and provided that location of such a
feature does not violate the provisions of Article 14-5D, Intersection Visibility
Standards. The setback regulations for detached accessory structures and structures
not considered part of the principal building are addressed in Article 14-4C, Accessory
Uses and Buildings.
a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feet from any side lot
line.
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone and may not extend into the required setback area. The standards for
uncovered decks and patios are specified in Article 14-4C, Accessory Uses and
Buildings. Covered porches, covered decks, and covered patios that are
attached to an accessory building must comply with the standards for accessory
buildings as specified in Article 14-4C, Accessory Uses and Buildings.
c. Fire escapes may extend into any setback, provided they do not extend more
than 3 feet into any side setback.
d. Stairways that function as the principal means of access to dwelling units
located above the ground or first floor of a building may not extend into any
required setback.
e. Stoops and wheelchair ramps that function as a means of access to the ground
or first floor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 3 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5. Adjustments to Principal Building Setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor
Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback requirements if the owner or lawful occupant of
a property demonstrates that the general special exception approval criteria and
the following specific approval criteria have been satisfied:
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Single Family Residential Zones
(1) The situation is peculiar to the property in question;
(2) There is practical difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
C. Building Bulk Standards
1. Maximum Height
a. Purpose
The height regulations are intended to promote a reasonable building scale and
relationship between buildings; provide options for light, air, and privacy; and
discourage buildings that visually dominate other buildings in the vicinity.
b. Standards
Generally, the maximum height standards for structures in Single Family
Residential Zones are stated in Table 2A-2. This table is located at the end of
this Section. Height standards for accessory buildings are addressed in Article
14-4C, Accessory Uses and Buildings.
c. Exemptions
If allowed in the subject zone, the following structures or parts thereof are
exempt from the height limitations set forth in the zones indicated, provided an
increase in height does not conflict with Chapter 14-6, Airport Zoning.
(1) Chimneys or flues.
(2) Spires on religious or other institutional buildings.
(3) Cupolas, domes, skylights and other similar roof protrusions not used for
the purpose of obtaining habitable floor space.
(4) Farm structures, including barns, silos, storage bins and similar structures
when accessory to an allowed Agriculture Use.
(5) Flagpoles that extend not more than 10 feet above the height limit or not
more than 5 feet above the highest point of the roof, whichever is less.
(6) Parapet or fire walls extending not more than 3 feet above the limiting
height of the building.
(7) Poles, towers and other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
(8) If allowed in the subject zone, Basic Utilities and Communication
Transmission Facilities are exempt from the base zone height standards,
but are subject to any limitations placed by the Board of Adjustment.
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Single Family Residential Zones
(9) Roof structures, including elevator bulkheads, stairways, ventilating fans,
cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
(10)Television antennae and similar apparatus.
d. Adjustment of Height Standards
(1) The maximum height for a principal building may be increased, provided
that for each foot of height increase above the height standard, the front,
side, and rear setbacks are each increased by an additional 2 feet, and
provided that an increase in height does not conflict with the provisions of
Chapter 14-6, Airport Zoning.
(2) A Minor Modification may also be requested to adjust the maximum height
for a particular building or property according to the procedures and '
approval criteria for Minor Modifications contained in Article 14-46.
2. Minimum Building Width
a. Purpose
The minimum building width requirements promote a reasonable building scale
and relationship between dwellings in a neighborhood.
b. Standards
The minimum building width requirements for principal structures in Single
Family Residential Zones are stated in Table ZA-2. This table is located at the
end of this Section. A principal building must be in compliance with the specified
minimum building width for at least 75 percent of the building's length. (See
Figure ZA.3, below).
Figure 2A.3 - Minimum Building Width
,-----T
I I
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I 75%01 I
building
I length I
I, , I
20'
_L____-.J_
STREET
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14-2A
Single Fomily Residentiol Zones
D. Maximum Lot Coverage Standards
1. Total Building Coverage
a. Purpose
The total building coverage standard helps to define the character of Single
Family Residential Zones by limiting the land area that can be covered by
buildings. These standards work in conjunction with the minimum lot
requirements and building bulk standards to determine how built-up a
neighborhood appears.
b. Standard
The total building coverage standards for the various Single Family Residential
Zones are stated in Table 2A-2, located at the end of this Section. The
maximum building coverage standard establishes the percentage of the total
area of a lot that can be covered by buildings. The total building area of all
buildings on the property, including both principal and accessory buildings, is
used to calculate the building coverage. .
2. Front Setback Coverage
a. Purpose
. The front setback coverage standard ensures that a certain portion of the front
setback area remains free of impervious surface, which helps to maintain a
consistent and pleasant environment along neighborhood streets. These
standards increase public safety by preventing excessive front yard paving and
vehicular storage that may obscure the principal dwelling and the main entrance
from view of the street. In addition, this standard helps to prevent
neighborhood streets that are dominated by front yard pavement, particularly
along frontages with narrow residential lots.
b. Standard
The maximum front setback coverage standard for the Single Family Residential
Zones is stated in Table 2A-2, located at the end of this Section. The table lists
the maximum percentage of the required front setback that may be covered by
impervious surface, including driveways, walkways, patios, decks, and other
paved areas. Front setback coverage may not exceed the percentage indicated
in Table 2A-2.
c. Exception.
A Special Exception may be requested to increase the allowed front setback
coverage. The Board of Adjustment may adjust the front setback coverage
standard if the owner or lawful occupant of a property demonstrates that the
general special exception approval criteria set forth in Article 14-4B and the
following specific approval criteria have been satisfied:
(1) The lot is of an irregular shape or contains severe topography, such that
there is practical difficulty meeting the front setback coverage standard.
(2) The applicant has demonstrated that every effort has been made to design
buildings, paved areas, and vehicular use areas to meet the front setback
coverage standard. Such efforts include reducing the width of driveways,
reducing paved areas and size of garages and providing alternative means
of vehicular access to the property. If vehicular access to an alley or
14
.--._---~--,-_. -~--_._---"^-~"_._,-,---------------_....._---,._-_._-..----. ".-
City Council - Final Draft
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14-2A
Single Family Residential Zones
private rear lane is available, the front setback coverage standard may not
be increased.
(3) Granting the exception will not be contrary to the purpose of the front
setback coverage regulations.
(4) Any potential negative effects resulting from the exception are mitigated to
the extent practical.
15
-.-.,- .-,---_._,-~..._-"--,--_.,."..._------_._-~"".._'---_.--",-",--~'-'--'-----'~---'-' '"
City Council- Final Draft
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14-2A
Single Family Residential Zones
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, "~"~i. (s:!.r ";!';c(fl) ',:" ,:c//'.;r," ,', r<'.ir~h:,r/,' 'c.; '" "':;:(Il;P' ..: J~uq!t).,: '.C,01ie~ag~J !Co.verage
"R'1 elached
F, including 40,000 40,000 80 50 156 b+22 20 35 203 40% 500/0
era Lol Line
ther Uses1 40,000 nla 80 50 20 ~:+22 20 35 203 40% 50%
"S,5 elached
F, including 8,000" 8,000 60' 45' 15' E+22 20 35 203 45% 50%
era Lol Line
Duplexes 12,000 6,000 80 80 15' ~1+22 20 35 203 45% 50%
~t1ached 6,000 6,000 40 40 1 5' 0 or 20 35 203 45% 50%
~F 10'
pIher Uses1 8,000 nla 60 45 20 Ei+22 20 35 203 45% 50%
5-8 Delached
~F, including 5,000' 5,000 458 408 15' :,+22 20 35 203 45% 50%
~ero Lol Line
puplex 8,700 4,350 70 70 1 56 :,+22 20 35 203 45% 50%
lIached 4,350 4,350 35 35 15' (I or 20 35 203 45% 50%
~F 105
blher Uses1 5,000 nla 45 40 20 5+2' 20 35 203 45% 50%
"S-12 Detached
F, including 5,000' 5,000 45' 40' 15' 5+22 20 35 203 50% 50%
ero Lol Line
buplex 6,000 3,000 55 40 1 5' 5+2' 20 35 203 50% 50%
lIached 3,000 3,000 20/28' 20 15' C or 20 35 W 50% 50%
F 10'
Iher Uses1 5,000 nla 45 40 20 5+22 20 35 203 50% 50%
"NS-12 etached SF 5,000 5,000 45 25 1 5' 5+22 20 35 203 40% 50%
uplex 6,000 3,000 45 25 15' 5+22 20 35 203 40% 50%
~F Uses 5,000 Existing4 45 25 1 5' 5+22 20 35 203 40% 50%
Iher Uses' 5,000 nla 45 25 20 5+-22 20 35 203 40% 50%
Noles:
nla = nol applicable
'Other uses musl comply with Ihe slandards lisled in Ihis lable unless specilied otherwise in Article 14.4B.
2 Minimum side selback is 5 feel for Ihe first 2 slories plus 21eellor each additional slolY. Delached Zero Lol Line Dwellings musl comply wilh Ihe
applicable side selback standards in Article 14.4B.
3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length.
4 See Ihe Special Provisions of Ihis Article regarding MulHamily Uses.
5 See applicable side setbacks for Attached SF as provided in Article 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses.
6 The principal dwelling must be set back at least 15 feet, except on Jots located around the bulb of a cul-de-sac; on such lots the principal dwelling must
be set back at leas! 25 feet. On all lots, garages, both attached and detached, must be set back as specified in Article 14-4C, Accessory Uses and
Buildings.
, Minimum lot width is 20 feet for allached unils on inlerior lols and 28 feel for end lols in a row of allached unils. When only two unlls are atlached, lots
must be 28 feel wide.
alf the Single Family Density Bonus Options have been applied, the minimum lot area, lot area per unit, lot width and lot frontage requirements may be
reduced accordingly (See Seclion 14.2A-7).
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14-2A
Single Family Residential Zones
14-2A-S Maximum Occupancy for Household Livin Uses
The residential occupancy of a Household Living Use is limited to one "household" per dwelling
unit, as this term is defined in Article 14-9A, General Definitions.
14-2A-6 Sin Ie Family Site Development Standards
A. Purpose
The single family site development standards are intended to:
1. Ensure that parking areas are located so as to prevent drainage onto adjoining
properties, to prevent vehicles from blocking sidewalks and to ensure that front yard
areas remain free of large parking areas that will detract from the residential
character of the neighborhood.
2. Enhance public safety for residents and visitors by lining streets with active living
spaces, ensuring that there is a physical and visual connection between the living
area of the residence and the street.
3. Enhance the pedestrian-oriented character of the neighborhood by preventing blank
facades and large expanses of concrete along the street.
B. Applicability
1. The standards of this Section apply to all Single Family and Two Family Uses located
in any Zone.
2. Multi-Family Dwellings, Group Living Uses, and Institutional/Civic Uses located in a
Single Family Zone are subject to the Multi-Family Site Development Standards
specified in Article 14-26, Multi-Family Residential Zones.
C. Garage, Driveway and Parking Location Standards
1. For Single Family Uses and Two-Family Uses, a required parking space may be
located behind another parking space on a regularly constructed aisle, provided the
spaces are not stacked more than two spaces deep, counting the space within a
garage (See Figure 2A.4).
Figure 2A.4: Stacked Parking Spaces
,.------,
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~
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City Council- Finol Draft
12/08/05
14-2A
Single Family Residential Zones
2. Parking for Single Family Uses and Two-Family Uses may be designed to allow cars to
exit by backing into a street, except if street access is restricted or alley access is
required.
3. Parking is not permitted in the front principal dwelling setback, except in the
following situations:
a. For Single Family Uses, one of the required parking space(s) may be provided in
the front principal dwelling setback on a regularly constructed aisle, provided
not less than 50 percent of the front principal dwelling setback area remains
open space, free of impervious surface.
b. For Two Family Uses and Group Households, 2 of the required parking spaces
may be provided in the front principal dwelling setback on a regularly
constructed aisle, provided not less than 50 percent of the front principal
dwelling setback area remains open space, free of impervious surface.
c. For Single Family Uses, Two Family Uses, and Group Households, up to 3 non-
required parking spaces may be provided in the front principal dwelling setback,
provided any such space is located on a regularly constructed aisle that leads
directly to a parking space that is not located in the front principal dwelling
setback, and provided that not less than 50 percent of the front principal
dwelling setback area remains open space, free of buildings and impervious
surfaces. (See Figure 2A.5)
Figure 2A.5: Non-required parking within the front setback area
r--------l
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4. Garages and carports must be located so as to provide a driveway, at least 25 feet in
length, between the entrance to the garage or carport and the street right-of-way
line. Garages and carports accessed from an alley must be located so as to provide a
driveway at least 5 feet in length between the entrance to the garage or carport and
the alley right-of-way line.
5. A non-hard surfaced drive or aisle may not be located closer than 3 feet to a lot line,
except at the point of access with a street, alley, or private rear lane. Hard-surfaced
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14-2A
Single Family Residential Zones
drives must be set back at least 3 feet from any side or rear lot line, except under the
following circumstances.
a. The drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property; or
b. A drainage course has been established along lot lines to handle storm water
runoff; or
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting lot; or
d. At the point of access with an alley or private rear lane.
6. On lots less than 60 feet in width, the length of any garage wall that faces a street-
side lot line may not exceed 60 percent of the total length of the building fa~ade that
faces the same street-side lot line. On corner lots, only the garage wall(s) containing
a garage door must meet this standard. For Two Family Uses and Attached Single
Family Dwellings, additional vehicular access standards may apply. See applicable
standards in subsection 14-46-4, Specific Approval Criteria for Provisional Uses and
Special Exceptions.
14-2A-7 Special Provisions
A. Single Family Density Bonus Options
For Detached Single Family Dwellings and Detached Zero Lot Line Dwellings, the following
density bonuses are allowed in the following zones and under the following conditions:.
1. In the RS-S Zone
If vehicular access to garages and off-street parking spaces is restricted to an alley or
private rear lane, then the following modifications to dimensional requirements are
allowed:
a. The minimum lot width may be reduced to 50 feet and the minimum lot
frontage may be reduced to 30 feet;
b. The minimum lot size may be reduced to 6,000 square feet; and
c. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk.
2. In the RS-8 Zone
If vehicular access to garages and off-street parking spaces is restricted to an alley or
private rear lane, then the following modifications to dimensional requirements are
allowed:
a. The minimum lot width may be reduced to 40 feet and the minimum frontage to
25 feet;
b. The minimum lot size may be reduced to '4,000 square feet; and
c. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk.
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14-2A
Single Family Residential Zones
3. In the RS-12 Zone
If vehicular access to garages and off-street parking spaces is restricted to an alley or
private rear lane, then the following modifications to dimensional requirements are
allowed:
a. The minimum lot width may be reduced to 30 feet and the minimum frontage to
20 feet;
b. The minimum lot size may be reduced to 3,000 square feet; and
c. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk.
B. Historic Preservation Exceptions
1. The Board of Adjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this Article or in Chapter 14-5 or
any approval criteria listed in Article 14-4B of this Title that would prevent use or
occupancy of a property designated as an Iowa City Landmark or registered on the
National Register of Historic Places. In addition to the general special exception
approval criteria set forth in Article 14-4B, the following approval criteria must be
met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
2. The Board of Adjustment may grant a special exception to allow a property
designated as an Iowa City Landmark or registered on the National Register of
Historic Places to be adapted and re-used as a Community Service Use, Specialized
Educational Facility, or Hospitality-Oriented Retail Use. In addition to the general
special exception approval criteria listed in Article 14-4B, the applicant must also
meet the following criteria in order for the Board to grant this exception:
a. The exception is necessary to preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
C. Special Provisions in the Neighborhood Stabilization Residential Zone
1. At the time a property is rezoned to Neighborhood Stabilization Residential (RNS-12),
any uses that were conforming with regard to use and minimum lot area per unit
requirements under the previous zoning designation shall be considered conforming
with regard to use and minimum lot area per unit requirements under the
Neighborhood Stabilization Residential Zone. Any building containing a conforming
use may be torn down and rebuilt to its present density or to the allowed density in
the Neighborhood Stabilization Residential Zone, provided that it conforms to all
other provisions of this Title.
20
Tille 14: Iowa City Zoning Code
14-2A
Single Family Residential Zones
2. The special provision described in paragraph 1., above, does not exempt a property
from compliance with other relevant dimensional standards, site development
standards, use regulations, or any subsequent amendments to this Title that pertain
to the property.
D. Two Family Uses and Attached Single Family Dwellings in the RS-8 Zone
Existing Two Family Uses and Attached Single Family Dwellings located on interior lots in
the RS-8 Zone that were conforming with regard to use and minimum lot area per unit
requirements as of December 27, 2005 shall be considered conforming with regard to use
and minimum lot area per unit requirements regardless of location. Any building
containing a conforming use may be torn down and rebuilt to its present density or to the
allowed density in the RS-8 Zone, provided that it conforms to all other provisions of this
Title. This provision does not exempt a property from compliance with other dimensional
standards, site development standards, use regulations, or any subsequent amendments
to this Title that pertain to the property.
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Single Family Residential Zones
2. The special provision described in paragraph 1., above, does not exempt a property
from compliance with other relevant dimensional standards, site development
standards, use regulations, or any subsequent amendments to t ' Title that pertain
to the property.
D. 0 Family Uses and Attached Single Family Dwellings in e RS-8 Zone
Ex ing Two Family Uses and Attached Single Family Dwellings cated on interior lots in
the -8 Zone thatvv7re co~forming withr7~ard t~..use and 'imum lot area per unit
requir ents as of (d~y:priohtri'~~option.ofnew c;9~e) shall e considered conforming
with reg d to use and minimum lot area per unit requirem nts regardless of location.
Any buildin containing a conforming use may be torn do n and rebuilt to its present
density or to e allowed density in the RS-8 Zone, prov.' ed that it conforms to all other
provisions of th Title. This provision does not exemp, a property from compliance with
other dimensiona tandards, site development stan ards, use regulations, or any
subsequent amend nts to this Title that pertain the property.
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Article B. Multi-Family Residential Zones
14-28-1 Establishment and Intent of Multi-Family Residential Zones
The full names, short names, and map symbols of the established Multi-Family Residential
Zones are listed below. When this Title refers to the Multi-Family Residential Zones, it is
referring to the zones listed below. When this Title refers to Residential Zones, or R Zones, it is
referring to both the Single Family Residential Zones listed Article 14-2A and the Multi-Family
Residential Zones listed below.
A. Low Density Multi-Family Residential Zone (RM-12)
The purpose of the Low Density Multi-Family Residential Zone (RM-12) is to provide for
the development of high density, single-family housing and low density, multi-family
housing. This zone is intended to provide a diverse variety of housing options in
neighborhoods throughout the City. Careful attention to site and building design is
important to ensure that the various housing types in anyone location are compatible with
one another.
B. Medium Density Multi-Family Residential Zone (RM-20)
The purpose of the Medium Density Multi-Family Residential Zone (RM-20) is to provide for
the development of medium density multi-family housing. This zone is particularly well
suited to locations adjacent to commercial areas and in areas with good access to all City
services and facilities. This zone allows a mix of detached and attached single family
housing, duplexes, and multi-family housing. Careful attention to site and building design
is important to ensure that the various housing types in anyone location are compatible
with one another.
C. Neighborhood Stabilization Residential Zone (RNS-20)
The purpose of the Neighborhood Stabilization Residential Zone (RNS-20) is to stabilize
and preserve the character of older neighborhoods that contain a mix of single family
housing, duplexes, single family structures that have been converted to multi-family
housing, and properties that have been redeveloped with multi-family housing. Higher
density multi-family uses that were conforming prior to rezoning to RNS-20 remain
conforming when rezoned to RNS-20. Conversions and redevelopment may occur up to
the density allowed in this zone.
D. High Density Multi-Family Residential Zone (RM-44)
The purpose of the High Density Multi-Family Residential Zone (RM-44) is to establish
areas for the development of high density, multi-family dwellings and group living
quarters. Properties zoned RM-44 should be located with good access to all City services
and facilities, including public transportation services. Vehicular access and parking should
be designed carefully to ensure efficient traffic and pedestrian circulation on adjacent
streets. Due to the high density permitted in this zone, careful attention to site design is
expected to ensure that buildings are compatible with surrounding land uses and that a
quality living environment will be maintained over time.
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E. Planned High Density Multi-Family Residential Zone (PRM)
The purpose of the Planned High Density Multi-Family Residential Zone (PRM) is to provide
for development of high density multi-family housing in close proximity to centrally located
employment, educational, and commercial uses. Because of the high density of
development anticipated in this zone, special consideration of building and site design is
required. Density bonuses may be granted when additional amenities are provided.
Establishing a pleasant, safe and efficient pedestrian environment is important, since many
of the City's primary destinations are within walking distance of properties zoned PRM.
14-2B-2 Land Uses Allowed
A. Determining the Principal Uses Allowed
1. Table 2B-1 indicates whether a principal land use is permitted (P), allowed with
provisions (PR), or allowed by special exception (S) in a particular multi-family
residential zone.
2. Specific land uses are grouped into the categories and subgroups listed in the table.
For example, a rooming house is classified as Independent Group Living. To find out
how a specific land use is categorized see Article 14-4A, Land Use Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in
Article 14-4B, Minor Modifications, Variances, Special Exceptions and Provisional
Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The approval criteria for special exceptions are stated in Article
14-4B.
B. Accessory Uses Allowed
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
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Table2B-1 - Pri!lci al Uses AUowedin MultH=amil<ResidentiaIZones .
USE CATEGORIES SUBGROUPS RM-12 RM.20 RNS.20 RM-44 PRM
Residential Uses
Household Living Uses Detached Sinale Familv Dwellin-as P P P
Detached Zero Lot Line Dwellinos PR PR PR
Attached Sinale Familv Dwellinas PR PR PR
OUDiexes PR PR PR
Grouo Households PR PR PR PR PR
Multi.familv Dwellinns P P P P P
Group living Uses Assisted Grou Uvin S PR PR PR PR
Indenendent Groun livinn PR PR PR
Fraternal Groun Uvinn PR PR PR PR
Commercial Uses
Eating and Drinking
Establishments
Office Uses General Office
MedicaVDental Office
Retail Uses Sales~oriented
Personal Service-oriented S
Renair-oriented
Hosnitalrtv.Oriented Retail PR PR
Outdoor Storage and Display-
oriented
Institutional And Civic Uses
Community Service General Community Service S S S S S
Uses CommunliV Service - Shelter S S S S S
Davcare Uses PR PR PR PR PR
Educational Facilities General PR PR PR PR PR
80ecialized PR
Parks and Open Space PR PR PR PR PR
Uses
ReljgiO~~~rivate Group PR PR PR PR PR
Assemb Uses
Other Uses
Communication PR PR PR PR PR
Transmission Facility
Uses
P = Permitted PR = Provisional S = Special Exception
14-28-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title and, if applicable, the Overlay Zone
provisions contained in Chapter 14-3. Said Chapters are indicated as follows:
A. Overlay Zones
1. Planned Development Overlay
See Article 14- 3A
2. Historic District and Conservation District Overlay
See Article 14-3B.
3. Design Review
See Article 14- 3C.
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B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-46.
2. Accessory Uses and Buildings
See Article 14-4C.
3. Temporary Uses
See Article 14-4D.
4. Nonconforming Situations
See Article 14-4E.
C. Site Development Standards
1. Off-Street Parking and Loading Standards
See Article 14-5A.
2. Sign Regulations
See Article 14-56.
3. Access Management Standards
See Article 14-5C.
4. Intersection Visibility Standards
See Article 14-5D.
5. Landscaping and Tree Standards
See Article 14-5E.
6. Screening and Buffering Standards
See Article 14-5F.
7. Outdoor Lighting Standards
See Article 14-5G.
8. Performance Standards
See Article 14-5H.
9. Sensitive Lands and Features
See Article 14-51.
10. Flood Plain Management Standards
See Article 14-5J.
11. Neighborhood Open Space Requirements
See Article 14-5K.
14-28-4 Dimensional Requirements
The dimensional requirements for the Multi-Family Residential Zones are stated in Table 26-2,
located at the end of this Section. Each of the following subsections describes in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Table 26-2. Approval criteria for these uses are addressed in Article 14-46. Dimensional
requirements may be waived or modified for developments approved through the Planned
Development process (See Article 14-3A, Planned Development Overlay) or through the Historic
Preservation Exception as outlined in the Special Provisions Section at the end of this Article.
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A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met. The lot area per dwelling unit standards control the intensity of use
on a lot to ensure consistency and compatibility of new dwellings with the
surrounding development.
2. Standards
Generally, the minimum lot area and width standards for the various Multi-Family
Residential Zones and for specific residential uses are stated in Table 26-2, located at
the end of this Section.
3. Minimum Lot Requirements for Specific Land Uses.
a. Provisional Uses and uses allowed by Special Exception may have specific lot
size requirements not specified in Table 26-2. Approval criteria for these uses
are addressed in Article 14-46.
b. If a minimum lot size is specified within a Zone for a particular land use or
dwelling type, whether Permitted, Provisional or a Special Exception, that use or
dwelling type may not be established on a smaller lot, even if smaller lots are
permitted in the subject base zone, except as permitted under Article 14-4E,
Nonconforming Situations.
c. The Single Family Density 60nus Options for the RS-12 Zone, as specified in
Section 14-2A-7, may be applied to Detached Single Family Dwellings and
Detached Zero Lot Line Dwellings located in the RM-12 and RM-20 Zones. If the
Single Family Density Bonus Options have been applied, the minimum lot area,
lot area per unit, lot width and lot frontage requirements may be reduced
accordingly.
B. Minimum Setback Requirements for Principal Buildings
1. Purpose
The minimum setback requirements are intended to:
a. Maintain light, air, separation for fire protection, and access for fire fighting;
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in the City's
neighborhoods;
d. Promote a reasonable physical relationship between buildings; and
e. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in Multi-Family
Residential Zones are stated in Table 26-2, below. The minimum setbacks for
principal buildings create required setback areas within which principal buildings are
not allowed, except for certain building features as specified in this subsection.
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3. Specific Setback Requirements
The following subparagraphs contain principal building setback requirements that
apply in specific situations.
a. Setbacks Along Arterial Streets
(1) On lots platted after December 31, 1983, a minimum 40-foot front setback
is required along any lot line that abuts an arterial street or future arterial
street as shown on the Iowa City Arterial Street Map, located in Article 14-
5C, Access Management Standards.
(2) If a lot is located along an arterial street that is substandard with regard to
the width of the public right-of-way as specified in Title 15, Subdivisions,
then the minimum 40-foot front setback along said street is increased by
the number of additional feet that will berequired for future upgrade of
said street to City standards. Lots platted prior to December 31, 1983 are
exempt from this requirement. In addition, setback averaging may apply in
certain circumstances (See subparagraph e., below).
b. Lots with Multiple Frontages
(1) On corner lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangle, as set forth in Article
14-5D, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must be provided
along all streets and such setback will be considered a front setback for
purposes of this Title.
c. Lots with Multiple Buildings
The principal buildings on a lot must be separated by a horizontal distance of at
least 10 feet. Buildings containing residential uses must be designed to
preserve privacy. This can be achieved by placement of windows to prevent
direct views into the windows of adjacent residential dwelling units. In addition,
balconies and air conditioning units may not be located along a building wall
that is within 20 feet of a building wall of an adjacent principal building on the
same lot, if the wall of the adjacent building contains window or door openings
into dwelling units. Proximity of building walls will be subject to all current
Building Code fire protection requirements.
d. Overlay Zones and Special Districts
If specific setbacks have been established in a Historic or Conservation District,
a Planned Development, or in the Central Planning District, those setbacks
supercede the setback requirements of the base zone. For properties located in
a Historic or Conservation District refer to Article 14-3B and also the applicable
setback provisions in the Iowa City Historic Preservation Handbook. For a
property located in a Planned Development Overlay Zone refer to the approved
Planned Development Overlay Plan for the subject property. For Two Family
Uses, Multi-Family Uses, Group Living Uses, and Institutional/Civic Uses located
on property in the Central Planning District, refer to the applicable setback
provisions in Section 14-2B-6, Multi-Family Site Development Standards.
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e. Setback Averaging
(1) Where at least 50 percent of the lots along a frontage have been
developed and all of these developed lots are occupied by principal
buildings that are located at least 5 feet further from the street than the
required front setback, the required front setback along the frontage is
increased to the equivalent of the setback of the building closest to the
street. (See Figure 2B.1, below)
Figure 28.1 - Setback Averaging (1)
'--1---1---1--1
I Building closest I 1 I 1
1 to the street I I I 1
1 01 'D'
I I 1 1
5' Increased Front Setback
L Required Front Setback I I I
_ _ -1 _...L _1_ -1. _ L _ _--.J
(2) Where at least 50 percent of the lots along a frontage are occupied by
principal buildings that are located closer to the street than the required
front setback, the front setback may be reduced to the average of the
respective setbacks on the abutting lots. Only the setbacks on the lots that
abut each side of the subject property along the same street may be used
to calculate the average. Setbacks across the street or along a different
street frontage may not be used. When one abutting lot is vacant or if the
lot is a corner lot, then the average is based on the setback of the principal
building on the nonvacant lot and the required setback for the zone in
which the lot is located (See Figure 2B.2, below).
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Multi-Family Residential Zones
Figure 28.2 - Setback Averaging (2)
i--""l---i--l
I A I B I C I
I L~ct I I
1 ~~=I I
1 171.7_ I 1
I::rlaB
i--""l---i--l
I D I ~d 1 F 1
I lB;ctsti~~ I I
I ~~~ I V<crt I
I 11211i- 1 I
I::rlaE
L
5_
10_ 1SRlcJ.ire:l
Frai_
10_
1SRleJ.jrej
Fnrt_
i--T--""l
G H
I I (Average at 1
I I Existing Setback 1
of Lot G and
I flequlred Setba,
I for Lot H)
I 112112' Setback I
for Lot E
I-
W
w
0:
I-
0)
10' Setback
STREET
15' Required
Front Setback
I
4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
setback area, subject to the conditions indicated and provided that location of such a
feature does not violate the provisions of Article 14-5D, Intersection Visibility
Standards. The setback regulations for detached accessory structures and structures
not considered part of the principal building are addressed in Article 14-4C, Accessory
Uses and Buildings.
a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet intothe required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feet from any side lot
line.
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
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4C, Accessory Uses and Buildings. Covered porches, covered decks, and
covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings.
c. Fire escapes may extend into any setback, provided they do not extend more
than 3 feet into any side setback.
d. Stairways that function as the principal means of access to dwelling units
located above the ground or first floor of a building may not extend into any
required setback.
e. Stoops and wheelchair ramps that function as a means of access to the ground
or first floor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 3 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5. Adjustments to Principal Building setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor
Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback requirements if the owner or lawful occupant of
a property demonstrates that the general special exception approval criteria set
forth in Article 14-4B and the following specific approval criteria have been
satisfied:
(1) The situation is peculiar to the property in question;
(2) There is practical difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
C. Building Bulk Standards
1. Maximum Height
a. Purpose
The height regulations are intended to promote a reasonable building scale and
relationship between buildings; provide options for light, air, and privacy; and
discourage buildings that visually dominate other buildings in the vicinity.
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b. General Standards
Generally, the maximum height standards for structures in Multi-Family
Residential Zones are stated in Table 2B-2. This table is located at the end of
this Section. Height standards for accessory buildings are addressed in Article
14-4C, Accessory Uses and Buildings.
c. Specific Standards
(1) In the Multi-Family Zones, if any portion of a building is within 15 feet of a
Single Family Residential Zone boundary, then the portion of the building
located within 15 feet of said zone may not exceed 2-1/2 stories in height.
(2) In the RM-12, RM-20, and RNS-20 Zones, if any portion of a Two Family
Use, Multi-Family Use, Group Living Use, or Non-residential Use is located
within 15 feet of a property that contains an existing Single Family Use,
then the portion of the building located within 15 feet of said property may
not exceed 2-1/2 stories in height.
d. Exemptions
If allowed in the subject zone, the following structures or parts thereof are
exempt from the height limitations set forth in the zones indicated, provided an
increase in height does not conflict with Chapter 14-6, Airport Zoning.
(1) Chimneys or flues.
(2) Spires on religious or other institutional buildings.
(3) Cupolas, domes, skylights and other similar roof protrusions not used for
the purpose of obtaining habitable floor space.
(4) Farm structures, including barns, silos, storage bins and similar structures
when accessory to an allowed Agriculture Use.
(S) Flagpoles that extend not more than 10 feet above the height limit or not
more than 5 feet above the highest point of the roof, whichever is less.
(6) Parapet or fire walls.
(7) Poles, towers and other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
(8) If allowed in the subject zone, Basic Utilities and Communication
Transmission Facilities are exempt from the base zone height standards,
but are subject to any limitations placed by the Board of Adjustment.
(9) Roof structures, including elevator bulkheads, stairways, ventilating fans,
cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
(10}Television antennae and similar apparatus.
e. Adjustment of Height Standards
(1) The maximum height for a principal building may be increased, provided
that for each foot of height increase above the height standard, the front,
side, and rear setbacks are each increased by an additional 2 feet, and
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Multi-Family Residential Zones
provided that an increase in height does not conflict with the provisions of
Chapter 14-6, Airport Zoning.
(2) A Minor Modification may also be requested to adjust the maximum height
for a particular building or property according to the procedures and
approval criteria for Minor Modifications contained in Article 14-46.
2. Minimum Building Width
a. Purpose
The minimum building width requirements promote a reasonable building scale
and relationship between dwellings in a neighborhood.
b. Standards
The minimum building width requirements for principal structures in Multi-
Family Residential Zones are stated in Table 26-2. This table is located at the
end of this Section. A building must be in compliance with the specified
minimum building width for at least 75 percent of the building's length (See
Figure 26.3, below).
Figure 2B.3 - Minimum Building Width
,-----T
I I
I I
I I
I 75%01 I
building
I length I
I. , I
20'
_L____~_
STREET
D. Maximum Lot Coverage Standards
1. Total Building Coverage
a. Purpose
The total building coverage standard helps to define the character of Multi-
Family Residential Zones by limiting the land area that can be covered by
buildings. These standards work in conjunction with the minimum lot
requirements and building bulk standards to determine how built-up a
neighborhood appears.
b. Standard
The total building coverage standards for the various Multi-Family Residential
Zones are stated in Table 26-2, located at the end of this Section. The
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maximum building coverage standard establishes the percentage of the total
area of a lot that can be covered by buildings. The total building area of all
buildings on the property, including both principal and accessory buildings, is
used to calculate the building coverage.
2. Front Setback Coverage
a. Purpose
The front setback coverage standard ensures that a certain portion of the front
setback remains free of impervious surface, which helps to maintain a consistent
and pleasant environment along neighborhood streets. These standards
increase public safety by preventing excessive front yard paving and vehicular
storage that may obscure the principal dwelling and the main entrance from
view of the street. In addition, this standard helps to prevent neighborhood
streets that are dominated by front yard pavement, particularly along frontages
with narrow residential lots.
b. Standard
The maximum front setback coverage standard for the Multi-Family Residential
Zones is stated in Table 26-2, located at the end of this Section. The table lists
the maximum percentage of the required front setback that may be covered by
impervious surface, including driveways, walkways, patios, decks, and other
paved areas. Front setback coverage may not exceed the percentage indicated
in Table 26-2.
c. Exception.
A Special Exception may be requested to increase the allowed front setback
coverage. The Board of Adjustment may adjust the front setback coverage
standard if the owner or lawful occupant of a property demonstrates that the
general special exception approval criteria and the following specific approval
criteria have been satisfied:
(1) The lot is of an irregular shape or contains severe topography, such that
there is practical difficulty meeting the front setback coverage standard.
(2) The applicant has demonstrated that every effort has been made to design
buildings, paved areas, and vehicular use areas to meet the front setback
coverage standard. Such efforts include reducing the width of driveways,
reducing paved areas and size of garages and providing altemative means
of vehicular access to the property. If vehicular access to an alley or
private rear lane is available, the front setback coverage standard may not
be increased.
(3) Granting the exception will not be contrary to the purpose of the front
setback coverage regulations.
(4) Any potential negative effects resulting from the exception are mitigated to
the extent practical.
33
. ------~,-_._-----"-_._~----_.-.~.._---_._._..._--_._-'.--.,-----,.--
City Council - Final Draft
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14-2B
Multi-Family Residential Zones
" ,.. .- ,
Ii Ii,"',! 0 W,; c:.....i.,;.:,."
:~~f";-..l!3y::':),i
.~:}&o. .I'()n:',;",'i
..........;))!, ~.i i/ 'I Ii ;'x/+/~ :i;\$~lbat1<\:
...;; :s: B'.. ". f/i"0~~~, I:'.:;!,.))~\ irjg~ U I :,.,.";,lf1y";..,."~,,,t~r,,,
'./ .e"..",:?;;;'..:... 'ilih~!' .w9~~fiig.... {~e~~ra~~I~;
..,'~..,";.
RM-12 Detached SF
and Detached 5,0007 5,000' 55' 40' 15' 5+22 20 35' 203 50% 50%
Zero Lot Line
Duplex 6,000 3,000 55 40 15' 5+22 20 35' 20' 50% 500/0
Attached SF 3,000 3,000 20/28' 20 15' 0/10' 20 35' n/a 50% 50%
Multi-Family 8,175 2,725 60 40 20 5+22 20 35' 20' 50% 50%
Group Living 8,175 See Art. 60 40 20 5+22 20 35' 203 50% 50%
4B
Non-residential1 5,000 5,000 60 40 20 5+2' 20 35' 20' 50% 50%
RM-20 Detached SF 35'
and Detached 5,000' 5,000' 55' 40' 15' !)+2Z 20 20' 50% 50%
Zero Lot Une
Duplex 3,600 1,800 45 35 15' 5+2' 20 35' 20' 50% 50%
Attached SF 1,800 1,800 20/28' 20 15' CliO' 20 35' n/a 50% 50%
Multi-Family 5,000 1,800 60 40 20 5+22 20 35' 20' 50% 50%
Group Living 5,000 See Art, 60 40 20 5+22 20 35' 20' 50% 50%
4B
Non-residential' 5,000 n/a 60 40 20 :;+22 20 35' 20' 50% 50%
RNS-20 Detached SF 35'
and Detached 5,0007 5,000' 40' 25' 15' E'+22 20 20' 45% 50%
Zero Lot Line
Duplex 5,000 2,500 40 25 15' b+22 20 35' 20' 45% 50%
Attached SF 2,500 2,500 20/28' 20 15' OliO' 20 35' nla 45% 50%
Multi-Family 5,000 1,800' 40 25 20 5+22 20 358 20' 45% 50%
Group Living 5,000 See Art, 40 25 20 5+22 20 358 20' 45% 50%
4B'
Non-residential1 5,000 n/a 40 25 20 ::+22 20 358 20' 45% 50%
RM-44 Multi-Famity 5,000 1,000 none 35 20 ~+22 20 35' 20' 50% 50%
Group Living 5,000 See Art. 35 20 S+22 20 35' 20' 50% 50%
48 none
Non-residential' 5,000 nla none 35 20 ::+22 20 358 203 50% 50%
PRM Multi-Family 5,000 875 none 35 20 ::+22 5+22 35' 20' 50% 50%
Group Living 5,000 See Art. 35 20 :;+22 5+22 358 20' 50% 50%
4B none
Non-residential' 5,000 n/a none 35 20 :i+2z 5+22 35' 20' 50% 50%
Notes: n/a = not applicable
'Non-residential uses must comply with the standards listed in this table unless specitied otherwise in 14-48, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses.
2 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story Detached Zero Lot Line Dwellings must comply with the
applicable side setback standards in Article 14-4B.
, A building must be in compliance with the specified minimum building width for alleast '5 percent of the buitdlng's length.
4 See applicable side setbacks for Attached SF as provided in Article 14-46, Minor Modifications, Variances, Special Exceptions, and Provisional Uses.
5 The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal dwelling
must be set back at least 25 feet, On a!llots, garages, both attached and detached, must be set back as specified in Article 14-4C, Accessory Uses
and Buildings.
o Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are attached,
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Multi-Family Residential Zones
lols musl be 28 feel wide.
'If Ihe Single Family Density Bonus Oplions have been applied, Ihe minimum 101 area, 101 area per unit, 101 widlh and 101 fronlage requirements may be
reduced accordmgly (See Seclion 14-2B4A, Minimum Lol Requiremenls).
'Additional heighl reslriclions may appiy on properties adjacent 10 Single Family Zones cr Single Family Uses (See Subseclion 14-2B4C, Building
Bulk Regulalions)
9See the Special Provisions of this Article regarding minimum lot area per unit requirements in the RNS-20 Zone.
14-28-5 Maximum Occu anc for Household Livin Uses
The residential occupancy of a Household Living Use is limited to one "household" per dwelling
unit, as this term is defined in Article 14-9A, General Definitions.
14-28-6 Multi-Famil Site Development Standards
A. Purpose
The Multi-Family Site Development Standards promote safe, attractive, pedestrian-friendly
neighborhoods by preventing expanses of concrete, blank walls and parking lots along
street frontages; controlling the building bulk; screening unsightly features; ensuring that
pedestrian entrances are visible and clearly identifiable from the street; and minimizing
potential conflicts between pedestrians and automobiles.
B. Applicability
1. The standards of this Section apply to all Multi-Family Uses, Group Living Uses, and
Institutional/Civic Uses located in Residential Zones and in the Central Planning
District (See Central Planning District Map, below).
2. Single Family Uses and Two Family Uses located in a Multi-Family Zone must comply
with the Single Family Site Development Standards specified in Article 14-2A, Single
Family Residential Zones. Two Family Uses located in the Central Planning District
must also comply with the provisions of subsection 14-2B-61, Additional Standards in
the Central Planning District, which will be administered through the Design Review
process, as set forth in Article 14-8B, Administrative Approval Procedures.
3. For properties located in the RM-12, RNS-20, RM-20, and RM-44 Zones outside the
Central Planning District, the standards in this Section will be administered through
the Site Plan Review Process, as set forth in Title 18. For properties located in the
Central Planning District and the PRM Zone the regulations of this section will be
administered through the Design Review process as set forth in Article 14-8B,
Administrative Approval Procedures.
4. For properties located in a Historic or Conservation District Overlay Zone, the
standards of this Section will be administered concurrently with review of the
proposed development by the Historic Preservation Commission. If the provisions of
the Historic or Conservation District Overlay Zone conflict with the provisions of this
Section, the provisions of the Historic or Conservation District Overlay Zone will
supercede the provisions of this Section.
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Multi-Family Residential Zones
Central Planning District
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City Council- Finol Draft
12/08/05
14-2B
Multi-Family Residential Zones
C. Location and Design Standards for Surface Parking and Detached Garages
1. Location
Surface parking, parking within accessory structures, and loading areas must be
located behind principal building(s) and concealed from view of fronting streets.
Parking and loading areas may not be located directly between a principal building
and the street or within the required side setback area. Any portion of a parking or
loading area that is not completely concealed from view of a fronting street must be
screened to the 52 standard (See Figure 26.4 and 26.5, below).
Figure 2804 - Location of surface parking for properties with a single building
S2KfMOlng
Street Street
Unacceptable Acceptable
~ ' ... '-~ .....
Street
Acceptable
.1 j
'"
~'li.
Street
Acceptable
Figure 28.5 - Location of parking for properties with multiple buildings
'"
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en
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Street
Street
"
E
en
d
Acceptable
Acceptable
Unacceptable
Street
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Multi-Family Residential Zones
2. Aisles and Drives
A non-hard surfaced drive or aisle may not be located closer than 3 feet to a lot line,
except at the point of access with a street, alley, or private rear lane. Hard-surfaced
drives must be set back at least 3 feet from any side or rear lot line, except under the
following circumstances:
a. The drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property; or
b. A drainage course has been established along lot lines to handle storm water
runoff; or
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting lot; or
d. At the point of access with an alley or private rear lane.
3. Landscape buffering
a. A buffer area at least 10 feet in width and landscaped to at least the S2
standard must be provided between any parking area and adjacent properties
and between any parking area and street rights-of-way (See Article 14-5F,
Screening and Buffering Standards). The City may exempt from this landscaping
requirement any specific locations along a side or rear lot line where a parking
area, aisle or drive is shared with an abutting lot.
b. A buffer area at least 5 feet in width and landscaped to the 51 standard must be
provided between any parking area containing more than 8 parking spaces and
an adjacent alley.
c. No parking area or drive shall be closer than 10 feet to any portion of a building
other than a garage entrance or loading area apron. This lO-foot area must be
used for walkways and landscaping consisting of at least 50 percent vegetative
coverage. If parking spaces are located where headlights of vehicles shine onto
a wall containing ground level windows, said parking spaces must be screened
from view of the windows to at least the 52 standard.
D. Building entrances for Multi-Family and Group Living Uses
1. For Residential Uses, buildings must have at least one door on the exterior of the
building that provides pedestrian access to dwelling units within the building. Access
to dwelling units must not be solely through a parking garage.
2. When a lot contains one principal building, the building must be oriented such that at
least one fa<;ade faces a publiC or private street. The street-facing facade must have
at least one main entrance to the building, or may contain separate main entrances
to ground level dwelling units. If the building is located on a corner lot, only one wall
must meet this requirement.
3. When a lot contains two or more principal buildings, the buildings must be oriented
towards a public street, private street, or interior courtyard. Any building with a
street-facing fa<;ade must have at least one main entrance oriented toward the street.
Buildings located interior to a lot must have main entrances that are clearly visible
from interior private streets/drives or surface parking areas.
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Multi-Family Residential Zones
4. Main entrances to a building, including main entrances to ground level individual
dwelling units must be clearly demarcated by a one of the following means (See
Figure 2B.6, below):
a. Covered porch or canopy;
b. Transom and sidelight windows;
c. Pilasters and pediment;
d. Other significant architectural treatment that emphasizes main entrances.
Simple trim around the doorway does not meet this standard.
Figure 28.6 - Main Entrances
a. Canopy
a. Porch
b. Transom &
sidelight windows
c. Pilasters &
pediment
5. Patio-style doors, such as sliding glass doors, may not be used for main entrance
doors.
6. To provide for the safety of residents, access to entrance doors of any individual
dwellings units located above the ground level must be provided from an enclosed
lobby or corridor and stairwell. Unenclosed or partially enclosed exterior stairwells
may not be used as the primary means of access to upper level units. This provision
does not preclude the use of fire escapes.
7. A pedestrian circulation system must be provided that connects residential entrances
to adjacent publi.c rights-of-way, and to parking areas and other on-site facilities.
E. Building scale
1. In the RM-12, RM-20, RNS-20, RM-44, and PRM Zones outside the Central
Planning District
Street-facing walls that are greater than 50 feet in length must be articulated with
bays, projections, or recesses (See Figure 2B.7, below) according to the following
standards:
a. Bays and projections must be at least 6 feet in width and at least 16 inches, but
not more than 6 feet in depth. Recesses must be at least 6 feet in width and
have a depth of at least 16 inches.
b. The bays, projections, and recesses must have corresponding changes in the
roofline or, alternatively, must be distinguished by a corresponding change in
some other architectural element(s) of the building, such as a change in exterior
wall materials, a change in window pattern, the addition of balconies, variation
in the building and/or parapet height; or variation in architectural details, such
as decorative banding, reveals, stone or tile accents.
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Multi-Family Residential Zones
Figure 2B.7 - Building Articulation
BBBBBBBBB
B888 888
Unacceptable
Acceptable
ml!fl
ml!fl
m
m
Acceptable
Acceptable
2. In the Central Planning District
The width of the front facade of new buildings must be no more than 40 feet.
Buildings may exceed this limitation if the street-facing plane of the building is broken
into horizontal modules that give the appearance of smaller, individual buildings (See
Figure 2B.8, below) Each module must meet the following standards:
a. Each module must be no greater than 30 feet and no less than 10 feet in width
and must be distinguished from adjacent modules by a variation in the wall
plane of at least 16 inches in depth. For buildings that are 3 or more stories in
height, the width of the module may be increased to 40 feet.
b. Each module must have a corresponding change in the roofline.
c. Each module must be distinguished from the adjacent module by at least one of
the following means:
(1) Variation in material colors, types or textures;
(2) Variation in the building and/or parapet height;
(3) Variation in the architectural details such as decorative banding, reveals,
stone, or tile accents;
(4) Variation in window pattern.
(5) Variation in the use of balconies and recesses.
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14-2B
Multi-Family Residential Zones
Figure 2B.8 - Horizontal Modules
I--Module--l
~Existing---l
rMOdu,e--! !-MOdulel
New MF Building
~Module-l
!--Existing--!
F. Balconies and exterior stairways, corridors and lifts
Balconies and exterior stairwells, exterior corridors and exterior lifts must comply with the
following standards:
1. Exterior stairwells, exterior corridors, and exterior lifts are prohibited in the PRM
Zone. In other zones, exterior stairwells, lifts and corridors must be covered with a
roof similar in design and materials to the roof over the rest of the structure. Said
roof should be incorporated into the overall roof plan of the structure. Alternatively,
such features may be recessed into the fa<;ade of the building. Exterior corridors may
not be located on a street-facing wall of the building or within 20 feet of a street-
facing wall.
2. Balconies, exterior stairwells, lifts and corridors may not be located on any side of a
building that is adjacent to a property that is zoned Single Family Residential or that
contains an existing Single Family Use. Buildings that are set back at least 40 feet
from any such property are exempt from this standard.
3. The design of any balcony, exterior stairwell, lift or corridor must utilize columns,
piers, supports, walls, and railings that are designed and constructed of materials
that are similar or complementary to the design and materials used for the rest of the
building.
Figure 2B.9 - Balconies, exterior corridors
Unacceptable
Acceptable
Acceptable
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Multi-Family Residential Zones
G. Building materials
1. In the Central Planning District, the exterior wall material of a building must consist
of clapboard-style siding, wall shingles, brick, stone, or stucco.
2. In the PRM Zone, the exterior walls of the ground level floor of a building must be
constructed with a masonry finish, such as fired brick, stone, or similar material, not
including concrete blocks and undressed poured concrete. Masonry may include
stucco or like material when used in combination with other masonry finish.
3. In the Central Planning District and in the PRM Zone, buildings not constructed of
masonry or stucco, must have the following trim elements incorporated into the
exterior design and construction of the building.
a. Window and door trim that is not less than 3 inches wide.
b. Comer boards that are not less than 3 inches wide, unless wood clapboards are
used and mitered at the corners.
c. Frieze boards, not less than 5 inches wide, located below the eaves.
Figure 2B.10 - Building Materials
Masoory
b...
Frieze board
Comer board
Wmdow trim
4. Any portion of a building that is clearly visible from the street must be constructed
using similar materials and design as the front fa!;ade.
5. Exterior walls of buildings that are not predominantly masonry or stucco, must have a
durable base consisting of masonry, stucco, or dressed concrete that extends at least
2-feet in height above grade. If the base consists of concrete, it must have a
decorative face.
6. Exposed, unpainted or unstained lumber may not be used along any fa!;ade that
faces a street-side lot line.
7. Where an exterior wall material changes along the horizontal plane of a building, the
change must occur on an inside corner of the building.
8. For buildings where the exterior wall material used on the side of a building is a
different material than what is used on the street-facing wall, the street-facing wall
material must wrap around the corners to the sides of the building for at least 3 feet.
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14-2B
Multi-Family Residential Zones
9. Where an exterior wall material changes along the vertical plane of the building, the
materials must be separated by a horizontal band, such as a belt course, soldier
course, band board or other trim to provide a transition from one material to the
other.
Figure 58.11 - Changes in exterior wall materials
I>
~
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~
Horizontal
baod
"
/<:;
-- /'. ,
/,/// ,",'
Acceptable
Acceptable
Unacceptable
H. Mechanical Equipment/Utility Meters
In no case shall mechanical equipment or utility meters be located along the street side of
a building. Mechanical structures must be set back and screened according to the
applicable provisions set forth in Article 14-4C, Accessory Uses and Buildings.
I. Additional Standards in the Central Planning District
1. Front Setbacks
The front setback for new buildings must not deviate more than 5 feet from the
average setback of existing principal buildings along the same frontage. A new
building may not be located closer to the street than the existing principal building
that is closest to the street along the same frontage. This setback standard
supercedes the setback standards of the base zone.
2. Windows and Fenestration
Individual window units that are visible from a public or private street and that are
located in primary living spaces, such as living rooms, dining areas, and bedrooms,
must have a height that is at least 1. 5 times greater than the width of the window
unit. Individual window units may be located side-by-side in a wider window
opening. Bathroom, kitchen, skylights, and decorative windows, such as stained-glass
and ocular windows, are not required to meet this standard.
Figure 28.12 - Windows
width
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~
.~
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14-2B
Multi-Family Residential Zones
3. Architectural style
The purpose of requiring an architectural style is to ensure that the mass, roof form,
window style and configuration, and the basic architectural details of a building are
generally compatible with the historic character ofthe Central Planning District. From
the street, new buildings should appear similar to a large house or a small historic
apartment building.
a. The following architectural elements must be consistent with a historic
architectural style typical of residential buildings in the Central Planning District.
(1) Form and mass of the building;
(2) Roof configuration and pitch;
(3) Window style and pattern;
(4) Window and door trim, eave boards, frieze boards, and other trim;
(5) Porch and entrance features;
(6) Building details and ornamentation.
b. Detailed information regarding historic residential building styles is available in
the Iowa City Historic Preservation Handbook. The Design Review Committee
and the Historic Preservation Commission will use this information as a means to
evaluate new buildings in the Central Planning District.
c. Alternative designs that have been prepared by a licensed architect may be
acceptable and will be reviewed on a case-by-case basis.
J. Minor Modifications
A minor modification to adjust or waive speCific provisions of this Section may be
requested in either of the qualifying situations listed in the paragraphs below. Such
requests will be reviewed jointly by the Design Review Committee, the Director of Planning
and Community Development, and the Building Official according to the procedures for
Minor Modifications as set forth in Article 14-8B and must meet the following approval
criteria. The following approval criteria are to be applied in lieu of the general approval
criteria listed in Section 14-4B-1, Minor Modifications.
1. Qualifying Situation: The configuration of the lot or other existing physical condition
of the lot makes the application of a specific standard impractical. In such a case, the
applicant must demonstrate that the following approval criteria are met:
a. The applicant must provide evidence that the configuration of the lot, the
topography, or other physical characteristic of the property makes the
application of a specific standard of this section impractical. Examples of
situations that may qualify include double-fronting lots, triangular shaped lots,
and steeply sloping lots.
b. The applicant must demonstrate that the proposed alternative design is not
contrary to the intent of the Multi-Family Site Development Standards.
c. The applicant must propose an alternative site or building design that best
meets the intent of the specific standard being modified or waived.
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Multi-Family Residential Zones
d. The requested modification will not be detrimental to the public health, safety,
or welfare or be injurious to other property or improvements in the vicinity and
in the zone in which the property is located.
e. The requested modification does not allow a use or activity not otherwise
expressly authorized by the regulations governing the subject property.
f. The requested modification complies with other applicable statutes, ordinances,
laws and regulations.
2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site
and the surrounding neighborhood. In such a situation, the applicant must
demonstrate that the following approval criteria are met:
a. The applicant proposes an alternative design solution that equally or better
meets the intent of the specific standard being modified or waived.
b. The proposed site and building design is uniquely designed to fit the
characteristics of the site and the surrounding neighborhood such that it equally
or better meets the purpose of the Multi-Family Site Development Standards.
c. The requested modification will not be detrimental to the public health, safety,
or welfare or be injurious to other property or improvements in the vicinity and
in the zone in which the property is located.
d. The requested modification does not allow a use or activity not otherwise
expressly authorized by the regulations governing the subject property.
e. The requested modification complies with other applicable statutes, ordinances,
laws and regulations.
14-2B-7 PRM Zone Bonus Provisions
A. Purpose
The PRM Zone Bonus Provisions provide an incentive for developments to incorporate
features that provide a public benefit and also encourage excellence in architectural
design.
B. Application
The bonus provisions will be administered through the Design Review Process as set forth
in Article 14-8B, Administrative Approval Procedures. Bonuses include allowance of
dwelling units in excess of the density otherwise achievable under the provisions of the
base zone, additional building bulk, and/or reductions of the required setback area.
Bonuses are based on a point system. Points may be awarded for public benefit features
that the Design Review Committee determines are appropriate in design and location.
Bonuses will not be granted for site development features or standards already required by
this Title. Decisions of the Committee may be appealed to the Board of Adjustment. The
number of points allowed for public benefit features and the number of points required per
bonus item are set forth below:
1. Public Benefit Features
a. Materials
Masonry finish on all non-fenestrated areas of walls visible from a public street.
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Multi-Family Residential Zones
For purposes of this provision, "masonry" is defined as fired brick, stone or
similar such materials, not including concrete blocks and undressed poured
concrete. Masonry may include stucco or like material when used in
combination with other masonry finish.
Points aI/owed: 5
b. Open space
The provision of usable open space of a size and at a grade that, at a minimum,
allows passive recreational uses and is accessible to all residential occupants of
the building. Such space may include yards, other than required setback areas,
terraces and rooftop gardens designed and approved for outdoor activities.
Balconies serving individual dwelling units are not eligible for this bonus.
Points aI/owed: 1 per 250 square feet
c. Historic buildings
Rehabilitation of a historically significant building as determined by the survey of
the historic and architectural resources for the vicinity.
Points aI/owed: 7
d. Assisted housing
Dwelling units committed to the City's assisted housing program or some other
affordable housing program approved by the City, provided such units do not
exceed thirty percent (30%) of the total units contained within a building.
Points allowed: 3 per unit
e. Streetscape amenities
The provision of funds for all street furniture, lighting and landscaping
improvements along adjacent street rights-of-way in accordance with an
approved City Streetscape Plan.
Points allowed: 5
f. Landscaping
The provision of additional landscaped areas that are visible from a public
street. Required setback areas and required landscape buffers do not qualify for
bonus points.
Points allowed: 1 per 250 square feet
g. Windows
Installing individual window units that have a height that is at least 1.5 times
greater than the width of the window unit in all primary living spaces, such as
living rooms, dining rooms and bedrooms. Individual window units may be
located side-by-side in a wider window opening. Skylights, windows in
bathrooms and kitchens, and decorative windows, such as stained-glass and
ocular windows, are not required to meet this standard for the building to
qualify for bonus points.
Points allowed: 3
2. Bonus Menu
a. Setback reduction
The front setback may be reduced by a maximum of 50 percent. When
determining the appropriateness of such a reduction, the character of adjacent
development and setbacks will be considered.
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Points required: 7
b. Height increase
The maximum allowed building height may be increased from 35 feet up to a
maximum of 65 feet, provided the portion of building exceeding 35 feet is
stepped back a minimum of 5 feet for each story located above 35 feet to
reduce the appearance of the bulk of the building.
Points required: 7
c. Density bonus
(1) For efficiency apartments, the minimum lot area per unit may be reduced
to five hundred (500) square feet.
Points required: 7
(2) For one bedroom apartments, the minimum lot area per unit may be
reduced to seven hundred (700) square feet.
Points required: 7
(3) For efficiency apartments, the minimum lot area per unit may be reduced
to four hundred twenty (420) square feet.
Points required: 12
(4) For one bedroom apartments, the minimum lot area per unit may be
reduced to four hundred fifty (450) square feet.
Points required: 12
d. Building coverage increase
The maximum building coverage may be increased to sixty five percent (65%).
Points required: 7
14-2B-8 Special Provisions
A. Historic Preservation Exceptions
1. The Board of Adjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this Article or in Chapter 14-5 or
any approval criteria listed in Article 14-4B of this Title that would prevent use or
occupancy of a property designated as an Iowa City Landmark or registered on the
National Register of Historic Places. In addition to the general special exception
approval criteria set forth in Article 14-4B, the following approval criteria must be
met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
2. The Board of Adjustment may grant a special exception to allow a property
designated as an Iowa City Landmark or registered on the National Register of
Historic Places to be adapted and re-used as a Community Service Use, Specialized
Educational Facility, or Hospitality-Oriented Retail Use. In addition to the general
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14-2B
Multi-Family Residential Zones
special exception approval criteria listed in Article 14-48, the applicant must also
meet the following criteria in order for the Board to grant this exception:
a. The exception will help preserve the historic, aesthetic, or cultural attributes of
the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
B. Special Provisions in the Neighborhood Stabilization Residential Zone
1. At the time a property is rezoned to Neighborhood Stabilization Residential (RNS-20),
any uses that were conforming with regard to use and minimum lot area per unit
requirements under the previous zoning designation shall be considered conforming
with regard to use and minimum lot area per unit requirements under the
Neighborhood Stabilization Residential Zone. Any building containing a conforming
use may be torn down and rebuilt to its present density or to the allowed density in
the Neighborhood Stabilization Residential Zone, provided that it conforms to all
other provisions of this Title.
2. The special provision described in paragraph 1., above, does not exempt a property
from compliance with other relevant dimensional standards, site development
standards, use regulations, or any subsequent amendments to this Title that pertain
to the property.
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/2/08/05
14-2C
Commercial Zones
Article C. Commercial Zones
14-2C-1 Establishment and Intent of Commercial Zones
The full names, short names, and map symbols of the established Commercial Zones are listed
below. When this Title refers to the Commercial Zones, it is referring to the zones listed below.
A. Mixed Use Zone (MU)
The purpose of the Mixed Use Zone (MU) is to provide a transition from commercial and
employment centers to less intensive residential zones. The MU Zone pennits a mix of
uses, including lower scale retail and office uses, and a variety of residential uses. This mix
of uses requires special consideration of building and site design.
B. Commercial Office Zone (CO-I)
The purpose of the Commercial Office Zone (CO-1) is to provide specific areas where
office functions, compatible businesses, apartments and certain public and semipublic uses
may be developed in accordance with the Comprehensive Plan. The CO-1 Zone can serve
as a buffer between residential and more intensive commercial or industrial areas.
C. Neighborhood Commercial Zone (CN-l)
The purpose of the Neighborhood Commercial Zone (CN-1) is to promote a unified
grouping of small-scale retail sales and personal service uses in a neighborhood shopping
area; encourage neighborhood shopping areas that are conveniently located and that
primarily serve nearby residential neighborhoods; promote pedestrian-oriented
development at an intensity level that is compatible with surrounding residential areas;
and promote principles of site design, building articulation, scale and proportion that are
typical of traditional main street design. Allowed uses are restricted in size to promote
smaller, neighborhood-serving businesses and to limit adverse impacts on nearby
residential areas. CN-1 Zones are generally located with direct access to an arterial street.
D. Highway Commercial Zone (CH-1)
The purpose of the Highway Commercial Zone (CH-1) is to permit development of service
uses relating to expressways or along arterial roadways. At certain access points, food,
lodging, motor vehicle service and fuel can be made conveniently available to the
thoroughfare user.
E. Intensive Commercial Zone (CI-l)
The purpose of the Intensive Commercial Zone (CI-1) is to provide areas for those sales
and service functions and businesses whose operations are typically characterized by
outdoor display and storage of merchandise, by repair and sales of large equipment or
motor vehicles, by outdoor commercial amusement and recreational activities or by
activities or operations conducted in buildings or structures not completely enclosed. The
types of retail trade in this zone are limited in order to provide opportunities for more land-
intensive commercial operations and also to prevent conflicts between retail and industrial
truck traffic. Special attention must be directed toward buffering the negative aspects of
allowed uses from adjacent residential zones.
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14-2C
Commercial Zones
F. Community Commercial Zone (CC-2)
The purpose of the Community Commercial Zone (CC-2) is to provide for major business
districts to serve a significant segment of the total community population. In addition to a
variety of retail goods and services, these centers may typically feature a number of large
traffic generators requiring access from major thoroughfares. While these centers are
usually characterized by indoor operations, uses may have limited outdoor activities,
provided that outdoor operations are screened or buffered to remain compatible with
surrounding uses.
G. Central Business Service Zone (CB-2)
The Central Business Service Zone (CB-2) is intended to allow for the orderly expansion of
the Central Business District of Iowa City, to serve as a transition between the intense land
uses located in the Central Business District and adjoining areas, to enhance the
pedestrian orientation of the central area of the city, and to provide suitable, peripheral
locations for auto-oriented commercial and service uses. This zone is intended to
accommodate mixed land uses but at a lower intensity than permitted in the other Central
Business Zones.
H. Central Business Support Zone (CB-5)
The purpose of the Central Business Support Zone (CB-5) is to allow for the orderly
expansion of the Central Business District in accordance with the Comprehensive Plan; to
serve as a transition between the intense land uses located in the Central Business District
and adjoining areas; and to enhance the pedestrian orientation of the central area of the
city. This zone is intended to accommodate mixed land uses, but at a lower intensity than
permitted in the CB-10 District. The mixture of land uses permitted in this zone requires
special consideration of building and site design. To control traffic and proVide for the
most efficient use of land and parking facilities, special consideration of the amount and
location of parking areas is also required. To encourage developments that contain
features providing a public benefit, a bonus in floor area ratio or dwelling unit density may
be granted.
I. Central Business Zone (CB-l0)
The purpose of the Central Business Zone (CB-10) is to be the high density, compact,
pedestrian-oriented shopping, office, service and entertainment area in Iowa City.
Development and redevelopment in this zone should occur in compact groupings, in order
to intensify the density of usable commercial spaces, while increasing the availability of
open spaces, plazas or pedestrianways. This zone is intended to accommodate a wide
range of retail, service, office and residential uses. Auto-oriented uses are not permitted,
except as specifically provided. Consolidated off-street loading and service facilities should
be provided wherever practical with access provided from public service alleys or courts. It
is intended that off-street parking facilities be publicly provided and off-street accessory
parking be allowed only as a special exception. Because of the proximity to the University
of Iowa, residential development above the ground floor in this zone is encouraged as a
provisional use.
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14-2C-2 Land Uses Allowed
A. Determining the Principal Uses Allowed
1. Table 2C-1 indicates whether a principal land use is permitted (P), allowed with
provisions (PR), or allowed by special exception (5) in a particular commercial zone. A
number in brackets, such as [1], indicates that a special provision applies. See Table
Notes for more information.
2. Specific land uses are grouped into the categories and subgroups listed in the table.
For example, a florist shop is classified as a Sales-oriented Retail use. To find out
how a specific land use is categorized see Article 14-4A, Land Use Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in
Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with specific approval criteria for most special exception uses.
B. Accessory Uses Allowed
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
!)rQ'\Jie12C~1~;~ririci ,. " ,Oses"\Allo~~a\\ifi ,'pm,merciat~~1>ri~s J :c: ',' ""'r*:: · ".
USE CATEGORIES SUBGROUPS CO-I CN-l CH-l CI.l CC.2 CB-2 CB.5
Residential Uses
,~"".
CB.l0
MU
Household Living Uses Detached Single Family Dwellings P
Detached Zero Lot Line Dwellinas PR
Attached Sin Ie FamilY Dwellin s PR
Duplexes PR
Graue Households PR PR PR PR PR PR PR
Mutti-family Dwellings PR PR S PR PR PRlS P
Group Living Uses Assisted Group Living PR S PR
Independent Group Living
Fraternal Groue Livina
Commercial Uses
AduH Business Uses PR
Animal.related General S PR PR PR PR PR
Commercial Uses Intensive PR
Commercial Recreational Outdoor P P S
Uses Indoor PRlS PR P P P P P P
Commercial Parkin Uses PR PR PR
Eating and Drinking S PRlS P P P P P S
Establishments
Quick Vehicle Servicing S PR PR PR PR PRlS
Uses
Office Uses General Office P PR P P P P P P P
Medical/Dental Office P PR P P P P P P
Retail Uses Sales-oriented PR PR PR P P P P PR
Personal Service.oriented P PR P P P P PR
Repair-oriented P P P P P
Hospitality-Oriented Retail PR PR P P P P P PR
Outdoor Storage and Display- P PR
oriented
Surface Passenger P P P P P
Service Uses
Vehicle Recair Uses PR PR S PR
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<'iTj( 'Ie' G,:;l;;:~rio,ci ,I ses Allowed'inCott!rnefQi
USE CATEGORIES SUBGROUPS CO.I CN-I CH-I
Industrial Uses
CB.ID MU
Industrial Service Uses P
Manufacturing and TechnicaVLiaht Manufacturinn PR PR PR PR PR
Production Uses General Manufacturin PR PR PR PR PR
Heavv Manufacturina S
Salvaoe Ooerations
Self-Service Storage P .
Uses
Warehouse and Freight P
Movement Uses
Waste-Related Uses
Wholesale Sales Uses P PR PR PR PR
Institutional And Civic Uses
Basic Utilitv Uses PRlS PRlS PRlS PRlS PRlS PRlS PRlS PRlS
Community Service General Community Service P S S P P P P S
Uses Community Service - Shelter S S S PR PR S S
Daycare Uses PR PR PR PR PR PR PR PR PR
Detention Facilities S
Educational Facilities General PR P P P PR
Snecialized P PR P P P P PR
Hoscitals PR
Parks and Open Space PR PR PR PR PR PR PR
Uses
ReligiouslPrivate Group PR P P P P PR
AssemblY Uses
Other Uses
Communication PR PR PRlS PRlS PRlS PRlS PRlS PRlS PR
Transmission Facility
Uses
P = Pennitted PR = Provisional S = Special Exception
14-2C-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title, and, if applicable, the Overlay Zone
provisions contained in Chapter 14-3. Said Chapters are indicated as follows:
A. Overlay Zones
1. Planned Development Overlay
See Article 14- 3A.
2. Historic District and Conservation District Overlay
See Article 14-3B.
3. Design Review
See Article 14-3C.
B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-4B.
2. Accessory Uses and Buildings
See Article 14-4C.
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3. Temporary Uses
See Article 14-4D.
4. Nonconforming Situations
See Article 14-4E.
C. Site Development Standards
1. Off-Street Parking and Loading Standards
See Article 14-5A.
2. Sign Regulations
See Article 14-56.
3. Access Management Standards
See Article 14-5C.
4. Intersection Visibility Standards
See Article 14-5D.
5. Landscaping and Tree Standards
See Article 14-5E.
6. Screening and Buffering Standards
See Article 14-5F.
7. Outdoor Lighting Standards
See Article 14-5G.
8. Performance Standards
See Article 14-5H.
9. Sensitive Lands and Features
See Article 14-51.
10. Flood Plain Management Standards
See Article 14-5J.
11. Neighborhood Open Space Requirements
See Article 14-5K.
14-2C-4 Dimensional Requirements
The dimensional requirements for the Commercial Zones are stated in Tables 2C-2(a) and 2C-
2(b), located at the end of this Section. The following subsections describe in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Tables 2C-2(a) and 2C-2(b). Approval criteria for these uses are addressed in Article 14-46.
Dimensional requirements may be waived or modified for developments approved through the
Planned Development process (See Article 14-3A, Planned Development Overlay) or through the
Historic Preservation Exception as outlined in the Special Provisions Section at the end of this
Article.
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met. The lot area per dwelling unit standards control the intensity of use
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Commercial Zones
on a lot to ensure consistency and compatibility Of new dwellings with the
surrounding development.
2. Standards
Generally, the minimum lot area and width standards for the various Commercial
Zones are stated in Tables 2C-2(a) and 2C-2(b), located at the end of this Section.
Most commercial zones do not have minimum lot size or width requirements.
However, for mixed commercial/residential buildings, the number of dwelling units
allowed is based on the size of the lot. In the CO-1 and CC-2 zones, the maximum
residential density in mixed-use buildings is similar to the residential density of multi-
family buildings in the RM-12 zone. In the CN-1 and MU Zones, the maximum
residential density is similar to the residential density of multi-family buildings in the
RM-20 Zone. In the CB-2 Zone the maximum residential density is similar to the
residential density of multi-family buildings in the PRM Zone, but is also limited by the
maximum FAR. The maximum residential density in the CB-5 and CB-lO zone is
limited only by the maximum FAR.
3. Minimum Lot Sizes for Specific Land Uses.
a. Provisional Uses and uses allowed by Special Exception may have specific lot
size requirements not specified in Tables 2C-2(a) and 2C-2(b). Approval criteria
for these uses are addressed in Article 14-4B, Minor Modifications, Variances,
Special Exceptions, and Provisional Uses.
b. If a minimum lot size is specified within a zone for a particular land use or
dwelling type, whether Permitted, Provisional or a Special Exception, that use or
dwelling type may not be established on a smaller lot, even if smaller lots are
permitted in the subject base zone, except as permitted under Article 14-4E,
Nonconforming Situations.
B. Minimum Setback Requirements for Principal Buildings
1. Purpose
The minimum setback requirements are intended to:
a. Maintain light, air, separation for fire protection, and access for fire fighting;
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in the City's
neighborhoods and commercial areas;
d. Promote a reasonable physical relationship between buildings and between
residences; and
e. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in commercial zones
are stated in Tables 2C-2(a) and 2C-2(b), below. The minimum setbacks for principal
buildings create required setback areas within which principal buildings are not
allowed, except for certain building features as specified in this subsection.
3. Specific Setback Requirements
The following subparagraphs contain setback requirements that apply in specific
situations.
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a. Side and Rear Setbacks
In all Commercial Zones, if a side or rear setback is provided where not
required, the side or rear setback must be at least 5 feet. Additional setbacks
may apply if the property is in proximity to a Residential Zone. See
subparagraph d, below.
b. Lots with Multiple Frontages
(l) On comer lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangle, as set forth in Article
14-5D, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must be provided
along all streets and such setback will be considered a front setback for
purposes of this Title.
c. Lots with Multiple Buildings
The principal buildings on a lot must be separated by a horizontal distance of at
least 10 feet. Buildings containing residential uses must be designed to
preserve privacy. This can be achieved by placement of windows to prevent
direct views into the windows of adjacent residential dwelling units. In addition,
balconies and air conditioning units may not be located along a building wall
that is within 20 feet of a building wall of an adjacent principal building on the
same lot, if the wall of the adjacent building contains window or door openings
into dwelling units. Proximity of building walls will be subject to all current
Building Code fire protection requirements.
d. Lots Adjacent to a Residential Zone
Where a side or rear lot line for a lot in a Commercial Zone abuts a Residential
Zone, a setback at least equal to the required setback in the abutting Residential
Zone must be provided along the Residential Zone boundary.
e. Overlay Zones and Special Districts
If specific setbacks have been established in a Historic or Conservation District,
a Planned Development, or in the Central Planning District, those setbacks
supercede the setback requirements of the base zone. For properties located in
a Historic or Conservation District refer to Article 14-3B and also the applicable
setback provisions in the Iowa City Historic Preservation Handbook. For a
property located in a Planned Development Overlay Zone refer to the approved
Planned Development Overlay Plan for the subject property. For Two Family
Uses, Multi-Family Uses, Group Living Uses, and Institutional/Civic Uses located
on property in the Central Planning District, refer to the applicable setback
provisions in Section 14-2B-6, Multi-Family Site Development Standards.
f. Setback Averaging
Where at least 50 percent of the lots along a frontage are occupied by principal
buildings that are located at least 5 feet closer to the street than the required
front setback, the front setback may be reduced to the average of the
respective setbacks on the abutting lots. Only the setbacks on the lots that abut
each side of the subject property along the same street may be used to
calculate the average. Setbacks across the street or along a different street
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14-2C
Commercial Zones
frontage may not be used. When one abutting lot is vacant or if the lot is a
corner lot, then the average is based on the setback of the principal building on
the non-vacant lot and the required front setback for the zone in which the lot is
located (See Figure 2C.l).
Figure 2CI - Setback Averaging
r--,---i--l
I A I B I C I
I l~~1 1
I laWsAlrdC) I I
I 171';_ I 1
fo"L.ctB
r--,---i--l
I D I (~a I F I
I IBG:~=* 1 I
I ~~L.ct~ I V<ort I
I 11211l~ 1 I
IJL.ctE
L
5_
10_ 15R>:j.ira:l
Frai_
10_
15R>:j.ira:l
Frai_
i-G-T-;,
I I (Average of I
I IExisting Setback 1
of Lot G and
I ~equired SetbaCj
I for Lot H)
1 112112' Setback 1
for Lot E
I-
W
w
0::
?-
m
10' Setback
STREET
15' Required
Front Setback
I
4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
setback area, subject to the conditions indicated and provided that location of such a
feature does not violate the provisions of Article 14-50, Intersection Visibility
Standards. The setback regulations for detached accessory structures and structures
not considered part of the principal building are addressed in Article 14-4C, Accessory
Uses and Buildings.
a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
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14-2C
Commercial Zones
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feet from any side lot
line.
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
4C, Accessory Uses and Buildings. Covered porches, covered decks, and
covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings.
c. Fire escapes may extend into any setback, provided they do not extend more
than 3-1/2 feet into any side setback.
d. Stairways that function as the principal means of access to dwelling units
located above the ground or first floor of a building may not extend into any
required setback.
e. Stoops and wheelchair ramps that function as a means of access to the ground
or first floor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 3 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5. Adjustments to Principal Building Setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor
Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback requirements if the owner or lawful occupant of
a property demonstrates that the general special exception approval criteria and
the following specific approval criteria have been satisfied:
(1) The situation is peculiar to the property in question;
(2) There is practical difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
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Commercial Zones
c. Building Bulk Standards
1. Height Standards
a. Purpose
The height regulations are intended to promote a reasonable building scale and
relationship between buildings; provide options for light, air, and privacy; and
discourage buildings that visually dominate other buildings in the vicinity. In the
Central Business Zones, there is a minimum height standard that ensures that
buildings are compatible in scale and that land is used efficiently.
b. Standards
Generally, the maximum and minimum height standards for principal structures
in Commercial Zones are stated in Tables 2C-2(a) and 2C-2(b). This table is
located at the end of this Section. Height standards for accessory buildings are
addressed in Article 14-4C, Accessory Uses and Buildings.
c. Exemptions
If allowed in the subject zone, the following structures or parts thereof are
exempt from the maximum height standards, provided an increase in height
does not conflict with Chapter 14-6, Airport Zoning.
(1) Chimneys or flues.
(2) Spires on religious or other institutional buildings.
(3) Cupolas, domes, skylights and other similar roof protrusions not used for
the purpose of obtaining habitable floor space. .
(4) Farm structures, including barns, silos, storage bins and similar structures
I when accessory to an allowed Agriculture Use.
I
(5) Flagpoles that extend not more than 10 feet above the height limit or not
more than 5 feet above the highest point of the roof, whichever is less.
(6) Grain elevators.
(7) Parapet or fire walls.
(8) Poles, towers and other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
(9) If allowed in the subject zone, Basic Utilities and Communication
Transmission Facilities are exempt from the base zone height standards,
but are subject to any limitations set forth in Article 14-4B, Provisional Uses
and Special Exceptions.
(10) Roof structures, including elevator bulkheads, stairways, ventilating fans,
cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
(11) Stacks.
(12)Storage tanks and water towers.
(13)Television antennae and similar apparatus.
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14-2C
Commercial Zones
cl
d. Adjustment of Maximum Height Standards
(1) The maximum height for a principal building may be increased, provided
that for each foot of height increase above the height standard, the front,
side, and rear setbacks are each increased by an additional 2 feet, and
provided that an increase in height does not conflict with the provisions of
Chapter 14-6, Airport Zoning.
(2) In the CO-1 Zone, principal buildings on lots across the street from RM, C,
or I Zones may be increased in height according to (1), above, except that
an additional front setback need not be provided. The requirement for
additional side and rear setbacks apply. However, the minimum separation
between the building and the front lot line of the lot across the street must
be two feet for each foot of height.
(3) A Minor Modification may also be requested to adjust the maximum height
for a particular building or property according to the procedures and
approval criteria for Minor Modifications contained in Article 14-46.
2. Maximum Floor Area Ratio
a. Purpose
The floor area ratio or FAR regulates how intensely a site may be used. The FAR
provides a means to match the potential amount of use with the desired
character of the area and the provision of public services. The FAR, along with
the height and setback standards, control the overall bulk of development on a
site.
b. Standards
The Floor Area Ratio or FAR listed in Tables 2C-2(a) is the amount of floor area
within the building or buildings on a lot in relation to the amount of lot area,
expressed in square feet. For example, if the maximum FAR is 2, then a lot may
contain up to two square feet of building floor area for everyone square foot of
lot area. Basement and cellar floor area is not included in this calculation.
D. Maximum Lot Coverage Standards
1. Total Building Coverage
a. Purpose
The total building coverage standard helps to define the character of the Mixed
Use Zone by limiting the land area that can be covered by buildings. These
standards work in conjunction with the minimum lot requirements and building
bulk standards to determine how built-up a neighborhood appears.
b. Standard
The total building coverage standard for the MU Zone is stated in Table 2C-2(b),
located at the end of this Section. The maximum building coverage standard
establishes the percentage of the total area of a lot that can be covered by
buildings. The total building area of all buildings on the property, including both
principal and accessory buildings, is used to calculate the building coverage.
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2. Front Setback Coverage
a. Purpose
The front setback coverage standard ensures that a certain portion of the front
setback remains free of impervious surface, which helps to maintain a consistent
and pleasant environment along neighborhood streets. These standards
increase public safety by preventing excessive front yard paving and vehicular
storage that may obscure the principal dwelling and the main entrance from
view of the street. In addition, this standard helps to prevent neighborhood
streets that are dominated by front yard pavement, particularly along frontages
with narrow residential lots.
b. Standard
The maximum front setback coverage standard for the Mixed Use Zone is stated
in Table 2C-2(b), located at the end of this Section. The standard applies only to
residential uses in the MU Zone. The table lists the maximum percentage of the
required front setback that may be covered by impervious surface, including
driveways, patios, decks, and other paved areas. Front setback coverage may
not exceed the percentage indicated in Table 2C-2(b).
c. Exception.
A Special Exception may be requested to increase the allowed front setback
coverage. The Board of Adjustment may adjust the front setback coverage
standard if the owner or lawful occupant of a property demonstrates that the
general special exception approval criteria and the following specific approval
criteria have been satisfied:
(1) The lot is of an irregular shape or contains severe topography, such that
there is practical difficulty meeting the front setback coverage standard.
(2) The applicant has demonstrated that every effort has been made to design
buildings, paved areas, and vehicular use areas to meet the front setback
coverage standard. Such efforts include reducing the width of driveways,
reducing paved areas and size of garages and providing alternative means
of vehicular access to the property. If vehicular access to an alley or
private rear lane is available, the front setback coverage standard may not
be increased.
(3) Granting the exception will not be contrary to the purpose of the front
setback coverage regulations.
(4) Any potential negative effects resulting from the exception are mitigated to
the extent practical.
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Commercial Zones
T!l,ble.2C;?@:~DilT\~nsional Reql!irell)ents for all Commercial Z~IJiiS, excepfth:e Ml!.Zorie . ,..: ..', ,'. "
(;:'~rit~~;'~.}'i ,~:;.~t. ~'I "i,i!,~Y~~~~:i ,f'
CO-1 none 2,725 none none 10 01 01 none 257 none 1 or 33
-.--.
~ ~ 1
CN-1 none 1.800 none none 5
CH-1 none nfa 100 none 10
CI-1 none nfa none none 10
CC-2 none 2.725 none none 10
CB-2 none 875 none none 0
0'
0'
0'
0'
0'
0'
1
1
2
0'
0'
2
CB-5
none
none
none
none
Oar 10'
0'
0'
12
75
25
35
CB-10
none
none
none
none
Oar 10'
0'
0'
12
none
25
10'
Noles:
nfa = nol applicable
1 A side setback or rear setback is not required where the side latline or rear 101 line abuts a nonresidential zone. However, where a side lot
line or rear 101 line abuls a Residential Zone. a selback at least equal to the required setback in the abutting Residential Zone must be
provided along the Residential Zone boundary.
2 Maximum height is 22 feet for one-story buildings, with the following exception. One-story buildings may exceed 22 feet in height if there are
clerestory windows facing the street that give the appearance of second floor space. The maximum height for all other buildings is 35 feet.
J Maximum FAR is 1. except for lots across the street from RM. C, or I Zones. The maximum FAR is 3 for lots across the street Irom RM, C,
or I Zones.
4 A front setback is not required, except for buildings that front on Burlington Street. Buildings must be set back at least 10 feet from the
Burlington Street right-of-way. Building columns supporting upper stories may be located within this 10-toot setback provided an adequate
pedestrian passageway is maintained,
5 Maximum FAR is 3. except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 7.
'Maximum FAR is 10, except lor lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 12.
7 Additional height is allowed under certain circumstances. See Section 14-2C-4C-1 d(2).
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14-2C
Commercial Zones
Table ~q.?(b.): l?iine~5j(!,h:al~equire:m~Jltsfci.f~the Mi*~d,Use ~ol),~(MUJ\_
'~J~L~~lij::;:<j0~j<<i,fl~9~;J;'~t;"
. . Building ': . '-Setback ::
Coverage Coverage
., -',.;h, "',;.",. ..'-, .....,.-",.,.,,_...,'....,~
"(: ?:<;::~:,:>:;<.\ ,,:,/~Y'i~-~, ".~"MIllim.umto'tReq'Uire'triellts':.'<
.;".. ;_"'..,l",'.' ".,.....,.""....,-...,,,'.,.....,..,,:;..,......-..','.,'--,..<0,,"'.,
- -' ',' Zone(, ,>::, To~1 ,Areal,
.,_~...cP~e: ' "(\~~a_ --,:'li?it.
,!," : ,:' "':" , " . (5.1,) (sJ:)
MU Detached SF
and Detached 3,000 3,000 30 20
Zero Lot Line
Two Family 3,600 1,800 45 20
(Duplex)
Attached SF 1.800 1,800 20/28' 20
Multi-Family 5,000 1,800 45 20
Group Living 5,000 See 45 20
ArtAS
Non-residential1 none nla none 20
5/15' 5-2' 20
5/15' 5+22 20
5/15' 0/10' 20
5/15' 5-'-2' 5+22
5/15' 5_2' 5+22
5/15' 5_2' 5+22
35
50% 50%
50% 50%
50% 50%
50% 50%
50% 50%
50% 50%
35'
35
35'
35'
35'
Noles'
nla = not applicable
lNon-residential uses must comply with the standards listed in this table unless specified otherwise in 14-4B, Minor Modifications, Variances,
Special Exceptions, and Provisional Uses.
2 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional stery. For Detached Zero Lot Line Dwellings, see applicable
setback regulations in 14-48,
3 See applicable setback requirements in Article 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses.
4 Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are
attached, lols must be 28 feet wide.
5 Maximum height is 35 feet However, if any portion of a Two Family Use, Multi-Family Use, Group Living Use, or a Non-residential Use is
located within 15 teet of a property that contains an existing Single Family Use or within 15 teet of a Single Family Zone boundary, then the
portion of the building localed within 15 feel at said property or boundary may not exceed 2-1/2 stories in height
6 Minimum principal building setback is 5 feet. Maximum principal building setback is 15 feet. See 14-2C-9D, Maximum Setbacks.
14-2C-5 Maximum Occu anc for Household Livin Uses
The residential occupancy of a Household Living Use is limited to one "household" per dwelling
unit, as this term is defined in Article 14-9A, General Definitions,
14-2C-6 Commercial Site Develo ment Standards
A. Purpose
The Commercial Site Development Standards ensure that commercial development is
compatible in scale and intensity to the surrounding development, unsightly elements are
screened from public view, and that safe pedestrian and vehicular circulation is
established,
B. Applicability
L The standards of this Section apply to all development in the CO-1, CC-2, CI-1, CH-1,
and CB-2 Zones, unless specifically exempted,
2, Development in the CN-1 Zone is subject to the CN-1 Site Development Standards
specified in Section 14-2C-7,
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3. Development in the CB-5 and CB-lO Zones is subject to the CB-5 and CB-lO Site
Development Standards specified in Section 14-2C-8.
4. Development in the MU Zone is subject to the MU Zone Site Development Standards
specified in Section 14-2C-9.
C. Site Plan Review Procedure
Review for compliance with the standards and requirements of this Section will occur as a
part of the site plan review process (See Title 18 of the City Code).
D. Surface Parking Lot Setback Requirements
1. Front setback requirements
Parking and loading areas must be set back at least 10 feet from any front and
street-side lot lines. However, any loading area, parking spaces or aisles located
within 50 feet of a Residential Zone boundary must be set back at least 20 feet from
the front or street-side lot line.
2. Side and rear setback requirements
Parking and loading areas must be setback at least 5 feet from any (non-street-side)
side or rear lot line. However, parking and loading areas must be set back at least 10
feet from any side or rear lot line that abuts a property zoned Residential. The City
may exempt from these setback regulations any specific locations along a lot line
where a parking area, aisle or drive is shared with an abutting lot.
3. Drives
a. Drives that are internal to a parking area, including drives that provide
circulation around the perimeter of a parking area are considered part of the
parking area and must meet the setback standards as specified above. Drives
that are external to a parking area must beset back at least 3 feet from any
abutting property that is zoned non-residential, unless the drive is pitched or
curbed and drained to prevent the flow of water onto adjoining property or
unless a drainage course has been established along lot lines to handle storm
water run-off. Any specific locations along a side or rear lot line where a drive is
shared with an abutting lot may be exempted from these standards.
b. Drives that are external to a parking area must be set back at least 10 feet from
any abutting property that is zoned Residential.
E. Drive-Through Facilities
Drive-through facilities are regulated as an accessory use and are only allowed in certain
zones according to the provisions specified for drive-through facilities in Article 14-4C,
Accessory Uses and Buildings.
F. Pedestrian, Bicycle, and Vehicular Circulation
The site must be designed to promote safe and convenient pedestrian, bicycle, and
vehicular circulation according to the following standards:
1. Pedestrian walkways must be provided between principal buildings and abutting
rights of way. The walkways provided on-site must connect to adjacent public
sidewalks and trails.
2. On commercial sites with multiple buildings, sidewalks or other approved pedestrian
routes must be provided between the principal buildings on the site. The City may
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exempt commercial sites where pedestrian traffic between buildings is rare or
unlikely.
3. Pedestrian routes must be provided on-site that connect parking areas to building
entrances. Pedestrian routes from and through parking areas to principal building
entrances must be identified on the site plan and integrated into the parking lot
design.
4. Pedestrian routes must be continuous, clear of obstructions, and easily identifiable as
protected pedestrian routes. Landscaping, curbing, raised paving, bollards, distinctive
paving materials, and other similar means may be used to separate and protect
pedestrian routes from vehicular traffic.
5. Bicycle parking facilities must be located in areas convenient to building entrances,
but must be located so as not to impede pedestrian or vehicular traffic.
G. Landscaping and Screening
1. All areas of the site that are not used for buildings, parking, vehicular and pedestrian
use areas, sidewalk cafes and plazas, must be landscaped with trees and/or plant
materials. A landscaping plan must be submitted for site plan review.
2. Surface parking areas, loading areas, and drives must be screened from view of
publiC rights-of-way to at least the 52 standard (See Article 14-5F, Screening and
Buffering Standards).
3. Surface parking areas, loading areas, and drives must be screened from view of
abutting properties to at least the 52 standard. Additional screening is required for
properties that abut properties zoned Residential. Parking areas, loading areas, and
drives must be screened from view of any abutting property zoned Residential to at
least the 53 standard. The City may exempt from this landscaping requirement any
specific locations along a side or rear lot line where a parking or loading area, aisle or
drive is shared with an abutting lot.
4. Where a lot occupied by a Commercial or Industrial Use abuts or is across a street or
railroad right-of-way from a Residential Zone, Daycare Use, Educational Facility,
Parks and Open Space Use, or the Iowa River, any parking and loading areas and
outdoor work and storage areas must be located behind buildings or screened from
view of said uses and zones to at least the 53 standard.
H. Mechanical Structures
All mechanical structures must be set back and screened from public view according to the
applicable provisions set forth in Article 14-4C, Accessory Uses and Buildings.
I. Outdoor Storage and Display
1. In the CO-1, CC-2, and CB-2 Zones
Outdoor storage and display of materials is not permitted in the CO-1, CC-2, or CB-2
Zones, except for the following:
a. Outdoor display of merchandise for immediate sale is permitted in areas
immediately adjacent to a principal building. However, the display area may not
be located along any building wall that is within 20 feet of a public street and
may not be located in a manner that obstructs building entrances and exits,
sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas.
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b. An approved Temporary Use. A temporary use permit is required (See Article
14-40).
c. In the CC-2 Zone, an approved Outdoor Storage and Display-Oriented Retail
Use.
2. In the CH-l and CI-l Zones
a. Outdoor storage of materials in the CH-1 and CI-1 Zones is permitted, provided
it is concealed from public view to the extent possible. If it is not feasible to
conceal the storage areas behind buildings, the storage areas must be setback
at least 20 feet from any public right-of"way, including public trails and open
space, and screened from view to at least the 53 standard (See Article 14-5F,
Screening and Buffering Standards). If a fence is built around the storage area,
the required screening must be located between the fence and the public right-
of-way.
b. All outdoor storage areas that are located along a side or rear lot line that does
not abut a public right-of-way must be setback at least 10 feet from said lot line
and screened from view of the adjacent property to at least the 53 standard. If
a fence is built around the storage area, the required screening must be located
between the fence and the adjacent property.
c. The landscape screening requirement for outdoor storage areas may be waived
by the Building Official upon presentation of convincing evidence that a planting
screen cannot be expected to thrive because of intense shade, soil conditions,
or other site characteristics. The presence of existing pavement, by itself, shall
not constitute convincing evidence. If the landscape screening requirement is
waived by the Building Official, a fence built to the 55 standard must be
substituted for the landscape screening.
d. Outdoor display of merchandise for immediate sale is permitted in the CH-1 and
CI-1 Zones, provided it is set back at least 10 feet from public rights-of-way and
landscaped to at least the 51 standard.
e. Any outdoor display area located along a side or rear lot line that does not abut
a public right-of-way must be set back at least 10 feet from said lot line and
screened from view of abutting properties to at least the 52 standard. If the
display area is adjacent to a Residential Zone boundary it has to be screened to
the 53 standard.
f. The landscape screening requirement for outdoor display may be waived by the
Building Official upon presentation of convincing evidence that a planting screen
cannot be expected to thrive because of intense shade, soil conditions, or other
site characteristics. The presence of existing pavement, by itself, shall not
constitute convincing evidence.
3. In all Commercial Zones
The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards and according to
the International Fire Code, as amended.
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J. Balconies
1. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential.
2. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
3. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to
the design and materials used for the rest of the building. Unpainted and unstained
lumber is not permitted.
K. Standards for Large Retail Uses
1. Applicability
The provisions of this subsection apply to retail uses over 50,000 square feet in size.
The intent of these standards is to facilitate adaptive reuse of large retail commercial
structures, to moderate scale of large buildings, and to ensure consistent appearance
with other shopping center developments.
2. Facades and Exterior Walls
a. Facades over 100 feet in length that are visible from public streets and/or
include public entrances shall incorporate wall projections or recesses a
minimum of 3 feet in depth for a minimum of 20 contiguous feet within each
100 feet of fa~de length. Such recesses and/or projections shall extend over a
minimum of 20 percent of the length of the fa~de and no uninterrupted facade
may exceed 100 feet in length.
b. For facades that face public streets or include public entrances, features that
provide visual interest such as arcades, storefront windows that allow views into
the interior of the building, display windows that are set into the building wall,
entry areas, awnings or similar features must be incorporated along at least 60
percent of the fa!;ade.
3. Building Details
Buildings must include details and features that provide visual interest, reduce the
perception of the mass of the building, and provide a cohesive pattern to the
building. Any building fa!;ade that faces a public street or includes a public entrance
shall include no less than three of the elements listed below. At least one of these
elements shall repeat horizontally. All elements shall repeat at intervals of no more
than 50 feet. These visual patterns must be cohesive with the articulation of the
fa!;ade.
a. Color change
b. Texture change
c. Material module change
d. Expression of an architectural or structural bay through a change in plane no
less than 12 inches in width, such as an offset, reveal or projection.
4. Roof Details
a. Flat roofs must incorporate parapets that conceal rooftop equipment such as
HVAC units from public view. The average height of such parapets shall not
exceed 15 percent of the height of the supporting wall and at no point shall
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exceed 1/3 of the height of the supporting wall. Such parapets shall feature a
three-dimensional cornice treatment.
b. Sloping roofs must not exceed the average height of the supporting walls and
must include overhanging eaves that extend no less than three feet past the
supporting walls.
c. The roof of the building must be designed with three or more roof slope planes.
It is encouraged that changes in the roof correspond with articulation of the
building fa<;ade.
5. Building Materials
a. The building materials shall be predominantly quality exterior building materials,
including brick, masonry, stone, stucco, or textured concrete masonry units.
Predominantly is defined as at least 75 percent of the exterior of the entire
building, but not necessarily of each building wall. For example, use of such
materials may be concentrated along building walls that are visible from public
streets or that contain public entrances.
b. Use of smooth-faced concrete block, tilt-up concrete panels, prefabricated steel
or vinyl panels or sheets should be minimized. If used, these materials may
cover no more than 25 percent of the exterior of the entire building and should
be reserved for building walls that are less visible to the public.
6. Entryways
Each principal building shall have a clearly defined, highly visible customer entrance
with no less than three of the features listed below. Where additional stores are
located within the principal building, each store shall have at least one exterior
customer entrance with no less than three of the following features:
a. Canopy or portico;
b. Overhang;
c. Recess/projection;
d. Arcade;
e. Raised cornice parapet over the door;
f. Archway;
g. Outdoor patio;
h. Display windows;
i. Storefront windows that allow views into the interior of the store;
j. Tile work and moldings that are integrated into the building structure and
design;
k. Integral planters or wing walls that incorporate landscaped areas and/or places
for sitting.
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14-2C-7 CN-l Zone Site Development Standards
A. Purpose
The CN-l Zone Site Development Standards ensure that commercial development is
compatible in scale and intensity to the surrounding residential neighborhoods. These
standards also ensure that neighborhood commercial areas are carefully designed to be
inviting for pedestrians by requiring buildings to be located close to and oriented toward
streets or pedestrian plazas; ensuring that pedestrian routes are clearly separated from
driveways and parking areas; requiring that buildings be constructed with street-level
storefront windows and clearly demarcated pedestrian entrances; and by requiring that
parking be located away from the street in well-landscaped areas.
B. Applicability
1. The standards of this Section apply to all new development in a CN-l Zone.
2. Exceptions to the standards and requirements of this section may be approved during
the site plan review process in CN-l Zones that were in existence and at least
partially developed by June 7, 2002, if the City determines that compliance with the
subject standard or requirement is not feasible. However, all proposed development
must meet the standards of this Section to the extent possible.
3. Alternative design solutions may be approved during the site plan review process if it
is demonstrated that the alternative design solution meets the intent of this Section.
C. eN-l Site Plan Review Procedure
1. Prior to submitting a request for site plan review, the developer must participate in a
pre-application conference with the Director of Planning and Community
Development or designee to discuss the application of the CN-l Zone Site
Development Standards to the subject property.
2. Review for compliance with the standards and requirements of this Section will occur
concurrently and as a part of the site plan review process.
D. Rezoning to eN-l
1. A CN-l Zoning District may not exceed 10 acres in size.
2. A plan showing the general design of the proposed development must be submitted
with any CN-l rezoning application. The plan must include provisions for
landscaping, screening and buffering between the proposed commercial development
and adjacent residential zones.
E. Build-To Line
The required build-to line in the CN-l Zone is an imaginary line running parallel to and
located five feet back from the street-side lot line along the subject lot's primary street
frontage. The primary street frontage is the frontage to which the street address is
assigned.
1. Requirement
All new buildings must be located such that at least 65 percent of the primary street
frontage of the subject lot contains buildings set back no further than the build-to
line.
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2. Exceptions
Exceptions to the build-to line requirement may be approved during the site plan
review process for the following site elements:
a. Building facades that are recessed in accordance with the articulation standard
in subsection L, below;
b. Building entrances, including stoops, stairways, and ramps;
c. Trees and landscaping.
d. Pedestrian plazas;
e. Arcades;
f. Public art;
g. Sidewalk cafes.
F. Location of Parking, Loading, Drives, and Aisles
1. No more than 35 percent of the street frontage of a lot may be comprised of off-
street parking spaces, drives, and aisles located in front of a building. Loading areas
are not permitted in front of the building. For purposes of this provision, "in front of
the building" means between the street right-of-way line and the building.
2. On corner lots, no off-street parking spaces may be located in front of a building
within 100 feet of the point of intersection of street right-of-way lines.
3. Parking and loading areas must be set back at least 20 feet from any street-side lot
line and at least 5 feet from any non-street side or rear lot line, unless the lot abuts a
Residential Zone. Parking areas must be set back at least 20 feet from any rear or
side lot line that abuts a Residential Zone.
4. Loading spaces must be located so that trucks or vans loading or unloading do not
back onto or out of a street.
5. Drives that are internal to a parking area, including drives that provide circulation
around the perimeter of a parking area are considered part of the parking area and
must meet the setback standards as specified above. Drives that are external to a
parking area must be set back at least 3 feet from any abutting property that is
zoned non-residential, unless the drive is pitched Or curbed and drained to prevent
the flow of water onto adjoining property or unless a drainage course has been
established along lot lines to handle storm water run-off. Any specific locations along
a side or rear lot line where a drive is shared with an abutting lot may be exempted
from these standards.
6. Drives that are external to a parking area must be set back at least 20 feet from any
abutting property that is zoned Residential.
G. Drive-Through Facilities
Drive-through facilities are regulated as an accessory use and are only allowed according
to the provisions specified for drive-through facilities in Article 14-4C, Accessory Uses and
Buildings.
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H. Pedestrian, Bicycle, and Vehicular Circulation
1. Pedestrian access must be provided to adjacent residential areas and to abutting
rights-of-way. The sidewalks provided on-site must connect to adjacent public
sidewalks and trails.
2. Each commercial tenant space must be accessible from other tenant spaces by
sidewalks or other approved pedestrian routes. Pedestrian routes must be
continuous, clear of obstructions, and easily identifiable as a protected pedestrian
route.
3. Pedestrian routes must be separated from parking and vehicular use areas by curbs,
landscaping or other physical barriers. When pedestrian paths cross drives, aisles,
and vehicle travel lanes they must be clearly identified with materials such as
textured or brick paving, and must be integrated into the wider network of pedestrian
walkways. Pavement textures are encouraged elsewhere in the parking lot as
surface materials or as accents.
4. Parking lot layout and design must promote safe and convenient pedestrian and
vehicular circulation. Protected pedestrian walkways, leading to sidewalks that abut
store entrances, must be provided within parking lots.
5. Bicycle parking facilities must be located in convenient areas of the development and
must be located so as not to impede pedestrian or vehicular traffic.
I. Landscaping and Screening
1. All areas of the site that are not used for buildings, parking, vehicular and pedestrian
access, sidewalk cafes and plazas, must be landscaped with trees and plant
materials. A landscaping plan must be submitted for site plan review.
2. Parking areas, loading areas, and drives must be screened from public rights-of-way
to at least the 52 standard (See Article 14-5F, Screening and Buffering Standards).
3. Parking areas, loading areas, and drives must be screened from view of abutting
properties to at least the 52 standard. Additional screening is required for properties
that abut properties zoned Residential. Parking areas, loading areas, and drives must
be screened from view of any abutting property zoned Residential to at least the 53
standard. The City may exempt from this landscaping requirement any specific
locations along a side or rear lot line where a parking area, aisle or drive is shared
with an abutting lot.
J. Mechanical Structures
All mechanical structures must be set back and screened from public view according to the
applicable provisions set forth in Article 14-4C, Accessory Uses and Buildings.
K. Outdoor Storage and Display
1. Outdoor storage of materials is not permitted in the CN-l Zone.
2. . Outdoor display of materials is not permitted, except in the following situations:
a. Outdoor display of merchandise for immediate sale is permitted in areas
immediately adjacent to a principal building. However, the display area may not
be located along any building wall that is within 20 feet of a public street and
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may not be located in a manner that obstructs building entrances and exits,
sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas.
b. An approved Temporary Use. A temporary use permit is required (See Chapter
4, Article D of this Title).
3. The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Chapter 5, Article H, Performance Standards and
according to the International Fire Code, as amended.
L. Street-level Windows
A minimum of 50 percent of the building fas;ade between 2 and 10 feet in height from the
adjacent exterior grade must be comprised of windows and doors. Such windows must
allow views into the interior space or be storefront display windows that are set into the
wall. Display cases attached to the outside building wall do not qualify. The bottom of .
such windows must be no more than 4 feet above the level of the adjacent sidewalk (See
Figure 2C.2).
Figure 2C2 - Storefront Window Example
Unacceptable
Acceptable
M. Building Bulk and Articulation
1. The maximum length of any building wall is 270 feet. This standard applies whether
the building contains a single business or multiple businesses or storefronts.
2. For buildings greater than 50 feet in width, the street-facing plane of the building
must be broken into horizontal modules that give the appearance of smaller,
individual storefronts. These modules must meet the following standards.
a. Each module must be no greater than 50 feet in width.
b. Each module must be distinguished from the adjacent module by at least three
of the following means:
(1) Variation in the wall plane by recessing a building module from the
adjacent building module;
(2) Variation in material colors, types or textures;
(3) Variation in the building and/or parapet height;
(4) Variation in the architectural details such as decorative banding, reveals,
stone, or tile accents;
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(5) Break or variation in window pattern;
(6) Variation in the use of upper floor balconies and recesses.
3. For buildings that are 50 feet or less in width, at least every 12 feet in length of the
street-facing wall must be articulated by a window, doorway, perceptible change in
the wall plane, setback, artwork, or a change in building material.
N. Building Entrances
1. Primary building entries must be distinguished by at least two of the following means:
a. Canopies or awnings;
b. Recesses;
c. Raised cornice or similar architectural features; .
d. Architectural details, such as tile work and moldings that are integrated in the
building structure and design.
O. Balconies, stairways, corridors and lifts
Balconies, stairwells, corridors and lifts must comply with the following standards:
1. Exterior stairwells, exterior corridors, and exterior lifts are prohibited, with the
following exception.
2. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to
the design and materials used for the rest of the building. Unpainted and unstained
lumber is not permitted.
14-2C-8 C8-5 and CB-l0 Zone Site Development Standards
A. Purpose
The following site development standards are intended to help ensure that the City's
Central Business District develops as an attractive, compact urban area. The standards
ensure that parking facilities are integrated into the design of developments so that streets
are safe and attractive for pedestrians. Particular attention is focused on street-level
building facades in order to prevent fortress-like facades, monotonous streetscapes, and to
enhance public safety by providing opportunities for surveillance of the street from the
interior of buildings. Excellence in design is encouraged in order to enhance and maintain
economic development opportunities in the downtown area.
8. Applicability and Procedure
The standards of this Section apply to all development in the CB-5 and CB-I0 Zones.
C. C8-5 and CB-10 Site Plan Review Procedure
1. Prior to submitting a request for site plan review, the developer must participate in a
pre-application conference with the Director of Planning and Community
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Development or designee to discuss the application of the CB-5 and CB-I0 Zone Site
Development Standards to the subject property.
2. Review for compliance with the standards and requirements of this Section will occur
concurrently and as a part of the site plan review process.
3. Alternative design solutions may be approved if it is demonstrated that the
alternatives meet the intent of this Section.
D. Minimum Setback
1. A setback is not required, except for buildings that abut Burlington Street.
2. The first story of buildings that abut Burlington Street must be set back 10 feet from
the right-of-way line. Building columns supporting upper stories may be located
within this lO-foot setback, provided that an adequate pedestrian passageway is
maintained.
3. Doorways adjacent to a right-of-way must be set back so that doors do not swing
into a right-of-way. Similarly, stairways and ramps must not be located in a right-of-
way.
E. Maximum Setback
No portion of the first story of a building shall be set back more than 12 feet from the
front lot line. If a setback is provided, the setback area must be used for one or more of
the following purposes:
1. Building facades that are recessed in accordance with the articulation standard in
subsection L, below;
2. Building entrances, including stoops, stairways and ramps;
3. Trees and landscaping;
4. Pedestrian plazas;
5. Arcades;
6. Public art;
7. Sidewalk cafes.
F. Parking in the CB-l0 Zone
In the CB-lO Zone, private off-street parking is not permitted for most uses, except by
grant of a special exception. Off-street parking is strictly limited in the CB-I0 Zone
according to the procedures and standards listed in Article 14-5A, Off-street Parking and
Loading Standards.
G. Surface parking location standards in the CB-5 Zone
If surface parking and loading areas are provided on the street level, they must be
subordinate to a principal use allowed in the zone. Therefore, the following standards
apply:
1. Location
a. Parking and loading is not permitted for the first 30 feet of lot depth as
measured from the front building line. Surface parking, parking within accessory
structures, and all loading and unloading facilities must be located behind
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principal building(s) and concealed from view of fronting streets. Parking and
loading areas may not be located between the building and the street or within
any side setback area. No more than 50 percent of the lot area may consist of
surface parking, drives, and aisles.
b. Parking and loading areas must be set back at least 5 feet from any side or rear
lot line that abuts a non-residential zone. Any specific locations along a side or
rear lot line where a parking area, aisle or drive is shared with an abutting lot
may be exempted from this standard.
c. Parking and loading areas must be set back at least 10 feet from any rear or
side lot line that abuts a Residential Zone.
2. Drives
a. Vehicular access to parking areas and all loading/unloading facilities must be
provided from a rear alley or private rear lane, if available. If alley access is not
available, driveways between a street and a parking area must be minimized in
number and width and must be designed to minimize hazards to pedestrians.
b. Drives that are internal to a parking area, including drives that provide
circulation around the perimeter of a parking area are considered part of the
parking area and must meet the location standards for parking areas as
specified above. Drives that are external to a parking area must be set back at
least 3 feet from any abutting property that is zoned non-residential, unless the
drive is pitched or curbed and drained to prevent the flow of water onto
adjoining property or unless a drainage course has been established along lot
lines to handle storm water run-off. Any specific locations along a side or rear
lot line where a drive is shared with an abutting lot may be exempted from
these standards.
c. Drives that are external to a parking area must be set back at least 10 feet from
any abutting property that is zoned Residential.
3. Landscape Screening
a. All areas of the site that are not used for buildings, parking, vehicular and
pedestrian use areas, sidewalk cafes, and plazas, must be landscaped with trees
and/or plant materials. A landscaping plan for such areas must be submitted for
site plan review.
b. Any portion of a parking area that is not completely concealed from view of a
fronting street must be screened to the 52 standard (See Article 14-5F,
Screening and Buffering Standards). Parking areas, loading areas, and drives
must be screened from view of abutting properties to at least the 52 standard.
Additional screening is required for properties that abut properties zoned
Residential. Parking areas, loading areas, and drives must be screened from
view of any abutting property zoned Residential to at least the 53 standard. The
City may exempt from this landscaping requirement any specific locations along
a side or rear lot line where a parking area, aisle or drive is shared with an
abutting lot.
H. Drive-Through Facilities
Drive-through facilities are not permitted in the CB-5 and C6-10 Zones.
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I. Mechanical Equipment, Utility Meters, and Dumpsters
1. In no case shall mechanical equipment or utility meters be located along the street
side of a building. Mechanical equipment and meters must be placed at the rear of
the property whenever possible. If this cannot be achieved, such equipment may be
located along the side of the building, provided that the equipment is screened and
set back according to the provisions for mechanical structures set forth in Article 14-
4C, Accessory Uses and Buildings.
2. Dumpsters and recycling bins must be located in areas that are not visible from public
streets and may not be located in a right-of-way.
J. Outdoor Storage and Display
1. Outdoor storage and display areas are not permitted in the CB-5 and CB-10 Zones,
except for approved Temporary Uses (see Article 14-40 of this Title).
2. The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards, and according
to the International Fire Code, as amended.
K. Building Entrances
1. Primary building entries must be distinguished by at least two of the following means:
a. Canopies or awnings;
b. Recesses;
c. Raised cornice or similar architectural features;
d. Architectural details, such as tile work and moldings that are integrated in the
building structure and design.
2. Access to commercial uses located above the ground level must be provided from an
enclosed lobby or corridor and stairwell. Unenclosed or partially enclosed exterior
stairwells are prohibited.
L. Street-level Windows
A minimum of 50 percent of the building fa~ade between 2 and 10 feet in height from the
adjacent exterior grade must be comprised of windows and doors. Such windows must
allow views into the interior space or be storefront display windows that are set into the
wall. Display cases attached to the outside building wall do not qualify. The bottom of
such windows must be no more than 4 feet above the level of the adjacent sidewalk (See
Figure 2C.2).
M. Building Articulation
1. For buildings greater than 50 feet in width, the streeHacing plane of the building
must be broken into horizontal modules that give the appearance of smaller,
individual storefronts. These modules must meet the following standards.
a. Each module must be no greater than 50 feet in width.
b. Each module must be distinguished from the adjacent module by at least three
of the following means:
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(1) Variation in the wall plane by recessing a building module from the
adjacent building module;
(2) Variation in material colors, types or textures;
(3) Variation in the building and/or parapet height;
(4) Variation in the architectural details such as decorative banding, reveals,
stone, or tile accents;
(5) Break or variation in window pattern;
(6) Variation in the use of upper floor balconies and recesses.
2. For buildings that are 50 feet or less in width, at least every 12 feet in length of the
street-facing wall must be articulated by a window, doorway, perceptible change in
the wall plane, setback, artwork, or a change in building material.
N. Balconies, stairways, corridors and lifts
Balconies, stairwells, corridors and lifts must comply with the following standards:
1. Exterior stairwells, exterior corridors, and exterior lifts are prohibited, with the
following exception. The City will allow exterior lifts on existing buildings that cannot
reasonably meet accessibility requirements, provided the lift is not located on a wall
of a building that faces a street or the City Plaza.
2. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to
the design and materials used for the rest of the building. Unpainted and unstained
lumber is not permitted.
O. Bonus Provisions
The following bonus provisions are intended to provide an incentive for developments to
incorporate features that provide a public benefit and to encourage excellence in
architectural design. Floor area in excess of that allowed by the permitted base floor area
or dwelling units in excess of the density otherwise achievable under the provisions of this
Section may be granted. Bonuses are based ona point system. Points may be awarded for
proposed benefit features that the Director of Planning .and Community Development
determines are appropriate in design and in the proposed location. Decisions of the
Director may be appealed to the Board of Adjustment. Bonuses allowed are enumerated in
Table 2C-4.
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C8-5 Zone
Masonry finish or architectural metal, not including metal siding, on
all non-fenestrated areas of walls visible from a public street. For
purposes of this provision, 'masonry' shall be defined as fired
brick, stone, or similar such material, not including concrete blocks
and undressed poured concrete. Masonry may include stucco or
like material when used in combination with other masonry finish.
The provision of a theater
The provision of funds for all street furniture, lighting and
landscaping improvements along adjacent street right-of-way in
accordance with the any streetscape plan approved by the City.
Provision of pedestrian activity areas, such as sidewalk cafes,
adjacent 10 but not in the public right-of-way, provided such areas
do not exceed a depth of 12 feet from Ihe front lot line.
Usable open space of size and at a grade that, at a minimum,
allows passive recreational uses and is accessible to all residential
occupants of a building. Such space may include areas such as
yards, courtyards, terraces, and rooftop gardens designed and
improved for outdoor activities. Balconies serving individual
dwelling units and required setback areas are not eligible for this
bonus.
Adaptive reuse of any property designated as an Iowa City
Landmark, eligibte for landmark designation, registered on the
National Register of Historic Places, or listed as a historically
significant building as determined by the Survey and Evaluation of
the historic and architectural resources for the vicinity,
C8-10 Zone
Provision of an off-street loading area that meets the requirements
sel torth in Article 14-5A, Off-street Parking and Loading
Requirements.
0.75 floor area ratio
5 sq. rt. at tloor area for every 1 sq ff. at theater area.
0.25 floor area ratio,
3 sq. 'I. of ffoor area tor every 1 sq. rt. of pedestrian
activity area.
2 sq. II. of tloor area for every 1 sq. ft. at usable open
space.
Up to 3 sq. ft. at floor area for every 1 sq. rt. of floor area
reused. AdditIOnal floor area may be constructed on the
vacant portions of the property that is being reused or on
abutting properties,
An additional 2.0 fioor area ratio, not to exceed 12.
14-2C-9 Site Develo ment Standards in the MU Zone
A. Purpose
The following site development standards help commercial and residential uses coexist in a
Mixed Use Zone by ensuring that buildings are similar in scale and are designed in a
manner that will allow buildings to be used for a variety of land uses over time. These
standards ensure that building sites are designed to be inviting for pedestrians by
requiring buildings to be located close to and oriented toward streets or pedestrian plazas;
requiring that buildings be constructed with street-level storefront windows and clearly
demarcated pedestrian entrances; and by requiring that parking be located away from the
street and screened by landscaping.
B. Applicability and Procedure
The standards of this Section apply to all deveiopment in the Mixed Use Zone.
C. MU Zone Site Plan Review Procedure
1. Prior to submitting a request for site plan review, the developer must participate in a
pre-application conference with the Director of Planning and Community
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Commercial Zones
Development or designee to discuss the application of the MU Site Development
Standards to the subject property.
2. Review for compliance with the standards and requirements of this Section will occur
concurrently and as a part of the site plan review process.
3. Alternative design solutions may be approved if it is demonstrated that the
alternatives meet the intent of this Section.
D. Maximum Setback
For new Multi-Family, Group Living, Commercial, and Civic/Institutional buildings, no
portion of the first story of a principal building shall be set back more than 15 feet from
the front lot line. Buildings constructed prior to December 28, 2005 are exempt from this
maximum. The setback area must be used for one or more of the following purposes:
1. Building facades that are recessed in accordance with the articulation standard in
subsection L, below;
2. Building entrances, including stoops, stairways and ramps;
3. Trees and landscaping;
4. Pedestrian plazas;
5. Arcades;
6. Public art;
7. Sidewalk cafes.
E. Location and Design Standards for Surface Parking and Detached Garages for
Multi-Family, Group Living, Commercial, and Civic/Institutional Uses
1. Location
Surface parking, parking within accessory structures, and loading areas must be
located behind principal building(s) and concealed from view of fronting streets.
Parking and loading areas may not be located directly between a principal building
and the street or within the required side setback area. Any portion of a parking or
loading area that is not completely concealed from view of a fronting street must be
screened to the S2 standard (See Figure 2C.3 and 2C.4, below).
Figure 2C3 - Location of surface parking for properties with a single building
52.mlnlng
,.... -<'
~-"", ~,"f-
~.. ... >-;;
Street
Street
Street
Unacceptable
Acceptable
Acceptable
78
!
'"
c
Street
Acceptable
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14-2C
Commercial Zones
Development or designee to discuss the application of the MU Site Development
Standards to the subject property.
Review for compliance with the standards and requirements of this Section will occur
concurrently and as a part of the site plan review process.
Alternative design solutions may be approved if it is demonstrated that}he
alternatives meet the intent of this Section. /
,
,
D. Max urn Setback
For ne Multi-Family, Group Living, Commercial, and Civic/Institutional uildings, no
portion 0 the first story of a principal building shaU..?e, set bac~.~9re.... a~l.?fee,tfrom
the front I line. Buildings constructed prior to (rla~iQfadQ'iI!QQ)I)t:'W;,Il€~Unali~k) are
exempt fro ,this maximum. The setback area must be used for on or more of the
following purp~s:
1. Building fac~es that are recessed in accordance with th rticulation standard in
subsection L, '~Iow;
2. Building entranc~ including stoops, stairways and
3. Trees and landsca~g;
4. Pedestrian plazas; \
\
5. Arcades; \
6. Public art; \
7. Sidewalk cafes.
E. Location and Design Standards r urface Parking and Detached Garages for
Multi-Family, Group Living, Com rcial, and Civic/Institutional Uses
1. Location
Surface parking, parking wit' acce ory structures, and loading areas must be
located behind principal bu' ing(s) an concealed from view of fronting streets.
Parking and loading area may not be I cated directly between a principal building
and the street or withi he required side etback area. Any portion of a parking or
loading area that is n completely concea d from view of a fronting street must be
screened to the 52 andard (See Figure 2C. and 2CA, below).
S20creening
I
Figure 2C3 - Locati n of surface parking for prope . 5 with a single building
Street
Street
Street
Street
Unacceptable
Acceptable
Acceptable
Acceptable
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Commercial Zones
Figure 2C. 4 - Location of parking for properties with multiple buildings
;;
~
il5
;;
1;
rtl
Private rear lane
"
Street
Street
Acceptable
Acceptable
Street
Unacceptable
2. Aisles and Drives
A non-hard surfaced drive or aisle may not be located closer than 3 feet to a lot line,
except at the point of access with a street, alley, or private rear lane. Hard-surfaced
drives must be set back at least 3 feet from any side or rear lot line, except under the
following circumstances:
a. The drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property; or
b. A drainage course has been established along lot lines to handle storm water
runoff; or
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting lot; or
d. At the point of access with an alley or private rear lane.
3. Landscape buffering
a. A buffer area at least 10 feet in width and landscaped to at least the S2
standard must be provided between any parking area and adjacent properties
and between any parking area and street rights-of-way (See Article 14-5F,
Screening and Buffering Standards). The City may exempt from this landscaping
requirement any specific locations along a side or rear lot line where a parking
area, aisle or drive is shared with an abutting lot.
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Commercial Zones
b. A buffer area at least 5 feet in width and landscaped to the 51 standard must be
provided between any parking area containing more than 8 parking spaces and
an adjacent alley.
c. No parking area or drive shall be closer than 10 feet to any portion of a building
other than a garage entrance or loading area apron. This 10-foot area must be
used for walkways and landscaping consisting of at least 50 percent vegetative
coverage. If parking spaces are located where headlights of vehicles shine onto
a wall containing ground level windows, said parking spaces must be screened
from view of the windows to at least the 52 standard.
F. Building entrances for Multi-Family, Group Living, Commercial, and
Civic/Institutional Buildings
1. For Residential Uses, buildings must have at least one door on the exterior of the
building that provides pedestrian access to dwelling units within the building. Access
to dwelling units must not be solely through a parking garage.
2. When a lot contains one principal building, the building must be oriented such that at
least one fa<;ade faces a public or private street. The street-facing facade must have
at least one main entrance to the building, or may contain separate main entrances
to ground level dwelling units. If the building is located on a corner lot, only one wall
must meet this requirement.
3. When a lot contains two or more principal buildings, the buildings must be oriented
towards a public street, private street, or interior courtyard. Any building with a
street-facing fa<;ade must have at least one main entrance oriented toward the street.
Buildings located interior to a lot must have main entrances that are clearly visible
from interior private streets/drives or surface parking areas.
4. Main entrances to a building, including main entrances to ground level individual
dwelling units must be clearly demarcated by at least one of the following means:
a. Recesses;
b. Raised cornice or similar architectural features;
c. Covered porch, canopy, or awning;
d. Transom and sidelight windows;
e. Pilasters and pediment;
f. Other significant architectural treatment that emphasizes main entrances.
Simple trim around the doorway does not meet this standard.
5. Patio-style doors, such as sliding glass doors, may not be used for main entrance
doors.
6. To provide for the safety of residents, access to entrance doors of any individual
dwellings units located above the ground level must be provided from an enclosed
lobby or corridor and stairwell. Unenclosed or partially enclosed exterior stairwells
may not be used as the primary means of access to upper level units. This provision
does not preclude the use of fire escapes.
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7. A pedestrian circulation system must be provided that connects residential entrances
to adjacent public rights-of-way, and to parking areas and other on-site facilities.
G. Building scale for Multi-Family, Group Living, Commercial, and
Civic/Institutional Buildings
The width of the front facade of new buildings must be no more than 40 feet. Buildings
may exceed this limitation if the street-facing plane of the building is broken into
horizontal modules that give the appearance of smaller, individual buildings. Each module
must meet the following standards:
1. Each module must be no greater than 30 feet and no less than 10 feet in width and
must be distinguished from adjacent modules by a variation in the wall plane of at
least 16 inches in depth. For buildings that are 3 or more stories in height, the width
of the module may be increased to 40 feet.
2. Each module must have a corresponding change in the roofline.
3. Each module must be distinguished from the adjacent module by at least one of the
following means:
a. Variation in material colors, types or textures;
b. Variation in the building and/or parapet height;
c. Variation in the architectural details such as decorative banding, reveals, stone,
or tile accents;
d. Variation in window pattern.
e. Variation in the use of balconies and recesses.
H. Balconies and exterior stairways, corridors and lifts for Multi-Family, Group
Living, Commercial, and Civic/Institutional Buildings
Balconies and exterior stairwells, exterior corridors and exterior lifts must comply with the
following standards:
1. Exterior stairwells, exterior corridors, and exterior lifts are prohibited.
2. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential or that contains an existing Single Family Use.
Buildings that are set back at least 40 feet from any such property are exempt from
this standard.
3. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to
the design and materials used for the rest of the building.
I. Building materials for Multi-Family, Group Living, Commercial, and
Civic/Institutional Buildings
1. Buildings not constructed of masonry or stucco, must have the following trim
elements incorporated into the exterior design and construction of the building.
a. Window and door trim that is not less than 3 inches wide.
b. . Corner boards that are not less than 3 inches wide, unless wood clapboards are
used and mitered at the corners.
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Commercial Zones
c. Frieze boards, not less than 5 inches wide, located below the eaves.
Figure 2C5 - Building Materials
Frieze board
Comer board
Window trim
Masonry
base
2. Any portion of a building that is clearly visible from the street must be constructed
using similar materials and design as the front fa91de.
3. Exterior walls of buildings that are not predominantly masonry or stucco, must have a
durable base consisting of masonry, stucco, or dressed concrete that extends at least
2-feet in height above grade. If the base consists of concrete, it must have a
decorative face.
4. Exposed, unpainted or unstained lumber may not be used along any fa~ade that
faces a street-side lot line.
5. Where an exterior wall material changes along the horizontal plane of a building, the
change must occur on an inside corner of the building.
6. For buildings where the exterior wall material used on the side of a building is a
different material than what is used on the street-facing wall, the street-facing wall
material must wrap around the corners to the sides of the building for at least 3 feet.
7. Where an exterior wall material changes along the vertical plane of the building, the
materials must be separated by a horizontal band, such as a belt course, soldier
course, band board or other trim to provide a transition from one material to the
other.
Figure 2C6 - Changes in exterior wall materials
Acceptable
Horizontal
b~d
Acceptable
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14-2C
Commercial Zones
J. Mechanical Equipment/Utility Meters
1. In no case shall mechanical equipment or utility meters be located along the street
side of a building. Mechanical structures must be set back and screened according to
the applicable provisions set forth in Article 14-4C, Accessory Uses and Buildings.
2. Dumpsters and recycling bins must be located in areas that are not visible from public
streets and may not be located in a right-of-way.
K. Ground Floor Commercial Space
The following provisions apply to new buildings constructed for Multi-Family, Group Living,
or Commercial Uses. These provisions provide the opportunity for ground level commercial
uses by requiring buildings to be constructed in a way that is conducive for commercial
uses. These provisions do not apply to buildings that are constructed for Single Family
and Two-Family Uses and are not intended to prevent buildings constructed originally for
Single Family and Two-Family Uses from being converted over time to other uses allowed
in the MU Zone.
1. On the ground level floor, the floor to ceiling height must be at least 14 feet.
2. For the ground level floor of the building, construction must meet the Building Code
specifications for commercial uses.
3. A minimum of 50 percent of the building fa~ade between 2 and 10 feet in height from
the adjacent exterior grade must be comprised of windows and doors. Such windows
must allow views into the interior space or be storefront display windows that are set
into the wall. Display cases attached to the outside building wall do not qualify. The
bottom of such windows must be no more than 4 feet above the level of the adjacent
sidewalk (See Figure 2C.2).
L. Drive-Through Facilities
Drive-through facilities are not permitted in the MU Zone.
M. Outdoor Storage and Display
1. Outdoor storage and display areas are not permitted in the MU Zone, except for
approved Temporary Uses (see Article 14-4D of this Title)
2. The storage of combustible or flammable materials OJ liquids is strictly regulated
according to the provisions of Article 14-SH, Performance Standards, and according
to the International Fire Code, as amended.
N. Single Family and Two Family Uses in the MU Zone
The following provisions apply to Single Family Uses and Two Family Uses in the MU Zone.
Two Family Uses and Attached Single Family Dwellings are also subject to the applicable
provisions contained in Article 14-46, Minor Modifications, Variances, Special Exceptions,
and Provisional Uses. If provisions of this subsection conflict with provisions in 14-46, the
provisions of this subsection will apply.
1. Garage entrances and/or off-street parking must be oriented toward and accessed
from a rear alley or private rear lane, if available. If an alley or private rear lane is not
available, then driveway access is permitted from the street, provided the driveway
does not exceed 12 feet in width and any street-facing garage entrance is set back at
least 20 feet further than the street-facing fa~ade of the dwelling. The length of any
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Commercial Zones
street-facing garage wall that is visible from the street may not exceed 50 percent of
the length of the street-facing building fa~ade, as measured along the same street
frontage. On corner lots, only one street-facing garage wall must meet this standard.
See Figure 2C.7 for some examples of acceptable garage placement.
Figure 2C7 - Examples of garage placement in the MU Zone
-
-
m
l
i
I
m
l
I
I
,----...,.,
r'-'-'----,
-
-
-
m /
ao....
0::::-
0::::-
':::"'
m
D.......
,..
2. Each dwelling unit must have a main entrance that is visible from and oriented
toward the street. To meet this standard the main entrance must face the street, be
at an angle of up to 45 degrees from the street, or open onto a porch. The main
entrance may not face an alley.
3. At least 15% of any street-facing fa~ade must be windows or pedestrian entryway
doors. Windows in garage doors do not count towards meeting this standard, but
windows in a garage wall do count towards meeting this standard.
14-2C-10 Special Provisions
A. Historic Preservation Exception
The Board of Adjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this Article or in Chapter 14-5 or any
approval criteria listed in Article 14-4B of this Title that would prevent use or occupancy of
a property designated as an Iowa City landmark or registered on the National Register of
Historic Places. In addition to the general special exception approval criteria set forth in
Article 14-4B, the following approval criteria must be met:
1. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
2. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
B. Highway Commercial Zone exemption
1. Dairy products processing and packaging facilities established in the Highway
Commercial Zone prior to January of 1983 are to be treated as a conforming use and
as such may continue. Such a facility must otherwise comply with all the
requirements and regulations of the Highway Commercial Zone and other applicable
regulations of this Title.
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2. If an existing dairy products processing and packaging facility, as described in the
preceding paragraph, is discontinued for a period of one year, such facility will lose
the conforming rights granted in the preceding paragraph and must be converted to
a use that is allowed in the CH-1 Zone according to Table 2C-1 of this Article,
Principal Uses Allowed in Commercial Zones. The dairy products processing and
packaging facility will be deemed "converted" when the existing use is terminated
and a new use commences and continues for a period of seven consecutive days.
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Industrial and Research Zones
Article D. Industrial and Research Zones
14-20-1 Establishment and Intent of Industrial and Research Zones
The full names, short names, and map symbols of the established Industrial and Research
Zones are listed below. When this Title refers to Industrial Zones it is referring to the General
Industrial Zone (1-1) and the Heavy Industrial Zone (1-2) listed below. When this Title refers to
the Research Zones, it is referring to the Research Development Park Zone (RDP) and the
Office Research Park Zone (ORP) listed below.
A. General Industrial Zone (1-1)
The purpose of the General Industrial Zone (1-1) is to provide the opportunity for the
development of most types of industrial firms. Regulations are designed to protect
adjacent development.
B. Heavy Industrial Zone (1-2)
The purpose of the Heavy Industrial Zone (1-2) is to provide for heavy or intense
industries. The Zone is designed primarily for manufacturing and fabrication activities,
including large-scale or specialized operations having external effects that could impact
adjacent less intense commercial or industrial uses.
C. Research Development Park Zone (RDP)
The purpose of the Research Development Park Zone (RDP) is to provide areas for the
development of office, research, production or assembly firms and other complementary
uses. Office and research uses should predominate in the Zone. The requirements of this
Zone protect uses in this Zone from adverse impacts of uses on adjacent land. Hotels,
motels and similar uses should be located along the periphery of the Zone or in locations
that do not adversely affect the setting and quality of other development for the uses
permitted in the Zone.
D. Office Research Park Zone (ORP)
The purpose of the Office and Research Park Zone (ORP) is to provide areas for the
development of large office and research firms and other complementary uses. The
requirements of this zone protect uses in the zone from adverse impact of uses on
adjacent land and protect adjacent more restrictive uses. Hotels, motels and similar uses
should be located along the periphery of the Zone or in such other locations that do not
adversely affect the setting and quality of development for the permitted uses of this
Zone.
14-20-2 Land Uses Allowed
A. Determining the Principal Uses Allowed
1. Table 20-1 indicates whether a principal land use is permitted (P), allowed with
provisions (PR), or allowed by special exception (S) in a particular industrial or
research park zone. A number in brackets, such as [1], indicates that a special
provision applies. See Table Notes for more information.
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Industrial and Research Zones
2. Specific land uses are grouped into the categories and subgroups listed in the table.
For example, a firm that specializes in developing computer software is classified as
Technical/Light Manufacturing. To find out how a specific land use is categorized see
Article 14-4A, Land Use Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in
Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with specific approval criteria for most special exception uses.
B. Accessory Uses Allowed
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
lr;lIbl~'20-1 - Prine' .1.UsEi~Mlowed irilndustriart1dReS:~'atch~',: s. ~ .'
USE CATEGORIES SUBGROUPS 1-1 1-2 RDP ORP
Commercial Uses
Commercial Outdoor
Recreational Uses Indoor S S
Office Uses General Office P P
Medical/Dental Office P P
Retail Uses Sales-oriented
Personal Service-oriented
Reoair-oriented
Hosnitalitv-Oriented Retail S S
Outdoor Storage and Oisplay-
oriented
Industnal Uses
Industrial Service Uses P P
Manufacturing and Technicalllklht Manufacturina P P P P
Production Uses General Manufacturina PR P
Heaw Manufacturina S P
SalV8Qe Qnerations S
Self-Service Storage P P
Uses
Warehouse and Freight P P PR PR
Movement Uses
Waste-Related Uses PR PR
Wholesale Sales Uses P P PR PR
Institutional And Civic Uses
Basic Utilitv Uses PR PR PRlS . PRlS
Colleges and Public
Universities Private S S
Community Service General Communitv Service S
Uses Communitv Service w Shetter
Oaycare Uses PR PR
Parks and Open Space PR PR
Uses
Other Uses
Aviation-related Uses Airports
Helicooter Landino Facilities S S S S
Extraction Uses PR
Communication PR PR S S
Transmission Facility
Uses
P = Permitted PR = Provisional S = Special Exception
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Industrial and Research Zones
14-20-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title and, if applicable, the Overlay Zone
provisions contained in Chapter 14-3. Said Chapters are indicated as follows:
A. Overlay Zones
1. Planned Development Overlay
See Article 14-3A.
2. Historic District and Conservation District Overlay
See Article 14-36.
3. Design Review
See Article 14-3C.
B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-46.
2. Accessory Uses and Buildings
See Article 14-4C.
3. Temporary Uses
See Article 14-40.
4. Nonconforming Situations
See Article 14-4E.
C. Site Development Standards
1. Off-Street Parking and Loading Standards
See Article 14-5A.
2. Sign Regulations
See Article 14-56.
3. Access Management Standards
See Article 14-5C.
4. Intersection Visibility Standards
See Article 14-50.
5. Landscaping and Tree Standards
See Article 14-5E.
6. Screening and Buffering Standards
See Article 14-5F.
7. Outdoor Lighting Standards
See Article 14-5G.
8. Performance Standards
See Article 14-5H.
9. Sensitive Lands and Features
See Article 14-51.
10. Flood Plain Management Standards
See Article 14-5].
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Industrial and Research Zones
11. Neighborhood Open Space Requirements
See Article 14-5K.
14-20-4 Dimensional Requirements
The dimensional requirements for the Industrial and Research Zones are stated in Table 2D-2,
located at the end of this Section. The following subsections describe in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Table 2D-2.
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met.
2. Standards
Generally, the minimum lot area and width standards for the various Industrial and
Research Zones are stated in Table 2D-2, located at the end of this Section. The
industrial zones do not have minimum lot size, width, or frontage requirements in
order to provide opportunities for industrial businesses of all types and sizes to find
appropriate locations within the City. The Research Zones have large minimum lot
sizes in order to provide the opportunity for land-intensive industrial/research firms to
locate within the City, and, in the case of theORP Zone, to preserve a campus-like
setting.
3. Minimum Lot Sizes for Specific Land Uses.
a. Provisional Uses and uses allowed by Special Exception may have specific lot
size requirements not specified in Table 2D-2. Approval criteria for these uses
are addressed in Article 14-46, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses.
b. If a minimum lot size is specified within a zone for a particular land use,
whether Permitted, Provisional or a Special Exception, that use may not be
established on a smaller lot, even if smaller lots are permitted in the subject
base zone, except as permitted under Article 14-4E, Nonconforming Situations.
B. Minimum Setback Requirements
1. Purpose
The minimum setback requirements are intended to:
a. Maintain light, air, separation for fire protection, and access for fire fighting;
b. Provide opportunities for privacy between buildings;
c. Promote a reasonable physical relationship between buildings; and
d. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in the Industrial and
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Industrial and Research Zones
Research Zones are stated in Table 2D-2, below. The minimum setbacks for principal
buildings create required setback areas within which principal buildings are not
allowed, except for certain building features as specified in this subsection.
3. Specific Setback Requirements
The following subparagraphs contain setback requirements for the Industrial and
Research Zones that apply in specific situations.
a. Side and Rear Setbacks
If a side or rear setback is provided where not required, the side or rear setback
must be at least 5 feet. Additional setbacks may apply if the property is in
proximity to a Residential Zone. See subparagraph d., below.
b. Lots with Multiple Frontages
(1) On corner lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangle, as set forth in Article
14-SD, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must be provided
along all streets and such setback will be considered a front setback for
purposes of this Title.
c. Lots with Multiple Buildings
The principal buildings on a lot must be separated by a horizontal. distance of at
least 10 feet. Proximity of building walls will be subject to all current Building
Code fire protection requirements.
d. Lots in Proximity to a Residential Zone
Where a side or rear lot line for a lot in an Industrial Zone abuts a Residential
Zone, a setback at least equal to the required setback in the abutting Residential
Zone must be provided along the Residential Zone boundary. In addition, any
building containing an Industrial Use muSt be setback at least 100 feet from any
Residential Zone boundary.
4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
setback area specified subject to the conditions indicated and provided that location
of such a feature does not violate the provisions of Article 14-SD, Intersection
Visibility Standards. The setback regulations for detached accessory structures and
structures not considered part of the principal building are addressed in Chapter 4,
Article C, Accessory Uses and Buildings.
a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feet from any side lot
line:
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b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
4C, Accessory Uses and Buildings. Covered porches, covered decks, and
covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings.
c. Fire escapes may extend into any setback, provided they do not extend more
than 3-1/2 feet into any side setback.
d. Stoops and wheelchair ramps that function as a means of access to the ground
or first floor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 2 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5. Adjustments to Principal Building Setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor
Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback requirements if the owner or lawful occupant of
a property demonstrates that the general special exception approval criteria and
the following specific approval criteria have been satisfied:
(1) The situation is peculiar to the property in question;
(2) There is practical difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
C. Height Standards
1. Purpose
The height regulations are intended to promote a reasonable building scale and
relationship between buildings; provide options for light, air, and privacy; and
discourage buildings that visually dominate other buildings in the vicinity.
2. Standards
Generally, the maximum height standards for principal structures in the Industrial
and Research Zones are stated in Table 2D-2. This table is located at the end of this
Section. Height standards for accessory buildings are addressed in Article 14-4C,
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Industrial and Research Zones
. Accessory Uses and Buildings.
3. Exemptions
If allowed in the subject zone, the following structures or parts thereof are exempt
from the maximum height standards, provided an increase in height does not conflict
with Chapter 6 of this Title, Airport Zoning.
a. Chimneys or flues.
b. Spires on religious or other institutional buildings.
c. Cupolas, domes, skylights and other similar roof protrusions not used for the
purpose of obtaining habitable floor space.
d. Farm structures, including barns, silos, storage bins and similar structures when
accessory to an allowed Agriculture Use.
e. Flagpoles that extend not more than 10 feet above the height limit or not more
than 5 feet above the highest point of the roof, whichever is less.
f. Grain elevators.
g. Parapet or fire walls.
h. Poles, towers and other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
i. If allowed in the subject zone, Basic Utilities and Communication Transmission
Facilities are exempt from the base zone height standards, but are subject to
any limitations set forth in Article 14-4B.
j. Roof structures, including elevator bulkheads, stairways, ventilating fans,
cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
k. Stacks.
I. Storage tanks and water towers.
m. Television antennae and similar apparatus.
4. Adjustment of Maximum Height Standards
a. The maximum height for a principal building may be increased, provided that for
each foot of height increase above the height standard, the front, side, and rear
setbacks are each increased by an additional 2 feet, and provided that an
increase in height does not conflict with the provisions of Chapter 6 of this Title,
Airport Zoning.
b. A Minor Modification may also be requested to adjust the maximum height for a
particular building or property according to the procedures and approval criteria
for Minor Modifications contained in Article 14-4B.
D. Maximum Lot Coverage Standards
1. Purpose
The maximum lot coverage standard helps to define the character of zone by limiting
the land area that can be covered by buildings. These standards work in conjunction
with the minimum lot requirements and height standards to determine how built-up
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__,'__.__'_.n___~__'_'_~_~'_'__'____'_..__~____'_____'__..m__..","___,_"_~'____~'_____"'_ -'.~_..- -."_.__._.._____~_____.__..___,"____.__.__~___'__..,_
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I4-2D
Industrial and Research Zones
an area appears.
2. Standard
The maximum lot coverage standards for the Industrial and Research Zones are
stated in Table 2D-2, located at the end of this Section. The maximum lot coverage
standard establishes the percentage of the total area of a lot that can be covered by
buildings. The total footprint of all buildings on the property, including both principal
and accessory buildings, is used to calculate the lot coverage.
1-1 none none none 20' 0' 0' 45 none
1-2 none none none 100 0' 0' 45 none
RDP 1 acre none none 20' 0' 0' 45 50
ORP 7 acres none none 150 100 100 none none
Notes:
1 A setback is not required where a side or rear lot line abuts a nonresidential zone. However, where a side or rear lot line abuts a
Residenlial Zone, a selback at leasl equal to Ihe required selback in Ihe abutting Residenlial Zone must be provided along the
Residential Zone boundary. In addition, any building containing an Industria! Use must be setback at least 100 feet from any
Residential Zone boundary.
.
. .
. I' . ..
A. Purpose
The Industrial and Research Zone Site Development Standards ensure that industrial uses
and parking areas are set back and screened from view of dissimilar uses and that on-site
storage of materials is handled in a safe manner.
B. Applicability
The standards of this Section apply to all development in the I-I, 1-2, RDP, and ORP
Zones, unless specifically exempted.
C. Site Plan Review Procedure
Review for compliance with the standards and requirements of this Section will occur as a
part of the site plan review process.
D. Setback Standards for Parking and Loading Areas
1. Front setback requirements
a. In the ORP Zone, parking and loading areas must be set back at least 150 feet
from any front or street-side lot line. However, up to 10 percent of the required
parking spaces may encroach within that setback, but may be located no closer
than 50 feet to a street.
b. In the I-I, 1-2, and RDP Zones, parking and loading areas must be set back at
least 10 feet from any front and street-side lot lines. However, any parking
spaces and aisles located within 50 feet of a Residential Zone boundary must be
set back at least 20 feet from any front and street-side lot lines.
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2. Side and rear setback requirements
Parking areas and loading areas must be setback at least 5 feet from any (non-street-
side) side or rear lot line. However, parking areas, loading areas, aisles and drives
must be set back at least 10 feet from any side or rear lot line that abuts a property
zoned Residential. The City may exempt from these setback regulations any specific
locations along a lot line where a parking area, aisle or drive is shared with an
abutting lot.
3. Drives
a. Drives that are internal to a parking area, including drives that provide
circulation around the perimeter of a parking area are considered part of the
parking area and must meet the setback standards as specified above. Drives
that are external to a parking area must be set back at least 3 feet from any
abutting property that is zoned non-residential, unless the drive is pitched or
curbed and drained to prevent the flow of water onto adjoining property or
unless a drainage course has been established along lot lines to handle storm
water run-off. Any specific locations along a side or rear lot line where a drive is
shared with an abutting lot may be exempted from these standards.
b. Drives must be set back at least 10 feet from any abutting property that is
zoned Residential.
E. Screening Requirements
1. Parking areas, loading areas, and drives must be screened from view along arterial
street rights-of-way to at least the 52 standard (See Article 14-5F, Screening and
Buffering Standards). .
2. Where a lot occupied by a Commercial or Industrial Use abuts or is across a street or
railroad right-of-way from a Residential Zone, Daycare Use, Educational Facility,
Parks and Open Space Use, or the Iowa River, any parking and loading areas and
outdoor work and storage areas must be located behind buildings or screened from
view of said uses and zones to at least the 53 standard.
3. Any above-ground storage tanks must be screened from public view to at least the
53 standard.
4. Screening may be waived by the Building Official where the view is or will be blocked
by a change in grade or by the natural or human-made features as determined by
the Building Official.
5. Screening requirements may be waived by the Building Official upon presentation of
convincing evidence that a planting screen cannot be expected to thrive in a
particular location because of intense shade, soil conditions, or other site
characteristics. The presence of existing pavement, by itself, shall not constitute
convincing evidence. If a landscape screening reqUirement is waived by the Building
Official because plantings cannot be expected to survive, a fence or wall built to the
55 standard must be substituted for the landscape screening.
F. Outdoor Storage
1. Outdoor storage of materials and equipment is allowed in all Industrial and Research
Zones, provided it is concealed from public view to the extent possible. If it is not
feasible to conceal the storage areas behind buildings, the storage areas must be
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Industrial and Research Zones
setback at least 20 feet from any public right-of-way, including public trails and open
space, and screened from view to at least the 53 .standard (See Article 14-5F,
Screening and Buffering Standards). If a fence is built around the storage area, the
required screening must be located between the fence and the public right-of-way.
2. All outdoor storage areas that are located along a side or rear lot line that does not
abut a public right-of-way must be setback at least 10 feet from said lot line and
screened from view of the adjacent property to at least the 53 standard. If.a fence is
built around the storage area, the required screening must be located between the
fence and the adjacent property.
3. The landscape screening requirement for outdoor storage areas may be waived by
the Building Official upon presentation of convincing evidence that a planting screen
cannot be expected to thrive because of intense sh.ade, soil conditions, or other site
characteristics. The presence of existing pavement, by itself, shall not constitute
convincing evidence. If the landscape screening requirement is waived by the
Building Official, a fence built to the 55 standard must be substituted for the
landscape screening.
4. The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Article 14-SH, Performance Standards and according to
the Intemational Fire Code, as amended.
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Interim Development Zones
Article E. Interim Development Zones
14-2E-l Establishment and Intent of the Interim Development Zones
The full names, short names, and map symbols of the established Interim Development Zones
are listed below. When this Title refers to Interim Development Zones, it is referring the zones
listed below.
A. Purpose
The purpose of the Interim Development Zone (ID) is to provide for areas of managed
growth in which agricultural and other non-urban uses of land may continue until such
time as the City is able to provide City services and urban development can occur. The
Interim Development Zone is the default zoning district, to which all undeveloped areas
should be classified until City services are provided. Upon provision of City services, the
City or the property owner may initiate rezoning to zones consistent with the
Comprehensive Plan, as amended.
B. Zone Designations
ID designations consist of Interim Development Single Family Residential (ID-RS), Interim
Development Multi-Family Residential (ID-RM), Interim Development Commercial (ID-C),
Interim Development Industrial (ID-I) and Interim Development Research Park (ID-RP), to
reflect the intended future use of the property according to the Comprehensive Plan, as
amended.
14-2E-2 Determinin the Principal Uses Allowed
A. Determining the Principal Uses Allowed
1. Table 2E-1 indicates whether a principal land use is permitted (P), allowed with
provisions (PR), or allowed by special exception (S) in the Interim Development
Zones.
2. Specific land uses are grouped into the categories and subgroups listed in the table.
For example, a kennel is classified as an Intensive Animal-Related Commercial Use.
To find out how a specific land use is categorized see Article 14-4A, Land Use
Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in
Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with speCific approval criteria for most special exception uses.
B. Accessory Uses Allowed
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
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Interim Development Zones
:ri(bl(f~E..1htPi'irii$f iI2(j!le$0~Ili:'iW~l'dil1lnt!lrim:li)ev~i:'i "tngl'!tZ;Q:':~.~i...
USE CATEGORIES SUBGROUPS 10-RS 10-RM 100C 10-1
Residential Uses
Household Living Uses I Detached Single Family Dwellings I PR I PR I PR I PR
Commercial Uses
'\j~: c- i;";'_
10-RP
I PR
Animal-related General PR PR PR PR PR
Commercial Uses Intensive PR PR PR PR PR
Commercial Outdoor-oriented S S S S S
Recreational Uses
Institutional And Civic Uses
Basic Utilitv Uses PRlS PR PRlS
Parks and Open Space PR PR PR PR PR
Uses
Religious/Private S PR PR
Group Assembly Uses
other Uses
Agricultural Uses Plant-related P P P P P
Animal-related PR PR PR PR PR
Communication
Transmission Facility PR PR PRlS PR PRlS
Uses
14-2E-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title, and if applicable, the Overlay Zone
provisions contained in Chapter 14-36. Said Chapters are indicated as follows:
A. Overlay Zones
1. Historic District and Conservation District Overlay
See Article 14-36.
2. Design Review
See Article 14-3C.
B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-46.
2. Accessory Uses and Buildings
See Article 14-4C.
3. Temporary Uses
See Article 14-40.
4. Nonconforming Situations
See Article 14-4E.
C. Site Development Standards
1. Off-Street Parking and Loading Standards
See Article 14-5A.
2. Sign Regulations
See Article 14-56.
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Interim Development Zones
3. Access Management Standards
See Article 14-SC.
4. Intersection Visibility Standards
See Article 14-5D.
5. Landscaping and Tree Standards
Not applicable.
6. Screening and Buffering Standards
See Article 14-5F.
7. Outdoor Lighting Standards
See Article 14-5G.
8. Performance Standards
See Article 14-5H.
9. Sensitive Lands and Features
See Article 14-51.
10. Flood Plain Management Standards
See Article 14-5J.
11. Neighborhood Open Space Requirements
See Article 14-5K.
14-2E-4 Dimensional Requirements
The dimensional requirements for the Interim Development Zones are stated in Table 2E-2,
located at the end of this Section. The following subsections describe in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Table 2E-2. Approval criteria for these uses are addressed in Article 14-46. Dimensional
requirements may be waived or modified for developments approved through the Planned
Development process (See Article 14- 3A, Planned Development Overlay) or through the Historic
Preservation Exception as outlined in the Special Provisions Section at the end of this Article.
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met.
2. Standards
Generally, the minimum lot area and width standards for the Interim Development
Zones are stated in Table 2E-2, located at the end of this Section.
3. Minimum Lot Sizes for Specific Land Uses.
Provisional Uses and uses allowed by Special Exception may have specific lot size
requirements not specified in Table 2E-2. Approval criteria for these uses are
addressed in Article 14-46, Minor Modifications, Variances, Special Exceptions, and
Provisional Uses.
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Interim Development Zones
B. Minimum Setback Requirements
1. Purpose
The minimum setback requirements in the Interim Development Zones are intended
to ensure that any development that occurs in the interim will be compatible with the
setbacks for future development of the property once city services are provided and
the property is rezoned according to the Comprehensive Plan. The setback
requirements also promote a reasonable physical relationship between development
in the Interim Development Zone and other adjacent zones.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in Interim
Development Zones are stated in Table 2E-2, below. The minimum setbacks for
principal buildings create required setback areas within which principal buildings are
not allowed, except for certain building features as specified in this subsection.
3. Specific Setback Requirements
The following subparagraphs contain setback requirements that apply in specific
situations.
a. Setbacks Along Arterial Streets
(1) On lots platted after December 31, 1983, a minimum 40-foot front setback
is required along any lot line that abuts an arterial street or future arterial
street as shown on the Iowa City Arterial Street Map, located in Article 14-
5C, Access Management Standards.
(2) If a lot is located along an arterial street that is substandard with regard to
the width of the public right-of-way as specified in Title 15, Subdivisions,
then the minimum 40-foot front setback along said street is increased by
the number of additional feet that will be required for future upgrade of
said street to City standards. Lots platted prior to December 31, 1983 are
exempt from this requirement.
b. Side and Rear Setbacks in All Zones
In all Interim Development Zones, if a side or rear setback is provided where
not required, the side or rear setback must be at least 5 feet.
c. Lots with Multiple Frontages
(1) On corner lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangle, as set forth in Article
14-5D, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must be provided
along all streets and such setback will be considered a front setback for
purposes of this Title.
d. Lots with Multiple Buildings
The principal buildings on the lot must be separated by a horizontal distance
that is equal to the height of the highest building. Proximity of building walls will
be subject to all current building code fire protection requirements.
e. Lots Adjacent to a Residential Zone
Where a side or rear lot line for a lot in a Interim Development Zone abuts a
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Residential Zone, a setback at least equal to the required setback in the abutting
Residential Zone must be provided along the Residential Zone boundary.
4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
setback area specified subject to the conditions indicated and provided that location
of such a feature does not violate the provisions of Article 14-5D, Intersection
Visibility Standards. The setback regulations for detached accessory structures and
structures not considered part of the principal building are addressed in Article 14-4C,
Accessory Uses and Buildings.
a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feet from any side lot
line.
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
4C, Accessory Uses and Buildings. Covered porches, covered decks, and
covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings.
c. Fire escapes may extend into any setback, provided they do not extend more
than 3-1/2 feet into any side setback.
d. Stairways that function as the principal means of access to dwelling units
located above the ground or first floor of a building may not extend into any
required setback.
e. Stoops and wheelchair ramps that function as a means of access to the ground
or first floor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 3 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Chapter 4, Article B of this litle.
5. Adjustments to Principal Building Setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor
Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback requirements if the owner or lawful occupant of
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Interim Development Zones
a property demonstrates that the general special exception approval criteria and
the following specific approval criteria have been satisfied:
(1) The situation is peculiar to the property in question;
(2) There is practical difficulty in complYing with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
C. Minimum Building Width
1. Purpose
The minimum building width requirements promote a reasonable building scale and
relationship between dwellings in a neighborhood.
2. Standards
The minimum building width requirements for residential structures in the Interim
Development Zones are stated in Table ZE-Z. A building must be in compliance with
the specified minimum building width for at least 75 percent of the building's length.
Table .2E:2: DI.mensional Req~ireme~ts for.the Interim Deyelopment.zolllis,:'
Minimum Lot ~~uirem~hts Minimllm .$etba~ks
'-'<~>-"
" Tolar Area'
(s.!.)
," ',;,
. Width
(ft.) .'
Miii.':.i~
Frontage Front (ft.)
(ft)
Sid" (ft.) ,
Building,BiJl~ Standards
Mi~iinum BUiidi~g Width
(ft)
10 acres1
80
40
25
5+22
20
203
Notes:
'In areas designated ID-RS, Detached Singie Family Dwellings may be developed on minimum lot areas of 5 acres according to
the applicable provisions in Article 14-4B.
2 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story.
3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length.
14-2E-S Maximum Occu anc for Household Livin Uses
The residential occupancy of a Household Living Use is limited to one "household" per dwelling
unit, as this term is defined in Article 14-9A, General Definitions.
14-2E-6 S ecial Provisions
A. Water and Sewer Facilities
All uses must provide approved private water and sanitary sewer facilities until such time
as the City extends services to the area.
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Interim Development Zones
B. Historic Preservation Exceptions
1. The Board of Adjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this Article or in Chapter 14-5 or
any approval criteria listed in Article 14-4B of this Title that would prevent use or
occupancy of a property designated as an Iowa City Landmark or registered on the
National Register of Historic Places. In addition to the general special exception
approval criteria set forth in Article 14-4B, the following approval criteria must be
met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
2. The Board of Adjustment may grant a special exception to allow a property
designated as an Iowa City Landmark or registered on the National Register of
Historic Places to be adapted and re-used as a Community Service Use, Specialized
Educational Facility, or Hospitality-Oriented Retail Use. In addition to the general
special exception approval criteria listed in Article 14-4B, the applicant must also
meet the following criteria in order for the Board to grant this exception:
a. The exception will help preserve the historic, aesthetic, or cultural attributes of
the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
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Public Zones
Article F.
Public Zones
14-2F-l Establishment and Intent of the Public Zones
The full names, short names, and map symbols of the established Public Zones are listed below.
When this Title refers to Public Zones, it is referring the zones listed below.
A. Purpose
The purpose of the Public Zones is to provide reference to public ownership and use of
land. These zones serve a notice function to those owning or buying land in proximity to
publicly owned land.
B. Zone Designations
1. Neighborhood Public Zone (P-l)
Uses such as schools, parks, police and fire stations, and other civic buildings owned
or otherwise controlled by the County, the City, or the Iowa City Community School
District for such uses will be designated as P-1, Neighborhood Public Zone. These
uses are subject to certain development standards in order to create a consonant
transition between public and private uses.
2. Institutional Public Zone (P-2)
The Institutional Public Zone (P-2) provides reference to public uses of land owned or
otherwise controlled by the State or Federal government, such as university
campuses, regional medical facilities, post offices and other state and federally
owned facilities. This designation serves a notice function to those owning or buying
land in proximity to publicly owned land that is not ordinarily subject to City
development regulations. While these public entities are not ordinarily subject to City
regulations, the following standards serve as minimum guidelines for State and
Federal government entities to use to help create a consonant transition between
public and private uses.
14-2F-2 Land Uses Allowed
A. Determining the Principal Uses Allowed
1. The following subsections indicate whether a principal land use is permitted (P),
allowed with provisions (PR), or allowed by special exception (S) in the Public Zone.
2. Specific land uses are grouped into the categories and subgroups. To find out how a
specific land use is categorized see Article 14-4A, Land Use Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in 14-
4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with specific approval criteria for most special exception uses.
5. Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses
and Buildings.
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Public Zones
B. Permitted Uses
1. Plant-Related Agriculture
2. Land, buildings or structures owned by the Federal or State governments, or political
subdivisions thereof, and used for public or governmental purposes. These uses
include, but are not limited to the following:
a. Airports and Helicopter Landing Facilities
b. Assisted Group Living
c. Basic Utilities
d. Colleges and Universities
e. Commercial Parking
f. Community Service Uses
g. Daycare
h. Detention Facilities
i. Educational Facilities
j. Hospitals
k. Industrial Service
I. Office Uses
m. Parks and Open Space
n. Publicly-owned Communication Transmission Facilities
o. Warehouse and Freight Movement
p. Waste-Related Uses
C. Provisional Uses
None
D. Special Exceptions
Privately-owned Communication Transmission Facilities
14-2F-3 General Provisions
All principal and accessory uses allowed in the Public Zone, whether allowed as a permitted,
provisional or special exception use, are subject to certain Use Regulations and Site
Development Standards contained in Chapters 3, 4 and 5 of this Title. Said Chapters are
indicated as follows:
A. Overlay Zones
1. Historic District and Conservation District Overlay
See Article 14- 3B.
2. Design Review
See Article 14- 3C.
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Public Zones
B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-46.
2. Nonconforming Situations
See Article 14-4E.
C. Site Development Standards
1. Access Management Standards
See Article 14- 5C.
2. Intersection Visibility Standards
See Article 14-5D.
3. Outdoor Lighting Standards
See Article 14-5G, except that uses in the Public Zone are exempt from the Total
Outdoor Light Output Standards contained in Section 5 of this Article.
4. Performance Standards
See Article 14-5H.
5. Sensitive Lands and Features
See Article 14-51.
6. Flood Plain Management Standards
See Article 14-5J.
14-2F-4 Dimensional Requirements
A. Setbacks for Lots Adjacent to a Residential Zone
Where a lot in a Public Zone abuts or is across the street from a Residential Zone, principal
building setbacks and setbacks for accessory uses, structures, and buildings at least equal
to the required principal building setbacks and required setbacks for accessory uses,
structures, and buildings in the abutting Residential Zone must be provided along the
Residential Zone boundary.
B. Maximum Height Standard
1. Standard
Where a lot in a Public Zone abuts or is across the street from a Residential Zone, the
height for buildings and structures on the lot zoned Public must not exceed the
maximum height standard specified for the abutting Residential Zone.
2. Exemptions
If allowed in the subject zone, the following structures or parts thereof are exempt
from the maximum height standard, provided an increase in height does not conflict
with Chapter 6 of this Title, Airport Zoning.
a. Chimneys, flues, and stacks.
b. Spires on religious and other institutional buildings.
c. Cupolas, domes, skylights and other similar roof protrusions not used for the
purpose of obtaining habitable floor space.
d. Farm structures, including barns, silos, storage bins and similar structures when
accessory to an allowed Agriculture Use.
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Public Zones
e. Flagpoles that extend not more than 10 feet above the height limit or not more
than 5 feet above the highest point of the roof, whichever is less.
f. Parapet and fire walls.
g. Poles, towers and other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
h. If allowed in the subject zone, Basic Utilities and Communication Transmission
Facilities are exempt from the base zone height standards, but are subject to
any limitations placed by the Board of Adjustment.
i. Roof structures, including elevator bulkheads, stairways, ventilating fans,
cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
j. Television antennae and similar apparatus,
k. Grain elevators.
I. Storage tanks and water towers.
3. Adjustment of Height Standards
a. The maximum height for a principal building may be increased, provided that for
each foot of height increase above the height standard, the front, side, and rear
setbacks are each increased by an additional 2 feet, and provided that an
increase in height does not conflict with the provisions of Chapter 6 of this Title,
Airport Zoning.
b. A Minor Modification may also be requested to adjust the maximum height for a
particular building or property according to the procedures and approval criteria
for Minor Modifications contained in Article 14-4B.
14-2F-S Public Zone Site Develo ment Standards
A. Surface Parking Lot Setback Requirements
1. Front setback requirements
Parking and loading areas must be set back at least 10 feet from any front and
street-side lot line. However, any loading area, parking spaces or aisles located within
50 feet of a Residential Zone boundary must be set back at least 20 feet from any
front and street-side lot line.
2. Side and rear setback requirements
Parking and loading areas must be setback at least 5 feet from any (non-street-side)
side or rear lot line. However, parking and loading areas must be set back at least 10
feet from any side or rear lot line that abuts a property zoned Residential. The City
may exempt from these setback regulations any specific locations along a lot line
where a parking area, aisle or drive is shared With an abutting lot.
3. Drives
a. Drives that are internal to a parking area, including drives that provide
circulation around the perimeter of a parking area are considered part of the
parking area and must meet the setback standards as specified above. Drives
that are external to a parking area must be set back at least 3 feet from any
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Puhlic Zones
abutting property that is zoned non-residential, unless the drive is pitched or
curbed and drained to prevent the flow of water onto adjoining property or
unless a drainage course has been established along lot lines to handle storm
water run-off. Any specific locations along a side or rear lot line where a drive is
shared with an abutting lot may be exempted from these standards.
b. Drives that are external to a parking area must be set back at least 10 feet from
any abutting property that is zoned Residential.
B. Landscaping and Tree Requirements for Parking Areas
Parking areas that contain more than 18 parking spaces must be designed to include trees
and planting areas according to the provisions of Article 14-SA, Off-street Parking and
Loading Standards.
C. Screening Requirements
1. Surface parking areas, loading areas, and drives must be screened from public rights-
of-way to at least the S2 standard (See Article 14-SF, Screening and Buffering
Standards).
2. Surface parking areas, loading areas, and drives must be screened from view of
abutting properties to at least the S2 standard. Additional screening is required for
properties that abut properties zoned Residential. Parking areas, loading areas, and
drives must be screened from view of any abutting property zoned Residential to at
least the 53 standard. The City may exempt from this landscaping requirement any
specific locations along a side or rear lot line where a parking area, loading area, aisle
or drive is shared with an abutting lot.
3. Where a lot in a Public Zone abuts or is across a street or railroad right-of-way from a
Residential Zone, Daycare Use, Educational Facility, Parks and Open Space Use, or
the Iowa River, any parking and loading areas and outdoor work and storage areas
must be located behind buildings or screened from view of said uses and zones to at
least the 53 standard.
4. All ground level mechanical and utility equipment, such as heat pumps, air
conditioners, emergency generators, and water pumps, must be screened from public
view to at least the 52 standard. If it is not feasible to use landscape screening, the
mechanical equipment must be screened using wall or fencing materials
complementary to the principal structure.
5. Screening requirements may be waived by the Building Official upon presentation of
convincing evidence that a planting screen cannot be expected to thrive in a
particular location because of intense shade, soil conditions, or other site
characteristics. The presence of existing pavement, by itself, shall not constitute
convincing evidence. If a landscape screening requirement is waived by the Building
Official because plantings cannot be expected to survive, a fence or wall built to the
SS standard must be substituted for the landscape screening.
D. Storage of Materials and Equipment
1. Outdoor storage of materials and equipment is allowed in all Public Zones, provided it
is concealed from public view to the extent possible. If it is not feasible to conceal
the storage areas behind buildings, the storage areas must be setback at least 20
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Public Zones
feet from any public right-of-way, including public trails and open space, and
screened from view to at least the 53 standard (See Article 14-SF, Screening and
Buffering Standards). If a fence is built around the storage area, the required
screening must be located between the fence and the public right-of-way.
2. All outdoor storage areas that are located along a side or rear lot line that does not
abut a public right-of-way must be setback at least 10 feet from said lot line and
screened from view of the adjacent property to at least the S3 standard. If a fence is
built around the storage area, the required screening must be located between the
fence and the adjacent property.
3. The landscape screening requirement for outdoor storage areas may be waived by
the Building Official upon presentation of convincing evidence that a planting screen
cannot be expected to thrive because of intense shade, soil conditions, or other site
characteristics. The presence of existing pavement, by itself, shall not constitute
convincing evidence. If the landscape screening requirement is waived by the
Building Official, a fence built to the 55 standard must be substituted for the
landscape screening.
4. The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards and according to
the International Fire Code, as amended.
14-2F-6 Special Provisions
A. If any land zoned Public is sold, conveyed, or transferred to anyone other than the
government of the United States, the State, or a political subdivision thereof, the buyer or
transferee must submit an application requesting the City to rezone the land in accordance
with the applicable procedures contained in Article 14-8D.
B. Land acquired by the government of the United States, the State or a political subdivision
thereof, shall retain its existing zoning designation until such time as the Zoning Map is
amended to designate such land a Public Zone.
C. Before a leasehold interest in any land zoned Public is conveyed to anyone for a use other
than those allowed in the Public Zone and to anyone other than the government of the
United States, the State or a political subdivision thereof, the land must be rezoned to an
appropriate zone in which the use is allowed. The use shall be subject to all requirements
of the new zone. Further, the zone shall be established as an overlay zone with the
underlying zone retaining its original Public Zone designation.
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14-3A
Planned Development Overlay
CHAPTER 3. OVERLAY ZONES
Article A. Planned Development Overlay Zone (OPD)
14-3A-l Purpose
A. The Planned Development Overlay Zone COPD) is established to permit flexibility in the use
and design of structures and land in situations where conventional development may be
inappropriate and where modification to requirements of the underiying zone will not be
contrary to the intent and purpose of this Title, inconsistent with the Comprehensive Plan,
as amended, or harmful to the surrounding neighborhood. The OPD Zone is intended to:
1. Provide flexibility in the design, placement and clustering of buildings; mixture of land
uses; use of open space; traffic circulation and parking; and related site and design
considerations;
2. Encourage the preservation and best use of existing landscape features through
development that is sensitive to the natural features of the surrounding area;
3. Promote efficient land use with smaller utility and street networks while maintaining
pedestrian-oriented street frontages;
4. Encourage and preserve opportunities for energy-efficient development;
5. Promote an attractive and safe living environment compatible with surrounding
residential developments;
6. Provide an alternative method for redeveioping older residential areas; and
7. Encourage infill development.
14-3A-2 Ap licabilit
A Planned Development Overlay Rezoning may be requested, provided the property meets the
zoning and size limitations listed below and falls into one or more of the following categories of
planned developments.
A. Zoning
1. The property on which the planned development is requested must be zoned
Residentiai or Commercial, except as speCified in paragraph 2, below.
2. A Sensitive Areas Development is allowed or may be required on any property,
regardless of the underlying base zone, in order to protect regulated sensitive
features while facilitating reasonable development of the remainder of the property
for uses allowed in the underlying base zone.
B. Size limitation
1. To qualify for a Planned Development Overlay Rezoning, properties must contain an
undeveloped area of 2 acres or more, except for the following situations.
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Planned Develapment Overlay
2. Development of areas containing less than 2 acres but more than one acre qualify for
a Planned Deveiopment Overlay Rezoning where the existence of environmentaily
sensitive areas or natural features, the age of existing development, scenic assets or
the fact that the land is completely surrounded by development makes a planned
development more appropriate and efficient than conventional development. Except
as ailowed in paragraph 3, below, Commercial and Institutional Uses are prohibited in
planned developments containing less than 2 acres.
3. When a Sensitive Areas Development is required, there is no size limitation.
C. Categories of Planned Developments
1. Sensitive Areas Development
A Planned Development containing regulated sensitive features according to the
provisions of Article 14-51, Sensitive Lands and Features.
2. Conservation Development
A Planned Development in which a portion of the land area is designated as
permanent open space for the purpose of preserving natural or cultural features and
resources as foilows:
a. Development that protects or preserves environmental features not otherwise
regulated by this Title, but which are significant to the neighborhood or
community. For example, such a plan might preserve an important view shed,
protect wildlife areas or other unique natural features of the site.
b. Development that preserves cultural and historic features such as historic sites,
historic buildings, and archaeological sites, particularly those that are designated
or that would qualify for historic designation according to the provisions of
Article 14-3B, Historic Preservation and Conservation Overlay.
c. Development in which the site and the buildings are specifically oriented and
designed for the conservation of energy and other resources.
3. Neo- Traditional Development
A Planned Development that is characterized by lot configurations, street patterns,
streetscapes, and neighborhood amenities similar to neighborhoods platted prior to
1950.
4. Mixed Use Development
A Planned Development that contains a mix of residential and commercial uses
designed in such as manner that such uses complement one another to form a more
urban neighborhood.
S. Infill Development
Development or redevelopment on land that is surrounded by existing deveiopment
where the constraints of the existing infrastructure, buildings, or site make it more
difficult to develop the property.
6. Alternative Ownership Development
a. Manufactured Housing Parks
Manufactured housing parks, where the dweiling unit owner leases the lot on
which the dweiling is located from a separate individual or organization.
b. Condominium Development
Condominium developments, where multiple units are located on the same lot.
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Planned Development Overlay
Dwelling units are typically owned individually and the structures, common
areas, and facilities are owned by all dwelling unit owners on a proportional,
undivided basis.
14-3A-3 A roval Procedures
Applications for Planned Developments must be submitted according to the procedures for
Planned Development Overlay Rezonings as set forth in Chapter 14-8, Review and Approval
Procedures. The proposed development must meet the applicable approval criteria listed in the
following sections.
14-3A-4 A roval Criteria
Applications for all Planned Developments will be reviewed for compliance with the standards of
this section, except for Sensitive Areas Developments that comply with all underlying zoning
and subdivision regulations. If, however, modifications to the underlying zoning or subdivision
regulations have been requested as a part of a Sensitive Areas Development, the standards of
this section will apply.
A. General Standards
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and
scale, relative amount of open space, traffic circulation and general layout.
2. The development will not overburden existing streets and utilities.
3. The development will not adversely affect views, light and air, property values and
privacy of neighboring properties any more than would a conventional development.
4. The combination of land uses and building types and any variation from the
underlying zoning requirements or from City street standards will be in the public
interest, in harmony with the purposes of this Title, and with other building
regulations of the City.
B. Ownership
At the time of preliminary OPD plan approval, the developer must submit evidence of
ownership of the property to be developed or of a legally binding executed option
agreement for purchasing all of the property.
C. Land Uses Allowed
A mixture of land uses are allowed in planned developments that might not otherwise be
allowed with the underlying zoning. Land uses proposed must meet all of the dimensional
and site development standards of the underlying base zone, unless a modification is
specifically approved during the planned development process. The following paragraphs
provide standards for uses that might not otherwise be allowed in the underlying zone.
1. Uses Allowed on Properties Zoned Residential
A mixture of housing types, including single family, two family, and multi-family
dwellings, is encouraged in all residentially zoned planned developments. To help
assure that the various building types are compatible with one another, similar
architectural elements, scale, massing, and materials should be used and the
following standards must be followed.
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Planned Development Overlay
a. Single Family Uses
(1) Unless modified as allowed in the following subparagraph, Attached and
Detached Zero Lot Line Dwellings must comply with the Specific Approval
Criteria for Attached and Detached Zero Lot Line Dwellings in the RS-12
Zone as set forth in Article 14-4B, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses. Townhouse-style condominiums must
also meet these approval criteria.
(2) Minimum lot area, lot width, lot frontage, and setbacks required in the
underlying base zone may be reduced in order to provide the opportunity
for a variety of Single Family dwelling types. However, any such
modification to the underlying zoning requirements must be noted on the
plan and the development must comply with the standards listed in
subsection E of this section, Zoning Requirements.
b. Two-Family and Multi-Family Uses
If Multi-Family, Two Family, or Group Living Uses are proposed, they must
comply with the Multi-Family Site Development Standards set forth in Article 14-
2B, Multi-Family Residential Zones. When located adjacent to single family and
duplex structures, multi-family buildings should be of a scale, massing and
architectural style that is compatible with adjacent lower density residential
development.
c. Commercial Uses
Commercial uses are not permitted in planned developments that are less than
2 acres in size on property that is zoned Residential. In larger residentially zoned
developments, where commercial uses are proposed, they must comply with the
following standards:
(1) Any commercial development proposed must comply with the CN-1 Site
Development standards as set forth in Article 14-2C, Commercial Zones.
(2) Mixed-use buildings, which include residential dwellings and commercial
uses, are encouraged.
(3) Any commercial development proposed must be of a scale suited to serve
the residents of the immediate development and adjacent neighborhoods.
(4) Commercial development should be designed to serve as a focal point of
the overall development and is encouraged to incorporate open spaces
such as town squares.
(5) Commercial development should be designed so that the material, massing
and architectural style is compatible with adjacent residential development.
d. Institutional Uses
Institutional Uses, such as educational facilities, religious institutions, and
childcare centers are only allowed, if they are listed as an allowed use in the
underlying base zone.
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Planned Development Overlay
2. Uses Allowed on Property Zoned Commercial
a. On property zoned Commercial, development must comply with the Commercial
Site Development standards of the underlying base zone as set forth in Article
14-2C, Commercial Zones.
b. Residential Uses are only allowed in such planned developments if residential
uses are listed as an allowed use in the underlying commercial zone. Residential
uses must comply with the requirements specified for such uses in the
underlying base zone, unless modifications are specifically approved through the
planned development process.
3. Uses Allowed on Property Zoned Industrial or Research Park
A Planned Development is not allowed on properties that are zoned Industrial, or
Research Park unless the property contains regulated sensitive areas according to the
provisions of Article 14-51, Sensitive Lands and Features. Uses allowed in such a
planned development are limited to those uses allowed in the underlying base zone.
Such uses must comply with the requirements and standards specified in the
underlying base zone, unless modifications are specifically approved through the
planned development process.
D. Maximum Residential Density
1. The City will approve a residential density based on the underlying density allowed in
the base zone and what is compatible with the natural topography of the site and
with surrounding development. The residential density for a planned development
may not exceed the value specified in Table 3A-1. Actual residential density allowed,
however, may be less than the maximum expressed in the table due to the
topographical constraints of the property, the scale of the project relative to adjacent
development, and the dimensional, site development, and other requirements of this
Title.
2. For purposes of this Article, net land area is defined as total land area minus public
and private street rights-of way. When calculating net land area, the land area
devoted to alley and private rear lane rights-of-way need not be subtracted from the
total land area.
Table 3A-1: Maximum Residential Density
Underlvina Base Zone -c-
Dwellina units oer acre of net land area
RR-1 1
RS-5 5
RS-8 8
RNS-12 8
RS-12 13
MU 15
CO-l 15
CN-1 15
CC-2 15
RM-12 15
RNS-20 24
RM-20 24
RM-44 43
PRM 49'
"'Densjty bonuses are available in the PRM Zone that would increase the
allowed density beyond the figure in this table -
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Planned Development Overlay
E. Zoning Requirements
1. All planned developments must comply with all the applicable requirements and
standards of this Title, unless specifically waived or modified under the provisions of
this Article.
2. Variations in the dimensional requirements of the underlying base zone may be
necessary in order to facilitate the provision of desired neighborhood amenities or
open space; to preserve or protect natural, historic, or cultural features; to achieve
compatibility with surrounding development; or to create a distinctive or innovative
neighborhood environment for area residents. Therefore, the dimensional
requirements of the underlying base zone may be modified or waived, provided the
Standards for Modified Developments set forth in subsection K, below, are met.
3. In order to accommodate the various types of manufactured housing, the minimum
building width specified in the underlying base zone may be waived for Manufactured
Housing Parks.
4. In order to avoid development on or near regulated sensitive areas, parking
requirements for commercial and industrial uses may be reduced. However, parking
requirements for residential uses within the development may not be reduced other
than through a special exception approved by the Board of Adjustment according to
the procedures and approval criteria set forth in this Title for such an exception.
F. Dedication of Public Right of Way
All proposed dedications of land for public use, including land dedicated for recreational
use, shall be approved, in writing, by appropriate departments of the City prior to City
Council approval of the planned development. All land dedications for public use shall
conform to the requirements of City ordinances.
G. Streets
Planned developments shall provide for the continuation and extension of streets and
public sidewalks in accordance with current City standards. Requests for modifications to
City street standards will be evaluated according to the provisions of subsection K, below,
Standards for Modified Development.
H. Pedestrian Facilities
1. On-site pedestrian facilities
To assure that pedestrians have adequate access throughout a development a
pedestrian network plan must be developed so that residents and visitors have
access to public streets and sidewalks, building entrances, parking areas, shared
open spaces, natural areas, and other amenities.
2. Pedestrian facilities along streets
Sidewalks must be provided along all public and private streets according to City
standards. Particular emphasis must be given to maintaining or establishing
pedestrian-oriented street frontages. Pedestrian-oriented streets are those that are
designed to provide a safe, comfortable environment for pedestrians. Important
elements include sidewalks that are separated and buffered from vehicular traffic
with limited interruption from driveways; the provision of street trees; and buildings
that visually address the street with visible doors and windows. Buildings with blank
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Planned Development Overlcry
facades along the street, long stretches of repetitive building designs, surface parking
lots, and other expanses of paving are contrary to a pedestrian-oriented street.
I. Tree Requirements
For any planned development that contains Attached Single Family Dwellings, Two Family
Uses, Multi-Family Uses, Group Living Uses, or lease lots for manufactured housing, a
landscape plan must be submitted with the preliminary plan illustrating how the
requirements of Article 14-SE, Landscaping and Tree Requirements will be met.
J. Open Space
1. Public Open Space Requirement
a. Residentially-zoned Planned developments must dedicate land for public open
space, pay a fee in lieu of land for public open space, or a combination thereof,
as set forth in Article 14-SK, Neighborhood Open Space Requirements.
b. In the event that the dedicated open space land will contain amenities, such as
trails, that will serve the residents of the proposed development, the City may
require such amenities be installed by the developer with the costs shared
jointly by the developer and City based on an estimate of proportional use by
the residents of the proposed development. The timing of such improvements
shall be determined and set forth in a development agreement between the
developer and the City.
2. Private Shared Open Space
a. In the event open space land, in addition to that required by Article 14-SK is to
be retained under private ownership, the developer must submit a legally
binding instrument setting forth the procedures to be followed for maintaining
the areas and for financing maintenance costs. Such costs shall be shared by all
owners of property located within the planned development through the use of
an owners association or other entity satisfactory to the City. Any costs incurred
by the City due to failure of this designated entity to meet its obligations under
the provisions of this paragraph shall be assessed against, and will become a
lien on all individual properties located within the planned development in favor
of the City.
b. The intended purpose of any private, shared open space proposed for a planned
development must be set forth in the plan. Such land must be suitably improved
for its intended purpose. The timing of such improvements shall be set forth in a
legally binding instrument as described in the preceding subparagraph.
3. Protected Sensitive Areas
Protected sensitive areas and their required buffers should be incorporated into the
design of the development as public open space dedicated to the City or private open
space held in common by an owners association. Where protected features and/or
their required buffers are incorporated into individual lots, they must be included
within a recorded conservation easement or protected by restrictive covenants with
the City that are recorded and run with the land.
K. Standards for Modified Developments
The following standards are to be used by the City when evaluating a Planned
Development when modifications to the underlying zoning requirements or to City street
115
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Planned Development Overlay
standards are requested. For Single Family Uses, townhouse-style Multi-Family Uses and
Two Family Uses that will be located on a common lot, Imaginary lot lines must be
illustrated on the plan for purposes of determining when modifications to the underlying
dimensional standards are being requested. When applying the standards, the City will
weigh the specific circumstances surrounding each application, and strive for development
solutions that best promote the spirit, intent and purpose of this Article and of Article 14-
51, Sensitive Lands and Features and of the goals, policies and objectives of the adopted
District Plan for the area in which the proposed development is located, while permitting
development of the property for reasonable, beneficial uses. Modifications that the City
deems as contrary to public safety will not be approved.
1. Modifications to Zoning Requirements
a. Minimum setbacks may be reduced if the following conditions are met:
(1) The setbacks proposed will provide adequate light, air, and privacy
between dwellings and between dwellings and public rights-of-way.
(2) Sufficient setbacks are incorporated to provide the opportunity for
adequate private open space for each dwelling unit.
(3) The setbacks proposed will provide sufficient area for utilities and street
trees.
(4) If front setbacks are reduced, measures should be taken to preserve
privacy within residential dwellings and to provide a transition between the
public right-of-way and private property. To ensure privacy within Single
Family and Two Family Dwellings for which setbacks are reduced, the first
floor must be elevated at least 30 inches above the grade of the adjacent
public sidewalk. Other methods to increase privacy are also encouraged,
such as use of front porches.
(5) Residential buildings that are located in close proximity to each other must
be designed to preserve privacy. This can be achieved by placement of
windows to prevent direct views into the windows of adjacent residential
dwelling units. In addition, balconies and air conditioning units may not be
located along a building wall that is within 20 feet of a building wall of an
adjacent principal building on the same lot, if the wall of the adjacent
building contains window or door openings into dwelling units. Proximity of
building walls will be subject to all current building code fire protection
requirements.
b. The maximum building height and building coverage may be modified or
waived, provided the design of the development results in sufficient light and air
circulation for each building and adequate, accessible open space for all
residents of the development. When the underlying base zone is Single Family
Residential, at least 35 percent of the net land area in a planned development
shall remain free of buildings, parking and vehicular maneuvering areas.
c. Minimum lot area, lot width, and lot frontage requirements may be reduced.
However, due to the concentration of dwelling units that will occur if these
dimensional requirements are reduced, the following conditions must be met:
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Planned Development Overlay
(1) The proposed modifications will not result in increased traffic congestion or
a reduction in neighborhood traffic circulation. To mitigate for the
concentration of dwellings, shorter block lengths may be appropriate and
the location of driveways and pedestrian facilities must be carefully
planned.
(2) Garages and off-street parking areas must be located so that they do not
dominate the streetscape. Alley or private rear lane access will be
required, unless garages are recessed behind the front fa~ade of the
dwelling in a manner that allows the residential portion of the dwelling to
predominate aiong the street. Figure 3A.l illustrates some options for
garage placement for detached and attached dwelling units. Other options
meeting these standards are also acceptable.
Figure: 3A.l - Garage Piacement
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14-3A
Planned Development Overlay
(3) If garages are located with access to the street, the development must be
designed so that there is adequate right-of-way and front yard area
available to accommodate street trees and front yard landscaping. The
widths of driveways may need to be reduced and garages set back an
adequate distance to accommodate these elements.
2. Modifications to Street Standards
a. Right-ot-way width
Street right-of-way widths may be reduced below those otherwise required by
the subdivision regulations if the proposed planned development provides
sufficient area within the right-of-way for required street trees and public and
private utilities.
b. Pavement widths tor local streets
Requests for reductions to street pavement widths for local streets will be
considered if streets are designed to promote pedestrian-oriented frontages and
safe access for emergency vehicles. For example, this might be achieved
through the use of alleys or private rear lanes. Depending on the width of the
proposed street and the anticipated traffic, additional off-street parking clusters
may be required. Any separate off-street parking areas must be screened to the
S2 standard.
c. Private Streets
(1) Private streets in single family and two-family residential areas are
discouraged. Requests for private streets in these areas will be carefully
scrutinized and wili only be approved if the proposed private street serves
as a shared access to a cluster or small group of housing units and does
not support any through traffic. In addition, adequate provisions must be
made for street maintenance, snow removal, and garbage service
according to the provisions listed in sub-subparagraph (3) below.
(2) Private streets in multi-family, commercial, and industrial areas may be
allowed, provided that the responsibilities for maintenance, snow removal,
and garbage service is clearly established according to the provisions of
sub-subparagraph (3), below.
(3) If private streets are approved, the developer must submit a legally binding
instrument setting forth the procedures to be followed for maintaining
private streets and providing garbage service and snow removal, and for
financing these services. Such costs shall be shared by all owners of
property located within the planned development through the use of an
owners association or other entity satisfactory to the City. Any costs
incurred by the City due to failure of this designated entity to meet its
obligations under the provisions of this paragraph shall be assessed
against, and will become a lien on all individual properties located within
the planned development in favor of the City.
L. Other Conditions
Other conditions may be imposed if found necessary to protect and promote the best
interests of the surrounding property or the neighborhood. Such conditions include, but
are not limited to, the following:
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1. Improvement of traffic circulation for vehicles and pedestrians in the proposed
development and adjoining properties and streets.
2. Specific landscaping requirements to maintain privacy or reduce impacts on adjoining
properties.
3. Joint use of private open space or amenities by adjoining property owners.
14-3A-5 A roval Criteria for Sensitive Areas Develo ments
For properties containing regulated sensitive features, a Sensitive Areas Development Plan must
be submitted that demonstrates compliance with the applicable standards of Article 14-51,
Sensitive Lands and Features.
A manufactured housing park must comply with the following standards:
A. Minimum Area
The development must be at least 2 acres in size.
B. Lot Requirements
The plan must clearly delineate individual lease lots within the development. Each
individual lease lot must meet the dimensional standards of the underlying base zone,
except for variations approved through the planned development process as set forth in
the previous subsections.
C. Additional Setback Requirements
A 30-foot setback must be provided between any dwelling unit and the edge of the
Planned Development except where abutting an arterial street, in which case, a 40-foot
building setback is required.
D. Minimum Space Between Units
At least a 20-foot building separation between manufactured housing units shall be
provided, except with respect to manufactured housing units parked end-to-end. End-to-
end separation must be at least 15 feet.
E. Parking
Nine feet by 18 feet hard-surfaced off-street parking spaces shall be provided at the rate
of 2 parking spaces per unit. At least one off-street parking space shall be located on each
manufactured housing lease lot. The other required parking space may be located in a
common parking area with convenient access to the manufactured housing unit. Parking
spaces may not be located in the front setback or within 10 feet of an adjacent
manufactured housing unit. Separate parking areas must be set back at least 10 feet from
any lease lot line and at least 20 feet from any edge of the planned development.
Separate parking areas must be screened to the S2 standard (See Article 14-5F, Screening
and Buffering Standards).
F. Sanitary Sewers
The sewerage system shall be designed, constructed and maintained in accordance with
applicable City codes or specifications approved by the City. Provision shall be made for
plugging the drain when a manufactured housing unit does not occupy the space.
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Planned Development Overlay
G. Additional Requirements for Solid Waste Handling
1. Collection Stations
Unless individual solid waste collection is provided for each lease lot within the
development, dumpsters or collection stands consisting of a holder or rack on an
impervious slab must be provided within 300 feet of every manufactured housing
space they serve. Container stands must be designed to prevent containers from
being tipped, to minimize spiliage and container deterioration and to facilitate
cleaning around them. Collection stands must be screened from adjacent dwellings to
the S3 standard (See Article 14-5F, Screening and Buffering Standards).
2. Collection Receptacles
Collection receptacles shall be provided in quantities adequate to permit disposal of
all solid waste.
H. Accessory Structures and Facilities
1. Manufactured Housing Sales
Sales of manufactured housing units is allowed as an accessory use in conjunction
with the management office. Manufactured housing units, which are not currently
located on lease lots, may not be displayed on site.
2. Equipment and Materials Storage
Maintenance materials and equipment shall be stored either in a permanent structure
or in yards fenced in with a minimum 6-foot high fence of solid construction.
3. Tenant Storage
Storage facilities for tenants of the manufactured housing park may be provided on
individual manufactured housing lease lots or in shared compounds located within the
park. Any shared storage facility or compound must be screened from view of
adjacent streets, neighboring lease lots, and neighborhood developments to at least
the S2 standard (See Article 14-5F, Screening and Buffering Standards).
14-3A-7 Exce tions
The approval criteria contained in this Article are to be used by the City as minimum
requirements for evaluating planned developments. However, such criteria are not intended to
restrict creativity and an applicant may request modifications to the planned development
approval criteria. The City will use the following criteria when evaluating any such request:
A. The modification will be in harmony with the purpose and intent of this Title and the City's
Comprehensive Plan.
B. The modification will generally enhance the proposed planned development and will not
have an adverse impact on its physical, visual or spatial characteristics.
C. The modification shall not result in a configuration of lots or a street system that is
impractical or detracts from the appearance of the proposed development.
D. The modification will not result in danger to public health, safety or welfare by preventing
access for emergency vehicles, by inhibiting the provision of public services, by depriving
adjoining properties of adequate light and air, or by violating the purposes and intent of
this Title or the City's Comprehensive Plan.
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14-38
Historic District and Conservation
District Overlay
Article B. Historic District and Conservation District
Overlay
14-38-1 Historic District Overla Zone
A. Purpose
The Historic District Overlay (OHD) Zone is used to designate local Historic Landmarks and
Historic Districts. The purpose of this overlay zone is to:
1. Promote the educational, cultural, economic and general welfare of the public by
protecting, enhancing and perpetuating historic landmarks and districts of historic,
architectural and cultural significance;
2. Safeguard the City's architectural, historic and cultural heritage by preserving historic
buildings and neighborhoods;
3. Provide for design review of new construction or alteration of existing resources to
assure compatibility with the existing character of historic neighborhoods and
preserve the historic integrity of the resource;
4. Stabilize and improve property values by encouraging reinvestment in historic
neighborhoods;
5. Foster civic pride in the legacy and beauty of past achievements; and
6. Protect and enhance the City's attractiveness to tourists and visitors, thereby
supporting and stimulating business.
B. Authority
1. The City Council may designate by ordinance areas of the City as Historic Districts or
local Historic Landmarks. The process of designation is considered an overlay
rezoning. A Historic District Overlay Rezoning is required to designate Historic
Districts and local Historic Landmarks. The procedures for Historic District Overlay
Rezonings are set forth in Article 14-8E, Historic Preservation Commission Approval
Procedures.
2. There are typically many properties within a designated Historic District or that have
been designated as local Historic Landmarks that are listed on the National Register
of Historic Places or are eligible for listing on the National Register. However,
properties listed on the National Register are not subject to the regulations of this
Article unless they are located within a designated Historic District or have been
designated as a local Historic Landmark by the City Council.
c. Descriptions
1. Historic Districts are geographically cohesive areas with significant concentrations of
buildings and other resources that possess a high degree of historic integrity and
convey a distinct sense of time and place and that have been designated as a Historic
District by the City Council pursuant to the applicable procedures outlined in this
Title. To qualify for designation as a Historic District, the subject area must contain
122
14-3B
Historic District and Conservation
District Overlay
abutting pieces of property under diverse ownership that meet approval criteria a.
and b. and at least one of approval criteria c., d., e., or f.
a. Are significant to American and/or Iowa City history, architecture, archaeology
and culture; and
b. Possess integrity of location, design, setting, materials and workmanship; and
c. Are associated with events that have made a significant contribution to the
broad patterns of our history; or
d. Are associated with the lives of persons significant in our past; or
e. Embody the distinctive characteristics of a type, period, method of construction;
or represent the work of a master; or possess high artistic values; or represent
a significant and distinguishable entity whose components may lack individual
distinction; or
f. Have yielded or may likely yield information important in pre-history or history.
City Council - Final Draft
12/08/05
2. A Historic landmark is any building, structure, object, area of land or element of
landscape architecture with significance, importance or value consistent with the
approval criteria listed above for Historic Districts and that has been designated as a
local Historic landmark by the City Council pursuant to the applicable procedures
outlined in this Title.
D. Designated Resources
1. The following areas of the City are designated as Historic Districts:
a. Woodlawn Historic District
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14-38
Historic District and Conservation
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b. East College Street Historic District
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Historic District and Conservation
District Overlay
d. Summit Street Historic District
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14-3B
Historic District and Conservation
District Overlay
e. Longfellow Historic District
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f. College Green Historic District
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Historic District and Conservation
District Overlay
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2. The following properties have been designated as local Historic Landmarks:
a. Cyrus S. & Georginia Ranck House 747 W. Benton Street
b. Congregational Church of Iowa City 30 N. Clinton Street
c. College Block Building 125 E. College Street
d. Old Carnegie Library 307 E. College Street
e. Trinity Episcopal Church 320 E. College Street
f. Thomas C. Carson House 906 E. College Street
935 E. College Street
1142 E. Court Street
515 E. Davenport Street
1415 E. Davenport Street
115 S. Dubuque
g. Lindsay House
h. Oakes-Wood House
i. Letovsky-Rohret House
j. Rose Hill
k. Franklin Printing House
I. Jackson-Swisher House & Carriage
House
m. F. X. Rittenmeyer (Burger) House
n. Bostick William House
o. Jacob Wentz House
p. C. D. Close House
q. McCollister James Farmstead
r. Stevenson-Baker House
127
120 E. Fairchild Street
630 E. Fairchild Street
115 N. Gilbert Street
219 N. Gilbert Street
538 S. Gilbert Street
2460 S. Gilbert Street
30 S. Governor Street
City Council- Final Draft 14-3B
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District Overlay
604 Iowa Avenue
726 Iowa Avenue
130 E. Jefferson Street
220 E. Jefferson Street
610 E. Jefferson Street
524 N. Johnson Street
829 Kirkwood Avenue
1101 Kirkwood Avenue
13. S. Linn Street
9 S. Linn Street
28 S. Linn Street
119-123 N. Linn
127-131 N. Linn
410 N. Lucas Street
26 E. Market Street
410 E. Market Street
320 Melrose Avenue
503 Melrose Avenue
s. Windrem House
t. Crum-Overholt House
u. Park House Hotel
v. St. Mary's Church and Rectory
w. St. Mary's Rectory
x. Czecho Slovakian Association Hall
y. Clark House
z. Samuel Kirkwood House
aa. Hohenshuh Morturary
bb. Van Patten House
CC. Old Post Office
dd. Economy Advertising Company
ee. Union Brewery
ff. Schindhelm--Drews House
99. North Presbyterian Church
hh. Henry C. Nicking House
ii. Cannon Wilbur D. and Hattie House
jj. A. W. Pratt House
kk. Billingsley-Hills House
II. Cavanaugh-Zetek House
mm.Summit Apartment Building
nn. Vogt-Unash House
00. Paul-Helen Building
pp. Englert Theater
qq. The Crag/Haddock House
rr. Chicago Rock Island and Pacific
Railroad Passenger Station
629 Melrose Avenue
704 Reno Street
228 S. Summit Street
800 N. Van Buren Street
207-215 E. Washington Street
221 E. Washington Street
803 E. Washington Street
115 Wright Street
14-3B-2 Conservation District Overlay Zone
A. Purpose
The Conservation District Overlay Zone is used to designate Conservation Districts. The
purpose of this overlay zone is to:
1. Conserve the unique characteristics of older neighborhoods and resources, including
their architectural, historical and aesthetic qualities;
128
City Counci/- Final Draft 14-3B
12/08/05 Historic District and Conservation
District Overlay
2. Provide for design review of new construction or alteration of existing resources to
assure compatibility with the existing character of older neighborhoods and preserve
the historic integrity of the resource;
3. Encourage the retention, rehabilitation and appropriate maintenance of existing
buildings, structures and sites in older neighborhoods;
4. Stabilize property values and encourage reinvestment in older neighborhoods; and
5. Protect the environmental setting of Historic landmarks and Historic Districts through
the designation of Conservation Districts adjacent to Historic landmarks and Historic
Districts.
B. Authority
The City Council may designate by ordinance areas of the City as Conservation Districts.
The process of designation is considered an overlay rezoning. A Conservation Overlay
Rezoning is required to designate Conservation Districts. The procedures for Conservation
District Overlay Rezonings are set forth in Article 14-8E, Historic Preservation Commission
Approval Procedures.
c. Descriptions
A Conservation District is a geographically cohesive area that is similar to a Historic District
in character. However, because it has fewer properties that retain a high degree of
historic integrity or contribute to a distinct sense of time and place, it does not currently
qualify as a historic district. Because these areas are still considered worthy of protection,
the City Council may designate them for conservation. To qualify for designation as a
Conservation District, the subject area must contain abutting pieces of property under
diverse ownership, the built portions of which by majority are at least 50 years old, but
according to a historic resources survey, 60% or less of the structures are of a quality,
integrity and condition that qualify for Historic District designation. The properties within
the subject area must also meet one of the following additional criteria:
1. They represent the traditional character of Iowa City neighborhoods through
architectural characteristics, building scale, building setback and streetscape design;
or
2. They exemplify a pattern of neighborhood settlement or development significant to
the cultural history or tradition of Iowa City; or
3. They represent unique or unusual physical character that creates a distinctiveness.
D. Designated Resources
The following areas of the City are designated as Conservation Districts:
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14-3B
Historic District and Conservation
District Overlay
1.
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14-3B
Historic District and Conservation
District Overlay
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14-3B
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14-3B
Historic District and Conservation
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14-3B-3 Historic Review
A. Purpose
The intent of the Historic Review process is:
1. To ensure that material changes to exterior features of landmarks and properties in
Historic and Conservation Districts do not substantially alter or destroy the defining
architectural character of a building, site or neighborhood.
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District Overlay
2. To provide property owners, contractors and consultants with technical assistance
and design alternatives to ensure that proposed projects conform with the applicable
historic preservation guidelines.
B. Applicability
1. If a material change that requires a regulated permit, as defined in Article 14-96,
Historic Preservation Definitions, is proposed for any property located in a Historic or
Conservation District or to a property that has been designated a Historic Landmark,
Historic Review is required. A minor, intermediate, or major review will be conducted
as applicable, and as set forth in Article 14-8E of this Title, Historic Preservation
Commission Approval Procedures and if approved will result in the issuance of a
Certificate of Appropriateness or a Certificate of No Material Effect.
2. For purposes of this Article, a material change is any act that adds new materials or
otherwise modifies an exterior feature of a property. Material changes include
alterations to the exterior features of a building or structure, demolition of a building
or structure, demolition of a portion of a building or structure, and new construction
on a property.
3. Normal repairs or maintenance that do not involve material changes for which a
regulated permit is required are exempt from Historic Review. For example, changes
made in the color of the exterior surfaces of a building are considered normal
maintenance and repair and are therefore not subject to Historic Review.
C. Approval Criteria
Applications for Historic Review will be reviewed for compliance with the following
guidelines and standards, which are published in the Iowa City Historic Preservation
Handbook, as amended:
1. Historic Districts and Landmarks
For properties located within a Historic District or designated a Historic Landmark:
a. Secretary of Interior's Standards for Rehabilitation, 1990 edition or subsequent
revision thereof.
b. Iowa City Guidelines for Historic Preservation
c. Individual District Guidelines
(1) Longfellow Neighborhood District Guidelines
(2) College Hill Neighborhood District Guidelines
(3) Woodlawn District Guidelines
(4) Northside Neighborhood District Guidelines
2. Conservation Districts
For properties located within a Conservation District:
a. Iowa City Guidelines for Historic Preservation
b. Individual District Guidelines
(1) Longfellow Neighborhood District Guidelines
(2) College Hill Neighborhood District Guidelines
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Historic District and Conservation
Distric.t Overlay
3. Multi-Family and Two-Family Uses
For properties located within a Historic or Conservation District in which alterations,
additions or new construction will result in two or more dwelling units, the property
must meet the Central Planning District Multi-Family Standards in addition to any
applicable guidelines and standards listed above.
D. Appeals
Any person aggrieved by any decision of the Commission regarding an application for
historic review in a historic district or for a historic landmark, may appeal the action to the
City Council. Any person aggrieved by any decision of the Commission regarding an
application for historic review in a Conservation District may appeal the action to the Board
of Adjustment. Procedures for such appeals are set forth in Article 14-8E, Historic
Preservation Commission Approval Procedures.
14-3B-4 Certificate of Economic Hardship
After receiving written notification from the Commission of the disapproval of a Certificate of
Appropriateness, the owner of record may apply for a Certificate of Economic Hardship, if he or
she believes that the application of the provisions of this Article would result in economic
hardship to the extent that the property in question cannot yield a reasonable return. The
review and approval procedures for a Certificate of Economic Hardship are set forth in Article
14-8E, Historic Preservation Commission Approval Procedures. The applicant bears the burden
of proof and must support each of the approval criteria by a preponderance of the evidence.
A. The property in question cannot yield a reasonable return if required to comply with the
requirements and standards speCified in this Article. It is not sufficient to show that the
potential return will be reduced as a result of these regulations, but rather it must be
demonstrated that the resulting reduction would be near confiscation.
B. The owner's situation is unique or peculiar to the property in question, and the situation is
not shared with other landowners in the area nor due to general conditions in the
neighborhood.
C. The hardship is not of the property owner's or applicant's own making.
14-3B-5 Compliance with Certificate Required
Issuance of a Certificate of Appropriateness, Certificate of No Material Effect, or a Certificate of
Economic Hardship is authorization to make only those material changes specified in the
approved application. It shall be the duty of the Building Official or designee to inspect, from
time to time, any work performed pursuant to such a certificate to ensure compliance with the
requirements of such certificate. If it is found that such work is not being carried out in
accordance with the certificate, the Building Official shall issue.a stop work order. Any material
change at variance with that authorized by the certificate shall be deemed a violation of these
regulations and subject to any enforcement action and penalties allowed herein.
14-3B-6 Remedy of Dan erous Conditions
A. Except for emergencies as determined by the Building Official pursuant to the ordinances
of the City, City enforcement agencies and departments must give the Historic
Preservation Commission at least thirty (30) days notice of any proposed order for
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remedying conditions determined to be dangerous to life, health or property which may
affect the exterior features of any building or structure located in a Historic District,
Conservation District or that has been designated a Historic Landmark.
B. The Commission may require that material changes not adversely affect the exterior
features of a building in cases where the danger to life, health or property may be abated
without detracting from the exterior features of the building. In such cases, it is the
responsibility of the Commission and the City enforcement agency or department to
cooperate with the property owner in an attempt to achieve a preservation solution
whereby the dangerous conditions will be corrected with minimal adverse impact on
exterior features. Such plan shall be approved by the Commission and shall be signed by
the chair of the Commission, the property owner and the head of the City enforcement
agency or department.
C. If a solution acceptable to the Commission, the City enforcement agency or department
and the property owner cannot be reached within thirty (30) days or a period of time
acceptable to the City enforcement agency or department, the agency or department shall
proceed to issue and enforce its proposed order.
14-3B-7 Prevention of Demolition by Ne lect
A. Duty to maintain
All buildings and structures that contribute to a Conservation or Historic District; or that
are listed or are eligible for listing on the National Register of Historic Places, regardless of
whether they are in a designated Historic or Conservation District, must be preserved
against decay, deterioration, and kept free from structural defects by the owner or such
person, persons, or entities who may have custody or control thereof. Accordingly, all such
buildings and structures must be maintained in accordance with the provisions of Section
17-SE-19 of the Housing Code, Responsibilities of Owners Relating to the Maintenance and
Occupancy of Premises.
B. Determination and action
1. The Historic Preservation Commission may file a petition with the Building Official
requesting investigation of any applicable building or structure suspected of neglect
or deterioration according to the standards referenced in subsection A, above. The
Building Official will proceed with investigation and may take any enforcement action
necessary to correct or prevent further violation.
2. Upon failure, neglect, or refusal of the property owner(s) or other responsible
person(s), duly notified, to take the corrective action(s) specified by the Building
Official within the time allotted, the Building Official may institute any and all legal or
equitable remedies along with penalties provided by law for said violations.
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14-3C
Design Review
Article C. Design Review
14-3C-l Purpose
The purpose of Design Review is to:
1. Assure compatibility with the defining characteristics of the surrounding area or to
preserve the integrity of existing neighborhoods or to support a unifying theme for a
particular development or area in order to spur economic growth;
2. Provide for careful review of new construction or alteration of existing structures in
areas of the City where the existing built environment is expressive of the
architectural traditions of Iowa City and the unique physcial features of the area or to
provide guidance in areas where there is a lack of any defining physical or aesthetic
qualities but in which the City wishes to establish such qualities;
3. To provide property owners, contractors and consultants with technical assistance
and design alternatives to ensure that proposed projects conform with the applicable
standards;
4. Enhance the social, cultural, economic, environmental and aesthetic development of
the community by encouraging both harmonious and innovative design;
5. Promote orderly community growth and protect property values;
6. Recognize that land use regulations aimed at these objectives provide not only for.
the health, safety and general welfare of the citizens, but also for their comfort and
prosperity, and for the beauty and balance of the community.
14-3C-2 Applicability
The City Council may designate buildings, areas, and structures within the City that are subject
to Design Review. The Council may also designate design review districts that contain
contiguous parcels of real property, the built portions of which are expressive of the defining
architectural and other physical and aesthetic properties that give evidence to the physical
traditions of Iowa City and the unique features of the area; or are areas that lack any defining
physical or aesthetic qualities but are places where the City wishes to establish such qualities.
A. Designated areas, buildings, and structures
Projects located in the following areas are subject to the design review process:
1. Urban Renewal Project, Iowa R-14
Exterior alterations or new construction occurring on all parcels that were acquired
and lor disposed of by the City as part of the urban renewal project known as Iowa
R-14 are subject to Design Review. Design Review is also required for public right-
of-way improvements occurring within and adjacent to the urban renewal area
designated as Urban Renewal Project R-14.
2. City Plaza
Design Review is required for all projects designated as requiring such review by Title
10, Chapter 5, of the City Code, City Plaza. Any public improvements to City Plaza
are also subject to Design Review.
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14-3C
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3. Other Public-Private Partnership Agreements
Projects specifically designated as requiring design review pursuant to a development
agreement between a private property owner and the City, such as for urban renewal
parcels and other properties receiving public tax abatements or subsidies.
4. Sidewalk Cafes
Design review is required for all sidewalk cafes located in the public right-of-way
pursuant to the provisions of Title 10, Chapter 3 of the City Code, Commercial Use of
Sidewalks.
5. Central Planning District
Any exterior alterations to, additions to, or new construction of Two-Family Uses,
Multi-Family Uses, Group Living Uses, and Institutional/Civic Uses located on a
property in the Central Planning District, are subject to design review according to
the rules of applicability and standards contained in Section 14-2B-6, Multi-Family
Site Development Standards (See Central Planning District Map located in Section 14-
2B-6).
6. MU and PRM Zones
All exterior alterations to, additions to, or new construction on properties located
within the MU and PRM Zones are subject to design review according to the rules of
applicability and standards contained in Section 14-2B-6, Multi-Family Site
Development Standards.
7. Projecting Signs in the CB-2, CB-5 and CB-l0 Zones
All projecting signs proposed for properties located within the CB-2, CB-5 and CB-10
Zones are subject to design review.
B. Requests for Advice
1. The City Council may request advice and recommendations from the Design Review
Committee on projects located outside of designated areas.
2. Property owners in the CB-10 and CB-5 Zones may request advice from the Design
Review Committee for projects located outside of designated areas, but such advice
will be purely advisory.
C. Exemptions
Ordinary maintenance or repairs that do not involve changes in architecture and general
design, arrangements, texture, material, or color are exempted.
14-3C-3 Desi n Review
Prior to issuance of a sign permit for an exterior sign that is subject to the design review
process or of a building permit to alter the exterior of an existing structure subject to the design
review process or to construct a new building that is subject to the design review process, said
project shall submit an application for Design Review. The applicable level of design review is
listed below.
A. Levels of Design Review
1. Level I Review
a. A Level I Review will be conducted for the following designated areas,
properties, and structures:
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(1) City Plaza
(2) Sidewalk Cafes
(3) Central Planning District
(4) MU and PRM Zones
(5) Projecting Signs in the CB-2, CB-5 and CB-10 Zones
(6) Certain Public-Private Partnership Agreements - level of review is pursuant
to the specific development agreement.
(7) Minor exterior alterations, such as signage, window placement, and color
that do not substantially change the building concept of a Council-
approved plan under Urban Renewal Project, Iowa R-14.
b. Applications for Level I Review will be reviewed and approved, modified, or
disapproved by the staff Design Review Committee according to the procedures
for Design Review contained in Article 14-8B, Administrative Approval
Procedures.
2. Level II Review
a. A Level II Review will be conducted for the.following designated areas,
properties, and structures:
(1) Urban Renewal Project, Iowa R-14, except for minor exterior alterations,
such as signage, window placement, and color that do not substantially
change the building concept of the Council-approved plan. Such minor
alterations will be subject to Level I Review.
(2) Certain Public-Private Partnership Agreements - level of review is pursuant
to the specific development agreement.
b. Applications for Level II Review will be reviewed by the staff Design Review
Committee with their recommendation forwarded to the City Council for
approval, modification, or disapproval according to the procedures for Design
Review contained in Article 14-8B, Administrative Approval Procedures.
B. Approval Criteria
Applications for Design Review will be reviewed for compliance with the guidelines and
standards as referenced below.
1. Urban Renewal Project, Iowa R-14
Design Review subject to the design guidelines listed in Subsection C, below.
2. City Plaza
Design Review subject to design guidelines listed in Subsection C, below.
3. Other Public-Private Partnership Agreements
Design review guidelines for each such project that is specifically designated as
requiring design review will be pursuant to the development agreement between the
private property owner and the City. In the absence of such guidelines, the design
guidelines listed in Subsection C, below, will be used.
4. Sidewalk Cafes
Design review subject to the design guidelines listed in Subsection C, below, and any
additional requirements and guidelines listed in Title 10, Chapter 3 of the City Code.
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5. Central Planning District
Design Review according to the applicable multi-family site development standards
set forth in Article 14-2B, Multi-Family Residential Zones.
6. MU and PRM Zones
Design Review according to the applicable multi-family site development standards
set forth in Article 14-2B, Multi-Family Residential Zones.
7. Projecting Signs in the CB-2, CB-5 and CB-l0 Zones
Design Review according to the applicable standards listed in Subsection C, below.
C. Design Review Guidelines
When reviewing a project subject to design review, the Design Review Committee and City
Council will adhere to the following guidelines, if applicable as stated in subsection B,
above. In no case shall these guidelines be used to attempt to replace or override the
other requirements of this Title.
1. Definitions
a. COMPATIBILITY: Harmony in the appearance of buildings, structures and
landscape developments along the same streetscape.
b. HARMONY: An aesthetically pleasing image resulting from an arrangement of
various architectural and landscape elements along the same streetscape.
c. LANDSCAPE: Elements of nature, topography, buildings and other man-made
objects viewed in relation to one another.
d. MISCELLANEOUS STRUCTURES: Structures, other than buildings, visible from
public ways. Examples include memorials, antennas, sheds, shelters, fences and
walls, transformers, drive-up facilities.
e. SCALE: The relationship of the size of elements to one another and to the
human figure.
f. SCREENING: Structures and/or plantings that conceal an area from view of a
public way.
g. STREET FURNITURE: Man-made objects, other than buildings, that are part of
the streetscape. Examples include benches, litter containers, planting
containers, sculptures, vending machines and newspaper dispensers.
h. STREETSCAPE: The scene of a public street or way composed of natural and
man-made elements, including buildings, paving, plantings, street furniture and
miscellaneous structures.
2. Building Design
a. The project evaluation will be based on the architectural concepts of the design
and the project's relationship to and compatibility with the defining
characteristics of the buildings and site features of the surrounding area or
alternatively, in areas proposed for redevelopment or revitalization the proposed
building(s) will be evaluated according to the goals of the revitalization plan,
whether it be to strengthen or preserve the integrity of the existing area or to
support a new architectural theme or set of unifying characteristics for a
particular development or area (See Figure 3C.1).
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Design Review
Figure 3C 1 - Unified Architectural Theme
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b. Architecturally significant buildings proposed for renovation or rehabilitation
should retain the original architectural style and the essential and prominent
features and materials of the original fa~ade.
c. Alignment of the horizontal and vertical architectural features on building fronts
is desirable so as to enhance the visual contiriuity of the streetscape (See Figure
3C.2, below).
Figure 3C2 - Alignment of architectural features
Alignment of features
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Unacceptable
Acceptable
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City Council- Final Draft
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14-3C
Design Review
d. The development of the first floor level should provide visual interest to and
interaction with pedestrians through the use of such features as windows,
doors, and lighting. Blank stretches of wall will be discouraged.
Figure 3e.3 - Pedestrian-oriented streetscape
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e. Exterior lighting and fixtures should blend with the architectural design. They
should provide adequate illumination for safety purposes without excess glare.
f. Colors should be an integral part of the architectural style.
g. Rooftop equipment should blend with building design or be screened.
3. Relationship of building(s) to the site
a. The project should integrate with adjoining properties, provide a transition
between the project and pedestrian uses, and provide appropriate landscaping.
Figure 3e.4 - Integration of pedestrian amenities and landscaping
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City Council - Final Draft
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14-3C
Design Review
b. Parking and service areas should blend with the street frontage or be screened
from public view.
c. The scale of each building should be compatible along a street frontage to
preserve the character of the street or to create the desired streetscape
anticipated by the development plan or agreement. Rhythm and proportion of
buildings, doors, windows and other projections should be considered (See
Figure 3C.2, above).
d. Building materials, colors, textures, lines and masses should harmonize with
adjoining buildings and sites or altematively, in areas proposed for
redevelopment or revitalization the proposed building materials, colors, textures,
lines and masses should be in harmony with the architectural theme or goals of
the revitalization plan, whether it be to strengthen or preserve the integrity of
the existing area or to support a new architectural theme or set of unifying
characteristics for a particular development or area.
e. Site grading work should blend with surrounding site grades.
4. Landscaping
a. Landscaping should enhance and complement architectural features and
improve the visual and aesthetic quality of the streetscape.
b. Plants should be protected by appropriate curbs, raised planting surfaces, tree
guards or other devices when located in areas where plants may be susceptible
to injury by pedestrian or motor traffic.
Figure 3C.S - Tree guard
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c. Paved areas, such as sidewalks and parking spaces, should be designed to
facilitate the safe and efficient circulation of pedestrians and vehicles.
d. Service yards, trash receptacles and storage areas should be screened by
buildings, fencing, plantings, walls or an appropriate combination of these.
e. Existing natural features should be maintained and incorporated into site design
if possible.
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Design Review
f. Street furniture and miscellaneous structures should be integrated with the
architectural concept and be located and designed to be convenient and
functional for the public. Their design should be compatible with surrounding
buildings and streetscape in scale, materials and color scheme. Alternatively, in
areas proposed for redevelopment or revitalization, the proposed street furniture
and miscellaneous structures should be integrated with the architectural theme
or goals of the revitalization plan, whether it be to strengthen or preserve the
integrity of the existing area or to support a new architectural theme or set of
unifying characteristics for a particular development or area.
5. Signs
a. All signs and graphic symbols should relate to the building's design, character,
color scheme, materials and purpose and should be compatible with signs on
adjoining buildings.
b. The number and size of signs should be minimized in order to avoid visual
clutter and to preserve the character of the street fa~ade.
c. Multiple occupancy buildings, such as shopping centers and office complexes,
should develop "signage programs" that promote integrated design and
equitable space and size distribution.
d. Externally lit signs should complement the project design and should not
produce excessive glare. .
e. Lettering and graphic styles should be in keeping with the project's design and
character.
Figure 3C. 6 - Integration of Signs
BE BE BE
Desirable
Undesirable
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6. Canopies and Awnings
a. Canopies and awnings must respect the style and character of the structure on
which they are located, particularly in the material and color.
b. The highest point of a canopy/awning or its superstructure must not be higher
than the midpoint of the space between the second story window sills and the
top of the first floor storefront window or transom (See Figure 3C. 7, below).
Figure 3C7 - Awnings and Canopies
Acceptable
Unacceptable
D. Appeals
Any person or persons, jointly or severally, aggrieved by any decision of the Design
Review Committee regarding a Level I Design Review application may appeal such
decision to the Board of Adjustment according to the applicable procedures for appeals set
forth in Article 14-8C, Board of Adjustment Approval Procedures.
14-3C-4 Compliance Required
Approved applications for design review authorize only those changes in appearance set forth in
such approved applications and no other changes in appearance. It will be the duty of the
Building Official or designee to inspect, from time to time, any work performed pursuant to such
an approved application to ensure compliance with the requirements of such application. If it is
found that such work is not being carried out in accordance with the approved application, the
Building Official will issue a stop work order and may deny issuance of a certificate of
occupancy. Any change in appearance at variance with that authorized by the approved
application shall be deemed a violation of these regulations.
14-3C-5 Revisions to Approved Desi n Plans
If the building application deviates from approved design revieW applications, the Director of
Housing and Inspection Services or designee will inform the Design Review Committee, who will
then determine if the proposed changes are substantive. Substantive changes to an approved
application for design review require submittal of those changes to the Design Review
Committee and approval thereof according to the applicable Design Review procedures.
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14-4A
Use Categories
CHAPTER 4. USE REGULATIONS
Article A. Use Categories
14-4A-l Purpose
This Article classifies land uses and activities into use categories on the basis of common
functional, product, or physical characteristics. The use categories provide a systematic basis for
assignment of present and future uses to zones. Certain use categories are broken down into
subgroups if further distinction is needed. The decision to permit, permit with provisions, or
allow by special exception a particular use or use category in the various zones is based on the
goals and policies of the Comprehensive Plan and the stated purposes of the base zones.
14-4A-2 Classifyin Uses
A. Use Characteristics.
1. land uses are assigned to the use category that most closely describes the nature of
the principal use. A number of the most common uses are listed under the
"Examples" subsection for each use category. In some zones developments may
have more than one principal use. Developments may also have one or more
accessory uses. For uses not listed as examples, the following is a list of factors to be
considered when classifying a use into a particular category, and is also used to
determine whether the activities constitute principal uses or accessory uses:
a. The description of the use or activities in comparison to the stated
characteristics of each use category;
b. The intensity of the activity or use in comparison to the stated characteristics of
each use category;
c. The amount of site or floor area and equipment devoted to the use or activity;
d. The presence of and amount of sales from each use or activity;
e. The customer type for each use or activity. For example, do individual
customers come to the site or does the firm primarily sell goods or services to
other firms?
f. The number of employees involved in the use or activity;
g. The hours of operation;
h. The building and site arrangement;
i. The type of vehicles used for the activity;
j. The number of vehicle trips generated by the use or activity;
k. How the use advertises itself;
I. Whether the use or activity would be likely to be found independent of the other
activities on the site;
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m. Whether the use is subordinate to and serves another use in the development;
n. Whether a use is subordinate in area, extent or purpose to the principal building
or use served;
o. Whether the use contributes to the comfort, convenience or necessity of
occupants, customers, or employees of a principal use; and
p. Any other relevant evidence regarding use or activity that would help to classify
a particular land use.
2. In cases where a specific use is not listed as an example, the Director of Housing and
Inspection Services shall determine the appropriate category for a use based on the
factors listed in paragraph A1., above.
3. In cases of dispute, the Zoning Code Interpretation Panel will issue a written use
determination. Such determination may be appealed to the Board of Adjustment
according to the procedures outlined in Article 14-8C, Board of Adjustment Approval
Procedures. If an appeal is made, the Board of Adjustment shall determine whether
the City has made an error in classifying the subject use based on the facts in
evidence and the factors listed in paragraph A1., above.
4. Any use that cannot be clearly classified within an existing use category by the
procedures noted above is prohibited, unless incorporated into this Title by a Zoning
Code Text Amendment, the procedures for which are outlined in Article 14-80,
Planning and Zoning Commission Approval Procedures. A specific use that cannot be
classified into an existing use category shall not be listed as permitted, provisional, or
a special exception in any zone without first estabiishing a new use category within
this Article by Zoning Code Text Amendment.
B. Use of Examples
1. The "Examples" paragraph under each use category provides a list of examples of
specific uses that are included in the use category. These lists may not be exhaustive
of all the specific uses that might be included in a use category.
2. The names of uses on the lists are generic. They are based on the common meaning
of the terms and not on what a specific use may be called. For example, a use with
the business name "Wholesale Liquidators" that sells mostly to individual consumers,
would be included in the Sales-Oriented Retail category rather than the Wholesale
Sales category, because the actual activity on the site matches the description of the
Sales-Oriented Retail category.
C. Accessory Uses.
1. For reference purposes, a list of accessory uses commonly associated with a
particular use category is included under a paragraph entitled, "Accessory Uses."
Accessory uses and their associated regulations and requirements are addressed in
detail in Article 14-4C, Accessory Uses and Buildings.
2. A use that is accessory to a principal use in one instance may in other circumstances
be considered a principal use. For example a large business may provide an in-house
daycare center for employees. This daycare center would be considered an
accessory use. However, a daycare center would be considered a separate principal
use if it were not affiliated with another business or use on the property.
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Use Categories
D. Exceptions
Some of the use categories may contain an "Exceptions" paragraph. These paragraphs
provide a cross-reference for uses that may seem to be part of a particular category, but
which are explicitly classified into a different use category.
E. Prohibited Uses
Certain uses are specifically prohibited in the City of Iowa City, even though they may be
construed to be part of a particular use category. These uses are listed in a paragraph
entitled, "Prohibited," under the relevant use category. As noted in paragraph 14-4A-
2A( 4), above, some uses may also be prohibited because they cannot be clearly classified
within an existing use category by the procedures set forth in subsection 14-4A-2A.
F. Developments with Multiple Principal Uses
Developments with multiple principal uses will be categorized using the following rules:
1. When all of the principal uses of a development fall within one use category, then the
entire development is assigned to that use category. For example, a development
that contains a hair salon, a drycleaners, and a photographic studio, would be
classified as Personal Service-Oriented Retail. .
2. When the principal uses of a development fall within different use categories, each
principal use is classified into the applicable use category and each use is subject to
all applicable regulations for the use category. For example, a development that
contains a store that sells musical instruments and an architectural office would fall
into two different use categories: Sales-Oriented Retail and General Office.
3. Developments with multiple principal uses, such as shopping centers, shall
incorporate only those uses permitted or allowed as provisional or by special
exception in the underlying zone.
14-4A-3 Residential Use Categories
A. Household Living Uses
1. Characteristics
The residential occupancy of a dwelling unit by a single household or group
household. Each dwelling unit contains its own facilities for living, sleeping, cooking
and eating meals. Tenancy is arranged on a month-to-month basis, or for a longer
period.
2. Examples
Examples include uses from the subgroups listed below. The Single Family Uses are
further divided into various dwelling types, because these dwelling types have distinct
dimensional and development standards based on the zone in which they are located.
Group Households, given that they are a type of "household" rather than a type of
dwelling, are permitted in any type of dwelling listed in the three other subgroups.
a. Group Households
Group Households include only the following specific uses: elder family homes,
elder group homes, and family care homes, all as defined in Article 14-9A,
General Definitions.
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b. Single Family Uses
A Single Family Use is a Household Living Use where there is no more than one
principal dwelling unit per lot. Single Family Uses include the following dwelling
types.
(1) Detached Single Family Dwellings: Farm dwellings; detached single family
houses; manufactured homes; modular homes; and mobile homes, if
converted to real property and taxed as a site built dwelling, as provided in
the Code of Iowa, as amended. (See Exceptions, below).
(2) Detached Zero Lot Line Dwellings.
(3) Attached Single Family Dwellings: Attached zero-lot-line dwellings;
townhouse dwellings.
c. Two Family Uses
Two Family Uses are Household Living Uses in which there are two principal
dwelling units within a single building and both dwelling units are located on the
same lot. These uses are often referred to as duplexes.
d. Multi-Family Uses
Multi-Family Uses are Household Living Uses where there are three or more
principal dwellings units within a single building and all dwelling units within the
building are located on the same lot. These uses include apartments,
condominium apartments, elder apartments, assisted living apartments,
townhouse-style apartments and condominiums, efficiency apartments, and
dwelling units located within mixed-use buildings.
3. Accessory Uses
Private recreational uses; storage buildings; parking for residents' vehicles. Home
occupations, accessory dwelling units, child care homes, and bed and breakfast
facilities are accessory uses that are subject to additional regulations outlined in
Article 14-4C, Accessory Uses and Buildings.
4. Exceptions
a. Mobile homes located within manufactured housing parks approved through a
Planned Development process are considered Detached Single Family Dwellings,
regardless of whether they are converted to real property and taxed as site built
dwellings.
b. Detached Single Family Dwellings and Detached Zero Lot Line Dwellings
approved through a Planned Development process are considered Single Family
Uses for purposes of this Title, even if they are located on one common lot and
sold as condominiums.
c. Single Family Uses that contain accessory apartments are not considered a Two
Family Use.
d. Mixed-use buildings containing dwelling units are always considered Multi-Family
Uses, regardless of the number of dwelling units within the building.
e. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered residential.
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They are considered a form of temporary lodging and are classified as
Hospitality-Oriented Retail.
f. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
g. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities.
B. Group Living Uses
1. Characteristics
Group Living uses are characterized by the residential occupancy of a dwelling by a
group of people that do not meet the definition of a. household or group household.
The size of the group is typically larger in size than the average size of a family or
household. Tenancy is arranged on a month-to-month basis, or for a longer period.
Group Living structures contain individual rooming units with private or shared
bathroom facilities and may also contain shared kitchen facilities, and/or common
dining and meeting areas for residents. The residents may ormay not receive any
combination of care, training, or treatment, but those receiving such services must
reside at the site. .
2. Examples
Examples include uses from the three subgroups listed below.
a. Assisted Group Living
Group care facilities, including nursing and convalescent homes; assisted living
facilities.
b. Independent Group Living
Rooming houses; rooming house cooperatives,
c. Fraternal Group Living
Fraternities; sororities; monasteries; convents.
3. Accessory Uses
Recreational facilities; meeting rooms; associated offices; food preparation and dining
facilities; off-street parking for vehicles of the occupants and staff; storage facilities;
off-street loading areas.
4. Exceptions
a. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as
Hospitality-Oriented Retail.
b. Family care homes, elder group homes, and elder family homes are considered
Group Households and are classified as Household Living Uses.
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c. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
d. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities.
14-4A-4 Commercial Use Cate ories
A. Adult Business Uses
1. Characteristics
Any amusement or entertainment establishment, bookstore, massage establishment,
motion picture theater, video rental or sales establishment, or other similar use, in
which 25% or more of its floor area is customarily not open to the public generally
but only to one or more classes of the public excluding any minor by reason of age
under Chapter 728, obscenity, Code of Iowa, as amended.
2. Examples
Adult book stores; adult video stores; nightclubs featuring nude dancing.
3. Accessory Uses
Off-street parking.
4. Exceptions
Therapeutic massage is considered Personal Service-Oriented Retail.
B. Animal-Related Commercial Uses
1. Characteristics
Commercial services related to the temporary care, medical treatment, or cremation
of domestic animals. Uses are divided into two subgroups based on the intensity of
the use, outdoor activity on the site, and the potential for noise and odor related
externalities.
2. Examples
This category includes uses from the two subgroups listed below
a. Genera;' Veterinary clinics; animal grooming establishments; pet crematoriums.
b. Intensive: Kennels; stables.
3. Accessory Uses
Boarding facilities and pet crematoriums within veterinary clinics; overnight sleeping
accommodations for staff; parking; outdoor animal exercise areas associated with
kennels and stables
4. Exceptions
a. Pet and pet supply stores are classified as Sales-Oriented Retail.
b. Pet crematoriums may also be considered an accessory use to a mortuary or
funeral home.
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C. Commercial Recreational Uses
1. Characteristics
Commercial facilities used primarily for physical exercise, recreation, or culture.
Outdoor uses in this category are typically land-intensive uses that provide
continuous recreation or entertainment-oriented activities. They may take place in a
number of structures that are arranged together in an outdoor setting. Indoor uses
in this category may require larger indoor areas to accommodate equipment or
facilities for the proposed activity.
2. Examples
Examples include uses from the two subgroups listed below:
a. Outdoor: Campgrounds; commercial tennis and swimming facilities; drive-in
theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf
facilities; commercial amphitheaters; amusement parks; privately-owned active
sports facilities such as ball fields.
b. Indoor: Physical fitness centers; health clubs; gyms; bowling alleys; indoor
skating rinks; billiard halls; amusement arcades; indoor theaters; indoor play
parks.
3. Accessory Uses
Concessions; off-street parking; maintenance facilities.
4. Exceptions
a. Golf courses are considered Parks and Open Space.
b. Commercial art galleries are classified as Sales-Oriented Retail.
c. Private lodges and clubs are classified as Religious/Private Group Assembly.
d. Uses of a public, nonprofit, or charitable nature, such as community centers,
libraries and museums are considered Community Service.
e. Establishments featuring nude dancing are considered an Adult Business Use.
D. Commercial Parking Uses
1. Characteristics
Commercial parking facilities provide parking that is not accessory to a specific use. A
fee mayor may not be charged. A facility that provides both accessory parking for a
specific use and regular fee parking for people not connected to the use is also
classified as Commercial Parking.
2. Examples
Municipal parking facilities; short term and long term fee parking facilities;
commercial shuttle parking facilities; mixed parking lots (partially for a specific use,
partly for rent to others).
E. Eating and Drinking Establishments
1. Characteristics
Establishments where the principal activity is the dispensing and consumption of
prepared food and/or beverages. Depending on the type of establishment, food
and/or beverages may be consumed on or off of the premises. These uses may vary
with regard to traffic generation, congestion, and the potential for off-site impacts.
Therefore, the size, location, and accessory uses permitted may be regulated
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differently based on the underlying zoning.
2. Examples
Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms;
supper clubs; fast food restaurants; bars; nightclubs; taverns; cocktail lounges.
3. Accessory Uses
Off-street parking. Drive-through facilities and sidewalk cafe seating are accessory
uses that are subject to additional regulations outlined in Article 14-4C, Accessory
Uses and Buildings.
4. Exceptions
Establishments featuring nude dancing are considered an Adult Business use.
F. Quick Vehicle Servicing Uses
1. Characteristics
Quick Vehicle Servicing uses provide direct services for motor vehicles where the
driver generally waits in the car or on-site before and while the service is performed.
The facility may include a drive-through area where the service is performed. Full-
serve and mini-serve gas stations are always classified as a principal use, rather than
an accessory use, even when they are in conjunction with other uses.
2. Examples
Full-serve and mini-serve gas stations; unattended card key service stations; car
washes.
3. Accessory Uses
Off-street parking and stacking lanes.
4. Exceptions
a. Repair and service of consumer motor vehicles, motorcycles, and light and
medium trucks is classified as Vehicle Repair and is considered a principal use
rather than an accessory use, even when in conjunction with a gas station or
other use. A development with both a gas station and automotive repair shop
would be classified as containing two principal uses: Quick Vehicle Servicing and
Vehicle Repair.
b. A convenience store located on the same lot as a Quick Vehicle Servicing use is
regulated as a separate principal use, Sales-Oriented Retail.
c. Repair and service of industrial vehicles and equipment, and heavy trucks is
classified as Industrial Service.
d. Fleet vehicle refueling facilities that are located on the site where the fleet
vehicles are kept are classified as an accessory use.
G. Office Uses
1. Characteristics
Office uses are characterized by activities conducted in an office setting and generally
focusing on business, government, professional, medical, or financial services.
2. Examples
Examples include uses from the two subgroups listed below:
a. GeneralOffice: Professional offices, such as lawyers, accountants, engineers,
architects, and real estate agents; financial businesses, such as mortgage
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lenders, brokerage houses, administrative and back office banking facilities;
data processing; government offices; public utility offices; social service agency
offices; television and radio studios.
b. Medical/Dental Office; Medical and dental clinics; chiropractic clinics; medical
and dental labs; blood-collection facilities; physical therapy clinics.
3. Accessory Uses
Cafeterias; exercise facilities for employees; off-street parking; other amenities
primarily for the use of employees in the firm or building. Antennae and satellite
receiving devices that are accessory to a television or radio studio are subject to
additional regulations (See Article 14-4C, Accessory Uses and Buildings).
4. Exceptions
a. Broadcast and other communication towers associated with Radio and Television
studios are classified as Communication Transmission Facilities and are
regulated as a separate principal use.
b. Offices that are accessory to a business or facility in another use category are
not classified as an Office Use, but are subject to the relevant regulations for
accessory uses. For example, a manufacturing facility may include some offices
for administrative functions. These offices are considered accessory to the
Manufacturing and Production use.
c. Retail banking establishments that offer teller services and other personal
banking services for individual customers are considered Personal Service-
oriented Retail. Banking establishments that contain both administrative
offices/back office functions and retail operations are considered to contain two
principal uses: Office and Personal Service-Oriented Retail.
d. Offices for contractors and others who perform services off-site are included in
the Office category if equipment and materials are not stored on the site and
fabrication services or similar work is not conducted on site.
e. Salons and spas that offer therapeutic massage and other aesthetic health
treatments are classified as Personal Service-Oriented Retail.
H. Retail Uses
1. Characteristics
Establishments involved in the sale, lease, or rent of new or used products to the
general public for personal or household consumption and establishments involved in
the sale of personal services, hospitality services, or product repair services to the
general public.
2. Examples
Examples include uses from the five subgroups listed below:
a. Sales-orientecf. Stores selling, leasing, or renting consumer, home, and business
goods, including, but not limited to, antiques, appliances, art, art supplies,
bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers,
furniture, garden supplies, gifts, groceries, hardware, household products,
jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery,
videos. Also includes retail establishments that have a cottage industry
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component, such as bakeries, confectioneries, upholsterer, artist/artisan's
studios, and similar.
b. Personal Service-Oriented: Establishments engaged in providing retail services
and services related to the care of a person or a person's apparel, such as retail
banking establishments, laundromats, catering services, dry cleaners, tailors,
shoe repair, photographic studios, photocopy services, quick printing services,
blueprint services, beauty salons, tanning salons, therapeutic massage
establishments, taxidermists, mortuaries, funeral homes, and crematoriums.
c. Repair-Oriented: Repair of consumer goods, such as electronics, bicycles, office
equipment; appliances.
d. Hospitality-Oriented: Hotels; motels; convention centers; guesthouses;
commercial meeting halls/event facilities.
e. Outdoor Storage and Display-Oriented: Uses that typically include large areas of
outdoor storage or display, such as lumber yards; sales or leasing of consumer
vehicles, including passenger vehicles, light and medium trucks, and recreational
vehicles; sales of landscaping materials and nursery products to the general
public; farm supply and implement sales; equipment or vehicle rental
businesses.
3. Accessory Uses
Offices; storage of goods; assembly, repackaging, or processing of goods for on-site
sale; off-street parking, services incidental to the sale of goods; wholesale sales.
Crematoriums, for either human or pet remains, may be an accessory use to a
funeral home or mortuary.
4. Exceptions
a. Lumber yards and other building material suppliers that sell primarily to
contractors and do not have a retail orientation are classified as Wholesale
Sales.
b. Repair of consumer motor vehicles, motorcycles, and light and medium trucks is
classified as Vehicle Repair. Repair and service of industrial vehicles and
equipment, and heavy trucks is classified as Industrial Service.
c. Sales, rental, or leasing of heavy trucks and equipment is classified as Wholesale
Sales.
d. Firms that primarily sell tree nursery products and landscaping materials to
other retail outlets rather than to the general public are considered Wholesale
Sales.
e. Restaurants and/or bars that are located within a Hospitality-Oriented Retail use
are regulated separately as a principal use and are subject to any specific
regulations related thereto.
f. Bed and Breakfast Inns and Bed and Breakfast Homestays are considered
accessory uses to owner-occupied Detached Single Family Dwellings and are
regulated according to the provisions specified for such uses in Article 14-4C,
Accessory Uses and Buildings.
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g. A pet crematorium, if a principal use on a property, is considered an Animal-
Related Commercial Use. Pet crematoriums may also be an accessory use to a
veterinary clinic.
h. Bed and Breakfast Inns and Bed and Breakfast Homestays are considered
accessory uses to Household Living (See Article 14-4C, Accessory Uses and
Buildings).
I. Surface Passenger Services
1. Characteristics
Passenger terminals for regional bus and passenger rail service.
2. Examples
Regional bus and passenger rail depots; charter and rental bus services.
3. Accessory Uses
Offices; concessions; parking; maintenance and fueling facilities.
4. Exceptions
Bus stations and park-and-ride facilities for local mass transit are classified as General
Community Service Uses.
J. Vehicle Repair Uses
1. Characteristics
Establishments providing repair and servicing of passenger vehicles, light and
medium trucks and other consumer motor vehic:les such as motorcycles, boats and
recreational vehicles. Generally, the customer does not wait at the site while the
service or repair is being performed.
2. Examples
Vehicle repair shops; auto body shops; transmission and muffler shops; alignment
shops; auto upholstery shops; auto detailing services; tire sales and mounting.
3. Accessory Uses
Offices; sales of parts; off-street parking; vehicle storage.
4. Exceptions
a. Towing services and the repair and service of industrial vehicles and equipment
and of heavy trucks are classified as Industrial Service.
b. Vehicle wrecking and salvage are classified as Salvage Operations.
c. Quick vehicle lubrication businesses are classified as Quick Vehicle Servicing.
14-4A-S Industrial Use Cate ories
A. Industrial Service Uses
1. Characteristics
Firms that are engaged in the repair or servicing of industrial, business or consumer
machinery, equipment, products or by-products. Industrial Service firms that service
or repair consumer goods do so primarily by providing centralized services for
separate retail outlets, rather than for individual customers. Few customers,
especially the general public, come to the site.
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2. Examples
Building contractor facilities, yards, and preassembly yards; welding shops; machines
shops; tool repair; electric motor repair; repair of scientific or professional
instruments; repair of heavy machinery; towing and vehicle storage; servicing and
repair of medium and heavy trucks; building, heating, plumbing or electrical
contractors; exterminators; janitorial and building maintenance services; fuel oil
distributors; solid fuel yards, laundry, dry-cleaning, and carpet cleaning plants;
schools for industrial trades.
3. Accessory Uses
Offices; parking; storage; rail spur or lead lines.
4. Exceptions
a. Contractors and others who perform services off-site are included in the Office
Use category if large equipment and materials are not stored indoors or
outdoors on the site, and fabrication, or similar work, is not conducted on the
site.
b. Recycling processing facilities are classified as General Manufacturing.
c. Schools that offer training in industrial trades, but that do not include training
on large equipment or vehicles, and that do not include activities that generate
noise, odors, or dust more typical of industrial uses are classified as SpeCialized
Educational Facilities or Colleges and Universities.
B. Manufacturing and Production Uses
1. Characteristics
Firms that are involved in the manufacturing, processing, fabrication, packaging, or
assembly of goods. Natural, man-made, raw, secondary, or partially completed
materials may be used. Products may be finished or semi-finished and are generally
made for the wholesale market, for transfer to other plants, or to order for
businesses or consumers. Goods are generally not displayed or sold on site, but if
so, they are a subordinate part of sales. Relatively few custOmers come to the
manufacturing site.
2. Examples
Examples include uses from the three subgroups listed below:
a. Technical/Light Manufacturing: Firms engaged in the manufacturing,
development, processing, fabricating, packaging or assembling of electronic
components; electrotherapeutic, electromedical and x-ray apparatus;
engineering, scientific and research laboratory equipment; measuring and
controlling instruments; office, computing and accounting machines; computer
software; optical instruments and lenses; pharmaceuticals; photographic
equipment and supplies; photofinishing laboratories; printing, publishing, and
lithography facilities; research and development laboratories.
b. General Manufacturing: Manufacturing, compounding, assembling or treatment
of most articles, materials, or merchandise. This subgroup excludes those
manufacturing finms listed as examples under Heavy Manufacturing and also
excludes those manufacturing uses that are expressly prohibited in Iowa City.
For example, this subgroup includes the manufacture of most chemicals and
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allied products and the manufacture of most food and kindred products, except
those listed under the Heavy Manufacturing subgroup.
c. Heavy Manufacturing: Manufacturing firms not included in the manufacturing
categories above because they may have significant external effects (excessive
odor, fumes, smoke, dust, hazardous waste) on adjacent less intense
commercial or industrial uses. Included in this category are uses such as
concrete batch/mix plants; asphalt mixing plants; meat packing plants; sawmills
and planing mills; wet corn milling; manufacture of animal feeds; and paper and
paperboard mills.
3. Accessory Uses
Offices; cafeterias; off-street parking; employee recreational facilities; on-site daycare
facilities; warehouses; storage yards; rail spur or lead lines; docks; repair facilities;
truck fleets.
4. Exceptions
a. Manufacturing of goods to be sold primarily on-site and to the general public are
classified as Sales-Oriented Retail.
b. Salvage and wrecking of automobiles, trucks, and other heavy machinery is
classified as Salvage Operations.
5. Prohibited Uses
Rendering plants; Portland cement plants; stockyards and slaughterhouses;
manufacture of fertilizers or explosives; oil refining and alcohol plants; steel mills;
pulp mills.
C. Salvage Operations
1. Characteristics
Firms that collect, store, and dismantle damaged or discarded automobiles, trucks,
machinery, appliances, and building materials. Damaged goods are often dismantled
in order to salvage usable parts for resale.
2. Examples
Auto and truck salvage and wrecking; salvage and wrecking of heavy machinery,
appliances, and building materials.
3. Accessory Uses
Towing services; offices; parking; storage.
4. Exceptions
a. Recycling processing facilities are classified as Waste-Related Uses.
b. Uses that receive, store, or dispose of liquid or solid organic materials or waste
are classified as Waste-Related Uses.
D. Self-Service Storage Uses
1. Characteristics
Uses that provide separate storage areas for individual or business uses. The storage
areas are designed to allow private access by the tenant for storing or removing
personal property.
2. Examples
Mini-warehouses; mini-storage facilities.
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3. Accessory Uses
Security and leasing offices. Use of the storage are.as for sales, service, repair
operations, or manufacturing is not considered accessory to a Self-Service Storage
use.
4. Exceptions
A transfer and storage business where there are no individual storage areas or where
employees are the primary movers of the goods to be stored or transferred is
classified as Warehouse and Freight Movement.
E. Warehouse and Freight Movement Uses
1. Characteristics
Firms involved in the storage or movement of goods for themselves or other firms.
Goods are generally delivered to other firms or the final consumer, except for some
will-call pickups. There is little on-site sales activity with the customer present.
2. Examples
Separate warehouses used by retail stores such as furniture and appliance stores;
household moving and general freight storage; cold storage plants, including frozen
food lockers; major wholesale distribution centers; truck and air freight terminals;
railroad switching yards; bus and railcar storage lots; taxi fleet parking and dispatch;
fleet parking; parcel services; major postal facilities; grain terminals; and the
stockpiling of sand, gravel, and other aggregate materials.
3. Accessory Uses
Offices; fleet parking and maintenance areas; rail spur or lead lines; docks; and
repackaging facilities.
4. Exceptions
a. Uses that involve the transfer or storage of solid or liquid wastes are classified
as Waste-Related Uses.
b. Mini-warehouses are classified as Self-Service Storage.
F. Waste-Related Uses
1. Characteristics
Uses that receive solid or liquid wastes from others for disposal on the site or for
transfer to another location; uses that collect sanitary wastes; uses that recycle solid
waste or recyclable materials; and uses that manufacture or produce goods or energy
from biological decomposition of organic material.
2. Examples
Recycling processing facilities; sanitary landfills; limited use landfills; waste
composting; waste transfer stations; energy recovery plants; sewage treatment
plants; portable sanitary collection equipment storage and pumping; and hazardous
waste collection sites.
3. Accessory Uses
Recycling of materials; offices; repackaging and transshipment of by-products.
4. Exceptions
Uses that receive, store, and dismantle damaged or discarded vehicles, machinery,
appliances or building materials for reuse or resale of component parts are classified
as Salvage Operations.
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5. Prohibited Uses
Disposal, reduQ:ion or dumping of dead animals or offal; radioactive waste storage or
disposal facilities.
G. Wholesale Sales Uses
1. Characteristics
Firms that are involved in the sale, lease, or rent of products primarily intended for
industrial, institutional, or commercial businesses. The uses emphasize on-site sales
or order taking and often include display areas. Businesses mayor may not be open
to the general public, but sales to the general public are limited. Products may be
picked up on site or delivered to the customer.
2. Examples
Wholesale sales and rental of heavy trucks, machinery, equipment, building
materials, special trade tools, welding supplies, machine parts, eleQ:rical supplies,
janitorial supplies, restaurant equipment, and store fixtures; mail order houses;
wholesalers of food, clothing, auto parts, and building hardware.
3. Accessory Uses
Offices; products repair; warehouses; parking; minor fabrication services;
repackaging of goods.
4. Exceptions
a. Firms that engage primarily in sales to the general public oron a membership
basis are classified as Sales-oriented Retail.
b. Firms that are primarily storing goods with little on-site business activity are
classified as Warehouse and Freight Movement.
c. Wholesale plant or tree nurseries are classified as Agriculture.
14-4A-6 Institutional and Civic Uses
A. Basic Utility Uses
1. Characteristics
Basic Utilities are infrastructure services that need to be located in or near the area
where the service is provided. Basic Utility uses generally do not have a large number
of employees at the site. Services may be publicly or privately provided.
2. Examples
Utility substation facilities, such as electric substations, gas regulator stations,
telecommunications switching and relay facilities; water and sewer lift stations, water
towers, and reservoirs.
3. Accessory Uses
Parking; control, monitoring, data or transmission equipment.
4. Exceptions
a. Services where employees or the general public are generally present are
classified as Community Service or Office Uses.
b. Utility offices where employees or customers are generally present are classified
as Office Uses.
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c. Bus barns are classified as Warehouse and Freight Movement.
d. Communications towers, including radio, television, and wireless
communications infrastructure are classified as Communication Transmission
Facilities.
B. Colleges and Universities
1. Characteristics
Public or private colleges and universities that offer courses of general or specialized
study leading to a formal degree. Colleges, universities and professional schools
granting academic degrees and requiring at least a high school diploma or equivalent
general academic training for admission. Junior colleges and technical institutes
requiring at least a high school diploma or equivalent general academic training for
admission and granting associate academic degrees, certificates or diplomas. These
uses tend to be in campus-like settings or on multiple blocks.
2. Examples
Examples include uses from the following two subgroups:
a. Public. Public universities and community colleges that are under state
jurisdiction.
b. Private: Private colleges and universities; private technical colleges; private
nursing and medical schools not accessory to a hospital; seminaries.
3. Accessory Uses
Offices; housing for students; food service; laboratories; health and sports facilities;
theaters; meeting areas; parking; maintenance facilities; support commercial.
4. Exceptions
Business, technical, trade, martial arts, music, dance, and drama schools/studios are
classified as Specialized Educational Facilities. However, business and technical
colleges that offer degree programs in campus-like settings are classified as Private
Colleges and Universities.
C. Community Service Uses
1. Characteristics
Uses of a public, nonprofit, or charitable nature providing a local service to people of
the community. Generally, they provide the service on the site or have employees at
the site on a regular basis. The service is ongoing, not just for special events.
Included are community centers or facilities that have membership provisions that
are open to the general public to join at any time, e.g., a senior center that allows
any senior to join. The use may provide shelter or short term housing where tenancy
may be arranged for periods of less than one month when operated by a public or
non-profit agency. The use may also provide special counseling, education, or
training of a public, nonprofit or charitable nature.
2. Examples
Examples include uses from the following two subgroups:
a. General Community Service: Libraries; museums; transit centers; park and ride
facilities; senior centers; community centers; neighborhood centers; youth club
facilities; some social service facilities; vocational training facilities for the
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physically or mentally disabled; soup kitchens; surplus food distribution centers;
public safety facilities, such as police and fire stations.
b. Community SeIVice - Shelter: Transient housing operated by a public or
nonprofit agency.
3. Accessory Uses
Offices; meeting areas; food preparation areas; parking; health and therapy areas;
daycare uses; athletic facilities.
4. Exceptions
a. Religious institutions and private clubs and lodges are classified as
Religious/Private Group Assembly Uses.
b. Group care facilities where patients are residents of the facility are classified as
Assisted Group Living.
c. Private, for-profit athletic or health clubs are classified as Indoor Commercial
Recreational Uses.
d. Private, for-profit art galleries are classified as Sales-Oriented Retail.
e. Social service agencies that consist primarily of office and counseling functions
and operate in a similar fashion to other office uses are classified as General
Office.
f. Parks and cemeteries are classified as Parks and Open Space.
g. Uses where tenancy is arranged on a month-to-month or longer period are
residential, and are classified as Household Living or Group Living.
h. Alternatives to incarceration, such as halfway houses, where residents of the
facility are under supervision of sworn officers of the court are classified as
Detention Facilities.
D. Daycare Uses
1. Characteristics
A non-residential facility that provides less than 24-hour-per-day care or supervision
for children and adults for a fee. Daycare uses also include organized programs of
short-term supportive daycare in a group environment for adults who need
supervision, assistance or both. Services may include, but are not limited to nursing
and rehabilitative services, personal care, transportation services, social or
recreational activities, and preventative or restorative services.
2. Examples
Childcare centers; adult daycare; preschools and latch key programs not accessory to
an Educational Facility use.
3. Accessory Uses
Offices; recreational areas; playgrounds; parking.
4. Exceptions
a. A Childcare Home (See CHILDCARE HOME in Article 14-9A, General Definitions)
is considered an accessory use and is subject to the requirements of Article 14-
4C, Accessory Uses and Buildings.
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b. Preschools and latch key programs located within an Educational Facility are
considered an accessory use and are subject to the regulations of Article 14-4C,
Accessory Uses and Buildings.
c. Daycare centers that provide on-site care for the employees of a particular
business are considered accessory uses and are subject to the regulations of
Article 14-4C, Accessory Uses and Buildings.
E. Detention Facilities
1. Characteristics
Facilities for the judicially required detention or incarceration of people. Inmates and
detainees are under 24-hour supervision by emplqyees or contractees of the
Department of Corrections, except when on an approved leave. This category also
includes alternatives to incarceration, such as halfway houses, where residents or
inmates are placed by and remain under the supervision of the courts.
2. Examples
Prisons; jails; probation centers; juvenile detention homes; halfway houses.
3. Accessory Uses
Offices; recreational and health facilities; therapy facilities; maintenance facilities;
hobby and manufacturing activities.
4. Exceptions
a. Programs that provide care and training or treatment for psychiatric, alcohol, or
drug problems, where patients are residents of the program, but where patients
are not under 24-hour supervision of employees or contractees of the
Department of Corrections, are classified as Assisted Group Living.
b. Programs that provide transitional living experience for former offenders, where
residents are not currently under 24-hour supervision by employees or
contractees of the Department of Corrections, are classified as Assisted Group
Living.
F. Educational Facilities
1. Characteristics
Public and private schools that provide state-mandated primary and secondary
generalized education; and schools for specialized activities, such as dance, music,
martial arts, business, and technical skills.
2. Examples
Examples include uses from the following two subgroups:
a. General Educational Facilities: Public and private elementary, middle, junior high
and senior high schools, including such schools owned or operated by a religious
entity; boarding schools; military academies.
b. Specialized Educational Facilities: Schools primarily engaged in offering
specialized trade, business, or commercial courses, but not academic training.
Also specialized nondegree-granting schools, such as music schools, dramatic
schools, dance studios, martial arts studios, language schools and civil service
and other short-term examination preparatory schools.
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3. Accessory Uses
Cafeterias; parking; play areas; recreational and sports facilities; auditoriums;
preschools; before and after sChool programs.
4. Exceptions
a. Preschools that are not accessory to an Educational Facility Use are classified as
Daycare.
b. Schools that offer training in industrial trades that include training on large
equipment or vehicles, or that include activities that generate noise, odors, or
dust more typical of industrial uses are classified as Industrial Service.
c. Business, technical, and other colleges that offer degree programs in campus-
like settings are classified as Private Colleges and Universities.
G. Hospitals
1. Characteristics
Uses providing health services for in-patient medical care for sick or injured humans,
including related facilities that are an integral part thereof, such as laboratories, out-
patient facilities, staff offices and emergency medical services. Hospitals tend to be
on multiple blocks or in campus settings.
2. Examples
Hospitals; medical centers.
3. Accessory Uses
Out-patient clinics; offices; laboratories; teaching facilities; meeting areas; cafeterias;
parking, maintenance facilities; overnight facilities for staff or trainees; crematoriums.
4. Exceptions
a. Uses that provide exclusive care and planned treatment or training for
psychiatric, alcohol, or dnug problems, where patients are residents of the
program are considered group care facilities and are classified as Assisted Group
Living.
b. Medical clinics that provide care where patients are not kept overnight are
classified as Medical/Dental Offices.
c. Heliports, helipads and helistops are not considered an accessory use to or an
integral part of a Hospital Use. Such uses are considered Aviation-Related Uses
and are always regulated as a principal use.
H. Parks and Open Space Uses
1. Characteristics
Large areas consisting mostly of natural areas, formal or informal landscaped open
space, and/or open space for outdoor assembly and recreation. This category
includes both public open space areas as well as private, shared open space. These
uses tend to have few structures.
2. Examples
Parks; golf courses; cemeteries; public squares; plazas; botanical gardens;
arboretums; community gardens; boat launching areas; nature preserves.
3. Accessory Uses
Maintenance facilities; concessions; parking. Mausoleums, columbariums, and
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crematoriums within cemeteries and recreational uses within private open space
areas, such as clubhouses, tennis courts, sports fields, and swimming pools, are
regulated as accessory uses and are subject to the regulations of Article 14-4C,
Accessory Uses and Buildings.
4. Exceptions
a. Recreational uses, such as health and athletic clubs, operated as commercial
businesses that are open to the general public, whether payment is on a fee for
services or on a membership basis, are classified as Commercial Recreational
Uses.
b. Accessory outdoor recreational facilities that are located on private property that
are exclusively for use of those that live on the property are considered an
accessory use to the principal use of the property. For example, a swimming
pool, tennis court, or other similar facility located on a property that has as its
principal use an apartment building would be considered an accessory use to a
Multi-Family Use, not an accessory use to a Parks and Open Space Use.
However, a swimming facility located on property that has been designated
private, shared open space used jointly by multiple properties in the vicinity
would be considered an accessory use to a Parks and Open Space Use because
the principal use of the property is private, shared open space.
I. Religious! Private Group Assembly Uses
1. Characteristics
A Religious/Private Group Assembly Use provides meeting space and facilities for a
religious institution or a private, non-profit association. Such a use typically restricts
access to the general public and owns, leases or holds property in common for the
benefit of its members.
2. Examples
Religious institutions, such as churches, temples, synagogues, and mosques; Private,
non-profit meeting halls, clubs, associations, or nonresidential fraternal organizations,
such as the Masonic, Eagles, Moose and Elks Lodges, and the Lions and American
Legion Clubs.
3. Accessory Uses
Parking; maintenance/storage buildings; living quarters for clergy; columbariums.
4. Exceptions
a. Recreational, sports, or athletic clubs operated as a commercial business and
open to the general public to join are classified as Commercial Recreational
Uses.
b. Clubs where the primary activity is the sales of goods or services are classified
as either Sales-Oriented or Personal Service-Oriented Retail.
c. Commercial meeting and event facilities are classified as Hospitality-Oriented
Retail.
d. Fraternities and Sororities associated with a College or University are classified
as Fraternal Group Living Uses.
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e. Facilities owned or operated by a religious institution that provide state-
mandated primary and secondary generalized education are classified as
Educational Facilities.
f. Colleges and Universities, as defined in this Article, which are owned and/or
operated by a religious institution are classified as Colleges and Universities.
g. Hospitals owned and/or operated by a religious institution are classified as
Hospital Uses.
h. Uses that are not typically associated with the primary assembly purpose of the
use, such as retail sales, residential uses (other than for clergy), amusement
parks, and large sports and entertainment facilities may be considered separate
principal uses and regulated accordingly. Decisions regarding whether a use is
an accessory use or a principal use will be based on the factors listed in
Subsection 2A of this Article.
14-4A-7 Other Use Cate ories
A. Agricultural Uses
1. Characteristics
Uses where the principal activities may include the commercial cultivation of plants,
including crop, vegetable, and fruit production, livestock production, and the raising,
boarding, and training of domestic animals.
2. Examples
Examples include uses from the two subgroups listed below:
a. Plant-related: Crop farming; vegetable, fruit, and tree farms; wholesale plant
nurseries.
b. Animal-related: Livestock operations; dairy farms; horse farms.
3. Accessory Uses
Dwellings for proprietors and their families and for employees of the use; storage
buildings; farm outbuildings.
4. Exceptions
a. Livestock auctions are classified as Wholesale Sales.
b. Processing of animal or plant products, including processing and packaging of
dairy products, is classified as either General or Heavy Manufacturing.
c. Plant nurseries that are oriented to retail sales are classified as Outdoor Storage
and Display-Oriented Retail.
d. Kennels (see Definitions) are classified as Intensive Animal-Related Commercial.
5. Prohibited Uses
Stockyards; feedlots and confinement feeding operations.
B. Aviation-Related Uses
1. Characteristics
Facilities for the landing and takeoff of flying vehicles, including loading and
unloading areas and passenger terminals. Aviation facilities may be for commercial
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carriers or for shared use by private aircraft.
2. Examples
Examples include uses from the two subgroups listed below:
a. Airports. Public and private airports and airstrips.
b. Helicopter Landing Facilities. Heliports; helipads; helistops.
3. Accessory Uses
Freight handling areas; concessions; offices; parking; maintenance, storage, and
fueling facilities.
4. Exceptions
Helicopter landing facilities are always classified and regulated as a separate principal
use. No helicopter landing facility shall be construed or interpreted as being an
integral part of any principal use or as being accesSory to any principal use.
C. Extraction Uses
1. Characteristics
The industrial extraction of sand, gravel, or topsoil for off-site use, excluding the
process of grading a lot in preparation for constructing a building or infrastructure.
2. Examples
Quarrying or dredging for sand and gravel.
3. Accessory Uses
Offices; storage and transfer facilities.
D. Communication Transmission Facility Uses
1. Characteristics
All devices, equipment, machinery, structures or supporting elements necessary to
produce non-ionizing electromagnetic radiation and operating as a discrete unit to
produce a signal or message. Towers may be self-supporting, guyed, or mounted on
poles or buildings.
2. Examples
Broadcast towers and antennae; wireless communication towers and antennae; point
to point microwave towers and antennae; emergency communication broadcast
towers and antennae.
3. Accessory Uses
Transmitter facility buildings.
4. Exceptions
a. Receive-only antennae are not included in this category.
b. Shortwave radio towers for personal use are regulated as an accessory use.
c. Radio and television studios are classified in the Office category. Their broadcast
towers are classified as Communication Transmission Facilities and are regulated
as a separate principal use.
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14-4B
Minor Modifications, Variances, Special
Exceptions, and Provisional Uses
Article B. Minor Modifications, Variances, Special
Exceptions, and Provisional Uses
14-4B-1 Minor Modifications
The Building Official or designee is empowered to grant minor modifications from certain
standards specifically enumerated below. Minor modifications provide a mechanism by which
the specified regulations may be modified if the proposed development meets certain criteria
and continues to meet the intended purpose of those regulations. Minor modification reviews
provide flexibility for unusual situations applicable to the property, for which strict application of
the regulations is impractical. The minor modifications listed below may be granted provided
the approval criteria as set forth in subsection B, below, are met. The approval procedures for
minor modifications are set forth in Article 14-8B of this Title, Administrative Approval
Procedures.
A. Applicability
The Building Official may grant the following minor modifications from the requirements of
this Title, provided the approval criteria are met. Any requests for modifications that
exceed the limitations set forth below and all other requests for modifications of the
requirements of this Title require the filing of a special exception or variance application
with the Board of Adjustment.
1. The number of required parking spaces for commercial uses may be reduced up to
10 percent.
2. The Building Official in consultation with the Director of Planning and Community
Development may approve a minor reduction of up to 50 percent of the total number
of parking spaces required, if the uses sharing the parking are not nonmally open,
used, or operated during the same hours. However, this reduction is not allowed for
Residential Uses. To qualify for a reduction under this provision, a parking demand
analysis must be submitted that proVides evidence that the amount of parking
proposed for the shared parking area will be sufficient to meet the parking demand.
3. In the CB-S Zone, a minor modification may be granted exempting up to 30 percent
of the total number of dwelling units contained in a building from the minimum
parking requirements, provided that those dwelling units are committed to the City's
assisted housing program or any other affordable housing program approved by the
City.
4. The height of a wall or fence may be increased up to 25 percent, but in no case shall
a minor modification allow a fence greater than 8 feet high.
5. The height of a principal or accessory building may be increased up to 10 percent.
6. In cases where due to topography or other site characteristics, a wheelchair ramp
cannot meet the limitations placed on its allowed extension into a required setback,
this limitation may be modified.
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7. Required setbacks from a side lot line may be reduced by up to 2 feet, but in no case
shall a required setback from a side lot line be reduced to less than 3 feet, unless the
subject side lot line abuts a public right-of-way or permanent open space.
8. Other setbacks may be reduced by up to 15 percent of the required setback, but in
no case shall a required setback from a rear lot line be reduced to less than 3 feet,
unless the subject side lot line abuts a public right-of-way or permanent open space.
9. One space for parking for persons with disabilities may be located in a required front
setback for commercial uses in a Commercial Zone, when adjacent to an Residential
Zone, where the topography or shape of the lot preclude compliance with the
location requirements for off-street parking.
10. The permitted height of a freestanding sign may be increased by up to 10 feet if the
property is within 1,000 feet of a divided, limited access highway, and there is a
difference in topographical elevations between the property and the highway, such
that the visibility of the sign from the highway would be obstructed if the sign were
limited to the maximum height permitted by ordinance.
11. One nonresident employee may be approved for a home occupation use. However,
nonresident employees are not permitted under any circumstances for the types of
medical offices allowed as home occupations.
12. One nonresident employee may be approved for a Bed and Breakfast Homestay or
Bed and Breakfast Inn.
13. Modifications to the Driveway Spacing Standards contained in Section 14-5C-4 may
be granted, provided there is no feasible alternative to the modification requested
and vehicular and/or pedestrian safety will not be compromised due to the
modification. The Building Official must obtain approval from the City Engineer and
the Director of Planning and Community Development prior to granting any such
modification.
14. A building addition of less than 500 square feet or an accessory storage building less
than 500 square feet in size may be approved for accessory uses within Parks and
Open Space Uses without approval from the Board of Adjustment. However, if any
such building addition increases the occupancy load of the building, a special
exception must be obtained.
15. An building addition of less than 500 square feet or an accessory storage building less
than 500 square feet in size may be approved for General Educational Facilities and
for Religious/Private Group Assembly Uses without approval from the Board of
Adjustment. However, if any such building addition increases the occupancy load of
the building, a special exception must be obtained.
16. Modifications to the Multi-Family Site Development Standards contained in Section
14-2B-6 according to the alternate approval criteria set forth in that section. Such
requests shall be reviewed and approved jointly by the Design Review Committee,
the Director of Planning and Community Development, and the Building Official.
B. Approval Criteria
The Building Official may approve an application for a minor modification, in whole or in
part, with or without conditions, only if the following approval criteria are met.
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1. Special circumstances apply to the property, such as size, shape, topography,
location, surroundings, or characteristics, which make it impractical to comply with
the subject regulation or which warrant a modification to the subject regulation.
2. The minor modification will not be detrimental to the public health, safety, or welfare
or be injurious to other property or improvements in the vicinity and in the zone in
which the property is located.
3. The minor modification does not exceed the minor modification standards or allow a
use or activity not otherwise expressly authorized by the regulations governing the
subject property.
4. The minor modification requested is in conformity with the intent and purpose of the
regulation modified.
5. The requested minor modification complies with other applicable statutes,
ordinances, laws and regulations.
C. Burden of Proof
The applicant bears the burden of proof and must support each of the approval criteria by
a preponderance of the evidence.
D. Precedents
The granting of a minor modification is not grounds for granting other minor modifications
for the same or differing properties.
14-48-2 Variances
The Board of Adjustment is empowered to grant variances from the provisions of this TItle that
will not be contrary to the public interest when, owing to unique circumstances or conditions, a
literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed
by other properties in the zoning district under the terms of the ordinance and would impose
unnecessary and undue hardship on the applicant. To ensure that the spirit of the ordinance is
observed and substantial justice done, no variance to the strict application of any provision of
this TItle shall be granted by the Board unless the applicant demonstrates that all of the
following approval criteria are met. The procedures for obtaining a variance are set forth in
Article 14-8C, Board of Adjustment Approval Procedures.
A. Approval Criteria
1. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse affect on the use or value of other properties in the area
adjacent to the property included in the variance; and
2. The proposed variance will be in harmony with the general purpose and intent of this
Title and will not contravene the objectives of the Comprehensive Plan, as amended;
and
3. The property in question cannot yield a reasonable return if required to comply with
the requirements and standards specified in this TItle; and
4. The owner's situation is unique or peculiar to the property in question, and the
situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood; and
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5, The hardship is not of the landowner's or applicant's own making or that of a
predecessor in title.
B. Use Variance Prohibited
Under no circumstance may the Board grant a variance that would allow a land use, other
than those specifically allowed in the zoning district in which the subject property is
located.
C. Burden of Proof
The applicant bears the burden of proof and must support each of the approval criteria by
a preponderance of the evidence.
D. Precedents
The granting of a variance is not grounds for granting other variances for the same or
differing properties.
14-4B-3 Special Exceptions
The Board of Adjustment is empowered to grant special exceptions to the provisions of this Title
in certain circumstances specifically enumerated within this Title. To ensure that the spirit of the
ordinance is observed and substantial justice done, no special exception shall be granted by the
Board unless the applicant demonstrates that all of the following general approval criteria are
met in addition to any specific approval criteria for the proposed exception listed in Section 4 of
this Article or elsewhere in this Title. The procedures for obtaining a special exception are set
forth in Article 14-8C, Board of Adjustment Approval Procedures.
A. Approval Criteria
In order to grant a special exception, the Board must find that the applicant meets the
specific approval criteria set forth in this Title with respect to the specific proposed
exception. The Board must also find that the applicant meets the following general
approval criteria or that the following criteria do not apply:
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare;
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood;
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located;
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided;
5. Adequate measures have been or will be taken to provide ingress or egress designed
to minimize traffic congestion on public streets;
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located;
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7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
B. Burden of Proof
The applicant bears the burden of proof and must support each of the approval criteria by
a preponderance of the evidence.
C. Precedents
The granting of a special exception is not grounds for granting other special exceptions for
the same or differing properties.
14-48-4 Specific Approval Criteria for Provisional Uses and Special
Exceptions
The following uses are listed as provisional uses or special exceptions in one or more of the
base zones. Provisional uses are permitted, subject to the additional requirements contained in
this Article. A use listed as a special exception in a base zone is permitted only after approval
from the Board of Adjustment, subject to the approval criteria contained in this Section and to
the general special exception approval criteria contained in Section 3 of this Article. In addition
to the approval criteria listed in this Article, all provisional uses and special exceptions are
required to meet the regulations of the base zone in which they are located and all other
applicable regulations of this Title. If a regulation in another part of this Title conflicts with a
regulation contained in this Article, the regulation that is more. specific to the situation applies.
When regulations are equally specific or when it is unclear which regulation to apply, the more
restrictive regulation applies.
A. Residential Uses
1. Detached Single Family Dwellings in the ID Zones
a. Detached Single Family Dwellings associated with an Agricultural Use of the
property are allowed in any ID Zone, provided the dwelling is developed in
accordance with the minimum dimensional standards specified for Detached
Single Family Dwellings in the RR-l Zone. Only one principal dwelling is
permitted per lot.
b. In an ID-RS Zone, Detached Single Family Dwellings not associated with an
Agricultural Use are allowed on minimum lot areas of 5 acres according to the
Dimensional Requirements otherwise specified for the ID Zones. Only one
principal dwelling is permitted per lot.
2. Attached Single Family Dwellings in the RS-S and RS-8 Zones
a. Number of Units
Only one principal dwelling unit is permitted per lot. A maximum of two
dwelling units may be attached.
b. Location
One of the attached dwelling units must be located on a comer lot.
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c. Setbacks
(1) Interior lots. On interior lots the side setback on the side containing the
common wall is reduced to zero. The side building setback on the side
opposite the common wall must be at least 10 feet.
(2) Corner lots. On corner lots either the rear setback or non-street side
setback may be reduced to zero. However, the remaining non-street
setback must be at least 10 feet if it is a side setback and 20 feet if it is a
rear setback.
d. Entrances
(1) To give the attached units the overall appearance of separate dwellings,
each dwelling unit must have its main entrance oriented towards a
different street than the main entrance of the other dwelling unit.
(2) The main entrance must be visible from and oriented towards the street.
To meet this standard the main entrance must face the street, be at an
angle of up to 45 degrees from the street, or open onto a porch. The main
entrance may not face an alley or private rear lane.
(3) Each dwelling must have a paved connection between the main pedestrian
entrance and the public sidewalk or the fronting street in cases where a
sidewalk is not provided.
e. Garages.
The garage entrance for a dwelling unit must be oriented towards the same
street as the dwelling unit's main entrance, unless the garage is oriented toward
an alley or private rear lane. The length of any garage wall that faces a street-
side lot line may not exceed 60 percent of the total length of the building fa~ade
that faces the same street-side lot line.
f. Design features
(1) All windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim. The City may waive this requirement in cases
where the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any
building wall that faces a street-side lot line.
g. Vehicular Access
(1) Access points must comply with the provisions of Article 14-5C, Access
Management Standards.
(2) If the lot width is less than 45 feet, vehicular access is restricted to an alley
or private rear lane.
h. Utilities
Each dwelling unit must have a separate utility service from the street or rear lot
line.
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i. Maintenance
A permanent access and maintenance easement must be secured from the
owner of the lot that abuts the zero lot line side of the dwelling. The easement
must ensure access for maintenance of the exterior portion of the building wall
located on the lot line and other common elements, such as drives and aisles.
This easement must be recorded as a covenant on the applicable lots. Proof of
such recording must be submitted prior to issuance of a building or occupancy
permit.
Figure 48.1 - Single Family Attached in the RS-5 and RS-B Zones
)
ALLEY
.
w
w
e
~
ST1lfET
STREET
3. Attached Single Family Dwellings in the RS-12, RM-12, RNS-20, RM-20,
and MU Zones
a. Number of Units
Only one principal dwelling unit is permitted per lot. A maximum of 6 dwellings
units may be attached unless approved through a Planned Development Overlay
Rezoning.
b. Setbacks
The side setbacks for the attached dwellings may be reduced to zero along the
common wall side of the units. Each end unit in a row of Attached Single Family
Dwellings shall have one side setback that is a minimum of 10 feet, unless the
end unit is on a corner lot. If an end unit is on a corner lot, the remaining non-
street setback must be at least 10 feet if it is a side setback and 20 feet if it is a
rear setback. (See Figure 46.2, below)
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Figure 48.2: Setbacks for Attached Single Family Dwellings
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6 Abched Dwellings MIX.
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c. Entrances
(1) Each dwelling unit must have a separate main entrance that is visible from
and oriented toward the street. To meet this standard the main entrance
must face the street, be at an angle of up to 45 degrees from the street, or
open onto a porch. The main entrance may not face an alley.
(2) Each dwelling must have a paved connection between the main pedestrian
entrance and the public sidewalk or the fronting street in cases where a
sidewalk is not provided.
(3) If parking is located at the rear of a dwelling, a second entrance to the
dwelling must be provided within 20 feet of the rear fa~ade of the dwelling
on either the rear or side fa~de of the dwelling.
d. Design features
(1) All windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim. The City may waive this requirement in cases
where the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any
building wall that faces a street-side lot line.
(4) Iffour or more dwelling units are attached, the units must be articulated
by at least one of the following means in order to prevent monotony, but
the units should be consistent in architectural style and proportion. Figure
4B.3 provides some examples of acceptable building articulation. However,
other designs meeting the standards listed below are acceptable.
(a) Construct front and side elevations of the building of at least 50
percent brick, stone, or other masonry product. For the purpose of
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this provision, masonry shall not include concrete block or poured
concrete materials, except when rusticated concrete block or
decorative concrete is used as a base or exposed foundation material.
(b) Construct front and side elevations of the end units of 100 percent
brick, stone, or other masonry product, For the purpose of this
provision, masonry shall not include concrete block or poured
concrete materials, except when rusticated concrete block or
decorative concrete is used as a base or exposed foundation material.
(C) Distinguish each unit architecturally through a change in the roofline
and a jog in the street-facing wall plane, The jog must be at least 18
inches deep and a minimum of 8 feet wide; the change in the roofline
must be in concert with the jog in the wall plane, which may be
accomplished by the addition of a gable, hip or similar roof that is
perpendicular to the primary roof,
Figure 48.3: Examples of far;ade articulation for Attached Single Family Dwellings
Acceptable
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Acceptable
Acceptable
Tlr-r I
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Acceptable Alternative Facade Articulations
Acceptable Alternative Facade Articulations
e. Vehicular Access
(1) Vehicular access points and garage entrances must comply with the
provisions of Article 14-5C, Access Management Standards and the Single
Family Site Development Standards as set forth in Article 14-2A. Attached
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. Exceptions, and Provisional Uses
Single Family Dwellings located in the MU Zone are also subject to the
standards of subsection 14-2C-9N, Single Family and Two Family Uses in
the MU Zone.
(2) If the lot width is less than 45 feet, vehicular access is restricted to an alley
or private rear lane.
f. Utilities
Each dwelling unit must have a separate utility service from the street or rear lot
line.
g. Maintenance
A permanent access and maintenance easement must be secured from the
owner of the lot that abuts the zero lot line side of the dwelling. The easement
must ensure access for maintenance of the exterior portion of the building wall
located on the lot line and other common elements, such as drives and aisles.
This easement must be recorded as a covenant on the applicable lots. Proof of
such recording must be submitted prior to issuance of a building or occupancy
permit.
4. Detached Zero Lot Line Dwellings
a. Procedure
Any restrictions or easements required in subparagraphs b. through e. must be
recorded as a covenant on the applicable lots. Proof of such recording must be
submitted prior to issuance of a building or occupancy permit.
b. Setbacks
The side setback on one side of the dwelling may be reduced to zero. The other
side setback must be at least 10 feet. A restriction must be recorded on the
deed of each applicable lot to ensure that these setbacks are retained in
perpetuity. A zero side lot line is not permitted for a side lot line that is also a
street lot line or for side setbacks adjacent to lots that are not part of the zero
lot line project. See Figure 4B.4, below.
Figure 48.4 - Setbacks for Detached Zero Lot Line Dwellings
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i fn=----Sf fmn-----Sf f--=----Sf--=l
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c. Vehicular Access
Vehicular access points and garage entrances must comply with the provisions
of Article 14-5C, Access Management Standards and the Single Family Site
Development Standards as set forth in Article 14-2A. In the MU Zone, more
restrictive standards apply (See 14-2C-9N).
d. Maintenance
A permanent access and maintenance easement shall be secured from the
owner of the lot that abuts the zero lot line side of the dwelling. The easement
must ensure access for maintenance of the exterior portion of the building wall
located on the lot line and other common elements, such as drives and aisles.
e. Privacy
On the zero lot line side of the dwelling, windows or other openings that allow
for visibility into the side yard of the adjacent lot are not allowed. Clerestory
windows or translucent windows that do not allow visibility into the side yard of
the adjacent lot are allowed.
5. Two Family Uses in the RS-5, RS-8, RS-12, RNS-12, RM-12, RM-20, RNS-
20, MU Zones
a. Location Limitation in the RS-5 and RS-8 Zones
In the RS-5 and RS-8 Zones, Two Family Uses are only allowed on corner lots.
b. Central Planning District
Two Family Uses located in the Central Planning District must comply with the
provisions of subsection 14-26-61, Additional Standards in the Central Planning
District, which will be administered through the Design Review process, as set
forth in Article 14-86, Administrative Approval Procedures.
c. Entrances
(1) In the RS-5 and RS-8 Zones, to give the structure the overall appearance
of separate dwellings, each dwelling unit must have its main entrance
oriented towards a different street than the main entrance of the other
dwelling unit.
(2) The main entrance must be visible from and oriented towards the street.
To meet this standard the main entrance must face the street, be at an
angle of up to 45 degrees from the street, or open onto a porch. The main
entrance may not face an alley or private rear lane.
(3) Each dwelling must have a paved connection between the main pedestrian
entrance and the public sidewalk or the fronting street in cases where a
sidewalk is not provided.
(4) If parking is located at the rear of a dwelling, a second entrance to the
dwelling must be provided within 20 feet of the rear fa<<;ade of the dwelling
on either the rear or side fac;ade of the dwelling.
d. Design features
(1) All windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim. The City may waive this requirement in cases
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where the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any
building wall that faces a street-side lot line.
e. Garages.
(1) In the RS-5 and RS-8 Zones, the garage entrance for a dwelling unit must
be oriented towards the same street as the dwelling unit's main entrance,
unless the garage is oriented toward an alley or private rear lane.
(2) The length of any garage wall that faces a street-side lot line may net
exceed 60 percent of the total length of the building fa~ade that faces the
same street-side lot line. On corner lots, only the garage wall(s) containing
a garage door must meet this standard. In the MU Zone, garages are
exempt from this standard, but are subject to the standards of subsection
14-2C-9N, Single Family Uses and Two Family Uses in the MU Zone.
f. Access
(1) Access points must comply with the provisions of Article 14-5C, Access
Management Standards and the Single Family Site Development Standards
as set forth in Article 14-2A. Two Family Uses located in the MU Zone are
also subject to the standards of subsection 14-2C-9N, Single Family Uses
and Two Family Uses in the MU Zone.
(2) If the lot width is less than 80 feet, vehicular access is restricted to an alley
or private rear lane. Corner lots and double frontage lots are exempt from
this standard if the vehicular access for one of the dwelling units is located
along a different street than the vehicular access of the other dwelling unit,
or if vehicular access for both dwelling units is located along a street where
the front setback line is at least 80 feet in length. (See definitions of LOT
WIDTH and FRONT SETBACK LINE)
Figure 48.5 - Examples of Two Family Uses in the RS-5 and RS-8 Zones
)
ALLEY
~
~
STREET
STREET
6. Group Households
Group Households are permitted within any housing type allowed in the base zone,
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provided the following conditions are met:
a. The proposed use must meet the definition of elder group home, elder family
home, or family care home.
b. The proposed use must comply with all the approval criteria and base zone
standards for the housing type within which the Group Household is located.
For example, a Group Household located within a Two Family Use in the RS-8
Zone must comply with the conditions listed in paragraph A.5., above.
c. All the individuals residing in the proposed use must live as one household or
family. The dwelling may not contain separate apartments.
d. The owner of the dwelling within which the Group Household is located must
obtain a rental permit from the City.
7. Multi-Family Uses in the CO-l, CN-l, CC-2, CB-2, CB-S, CB-l0 Zones
a. Location
The proposed dwellings must be located above the street level floor of a
building, except as provided in subparagraph e., below.
b. Maximum Density
(1) In the CO-l and CC-2 Zones: 1 dwelling unit per 2,725 square feet of lot
area.
(2) In the CN-l Zone: 1 dwelling unit per 1,800 square feet of lot area.
(3) In the CB-2 Zone: 1 dwelling unit per 875 square feet of lot area.
(4) In the CB-5 and CB-I0 Zones: No maximum.
c. Residential Entrances
(1) Any building containing a Residential Use must have at least one door on
the exterior of the building that provides pedestrian access to the dwelling
units within the building. Access to dwelling units must not be solely
through a parking garage.
(2) Access to entrance doors of any individual dwellings units above the
ground level must be provided from an enclosed lobby or corridor and
stairwell. Unenclosed or partially enclosed exterior stairwells are prohibited.
d. Standards for the Ground Level Floor of the Building
(1) On the ground level floor, the floor to ceiling height must be at least 14
feet.
(2) For the ground level floor of the building, construction must meet the
Building Code specifications for commercial uses.
e. CB-l0 Exception
In the CB-I0 Zone, except as prohibited in subsubparagraph (4), below, the
Board of Adjustment may grant a special exception for Multi-Family Dwellings to
be located on or below the street level floor of a building, provided that the
following criteria are met.
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(1) The proposed dwellings will be located on a property designated as an
Iowa City Historic Landmark. A rehabilitation plan for the property has
been reviewed and approved by the Iowa City Historic Preservation
Commission. The rehabilitation of the property must be completed
according to this plan before an occupancy permit is granted.
(2) The proposed dwellings will not significantly alter the overall commercial
character of the CB-10 Zone.
(3) There are site conditions or building characteristics that make the street
level of the subject building or buildings unsuitable for other uses allowed
in the CB-10 Zone.
(4) If an existing building on a landmark property includes three or more of
the following commercial storefront characteristics, dwellings are prohibited
on or below the street level floor of that building:
(a) The main entrance to the building is at or near grade;
(b) The front fa~de of the building is located within ten feet of the front
property line;
(c) The front fa~ade of the building contains ground floor storefront or
display windows; and
(d) The street level floor of the building was originally constructed to
accommodate Sales-Oriented and Personal Service-Oriented Retail
Uses and/or has historically been used for these purposes.
8. Assisted Group Living
a. Maximum Density
Maximum density within an Assisted Group Living Use is as follows. For
purposes of calculating maximum density staff and live-in staff of a facility are
not considered roomers.
(1) In the RM-12 Zone: One roomer per 750 square feet of lot area.
(2) In the RM-20, RNS-20, and MU Zones: One roomer per 550 square feet of
lot area.
(3) In the RM-44, PRM, CO-1, and CI-1 Zones: One roomer per 300 square
feet of lot area.
b. Facilities
The Group Living Use must have bath and toilet facilities available for use by
roomers in such numbers as specified in Title 17, Building and Housing. In
addition, the occupants may have access to a communal kitchen, dining room,
and other common facilities and services.
9. Independent Group Living
The maximum density and maximum occupancy standards for an Independent Group
Living Use are as follows. Both density and occupancy limitations apply in all cases.
a. Maximum Density
(1) In the RM-20 Zone: 1 roomer per 550 square feet of lot area.
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(2) In the RM-44 and PRM Zones: 1 roomer per 300 square feet of lot area,
b. Maximum Occupancy
1 roomer per 300 square feet of floor area within the Independent Group Living
Use,
c. Facilities
The Group Living Use must have bath and toilet facilities available for use by
roomers in such numbers as specified in Title 17, Building and Housing, In
addition, the occupants may have access to a communal kitchen, dining room,
and other common facilities related to the use,
10. Fraternal Group Living
The maximum density and maximum occupancy standards for a Fraternal Group
Living Use are as follows. Both density and occupancy limitations apply in all cases.
a. Maximum Density:
(1) In the RM-20 and RNS-20 Zones: 1 roomer per 550 square feet of lot area.
(2) In the RM-44 and PRM Zones: 1 roomer per 300 square feet of lot area.
b. Maximum Occupancy
1 roomer per 300 square feet of floor area within the Fraternal Group Living
Use.
c. Facilities
The Group Living Use must have bath and toilet facilities available for use by
roomers in such numbers as specified in Title 17, Building and Housing. In
addition, the occupants may have access to a communal kitchen, dining room,
and other common facilities related to the use.
B. Commercial Uses
1. Adult Business Uses
a. The proposed use will be located at least 1,000 feet from any property
containing an existing Daycare Use, Educational Facility Use, Parks and Open
Space Use, Religious/Private Assembly Use, or Residential Use;
b. The proposed use will be located at least 1,000 feet from any Single Family or
Multi-Family Residential Zone;
c. The proposed use will be located at least 500 feet from any other Adult Business
Use.
2. General Animal-Related Commercial in the CN-l, CO-l, CC-2, CB-2, and CB-
S Zones
All aspects of the operation of the facility, including any accessory uses must be
conducted completely indoors within a soundproof building.
3. General and Intensive Animal-Related Commercial in the 10, RR-l and CI-l
Zones
a. In the ID Zones and the RR-l Zone, any outdoor facilities, including unenclosed
stable areas, outdoor dog runs and animal exercise areas must be setback at
least 100 feet from any lot line. Overnight boarding facilities must be located
completely indoors within a soundproof building. If all aspects of the operation,
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including any accessory uses are conducted completely indoors within a
soundproof building, then the setback requirements of this provision do not
apply, However, the use is subject to any setback requirements of the base
zone,
b. In the CI-l Zone, any facility with outdoor runs or exercise areas must be
located at least 400 feet from any Residential Zone. Overnight boarding facilities
must be located completely indoors within a soundproof building. If all aspects
of the operation, including any accessory uses are conducted completely indoors
within a soundproof building, then the setback requirements of this provision do
not apply. However, the use is subject to any setback requirements of the base
zone.
4. Outdoor Commercial Recreational Uses in the 10 Zones and the CC-2 Zone
a. The proposed use will be designed and developed with adequate separation
between outdoor activity areas and surrounding properties. Outdoor activity
areas must be setback and separated from other uses or surrounding properties
by distance, landscaping and/or screening as deemed appropriate for the
intensity of the use.
b. The proposed use will be in compliance with Title 6, Chapter 4 (Noise Control),
of the City Code. If the proposed use is located within 400 feet of a Residential
Zone, the proposed use may not use sound amplifying equipment as a regular
part of its operation.
c. The proposed hours of operation will be similar to or complementary to other
uses in the area based on the projected intensity of the use, the specific
characteristics of the locale, and the existing and future uses intended for the
area according to the Comprehensive Plan.
5. Indoor Commercial Recreational Uses in the CO-l Zone
a. Indoor Commercial Recreational Uses are limited to 5,000 square feet of gross
floor area. The maximum size may be increased by special exception, provided
that the following criteria are met:
(1) The increased floor area will be supportable primarily by employees of the
surrounding businesses and by nearby residents;
(2) The proposed use will be designed to be of similar scale and character to
surrounding businesses and residences.
(3) The proposed exception wi II be consistent with the stated intent of the CO-
1 Zone.
6. Indoor Commercial Recreational Uses in the CN-l Zone
Indoor Commercial Recreational Uses are limited to 5,000 square feet of gross floor
area.
7. Indoor Commercial Recreational Uses in the ROP and ORP Zones
a. The proposed use will primarily serve employees of the firms located within the
subject RDP or ORP Zone.
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b. The proposed use will not significantly alter the overall character of the research
park zone and will not inhibit future development of office, light industrial, and
research firms for which the zone is primarily intended.
c. The proposed use will be compatible with surrounding uses with regard to
building design, site design, traffic circulation, and signage.
8. Commercial Parking in the CB-2, CB-S and CB-10 Zones
Commercial Parking is limited to parking facilities owned and operated by the
municipal government.
9. Eating and Drinking Establishments in the CN-l, MU, and COol Zones
a. The occupancy load for anyone establishment will not exceed 100, except as
allowed in subparagraph c., below.
b. Drive-through windows and drive-through lanes are prohibited.
c. In the CN-l Zone, the maximum occupancy load may be increased to 125 by
special exception, provided that the following criteria are met:
(1) The increased floor area will be supportable primarily by residents of the
surrounding area;
(2) The proposed exception will result in a more attractive neighborhood
commercial development due to the presence of outdoor eating areas that
enhance the pedestrian orientation of the development, additional parking
lot landscaping, additional vegetative buffers, or other site improvements.
(3) The proposed exception will be consistent with the stated intent of the CN-
1 Zone.
10. Quick Vehicle Servicing
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and
service lanes, must be screened from the public right-of-way to the 52 standard
and to the 53 standard along any side or rear lot line that abuts a Residential
Zone boundary (See Article 14-5F, Screening and Buffering Standards).
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and
vehicle conflicts along abutting streets.
c. Unenclosed canopies over gas pump islands must be setback at least 10 feet
from any street right-of-way. Fuel dispensing equipment must be setback at
least 10 feet from any street right-of-way and at least 100 feet from any
Residential Zone boundary, except in the CB-2 Zone. In the CB-2 Zone, fuel
dispensing equipment must be setback at least 10 feet from any street right-of-
way and at least 70 feet from any Residential Zone boundary.
d. All lighting must comply with the provisions of Article 14-5G, Outdoor Lighting
Standards.
e. In the CN-l, CB-2, and CB-5 Zones, the proposed use will be designed and
developed with adequate separation and screening between vehicular use areas
and adjacent Residential Zones.
f. In the CN-l, CB-2, and CB-5 Zones, car washes may contain no more than one
bay and are permitted only if built in conjunction with another Quick Vehicle
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Servicing Use. The car wash must be located adjacent to and on the same
property as the other Quick Vehicle Servicing Use and must be set back an
adequate distance and screened to the 53 standard along any side or rear lot
line that abuts a Residential Zone boundary.
g. In the CN-l Zone, no light source on the property, except for internally lit signs,
shall be higher than 15 feet above finished grade.
h. Where it can be demonstrated that the proposed use cannot comply with a
specific site development standard of the CB-5 Zone, the Board of Adjustment
may grant a special exception to modify or waive the provision, provided that
the intent of the development standard is not unduly compromised. The Board
of Adjustment may impose any condition or conditions that are warranted to
mitigate the effects of any variation from these development standards.
11. Office Uses in the CN-1Zone
Each office use is limited to 5,000 square feet of gross floor area. Of this 5,000
square feet, no more than 2,400 square feet may be located on the ground floor of a
building.
12. Personal Service-Oriented Retail in the PRM Zone
a. The proposed use is limited to 2,400 square feet of gross floor area.
b. The proposed use will be supportable primarily by residents of the surrounding
area.
c. The proposed use will not be contrary to the intent of the PRM Zone.
d. Crematoriums, if proposed as a principal use, are not permitted in this Zone.
Crematoriums are allowed if they are accessory to a funeral home and meet all
other provisions of this paragraph.
13. Sales-Oriented and Personal Service-Oriented Retail in the CN-l Zone
a. Each such use is limited to 2,400 square feet of gross floor area, except as
provided below:
(1) Drugstores and hardware stores may contain up to 15,000 square feet of
gross floor area.
(2) Grocery stores, including sales of specialty food items, such as bakery and
delicatessen goods, may contain up to 30,000 square feet of gross floor
area. Grocery stores that include other departments for goods and
services allowed in the CN-1 Zone may contain up to 40,000 square feet of
gross floor area, provided that any floor area that exceeds 30,000 square
feet is departmentalized for nonfood products and services.
(3) Except for the uses listed in subparagraphs a. and b., above, the limit on
floor area for anyone use may be increased from 2,400 square feet up to
5,000 square feet by special exception, provided that the following criteria
are met:
(a) The increased floor area will be supportable primarily by residents of
the surrounding area;
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(b) The proposed exception will be consistent with the stated intent of
the CN-l Zone.
b. Crematoriums, if proposed as a principal use, are not permitted in this Zone.
Crematoriums are allowed if they are accessory to a funeral home and meet all
other provisions of this paragraph.
14. Sales-Oriented and Personal Service-Oriented Retail in the MU Zone
a. Any such use is limited to 2,400 square feet of gross floor area.
b. The limit on floor area for anyone use may be increased from 2,400 square feet
up to 5,000 square feet by special exception, provided that the following criteria
are met:
(a) The increased floor area will be supportable primarily by residents of
the surrounding area;
(b) The proposed exception will be consistent with the stated intent of
the MU Zone.
c. Crematoriums, if proposed as a principal use, are not permitted in this Zone.
Crematoriums are allowed if they are accessory to a funeral home and meet all
other provisions of this paragraph.
15. Sales-Oriented Retail in the CH-1 Zone
Sales-Oriented Retail Uses are limited to convenience stores associated with Quick
Vehicle Servicing Uses.
16. Sales-Oriented Retail in the CI-1 Zone
Sales-Oriented Retail is limited to the following specific uses:
a. Convenience stores associated with Quick Vehicle Servicing Uses;
b. Retail establishments that primarily sell building supplies, auto supplies,
hardware, paint, flooring materials, furniture, or appliances.
c. Sales-Oriented Retail associated with a Repair-Oriented Retail, Industrial
Service, LightfTechnical Manufacturing, or General Manufacturing Use, provided
that the floor area devoted to the retail display of merchandise does not exceed
50% of the total ground floor area or 5,000 square feet, whichever is less.
d. Consignment stores as defined in Article 14-9A, General Definitions.
17. Hospitality-Oriented Retail in the RM-44, PRM, MU, CO-1, and CN-1 Zones
Hospitality-Oriented Retail is limited to guesthouses as defined in Article 14-9A of this
Title, General Definitions.
18. Hospitality-Oriented Retail in the RDP and ORP Zones
a. The proposed use will be located on a lot along the periphery of the ORP or RDP
Zone such that traffic to and from the proposed use will not adversely affect the
office, light industrial, and research firms for which the zone is primarily
intended.
b. The proposed use will not significantly alter the overall character of the research
park zone and will not inhibit future development of office, light industrial, and
research firms for which the zone is primarily intended.
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c. The proposed use will be compatible with surrounding uses with regard to
building design, site design, traffic circulation, and signage.
19. Outdoor Storage and Display-Oriented Retail in the CC-2 Zone
a. Outdoor storage of materials must be concealed from public view to the extent
possible. If it is not feasible to conceal the storage areas behind buildings, the
storage areas must be setback at least 20 feet from any public right-of-way,
including public trails and open space, and screened from view to at least the 53
standard (See Article 14-5F, Screening and Buffering Standards). If a fence is
built around the storage area, the required screening must be located between
the fence and the public right-of-way.
b. All outdoor storage areas that are located along a side or rear lot line that does
not abut a public right-of-way must be setback at least 10 feet from said lot line
and screened from view of the adjacent property to at least the 53 standard. If
a fence is built around the storage area, the required screening must be located
between the fence and the adjacent property.
c. The landscape screening requirement for outdoor storage areas may be waived
by the Building Official upon presentation of convincing evidence that a planting
screen cannot be expected to thrive because of intense shade, soil conditions,
or other site characteristics. The presence of existing pavement, by itself, shall
not constitute convincing evidence. If the landscape screening requirement is
waived by the Building Official, a fence built to the 55 standard must be
substituted for the landscape screening.
d. Outdoor display of merchandise for immediate sale must be set back at least 10
feet from public rights-of-way and landscaped to at least the 51 standard.
e. Any outdoor display area located along a side or rear lot line that does not abut
a public right-of-way must be set back at least 10 feet from said lot line and
screened to at least the S2 standard. If the display area is adjacent to a
Residential Zone boundary it has to be screened to the 53 standard.
f. The landscape screening requirement for outdoor display may be waived by the
Building Official upon presentation of convincing evidence that a planting screen
cannot be expected to thrive because of intense shade, soil conditions, or other
site characteristics. The presence of existing pavement, by itself, shall not
constitute convincing evidence.
20. Vehicle Repair in the CC-2, CI-l, CH-l, and CB-2 Zones
a. The property containing the Vehicle Repair Use must be located at least 100
feet from any Residential Zone boundary, except in the CB-2 Zone. In the CB-2
Zone, the property containing the Vehicle Repair Use must be located at least 70
feet from any Residential Zone boundary.
b. No vehicle shall be stored on the property for more than 45 continuous days.
c. The site must be designed to minimize views of vehicular use areas from the
public right-of-way and from adjacent properties.
(1) Outdoor storage areas, including storage of vehicles to be repaired, must
be concealed from public view to the extent possible. If it is not feasible to
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conceal the storage areas behind buildings, the storage areas must be
setback at least 20 feet from any public right-of-way, including public trails
and open space, and screened from public view to at least the 53
standard,
(2) Other vehicular use areas that abut the public right-of-way, including
parking and stacking spaces, driveways, aisles, and service lanes, must be
set back at least 10 feet from the public right-of-way and landscaped
according to the 52 standard,
(3) All outdoor storage areas that abut other properties must be fenced to the
55 standard and screened to at least the 53 standard (See Article 14-5F,
Screening and Buffering Standards). Landscape screening must be located
between the fence and the abutting property. The landscape screening
requirement may be waived by the Board of Adjustment (in the case of a
special exception) or by the Building Official, upon presentation of
convincing evidence that a planting screen cannot be expected to thrive
because of intense shade, soil conditions, or other site characteristics. The
presence of existing pavement, by itself, shall not constitute convincing
evidence,
C. Industrial Uses
1. Technical/Light Manufacturing and General Manufacturing in the CC-2, CB-
2, CB-5, and CB-l0 Zones
a. The proposed use is limited to a "cottage industry" as defined in Article14-9A,
General Definitions,
b. The proposed use is limited to 5,000 square feet of gross floor area, excluding
floor area devoted to other principal or accessory uses, except as provided in e.,
below.
c. The proposed use meets the performance standards for off-site impacts
contained in Article 14-5H, Performance Standards. The City may require
certification of compliance from a registered professional engineer or other
qualified person.
d. The following General Manufacturing Uses are prohibited.
(1) The manufacturing of chemicals and allied products;
(2) Any manufacturing establishment that includes milling or processing of
grain;
(3) Leather tanning;
(4) Manufacturing of motor vehicles;
(5) Manufacture or processing or rubber or plastics;
(6) Textile mills.
e. The limit on floor area for a proposed use may be increased from 5,000 square
feet up to 15,000 square feet by special exception.
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2. Technical/Light Manufacturing and General Manufacturing in the Cl-1 Zone
a. The proposed use is limited to 5,000 square feet of gross floor area, excluding
floor area devoted to other principal or accessory uses, except as provided in d"
below.
b. The proposed use meets the performance standards for off-site impacts
contained in Article 14-5H, Performance Standards. The City may require
certification of compliance from a registered professional engineer or other
qualified person.
c. The following General Manufacturing uses are prohibited in the CI-l Zone:
(1) The manufacturing of chemicals and allied products;
(2) Any manufacturing establishment that includes milling or processing of
grain;
(3) Leather tanning;
(4) Manufacture of motor vehicles;
(5) Manufacture or processing of rubber and plastics;
(6) Textile mills.
d. The limit on floor area for a proposed use may be increased from 5,000 square
feet up to 15,000 square feet by special exception.
3. General Manufacturing in the 1-1 Zone
Any manufacturing establishment that includes milling or processing of grain must
comply with the following standards:
a. All manufacturing, processing, storage, and packaging must be conducted within
completely enclosed buildings;
b. All transferring of raw materials and finished products must be conducted within
completely enclosed buildings, by pneumatic tubes, or by sealed containers;
c. Prior to issuance of a certificate of occupancy, the grain milling and processing
operation must submit documentation demonstrating that the Iowa Department
of Natural Resources (IDNR) or its successor has approved the application and
permit to install or alter equipment or control equipment if the IDNR or its
successor requires such a permit.
4. Heavy Manufacturing in the Cl-1 and the 1-1 Zones
Heavy Manufacturing Uses in the CI-l and 1-1 Zones are limited to concrete
batch/mix plants. Concrete batch/mix plants must meet the following standards.
a. The proposed use must be located at least 500 feet from any residentially zoned
property.
b. All proposed outdoor storage and work areas must be located and screened to
adequately reduce the noise, dust, and visual impact of the proposed use from
surrounding properties.
c. Traffic circulation and access points must be designed to prevent hazards to
adjacent streets or property.
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5. Salvage Operations
a. The proposed use must be located at least 1,000 feet from any residentially
zoned property,
b. All outdoor storage and work areas must be completely enclosed by a fence
built to at least the 55 standard such that outdoor storage or salvage operations
are not visible from adjacent properties, streets, or highways (See Article 14-5F,
Screening and Buffering Standards). Salvage materials may not be piled against
the fence or piled higher than the height of the fence.
c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely
surrounds the use, must be established and maintained.
d. The storage of rags, paper and similar combustible waste may not be stored
closer than 100 feet from any property line unless enclosed in a masonry
building of not less than 4-hour, fire-resistive construction.
6. Warehouse and Freight Movement in the RDP and ORP Zones.
a. The proposed use must be associated with a Technical/Light Manufacturing or
Office Use allowed in the RDP or ORP Zone.
b. Warehouse facilities may occupy up to 60 percent of the total gross floor area of
the building or buildings on the site.
c. Warehouse and Freight Movement facilities may not be located between the
building(s) that house the Technical/Light Manufacturing or Office Use and any
street right-of-way.
d. Outdoor storage of products or merchandise is not permitted. Outdoor work
areas and loading areas must be screened from public view to at least the 53
standard (See Article 14-5F, Screening and Buffering Standards).
7. Waste-Related Uses in the 1-1 and 1.2 Zones
Waste-Related Uses are limited to recycling processing facilities. Recycling
processing facilities must meet the following standards.
a. All unloading, processing, and storage of materials, including discarded,
recyclable, or processed materials, must be conducted within completely
enclosed buildings, except as provided below.
(1) Outdoor storage is limited to those materials that are intended for reuse,
remanufacture, or reconstitution, and not for final disposal in a landfill, by
incineration, or by other means. If outdoor storage is proposed, a
management plan to control the spread of litter and debris must be
submitted and approved as a part of site plan review. The screening
standards referenced in subsubparagraphs (2) through (6), below, are
minimum standards and may be supplemented with additional walls,
fencing, or landscaping to control the spread of litter and debris.
(2) Outdoor storage areas, including the storage of empty waste containers
and collection vehicles, must be screened from view of adjacent
commercially zoned properties to at least the 53 or 55 standard (See
Article 14-5F, Screening and Buffering Standards). Outdoor storage areas
within view of property in a Residential Zone or within public view, as
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defined in this Title, must be screened from public view to at least the 53
standard.
(3) Paper products, cardboard, plastic, and other similar materials may not be
stored outdoors unless they have been processed by baling, palletizing, or
other means to control the spread of litter;
(4) Outdoor storage of unprocessed materials is limited to glass, metal, or
other materials that are not easily dispersed by wind. If stored outdoors,
these materials must be stored in containers or structures designed to
control the spread of litter and debris.
(5) Collection containers for recyclable materials that are open to the public
may be located outdoors, provided that the containers are designed to
control the spread of litter and debris. Any public collection area located
within public view, as defined in this Title, or within view of residentially
zoned property must be screened to at least to the 53 standard.
(6) Outdoor storage of discarded tires or appliances is limited to 1500 square
feet of lot area. The storage area must be located and fenced according to
the 55 standard such that it is not visible from any adjacent property or
street (See Article 14-5F, Screening and Buffering Standards). Materials
may not be piled against the fence or higher than the height of the fence.
Tires may not be stored closer than 100 feet to any property line. Mosquito
abatement measures must be incorporated into the design of any outdoor
storage area that contains tires.
b. In the 1-1 Zone, outdoor storage areas and publiccollection areas may not be
located between any building and the street right-of-way. In cases where an
outdoor storage area cannot physically be located anywhere but between a
building and the street right- of-way, the City may approve the location if
properly screened.
8. Wholesale Sales in the RDP and ORP Zones
In the RDP and ORP Zones, Wholesale Sales is permitted, provided that the products
sold are produced by an Office or Technical/light Manufacturing Use located on the
same property.
9. Wholesale Sales in the CC-2, CB-2, CB-5, and CB-l0 Zones
a. Wholesale Sales (as a principal or accessory use) is allowed if in conjunction
with a Retail Use or an Eating and Drinking Establishment.
b. Anyon-site accessory storage or warehouse facilities must not exceed 40
percent of the floor area of the principal uses on the property as stated in
subsection 14-4C-2W, Storage Buildings and Warehouse Facilities.
D. Institutional and Civic Uses
1. Basic Utilities in the Commercial and Industrial Zones and the ID-C, ID-I,
and ID-RP Zones
a. Basic Utilities within enclosed buildings.
In all Commercial, Industrial, and Research Zones, and in the ID-C, ID-I, and
ID-RP Zones, Basic Utilities are permitted within a building that houses another
principal use allowed in the zone, provided the facility is completely enclosed
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and there is no visible indication of the existence of the facility from the exterior
of the building.
b. Basic Utilities not enclosed within a building.
(1) In the ID-I, 1-1 and 1-2 Zones, Basic Utilities not enclosed within a building
are permitted, provided the use is located at least 200 feet from any
Residential Zone and is screened from view of public rights-of-way to at
least the S3 standard. To ensure public safety, the City may also require
that the use be enclosed by a fence. Basic Utilities that cannot meet the
200-foot separation requirement may apply for a special exception from
the Board of Adjustment as described in subsubparagraph (2), below.
(2) In all Commercial Zones, the RDP and ORP Zones, and the ID-C and ID-RP
Zones, Basic Utilities not enclosed within a building are permitted only by
special exception. Proposed uses must be screened from public view and
from view of any adjacent Residential Zones to at least the S3 standard.
In addition, the applicant must provide evidence that the proposed use will
be compatible with surrounding structures and uses with regard to safety,
size, height, scale, location, and design, particularly for facilities that will be
located close to or within view of a Residential Zone. For uses located in
highly visible areas, the Board may consider additional design elements
such as masonry or brick facades, and walls or fencing to improve public
safety and to soften the visual impact of the proposed use. Water and
sanitary sewer pumps or lift stations approved by the City as part of
subdivision or site plan approval do not require special exception approval
from the Board of Adjustment.
(3) In the ID-RP and the ORP Zone, the Board of Adjustment may grant a
special exception to reduce the minimum lot size for a Basic Utility Use,
provided that the applicant demonstrates that the facility will be located,
screened, and landscaped in a manner that will not detract from
surrounding properties or prevent development of an attractive
entranceway to an existing or future office research park.
2. Private Colleges and Universities in the RDP and ORP Zones
a. The proposed use will be located such that traffic to and from the proposed use
will not adversely affect the office, light industrial, and research firms for which
the zone is primarily intended.
b. The proposed use will not significantly alter the overall character of the research
park zone and will not inhibit future development of office, light industrial, and
research firms for which the zone is primarily intended. The Board will consider
such factors as size and scale of the development, projected traffic generation,
and whether adequate transportation, transit, and pedestrian facilities exist to
support the proposed use.
c. The proposed use will be compatible with surrounding uses with regard to
building design, site design, traffic circulation, and signage.
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3. General Community Service Uses in the RM-12, RM-20, RNS-20, RM-44,
PRM, MU, and CN-l Zones
a. Community Service Uses are limited to "neighborhood centers," as defined in
Article 14-9A, General Definitions,
b. If the proposed use is located in a Residential Zone or the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-26-6,
4. General Community Service Uses in the CI-l and 1-1 Zones
The proposed use will not significantly alter the overall character of the zone and will
not inhibit future development of uses for which the zone is primarily intended, The
60ard will consider such factors as size and scale of the development, projected
traffic generation, and whether adequate transportation, transit, and pedestrian
facilities exist to support the proposed use, Community Service uses that are
industrial or repair-oriented in nature or that include operations that require outdoor
work areas may be particularly suited to these zones,
5. Community Service - Shelter Uses
a. Maximum Density
(1) In the RM-12 and MU Zones: 750 square feet of lot area per permanent
resident and 200 square feet of lot area per temporary resident.
(2) In the RM-20, RNS-20, and CO-1 Zones: 550 square feet of lot area per
permanent resident and 200 square feet of lot area per temporary
resident.
(3) In the RM-44, PRM Zones, CI-1, CC-2, and C6-2 Zones a minimum of 300
square feet of lot area per permanent resident and 200 square feet of lot
area per temporary resident is required,
b. Nuisance Issues
The proposed use will not have significant adverse affects on the livability of
nearby residential or commercial uses due to loitering, noise, glare from lights,
late night operations, odors, outdoor storage, and litter. The applicant must
submit a site plan and a shelter management plan that address these issues.
The management plan must include a litter control plan, a loitering control plan,
a plan for on-site security, and a conflict resolution procedure to resolve
nuisance issues if they occur. The site plan and shelter management plan must
be submitted along with the application for a special exception or if allowed as a
provisional use, such plan must be included with the materials submitted for site
plan review.
c. Site Development Standards
(1) If the proposed use in located in a Residential Zone or in the Central
Planning District, it must comply with the Multi-Family Site Development
Standards as set forth in Section 14-26-6.
(2) In the C6-5 and C6-1O Zones, Community Service - Shelter uses must be
located above the street level floor of a building.
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(3) The proposed facility must comply with the minimum standards as
specified in the Iowa City Housing Code, as amended.
6. Daycare Uses
a. Required Interior Activity Areas
Child daycare centers must contain at least 35 square feet of usable interior
floor space per child. Adult daycare centers must contain a minimum of 60
square feet of usable floor area per adult client. An additional 20 square feet of
floor area is required for every adult client who uses ambulatory aids.
Reception areas, kitchens, storage areas, offices, bathrooms, hallways,
treatment rooms, and specialized areas used for therapy are excluded when
calculating the required floor area. The dining area may only be included in the
square footage calculation if used by daycare participants for activities other
than meals. When co-located in a facility that houses other uses or services, the
proposed daycare use must have its own separate identifiable space for
program activities during operational hours.
b. Required Outdoor Areas
Child daycare uses must provide a fenced outdoor play area of not less than 100
square feet per child based on the maximum number of children that will be
using the outdoor play area at any given time. The outdoor play area must meet
the following standards:
(1) Playground equipment is not permitted within the front and side setbacks.
(2) Outdoor play areas must be well-drained, free from hazards, and readily
accessible to the daycare center. In Residential Zones, outdoor play areas
must be completely enclosed by a fence at least four feet in height. In
Commercial and Industrial Zones, the outdoor play area must be
completely enclosed by a fence built to the 54 standard and be screened
along the perimeter of the fence to the S3 standard (See Article 14-5F,
Screening and Buffering Standards). The City may waive the screening
requirement if it is determined that land uses surrounding the daycare use
will not pose a nuisance or safety hazard to the children such that a
screening buffer is necessary.
c. Vehicular Access
In Single Family Residential Zones, a daycare center that provides care for more
than 16 persons must have direct vehicular access to a street with paving wider
than 28 feet.
d. Vehicular Circulation
The drop off/pick up area for the use must be designed to allow for sufficient
stacking spaces located in proximity to the main entrance. To promote safe
vehicular circulation, one-way drives are encouraged.
e. Pedestrian Circulation
A sidewalk must be constructed connecting the main entrance of the center to
the adjacent public right-of-way. Pedestrian access must be clearly separated or
distinguished from vehicular circulation areas to minimize the extent to which
users of the facility are required to walk across drives or aisles to gain access to
the daycare center.
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f. Site Development Standards
If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-26-6, Daycare facilities that are accessory uses are exempt
from this provision,
7. Detention Facilities
a. The proposed use will be located at least 1,000 feet from any property
containing an existing Daycare Use, Educational Facility Use, Parks and Open
Space Use, Religious/Private Group Assembly Use or Residential Use;
b. The proposed use will be located at least 1,000 feet from any Residential Zone;
c. The proposed use will be located at least 500 feet from any other Detention
Facility, .
d. The facility and its operations will not pose an unreasonable safety risk to
nearby uses and residents, The applicant must submit to the Board of
Adjustment a detailed plan for on-site security,
8. General Educational Facilities in the RR-1, RM-12, RM-20, RNS-20, RM-44,
PRM, MU, and CO-1 Zones
a. Vehicular access to the proposed use is limited to streets with pavement width
greater than 28 feet.
b. The number of off-street parking spaces provided may not exceed one and one-
half (1.5) times the minimum number of spaces required, unless granted a
special exception to do so. The Board of Adjustment will carefully review any
requests for parking spaces beyond the maximum allowed, particularly in areas
where large parking lots will erode the residential character of the
neighborhood. The Board may limit the number of parking spaces and the size
and location of parking lots, taking into account the availability of on-street
parking, the estimated parking demand, and opportunities for shared parking
with other nonresidential uses in the vicinity of the use.
c. Minimum Setbacks:
(1) Front: 20 feet
(2) Side: 20 feet
(3) Rear: 50 feet
d. If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-2B-6.
9. General Educational Facilities in the RS-5, RS-8, RS-12, and RNS-12 Zones
a. Vehicular access to the proposed use is limited to streets with pavement width
greater than 28 feet.
b. Minimum Setbacks:
(1) Front: 20 feet
(2) Side: 20 feet
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(3) Rear: 50 feet
c. The proposed use will be designed to be compatible with adjacent uses. The
Board of Adjustment will consider aspects of the proposed use, such as the site
size, types of accessory uses, anticipated traffic, building scale, setbacks,
landscaping, and location and amount of paved areas. The Board of Adjustment
may deny the use or aspects of the use that are deemed out of scale,
incompatible, or out of character with surrounding residential uses, or may
require additional measures to mitigate these differences. Additional
requirements may include, but are not limited to, additional screening,
landscaping, pedestrian facilities, setbacks, location and design of parking
facilities, and location and design of buildings.
d. Given that large parking lots can seriously erode the single family residential
character of these zones, the Board of Adjustment will carefully review any
requests for parking spaces beyond the minimum required. The Board may limit
the number of parking spaces and the size and location of parking lots, taking
into account the availability of on-street parking, the estimated parking demand,
and opportunities for shared parking with other nonresidential uses in the
vicinity of the use.
e. The proposed use will not have significant adverse affects on the livability of
nearby residential uses due to noise, glare from lights, late-night operations,
odors, and litter.
f. The Building Official may grant approval for the following modifications to a
Educational Facility, without approval from the Board of Adjustment, upon
written findings that the modification will not be detrimental to the public
health, safety, or welfare, or be injurious to the other property or improvements
in the vicinity and in the zone in which the property is located.
(1) An accessory storage building less than 500 square feet in size.
(2) A building addition of less than 500 square feet, provided the addition does
not increase the occupancy load of the building.
g. If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-2B-6.
10. Specialized Educational Facilities in the PRM, MU, and CN-l Zones
a. Any such use is limited to 2,400 square feet of gross floor area.
b. If the proposed use in located in the PRM or MU Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-2B-6.
11. Hospitals in the CO-l Zone
Hospitals that existed prior to 1963 are exempt from and may expand without
compliance with the maximum height and FAR standards of the CO-1 Zone.
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12. Parks and Open Space
a. Any new cemetery use must be located on a site containing at least 5 acres,
Other shared private open space uses are exempt from the minimum lot
requirements of the base zone in which they are located,
b. The following uses and facilities are regulated as accessory uses and are subject
to the regulations of Article 14-4C, Accessory Uses and Buildings:
(1) Accessory uses within shared private open space areas. Swimming pools,
tennis courts, boat ramps, and other recreational facilities, These are
recreational facilities that are shared among residents of the surrounding
properties and are maintained and operated by a common homeowners' or
residents' association. Recreational, sports, or athletic clubs operated as a
commercial business and open to the general public to join are classified as
Commercial Recreational Facilities and are regulated as a principal use.
(2) Accessory uses within cemeteries. Mausoleums, chapels, and similar
accessory facilities associated with funerals or burial.
(3) Accessory uses within golf courses. Clubhouses and driving ranges.
13. Religious/Private Group Assembly in the IO-RM, IO-C, RR-l, RM-12, RM-
20, RNS-20, RM-44, PRM, MU, and CO-l Zones
a. Vehicular access to the proposed use is limited to streets with pavement width
greater than 28 feet.
b. Religious Institutions in existence prior to 1 963 that are located in the RM-12,
RM-20, RNS-20, RM-44, PRM, MU, and CO-l are exemptfrom and may expand
without compliance with the required number of parking spaces.
c. Religious Institutions located in the PRM Zone that have parking areas that
existed prior to March 1, 1992 and if such parking areas are within 300 feet of a
Commercial Zone, the Religious Institution may lease up to and including 2/3 of
the required parking spaces within said parking areas to other users.
d. The number of off-street parking spaces provided may not exceed one and one-
half (1.5) times the minimum number of spaces required, unless granted a
special exception to do so. The Board of Adjustment will carefully review any
requests for parking spaces beyond the maximum allowed, particularly in areas
where large parking lots will erode the residential character of the
neighborhood. The Board may limit the number of parking spaces and the size
and location of parking lots, taking into account the availability of on-street
parking, the estimated parking demand, and opportunities for shared parking
with other nonresidential uses in the vicinity of the use
e. Minimum Setbacks:
(1) Front: 20 feet
(2) Side: 20 feet
(3) Rear: 50 feet
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f. If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-2B-6,
14. Religious/Private Group Assembly in the ID-RS, RS-S, RS-8, RS-12, and
RNS-12 Zones
a. Vehicular access to the proposed use is limited to streets with pavement width
greater than 28 feet.
b. Minimum Setbacks:
(1) Front: 20 feet
(2) Side: 20 feet
(3) Rear: SO feet
c. The proposed use will be designed to be compatible with adjacent uses. The
Board of Adjustment will consider aspects of the proposed use, such as the site
size, types of accessory uses, anticipated traffic, building scale, setbacks,
landscaping, and location and amount of paved areas, The Board of Adjustment
may deny the use or aspects of the use that are deemed out of scale,
incompatible, or out of character with surrounding residential uses, or may
require additional measures to mitigate these differences. Additional
requirements may include, but are not limited to, additional screening,
landscaping, pedestrian facilities, setbacks, location and design of parking
facilities, and location and design of buildings.
d. Given that large parking lots can seriously erode the single family residential
character of these zones, the Board of Adjustment will carefully review any
requests for parking spaces beyond the minimum required, The Board may limit
the number of parking spaces and the size and location of parking lots, taking
into account the availability of on-street parking, the estimated parking demand,
and opportunities for shared parking with other nonresidential uses in the
vicinity of the use.
e. The proposed use will not have significant adverse affects on the livability of
nearby residential uses due to noise, glare from lights, late-night operations,
odors, and litter.
f. The Building Official may grant approval for the following modifications to a
Religious/Private Group Assembly Use, without approval from the Board of
Adjustment, upon written findings that the modification will not be detrimental
to the public health, safety, or welfare, or be injurious to the other property or
improvements in the vicinity and in the zone in which the property is located,
(1) An accessory storage building less than 500 square feet in size.
(2) A building addition of less than 500 square feet, provided the addition does
not increase the occupancy load of the building.
g. If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-2B-6.
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E. Other Uses
1. Animal-Related Agriculture in the 10 Zones
a. Livestock feedlots must be located no closer than 1/4 mile from any Residential
Zone boundary.
b. Confinement feeding operations are prohibited.
2. Extraction
a. Extraction is not permitted within 1,000 feet of a Residential Zone.
b. Proof of compliance with all State requirements, including all approvals and
licenses referenced in subparagraphs c. through e. must be submitted to the
City for review and approval prior to commencing extraction operations.
c. Approval for the withdrawal of water must be obtained from the Iowa
Department of Natural Resources, or its successor.
d. Approval for operation in a floodplain must be obtained from the Iowa
Department of Natural Resources, or its successor.
e. A license to operate the Extraction use must be obtained from the Iowa
Department of Agricultural and Land Stewardship, Division of Soil Conservation,
or its successor. Failure to maintain said license shall constitute abandonment.
3. Helicopter Landing Facilities in the 1-1, 1-2, ROP, and ORP Zones
a. The proposed landing facility must be located at least 1,000 feet from any
Residential Zone.
b. The landing facility must meet all applicable federal regulations. Documentation
of compliance with federal regulations must be submitted to the Board of
Adjustment with the application for a special exception.
4. Communication Transmission Facilities in Residential Zones and in the 10-
RS and IO-RM Zones
Communication Transmission Facilities are limited to communications antennae,
provided the following conditions are met:
a. The antenna is mounted on the roof of a principal building that contains a
nonresidential use or on the roof of a building that is accessory to a
nonresidential use. Examples include church and school buildings. A maximum
of two antennae is permitted per building.
b. Strobe lighting is prohibited in Residential Zones. Therefore, any antenna that
requires such illumination is prohibited.
c. Any equipment associated with an antenna must be located within the exterior
walls of the building to which the antenna is attached. No separate equipment
shed is permitted. .
5. Communication Transmission Facilities in Commercial Zones and the IO-C
Zone; Privately-Owned Communication Transmission Facilities in Public
Zones.
a. Communications antennae are permitted in all Commercial Zones, the ID-C
Zone, and in Public Zones provided the following conditions are met:
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(1) The antenna must be mounted on another structure allowed in the zone,
such as a rooftop, light pole, or utility pole.
(2) In the CN-l and CO-l Zones and in any ID-C Zone that is intended for a
future CN-l Zone, strobe lighting is prohibited. Therefore, any antenna
that requires such illumination is prohibited in these zones.
(3) In Public Zones and in the CC-2, CH-l, CI-l, CB-2, CB-5, and CB-lO Zones
and in any ID-C Zone not intended for a future CN-l Zone, antennae may
not be illuminated by strobe lights unless required by federal regulations.
If alternatives are allowed under federal guidelines, strobe lights may not
be used.
(4) Any equipment associated with an antenna must be located within the
exterior walls of the building to which the antenna is attached or screened
from view of the public right-of-way and any adjacent property to at least
to the 53 standard (See Article 14-5F, Screening and Buffering Standards).
If the equipment is located on the roof it must be set back and screened so
that it is not within public view or appears to be part of the building.
b. Communications towers are allowed by special exception in Public Zones, the
ID-C, CO-l, CN-l, CH-l, CI-l, CC-2, CB"2, CB-5, and CB-l0 Zones and must
comply with the following approval criteria:
(1) If the proposed tower will be located in an ID-C Zone that is intended for a
future Neighborhood Commercial Zone according to the Comprehensive
Plan, as amended, then it must comply with any specific standards listed
below for CN-l Zones.
(2) The proposed tower serves an area that cannot be served by an existing
tower or industrial property or by locating antennae on existing structures
in the area. The applicant must document attempts to utilize existing
structures, towers, or industrial properties within one-half mile of the
proposed tower.
(3) The proposed tower will be constructed in a manner that will camouflage
the structure and reduce its visual impact on the surrounding area.
Examples of camouflage design include towers camouflaged as flag poles,
monuments, steeples, or the integration of rooftop towers onto existing
buildings, water towers, etc. Rooftop towers must use materials similar to
or that blend in with the structure to which it is attached. Other
camouflaged tower structures must be of similar height and appearance as
other similar structures allowed in the zone, e.g. towers camouflaged as
light poles or utility poles must be of similar height and appearance as
other such poles.
(4) The proposed tower will be no taller than is necessary to provide the
service intended. In the ID-C (except areas intended for CN-l), CH-l, CC-
2, CI-l, CB-2, CB-5 and CB-l0 Zones, communications towers are exempt
from the maximum height standards of the base zone, but under no
circumstance may the tower be taller than 120 feet from grade. In the CO-
1, CN-l, and any ID-C Zone intended for CN-l, communications towers
must comply with the same height standards that would apply to the type
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of structure to which they are attached. For example, if the tower is
camouflaged as a light pole, flag pole, or utility pole it must not exceed the
height limitation for such structures as specified in the base zone. If no
height standard exists in the code for such a structure, it must be designed
to be of similar height and appearance to other similar or typical
structures. If the tower is camouflaged as a chimney or other similar
rooftop structure, the Board may exempt it from the base zone height
standards if it is designed as if it were an integral part of the building and
is not out of scale or proportion to other similar rooftop structures.
(5) The proposed tower will be setback at least a distance equal to the height
of the tower from any Residential Zone, ID-RS Zone, and ID-RM Zone.
(6) Any equipment associated with the tower facility will be enclosed in an
equipment shed or building, which must be adequately screened from view
of the public right-of-way and any adjacent residential or commercial
property .
(7) The proposed tower will not utilize a back-up generator as a principal
power source. Back-up generators may only be used in the event of a
power outage.
(8) In the CN-1 and CO-1 Zones and in any ID-C Zone that is intended for a
future CN-1 Zone, strobe lighting is prohibited. Therefore, any tower that
requires such illumination is prohibited in these zones. The tower will not
be illuminated by strobe lights unless required by federal regulations. If
alternatives are allowed under federal guidelines, strobe lights may not be
used.
(9) The proposed tower may be designed and constructed to accommodate up
to two additional users, provided this additional capacity does not prevent
the applicant from adequately screening or camouflaging the use.
(10) If use of the tower is discontinued, the tower and any associated
equipment must be removed by the owner of the tower or the owner of
the property within one year of discontinuance of use.
6. Communication Transmission Facilities in Industrial and Research Park
Zones and the ID-RP and ID-I Zones
a. Communications antennae are permitted in all Industrial and Research Park
Zones and in the ID-I and ID-RP Zones, provided the antenna is mounted on
another structure allowed in the zone, such as a rooftop, light pole, or utility
pole.
b. Communications towers are allowed in the ID-I, 1-1 and 1-2 Zones and by
special exception in the ID-RP, RDP and ORPZones, provided the following
conditions are met:
(1) The proposed tower will be setback at least a distance equal to the height
of the tower from any Residential Zone, ID-RS Zone, and ID-RM Zone.
(2) The tower and any associated equipment buildings must be screened from
the public right-of-way and any bordering Residential or Commercial Zone
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to at least the 53 standard (See Article 14-5F, Screening and Buffering
Standards).
(3) The proposed tower must be designed and constructed to accommodate at
least two additional users.
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Article C. Accessory Uses and Buildings
14-4C-1 General Approval Criteria
Accessory uses, buildings or other structures customarily incidental to and commonly associated
with a permitted use, provisional use or special exception are permitted, provided they are
operated and maintained according to the following standards:
A. The accessory use is subordinate to the principal use of the property and contributes to
the comfort, convenience or necessity of occupants, customers, or employees of the
principal use;
B. The accessory use, building or structure is under the same ownership as the principal use
or uses on the property;
C. The accessory use, building or structure does not include structures, structural features, or
activities inconsistent with the uses to which they are accessory;
D. Except for off-street parking located on a separate lot as approved through a special
exception, the accessory use, building, or structure is located on the same lot as the
principal use or uses to which it is accessory; and
E. The accessory use, building, or structure conforms to the applicable base zone regulations
and to the specific approval criteria and development standards contained in this Article.
14-4C-2 Specific Approval Criteria
Any accessory uses listed in the following subsections must comply with the conditions listed.
As noted, some require special exception approval from the Board of Adjustment. If a
regulation in the Base Zone Chapter conflicts with a regulation contained in this Article, the
regulation that is more specific to the situation applies. When regulations are equally specific or
when it is unclear which regulation to apply, the more restrictive regulation will govern.
A. Accessory Apartmeots
Accessory Apartments are permitted in the RS-S, RS-8, RS-12, RM-12, RM-20, and RNS-20
zones in owner-occupied Detached Single Family Dwellings and Detached Zero Lot Line
Dwellings and in buildings accessory to these same dwelling types, provided the following
conditions are met:
1. Permit Required
Prior to the establishment of any accessory apartment, the owner of the principal
dwelling unit must obtain a rental permit from the Department of Housing and
Inspection Services according to the applicable procedures set forth in Chapter 8 of
this Title, Review and Approval Procedures.
2. Owoership aod Occupaocy
a. The owner of the property on which an accessory apartment is located must
occupy at least one of the dwelling units on the premises as the permanent
legal resident.
b. The accessory apartment and the principal dwelling must be under the same
ownership.
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c. On properties that contain an accessory dwelling unit, the total number of
individuals that reside on the property (including both principal and accessory
units) may not exceed the number allowed for one "household," as this term is
defined in the zoning district in which the property is located.
3. Site Requirements
a. Only one accessory apartment may be established per single family lot.
b. In addition to the parking required for the principal dwelling unit, one off-street
parking space is required for the accessory apartment.
c. The minimum lot area per unit requirement of the underlying base zone does
not apply to an accessory apartment, i.e. no additional lot area is required
beyond that which is required for the principal dwelling unit.
4. Design Requirements
a. The accessory apartment may be located within the principal dwelling or within
an accessory building.
b. The accessory apartment must be a complete, separate dwelling unit that
functions independently from the principal single-family dwelling unit. It must
contain its own kitchen and bathroom facilities.
c. When located within the principal dwelling, the accessory apartment must be
designed so that the appearance of the building remains that of a single-family
residence. Any new entrances should face the side or rear yard of the building,
and any addition for an accessory apartment may not increase the floor area of
the original dwelling by more than 10 percent. Exterior finish materials, trim,
windows, and eaves must visually match the principal dwelling unit.
5. Apartment Size
The accessory apartment must be clearly subordinate in area to the principal dwelling
unit or to the accessory building in which it is located. Accordingly, it must comply
with the following standards:
a. For an accessory apartment located within a principal dwelling unit, the floor
area of the accessory unit may not exceed 30 percent of the total floor area of
the principal dwelling, excluding the area of an attached garage, or 650 square
feet, whichever is less.
b. For an accessory apartment located within an accessory building, the floor area
of the accessory apartment may not exceed 50 percent of the total floor area of
the accessory building or 650 square feet, whichever is less.
c. The accessory apartment may contain no more than one bedroom.
B. Accessory Retail Sales
1. For nonresidential uses, accessory retail sales is permitted, provided the following
conditions are met. Retail sales associated with Home Occupations is addressed in
the subsection entitled, "Home Occupations," below.
a. Accessory retail sales must clearly be subordinate to the use to which it is
accessory. The floor area devoted to accessory retail sales may not exceed
1,000 square feet or 40 percent of the total floor area of the principal use to
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which the retail sales is accessory, whichever is less. The floor area devoted to
accessory uses is included when calculating the total floor area of the principal
use. For example, a small manufacturing establishment contains a total of
2,000 square feet of floor area. Under this provision, the establishment may
include up to 800 square feet of accessory retail space.
b. The operation of and area devoted to retail sales must meet the Performance
Standards for commercial zones as specified in Article 14-5H.
c. The products sold must be manufactured, processed, or fabricated on the
property or must be associated with the principal use of the property.
C. Accessory Uses within Parks and Open Space Uses
1. Within cemeteries, all structures, including, but not limited to mausoleums,
columbariums, crematoriums, permanent monuments and maintenance buildings,
must be set back a minimum of 20 feet from any property line or street right-of-way
line. Such structures must be screened from view of abutting residential properties to
at least the S3 standard (See Article 14-5F, Screening and Buffering Standards). If
such structures are located such that they are not visible from residential properties,
then screening is not required.
2. Playground equipment, picnic facilities, shelters, and gazebos are permitted within
Parks and Open Space Uses, provided they are set back a minimum of 20 feet from
any property line or street right-of-way line.
3. Uses, buildings and structures devoted to active recreational activities, such as club
houses, driving ranges, swimming pools, recreation buildings, sports fields, and
tennis courts, which are located within private, shared open space are permitted by
special exception and are subject to the approval criteria in the following
subparagraphs, except for uses approved through a Planned Development process.
Uses, buildings, and structures devoted to active recreational activities approved
through a Planned Development process are not initially required to obtain special
exception approval. However, any expansion or enlargement of such a use, building,
or structure requires special exception approval from the Board of Adjustment, except
as permitted in subparagraph g, below. A special exception is not required for
buildings or structures devoted to active recreational activities within public parks.
a. The proposed use is properly located to provide adequate separation between
properties and between uses within the Parks and Open Space area. Any
buildings associated with the proposed use must comply with the setback
requirements for principal buildings in the underlying base zone. other
structures and facilities must be set back at least 20 feet from any property line.
The Board of Adjustment may reduce or increase the setback requirements,
provided that adequate separation is established based on the specific use
proposed and the nature of the surrounding properties.
b. The proposed use is consistent with the intended character of the specific Parks
and Open Space area;
c. The location or operation of the proposed use will not compromise any
designated environmental conservation areas adjacent to or within the Parks
and Open Space area.
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d. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation factors include street
capacity and level of service, access requirements, on"street parking impacts,
neighborhood impacts, and pedestrian safety.
e. Adequate public services are available or will be made available to serve the
proposed use.
f. The proposed use will not have significant adverse impacts on the livability of
nearby residential properties due to noise, glare from lights, late-night
operations, odors, and litter.
g. The Building Official may grant approval for the following minor modifications to
accessory uses within Parks and Open Space Uses without approval from the
Board of Adjustment, according to the procedures and approval criteria for
Minor Modifications as set forth in Article 14-4B.
(1) An accessory storage building less than 500 square feet in size.
(2) A building addition of less than 500 square feet, provided the addition does
not increase the occupancy load of the building.
D. Bed and Breakfast Homestays
Bed and Breakfast Homestays are allowed in owner-occupied Detached Single Family
Dwellings, provided the following conditions are met:
1. The principal use of the property must be an owner-occupied Detached Single Family
Dwelling.
2. No more than 3 bedrooms are provided to guests who stay for periods not to exceed
14 consecutive days.
3. A minimum of two off"street parking spaces must be provided in addition to the
parking spaces required for the dwelling. Parking spaces may be located one behind
the other.
4. Nonresident employees are prohibited, except as approved by the Building Official as
a Minor Modification, according to the procedures and approval criteria for Minor
Modifications as set forth in Article 14"4B.
5. If a dwelling contains rooming units for permanent roomers, the number of permitted
bedrooms for a Bed and Breakfast Homestay is reduced by the number of rooming
units.
6. Fire protection equipment must be installed and maintained according to the
currently adopted International Residential Code.
7. Signage identifying the Bed and Breakfast Homestay is limited to one non"iIIuminated
sign not exceeding two square feet in area.
8. Every two years, the operator must obtain a rental permit authorizing this use from
the City after establishing compliance with City ordinances. '
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E. Bed and Breakfast Inns
Bed and Breakfast Inns are allowed in owner-occupied Detached Single Family Dwellings,
subject to approval of a special exception by the Board of Adjustment and provided the
following conditions are met:
1. The principal use of the property must be an owner-occupied Detached Single Family
Dwelling.
2. No more than 5 bedrooms are provided to guests who stay for periods not to exceed
14 consecutive days.
3. A minimum of three off-street parking spaces must be provided in addition to the
parking spaces required for the dwelling. Parking spaces may be located one behind
the other.
4. Nonresident employees are prohibited, except as approved by the Building Official as
a Minor Modification, according to the procedures and approval criteria for Minor
Modifications as set forth in Article 14-4B.
5. If dwellings contain rooming units for permanent roomers, the number of permitted
bedrooms for a Bed and Breakfast Inn is reduced by the number of rooming units.
6. Fire protection equipment must be installed and maintained according to the
currently adopted International Residential Code.
7. Signage identifying the Bed and Breakfast Inn is limited to one non-illuminated sign
not exceeding two square feet in area.
8. Every two years, the operator must obtain a rental permit authorizing this use from
the City after establishing compliance with City ordinances.
F. Caretaker Residences in the Industrial and Research Park Zones
In the Industrial and Research Park Zones, a maximum of one residence for a proprietor,
caretaker, or watch person is permitted, provided it is located on the same property as the
commercial or industrial use.
G. Childcare Homes
1. Childcare homes, as defined in this Title, that provide care for up to 8 children are
permitted in any zone that allows Household Living Uses, provided the operation and
maintenance of the childcare home meets all applicable State requirements. A
childcare home is permitted one nonresident caregiver in addition to the primary
resident caregiver.
2. Childcare homes, as defined in this Title, that provide care for 9 to 16 children are
permitted in any zone that allows Household Living Uses, provided the following
conditions are met:
a. The home must provide a fenced outdoor play area of not less than 50 square
feet per child based on the maximum number of children that will be using the
outdoor play area at any given time;
b. The home must contain 35 s9uare feet of interior floor space per child,
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c. The home must have a working fire extinguisher, smoke detectors, and two
direct exits;
d. The operation and maintenance of the home must meet all applicable State
requirements.
e. The home is permitted one nonresident caregiver in addition to the primary
resident caregiver.
H. Communication Towers, Antennae, and Satellite Receiving Devices
1. Accessory communications antennae and satellite receiving devices, one meter or
smaller in diameter, are permitted in any zone, provided that such a device is in
compliance with the provisions of Article 14-50, Intersection Visibility Standards.
2. Accessory satellite receiving devices larger than one meter in diameter are permitted
in all Commercial and Industrial Zones, provided that no such device is located in
violation of the provisions of Article 14-50, Intersection Visibility Standards. In
Residential Zones, including the ID-RS and ID-RM Zones, such devices are permitted,
provided they are not located in the area between the street and the principal
building, within the required principal building, front or side setback area, or on the
roof of any building.
3. Communications towers, other than amateur radio and citizen band transmitters, are
permitted according to the requirements for Communications Transmission Facilities
as set forth in Article 14-46.
4. Amateur radio and citizen band transmitters, antennae, and supporting structures are
permitted in any zone, provided they are not located in the area between a street
and a principal structure or within the required side setback.
I. Daycare
Oaycare accessory to Institutional, Commercial, or Industrial Uses is permitted according
to the approval criteria for Daycare Uses as set forth in Article 14-46.
J. Decks and Patios, Uncovered
1. In Residential Zones.
a. Uncovered patios and decks constructed 2 feet or less above grade must be set
back at least 10 feet from any front or street-side lot line and set back at least 2
feet from any alley right-of-way. No side setback is required.
b. Uncovered patios and decks constructed more than 2 feet above grade must be
set back at least 10 feet from any front or street-side lot line, at least 5 feet
from any side lot line, and at least 2 feet from any alley right-of-way.
2. In all zones, except Residential.
a. Uncovered patios and decks must be set back at least 10 feet from any front or
street-side lot line and set back at least 2 feet from any alley right-of-way. No
side setback is required.
b. Oecks and patios in any zone where there is no front setback requirement for
principal buildings are exempt from the front setback requirement in
subparagraph a, above.
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K. Drive-Through Facilities
1. Drive-through facilities are allowed according to Table 4C-1, below.
Table-4C-1: Drive-Through Facilities
Zone _ Drive-through faclllti" allowed
IP Zon" None permitted
'R"ldel1dal-Zon" None Permitted
..t.,;
qO.1~q~
Limited to facilities that are accessory to financial
insUtutions
permitted
'.'.:'i'
Limited to facilities that are accessory to financial
institutions and pharmacies.
Maximum of 2 lanes allowed for a financial
institution;
Maximum of I lane allowed for a pharmacy
Permitted by special exception
None permitted
'Addlti~qalrequlieril.l1ts
Not applicable
Not applicable
Special exception required. See additional
approval criteria listed below.
Drive through lanes must be set back at
least 10 feet from property lines and must
be screened from view of any abutting
Residential Zone to the 53 standard (See
Article 14-5F, Screening and Buffering
Standards).
Special exception required. See additional
approvai criteria listed below.
Special exception required. See additional
approval criteria listed beiow.
Not applicable
2. Special exception approval criteria.
a. The number of drive-through lanes, stacking spaces and paved area necessary
for the drive-through facility will not be detrimental to adjacent residential
properties or detract from or unduly interrupt pedestrian circulation or the
commercial character of the area where it is located. To promote compatibility
with surrounding development, safe pedestrian access, and efficient and safe
vehicular circulation on the site, the Board of Adjustment may require certain
conditions, including, but not limited to, restricting the location of the drive-
through to rear or side access, requiring directional signage, limiting the number
of lanes and/or amount of paving, and limiting or prohibiting the use of
loudspeaker systems.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation factors include street
capacity and level of service, effects on traffic circulation, access requirements,
and pedestrian safety. An adequate number of stacking spaces must be
provided to ensure that traffic safety is not compromised.
c. The drive-through lanes must be set back at least 10 feet from adjacent lot lines
and public rights-of-way and screened from view to the S2 standard (See Article
14-5F, Screening and Buffering Standards). If the drive-through is located
adjacent to a residential use or property zoned Residential, it must be screened
from view of these properties to at least the S3 standard (See Article 14-5F,
Screening and Buffering Standards). The Board of Adjustment may increase or
reduce these standards according to the specific circumstances affecting the
site.
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d. Lighting for the drive-through facility must comply with the outdoor lighting
standards set forth in Article 14-5G and must be designed to prevent light
trespass and glare onto neighboring residential properties.
L. Fences, Walls, and Hedges
1. Permit Required. A permit is required for all of the following:
a. Electric fences;
b. Barbed wire fences;
c. Any fence or wall over 6 feet in height;
d. Any retaining wall over 6 feet in height measured from the top of the footing to
the top of the wall; and
e. A retaining wall of any height that supports a surcharge or impounds flammable
liquids.
2. Location and Height Requirements. All fences, walls, and hedges located within a
principal building front, side, or rear setback area or within 5 feet of a lot line, are
subject to the following location and height requirements.
a. No portion of a fence or wall more than 10 percent solid shall exceed eight feet
in height. The solidity is the percent of the fence over a random area which is
made up of solid, opaque material, and which does not allow light or air to pass
through. Retaining walls are exempt from the provisions of this subparagraph.
b. Fences, walls, and hedges must be set back at least 2 feet from any alley or
street right-of-way line.
c. On comer lots, fences, walls, and hedges over 2 feet in height must comply with
the provisions of Article 14-5D, Intersection Visibility Standards.
d. Fences and walls that exceed 4 feet in height are not permitted in the principal
building, front setback area on properties zoned Residential or on properties
located within 50 feet of any property along the same frontage that is zoned
Residential. However, this height limit is increased to 6 feet for lots with
frontages along an expressway or an arterial street, provided that the lot is a
double frontage lot or a reversed corner lot. Retaining walls are exempt from
the provisions of this subparagraph.
3. Barbed wire and electric fences are subject to the following regulations.
a. Barbed wire consists of twisted wires with barbs on each wire. The barbs on
each wire must be at least 4 inches apart. Any barbed wire that doesn't meet
this description is prohibited. Concertina wire is prohibited.
b. Except when used for the enclosure of livestock associated with an allowed
Agriculture Use, barbed wire fences are permitted only in the Commercial,
Industrial, and Research Zones, provided the bottom strand of barbed wire is
not less than six feet above grade.
c. Except for the enclosure of livestock associated with an allowed Agriculture Use,
electric fences are not permitted in any zone.
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d. No electric fence shall carry a charge greater than 25 milliamperes nor a
pulsating current lower than one-tenth second in a one second cycle. All electric
fences must carry the seal of an approved testing laboratory.
e. Barbed wire and electric fences are prohibited within 5 feet of a public sidewalk
or within 4 feet of a street right-of-way line where a public sidewalk does not
exist. In the latter case, however, a barbed wire or electric fence may be
installed or constructed along the right-of-way line if the property owner agrees
to move the fence back the required distance within 2 months after the
installation of a public sidewalk. Said agreement must be submitted with the
application for a fence permit.
M. Home Occupations
There are two categories of home occupations, Type A and Type B. Type A home
occupations are permitted, provided the use complies with the standards in paragraphs 3
through 9, below. Type B home occupations are permitted, provided the use complies
with the standards in paragraphs 3 through 9, below, and the operator of the use obtains
a home occupation permit from the City as described .in paragraph 2, below. The
standards for Bed and Breakfast Homestays, Bed and Breakfast Inns, and Childcare Homes
are specified in other subsections of this Article and are, therefore, not subject the
provisions of this subsection.
1. Home Occupation Types
a. Type A. A Type A home occupation is one where a resident or residents of a
dwelling use the dwelling as a place of work, but no employees or customers
come to the site. Examples include artists, craftspersons, writers, and
consultants. Type A home occupations also provide an opportunity for a home
to be used as a business address but not as a place of work. No permit is
required for these uses, but they must comply with all of the other regulations
stated herein.
b. Type B. A Type B home occupation is one where a non-reSident employee works
at the site or where customers frequent the site on a regular basis. Examples
include counseling, tutoring, and hair cutting and styling. A home occupation
permit is required for these uses.
2. Permit Required for Type B Home Occupations
a. Prior to establishment of a Type B home occupation, a home occupation permit
must be obtained from the Department of Housing and Inspections Services
according to the procedures set forth in Article 14-8B, Administrative Approval
Procedures. A home occupation permit is required in order to ensure that the
applicant is aware of the provisions governing home occupations and that the
City has all information necessary to evaluate whether the proposal initially
meets and continues to meet the provisions of this subsection.
3. Location and Occupancy
a. The home occupation use must be located within a dwelling unit or within a
building that is accessory to a dwelling unit.
b. The dwelling unit must be the bona fide primary residence of the owner and
operator of the home occupation during non-business hours.
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4. Prohibited Uses.
In addition to the uses that would be excluded based on the conditions specified in
this subsection, the following uses are specifically prohibited as home occupations.
a. Adult Business Uses
b. Veterinary Clinics and Kennels
c. Commercial Recreational Uses
d. Commercial Parking
e. Eating and Drinking Establishments
f. Medical/Dental Offices, except for psychiatrists, psychologists, chiropractors,
and physical therapists.
g. Any type of repair or assembly of vehicles or equipment with internal
combustion engines (such as automobiles, motorcyles, scooters, snowmobiles,
outboard marine engines, lawn mowers, chain saws and other small engines) or
of large appliances (such as washing machines, dryers, and refrigerators) or any
other work related to automobiles and their parts.
h. Self-Service Storage
i. Industrial Service
j. Any use which changes the fire safety rating of the occupancy separation
classification requirements of the structure.
5. Commercial Activity
a. No commodities may be sold on the premises except for those produced on the
premises or those associated with the home occupation conducted on the
premises.
b. Type B home occupations are limited to 10 clients or customers per day.
6. Traffic and Parking
a. The proposed use will not generate a greater volume or type of traffic than
what is normally expected in the zone in which it is located; nor will it
necessitate parking in excess of what is normally expected in the zone in which
it is located. Vehicles used for delivery and pick-up are limited to those normally
servicing residential neighborhoods.
b. No more than one truck associated with the home occupation may be parked at
the site. Only light trucks that are less than 7 feet in height are permitted.
Medium and heavy trucks are prohibited. A light truck is a truck with a single
rear axle and a single set of rear wheels. The home occupation use must comply
with regulations in Article 14-5A, Parking and Loading Standards, regarding the
parking and storage of Special Vehicles and Commercial Vehicles and the
provisions of Title 9, Chapter 4 of the City Code, Parking Regulations.
7. Off-site Impacts.
Except for a permitted sign, there must be no indication from the exterior of the
dwelling unit or accessory building, such as noise, odor, smoke, dust, excessive
outdoor lighting, or outdoor storage of materials, that there is a home occupation use
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on the premises. No visitors or deliveries to the home occupation use are permitted
before 7:00 A.M. or after 10:00 P.M.
8. Size
For a home occupation located within a principal dwelling unit, the floor area devoted
to the home occupation may not exceed 25 percent of the total floor area of the
principal dwelling (The floor area of an attached garage is not included in the
calculation of total floor area of the dwelling). This 25 percent limit applies regardless
of whether the home occupation is located within the principal dwelling unit or within
an accessory building. For example, for a property where the principal dwelling
contains 2,000 square feet of floor area, a home occupation would be limited to 500
square feet regardless of whether it was located within the dwelling or within an
accessory building.
9. Nonresident employees
Nonresident employees are prohibited, except as approved by the Building Official as
a Minor Modification to the home occupation use, according to the approval criteria
and procedures for Minor Modifications as set forth in Article 14-4B.
10. Signage
Home occupations are permitted one non-illuminated fascia sign, not to exceed one
square foot in size.
N. Mechanical Structures.
1. Screening
a. All ground level mechanical and utility equipment, such as heat pumps, air
conditioners, emergency generators, and water pumps, must be screened from
public view to at least the S2 standard (See Article 14-5F, Screening and
Buffering Standards). If it is not feasible to use landscape screening, the
mechanical equipment must be screened using wall or fencing materials
complementary to the principal structure. Single Family Uses are exempt from
this standard.
b. In all zones, except 1-1 and 1-2, rooftop mechanical equipment must be
concealed from public view by integrating equipment into the design of the
building, screening equipment behind building features, such as parapets, or by
setting the equipment back from the edge of the roof so that it is not visible
from ground level.
2. Setbacks
a. In Single Family Residential Zones. Mechanical structures must be set back at
least 2 feet from the side and rear lot lines. However, mechanical structures
may not be located between the principal dwelling and the street.
b. In all other Zones. Mechanical structures must be set back at least 2 feet from
any lot line. Additional location standards may apply in certain zones or for
certain uses.
O. Off-Street Loading
Off-street loading is permitted in the Multi-Family, Commercial, Industrial, and Research
Zones according to the provisions of Article 14-5A, Parking and Loading Standards.
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P. Off-Street Parking
Off-street parking must comply with the provisions of the base zone in which it is located
and the provisions of Article 14-5A, Parking and Loading Standards.
Q. Outdoor Dumpster Areas
1. Outdoor recycling, trash, solid waste and dumpster areas must be in compliance with
the applicable provisions of Article 16-3H, Solid Waste.
2. Any such area must be screened from view of adjacent properties and from the
public right-of-way to the S3 or S5 standard (See Article 14-5F, Screening and
Buffering Standards).
R. Outdoor Lighting
Outdoor lighting must comply with the provisions of the base zone in which it is located
and the provisions of Article 14-5G, Outdoor Lighting Standards.
S. Outdoor Storage and Display
Any use with permanent outdoor storage or outdoor display areas must comply with the
standards for the base zone in which the use is located, the relevant Performance
Standards as specified in Article 14-5H, and any additional standards required for the use
in Article 14-4B. Uses with temporary outdoor storage and display areas must comply with
the regulations in Article 14-4D, Temporary Uses.
T. Swimming Pools, Hot Tubs, and Tennis Courts
Swimming pools, hot tubs, and tennis courts intended for private use by persons that
reside on the property or their guests are permitted, provided the following conditions are
met:
1. Setbacks
a. In Residential Zones.
(1) The use must be set back a minimum of 10 feet from any side or rear lot
line.
(2) The use may not be located in the front yard (See definition of FRONT
YARD in Article 14-9A) unless the use is set back at least 40 feet from the
front property line.
b. In Non-Residential Zones, the use must be set back a minimum of 10 feet from
any side, rear, or front property line, unless the property on which the use is
located is directly abutting or across the street from a property zoned
Residential. In the case of such an adjacency, the use must comply with the
setback requirements for Residential Zones as stated in subparagraph a., above.
2. Lighting Standards
Lighting for such facilities must comply with the standards specified in Article 14-5G,
Outdoor Lighting Standards.
3. Fence Requirement
Swimming pools, with a depth of 18 inches or more and the edge of which is less
than 4 feet above grade, must be completely enclosed by a fence according to the
following specifications:
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a. The fence must be at least 4 feet in height and must be constructed so that a
sphere, 5 inches in diameter, cannot pass through the fence.
b. A principal or accessory building may be used as part of the enclosure.
c. All gates and doors opening through the enclosure must be equipped with a
self-closing and self-latching device for keeping the gate or door securely closed
at all times when not in use, except the door of any building which forms a part
of the enclosure need not be so equipped.
d. The Building Official may permit other protective devices or structures to be
used so long as the degree of protection afforded by the substitute device or
structure is not less than the protection afforded by an enclosure built to the
specifications of this paragraph.
U. Roadside Stands for the Sale of Produce
Roadside stands for the sale of produce grown on the premises are permitted in the ID
Zones and the RR-1 Zone, provided the following conditions are met:
1. The stand contains no more than 600 square feet of floor area;
2. The stand is set back at least 10 feet from any lot line and at least 20 feet from any
street right-of-way; and
3. Access to the stand is from an entrance to the farm or residence. Additional street
access will not be granted for such a use.
V. Signs
Signs are allowed according to the regulations in Article 14-5B, Sign Regulations.
W. Storage Buildings and Warehouse Facilities
1. In Residential Zones, storage buildings are allowed as specified below:
a. Storage buildings are permitted for the storage of personal vehicles, wood,
lumber, gardening equipment and other materials and equipment used
exclusively by residents of the premises or by persons affiliated with a permitted
use.
b. On properties where the principal use is Household Living, storage buildings for
commercial purposes are prohibited.
2. In Commercial, Industrial, and Research Zones, accessory storage and warehouse
facilities are permitted, provided the floor area devoted to such a use does not
exceed 40 percent of the total floor area of the buildings on the property. If storage
and warehousing exceeds this floor area limit it is considered a principal use and is
subject to the base zone regulations and any relevant approval criteria in Chapter 4,
Article B of this Title.
3. Accessory storage buildings and warehouse facilities must meet the development
standards for accessory buildings as specified in Section 14-4C-3.
X. Structures for the Shelter of Household Pets, Horses and Ponies
1. Structures for the shelter of household pets are permitted, provided the conditions in
the following subparagraphs are met. Kennels, as defined in this Title, are regulated
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as a principal use, Intensive Animal Related Commercial, and are subject to the base
zone regulations and the relevant approval criteria in Article 14-46.
a. Dog runs, built solely for the purpose of exercising and feeding of dogs, must be
set back at least 20 feet from any front or street-side lot line, at least 10 feet
from any side lot line, at least 10 feet from the rear lot line.
b. Dog runs must be completely enclosed by a fence of sufficient height and
construction to contain the dog at all times.
c. A principal or accessory building may be used as part of the enclosure.
d. All gates and doors opening through the enclosure must be equipped with a
self-closing and self-latching device for keeping the gate or door securely closed
at all times when not in use, except the door of any building which forms a part
of the enclosure need not be so equipped.
e. The Building Official may permit other protective devices or structures to be
used so long as the degree of protection afforded by the substitute device or
structure is not less than the protection afforded by an enclosure built to the
specifications of this paragraph.
2. Structures for the shelter of horses and ponies are permitted in the ID Zones and the
RR-1 Zone, but not in other zones. A minimum lot area of 2 acres is required for the
first horse or pony plus one acre for each additional horse or pony. Commercial
stables are regulated as a principal use, Intensive Animal-Related Commercial, and
are subject to the base zone regulations and the relevant approval criteria in Article
14-4B.
14-4C-3 Development Standards
The following development standards help to ensure that accessory structures and buildings
remain secondary to the principal uses and buildings on a site. The standards provide for
necessary access around structures, help maintain privacy to abutting lots, and maintain open
front setback areas. In addition to any requirements in the base zone and any specific approval
criteria in Section 2 of this Article, accessory structures are subject to the following
requirements:
A. Time of Construction
Accessory structures may not be constructed prior to the start of construction of the
principal building on a site, except that temporary construction trailers may be placed on a
site at the time site clearance and grading begins and may remain on the site only for the
duration of construction.
B. Setbacks
1. Accessory Structures, Other Than Buildings
Allowed accessory structures, other than buildings, may be located anywhere on a lot
provided the structure complies with any specific setback standards listed in Section 2
of this Article and provided that on corner lots, such a structure is located in
compliance with the provisions of Article 14-5D, Intersection Visibility Standards.
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2. Detached Accessory Buildings
a. Corner lot setback requirements
On corner lots, detached accessory buildings must be located in compliance with
the provisions of Article 14-50, Intersection Visibility Standards.
b. Front setback requirements
(1) Except for roadside stands, detached accessory buildings must comply with
the principal building, front setback requirements of the base zone in which
the building is located. Roadside stands, when allowed, are exempt from
this requirement. In addition, garages and carports must comply with sub-
subparagraphs (2) and (3), below.
(2) Garages and carports must be located pursuant to the site development
standards of the applicable base zone.
(3) For Single Family and Two Family Uses, a garage or carport must be set
back at least 25 feet from any street-side lot line that the garage or carport
entrance faces.
c. Side and rear setback requirements
(1) In Residential Zones
(a) Along street-side lot lines, accessory buildings must comply with the
front, principal building setback requirement. Along side or rear lot
lines that are not street-side lot lines, accessory buildings must be set
back at least 5 feet from the side or rear lot line. This 5-foot setback
requirement may be reduced if an accessory building is set back at
least 60 feet from the edge of the street pavement. In such cases,
the building may be located within 3 feet of a side or rear property
line, except garages and carports entered directly from an alley.
Garages and carports entered directly from an alley must be set back
at least 5 feet from the alley right-of-way line, regardless of how far
back the structure is from the street.
(b) A detached accessory building for a zero lot line dwelling must comply
with the same side setback requirements as the principal dwelling.
(2) In Non-Residential Zones
Along street-side lot lines, accessory buildings must comply with the front,
principal building setback requirement. Along side or rear lot lines that are
not street-side lot lines, detached accessory buildings do not have a
required side or rear setback, unless the detached building is a parking
garage that is accessed from an alley. In such a case, the garage must be
set back at least 5 feet from the alley right-of-way line.
3. Attached Accessory Buildings.
a. An attached accessory building must comply with the setback requirements
applicable to the principal building to which it is attached. In addition, attached
garages and carports must comply with subparagraphs b. and c., below.
b. Attached garages and carports must be located pursuant to the site
development standards of the base zone.
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c. For Single Family and Two Family Uses, a garage or carport must be set back at
least 25 feet from any street-side lot line that the garage or carport entrance
faces.
4. Adjustments to Setback Requirements
a. A Minor Modification to reduce setback requirements for an accessory use,
building, or structure may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce setback requirements for an
accessory use, building, or structure beyond what is allowed by Minor
Modification. The Board of Adjustment may adjust setback requirements if the
owner or lawful occupant of a property demonstrates that the general special
exception approval criteria and the following specific approval criteria have been
satisfied:
(1) The situation is peculiar to the property in question;
(2) There is practical difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The accessory use, building or structure will be located no closer than 3
feet to a side or rear property line, unless the side or rear property line
abuts a public right of way or permanent open space.
C. Building Separation and Lot Coverage
a. In Residential Zones, the combined footprint of all detached accessory buildings
may not exceed 15 percent of the total lot area. The area of any outdoor special
vehicle storage area must also be included as a part of this 15 percent lot
coverage limitation.
b. No portion of a detached accessory building may be located closer than 3 feet to
the principal building.
c. There must be at least 3 feet between all unattached accessory buildings.
D. Height
a. In Residential Zones, one story accessory buildings and structures, except for
those specifically exempted, may not exceed a height of 15 feet. One and one-
half story and two-story accessory buildings may not exceed a height of 20 feet.
b. In Nonresidential Zones, accessory buildings and structures, except for those
specifically exempted, may not exceed the maximum height standard of the
base zone in which the structure is located.
c. Structures and building features that are exempt from the maximum height
standards of the base zone are also exempt from the applicable height
standards listed in subparagraphs a and b, above.
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d. Adjustment of Height Standards. A Minor Modification may be requested
adjusting the maximum height for an accessory building according to the
procedures and approval criteria for Minor Modifications contained in Article 14-
46.
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Temporary Uses
Article D. Temporary Uses
14-40-1 Purpose
The purpose of the Temporary Use regulations is to allow short-term and minor deviations from
the requirements of this Title for uses which are truly temporary in nature, will not adversely
impact the surrounding area and land uses, and which can be terminated and removed
immediately. Temporary activities are characterized by their short term or seasonal nature and
by the fact that permanent improvements are not made to the site. Temporary uses have no
inherent rights within the zone in which they locate.
14-40-2 Temporary Uses Allowed
The following temporary principal and accessory uses are allowed, subject to approval by the
Building Official through the temporary use permit process described in this Article and any
conditions specified herein:
A. Outdoor display and sales of merchandise within commercial districts, including
merchandise customarily sold on the premises by a permanently established business;
B. On- and off-site contractors' construction yards in conjunction with an approved
development project;
C. Construction activities pursuant to a valid building permit that temporarily violate the
Performance Standards contained in Article 14-5H of this Title;
D. Temporary auto sales lots;
E. Christmas tree sales lots; however, a permit is not required when such sales are in
conjunction with an established commercial business, provided such activity occurs only
from November 1 through December 31;
F. Circuses, rodeos and carnivals;
G. Fairs, festivals and concerts, when not held within premises designed to accommodate
these types of events, such as auditoriums, stadiums, or other public assembly facilities;
H. Temporary parking areas in conjunction with a permitted use;
I. Halloween haunted houses for 15 to 45 days, one event per year;
J. Real Estate Sales Centers and model homes, provided the center or use of a home as a
model is discontinued when the number of dwelling units remaining to be sold is less than
10 percent of the total number of dwelling units approved for the development or 5 units,
whichever is less. Employees at the approved real estate center are limited to the
minimum number necessary to show and sell the dwelling units within the same
development. The hours of operation are limited to the hours between 8:00 A.M. and
9:00 P.M.
K. Other temporary uses which, in the determination of the Building Official, are compatible
with the zone and surrounding land uses.
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14-40-3 Permit Required
A temporary use permit is required for all temporary uses listed in subsection B, above, unless
specifically exempted. Procedures for obtaining a permit are contained in Article 14-8B of this
Title, Administrative Approval Procedures.
14-40-4 Approval Criteria
A temporary use permit will be approved, approved with conditions, or denied by the Building
Official within 10 business days after submittal of a complete application. A temporary use must
meet the following approval criteria:
A. The proposed use is temporary or seasonal in nature and will not continue for more than
the time period specified in the application. Except for temporary uses specifically
approved for longer periods, such as model homes or real estate sales offices, temporary
uses must not continue for more than 180 days for outdoor temporary uses or 1 year for
temporary uses within a building;
B. The proposed temporary use will not necessitate permanent improvements to the site;
C. The site is physically suitable for the type and intensity of the proposed use;
O. The proposed temporary use is compatible with the land uses presently on the site and
with existing land uses in the general area;
E. There is adequate provision for public and private utilities and services to ensure that the
proposed temporary use will not be detrimental to public health and safety;
F. There is adequate provision for public and emergency access to serve the proposed
temporary use; and
G. Any impacts of the proposed temporary use are mitigated.
14-40-5 Conditions of Approval
In approving an application for a temporary use permit, the Building Official may impose
conditions deemed reasonable and necessary to ensure that the permit will be in accordance
with the approval criteria required by this Article and to satisfy public needs directly caused by
the proposed temporary use. These conditions may involve any pertinent factors affecting the
operation of such temporary event or use, and may include, but are not limited to:
A. Provision for a fixed period of time, not to exceed 180 calendar days for a temporary use
not occupying a structure, including promotional activities, or one year for all other uses or
structures, or for a shorter period of time as determined by the Building Official;
B. Provision for temporary parking facilities, including vehicular ingress and egress and
appropriate circulation. Parking required for temporary and principal commercial uses may
be reduced up to 10 percent if sufficient evidence is presented that parking will be
adequate to meet the demand for the proposed temporary use and any permanent uses
on the site;
C. Regulation of nuisance factors such as, but not limited to, prevention of glare, light
trespass, noise, vibration, smoke, dust, dirt, odors, gases, or heat that create a nuisance
or safety hazard for neighboring properties;
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D. Regulation of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces, including buffer areas and other yards;
E. Provision for sanitary and medical facilities;
F. Provision for solid, hazardous and toxic waste collection and disposal;
G. Provision for security and safety measures;
H. Provision for regulation of signs;
I. Regulation of operating hours and days, including limitation of the duration of the
temporary use;
J. Submission of a performance bond or other surety device to ensure that any temporary
facilities or structures used will be removed from the site within a reasonable time
following the event and that the property will be restored to its former condition;
K. A requirement that the approval of the requested temporary use permit is contingent upon
compliance with applicable provisions of the Federal, State and City Code; and
L. Any other conditions which will ensure the operation of the proposed temporary use in an
orderly and efficient manner and in accordance with the intent and purpose of this Article.
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Nonconforming Situations
Article E. Nonconforming Situations
14-4E-l Purpose
The purpose of this Article is to regulate nonconforming situations. Nonconforming situations
are created when the zoning designation is changed or the zoning regulations are changed such
that an existing lawfully established use, structure, lot, or development no longer complies with
the zoning regulations. The intent of these regulations is not to force all nonconforming
situations to be immediately brought into conformance. Rather, the intent is to guide future
uses and development in a direction consistent with City policy, to protect the character of an
area by reducing the potential negative impacts from nonconforming situations, and, over time,
to bring development into compliance with the City's regulations. .
14-4E-2 Types of Nonconformin Situations
A. Nonconforming Use
A nonconforming use is a use that when established was a permitted use, was allowed as
a provisional use, or was approved as a special exception, but which subsequently, due to
a change in the zone or to the requirements of the Zoning Code, is no longer allowed.
This definition includes residential uses that exceed the allowable residential density of a
zone (minimum lot area per unit requirements) and uses that exceed the maximum floor
area ratio or maximum floor area standards specified for a particular use or zone.
B. Nonconforming Structure
A nonconforming structure is a structure or portion of a structure that was established in
conformance with the setback, building height, building width, lot coverage standards, or
other requirements or standards of the Zoning Code that relate to the design of the
building or structure, but which subsequently, due to a change in the zone or to the
requirements of the Zoning Code, is no longer in conformance with one or more of these
standards.
c. Nonconforming Development
Nonconforming development is an element of a development, such as a parking area, a
loading area, outdoor lighting, landscaping, screening, or signage that was established in
conformance with the Zoning Code, but which subsequently, due to a change in the zone
or to the requirements of the Zoning Code, is no longer in conformance with the current
applicable standards.
D. Nonconforming Lot
A nonconforming lot is a lot of record that was established in conformance with the
minimum lot area, width, and frontage requirement of the Zoning Code, but which
subsequently, due to a change in the zone or the requirements of the Zoning Code, is no
longer in conformance with one or more of these requirements.
E. Nonconforming Residential Occupancy
Nonconforming occupancy is the occupancy of a residential use that was established in
conformance with the occupancy standards of the City Code, but which subsequently, due
to a change in the zone, a change in the definition of "household," or any other change in
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the occupancy standards of the City Code, is no longer in conformance with the current,
applicable residential occupancy standards.
14-4E-3 General Provisions and Restrictions
A. Continuation of Nonconforming Situations
Legal Nonconforming Situations are allowed to continue in accordance with the provisions
of this Article.
B. Continuance of Unlawful Uses
Nothing in this Article shall be interpreted as authorization for the continuance of the use
of a structure or land established unlawfully in violation of the regulations in effect at the
time that the use or structure was established.
C. Determination of Nonconforming Status
The burden of establishing that a nonconforming situation is a legal nonconforming
situation rests solely upon the owner of such nonconformity.
D. Repairs and Maintenance
Incidental repairs and routine maintenance of a nonconforming use or nonconforming
structure is permitted unless such repairs increase the extent of nonconformity or are
otherwise expressly prohibited by provisions of this Title. Nothing in this Article shall be
construed to prevent structures from being structurally strengthened or restored to a safe
condition in accordance with an official order of a public official.
14-4E-4 Nonconformin Sin Ie-Family Uses
A. Except with regard to the occupancy, any single-fam,ily use, structure for a single-family
use, including any accessory structures, and any lot on which a single-family use is
located, that was established lawfully prior to the establishment of the currently applicable
development regulations and, due to a change in the regulations, is no longer in
conformance with the provisions of this Title, will generally be treated as conforming for as
long as the dwelling is used for a single-family use. Accordingly, the following rights are
granted under this Article:
1. A nonconforming single family use may be re~established and its structure
reconstructed if the structure for the nonconforming single family use is destroyed or
damaged by fire, explosion, act of God or by a public enemy.
2. A nonconforming single family use may also be expanded, repaired and structurally
altered, provided such expansion or alteration does not increase or extend any other
nonconforming situation on the property. However, if a nonconforming Single Family
Use is changed in order to increase the occupancy beyond that of a family or group
household, the property must be brought into full compliance with the number of
required off-street parking spaces.
3. A nonconforming structure that contains a single family use may be restored to the
same degree of nonconformity or less if destroyed or damaged by fire, explosion, act
of God or by a public enemy. Such a structure may also be repaired or structurally
altered, provided such construction does not increase or extend the degree of
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Nonconforming Situations
nonconformity and does not increase or extend any other nonconforming situation on
the property.
4. A nonconforming accessory structure to a single family use may be restored to the
same degree of nonconformity or less if destroyed or damaged by fire, explosion, act
of God or by a public enemy. Such a structure may also be repaired and structurally
altered, provided such construction does not increase or extend the degree of
nonconformity and does not increase or extend any other nonconforming situation on
the property.
5. A nonconforming lot that contains a single family use is granted the same rights as
listed in paragraphs 1. through 3., above, and will be treated as if the lot were
conforming.
14-4E-S Re ulation of Nonconformin Uses
Except as otherwise provided in this Article, nonconforming uses shall be regulated as follows.
A. Enlargement or Alteration
1. A nonconforming use shall not be enlarged.
2. A structure that contains or is accessory to a nonconforming use shall not be
constructed or altered in such a way as to enlarge the nonconforming use.
3. Ordinary repair, maintenance, and remodeling are allowed as long as the
nonconforming use is not enlarged. For purposes of this provision, changes made to
provide safe access to a building for persons with disabilities is not considered an
enlargement.
B. Change of Use
1. A nonconforming use may be converted only to another use in the same use category
and subgroup or to a conforming use, except as provided in paragraph 2, below.
2. The Board of Adjustment may grant a special exception to allow a nonconforming
use, which is located in a structure not designed for a use allowed in the zone, to be
converted to a nonconforming use in a different use category or subgroup that is the
same or lesser in intensity than the existing use, provided the following conditions
are met:
a. The proposed use will be located in a structure that was designed for a use that
is currently not allowed in the zone, for example a storefront commercial
building located in a single family residential zone.
b. The proposed use is of the same or lesser level of intensity and impact than the
existing use. The Board of Adjustment will make a determination regarding the
relative intensity of the proposed use by weighing evidence presented by the
applicant with regard to such factors as anticipated traffic generation, parking
demand, hours of operation, residential occupancy, noise, dust, and customer
and/or resident activity. The Board of Adjustment may also consider qualitative
factors such as whether a proposed use will serve an identified need in the
surrounding neighborhood.
c. The proposed use is suitable for the subject structure and site.
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d. The structure will not be structurally altered or enlarged in such a way as to
enlarge the nonconforming use. Ordinary repair and maintenance and
installation or relocation of walls, partitions, fixtures, wiring, and plumbing is
allowed, as long as the use is not enlarged.
3. Once a nonconforming use is converted to a conforming use, it may not be converted
back to a nonconforming use.
4. Once a nonconforming use is converted to a less intensive nonconforming use in
accordance with paragraph 2, above, it may not be converted back to the prior
nonconforming use.
5. A use is deemed "converted" when an existing nonconforming use is terminated and
a new use commences and continues for a period of seven consecutive days.
C. Occupancy of a Nonconforming Use
1. The occupancy of a nonconforming Household Living Use is limited to one Household
or one Group Household, as these terms are defined in the zone in which the use is
located. If located within a zone for which a definition of Household has not been
established, the occupancy is limited to one Household or one Group Household, as
these terms are defined for the RS Zones. However, if nonconforming rights have
been established with regard to occupancy according to the provisions of Section 9 of
this Article, the maximum occupancy shall be the number of persons as determined
according to the provisions of Section 14-4E-9.
2. The occupancy of a nonconforming Group Living Use is limited to the maximum
density and maximum occupancy as allowed in the RM-20 Zone or as documented as
legally nonconforming occupancy according to the provisions of 14-4E-9.
D. Accessory U~s
1. A nonconforming use is permitted to have the same amount and type of signage as
would be allowed for such a use in the most restrictive zone in which the use is
allowed.
2. No use, including parking and signage, that is accessory to a principal nonconforming
use shall continue after the principal use has ceased or been terminated unless the
accessory use thereafter conforms to all provisions of this Title.
E. Damage or Destruction
1. Any structure for a nonconforming use which has been destroyed or damaged by fire,
explosion, act of God or by a public enemy to the extent of less than 75 percent of
the replacement value of the structure at the time of damage or destruction, may be
restored for the same nonconforming use as existed before such damage. However,
the nonconforming use must not be enlarged to more than what existed before such
damage occurred. Any such restoration must be completed within 2 years of the date
the structure was destroyed or damaged; otherwise the property must revert to a
conforming use.
2. A lot or portion of a lot on which is located a structure for a nonconforming use that
has been destroyed or damaged by fire, explosion, act of God or by a public enemy
to the extent of 75 percent or more of the replacement value of the structure at the
time of damage or destruction, must revert to a conforming use.
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3. For purposes of this subsection, the extent of the damage will be determined by the
Building Official based on credible evidence provided by the property owner.
F. Discontinuance of Nonconforming Use
Except as allowed in subsection E, above, a nonconforming use that is discontinued for a
period of one year must revert to a conforming use or, in qualifying situations, may apply
for a special exception according to the provisions of subsection B, above.
14-4E-6 Re ulation of Nonconformin Structures
A. Enlargement or Alteration
1. A nonconforming structure may be structurally altered or enlarged, provided it is
structurally altered or enlarged in a way that will not increase or- extend its
nonconformity.
2. Any nonconforming structure that is relocated on the same lot must thereafter
conform to the applicable setback, building height, building width, and lot coverage
standards.
B. Change of Use
1. Any nonconforming structure containing a conforming use may be converted to
another conforming use, provided the conversion does not result in an increase in the
degree of nonconformity of the structure.
2. Any nonconforming structure containing a nonconforming use may only be converted
to another use in accordance with the provisions of Section 5 of this Article,
Regulation of Nonconforming Uses, and provided the conversion does not result in an
increase in the degree of nonconformity of the structure.
C. Damage or Destruction
1. Any nonconforming structure that has been destroyed or damaged by fire, explosion,
act of God or by a public enemy to the extent of less than 75 percent of the
replacement value of the structure at the time of damage or destruction, may be
restored to the same degree of nonconformity or less. Any such restoration must be
completed within 2 years of the date the structure was destroyed or damaged;
otherwise the structure may not be restored, except in compliance with the
provisions of this Title.
2. Except for designated Historic Landmarks or key or contributing structures in a
Historic Preservation Overlay Zone, a nonconforming structure that has been
destroyed or damaged by fire, explosion, act of God or by a public enemy to the
extent of 75 percent or more of the replacement value of the structure at the time of
damage or destruction, may not be restored except in compliance with the provisions
of this Title.
3. A nonconforming structure that is a designated Historic Landmark or a key or
contributing structure in a Historic Preservation or Conservation District Overlay Zone
may be reconstructed upon its original foundation or the site of the original
foundation regardless of the extent of the damages, provided it is reconstructed as
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nearly as possible to the original exterior design. A certificate of appropriateness from
the Historic Preservation Commission is required prior to commencing reconstruction.
4. For purposes of this subsection, the extent of the damage will be determined by the
Building Official based on credible evidence provided by the property owner.
14-4E-7 Re ulation of Nonconformin Lots
A. Any conforming use or structure for a conforming use may be established or installed on a
lot of record that is nonconforming with regard to lot frontage or lot width, provided the
minimum lot area required for the use is met and provided the use or structure meets all
other requirements of this Title.
B. Any use or structure for a use, either one of which requires more lot area than presently
exists, is prohibited; except, as provided in paragraph C, below.
c. In any zone in which Single Family Uses are permitted, a Single Family Use and accessory
structures may be established on any lot of record, notwithstanding failure to meet the
minimum lot area requirement of the zone in which the lot is located.
D. All existing conforming and nonconforming uses and structures located on a
nonconforming lot will be treated as if such uses and structures were established on a
conforming lot. However, no use or structure for a use, either one of which requires more
lot area than presently exists and the structure of which has been destroyed or damaged
by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of
the assessed value of the structure, shall be restored, except in compliance with the
provisions of this Title. .
E. If two or more abutting lots (or portions thereof), one or more of which are
nonconforming, become in single ownership, the land involved shall be deemed a single
parcel for the purposes of this Article, and no portion of said parcel shall be sold or used in
a manner which diminishes compliance with lot frontage, width and area requirements,
except as allowed in subsection F, below, by special exception.
F. In cases where two or more abutting lots of record have become in single ownership and
are deemed a single parcel as set forth in subsection E of this Section, the Board of
Adjustment may grant a special exception to re-establish a lot of record previously
combined with an adjacent lot in order to allow a single-family dwelling and accessory
buildings to be installed on said lot, notwithstanding a failure to meet the requirements of
the zone for lot area or lot width, provided the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development
with surrounding residential development;
2. The dwelling must be located on a lot of record that is at least 40 feet in width; and
3. The request meets all other standards and requirements of this Title, including
setback and frontage requirements.
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14-4E-8 Re ulation of Nonconformin Development
A. General Provisions
1. Except as otherwise prohibited or allowed in this Article, a use or structure located on
a lot that contains nonconforming development may be enlarged or structurally
altered, provided such enlargement or alteration does not increase or extend the
nonconformity.
2. Upon conversion to a new use, any lot that contains nonconforming development
must be brought into compliance with the base zone and site development standards,
except as otherwise allowed in this Title.
B. Nonconforming Parking and Loading
1. If a non-residential use, which is nonconforming with regard to the required number
of parking, stacking, or loading spaces, is modified, expanded or enlarged such that
there is an increase in the number of required spaces over the existing situation, only
the number of spaces relating to the enlargement need to be provided.
2. If a residential use, which is nonconforming with regard to the required number of
parking, stacking, or loading spaces, is changed in any way such that there is an
increase in the number of required spaces over the existing situation, the property
must be brought into full compliance with the number of spaces required.
3. Any portion of a nonconforming parking area or loading area that is reconstructed or
expanded, must be brought into compliance with all applicable construction, design,
location, and screening and landscaping requirements.
4. Whenever a use, which is nonconforming with regard to the provisions of Chapter 5,
Article A, Parking and Loading Standards, is enlarged by less than 50 percent in floor
area, the property must be brought into compliance with the development standards
listed below.
a. Applicable perimeter parking lot landscaping and screening requirements;
b. Any new parking area must meet all applicable construction, design, location,
and landscaping requirements.
5. Whenever a use is enlarged by one or more additions, the sum total of which
increases the floor area by 50 percent or more, the property must be brought into full
compliance with the provisions of Article 14-5A, Parking and Loading Standards,
except as allowed in paragraph 1, above, and any applicable parking location and
perimeter landscaping and screening requirements of the base zone.
6. A use that is nonconforming with regard to the required number of parking, stacking,
or loading spaces may be converted to a use in another use category or subgroup
without full compliance with the number of parking, stacking, or loading spaces,
according to the following rules:
a. If the number of required spaces for the converted use is more than what was
required for the established use, only the number of spaces beyond what was
required for the established use need to be provided. These spaces are in
addition to any spaces already in existence on the site.
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b. In addition to any additional spaces required in subparagraph a., as many
spaces as the lot will accommodate must be provided, up to the number needed
to fully comply with the standard.
C. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over time as set
forth below:
1. All lawfully established signs that become nonconforming due to a change in zoning
or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner
as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or altered in
any way it must be brought into compliance with the provisions of Article 14-5B, Sign
Regulations. However, nonconforming signs that are deemed historic, signs for a
historic structure and signs on structures in a Historic Preservation Overlay Zone may
qualify for a special exception as described in paragraph 4, below.
4. The Board of Adjustment may grant a special exception to allow changes to a
nonconforming sign, provided the following conditions are met:
a. The sign must be located on a property designated as an Historic Landmark, a
property registered on the National Register of Historic Places, or on a property
listed as a key or contributing property in an Historic Preservation or Historic
Conservation Overlay Zone.
b. The sign must fall into one of the following categories:
(1) The sign is in keeping with the architectural character of an historic
structure and is appropriate to a particular period in the structure's history;
or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the
community or neighborhood in which the sign is located.
c. At the time of application for the special exception, changes to the subject sign
must be approved by the Historic Preservation Commission through a certificate
of appropriateness. If the Board of Adjustment grants a special exception for the
sign, any subsequent changes to the sign do not have to be approved by the
Board of Adjustment, but do require a certificate of appropriateness from the
Historic Preservation Commission.
d. If the sign is not maintained according to the provisions of Article 14-5B, Sign
Regulations, and becomes hazardous, the City may request that the Board of
Adjustment revoke the special exception.
D. Nonconforming Landscaping/Screening
Whenever a use is enlarged by one or more additions, the sum total of which increases
the floor area by 10 percent or more, the property must be brought into full compliance
with any applicable screening and landscaping requirements of the base zone and of
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Article 14-4B, Minor Modifications, Variances, Special Exceptions and Provisional. In
addition, such a property must be brought into full compliance with Street Tree and
Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards.
Rules governing the provision of trees and landscaping for nonconforming parking and
loading areas are stated in subsection B, above, Nonconforming Parking and Loading. The
City may waive any landscaping or screening requirement that cannot be met due to a
conflict with any other requirement of this Title. Conflicts with non-required elements of a
development do not qualify for this waiver.
E. Nonconforming Outdoor Lighting
1. Any existing light fixture that is nonconforming with regard to how the fixture is
aimed must be brought immediately into compliance if it is possible to re-aim the
existing fixture.
2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply
with any applicable requirement that it be fully shielded.
3. Whenever a use, which is nonconforming with regard to the provisions of Article 14-
5G, Outdoor Lighting Standards, is enlarged by less than 50 percent in floor area, any
new outdoor lighting installed due to the enlargement must fully comply with the
Outdoor Lighting Standards. Existing nonconforming lighting may remain, except as
specified in paragraphs 1. and 2., above.
4. Whenever a use is enlarged by one or more additions, the sum total of which
increases the floor area by 50 percent or more, the property must be brought into full
compliance with the provisions of Article 14-5G, Outdoor Lighting Standards.
14-4E-9 Re ulation of Nonconformin Residential Occupancy
A. The maximum occupancy of a Residential Use is determined by the Building Official
according to the definitions and regulations contained in Title 14: Zoning, and the
regulations contained in Title 17: Building and Housing. Nonconforming rights are only
granted to those uses for which the residential occupancy has been officially determined
by the Building Official and has been recorded on the most recent rental permit, except as
allowed in subsection C, below. All other Residential Uses must comply with the current,
applicable residential occupancy standards of Title 14 and Title 17. If a rental permit for a
dwelling unit, upon which legal nonconforming occupancy is based, is discontinued,
abandoned, revoked, or cancelled, said dwelling unit must thereafter comply with the
current, applicable occupancy standards as set forth in the City Code.
B. A residential dwelling unit that is legally nonconforming with regard to the residential
occupancy standards as described in subsection A or subsection C of this section may
continue with the same occupancy as indicated on said rental permit or as determined
under the provisions of subsection C, below.
C. The maximum occupancy, as determined by the Building Official based on the applicable
regulations effective March 1, 2005, will be applied to any residential use for which a valid
building permit was issued on or prior to March 1, 2005 and/or for which a valid rental
permit was issued prior to December 28, 2005, the effective date of the current maximum
occupancy regulations. For such uses, legal nonconforming rights will be granted for this
maximum occupancy.
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Article 14-4B, Minor Modifications, Variances, Special Exceptions and Provisional. In
addition, such a property must be brought into full compliance with Street Tree and
Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards.
Rules governing the provision of trees and landscaping for nonconforming parki g and
loading areas are stated in subsection B, above, Nonconforming Parking and Lading. The
City may waive any landscaping or screening requirement that cannot be m due to a
c nflict with any other requirement of this Title. Conflicts with non-require elements of a
de lopment do not qualify for this waiver.
E. forming Outdoor Lighting
1. Any isting light fixture that is nonconforming with regard to w the fixture is
aimed ust be brought immediately into compliance if it is po sible to re-aim the
existing lure.
2. Upon repair, placement, or relocation of any luminaire, ch luminaire must comply
with any applic Ie requirement that it be fully shielded.
3. Whenever a use, ich is nonconforming with regard the provisions of Article 14-
5G, Outdoor Lighting tandards, is enlarged by less t n 50 percent in floor area, any
new outdoor lighting in lied due to the enlargeme t must fully comply with the
Outdoor Lighting Standar . Existing nonconformi g lighting may remain, except as
specified in paragraphs 1. a d 2., above.
4. Whenever a use is enlarged by ne or more ad Itions, the sum total of which
increases the floor area by 50 pe ent or mor ,the property must be brought into full
compliance with the provisions of Po icle 14- ,Outdoor Lighting Standards.
A. The maximum occupancy of a Residential U is termined by the Building Official
according to the definitions and regulation contain in Title 14: Zoning, and the
regulations contained in Title 17: Buildin and Housin Nonconforming rights are only
granted to those uses for which the resi ential occupan has been officially determined
by the Building Official and has been r orded on the mo recent rental permit, except as
allowed in subsection C, below. All her Residential Uses m st comply with the current,
applicable residential occupancy st dards of Title 14 and Title 7. If a rental permit for a
dwelling unit, upon which legal n nconforming occupancy is bas ,is discontinued,
abandoned, revoked, or cancel d, said dwelling unit must therea comply with the
current, applicable occupan standards as set forth in the City Code.
B. A residential dwelling unit at is legally nonconforming with regard to t
occupancy standards as escribed in subsection A or subsection C of this
continue with the sam occupancy as indicated on said rental permit or as
under the provisions subsection C, below.
C. The maximum occu ancy, as determined by the Building Official based on the ap Iicable
regulations effecti March 1, 2005, will be applied to any residential use for which valid
building permit s issued on or prior to March 1, 2005 and/or for which a valid rent
permit was issu d prior to (insert effective date of new ordinance), the effective date 0
the current m imum occupancy regulations. For such uses, legal nonconforming rights
will be grant for this maximum occupancy.
"
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Off-Street Parking and Loading Standards
CHAPTER 5. SITE DEVELOPMENT STANDARDS
Article A. Off-Street Parking and Loading Standards
14-SA-l Applicability
Unless specifically exempted or superseded by other provisions of this Title, the regulations of
this Article apply to all parking spaces, stacking spaces, aisles, and drives in all zones, whether
required by this code or put in for the convenience of property owners or users.
14-SA-2 Use and Restrictions
A. The use of required off-street parking is reserved for vehicle parking. Other uses of a
required parking area are not permitted, except as approved for a Temporary Use (See
Article 14-4D)
B. Unless otherwise exempted, motor vehicles must be parked on an improved surface, as
specified in this Article.
C. The storage of merchandise, materials, equipment, refuse containers, obsolete or junk
vehicles or the major repair of vehicles in required off-street parking and stacking spaces
is prohibited.
D. Except for the purpose of making local deliveries, vehicles designed for the shipment of
detonable or flammable solids, liquids or gases may not be parked or stored in any
Residential Zone.
E. Commercial vehicles more than 7.5 feet in height may not be stored in any Residential
Zone.
14-SA-3 Maximum Parkin Allowed
A. Purpose
Certain areas and zones of the City are subject to a limit on the amount of parking
provided due to a desire to foster compact, pedestrian-oriented areas close to the
downtown, the University, and in neighborhood commercial areas adjacent to residential
neighborhoods. The maximum parking standards are a tool to prevent the development of
excess parking capacity on a site. Limiting the amount of land devoted to parking will
make additional land available for building area, open space, pedestrian amenities, and
other productive uses and will reduce storm water runoff and protect water quality by
limiting the amount of impervious surface on a site. To further that goal, off-street parking
in the central business district is generally provided in municipally owned parking facilities,
rather than in private surface lots or structures. Providing conveniently located public
parking facilities reserves land in the downtown for more intensive commercial and civic
uses and prevents large surface parking lots from damaging the pedestrian-friendly
character of the central business district.
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B. CN-l Zone
In the CN-1 zone, the number of parking spaces provided may not exceed 110 percent of
the number of parking spaces required, except if granted a special exception to exceed
this limit by the Board of Adjustment.
C. CB-S Zone
In the CB-5 Zone, any off-street parking provided for non-residential uses is limited to a
maximum of one parking space per 500 square feet of floor area, except for Hospitality-
Oriented Retail Uses. Hospitality-Oriented Retail Uses are allowed a maximum of 1-1/4
parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of
any meeting or convention facilities.
D. CB-lO Zone
1. Off-street parking is not required for any Use.
2. Private, off-street parking is permitted only after approval of a special exception,
except for Hospitality-Oriented Retail Uses.
3. Hospitality-Oriented Uses are allowed up to 1-1/4 parking spaces for each guest room
and parking spaces equal to 1/3 the occupant load .of any meeting or convention
facilities without going through the special exception process. Any parking spaces
allowed under this maximum must meet the approval criteria specified in
subparagraphs b. through e., below. Any parking spaces requested beyond this
maximum must be approved by the Board of Adjustment as a special exception and
meet all of the approval criteria listed in paragraph 4, below.
4. In addition to the general special exception approval criteria specified in Article 14-
4B, applications for a special exception for private off-street parking in the CB-lO
Zone must meet the following specific approval criteria:
a. The applicant must demonstrate through a parking demand analysis that the
number of parking spaces requested does not exceed the demand for parking
for the specific building or project proposed and that the parking demand
cannot be satisfied through the public parking system. Short term parking
demand is preferred to be satisfied through the public parking system.
b. Surface parking is not permitted.
c. Underground parking is preferred over above-ground structured parking. The
design of any underground parking must not detract from or prevent active
building uses on the ground-level floor of the building. To that end, the ceiling
height of any underground parking level may not extend more than 1 foot
above the level of the adjacent sidewalk.
d. Above-ground structured parking may be approved only if the specific project or
building for which the parking is being requested has an FAR of at least 7,
excluding any structured parking in the FAR calculation.
e. Where parking is located within the exterior walls of a building, the following
standards apply:
(1) The proposed structured parking will not detract from or prevent ground
floor storefront uses. Structured parking may be permitted on the ground-
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level floor of a building, provided that a substantial portion of the ground
level floor of the building is reserved for and built to accommodate
storefront uses. Parking is not allowed within the first 50 feet of lot depth
as measured from the front building line.
(2) Vehicular access to parking within buildings must be from a rear alley or
private rear lane, whenever feasible. Garage openings along the primary
street frontage are not permitted if access is feasible from another street
or from a rear alley, private street or private rear lane. If there is no other
feasible alternative, a garage opening may be allowed along the primary
street frontage, if the Board determines that the opening(s) will not detract
from or unduly interrupt pedestrian flow along the street. Garage openings
shall be built to the minimum width necessary for access.
(3) Any exterior walls of a parking facility that are visible from a public or
private street must appear to be a component of the fac;ade of the building
through the use of building materials, window openings and fac;:ade
detailing that is similar or complementary to the design of the building.
(4) Each entrance and exit to the parking area must be constructed so that
vehicles entering or leaving the parking area are clearly visible to a
pedestrian on any abutting sidewalk at a distance of not less than 10 feet.
Stop signs and appropriate pedestrian warning signs may be required.
E. Near Southside Parking Facility District
In the Near Southside Parking Facility District, a parking facility impact fee may be
required in lieu of providing all or a portion of on-site parking (See Article 14-7B,
Development Fees).
14-5A-4 Minimum Parking Requirements
A. Purpose
The minimum parking requirements are intended to ensure that enough off-street parking
is provided to accommodate most of the demand for parking generated by the range of
uses that might locate at a site over time, particularly in areas where sufficient on-street
parking in not available. The minimum parking requirements are also intended to ensure
that enough parking is provided on a site to prevent parking for non-residential uses from
encroaching into adjacent residential neighborhoods.
B. Minimum Requirements
1. Table 5A-2 lists the minimum parking requirements and minimum bicycle parking
requirements for the land use or uses on properties in all zones except the CB-5 and
CB-10 Zones. For some land uses, the minimum parking requirements differ based
on the zone in which the property is located.
2. In the CB-5 Zone, parking is not required for any land use, except for Multi-Family
Uses, as specified in Table SA-1, below.
3. In the CB-lO Zone, parking is not required for any land use.
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C. Parking for Persons with Disabilities
Where a use is required to provide accessibility for persons with disabilities, the number
and design of such parking spaces must be in accordance with State of Iowa
Administrative Code, 661 lAC 18, Parking for Persons With Disabilities, as amended.
D. Rules for Computing Minimum Parking Requirements
1. Where a fractional space results, the number of parking and stacking spaces required
is the closest whole number. A half space will be rounded down.
2. Any use that is nonconforming with regard to the number of required parking spaces
is subject to the applicable provisions of Article 14-4E, Nonconforming Situations.
3. In the case of mixed uses, the number of parking and stacking spaces required is
equal to the sum of the requirements for the various uses computed separately,
except for shopping centers, as specified in Table 5A-2, and for reductions allowed
under the subsection entitled "Alternatives to Minimum Parking Requirements,"
below.
E. Rules for COmputing Bicycle Parking Requirements
1. In Tables 5A-l and 5A-2, the minimum bicycle parking requirements are expressed
as a certain number of spaces per dwelling unit or asa percentage of the required
number of vehicle parking spaces.
2. In all cases where bicycle parking is required, a minimum of 4 spaces shall be
provided.
3. After the first 50 bicycle parking spaces are provided, additional spaces are required
at 50 percent of the number required by this Section.
4. Where the expected need for bicycle parking for a particular use is uncertain due to
unknown or unusual operating characteristics of the use or due to a location that is
difficult to access by bicycle, the Building Official may authorize that the construction
of up to 50 percent of the required bicycle parking spaces be deferred. The land area
required for the deferred bicycle parking spaces must be maintained in reserve. If an
enforcement official of the City determines at some point in the future that the
additional parking spaces are needed, the property owner will be required to install
the parking in the reserved area. The owner of the property on which the bicycle
parking area is reserved must properly execute, sign, and record a written agreement
that is binding upon their successors and assigns as a covenant running with the land
that assures the installation of bicycle parking within the reserved area by the owner
if so ordered by an enforcement official of the City.
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Table SA-I: Minimum Parking Requirements in the CB~5
USE SUBGROUPS Parking Requirement Bicycle
CATEGORIES Parking
Residential Uses
Household Living Multi-Iamily CB-5 Zone Efficiency,1-bedroom, and 2-bedroom units: 1 space per dwelling unit.
Uses Dwellings 3-bedroom units: 2 spaces per dwelling unit 1.0 per
Units with more than 3 bedrooms: 3 spaces per dwelling unit d.u.
Eider Apartments: 1 space for every 2 dwelling units.
Table 5A.2: Minimum Parking Requirements for all zones, except the CB.5 and CB.I 0 Zones
USE CATEGORIES SUBGROUPS Parking Requirement Bicycle
Parking
Residential Uses
Household Living Single Family Uses 1 space per dwelling. However, lor a SF use that
contains a househoid with more than 2 un'lllated None
persons, 1 additional parking space is required for each 'llquired
additional unrelated person in excess 01 two. For
example, if a Single Family Use contains 4 unrelated
persons, then 3 parking spaces must be provided.
Two Family Uses 1 space per dwelling unit. For a Two Family dwelling
unit that contains a household with more than 2 None
unrelated persons, 1. additionai parking space is required
required lor each additionai unrelated person in excess
01 two.
Group Households 3 spaces None
requi'lld
Muiti- AU zones, except PRM Efficiency & 1-bedroom units: 1 space per dwelling unit 0.5 per d.u.
family 2-bedroom units: 2 spaces per dwelling unit 1.0 perd.u.
Dwellings 3-bedroom unils: 2 spaces per dwelling unit 1.5 per d.u.
4-bedroom units: 3 spaces per dwelling unil 1.5 per d.u.
5-bedroom units: 4 spaces per dwelling unit 1.5 per d.u.
PRM Zone Efficiency, 1- & 2- bedroom units: 1. space per dwelling 1.0 per d.u.
unit
3-bedroom units: 2 spaces per dwelling unit
Units with mo'll than 3 bedrooms: 3 spaces per
dwelling unit
Elder Apartments 1 space per dwelling unit for independent living units
and 1 space for every 2 dwelling units for assisted living 5%
units, except in the PRM and CB-2 Zones.
In the PRM and CB-2 Zones, 1 space for every 2
dwelling units.
Group Living Assisted Group Living 1 space for every 3 beds plus 1. space for each stali None
member determined by the maximum number of staff required
p'llsent at anyone time.
Independent Group Living 1 space per 300 sq. ft. of floor area or 0.75 spaces per
resident, whichever is less. 25%
Fraternal Group Living 1 space per 300 sq. ft. of floor area or 0.75 spaces per 25%
resident, whichever is less.
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USE CATEGORIES SUBGROUPS Parking Requirement I Bicycle
Parking
Commercial Uses
Adult Business Uses Retail-type 1 space per 300 sq. ft. of floor area 15%
EntertainmenUnight club-type Parking spaces equai to 1/3 the occupant load of the 10%
largest assembly space or seating area in the building.
Animai-related General 1 space for each office, examining room, and None
Commercial treatmenUgrooming room, but not less than 3 spaces. required
Intensive 3 spaces None
required
Commercial Recreational Outdoor Spectator-type Parking spaces equal to 1/4 the occupant ioad of the 10%
Uses (major event facilities, seating area.
such as arenas,
stadiums, etc.)
Participatory-type (tennis Parking spaces equal to 213 the maximum number of 10%
courts, swimming pools, participants likely at anyone time.
archery ranges, sports
fields. etc.)
Indoor Parking spaces equal to 1/3 the occupant load of the 10%
area used for the participatory activity.
Commercial Parking Not applicabie None
required
Eating and Drinking 1 space per 150 sq. ft. of floor area, or parking spaces
Establishments equal to 113 the occupant load of the seating area, 10%
whichever is less. Canry-ouUdelivery restaurants that do
not have a seating area must provide at least 4 spaces.
Quick Vehicle Servicing For gas stations, 1 stacking space is required for every
service stall or pump station. None
For car washes, 4 stacking spaces are required for required
each wash rack, bay, or tunnel.
Parking for convenience retail must be calcuiated
separately. Parking spaces must be provided in lieu of
stacking spaces in instances where egress from a
facility would require moving a motor vehicle waiting for
entry.
Office Uses General Office 1 space per 300 sq. ft. of floor area. 15%
In the MU and CB-2 Zones, no additional parking is
required for that floor area exceeding 8,000 square feel.
Medical/Dental Office 1.5 spaces for each office, examining room and
treatment room, provided however, there shall not be 15%
less than 5 spaces.
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USE CATEGORIES SUBGROUPS Parking Requh-ement Bicycle
Parking
Retail Shopping centers, where a mix of 1 space per 250 sq. ft. of floor area. Spaces for
uses, such as retail, office, residential uses must be calculated separately and 15%
restaurants, theaters, commercial must be provided in addition to the parking spaces for
recreational uses, etc., share the the commercial uses.
same parking area. This parking
minimum may be used as an optional
altemative to calculating the parking
for each of the uses separately.
Sales-Onented 1 space per 300 sq. ft. of floor area 15%
Personal Service-Onented 1 space per 300 sq. ft. of floor area. 15%
Repair -Onented 1 space per 500 sq. ft. of floor area None
required
Hospitality-Onented For hotels and motels, 1 space per guest room. None
For guest houses, as deflned in this Title, 0.75 spaces required
per guest room.
For meeting facilities and similar, spaces equal to 114
the occupant load of the meeting area or 1/4 the
occupant load of the seating area, whichever is most
applicable to the use.
Outdoor Storage and Display- 1 space per 500 sq. ft. of flOOr area 10%
Onented
Surtace Passenger No minimum requ.irement None
Services required
Vehicie Repair 1 space per 300 sq. ft. of floor area. None
required
Industrial Uses
industnal Service 1 space per 750 sq. ft. of floor area None
required
Manufacturing and T echnicallLight Manufacturing 1 space per 750 sq. ft. of floor area None
Production required
General Manufactunng 1 space per 750 sq. ft. of floor area None
required
Heavy Manufactunng 1 space per 750 sq. ft. of floor area None
required
Salvage Operations 1 space per 750 sq. ft. of floor area None
required
Self-Service Storage 2 spaces per leasing office plus 1 space per 100 None
leasable storage spaces. required
Warehouse and Freight For warehouses up to 25,000 sq. ft. 1 space per 1,000 sq. ft. of floor area up to a maximum None
Movement of 5 spaces. required
For warehouses 25,000 sq. ft. or 5 spaces pius 1 space for each 5,000 sq. ft. above None
greater 25,000 sq. ft. required
Waste-Related Uses 1 space per 750 sq. ft. of floor area None
required
Wholesale Saies 1 space per 750 sq. ft. of floor area None
required
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USE CATEGORIES SUBGROUPS Parking Requirement Bicycle
Parking
Institutional And Civic Uses
Basic Utilities No minimum requirement None
required
Colleges and Universities Pubiic Based on parking demand analysis 25%
Private Per speciai exception review based on parking demand 25%
analysis
Community Service General Community Service 1 space per 300 sq. ft. of ftoor area 10%
Community Service - Shelter 0.1 space per temporary resident based on the
maximum number of temporary residents staying at the 25%
shelter at anyone time plus 1 space per employee
based on the maximum number of employees at the
site at anyone time.
Daycare 1 space per employee based on the maximum number
of employees at the site at anyone time plus one 10%
stacking space for each 20 children.
Detention Facilities No minimum requirement None
required
Educational Facilities Elementary, middle, junior high 2 spaces per classroom
schools, and Specialized Educational 25%
Facilities
High schools 10 spaces per classroom 25%
Hospitals 1.75 spaces per hospital bed None
required
Parks and Open Space No minimum requirement, except for recreational uses
within private open spaces areas as follows: 5%
For goll courses, 3. spaces for each green (hole).
For other recreational or pubiic assembly-type uses,
parking is required at hall the minimum amount
required for the most similar commercial recreational
use.
ReligioustFrivate Group Parking spaces equal to 1/6 the occupant load of the
Assembly main auditorium or the largest room in the building, 5%
whichever is greater.
Other Uses
Agriculture Plant-related No minimum requirement None
required
Animal-related No minimum requirement None
required
Aviation-related Uses Airports No minimum requirement None
required
Helicopter Landing Facilities No minimum requirement None
required
Extraction No minimum requirement None
required
Communication No minimum requirement None
Transmission F.acilities required
F. Alternatives to Minimum Parking Requirements
1. Off-Site Parking
Off-street parking may be located on a separate lot from the use served according to
the following rules. When the proposed off-site parking is located in a Residential
Zone, the Board of Adjustment may grant a special exception for the proposed
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parking, provided the conditions contained in subparagraphs a. through g. are met.
When the proposed off-site parking is located in a Commercial, Industrial, or
Research Zone, the Director of Planning and Community Development may approve
the proposed parking, provided the conditions contained in subparagraphs a. through
g. are met.
a. Special Location Plan
A special location plan must be submitted with the application for off-site
parking. The location plan must include a map indicating the proposed location
of the off-site parking, the location of the use or uses served by the parking,
and the distance and proposed walking route between the parking and the
use(s) served. The map must be drawn to scale and include property
boundaries, including boundaries of any intervening properties. In addition,
documentation must be submitted providing evidence deemed necessary to
comply with the requirements herein.
b. Location of Off-site Parking
(1) In Residential and Commercial Zones, no off-site parking space may be
located more than 300 feet from an entrance of the use served.
(2) In Industrial and Research Zones, no off-site parking space may be located
more than 600 feet from an entrance of the use served.
c. Zoning
Off-site parking spaces must be located in the same zone as the principal use(s)
served, or alternatively, off-street parking may be provided on a separate lot
within the parameters of the following pairings:
(1) Parking in a Multi-Family Zone serving a use located in a different Multi-
Family Zone or in the MU Zone or vice versa.
(2) Parking in a Commercial Zone serving a use located in a different
Commercial zone.
(3) Parking in an Industrial Zone serving a use located in a different Industrial
Zone.
(4) Parking in a Commercial Zone serving a use located in an Industrial Zone
or vice versa.
d. Shared Use of Off-Site Parking
Where two or more uses will jointly use the proposed off-site parking, the
number of parking spaces shall equal the sum total of off-street parking spaces
required, as indicated in Tables 5A-l and 5A-2, except for reductions approved
under the provisions of paragraph 2, below, Allowed Reductions for Shared
Parking.
e. Off-Site Parking Located in a Municipally-Owned Parking Facility
In instances where a use is within 600 feet of a City-owned parking area, up to
50 percent of the required number of parking spaces may be provided in the
parking facility. When a use abuts a City-owned parking area, up to 100 percent
of the required number of parking spaces may be provided in the parking
facility. When an applicant requests to provide off-street parking in a City-owned
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parking facility, the City Manager or designee must substantiate that with the
addition of the requested number of parking spaces the capacity of the parking
facility will not be exceeded.
f. Approval Criteria
In assessing a special location plan for off-site parking, the Board of Adjustment
or Director of Planning and Community Development, as applicable, will consider
the desirability of the location of off-street parking and stacking spaces on a lot
separate from the use served in terms of pedestrian and vehicular traffic safety;
any detrimental effects on adjacent property; the appearance of the streetscape
as a consequence of the off-street parking; and in the case of non-required
parking, the need for additional off-street parking.
g. Covenant for Off-Site Parking
A written agreement between the owners of the parking and the owners of the
property for which the parking will serve must be submitted with the application
for off-site parking. The agreement must assure the retention of the parking and
stacking spaces, aisles and drives and be properly executed, binding upon their
successors and assigns, and must be recorded as a covenant running with the
land. The agreement must provide that it cannot be released, and its terms and
conditions cannot be modified in any manner whatsoever, without prior written
consent and approval from the City. The written agreement must be reviewed
and approved by the City Attorney.
2. Allowed Reductions for Shared Parking
The Building Official in consultation with the Director of Planning and Community
Development may approve a minor modification as specified in Section 14-4B-1 to
reduce the total number of parking spaces required by up to 50 percent, if the uses
sharing the parking are not normally open, used, or operated during the same hours.
However, this reduction is not allowed for Residential Uses. To qualify for a
reduction under this provision, a parking demand analysis must be submitted that
provides evidence that the amount of parking proposed for the shared parking area
will be sufficient to meet the parking demand.
3. Landbanked Parking in the eN-l Zone
The Director of Planning and Community Development may reduce the minimum
parking requirements in the CN-1 Zone as follows, ifit is determined that the
proposed reduction will further the intent of the CN-1 zone. To accommodate future
changes in land use, changes in ownership, and shifts in shared parking demand, up
to 30 percent of the land area that would otherwise be needed to provide the
required amount of parking may be land banked or set aside on the site to provide for
the future construction of a parking area. If an enforcement official of the City
determines at some point in the future that additional parking spaces are needed, the
property owner will be required to construct parking on the landbanked area. A
written agreement between the property owner and the City must be properly
executed and recorded as a covenant running with the land and binding upon all
successors and assigns, assuring the installation of parking within the landbanked
area by the owner if so ordered by the enforcement official.
4. Parking Exemption in the CB-5 Zone
In the CB-5 Zone, a minor modification may be granted as specified in Section 14-4B-
1 exempting up to 30 percent of the total number of dwelling units contained in a
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building from the minimum parking requirements, provided that those dwelling units
are committed to the City's assisted housing program or any other affordable housing
program approved by the City.
5. Parking Reduction for Other Unique Circumstances
Where it can be demonstrated that a specific use has unique characteristics such that
the number of parking or stacking spaces required is excessive, the Board of
Adjustment may grant a special exception to reduce the number of required parking
or stacking spaces by up to 50 percent (up to 100 percent for properties designated
as a local historic landmark or listed on the National Register of Historic Places).
14-SA-S Construction and Desi n Standards
A. Purpose
The construction and design standards are intended to ensure safe and efficient vehicular,
bicycle, and pedestrian circulation on a site, and to ensure that parking areas are designed
with trees and landscaping in a manner that will break up the appearance of large
expanses of paving, provide shade coverage, and ensure appropriate screening and
buffering from pedestrian ways and adjacent streets and properties.
B. Paving Materials
All parking and stacking spaces, drives and aisles must be constructed of asphaltic cement
concrete, Portland cement concrete or manufactured paving materials, such as brick,
except in the following situations:
1. Drives and aisles serving single-family dwellings or duplexes that abut and access
historic Woodlawn Avenue or a non-hard surfaced alley are exempt from this
standard.
2. The City Building Official may permit materials other than those listed, but excluding
crushed rock or chip seal surfaces, for parking spaces, aisles, and drives if the use of
such material provides a durable, permanent surface deemed suitable for the
intended purpose and intensity of use.
3. Prior to the issuance of a certificate of occupancy all parking and stacking spaces,
drives and aisles must be paved with an approved surface as specified above, except
that the Building Official may issue a temporary certificate of occupancy in those
instances where the Building Official finds that the paving cannot reasonably be
completed due to adverse weather conditions or settling of land on the site after
demolition or filling. A temporary certificate of occupancy will be effective only to a
date specific. Prior to the issuance of a temporary certificate, the property owner
must place in an escrow account, established with the City, an amount equal to 110
percent of the estimated cost of paving.
C. Parking and Stacking Space Size
1. The minimum size of a standard off-street parking space is 9 feet by 18 feet,
exclusive of aisle width.
2. The minimum size of a compact off-street parking space is 8 feet by 15 feet,
exclusive of aisle width.
3. For all Uses, except Single Family and Two-Family Uses, the following rules apply:
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a. Up to 50 percent of the required number of parking spaces may be compact
spaces. A "Compact Vehicles Only" sign must be posted on or in front of each
compact space.
b. All other spaces, both required and nonrequired, must meet or exceed the
minimum size specification for standard spaces.
c. Parking spaces reserved for persons with disabilities must be sized and designed
in accordance with State of Iowa Administrative Code, 661 lAC 18, Parking for
Persons With Disabilities, as amended.
4. For Single Family and Two Family Uses, required parking spaces must be at least g
feet by 18 feet in size.
5. Required stacking spaces must be at least 9 feet wide and 19 feet long.
6. In all required parking areas that contain more than 4 parking spaces, such spaces
must be visibly delineated on the surface by painted or marked stripes.
D. Drainage
1. All parking and stacking spaces, drives and aisles in parking areas must be pitched or
curbed and drained to prevent the flow of excess water from such areas onto streets
and alleys which do not have adequate drainage facilities as determined by the City
Engineer.
2. Drives and aisles that are located within 3 feet of a side or rear lot line must be
pitched or curbed and drained to prevent flow of water onto adjoining property.
Alternatively, a drainage course must be established along lot lines to handle storm
water runoff.
E. Location
1. Off-street parking and stacking spaces must be located on the same lot as the use
served except as allowed in the subsection entitled, "Alternatives to Minimum Parking
Requirements," above.
2. Off-street parking spaces, stacking spaces, aisles and drives are subject to the
location and setback requirements specified in the base zone and any other location
requirements of this Title that specifically supercede or augment these general
location standards.
3. Unless otherwise specified in this Title, stacking spaces must be located in such a
way that a required parking space or access to a required parking space is not
obstructed.
F. Standards for Structured Parking in Multi-Family and Commercial Zones
The following standards apply to structured parking in all Multi-Family Zones and all
Commercial Zones, except the C6-10 Zone. Standards for structured parking in the C6-10
Zone are specified in Subsection 14-5A-3D, above.
1. In Commercial Zones the ground level floor of a building is reserved primarily for
principal uses allowed in the zone. Therefore, any parking located within the exterior
walls of the building must meet the following standards:
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a. Structured parking is not permitted on the ground-level floor of the building for
the first 30 feet of lot depth as measured from the minimum setback line. In the
CN-l Zone it is measured from the "build-to" line.
b. No more than 50 percent of the ground level floor of a building may consist of
parking.
c. The ceiling height of any underground parking may extend no more than 1 foot
above the level of the adjacent sidewalk.
2. Except for garage openings, the parking area must be enclosed within the exterior
. walls of the building. In no case shall a building have the appearance from the street
or from abutting properties of being elevated above a parking level or "on stilts."
(See Figure SA.l)
3. Any exterior walls of a parking facility that are visible from a public or private street
or from an abutting property must appear to be a component of the fac;ade of the
building through the use of building materials, window openings and fac;ade detailing
that is similar or complementary to the design of the building and must comply with
the other standards of this Section. (See Figure SA.l)
Figure SA. 1 - Structured Parking
Acceptable
~TI:~
o
o
Unacceptable
Unacceptable
4. In addition to window openings, the City may require landscaping as a means to
soften the visual effect of any garage walls located at the street level. Shrubs, small
berms, and planters may be used to form a landscaped screen generally ranging
between 2 and 4 feet in height. Trees may also be incorporated into the landscaped
area if sufficient area is available for tree growth.
5. Garage Entrances/Exits. Vehicular access to parking within buildings must be from a
rear alley or private rear lane, if available. If rear access is not possible, garage
openings may face a street, but must comply with the following standards:
a. The location of driveways and garage openings must be designed to minimize
hazards to pedestrians.
b. There may be no more than one double-wide or two single-wide garage
openings per building. Double-wide openings may not exceed 18 feet in width;
single-wide openings may not exceed 9 feet in width.
c. Except in the CN-l and C6-S Zones, the opening(s) must occupy no more than
50% of the length of the street-facing building wall. On corner lots, only one
street-facing garage wall must meet this standard. In the CN-l and C6-S Zones,
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garage opening(s) along the primary street frontage are not permitted if access
is possible from another street or from a rear alley, private street or private rear
lane. If there is no alternative, garage opening(s) are allowed along the primary
street frontage, provided that they occupy no more than 35 percent of the
length of the primary street frontage of the lot.
G. Standards for Structured Parking in Industrial and Research Zones
Where parking is located within the exterior walls of a principal building, the following
standards apply:
1. Any exterior walls of a parking facility that are visible from an arterial street must
appear to be a component of the fa<;ade of the building through the use of building
materials, window openings and fa<;ade detailing that is similar or complementary to
the design of the building. In no case shall a building have the appearance from an
arterial street of being elevated above a parking level or "on stilts." (See Figure SA.1)
2. Garage Entrances/Exits. Vehicular access to parking within buildings must be from a
private street, rear alley, or private rear lane, if available. If such access is not
possible, garage openings may face a public street, but must be designed to minimize
hazards to pedestrians. Garage openings should be limited in width and number to
only what is necessary to provide adequate access for the types and numbers of
vehicles using the parking facility.
H. Design and Layout of Surface Parking Areas
Except for parking for Single-Family and Two-Family Uses, all parking and stacking spaces,
aisles and drives must be designed as follows:
1. Minimum Dimensions
Parking areas must be configured according to the aisle and parking space angle
dimensions as illustrated in Figure SA.2. Where the edges of parking spaces are
curved, as on a curved aisle, all angles are to be measured between the
straightedges of the parking spaces and tangents to the curved edges at their point
of intersection.
2. Aisles
a. All parking spaces must be connected to an aisle that has a minimum width as
indicated in the Figure SA.2. Aisles designed for two-way traffic must be a
minimum of 22 feet in width.
b. The greatest aisle width shown in Figure SA.2 must be provided when
combining different parking space configurations on the same aisle.
c. The maximum aisle width is 24 feet.
3. Drives
A drive providing access to a parking area with more than 18 spaces must be no less
than 18 feet in width if designed for two-way traffic or 10 feet in width if designed for
one-way traffic.
246
9' 9' 9' CURB etl
90'
'S'
15' 32'
40' AISLE '[j
AISLE tl
City Council - Final Draft
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Figure 5A.2 - Parking Configurations
Standard Vehicles
PARALLEL
fOOJTEiTIT~4,
L,S'~ 'L
AISLE 'f
3D'
45'
CURB
AISLE
50'
CURB
14-5A
Off-Street Parking and Loading Standards
Compact Vehicles
~TiETm
AISLE 15' 'f' L
AISLE
CURB
AISLE
31'
tL
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4. Circulation:
a. Parking areas must be designed to promote safe and convenient pedestrian,
bicycle, and vehicular circulation according to the standards of the base zone in
which the property is located.
b. Parking spaces within parking areas must be provided with car stops or curbing
to prevent encroachment into landscaped setbacks, medians, islands, or
abutting parking spaces.
c. Parking areas must be set back from rights-of-way and abutting properties and
properly screened from view as specified in the applicable base zone
regulations.
d. To guide turning vehicles, maintain sight lines, and protect vehicles at row ends,
the free end of all parking aisles must be capped with a landscaped terminal
island as illustrated in Figure SA.3, below. In the eN-1 Zone, at least one shade
tree must be provided within each terminal island.
Figure 5A.3 - Terminal Parking Islands
.....--------
~
0000
e. To control vehicle speeds and facilitate traffic safety and circulation, drives must
be separated from parking spaces and aisles by landscaped medians and islands
as illustrated in Figure SAA, below. Medians should be at least 8 feet wide to
accommodate parking lot trees. If medians are intended for pedestrian
circulation they should be approximately 12 to 20 feet wide to accommodate a
walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle
areas.
f. Drives must not be used as aisles, except as follows. If two parking areas on a
lot are connected by a drive, that drive may also be used as an aisle for not
more than 12 parking spaces.
g. Parking areas must be designed to permit ingress and egress of vehicles without
needing to move any other vehicle occupying a parking space.
h. No parking area shall be designed in such a manner that exiting a parking area
would require backing into a street.
i. If the number of parking spaces required or provided for a use or a combination
of uses on a lot is greater than 8 spaces, none of those spaces may be located
in such a manner that would require backing into an alley.
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5. Partition of Large Parking Areas
Surface parking areas that are larger than 45,000 square feet or that have any
perimeter dimension greater than 300 feet must be divided into smaller, connected
lots to slow traffic movement, improve pedestrian safety, and reduce the visual
impact of large parking areas. The following design techniques must be utilized to
meet this standard. These design techniques may also be utilized as a means of
meeting the pedestrian circulation standards of the base zone. (See Figure 5AA,
below)
a. Divide the parking into separate areas with the use of drives and landscape
medians. These "separate areas" should have no dimension greater than
approximately 200 feet.
b. The parking layout should ensure that no aisle of parking is longer than
approximately 200 feet without being end-capped and crossed by a drive or
landscaped median.
c. Some parking areas may not easily accommodate the techniques described
above, such as long and narrow parking lots, so other options may be approved
by the Director of Planning and Community Development, such as the use of
landscaped islands to interrupt parking aisles and provide opportunities for
pedestrian crossings.
Figure SA.4 - Partition of Parking lots/separation of aisles and drives
o
o
o
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14-5A
Off-Street Parking and Loading Standards
I. Landscaping and Tree Requirements within Parking Areas
1. Applicability
a. Parking areas that contain more than 18 parking spaces must be designed to
include trees and planting areas according to the requirements of this
subsection.
b. If the number of parking spaces in an existing parking area is increased to
accommodate more than 18 parking spaces, then the newly added parking area
must comply with the requirements of this subsection.
c. If an existing parking area, which is not constructed with a permanent durable
surface according to the construction and design standards above, is
subsequently required to be surfaced or altered in any way, the provisions of
this subsection shall apply as if the parking area did not previously exist.
d. Parking ramps, covered parking areas, and parking areas that are an integral
part of a building are exempt from the requirements of this subsection.
However, in such cases, certain perimeter landscaping may be required
according to the provisions of the base zone.
2. Requirements
a. Trees must be planted or preserved on the site so that every parking space or
portion thereof is within forty feet (40') of a small tree or within sixty feet (60')
of a large tree.
b. In addition to the required trees, all medians, islands and other planting areas
within the parking area must be landscaped with turf, grasses, low shrubs or
other living cover. Planting areas at the ends of parking aisles must consist of
low-growing varieties of shrubs, grasses, and ground cover(two feet in height or
less) so as not to impede vehicular sight lines. Landscape medians along drives
and pedestrian walkways may utilize larger shrubs and plants to visually break
up the appearance of large parking areas and buffer pedestrian walkways. Trees
may be planted in any median or planting island provided the median or island
meets the minimum planting area size specified in Article 14-SE, Landscaping
and Tree Requirements.
c. Planting areas must be separated from parking spaces, drives, aisles, and alleys
with unmountable curbs or barriers at least 5 inches in height. Curbs and
barriers must be constructed in a manner that will prevent salt and sand from
storm water runoff from damaging trees and plantings. The City may waive this
requirement when drainage swales are utilized to facilitate stormwater run-off.
d. The design of any drainage swales proposed must be approved by the City.
Drainage swales must be planted with salt-tolerant prairie grasses, sedges and
reeds that will slow run-off and allow ground infiltration. The plants used in such
swales must be approved by the City.
e. Coniferous trees may not be used to satisfy parking lot coverage requirements.
f. Trees planted to meet the street tree requirements or to meet the tree
requirements for residential uses (See Article 14-SE) may also be used to fulfill
the requirements of this subsection, provided that no parking space is further
than 40 feet from a small tree or 60 feet from a large tree.
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g. All trees and landscaping within parking lots are subject to the provisions of
Article 14-5E, Sections 3 through 6, General Requirements and Measurements,
Tree Planting Requirements, Protection and Maintenance, and Preservation of
Existing Trees.
J. Screening and Setback Requirements
Parking areas must be setback from rights-of-way and abutting properties and screened
from view according to applicable setback and screening provisions of the subject base
zone.
K. Design of Bicycle Parking Areas
1. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland
cement concrete or manufactured paving materials, such as brick. However, the City
Building Official may permit the use of rock or gravel areas for bicycle parking,
provided edging materials are used so that the bicycle parking area is clearly
demarcated and the rock material is contained.
2. Required bicycle parking racks must be designed to support the bicycle by its frame
and allow the use of either a cable lock or a U-shaped lock. Bicycle lockers and
secure indoor storage facilities are also allowed.
3. Bicycle parking facilities shall be located in a clearly designated, safe and convenient
location and shall be located so as not to impede pedestrian or vehicular traffic.
Bicycle parking is allowed in front and side building setbacks in all zones, provided
that such a parking area results in no more than 25 percent of the required setback
area being paved.
L. Special Vehicle Parking and Storage Requirements in Single Family Zones
The provisions of this subsection apply in all Single Family Residential Zones. For purposes
of this subsection, a special vehicle is defined as any device, more than 7.5 feet in height
and more than 20 feet in length, which is or may be transported or drawn upon a
highway, street, or body of water, including without limitation any motor vehicle, truck,
trailer, tractor, wagon, watercraft or any combination thereof exceeding these dimensions.
A storage area for a special vehicle includes any space equal in size to the outer perimeter
of the subject special vehicle that is used for storage of such a vehicle. The following
provisions apply to all such special vehicles.
1. A special vehicle may be stored inside any building, provided it is not stored in a
required parking space.
2. A special vehicle stored outside a building must comply with the following standards:
a. The vehicle must be in operational condition and properly licensed as required
by State and Federal law;
b. The special vehicle must belong to the owner or tenant of the property on which
the vehicle is located, except for special vehicles of guests, as provided in
subparagraph c., below;
c. A special vehicle may not be used for dwelling purposes except as temporary
lodging for guests of the property owner or tenant. Such temporary lodging may
occur for no more than 21 consecutive days nor may temporary lodging exceed
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Off-Street Parking and Loading Standards
a total of 45 days in any calendar year. An extension may be approved by the
City Manager or designee.
d. The special vehicle may not be used for storage of items other than those
considered to be part of the unit.
e. The storage area must be surfaced with crushed rock, asphalt, concrete or a
similar surface designed and maintained to prevent muddy conditions, erosion
from the flow of water onto adjoining property and weed growth. In cases
where crushed rock is used, the perimeter of a storage area must be lined with
bricks, landscape timbers or similar material that will effectively contain the
crushed rock.
f. Location restrictions
(1) A special vehicle may not be parked or stored on a vacant residential lot.
(2) No special vehicle may be stored in a front setback, except on a regularly
constructed aisle for a period of no more than 4 days for the purpose of
loading and unloading.
(3) A special vehicle may be stored in the required rear setback or the required
side setback, provided the outer edge of the storage area is no closer than
3 feet to a side lot line or to a rear lot line ofa reversed corner lot.
(4) The City Manager or designee may permit outside storage of a special
vehicle in the required front setback or the required side setback along a
street, provided:
(a) Storage space is not available in the side or rear setback or there is
no access to either the side or rear setback. For purposes of this
provision, a corner lot will always be deemed to have access to the
rear setback. Accessory structures and buildings less than 160 square
feet in area and vegetation that is transplantable are not deemed to
prevent access.
(b) Inside storage is not possible because the size of the special vehicle
exceeds either the space available or the size of the entrance
available in any existing building or both.
(c) The special vehicle is parked perpendicular to the street.
(d) The special vehicle storage area is screened from view of the street
using landscaping, a fence or a wall. Fences, walls, and hedges must
meet the applicable standards specified in Article 14-4C, Accessory
Uses and Buildings.
(e) No part ofthe special vehicle extends beyond the property line or
over a public right of way.
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l4-5A
Off-Street Parking and Loading Standards
14-SA-6 Off-Street Loadin Re uirements
A. Applicability
In all Zones, except the CB-5 and CB-10 Zones, off-street loading spaces must be provided
and maintained in compliance with the following requirements.
B. Off-Street Loading Requirements
Any non-residential use that receives or distributes materials or merchandise by trucks or
vans and that has an aggregate gross floor area of 10,000 square feet or more, must
provide the minimum number of loading spaces as indicated in Table 5A- 3.
:',f,',:;:,i-,'1;;';';';':':,;;':i';;,";";;"'("";!';','i;,:" .,.;'1',,"",.,
;Ja~~'~~:,3:'Off.Stieet Loading ~equirements'
r,,~., ~:~e~:/!..'.;"..'~.'.:~" ;~i~U~:dol Loadi~g
,u'''e(eet) . ., Spa~es, :. ..
10,000 to 20,000
20,000 to 40,000
40,000 to 80,000
80,000 to 120,000
120,000 to 160,000
For each additional 80,000
2
3
4
S
1 additional
C. Rules for Computing Minimum Loading Requirements
1. Where a fractional space results, the number of loading spaces required is the closest
whole number. A half space will be rounded down.
2, Any use that is nonconforming with regard to the number of required loading spaces
is subject to the applicable provisions of Article 14-4E, Nonconforming Situations.
D. Use and Restrictions
1. The use of required loading spaces is reserved for loading. Other uses of required
loading areas are not permitted, except as approved for a Temporary Use (See Article
14-4D, Temporary Uses).
2, The storage of merchandise, materials, equipment, refuse containers, obsolete or
junk vehicles or the major repair of vehicles in required loading areas is prohibited.
E. Design and Maintenance Requirements
All loading spaces must be constructed of asphalt, concrete or similar permanent dust-free
surface and in accordance with the following requirements,
1. Loading spaces must be a minimum of 10 feet wide, 25 feet long and 12 feet high,
exclusive of aisles. When more than 2 spaces are required, the spaces, other than
the first 2, must be at least 12 feet wide, 72 feet long and 14 feet high.
2. All loading spaces must be pitched and drained to prevent the flow of water from
such areas onto streets and alleys that do not have adequate drainage facilities as
determined by the City Engineer.
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Off-Street Parking and Loading Standards
F. General Location Standards
1. Loading spaces must be located so that trucks or vans loading or unloading do not
back onto or out of a street.
2. Off-street loading areas are subject to the location and setback requirements
specified in the base zone.
G. Screening Requirements
Loading areas must be screened from view according to applicable screening provisions of
the base zone.
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14-5B
Sign Regulations
Article B. Sign Regulations
14-5B-1 Purpose
The purpose for this Article is to enhance and protect the physical appearance and safety of the
community, to protect property values and to preserve Iowa City's areas of natural, historic and
scenic beauty. These regulations are also intended to reduce distractions and obstructions
contributing to traffic accidents, reduce hazards caused by signs projecting over the public right
of way, provide a reasonable opportunity for all sign users to display signs without interference
from other signage, to provide fair and equitable treatment for all sign users and to establish a
reasonable period of time for the elimination of nonconforming signs.
14-5B-2 General Rules and Applicability
A. Applicability
All signs on private property must be installed, maintained, and/or removed according to
the provisions of this Article.
B. Permit Required
1. No sign requiring a permit in accordance with the requirements of this Article shall be
installed, altered, moved, improved or converted without first obtaining a sign permit
from the Building Official or designee according to the procedures specified in
Chapter 8 of this Title, Review and Approval Procedures. A permit is not required for
incidental repairs or routine maintenance.
2. Certain types of signs are allowed without a permit and such exemption from the sign
permit requirements is clearly specified in the tables included in Sections 8 and 9,
below. A permit is required for any sign that is not specifically exempted from the
permit requirements.
C. Sign Installer's License Required
1. Except for those signs not requiring a permit, as listed in Sections 8 and 9 of this
Article, it shall be unlawful for any person to install, alter, move, improve, remove or
convert any sign without having a sign installer's license in good standing issued by
the City. A one-time sign installer's license shall be available to a tenant or owner of a
building to permit the tenant's or owner's own sign to be installed.
2. The license to install, alter, move, improve, remove or convert any sign as required
herein shall be known as a sign installer's license and shall be issued by the City to
the person desiring to perform the work indicated above. No such license shall be
issued to any person until such person shall have paid to the City a license fee as
established by resolution of City Council and shall have filed with the Department of
Housing and Inspection Services a copy or a certificate of a contractor's public liability
insurance policy with coverage limits as set out in Title 3, Chapter 4 of the City Code.
The City shall be designated as an additional insured, and the policy shall provide
that the City is to be notified 30 days in advance of the termination of the policy. The
license shall indemnify and save harmless the City from any and all damage,
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Sign Regulations
judgment, cost or expense which the City may incur or suffer by reason of said
license issuance.
3. All sign installer's licenses shall expire on December 31 of each year. Renewal fees
and reinstatement fees shall be as established by resolution of the City Council. Any
license that has expired may be reinstated within 60 calendar days after the
expiration date upon payment of an additional reinstatement fee.
4. A one-time sign installer's license shall be valid for 30 days from the date of issuance.
5. The Building Official or designee is responsible for enforcement of these provisions
and is empowered to suspend or revoke a sign installer's license for a violation of the
sign regulations or if the license was obtained by fraud or if the license allows any
person not employed by the sign installer without a valid installer's license to do or
cause to be done any work requiring a license.
6. A person aggrieved by the revocation, suspension or denial of a license may appeal
said action to the Board of Adjustment.
7. If a license is revoked for any reason, another installer's license shall not be issued to
such person for 12 months after revocation.
D. Application of State Law
In any case in which the Code of Iowa, as amended, contains more restrictive
requirements than the regulations contained herein, the Code of Iowa, as amended, will
govern.
14-5B-3 General Location Standards
A. Location Standards For All Zones
1. No sign shall be located in violation of the Intersection Visibility Standards set forth in
Article 14-50.
2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any
property line, with the following exception. Signs may be located closer than 5 feet to
a property line at 10 feet or more above grade, provided no part of the sign or sign
support overhangs any property lines. In addition, freestanding wide-base signs must
not be located closer than 10 feet to any right-of-way or closer than 30 feet to any
street curb.
3. Building signs must comply with the building setback requirements of the base zone.
No part of a building sign or sign support may overhang a property line, unless
specifically allowed in this Article.
4. For any sign that is allowed to project over the public right-of-way according to the
provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by
the property owner as a part of the permitting process.
5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No
sign shall be attached to a standpipe or fire escape.
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Sign Regulations
B. Signs Adjacent To Residential Zones
1. Any signs within 100 feet of a Residential Zone must comply with the requirements of
Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones.
2. Electronic changeable copy signs are not allowed within 100 feet of a Residential
Zone, except for Time and Temperature Signs, as defined in Article 14-9C, Sign
Definitions.
3. Except for facia signs, no sign shall be located in the required front building setback
area within 50 feet of a Residential Zone.
4. Facia signs located within 50 feet of a Residential Zone on the same side of the street
shall not be placed on the wall of the building facing the Residential Zone.
14-5B-4 Construction and Maintenance Requirements
A. Construction
All signs, except for temporary signs, shall be designed and constructed to withstand a
wind pressure of not less than 30 pounds per square foot of area and loads as required by
the Building Code.
B. Minimum Clearance Height
The minimum clearance height is measured from grade to the lowest point on the sign.
The minimum clearance height for freestanding, banner, and time and temperature signs
is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and C6-10 Zones, the
minimum clearance height is 8 feet.
C. Maintenance
All signs shall be maintained in such a manner as to avoid becoming a hazardous sign.
D. Changeable Copy
1. Copy that is changed manually
Any sign may contain copy that is changed manually.
2. Copy that is changed electronically
Signs where the copy is changed by electronic means are only allowed as specified
below.
a. The sign must be located in a Commercial Zone or the MU Zone. However,
electronic changeable copy signs are not allowed within 100 feet of a Residential
Zone, except for Time and Temperature Signs, as defined in Article 14-9C, Sign
Definitions.
b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI-
1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in
Article 14-9C, Sign Definitions shall not count toward the one sign limit.
c. The changeable copy may not be animated (See definition of ANIMATED SIGN
in Article 14-9C, Sign Definitions). The copy may be changed no more than once
per hour, except for designation of the time and temperature, which may be
changed more frequently.
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Sign Regulations
d. The sign may not contain images or be of a brightness that will interfere with,
obstruct the view of, or confuse traffic. The sign may not contain images that
may be confused with any authorized traffic sign, signal or device. The sign
may not make use of the words, "stop," "go slow," "caution," "drive in,"
"danger," or any other word, phrase, symbol or character in such a way as to
interfere with, mislead or confuse traffic.
e. The sign must comply with the illumination standards as specified in the
following subsection.
f. In the MU, CO-1, CN-1, and CB-lO Zones, electronic changeable copy is only
allowed on a time and temperature sign (See definition of TIME AND
TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion
of the sign is limited to the display of the time and/or temperature and may not
exceed 40 percent of the area of the sign face.
g. In the CH-1, CI-1, and CC-2 Zones, electronic changeable copy is only allowed
on time and temperature signs, freestanding signs, freestanding wide-base
signs, and monument signs. On time and temperature signs, the electronic
changeable copy portion of the sign is limited to the display of the time and/or
temperature and may not exceed 40 percent of the area of the sign face. On
freestanding and freestanding wide-base signs the electronic changeable copy
portion of the sign may not exceed 40 percent of the area of the sign face. For
monument signs the electronic changeable copy portion of the sign may not
exceed 50 percent of the area of the sign face.
h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time
and temperature signs and monument signs. On time and temperature signs,
the electronic changeable copy portion of the sign is limited to the display of the
time and/or temperature and may not exceed 40 percent of the area of the sign
face. On monument signs the electronic changeable copy portion of the sign
may not exceed 75 percent of the area of the sign face.
E. Illumination Requirements
Illuminated signs must conform to the following requirements:
1. Except for signs in the ID and Residential Zones and special event signs, all permitted
signs may be internally or externally illuminated. All signs permitted in the ID and
Residential Zones and special event signs may only be externally illuminated with
white light.
2. Illumination through the use of exposed lamps or inert gas tubes is allowed, provided
the exposed lamp does not exceed 11 watts or that an inert gas tube does not draw
more than 60 milliamps. When inside frosted lamps or exposed lamps with a diffusing
screen are used, no lamp shall exceed 25 watts.
3. Illumination through the use of LEOs is allowed only as specified for electronic
changeable copy. All signs using LEOs must have installed ambient light monitors
and must at all times allow such monitors to automatically adjust the brightness level
of the electronic sign based on ambient light conditions. At no time shall the sign be
operated at a brightness level greater than the manufacturer's recommended levels.
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Sign Regulations
The electronic changeable copy must be monochromatic. It must utilize a dark
background with only the message or image lit in a single color.
4. Artificial external light Sources used to illuminate a sign face must be located and
shielded such that the bulb is not directly visible from any adjacent residentially-
zoned property or public right-of-way and must use a narrow cone of light that does
not extend beyond the illuminated sign face.
5. Illumination on a property, including illumination from signs, must not exceed 0.5
initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any
point along a property boundary that is adjacent to or across the street from
properties that are zoned Residential, CN-l, or CO-I.
6. All illuminated signs are subject to the provisions of the Electrical Code, including any
permit fees.
7. Permit applications for electronic changeable copy signs must include a copy of the
manufacturer's operating manual, including any recommended standards for
brightness and other display operations. .
8. For electronic changeable copy signs, whether the sign is programmed from the site
or from a remote location, the computer interface that programs the sign shall be
made available to City staff for inspection upon request. If the computer interface is
not immediately available, the sign shall cease operation until such program can. be
provided.
14-58-5 Nonconformin Situations
A. Nonconforming Signs
All legally nonconforming signs must comply with the provisions specified for
nonconforming signs in Article 14-4E, Nonconforming Situations. Signs deemed "historic"
may be eligible for a special exception according to the provisions specified in Article 14-
4E, Nonconforming Situations.
B. Signs for Nonconforming Uses
A nonconforming use is permitted to have the same amount and type of signage as would
be allowed for such use in the most restrictive zone in which such use is allowed.
14-58-6 Prohibited Si ns
A. Regulations are Exclusionary
These regulations are intended to be exclusionary. Any type of sign not specifically listed
in this Article is prohibited. In addition, the following signs are specifically prohibited in all
zones:
1. Animated signs, except for barber poles as expressly permitted by this Article;
2. Hazardous signs;
3. Obsolete signs;
4. Painted wall signs;
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Sign Regulations
5. Portable signs, including signs on wheels, trailers, and truck beds, but excepting
those portable signs expressly permitted by this Article;
6. Roof signs;
7. Searchlights;
8. Spinners, balloons, pennants, or other similar devices;
9. Swinging signs.
10. No vehicle, including trailers, shall be parked so that it functions primarily as a sign. A
vehicle will be considered in violation of this provision if questions a. through c.,
below, can be answered in the affirmative and there is no compelling answer to
question d. to justify the parking location as opposed to some less conspicuous
location.
a. Is the vehicle parked at a prominent location?
b. Can people driving by the sign easily read the sign?
c. Is the vehicle in the same or similar locations for several hours during the same
day or for several days during the same week?
d. Are there any stated or apparent reasons, other than for signage purposes, that
justify the vehicle being at that location?
B. Removal of Prohibited or Illegal Signs
In accordance with the following procedure, the Building Official or designee is authorized
to require the removal of any illegal or prohibited sign:
1. Before taking action to require the removal of any illegal or prohibited sign, the
Building Official or designee will provide written notice to the owner or operator of
the business to which the sign relates.
2. The notice will specify that the illegal or prohibited sign must be removed or brought
into compliance with this Article within a reasonable time of such notice.
3. If the sign is not removed or repaired, as the case may be, within the time allowed,
the Building Official or designee is hereby authorized to have the sign removed to be
used as evidence and assess the costs of removal against the property for collection
in the same manner as a property tax.
14-58-7 Measurement Standards
A. Maximum Sign Area
1. Where the size of a sign is regulated by the area of a wall, an awning or a canopy,
the maximum sign area is calculated as a percentage of the total area of the wall, the
awning, or the canopy on which the sign is affixed.
2. The total building signage on a wall, canopy, or awning shall not exceed the
maximum sign allowance for that wall, canopy, or awning, regardless of the number
of uses or occupants in the building. For example, if the maximum sign area for facia
signs is 15 percent, then no more than 15 percent of any single wall of the building
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Sign Regulations
may be covered by facia signs, regardless of how many businesses are located in the
building.
B. Measuring Sign Area
The area of each sign, regardless of shape, shall be computed by determining the area of
a triangle, rectangle or circle that completely encloses the outer perimeter of the sign face.
In the case of a sign composed of characters or words that are attached directly to a
building, an appurtenance to a building, or a masonry wall, the area of the sign will be
computed by determining the area of a triangle, rectangle, or circle that completely
encloses the whole group of characters or words.
C. Measuring Sign Height
The maximum height of a sign shall be the measurement from grade to the highest point
on the sign. In the case where a minimum height is established, the minimum height shall
be measured from grade to the lowest point on the sign.
14-5B-8 Si ns Permitted by Zone
A. Sign Standards for the ID and OPDH Zones
1. Permitted Signs:
a. Single Family Uses and Two Family Uses are not allowed to install permanent
signs, except for one small identification building sign and one integral sign and
public flags, as specified in Table 58-1, below.
b. Signage for non-residential uses in the ID-RS and ID-RM Zones, are permitted
one identification sign. The identification sign may be one of the following types:
facia, awning or monument sign. For Institutional Uses, the sign may also
include copy announcing its services or activities.
c. Signage for non-residential uses in the ID-C, ID- I, and ID-RP Zones must
comply with the sign regulations contained in Subsection 88, Sign Standards in
the CO-l, CN-l and MU Zones.
d. Residential uses in any OPDH zone are permitted signage in accordance with the
requirements of the underlying Residential Zone. Non-residential uses approved
as part of a planned development are permitted signage in accordance with the
sign regulations contained in Subsection 88, Sign Standards in the CO-l, CN-l
and MU Zones.
2. Sign Specifications and Provisions
a. All signs for residential uses in the ID Zones and OPDH Zones are subject to the
standards specified in Table 58-1.
b. All signs in the ID-RS and ID-RM Zones are subject to the standards specified in
Table 58-1.
c. All signs for non-residential uses in the ID-C, ID- I, and ID-RP Zones are subject
to the standards specified in Table 58-2.
d. In the OPDH Zone, all signs for non-residential uses approved as part of a
planned development are subject to the standards specified in Table 58-2.
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Sign Regulations
B. Sign Standards for all Residential Zones, except the MU Zone
1. Permitted Signs:
a. Principal uses, other than Single-Family Uses and Two Family Uses, are
permitted one identification sign. The identification sign may be one of the
following types: facia, awning or monument sign. For Institutional Uses, the sign
may also include copy announcing its services or activities.
b. Single Family Uses and Two Family Uses are not allowed to install permanent
signs, except for one small identification building sign and one integral sign and
public flags, as specified in Table 58-1, below.
2. Sign Specifications and Provisions
All signs in Residential Zones, except the MU Zone, are subject to the standards
specified in Table 58-1.
ID-RS, RR-1, RS-5, RS-8, RS-12, RNC-12 4 sq. ft. Max. Height: Top of first
story.
Limited to identification
Facia Sign 1 only, except as allowed for
ID-RM, RM-12, RM-20, RNC-20, RNC-44, Institutional Uses.
PRM 12 sq. ft. Not allowed for Single
Family and Two Family
Uses.
Max. Height: 5 ft
Limited to identification
12 sq. ft. per sign face. only, except as allowed for
ID-RS, RR-1, RS-5, RS-8, RS-12, RNC-12 May be double-faced for a Institutional Uses.
10101 area of 24 sq.ft. Not allowed for Single
Family and Two Family
Monument Sign' Uses.
Max. Height: 5 ft
Limited to identification
ID-RM, RM-12, RM-20, RNC-20, RM-44, 24 sq. ft. per sign face, only, except as allowed lor
PRM May be double-faced for a Institutional Uses.
tot81 area of 48 sq.ft. Nol allowed for Single
Family and Two Family
Uses.
Max. Height: Top of first
story
ID-RS, RR-1, RS-5, RS-8, RS-12, RNC-12, Limited to identilication
Awning Sign' ID-RM, RM-12, RM-20, RNC-20, RM-44, 12 sq. ft. or 25% of awning only, except as allowed for
PRM surface, whichever is less Institutional Uses.
Not allowed for Single
Family and Two Family
Uses.
ID-RS, RR-1, RS-5, RS-8, RS-12, RNC-12, 2 sq. ft. per face
Directional signs ID-RM, RM-12, RM-20, RNC-20, RM-44, May be double-taced for
PRM total area of 4 sq. ft.
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14-5B
Sign RegulaNons
Small
identification sign
ID-RS, RR-1, RS-5, RS-8, RS-12, RNC-12,
ID-RM, RM-12, RM-20, RNC-20, RM-44,
PRM
2 sq. ft.
The sign must be a building
sign.
Up to one of these signs is
allowed per building
No permit is required.
Up to one of these signs is
allowed per building.
No permit is required.
ID-RS, RR-1, RS-5, RS-8, RS-12, RNC-12,
ID-RM, RM-12, RM-20, RNC-20, RM-44,
PRM
ID-RS, RR-1, RS-5, RS-8, RS-12, RNC-12,
ID-RM, RM-12, RM-20, RNC-20, RM-44,
PRM
1 Only one sign is permitted; one tacia sign, one awning sign, orone monument sign (See 14-5B-8A-1.b"above)
2 sq. ft
Integral sign
Public Flags
No permit is required,
C. Sign Standards in the CO-1, CN-1 and MU Zones
1. All signs in the CO-1, CN-1, and MU Zones are subject to the standards specified in
Table 5B-2.
2. Except for identification banners and monument signs, any number of signs may be
installed, provided the maximum sign area for each type of sign is not exceeded.
The number of identification banners and monument signs is limited according to the
provisions specified in Table 5B-2.
3. Signage for residential uses must comply with the requirements for residential uses in
the RM zones as stated in Table 5B-1.
Canopy Signs
8 sq. ft per sign
Top of first
story, except
as allowed
for parapet
signs
Top of first
story
Parapet signs are allowed, but only on one-story buildings.
Facia Signs
15% allowance per
sign wall
Identification
Banners
18 sq. ft per
banner
20ft
Up to two identification banner signs may be affixed to each parking area
light pole, provided that the following conditions are met:
. The parking area must contain at least 200 parking spaces and be
shared by multiple commercia! uses.
. The light poles on which banners are affixed must be spaced at least
80 feet apart.
. Each banner can J8 no more than 3 ft wide and 6 ft in height.
. The banner must be mounted or affixed so that the bottom edge of the
sign is at least 10 feet above grade and the top edge of the sign is no
higher than 20 feE,t above grade.
. The banner signs must be consistent in appearance and size.
The permit for the banner sign shall be valid for no more Ihan one (1) year.
However, the permit will be renewable if the banner signs are in good
condition or are replaced with new banner signs.
263
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14-5B
Sign Regulations
Monument signs
Awning signs
Window signs
Time &
Temperature
Signs
Barber Poles
Directional signs
Identification &
Integral signs
Flags
Quick Vehicle
Servicing Signs
Up to 2 sq. ft of
sign area per lineal
foot of lot frontage,
not to exceed 50
sq. ft. per sign face.
May be double-
faced for a total
area of 100 sq. ft.
per sign.
Two or more uses on a single lot may share a common monument sign.
The number of monument signs on a tot or tracf is limited as follows:
. For lots or tracts with less than 160 feet of frontage on a single street,
only one monument sign is permitted along that frontage.
. For lots or tracts with 160 to 300 feet of frontage along a single street.
up to 2 monument signs are permitted. The monument signs must be
at least 150 feet apart as measured along the frontage.
. For lots or tracts with frontage in excess of 300 ft along a single street,
up to 3 monuments signs are permitted, provided the signs are atleasl
150 ft apart as measured along the frontage.
. For lots or tracts wth frontage along more than one street, each
frontage is allowed signs based on the formulas slated above up to a
maximum of 5 signs. Any sign that is locafed within 25 feet of a corner
(at the point where property lines intersect) will count as two signs: one
toward the sign allowance for each frontage.
511
25% of awning
surface
25% of window
area
25 sq. ft. per sign
face
May be double-
faced for a total of
50 sq. II.
Top of first
story
Shall not project more than 6 ft. into public right of way.
Maximum diameter: 9 inches
Maximum length: 3 ft
3 sq. II. per sign
face
May be double-
faced for total area
of6 sq. II.
2 sq. ft.
Up to one of these signs is allowed per building.
No permit is required.
One private flag may be displayed in conjuncfion with public flags.
No permit is required
Allowed for Quick Vehicle Servicing Uses.
No permit is required.
D. Sign Standards in the CH-l, CC-2 and CI-l Zones
1. All sjgns in the CH-1, CC-2, and CI-1 Zones are subject to the standards specified in
Table 5B-3.
2. The total number of freestanding signs, freestanding wide-base signs and monument
signs on a lot or tract is limited as follows. Any combination of these three types of
signs is allowed within the stated limits.
a. For lots or tracts with less than 160 feet of frontage on a single street, only one
such sign is permitted along that frontage. Freestanding wide-based signs are
not permitted on lots or tracts with less than 160 feet of frontage.
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14-5B
Sign Regllllltions
b. For lots or tracts with 160 to 300 feet of frontage along a single street, up to 2
such signs are permitted, provided the signs are at least 150 feet apart as
measured along the frontage.
c. For lots or tracts with 301 to 600 feet of frontage along a single street, up to 3
such signs are permitted, provided the signs are at least 150 feet apart as
measured along the frontage.
d. For lots or tracts with frontage in excess of 600 feet along a single street, up to
3 such signs are permitted, provided the signs are at least 150 feet apart as
measured along the frontage. One additional monument sign is allowed,
provided the sign is at least 150 feet from any other monument, freestanding,
or freestanding wide-base sign.
e. For lots or tracts with frontage along more than one street, each frontage is
allowed signs based on the formulas stated in subparagraphs a. through d.,
above. However, a maximum of 5 such signs are allowed on anyone lot or
tract. Any sign that is located within 25 feet of a corner (the point where
property lines intersect) will count as two signs; one toward the sign allowance
for each frontage.
3. Other than for the types of signs listed in paragraph 2, above, any number of signs
may be installed, provided the maximum sign area for each type of sign is not
exceeded and the provisions specified in Table 5B-3 are met.
4. Signage for residential uses must comply with the requirements for residential uses in
the RM zones as stated in Table 5B-1.
15% allowance per sign wall
12 sq. ft. per sign Top of first story
Up to 2 sq. ft. per lineal fool
01 lot frontage, nol to exceed
125 sq. ft. per sign face. May
be double-faced for a total
area of 250 square feet.
Additional sign area is
allowed in Ihe CH-1 Zone as
follows. For property within
1,000 feet of an interstate
highway right-of-way, one of
Ihe property's allotted
freestanding signs is allowed
up to 250 sq. ft per sign face,
which may be double-faced
for a total area 01 500 sq. ft
Freestanding
signs
25leet,
however, in the
CH-1 District,
property within
1,000 feet of an
interstate
highway right of
way may have 1
freestanding
sign with a
maximum height
not to exceed 65
feet
When 2 cr more uses are located on a lot, a common
freestanding or monument sign may be installed. The maximum
area of the common sign may be 50% larger than Ihe area of
the maximum individual sign allowed.
The number of signs is limited according to paragraph 0.2.,
above.
265
City COllncil- Final Dra}!
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14-5B
.Sign Regulations
Freestanding,
Wide Base signs
Monument signs
Masonry Wall
Sign
Identification
Banners
Awning signs
Window signs
Directional signs
Drive-Through
Restaurant Menu
Signs
Time &
Temperature
Signs
Up to 2 sq. ft per lineal foot
of lot frontage, not to exceed
125 sq. ft. per sign face.
May be double-taced for a
total of 250 sq. ft.
Up to 2 sq. ft. per lineal foot
of lot frontage, not to exceed
50 sq. ft. per sign face. May
be double-faced for a total
area of 100 sq. ft.
Up to 1 sq. ft. per tineal fool
of lot frontage, not to exceed
50 sq. ft per sign.
In addition, the sign may not
exceed 15% of the total area
of the face of the masonry
wail.
18 sq. ft. per banner
25% of awning surtace
25% of window area
3 sq. ft. per sign face
May be double-faced for total
area of 6 sq. ft.
Area: 10 sq ft
25 sq. ft per sign face.
May be double-faced for a
26 ft.
5ft
1 ft. less than
the height of the
masonry wall,
not to exceed 12
feet
20ft
Top of first story
Maximum width: 10 ft.
When 2 or more uses are located on a lot. a common sign may
be installed. The maximum area of the common sign may be
50% larger than the area of the maximum individual sign
allowed.
The number of signs is limited according to paragraph 0.2.,
above. However, a freestanding, wide-based sign is only
allowed if the lot frontage is at least 160 feet, and the City
Engineer determines thai the location of the sign will not
obstruct the visibility of vehicles entering or exiling Ihe property
When 2 or more uses are located on a lot, a common
monumenl. or freestanding sign may be installed. The maximum
area of the common sign may be 50% larger than the area of
the maximum individual sign allowed.
The number of signs is limited according to paragraph 0.2.,
above.
One rnase-nry wall sign is allowed, in lieu of a monument.
freestandilg, or freestanding wide-base sign.
For shopping centers, up to two identification banner signs may
be aftixed to each parking area iight pole, provided that the
following conditions are mel:
. The parKing area must contain at least 200 parking
spaces and be shared by multiple commercial uses.
. The light poles on which banners are affixed must be
spaced at least 80 feet apart.
. Each banner can be no more than 3 ft wide and 6 ft in
height
. The banner must be mounted or affixed so that the bottom
edge of the sign is at least 10 feet above grade and the
top edge of the sign is no higher than 20 feet above
grade.
. The banner signs must be consistent in appearance and
size.
The permit for the banner sign shall be valid for no more than
one (1) year. However, the permit will be renewable if the
banner si~ns are in good condition or are replaced with new
banner si~ns.
Only allowed in Zones where drive-through facilities are allowed
for restaLrants.
Permitted only in the CC-2 zone.
Signs must not project more than 6 ft. into the public righl-of-
266
City Counci!- Final Draft
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14-5B
Sifjn Regulations
total area at 50 sq. ft.
way.
Barber Poles
Maximum diameter: 9 inches
Maximum length: 3 ft
Identification &
Integral signs
2 sq. ft.
Up to one at these signs is allowed per building.
No permit is required.
One private flag may be displayed in conjunction with public
flags.
No permit is required.
Flags
Quick Vehicle
Servicing Signs
Allowed tor Quick Vehicle Servicing Uses.
No permit is required.
E. Sign Standards in the CB-2, CB-5 and CB-10 Zones
1. All signs in the CB-2, CB-5 and CB-10 Zones are subject to the standards specified in
Table 5B-4.
2. Other than for monument signs, storefront projecting signs, and portable signs, any
number of signs may be installed, provided the maximum sign area for each type of
sign is not exceeded and the provisions specified in Table 5B-4 are met. The number
of monument signs, projecting signs, and portable signs is specified in Table 5B-4.
3. Signage for residential uses must comply with the requirements for residential uses in
the RM zones as stated in Table 5B-1.
Top of first story
Canopy roof signs
Storetronts up to 39 tt in
length: 15 sq. ft
Storefronts between 40
and 59 ft in length: 25
sq. ft.
Top of first story
Up 10 one canopy roof sign is allowed per storefront.
The bottom edge of the sign must be located no more
than 4 inches above the canopy.
For storefronts up to 39 ft. in length:
. Maximum height of copy: 13"
. Maximum thickness: 6"
For storefronts between 40 and 59 ft in length:
. Maximum height of copy: 20"
. Maximum thickness: 8"
For storefronts >60 ft in length:
. Maximum height of copy: 30"
. Maximum thickness: 10"
Storefronts >60 ft in
length: 35 sq. ft.
267
City Council - Final Draft
/2/08/05
14-5B
Sign Regulations
~Table' 58..4: Sign'Spe'dificalions'.and Provisions-in IheCB-2;'CB:S' ~h'(f CB,;fli:Zo"
,y~,_"J',": i"Vll,\;f);t >,)j.1'~~:;:-, A:'~, F,,,:,""~,Wil-,\',, :,,"_',,', ';' -', "',:',:' - ".C. ./:':"';. - ~,:_ ".'t~:tt,!:",:' '--')-'~',--Si'; i: -' :' --"",;,,~,ftl'~~, ;::~":1'~"_; /;:$3Ifi1f:::it)(f,;;_
..: Pe,r~i!!.~~:Siilhs'!'" ,;-, ~aXimum Sign'Area,' "MaxiJiiuni'~eiilhl:: ,,',::;;:r "j',:},. .
Monument sign
Awning signs
Window signs
Storefront projecting
sign
Portable sign
Time &
Temperature signs
Barber Poles
Directional signs
Identification &
Integral signs
Flags
Quick Vehicle
Servicing Signs
24 sq.lt. per sign face.
May be double-faced for a
total area of 48 sq. ft
Only one monument sign is aHowed per lot or tract.
When 2 or more uses are located on a lot, a common
monument sign may be installed. A common monument
sign may identify up to 4 uses per sign face.
5 ft.
25% of awning surface
25% of window area
Top of first story
Awning signs are only allowed if the business does not
have a projecting sign,
6 sq. ft.
May be double-faced for a
total area of 12 sq. ft.
Up to one projecting sign is allowed per storefront.
Projecting signs are not permitted if the business has an
awning sign, canopy sign or canopy roof sign.
The sign may not project more than 5 ft. from the
building wall,
The sign may not be illuminated,
The sign must be affixed to the building wall or to a pole
that is mounted on the building, so that the sign is
perpendicular to the building wall.
The sign may not swing or be easily moved by wind.
A business wishing to install a projecting sign must show
proof of liability insurance.
Sign permits are be subject to Design Review according
to the procedures specified in Chapter 8 of this Title.
Up 10 one non~illuminated portable sign is allowed per
storefront,
The sign must be placed on private property or within a
designated sidewalk. cafe area.
The sign may not block access to any doorway.
The sign must be moved inside the business when the
business is closed.
The sign must be weighted at the base to provide
stability as approved by the Building Official or designee.
A maximum of 2 sign faces are allowed per sign.
12ff.
6 sq. ft. per sign face.
May be double.faced for a
total area of 12 sq ff.
6ft
25 sq. ft. per sign face.
May be double-faced tor a
total area of 50 sq. ft.
Signs must not project more than 6 ft, into the pUblic
rigllt-of-way
Maximum diameter: 9 inches
Maximum length 3 It
3 sq. ft. persign face
May be double-faced for
total area of 6 sq, ft
Up to one of these signs is allowed per building.
No permit is required.
One private flag may be displayed in conjunction with
public flags.
No permit is required.
Mowed for Quick Vehicle Servicing Uses.
No permit is required.
2 sq. fl.
268
City Council - Final Drafi
12/08/05
14-5B
Sign Regulations
F. Sign Standards in the Industrial and Research Park Zones
1. All signs in the I-I, 1-2, RDP, and ORP Zones are subject to the standards specified in
Table 58-5.
2. The total number of freestanding signs and monument signs on a lot or tract is
limited as follows. Any combination of these types of signs is allowed within the
stated limits.
a. For lots or tracts with less than 160 feet of frontage on a single street, only one
such sign is permitted along that frontage.
b. For lots or tracts with frontage in excess of 160 feet of frontage along a single
street, up to 2 such signs are permitted, provided the signs are located at least
150 feet apart as measured along the frontage.
c. For lots or tracts with frontage along more than one street, each frontage is
allowed signs based on the formulas stated in subparagraphs a. and b., above.
3. Masonry wall signs are limited according to the provisions specified in Table 58-5.
4. Other than for the types of signs listed in paragraphs 2 and 3, above, any number of
signs may be installed, provided the maximum sign area for each type of sign is not
exceeded and the provisions specified in Table 58-5 are met.
Awning signs
Must nol exceed 25% of awning
surface or 12 sq. ft. per sign,
whichever is less.
Canopy Signs
12 sq. ft. per sign
Facia signs
15% of sign wall area
Freestanding signs
1 sq. ft. per lineal foot of lot frontage,
not to exceed 50 sq. ft.
May be double-faced for a total of 100
sq. ft.
Monument signs
Up to 2 sq. ft. per lineal foot of lot
frontage, not to exceed<lG 75 sq. It.
per sign face.
May be double-faced for a total area of
150 sq. ft.
Masonry Wall Signs
Up to 2 sq. ft. per lineal foot 01 lot
frontage, nof to exceed 75 sq. ft. per
sign face.
May be double-faced for a lotal area of
150 sq. ft.
In addition, the sign may not exceed
15% 01 the total area 01 the face of the
masonry wall.
25% of window area
Window signs
Height. Top of
first story
Height: Top of
first story
Height: 25 ft.
5 ft.
1 ft.less than
Ihe height of
the masonry
wall
269
When 2 or more uses are located on a lot, a common
sign may be installed. The maximum area of the
common sign may be 50% larger than the area of the
maximum individual sign allowed,
The number of signs is limited according to paragraph
8.2., above.
Freestanding signs are limited to identification only.
When 2 or more uses are located on a lot, a common
sign may be installed. The maximum area of the
common sign may be 50% larger than the area of the
maximum individual sign allowed.
Monument signs are limited to identification only.
i At each entranceway, up to 2 masonry wall signs may be
established, if no freestanding, monument or other non-
building signs are located at that entranceway,
In the ORP zone, masonry wall signs up to twelve (12)
feet in height may be established in the required front
setback provided the signs are located a minimum of
twenty (20) feet back from street right-aI-way lines.
City Counci/- Final Draft
J 2/08/05
14-5B
Sign Regulations
Directional signs
3 sq. ft. per sign face
May be double-faced for total area of 6
sq. ft
identification &
Integral signs
2 sq. ft
Up to one of these signs is allowed per bUilding.
No permit is required.
One private flag may be displayed in conjunction with
publIC flags.
No permit is required.
Flags
14-58-9 Non-Permanent, Off-Premise, and Other S ecial Si ns
A. In addition to the signage permitted in each zone, as described in Section 8, above, the
following signs may be installed in any zone according to the specifications and provisions
contained in Table 5B-6. These signs shall not be applied toward the maximum sign area
specified in Section 8, except as otherwise indicated in the Table 5B-6.
B. Banners are not permitted, except as allowed for Special Event Signs and Going Out of
Business Signs, as specified in Table 5B-6.
!,!;~~1~i~!lI6,i3;~.!!j~';>p,~~in~~.!ip.~)l;a.hd .~rgx.l~lQ'MifflrN6.iiff4,lrri\~[1~r.!,iQ.~;'~'~.roi~~;inl~.lla!h~X'$J?~<1j~'I~j~~,S,l!',,"llill~
i;P~rmi.q~~igQII~! '{f}i::~i,;'M~~trhmil~~i99:,~t~~:<:'.,,:,:'hl; '/M,,*f\l1V\l1:~~lgh.tt:\( :;:,'ii:';}~.f~~,j;,:~~%;~$~'j;:~~1~~t:tfr9Yl~i~n:~}~t:f':{~~L'.f;~1fT{~::~;~7~~~~i,
t\o permit required.
In Residential Zones: Must not be illuminated.
Area: 32 sq ft. per face 5ft Must be removed prior to issuance of the certificate of
Construction signs May be double faced for a In Non-Residential occupancy.
total of 64 sq. ft. Zones: 10 ft. Can be located closer than 5 ft to a property iine if located
on the wall of a building, fence or protective barricade
surrounding Ihe construction.
No permit is required.
One non-illuminated monument sign per development of 2
Real Estate 32 sq. ft. per face acres or more
10ft Shall be removed sale or lease of 50% of lots or units
Development May be double faced for a upon
signs total of 64 sq ft. ill the development.
These signs shall not be considered off-premises signs,
provided they are located on land that is part of the subject
wbdivision or development.
In Residential Zones: 4 sq. ft.; No permit is required.
May be double-faced for a In Residential Zones: One non-illuminated sign is permitted perla!
Real Estate signs total area of 8 sq. It. 5ft Signs placed on a fence or the wall of a building are not
In Non-residential Zones: 32 In Non-Residential subject 10 the setback requirement.
sq. ft.; May be double-faced Zones: 10ft. Must be removed within 48 hours after the sale of the
for a total area of 64 sq ft. property.
No permit is required.
Signs in windows -- -- Posters and other non-permanent signs in windows are
allowed.
-
270
City Council- Final Draft
, 2/08/05
14-5B
Sign Regulations
;iJ~_!!'l~.;liJil,,~:.:~.ig~;~pe.si!lci!.tl!!!l.s,~nd;P(Cl1!isiCln.s' for '!'l,on:r,.!'I!T)~neQ!""9tf-~,~J:r!i!1.e.,l!f!d.,Q
:~;r~tm!~~!:f~~!iiQ,~~f}~'; Y;f:!t~~:,M#lmui1r~;i9rl,"Ar.~~~::L:;:;::W;1(!~";:::M~,irrib)r~.~e!~bHt;~; ,;l~:<,:,L~)~~:~~)R,,:, '~<~It~mi;j'
One non-illuminated sign per lot is allowed,
Special events sign restricted to 4 times in 12 month period
Special Events 100 sq ft. and single duration at 30 days
Way include banners, but not any sign prohibited by Section
6 of thIS Article. Prohibited Signs.
Going.Out,of.
Business signs
Temporary signs
Developmenf
signs
Billboards and
Of her Off.
Premises Signs
100 sq. ft.
12 sq. ft. per face
May be double-faced for total
of24 sq. ft.
In ID and Residenfial Zones
32 sq. ft. per sign face; May be
double-faced for a total of 64
sq ft.
In all other Zones Nof to
exceed the maximum sign
area for fhe subject sign type
as specified in the applicable
lone,
Not to exceed the maximum
sign area for the subject sign
type as specified in the
applicable zone and will be
deducted from the maximum
sign allowance for the subject
property.
Billboards: 72 sq. ft. May be
double.faced for a total area of
144 sq. ft.
Height. 10ft
In ID and Residenfial
Zones: 5ft
In all other Zones:
Not to exceed Ihe
maximum height for
the subject sign type
as specified in the
applicable lone.
Not to exceed the
maximum sign height
for the subject sign
type as specified in
the applicable lone.
Billboards: 25 ft
Must not be illuminated,
May be displayed for up 10 60 days;
Restricted 10 once in a 12-month period for single business.
May include banners. bul not any sign prohibiled by Section
6 of this Article. Prohibited Signs.
No permit is required.
One non-illuminated sign per lot is allowed.
Signs shall not be displayed for more than 60 days.
In ID and in Residential Zones, one monument sign is
allowed at each street entrance to a subdivision.
In all other Zones, one freestanding or monument sign is
allowed at each street entrance to a subdivision.
Off-Premises signs are not permitted in Residential, CO-1,
eN. 1 , CB-5, CB-10, ORP and RDP Zones.
May take the form of any fype of sign allowed in the zone in
which the sign is located and must comply with all other
provisions specified for the subject lone.
Only one off.premises sign is allowed per lot or tract.
Two or more uses may install a common off-premises
directional sign.
No off-premises sign shall be located within 300 fI, of
another off-premises sign.
No off.premises sign shall be located within 120 ft. of a
Residential Zone, Parks and Open Space Use, Educational
Facility, Religious/Private Group Assembly Use, public
museum or government administrative or judicial office.
Billboard signs shall not apply toward maximum sign
allowance for the lot or tract.
14-58-10 Privatel -Owned Si ns in Public Places
A. Purpose
In order to promote the health, safety and general welfare of the population, no privately-
owned signs shall be placed on or over a public place, as defined in Article 14-9C, except
as permitted by the City Code,
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14-5B
Sign Regulations
B. Removal
Existing privately-owned signs currently located on or over a public place that are not in
compliance with the City Code shall be eliminated and removed. If the sign Owner fails to
remove the sign after so ordered by the City, the City may remove the sign and assess the
costs against the sign owner.
C. Special Provisions
1. Signs associated with parades, marches, public entertainment, public demonstrations,
or the commercial use of sidewalks that are located on or over a public place are
subject to the provisions of Title 10, Chapters 1, 2, and 3 of the City Code. Any signs
located on or over the City Plaza are subject to the provisions of Title 10, Chapter 5
of the City Code.
2. The City Manager or designee may approve and execute applications on the City's
behalf for the placement of privately-owned signs on or over a public place upon
finding that the signs:
a. Provide information and guidance to locations of general public interest; and
b. Will not create a hazard to movement along or within a public place, restrict
access to a public place, or interfere with the convenience and tranquility of the
area adjacent to a public place.
272
City Council - Final Draft
12/08/05
14-5C
Access Management Standards
Article C. Access Management Standards
14-5C-1 Purpose
The purpose of this Article is to ensure safe and adequate access to the public street network
by establishing standards to control the location and number of access points, separate and
control intersection conflict areas, remove turning vehicles from through-travel lanes when
appropriate, provide adequate spacing between driveways, and minimize impervious driveway
surface in the parkway portion of the public right-of-way. These standards help to ensure that
the City's street network is designed to balance the functions of access to adjoining property,
pedestrian circulation, and vehicular traffic circulation.
14-5C-2 Applicability and Rules of Interpretation
A. It is unlawful for any person to cut, break, or remove any curb along a street except in
compliance with the requirements of this Article.
B. No building permit will be issued and no site plan or subdivision will be approved unless
the proposed development is in compliance with the requirements of this Article.
C. Every residential and nonresidential property will be permitted at least one means of
vehicular access to a public street. However, direct driveway access to a public street may
not be permitted in all instances. Use of alleys, private rear lanes, backage roads, and
cross-access easements may be required as alternatives to direct street access.
D. The specifications, design, and construction of all curb cuts, access drives and sidewalks
must comply with the Iowa City Municipal Design Standards (MDS), as amended. In cases
where the provisions of the MDS conflict with the provisions of this Article, the provisions
of this Article shall govern.
E. Arterial streets, as referenced in this Article, are those streets shown on the Iowa City
Arterial Street Map in Figure 5C.l, below, and include future arterial streets as shown on
the map.
14-5C-3 Permit Required
A. Except as otherwise specified in subsections B through D, below, an access permit must be
obtained prior to cutting, breaking, or removing any curb. Procedures for obtaining an
access permit are specified in Chapter 8 of this Title, Review and Approval Procedures.
B. An access permit is always required for access to an arterial street, unless the specific
access point has already been approved through the site plan review process.
C. For local and collector streets, if access locations are specified and approved as a part of a
subdivision or site plan review process, separate access permits are not required upon
development of the individual lots within the subdivision. However, an access permit is
required if the request for an access point is other than what was approved through the
site plan review or the subdivision process or if access was not addressed through the
subdivision or site plan review process.
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D. For access to a state highway, an access permit must be approved by the Iowa
Department of Transportation (100D, with a recommendation from the City. A
recommendation from the City is required prior to filing an application with the lOOT.
However, a separate City access permit is not required.
E. A Certificate of Appropriateness issued by the Historic Preservation Commission is required
for any new access to property designated as an Iowa City Landmark or property located
in a Historic District.
14-SC-4 Driveway Spacin Standards
A. Driveway Spacing from Street Intersections
On corner lots, driveways must be constructed as far away from the intersection as
possible while maintaining the driveway spacing standards specified in subsection B,
below. In addition to this general standard, the following standards apply, based on the
functional classification of the street.
1. Along local streets and collector streets there must be a minimum of twenty (20) feet
between the end of a radius of a street intersection and the beginning of a driveway
curb cut as measured at the curb line, except as required in the paragraph 2, below.
2. Along collector streets, where they intersect with arterial streets, there must be a
minimum of 50 feet between the end of a radius of a street intersection and the
beginning of a driveway curb cut as measured at the curb line.
3. Along arterial streets there must be a minimum of 150 feet between the end of a
radius of a street intersection and the beginning of a driveway curb cut as measured
at the curb line.
4. Additional distance between the radius of a street intersection and the beginning of a
driveway curb cut may be required by the City where deemed necessary due to high
traffic volumes or other safety concerns.
5. The City may adjust the driveway spacing standards, so that driveways line up with
existing driveways across the street.
B. Minimum Spacing Between Driveways
1. Along arterial streets there must be at least 50 feet between curb cuts, measured at
the curb line. No portion of a driveway may be constructed within 25 feet of a side
property line extended, except when a common driveway agreement has been
reached with an adjacent property owner and is of record.
2. Along local and collector streets, there must be at least 6 feet between curb cuts,
measured at the curb line. No portion of a driveway may be constructed closer than 3
feet to a side property line extended, except when a common driveway agreement
has been reached with an adjacent property owner and is of record.
C. Modifications to Driveway Spacing Standards
If it can be demonstrated that there is practical difficulty meeting a driveway spacing
standard contained in this Section due to topographical limitations, natural features of the
site, or other circumstances peculiar to the property in question, a property owner may
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request a modification or waiver of said standard according to the applicable approval
criteria for a Minor Modification as set forth in Article 14-4B.
14-5C-5 Location and Dimensional Standards for Driveways
The following location and dimensional standards for access points provide the opportunity for
access to streets while setting limits on the number of curb cuts permitted and the width of
driveways. Maximums are intended as an upper limit on the number and dimensions of
driveways and should not be construed as minimum requirements. In many cases, fewer and
narrower driveways may be desirable to reduce interruption of the City's street and sidewalk
system, to preserve opportunities for on-street parking, and to reduce impervious surface and
stormwater run-off.
A. Household Living Uses, except Multi-Family Uses
1. Group Households
Group Households must comply with the access regulations that pertain to the type
of dwelling in which the Group Household is located. For example, a Group
Household located in a Two Family Use must comply with the access regulations for
Two Family Uses.
2. Number of Access Points Allowed
a. For Detached Single Family Dwellings and Detached Zero Lot Line Dwellings, a
maximum of two access points may be approved per property, regardless of
whether it is a single frontage, double frontage, or corner lot. For lots with less
than 50 feet of frontage, only one access point is allowed.
b. For Attached Single Family Dwellings and Two Family Uses, a maximum of one
access point per dwelling unit will be allowed, regardless of whether it is a single
frontage, double frontage, or corner lot.
3. Access Based on Street Classification
Direct lot access to City streets is allowed according to the following rules. Single
Family and Two Family Uses must also comply with the Single Family Site
Development Standards as set forth in Section 14-2A-6 and/or according to any
applicable provisions of the Single Family Density Bonus Options set forth in Section
14-2A-7.
a. If two access points are approved for a single lot, the primary access drive must
be from the lower classified street.
b. Where a lot is adjacent to a paved alley or paved private rear lane, primary
access must be from the alley or private rear lane, unless due to topographical
limitations or other unique circumstances such access is not feasible.
c. For properties without feasible access to a paved alley or paved private rear
lane, the primary access may be located along a local or collector street. For
lots with frontage along more than one street, primary access must be located
along the lower classified street.
d. Direct lot access to an arterial street may be requested when access to a paved
alley, private rear lane, local street, or collector street is not feasible due to
inadequate frontage, topographical limitations or other unique circumstances.
When land is being subdivided or resubdivided into lots intended for Single
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Family or Two Family Uses, individual lot access to arterial streets is
discouraged. The City, at its discretion, may deny a request for a subdivision
design that would necessitate individual lot access for Single Family and Two
Family Uses to an arterial street. Requests for direct lot access to an arterial
street are subject to the provisions of Section 6 of this Article, Arterial Street
Access Requirements.
e. For Two Family Uses and Attached Single Family Dwellings in the RS-S and RS-8
Zone, if access to a paved alley or private rear lane is not feasible, the garage
entrance and access drive for a dwelling unit must be oriented towards the
same street as that dwelling unit's main entrance.
4. Narrow Lots
Additional access restrictions may apply to lots less than 60 feet in width. See the
Single Family Site Development Standards contained in Article 14-2A, Single Family
Residential Zones.
S. Shared Driveways
Dwellings may share drives and aisles provided that a shared access easement is
secured from the owners of each property sharing the drive or aisle. The easement
must be recorded and proof of such recording must be submitted prior to issuance of
an access permit.
6. Dimensional Standards
a. For alley or rear lane access, the driveway is allowed to be as wide as necessary
to provide access to the garage or parking space(s).
b. For properties with a single access point, the maximum driveway width is 24
feet measured at the property line and 30 feet measured at the curb line.
c. If two access points are approved on a single frontage lot, the maximum
dimension for each driveway is 12 feet measured at the property line and 18
feet measured at the curb line.
d. For Single Family Uses, if two access points are approved, one from an alley or
private rear lane, and one from a street, the primary access drive must be from
the alley or private rear lane. In such a case, the maximum driveway width for
the secondary driveway from the street is 12 feet measured at the property line
and 18 feet measured at the curb line. The access drive from the alley or rear
lane is allowed to be as wide as necessary to provide access to the garage or
parking space(s).
e. For Single Family Uses, if two access points are approved on a double frontage
or corner lot, one on each frontage, maximum driveway width for the primary
driveway is 24 feet measured at the property line and 30 feet measured at the
curb line. The maximum driveway width for the secondary driveway is 12 feet
measured at the property line and 18 feet measured at the curb line.
f. For Two Family Uses, if two access points are approved, one from an alley or
private rear lane, and one from a street, the maximum driveway width for the
driveway from the street is 20 feet at the property line and 26 feet at the curb
line. The access drive from the alley or rear lane is allowed to be as wide as
necessary to provide access to the garage or parking space(s).
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g. For Two Family Uses, if two access point are approved on a double frontage or
corner lot, one on each frontage, the maximum driveway width for each
driveway is 20 feet at the property line and 26 feet at the curb line.
h. The maximum width for shared driveways is 24 feet measured at the property
line and 30 feet measured at the curb line.
i. Additional driveway width restrictions may apply to lots narrower than 60 feet
(See Single Family Site Development Standards contained in Article 14-2A).
j. In all cases, at least 50 percent of the area within the front building setback
must remain open space free of impervious surface. Drives may not be
constructed such that this limit is exceeded, except when a special exception is
granted by the Board of Adjustment according to the applicable approval criteria
as stated in the base zone. .
B. Multi-Family Uses and Group Living Uses
1. Group Households
Group Households located within Multi-Family Uses are subject to the standards of
this subsection.
2. Determining the Number and Location of Access Points
a. The City will grant direct lot access to local or collector streets based on the size
of the residential development, anticipated traffic, the location, the surrounding
land uses, and the availability of cross access easements, or alley or private rear
lane access. Based on these factors, the City will determine the number and
location of access points.
b. Direct lot access to arterial streets may be requested if access to an alley,
private rear lane, local street, or collector street is not feasible and if access is
not feasible by means of a cross access easement. Requests for direct lot
access to an arterial street are subject to the provisions of Section 6 of this
Article, Arterial Street Access Requirements.
c. No more than two driveways will be allowed on any single frontage property. No
more than three driveways will be allowed on any double-frontage/corner lot,
with a maximum of two driveways permitted along anyone street.
3. Driveway Dimensional Standards
The City will determine driveway specifications, including width and configuration of
lanes, for Multi-Family and Group Living Uses based on the size of the development,
the anticipated traffic generated by the use, the location, the surrounding land uses,
and the functional classification of the street to which the driveway provides access.
Driveway widths may not exceed 24 feet measured at the property line and 32 feet at
the curb line, except as required by the City for high traffic volume situations.
C. Non-Residential Uses
1. Determining the Number and Location of Access Points
a. The City will grant direct lot access to local or collector streets that are non-
residential in nature, provided traffic circulation and/or public safety will not be
compromised. The City will determine the number, location, and design of the
access based on the size and location of the nonresidential development, the
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A ccess Management Standards
type of use, the anticipated traffic and safety issues, and the surrounding land
uses.
b. When a site is being developed or redeveloped for nonresidential uses, existing
access points along local or collector streets may be retained in most instances.
However, the City may require that an access point be moved or combined with
another access point in order to prevent public safety or traffic circulation
problems that might reasonably be expected to occur due to the development or
redevelopment of the site.
c. Institutional Uses that are allowed in residential zones may be permitted access
to residential local and collector streets, provided such access does not conflict
with the approval criteria for provisional and special exception uses contained in
Article 14-46.
d. Direct lot access to arterial streets may be requested if access to a local or
collector street is not feasible and if access is not feasible by means of a cross
access easement. Requests for direct lot access to an arterial street are subject
to the provisions of Section 6 of this Chapter, Arterial Street Access
Requirements.
e. No more than two driveways will be allowed on any single frontage property. No
more than three driveways will be allowed on any double-frontage/corner lot,
with a maximum of two driveways permitted along anyone street.
2. Driveway Dimensional Standards
a. The City will determine driveway specifications, including width and
configuration of lanes, for non-residential uses based on the size of the
nonresidential development, the anticipated traffic generated by the use, the
location, the surrounding land uses, and the functional classification of the
street to which the driveway provides access.
b. Driveway widths may not exceed 34 feet measured at the property line and 42
feet at the curb line, except as required by the City for high traffic volume
situations and for commercial and industrial properties that need to
accommodate large truck traffic. The Iowa City Municipal Design Standards, as
amended, describe and illustrate Type A, S, and C driveways that are intended
for these situations.
14-5C-6 Arterial Street Access Requirements
A. Direct lot access to an arterial street (See Figure SC.1, below) will only be granted upon
presentation by the applicant of convincing evidence that an alternative means of access is
not feasible from an intersecting local or collector street or through means of a cross
access easement.
B. The City will approve or deny a request for direct lot access to an arterial street based on
whether an alternative means of access is available, the size and nature of the proposed
development, the anticipated amount of traffic that will be generated by the development,
the capacity of the surrounding streets, and the character of surrounding land uses. At the
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Access Management Standards
discretion of the City, a traffic study may be required as described in subsection C, below,
for any request for access to an arterial street.
C. When an applicant makes a request for driveway access from any use to an arterial street,
either as part of an access permit application or an application for a new subdivision, the
City may require the applicant to conduct and submit a traffic study. The City will
determine the scope of the traffic study. The traffic study must provide accurate and
convincing evidence justifying the need for the proposed access point and also determine
whether additional traffic control improvements are necessary for safe access. These
improvements may include, but are not limited to the following:
1. Right turn lanes;
2. Left turn lanes, including two-way left turn lanes;
3. Opening or closing a median;
4. Cross-access roads or driveways;
5. Installation or modification of traffic signals, or other traffic control devices;
6. Widening or narrowing driveways and improving on-site vehicle storage areas;
7. Consolidating or closing existing driveways;
8. Relocating or re-orienting access to provide better sight distance;
9. Redesigning internal road and parking layout;
10. Modifications to on-street parking or off-street parking.
D. If the City determines that a cross-access easement, road or driveway is required as a
condition of approval, the development must adhere to the standards for cross access
easements outlined in Section 7, below.
E. In addition to any traffic control improvements required based on the traffic study, the
driveway spacing, location, and dimensional standards contained in this Article must be
met.
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Access Management Standards
figure 5Cl - Iowa City Arterial Street System
IOWA CITY ARTERIAL STREETS
November 2004
,
,
RO^D
COORTST
.......
~ i{
J tt..
;,
- - - - - Future Arterial Streets
.
';'C-^~QR{'ST:_.J ~
.
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14-5C-7 Cross-Access Easements
A. Purpose.
Cross-access easements provide the opportunity to minimize the number of access points
along an arterial street in order to maximize the traffic carrying capacity of the street and
improve the overall safety of the transportation corridor.
B. Applicability and Rules of Interpretation
1. If a property with frontage along an arterial street is proposed to be subdivided,
developed or redeveloped for any Multi-Family, Group Living, Commercial, or
Industrial Use, a cross-access easement must be provided by the property owner to
all adjoining properties that front on the same arterial street that are or may be
developed as Multi-Family, Group Living, Commercial, or Industrial Uses.
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2. The City may waive the requirement for a cross-access easement in cases where
unusual topography, existing buildings, utility substations or other unique conditions
would render such an easement functionally unusable. The City may also waive
cross-access easement requirements between properties that contain dissimilar uses,
such as between residential uses and commercial or industrial uses.
3. The City may approve the vacation of cross-access easements in those cases where
the adjoining parcels are subsequently developed with a dissimilar use such as a
single family dwelling or duplex, multi-family dwellings adjacent to commercial uses,
or other similar situation.
C. Requirements
1. The cross access easement must be at least 24 feet in width, unless a narrower width
is approved by the City due to topography, existing buildings, or other site conditions.
2. The drive or lane constructed in the cross-access easement must be at least 20 feet
wide, unless a greater width is required due to fire apparatus access drive
requirements or driveway width requirements contained in Article 14-5A, Off-Street
Parking and Loading Standards.
3. The cross-access drive must meet any other applicable standards for access drives
contained in Article 14-5A, Off-Street Parking and Loading Standards.
4. Cross-access easements should function as rear service lanes or as traffic circulation
drives between parking areas of adjacent properties. See Figures 5C.2 and 5C.3,
below.
Figure SC.2 - Rear service lane as a cross access easement
,.-.-.,.-.--.r.--.l
I I I )
"'T--- "'-T-- "'---r-- EDJ~:::::;
IDIDlvl~
. . . I g
I I I . ~
L__-1___L__J 8
ARTERIAl6TREET
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Access Management Standards
Figure SC.3 - Cross access on a site with shared traffic circulation and parking.
r.--i.--i--._.l
~ + ~ ._mn_
'-rno'!f D-IT[~fr!
I OCIJ .nt--- ----j--~ [IE I g
~
L__--1__--.-l___J 8
ARTERIAL STREET
5. Permanent structures that would interfere with the proposed access are not
permitted within the easement. Improvements such as medians and parking islands
may be constructed within a cross-access easement if it can be demonstrated that
adequate circulation and cross-access will be accomplished.
6. The property owner is responsible for properly maintaining the cross-access
easement.
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I4-5D
Intersection Visibility Standards
Article D. Intersection Visibility Standards
14-50-1 Purpose
The Intersection Visibility Standards establish triangular areas on corner lots, referred to herein
as Vision Triangles, within which the placement of buildings, fences, hedges, walls, and other
structures is restricted in order to maintain clear lines of sight at street intersections for the
purposes of traffic and pedestrian safety.
14-50-2 Applicability
Lots located at the corner of any street intersection must comply with the requirements of this
Article.
14-50-3 Vision Trian les
The dimensions of vision triangles are determined as follows (See also Figure 5D.1, below).
A. At the intersection of two local streets, a local street with a collector street, or two
collector streets, the legs of the vision triangle will be 30 feet in length, as measured along
the curbline from the point where the curbs of the two streets intersect. In the absence of
a curb, the legs of the triangle will be 30 feet in length, as measured along the edge of the
street pavement from the point where the pavement of the two streets intersect.
B. At the intersection of two arterial streets, the legs of the triangle will be 30 feet in length,
as measured along the right-of-way line from the point the right-of-way lines of the two
streets intersect.
C. At the intersection of a local street with an arterial or at the intersection of a collector
street with an arterial, the local or collector leg of the triangle will be 30 feet in length, as
measured along the curbline from the point where the curbs of the streets intersect. The
arterial leg of the triangle will be 30 feet in length, as measured along the right-of-way line
from the point the right-of-way lines of the two streets intersect.
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Intersection Visibility Standards
Figure 50. 1 - Vision Triangles at the intersections of various street types
LOCALor COLLECTOR
30'
30'
CURB
LOCAL or
COLLECTOR
~
R.OW.
ARTERIAL
30'
30'
ARTERIAL
,
__.1.____
,
,
,
,
:
14-50-4 Standards Within Vision Trian les
A. Prohibited Obstructions.
The following obstructions are prohibited within vision triangles:
1. Hedges and walls higher than 2 feet above the curb level;
2. Fences higher than 2 feet above the curb level. However, fences that are of a type
that is less than 20 percent solid, such as split rail, open weave, or wrought iron are
permitted within the vision triangle, provided that such fences are kept free from
plantings and other materials that are more than 2 feet in height. Solidity is the
percent of the fence over a random area that is made up of solid, opaque material
that does not allow light or air to pass through.
3. Signs, except as specifically exempted in subsection B, below.
4. Structures of any type, including principal and accessory buildings, except as
exempted in subsection B, below;
5. Items of outdoor display or storage, including ornamental features, such as
fountains, statues, garden structures and similar features.
6. Parking and vehicular display areas.
B. Exemptions
The following structures are exempt from the provisions of this Article.
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Intersection Visibility Standards
1. Structures, including signs, in the CB-2, CB-5 and CB-10 Zones.
2. After review by the City, buildings on lots at intersections where both streets are
signalized. The City will approve or deny a request to construct a building within the
vision triangle based on such factors as street right-of-way width, speed and volume
of traffic through the intersection, and the number of turning movements.
3. Utility and street light poles.
4. Traffic control equipment, including control boxes, traffic signs, and structures that
support traffic signals.
5. Building signs located on buildings that are exempt from the vision triangle
requirements as specified in paragraphs 1 and 2, above.
6. A sign established according to Article 14-5B, Sign Regulations, provided the bottom
edge of the sign and any supporting structure is at least 8 feet above the adjacent
curb level, so that visual clearance is maintained within the vision triangle. Poles and
supporting structures for signs are prohibited within the vision triangle.
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14-5E
Landscaping and Tree Standards
Article E. Landscaping and Tree Standards
14-SE-l Purpose
The intent of this Article is to encourage the retention of existing trees and to provide for the
planting of new trees along streets, on two-family, multi-family and group living residential
properties, and to provide planting and maintenance standards for required trees and
landscaping. Trees and landscaping provide shade, reduce heat island effects in paved areas,
improve the appearance of Iowa City streets and create attractive and functional living
environments that will protect and enhance property values.
Standards for screening and buffering are contained in Article 14-SF, Screening and Buffering
Standards.
14-SE-2 Application of Provisions
A. Applicability
No building permit shall be issued for the construction, reconstruction or structural
alteration of a building nor shall any use be established or converted nor shall a certificate
of occupancy be granted for a use without conformity with the provisions of the tree
regulations, unless specifically exempted.
B. Exemptions
The following are exempt from the requirements of this Article:
1. Any individual lot occupied by a Detached Single Family Dwelling or a Detached Zero
Lot Line Dwelling, including Group Households, if located within such a dwelling.
2. Property in the ID and CB-lO zones.
3. In Commercial Zones, property developed in accordance with the setback
requirements of the base zone in such a manner that insufficient area is available to
achieve compliance with the street tree requirements; however, all trees that can be
provided in compliance with the street tree requirements must be provided.
14-SE-3 General Re uirements and Measurements
A. Permitted Species
The List of Recommended Trees for Iowa City, as established by the City Forester,
specifies the varieties of trees permitted for the uses indicated by this Article. References
to "large" or "small" trees herein refer to the mature heights of the trees as indicated in
said List. .
B. Landscape Plans Required
When the provisions of this Article are applicable, a landscaping plan must be submitted
that illustrates and lists the following information:
1. The size and location of required planting areas;
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Landscaping and Tree Standards
2. The mature height (small or large) of both proposed trees and trees that will be
preserved;
3. The species of trees (both preserved and proposed);
4. The location of the preserved and proposed trees;
5. The location of any existing trees within the right-of-way.
C. Measurements
1. When measuring to determine the location or spacing of required trees or shrubs, the
distance is measured to the center of the tree or shrub.
2. Where fractional numbers of trees result from calculations, the number of trees
required will be rounded to the closest whole number.
14-5E-4 Tree Plantin Requirements
A. Plantings Required Prior to Occupancy
1. All plantings required by this Article must be installed prior to occupancy or
commencement of a use, except as allowed in paragraph 2, below.
2. If the plantings cannot be installed prior to occupancy or commencement of a use
due to seasonal conditions that may reduce survivability, the Building Official may
issue a temporary certificate of occupancy and grant a delay of installation until the
seasonal calendar dates of June 1 or November 1, whichever occurs first, and the
property owner must place in an escrow account, established with the City, an
amount which will cover one hundred and ten (110%) percent of the estimated cost
of plants and installation.
B. Planting Sizes
1. Deciduous Trees. At the time of planting deciduous trees must have a single stem
and have a minimum trunk diameter of 1.5 inches measured at a point 6 inches
above ground level or above the top of burlap wrapping. It must demonstrate the
growth capabilities, branching formation and crown balance that are indigenous to
the particular variety. The tree must be straight of trunk with the main leader intact
and must be healthy and free of disease and pests.
2. Coniferous Trees. At the time of planting, coniferous trees must have a minimum
height of 3 feet measured from the planted level to the top of the tree. The needle
color and branching habits must be normal for the species, and the overall
appearance must be indicative of previous care in pruning and development. The tree
must be healthy and free of disease and pests.
C. Siting Requirements
1. Trees must be located in a manner that, at maturity, will avoid interference with the
construction, maintenance and operation of publiC and private utilities and services
above or below ground.
2. The minimum planting area required for large trees is 256 square feet. The minimum
planting area required for small trees is 120 square feet.
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Landscaping and Tree Standards
3. At the time of planting, trees and plantings must be separated from other structures
and features on a site in order to minimize conflicts as plants mature. Table 5E-l
specifies the minimum spacing between plantings and various features of a site.
However, the minimum distances between trees, between trees and shrubs, and
between shrubs may be reduced by 25 percent to permit design flexibility or to
create denser screening where desired.
4
3
See 14-5F2
2
3'
2'
1 The minimum distance between plantings and sidewalks or pavement also applies to the anticipated location of
a future sidewalk or paved surface.
2 See spacing requirements listed in Artlcie 14-5F, Screening and Buffering Standards.
14-SE-S Protection and Maintenance
A. The provisions of this section apply to all plantings required by this Title, whether newly
planted or preserved.
B. Required planting areas must be separated from abutting vehicular use areas, including
parking spaces, drives, aisles, alleys, vehicle display and loading areas, etc., by an
unmountable curb or barrier that is a minimum of five inches in height. The curb or barrier
must be constructed in such a manner that saltwater run-off will not damage the tree or
plantings.
C. The property owner must keep all trees properly maintained, pruned as needed, and free
from trash and litter. It is the responsibility of the property owner to maintain and replace
trees and plantings required by this Title. Required landscaping must be continuously
maintained in a healthy manner. Plants that die must be replaced. Improper maintenance,
pruning, or removal of plantings may be subject to municipal infraction proceedings, up to
and including environmental infraction proceedings. Any preserved tree that has been
improperly maintained, pruned, or removed may be required to be replaced by the same
number of trees for which it substituted.
D. Any trees that overhang the public right-of-way must be maintained in accordance with
the provisions of Title 10, Chapter 8 of the City Code, Trees and Plant Materials.
E. Maintenance of trees within street rights-of-way will be the responsibility of the City.
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Landscaping and Tree Standards
14-SE-6 Preservation of Existin Trees
A. Existing trees may be used to comply with the requirements of Section 7, Street Trees,
Section 8, Tree Requirements for Residential Uses, and to meet the tree requirements for
parking areas contained in Article 14-SA, Off-Street Parking and Loading Standards.
Existing trees used to satisfy these requirements must be in good health prior to and
following site development. The City Forester is authorized to approve substitutions based
on determination of health and survivability. Table SE-2, Schedule of Substitution Values,
will be used to determine the ratio of substitution. The following provisions must also be
observed.
1. The same minimum separation distances that are required of new plantings must be
observed when possible, except that extant groupings of two or more trees may be
preserved upon approval by the City Forester, who will also determine if trees or
branches must be removed from such groupings in the interest of public safety
and/or to assure survival of the specimen.
2. The Building Official will determine if a preserved tree will be a substitute for a Street
Tree or a Residential Use Tree, depending on its location on a lot.
3. The roots of a tree must be protected during site development with barrier fencing
extending out at least as far as the drip line of the tree, or as far as the City Forester
deems necessary to minimize damage. Any limbs that might be damaged during
construction must be pruned according to the direction of the City Forester.
4. No paving or construction will be allowed within the drip line of a preserved tree.
5. Any preserved tree that dies within 5 years of the issuance of a Certificate of
Occupancy must be replaced by the same number of trees for which it substituted.
Table5E.2: Schedule of Substitution Values
Diameter of Existing Tree (measured 4 feet above ground level) Substitution Value
36 inches or more 3 required trees
12 to 35 inches 2 required trees
2 to 12 inches 1 required tree
NOTE: The substitution value of groupings of two or more trees, provided their preservation as a group is approved by the City
Forester, will be based on the caliper measure of the largest tree of the group.
14-SE-7 Street Tree Re uirements
The requirements of this Section provide for trees along streets to complement and soften the
edges of development, to provide a tree canopy for pedestrians, and to define and unify the
street edge.
A. Applicability
1. Whenever there is conversion or a new use established, the entire lot must comply
with the requirements of this Section.
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Landscaping and Tree Standards
2. Whenever a principal building(s) 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 entire lot must comply with the requirements of this Section.
3. Detached Single Family Dwellings and Detached Zero Lot Line Dwellings are exempt
from the requirements of this Section.
B. Street Trees Adjacent to the Public Right-of-Way
1. On single frontage lots, one large tree is required for every 40 linear feet of frontage
or one small tree for every 30 linear feet of frontage, but not less than one tree per
lot.
2. On lots with more than one frontage, one tree is required for every 60 linear feet of
frontage.
3. Required trees must be located as follows.
a. Trees must be planted on private property adjacent to the right-of-way, except
when subparagraphs (b) or (c) apply. For purposes of this Section, "adjacent"
means that large trees must be planted within 14 feet of the right-of-way line
and small trees must be planted within 8 feet of the right-of-way line. All other
siting requirements contained in this Article .must be observed.
b. The number of trees required may be reduced by the number of qualifying trees
that already exist in the right-of-way or adjacent to the right-of-way. To qualify,
a tree must meet the requirements of Section 6, Preservation of Existing Trees.
c. Trees that cannot be planted adjacent to the right-of-way due to a conflict with
any provision of this Title must be planted within the right-of-way according to
the provisions of Subsection C, Street Trees Within the Public Right-of-Way.
However, trees that cannot be planted in conformity with the provisions of
Subsection C may be omitted.
C. Street Trees Within the Public Right-of-Way
1. Required street trees are to be planted within the right-of-way only in those cases
where trees cannot be planted adjacent to the street right-of-way in accordance with
Subsection B of this Section.
2. Trees planted in the public right-of-way must meet the following requirements:
a. A tree-planting permit must be obtained from the City Forester.
b. Trees may not be planted in the area between a curb and a sidewalk if the
width of the planting area is less than 9 feet, unless approved by the City
Forester.
c. All other siting requirements contained in Section 4 of this Article must be
observed.
d. Any tree planted within the street right-of-way must have a single trunk, with a
minimum of four feet from grade to the first branch at the time of planting and
must conform to the requirements of Title 10, Chapter 8, Trees and Plant
Materials, of the City Code.
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Landscaping and Tree Standards
14-SE-8 Tree Re uirements for Residential Uses
A. Applicability
1. Whenever a principal building(s) containing a Two-Family Use, Multi-Family Use, or
Group Living Use 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 Section are applicable to the entire lot.
2. For any Subdivision or Planned Development that contains lease lots, Two Family
Uses, Multi-Family Uses, or Group Living Uses a landscape plan must be submitted
with the preliminary plat or preliminary planned development application illustrating
how the requirements of this section will be met.
B. Minimum Requirements
1. For lots containing Two Family Dwellings, Multi-Family Dwellings, or Group Living
Uses, trees must be planted on site at a minimum ratio of at least one tree for every
550 square feet of total building coverage of the lot. Any combination of small and
large trees is allowed, provided this coverage ratio is met.
2. For lease lot developments, trees must be planted at a ratio of one tree for every
lease lot in the development. Any combination of small and large trees is allowed
provided this coverage ratio is met.
C. Reductions and Substitutions
1. Trees planted to meet the requirements of Section 7, Street Trees, or to meet the
tree requirements for parking areas specified in Article 14-SA, Off-street Parking and
Loading Standards may also be used to fulfill the requirements of this Section.
2. Existing trees preserved according to the provisions of Section 6 of this Article,
Preservation of Existing Trees, may be used to fulfill the requirements of this Section.
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14-5F
Screening and Buffering Standards
Article F. Screening and Buffering Standards
14-SF-l Purpose
The Screening and Buffering Standards are intended to improve the appearance of Iowa City
streetscapes for the benefit of its citizens; to create aesthetically pleasing and functional living
environments; to protect and enhance property values; and to provide for transitions between
dissimilar uses. This Article contains a menu of screening tools collectively referred to as 5-
series Standards. These standards are applied in situations where uses, activities, materials, or
equipment must be separated from or screened from view of public ways, other zones, or
adjacent properties.
14-SF-2 Applicability
The screening and buffering standards will be applied throughout this Title, where they will be
referenced with the numbers 51, 52, 53, etc. The regulations in this Article address materials,
placement, layout, and timing of installation. The standards in this Article are expressed as
minimum standards; additional landscaping and screening materials may be used as long as
they do not conflict with the provisions of this Article.
14-SF-3 General Re uirements
A. Permitted Plant Species
Table SF-2 lists the various plant species that are allowed to be used to satisfy screening
and buffering requirements. These plants were chosen because of characteristics, such as
hardiness, growth rate, type and density of foliage, and mature height. Deviations from
the listed plants are allowed if the replacement shrubs are similar in form or hardiness to a
permitted variety and are approved by the City.
B. Landscape Plans Required
When provisions of this Article are applicable, a landscaping plan must be submitted with
the request for a building permit, which in addition to the information normally required,
must indicate the following:
1. The size and location of required planting areas;
2. The estimated mature height of required plantings, both preserVed and proposed.
3. The common and scientific names of any required shrubs, including any shrubs
preserved in lieu of new plantings;
4. On the plan, preserved shrubs must be distinguished from new shrubs.
14-SF-4 Plantin Re uirements
A. Plantings Required Prior to Occupancy
1. All plantings required by this Article must be installed prior to occupancy or
commencement of a use, except as allowed in paragraph 2, below.
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Screening and Buffering Standards
2. If the plantings cannot be installed prior to occupancy or commencement of a use
due to seasonal conditions that may reduce survivability, the Building Official may
issue a temporary certificate of occupancy and grant a delay of installation until the
seasonal calendar dates of June 1 or November 1, whichever occurs first, and the
property owner must place in an escrow account, established with the City, an
amount which will cover one hundred and ten (110%) percent of the estimated cost
of plants and installation.
B. Plant Materials Specifications
1. The minimum planting height of shrubs is 18 to 36 inches, depending on species or
as noted in the S-series requirements.
2. The use of mulch must be confined to the areas around plantings. Lawn grass or
other living ground cover, such as low-growing shrubs and/or creeping plants should
be used for exposed areas. Decorative landscaping gravel, cobbles or small stones
may be used as a mulch alternative.
C. Planting Area Specifications
1. The minimum width of a planting area will be specified in the base zone
requirements, use regulations, or development standards for the use or development
being screened or buffered. If not specified in any of the above listed provisions, the
minimum width of a planting area is 5 feet. However, a wider planting area may be
needed to accommodate the number and types of plants proposed and the spacing
requirements listed in Tables 5F-1 and 5F-2.
2. Screening and buffering requirements will often coincide with required trees (See
Article E, Tree Standards). In such a case, the landscaping design and the size and
width of the planting area must accommodate both trees and shrubs.
D. Siting Requirements
1. Plantings may not be located in violation of the provisions of Article 14-50,
Intersection Visibility Standards.
2. At the time of planting, trees and plantings must be separated from other structures
and features on a site in order to minimize conflicts as plants mature. Table 5F-1 lists
the minimum spacing between plants and between plants and other features and
structures on a site. However, the minimum distances between trees, between trees
and shrubs, and between shrubs may be reduced by 25 percent to permit design
flexibility or to create denser screening where desired. Distances are measured to the
center of a tree or the approximate center of individual shrubs. .
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Screening and Buffering Slandards
Tabl.e5F-1:Mininillm spacing b41tween. planling$ al'\~J)lher feal~re5. (il1\tll.el),.
Large Tree Small Tree ... Shrub . iT':
Large Tree 30 24 4
Small Tree 24 16 3
Shrub 4 3 See spacing requirements
in Table 5F-3
Building 14 8 2
Sidewalk 4' 4' 3'
Curb I Pavement 4' 4' 2'
, The minimum distance beiween t(ees and sidewalks or pavelllent also applies to the anticipated location of a
future Sidewalk or paved surtace . . .. . . . .
14-SF-S Protection and Maintenance
A. The provisions of this section apply to all plantings required by this litle, whether newly
planted or preserved.
B. Required planting areas must be separated from abutting vehicular use areas, including
parking spaces, drives, aisles, alleys, vehicle display and loading areas, etc., by an
unmountable curb or barrier that is a minimum of five inches in height. The curb or barrier
must be constructed in such a manner that saltwater run-off will not damage trees or
plantings.
c. The property owner must keep all plantings properly maintained, pruned as needed, and
free from trash and litter. It is the responsibility of the property owner to maintain and
replace trees and plantings required by this Title. Required landscaping must be
continuously maintained in a healthy manner. Plants that die must be replaced. Improper
maintenance, pruning, or removal of plantings may be subject to municipal infraction
proceedings, up to and including environmental infraction proceedings.
D. Any trees that overhang the public right-of-way must be maintained in accordance with
the provisions of litle 10, Chapter 8, Trees and Plant Materials, of the City Code.
E. To prevent interference with pedestrian traffic, plantings must be located appropriately
and maintained so that foliage does not grow any closer than 1 foot to the edge of a
sidewalk or pedestrian trail. This 1-foot setback must be maintained for at least the first 9
feet of plant height.
F. Maintenance of trees within street rights-of-way is the responsibility of the City.
14-SF-6 Screen in Standards S-Series)
The screening and buffering standards listed below will be applied throughout this Title, where
they will be referenced with the numbers 51, 52, 53, etc. The plant varieties listed in listed in
Table SF-2 are to be used to satisfy the requirements of these various standards. Deviations
from the listed plants are allowed if the replacement shrubs are similar if form or hardiness to a
permitted variety and are approved by the City.
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Screening and Buffering Standards
A. General Buffering, Sl
1. Intent
The Sl standard is a basic transitional buffering standard, where planting areas
separate uses from the public right-of-way, define edges and separate vehicular use
areas from pedestrians, yet allow views to easily penetrate, as for outdoor sales
display lots and for general landscaping on commercial properties.
2. Requirements
A grass lawn must be maintained within the landscaped area, with groupings of low-
growing shrubs and ground plants. Approximately half the landscaping plants must
be of an evergreen variety to provide texture and color throughout the year.
Plantings should be arranged to achieve the desired buffering effect, but there is no
established minimum or maximum height.
Figure SF.l - General Buffering, SI
General BufferIng, 51
~_n~__.r.-..
~ --.c\L'iI~ -~
Elevation
( YCII"IOlJ6 uses $UG-h a9
OIXloor sa 100 Qlsp lay lots
~OO~_lm-Jn~000~
PLbI~ RO.H-
Plan View
B. Variable Height Screen, S2
1. Intent
The S2 standard is a buffering treatment that uses distance and low-level screening
to separate uses from the public right-of-way, from other zones, to define edges and
separate vehicular use areas from pedestrians. The standard is applied where
moderate screening is necessary to soften the impact of uses or paved areas, but
where some visibility between areas is more desirable than a total visual screen.
2. Required Materials.
The S2 standard requires enough shrubs to form a landscape screen ranging
between 2 feet and 4 feet in height. At least a third of the shrubs must grow to no
less than 4 feet in height.
a. Alternative materials (Option A): Low berms or planters may be used to elevate
shrubs as long as the overall height of the screening ranges from 2 feet to 4
feet. At least a third of the shrubs must grow to no less than 4 feet in height.
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Screening and Buffering Standards
b. Alternative materials (Option B): A continuous or semi-continuous 2- to 3-foot-
high masonry wall. Breaks in the wall are permitted for sidewalk access and to
accommodate required street trees. One (1) shrub per 10 linear feet of wall, on
average, is required. Shrubs may be grouped, but long stretches without any
shrubs should be avoided. At least a third of the shrubs must grow to no less
than 4 feet in height.
Figure 5F.l - Variable Height Screen, S2
varl1ble f-Ielghl 5creen, 52
EI$va<l<:>!l
LJ;r"Y
.. l~
Vdri~ I-lelght $oreel'l AIt,grnd~rVe, 52
EIdlV/Hton
Pr~'Y
LInb!.
~~j
lit
Plan VI diU)
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Screening and Buffering Standards
C. High Screen, 53
1. Intent
The 53 standard is a buffering treatment that uses dense landscape screening to
provide a visual and physical separation between uses and zones. It is commonly
applied between residential uses and commercial and industrial uses and to screen
outdoor work or storage areas.
2. Required Materials
Enough shrubs and small evergreens to form a continuous screen or hedge at least 5
feet to 6 feet in height and more than 50 percent solid year round. Screening
materials must be at least three 3 feet high when planted. At least half the shrubs
must be evergreen varieties.
a. Alternative materials (Option A). A berm may be used in conjunction with a
hedge to achieve an overall height of 6 feet.
b. Alternative materials (Option B): A continuous or semi-continuous 5 to 6-foot-
high masonry wall or solid fence. Breaks in the wall or fence are permitted for
access and to accommodate required street trees. One (1) shrub per 10 linear
feet of wall, on average, is required. Shrubs may be grouped, but long stretches
without any shrubs should be avoided. At least a third of the shrubs must grow
to no less than 5 feet in height.
Figure SF-3: High Screen, 53
f-Hgh e.crsen, e.3
ElevatIon
ConTI'l6rc..lal/ l~tr1al lJ!;e.
~
.- -- -- ----
Plan VISUl
Ind'-Ial _
R.eeldentk::ll XO.....,
D. Open Pattern Fence or Wall, 54
1. Intent
The 54 standard provides a tall, semi-opaque visual separation. The standard is
applied where separation is required, but where visibility between areas is more
desirable than a total visual screen. This standard provides for instances where
security may be an issue and where landscaping is not a practical option.
2. Required Materials
A 4- to 6-foot-high fence of 50 percent or greater opacity constructed of wood, brick,
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14-5F
Screening and Buffering Standards
metal, masonry or other permanent materials.
E. Opaque Fence or Wall, 55
1. Intent
The S5 standard provides a complete visual separation. The standard is applied in
instances where complete screening is needed to protect abutting uses. This
standard provides for instances where security may be an issue and where
landscaping is not a practical option.
2. Required Materials
A 4 to 8 foot-high fence, completely opaque, constructed of wood, brick, metal,
masonry or other permanent materials. When used for dumpster or utility enclosures,
the material must match the primary building material or be complementary to it. The
height of the fence or wall will be determined based on the activity, materials, or
equipment being screened. In general the fence or wall should be of sufficient height
to screen the activity, materials, or equipment from public view.
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Screening and Buffering Standards
;i('~f~~~~~: .P~;~itted~la6l;s"f&fs9~~!ffS_l!~~:igf(~~69'i')7. ,\', ............."....t.. '\1'..;.
J;(
. PlanE MatUre..~~i9hit~orni;.cqIQr ...... .. ." . " ''':':.",'~,' "
". ,
.......i; . Naill~/vari~tv. .... .) spacing -,
,', ','_ .,,_.....:, .:~:./..... .. d :_"",:',:' ,)",,_,_, ":" ,
Dwarf Summer Blooming Spirea (Spirea japonica or x bumalda)
Daphne Spirea 1 ft., mounding, pink flowers 3 ft. O.c. (on
center)
Lime Mound Spirea 2 ft., mounding, yellow/green leaves 3.5 ft. o.c.
Japanese White 2 ft., mounding, white flowers 3.5 ft. o.c.
Spirea
Magic Carpet Spirea 2 ft., mounding, pink flowers 3.5 ft. o.c.
General Spreading Juniper (Juniper horizontalls or Juniperus chinensls) Evergreen
Buffering Andorra 1-1.5 ft., spreading, gray-green foliage, turns to 4.5 ft. o.C.
alum in Fall
51 Blue Chip 1 ft., spreading, bright silvery-blue foliage, dense 4.5 ft. o.C.
Buffalo 1-1.5 ft., spreading, feathery green branches 4.5 ft. o.C.
Sargent, Blue 1 ft., spreading, blue-gray foliage all year 4.5 ft. o.c.
Japanese Barbenry (BerberIs thunbergl)
Crimson Pygmy 1 ft., spiny mound, red leaves in Summer, red 3.5 ft. o.c.
berries in Winter
Kobold 1 ft., spiny mound, green ieaves, red berries in 3.5 ft. O.C.
Winter
Dwarf Summer Blooming Spirea (Spirea japonica or x bumalda)
Anthony Waterer 2-3 ft., mounding, rose-pink flowers, red Fall color 4 ft. o.c.
Spirea
Goldflame Spirea 2-3 ft., mounding, red leaves in Spring, yellow in 4 ft. o.c.
Summer red in Fall'. Dink flowers
Little Princess Spirea 2-3 ft., mounding, covered with pink flowers 4 ft. o.c.
throuahout Summer
Magic Carpet Spirea 2 ft., mounding, pink flowers 3.5 ft. o.c.
Neon Flash Spirea 2-3 ft., upright, dense; abundant wI bright red 3.S ft. o.c.
Variable flowers in the Summer
Height Dwarf Korean Lilac 4-5 ft., dense shrub, small foliage wI very
Screen (Syringa meyeri 4.5 ft. o.c.
'Palibh;,) fragrant blooms
52
American Arborvitae (Thuja occidentalis) Evergreen
Emerald 10-15 ft., narrow, bright green year round 3.5 ft. o.c.
Holmstrup 3-5 ft., dense, slow growing 3 ft. o.C.
Globe 3-5 ft., globular, dark green 3.5 ft. o.c.
Taunton Spreading 2-3 ft., 4-5 ft. width, dense; soft, dark green
Yew 4 ft. o.c.
Evergreen needles
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Screening and Buffering Standards
3.5 ft. O.c.
4 ft. O.c.
High
Screen
S3
Compact Burning
Bush (Euonymus
alatus'rom acta
5-6 ft., dense shrub, brilliant purple-red Fall
rolor (Note: potentially invasive near 3.5 ft. o.c.
woodlands and asture
Hatfield Yew (Taxus
media) 10 ft., pyramidal, dense 3.5 ft. o.c.
Eve reen
1 Deviations from the listed plants are allowed if the replacement shrubs are similar in form or
hardiness to a rmitted varie and are a roved b the Ci .
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14-5G
Outdoor Lighting Standards
Article G. Outdoor Lighting Standards
14-SG-l Purpose
The Outdoor Lighting Standards are intended to reduce the obtrusive aspects of outdoor light
usage while preserving safety, security, and the nighttime use and enjoyment of property.
These measures will encourage lighting practices that direct appropriate amounts of light where
and when it is needed and decrease glare resulting from overlighting and poorly shielded or
inappropriately directed lighting fixtures.
14-SG-2 A licabili
A. Application of Provisions
The standards contained in this Article apply to all Uses in all Zones, except for the
exemptions listed in subsection B, below.
B. Exemptions
1. Single Family Uses, Two Family Uses, and Group Households located within Single
Family or Two Family Dwellings are exempt from all provisions of this Article, except
for the provisions contained in Section 3, below.
2. Airport lighting for navigational purposes is exempt from the provisions of this Article.
3. FAA-required lighting on towers and buildings is exempt from the provisions of this
Article.
4. The temporary use of lighting for public festivals and celebrations and for temporary
commercial activities such as carnivals and fairs may be exempted from the
provisions of this Article if the Building Official determines through the Temporary
Use permitting process that the proposed lighting will not create a hazard or nuisance
from glare, light trespass, or overlighting.
5. Lighting for outdoor recreational facilities that are accessory to Community Service
Uses, Colleges and University Uses, Educational Facility Uses, Parks and Open Space
Uses, and Religious/Private Group Assembly Uses may be exempted from the
minimum standards or exceed the maximum .standards of this Article, provided that
the provisions specified in Section 7 of this Article, Exemptions for Special Uses, are
met.
6. Lighting for outdoor display lots accessory to Outdoor Storage and Display Oriented
Retail Uses may exceed the Total Outdoor Light Output Standards specified in Section
5, below, provided that the provisions specified in Section 7 of this Article,
Exemptions for Special Uses, are met.
14-SG-3 Standards for Sin Ie Family and Two Family Uses
The regulations of this Section apply to all Single Family Uses, Two Family Uses, and any Group
Household that is located within a Single Family or Two Family Dwelling.
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Outdoor Lighting Standards
A. Height and Glare Control
1. Light Fixtures must be mounted no higher than 15 feet above grade.
2. All bulbs that exceed 2000 lumens must be fully shielded as installed.
3. Bulbs used for floodlights must not exceed 2000 lumens.
B. Light Trespass Standards
1. Any floodlights that are visible from any neighboring residential property must be
aimed downward at an angle no higher than 45 degrees from vertical.
2. Light fixtures used to illuminate flags, statues, or objects mounted on a pole or
pedestal must use a narrow cone of light that does not extend beyond the illuminated
object. Lights that are intended to architecturally highlight a building or its features
must use a limited pattern of light that does not extend beyond the wall of the
building. Bulbs must be shielded from view of abutting properties and the public
right-of-way.
C. Lighting for Private Recreational Facilities
All floodlights used to illuminate outdoor private recreational facilities, such as swimming
pools, tennis courts, and basketball courts, must be turned off by 10:00 PM. Underwater
lighting in swimming pools and hot tubs are exempt from this provision.
D. Prohibited Lighting
Laser lights, search lights, mercury vapor bulbs, and any other type of lamp capable of
producing comparable levels of ultraviolet radiation per watt are prohibited.
14-SG-4 Ph sical Controls
A. Height Limitations
1. Light fixtures located within 300 feet of a Residential Zone must be mounted no
higher than 25 feet above grade.
2. Light fixtures located further than 300 feet from a Residential Zone must be mounted
no higher than 35 feet above grade.
B. Glare Control
1. All bulbs that exceed 2,000 lumens must be fully shielded as installed.
2. Unshielded or partially shielded bulbs that are 2,000 lumens or less must be frosted
glass or be installed behind a translucent cover.
3. All under-canopy lights or lights mounted in eaves must either be recessed into the
canopy/eave and fully shielded or use flat lenses instead of drop lenses.
4. The City may permit the use of light reflectors, refractors or house shields as a
substitute for fully shielded light fixtures on lower-wattage or low voltage ornamental
or pedestrian light fixtures. The shielding on such fixtures must control for uplighting.
These substitute shielding options are not permitted for general illumination of large
areas, such as parking, service, or outdoor product display areas. Fixtures used to
illuminate such areas must be fully shielded.
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Outdoor Lighting Standards
c. Light Trespass
The trespass standards are intended to prevent light from one property extending beyond
the property line onto adjacent properties. Compliance with this subsection is achieved
with fixture shielding, directional control designed into the fixture, fixture location, fixture
height, fixture aim, or a combination of these methods.
1. Except for lighting of loading areas, service areas, and for architectural emphasis,
floodlighting is prohibited. Floodlights are not permitted for the illumination of parking
or outdoor product display areas.
2. Floodlights, when permitted, are exempt from paragraph B.2., above, but must be
aimed no higher than 45 degrees from vertical. Floodlights must also comply with
paragraphs 3 through 5 of this subsection.
3. Lighting fixtures must be located and shielded such that the bulb is not directly visible
from any adjacent residentially-zoned property or public right-of-way. The right-of-
way trespass standard does not apply in the CB-2, eB~5 or CB-IO zones.
4. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial
maximum footcandles as measured at any point along a property boundary that is
adjacent to or across the street from properties that are zoned Residential, eN-l, or
eO-1.
5. On any property containing Multi-Family Uses or Group Living Uses, lighting fixtures
must be located and shielded such that the bulbs are. not visible from any residential
window on the property.
6. Light fixtures used to illuminate flags, statues, or objects mounted on a pole or
pedestal must use a narrow cone of light that does not extend beyond the illuminated
object. Lights that are intended to architecturally highlight a building or its features
must use a limited pattern of light that does not extend beyond the wall of the
building.
14-SG-S Total Outdoor Li ht Output Standards
A. Maximum Outdoor Light Output
1. The total outdoor light output on a property is the total amount of light, measured in
initial lumens, from all bulbs used in outdoor light fixtures. It includes all lights and
luminous tubing used for display lighting, general illumination, architectural/accent
lighting, and lights used for external illumination of signs, but does not include lights
used to illuminate internally illuminated signs or luminous tubing used in neon signs.
For bulb types that vary in their output as they age, such as high pressure sodium,
fluorescent and metal halide, the initial lumen output, as defined by the
manufacturer, is the value to be considered when calculating total outdoor light
output.
2. The total outdoor light output on any property that is subject to the provisions of this
Article may not exceed the limits in Table 5G-1. The values in this table are upper
limits and not design goals; design goals should be the lowest light levels that meet
the requirements of the task.
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3. Seasonal decorations, permitted between Thanksgiving and the end of January, are
not counted toward these limits.
B. Lighting Environment Districts
All Residential, Commercial, Office, and Industrial Zones are grouped into three lighting
environment districts that control lighting output on applicable lots in each zone. Uses, for
which the lighting standards are applicable, located within the Public (P) Zone must
comply with the lighting requirements of the adjacent zone; those on the border between
two or more zones must comply with the standards of the strictest adjacent zone. Zones
are grouped into the lighting environment districts as follows:
1. Low Illumination District, E1
Areas of low ambient lighting levels. This District includes single-family and low-
density multi-family residential zones. This District applies to the following zones: ID-
RS, ID-RM, RR-1, RS-5, RS-8, RS-12, RM-12, and RNS-12.
2. Medium Illumination District, E2
Areas of medium ambient lighting levels. This District includes higher density multi-
family zones and lower intensity commercial and office zones. This District applies to
the following zones: ID-C, ID-I, ID-RP, CN-1, CO-1, PRM, RM-20, RM-44, RNS-20,
and MU.
3. High Illumination District, E3
Areas of high ambient lighting levels. This District includes higher intensity
commercial, industrial, and research zones. This District applies to the following
zones: CC-2, CH-1, CI-1, CB-2, CB-5, CB-10, I-I, 1-2, RDP, and ORP.
C. Measuring Total Outdoor Light Output
1. The maximums in Table 5G-1 are based on a calculation of initial lumens per net
acre. The lot size less the total building coverage of the lot determines the number
of net acres used for this calculation.
2. Lumen output from an under-canopy or under-eave light fixture mounted 15 or more
feet from any edge of the eave or canopy will be measured at 0.5 its full value.
Table 5G.1: Maximum Outdoor Light Output Standards
Lighting Environment District .
Shielding Combinations El, E2, E3,
Low Ambient Lighting Medium Ambient Lighting High Ambient Lighting
(in initial lumens per acre) (in initial lumens per acre) (in initial lumens per acre)
Maximum Total Outdoor
Light Output (including both 50,000 100,000 200,000
fully shielded and unshielded
fixtures)
Maximum Outdoor Light
Output from Unshietded 4,000 10,000 10,000
fixtures
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14-SG-6 Prohibited Li htin and Bulbs
The following types of lighting are prohibited.
A. Laser lights
B. Search lights
C. Mercury vapor bulbs
14-SG-7 Exemptions for Special Uses
A. Outdoor Recreational Facilities
Lighting for outdoor recreational facilities that are accessory to Community Service Uses,
Colleges and University Uses, Educational Facility Uses, Parks and Open Space Uses, and
Religious/Private Group Assembly Uses may be exempted from the minimum standards or
exceed the maximum standards of this Article, provided that the following specific
approval criteria are met. To apply for this exemption, a lighting plan must be submitted to
the City and must be certified as conforming to the standards listed below by a registered
engineer with Lighting Certified (LC) status according to the National Council on
Qualifications for the Lighting Professions (NCQLP).
1. The facility must satisfy the requirements set forth in the most current editions of the
Illuminating Engineering Society of North America (IESNA) Rp-6 Recommended
Practice for Sports and Recreational Area Lighting and the IESNA Lighting Handbook.
Appropriate lighting criteria must be selected based on the Class of Play of the facility
and participants as defined by the IESNA.
2. Fixtures must be located, aimed and shielded to the extent possible to prevent light
trespass and glare onto adjacent properties according to the following standards.
a. Luminaires must be aimed no greater than a distance two mounting heights or
less from the base of the pole (a maximum angle of 63 degress up from nadir or
a minimum of 27 degrees down from horizontal).
b. Fixtures must be mounted so as to meet the criteria of a Cut-off Fixture as
defined in Article 14-90, Outdoor Lighting Definitions.
c. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial
maximum footcandles as measured at any point along a property boundary that
is adjacent to or across the street from properties that are zoned Residential.
3. Laser lights, search lights, and mercury vapor bulbs are prohibited.
4. Use of such lighting is restricted to those hours when the recreational facility is in
use. Lighting for recreational facilities must be turned off by one hour after
conclusion of the recreational activity. For facilities located in or adjacent to
Residential Zones, the curfew for recreational facility lighting is 11 PM. Illumination of
such facilities shall be permitted after 11 PM only to conclude a scheduled event that
was unable to conclude before the curfew due to unusual circumstances.
B. Outdoor Display Lots
Lighting for outdoor display lots that are accessory to Outdoor Storage and Display-
Oriented Uses may exceed the Total Outdoor Light Output Standards specified in Section
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4, above, provided that the following specific approval criteria are met. To apply for this
exemption, a lighting plan must be submitted to the City and must be certified as
conforming to the standards listed below by a registered engineer with LC status according
to the NCQLP.
1. The display lot must be designed to achieve no greater than the minimal illuminance
levels for the activity as recommended by the Illuminating Engineering Society of
North America (IESNA).
2. Display lot lighting that exceeds the Total Outdoor Light Output Standards specified
in Section 4 must be turned off at 11 PM or within 30 minutes after close of business,
whichever is later. After this time, lighting on the property must comply with the
Total Outdoor Light Output Standards specified in Section 4.
3. All other standards and requirements of this Article must be met.
C. Other Lighting on Properties Containing Special Uses
All lighting not directly associated with the special use areas listed in subsections A and B,
above, must conform to the lighting standards contained in this Article. If recreational
facilities or outdoor display lots take advantage of the exemptions allowed in this Section,
the net acreage for the determination of compliance with the Total Outdoor Light Output
Standards for other lighting on the property must not include the area of the recreational
facility or outdoor display lot.
14-5G-8 Measurement
All measurements shall be made 36 inches above the ground. Horizontal footcandle
measurements shall be taken with the meter held parallel to the ground pointing up. Maximum
footcandle measurements shall be taken with the meter oriented towards the brightest light
bank. Light levels are specified, calculated and measured in footcandles. All footcandle values
are expressed in initial footcandles.
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Performance Standards
Article H. Performance Standards.
14-SH-l Purpose
The Performance Standards are intended to protect property from off-site impacts. These
impacts include noise, air pollutants, odor, vibrations, and storage of combustible/flammable
materials.
14-SH-2 Applicability
The provisions of this Article apply to all uses located within the City of Iowa City.
Nonconforming development is subject to the provisions of Article 14-4E, Nonconforming
Situations.
14-SH-3 Certification May Be Required
When necessary, the Building Official may require, at the expense of the applicant, that a
registered profeSSional engineer or other qualified person certify that the provisions of this
Article will be met.
14-SH-4 Noise
Permissible noise levels for uses and activities are specified in Title 6, Chapter 4 of the City
Code, Noise Controls. All applicable uses must be in compliance with these regulations.
14-SH-S Air uality Standards
The emissions of smoke, particulate matter or chemicals into the air must comply with the
standards and permitting requirements of the Iowa Department of Environmental Quality and
the U.S. Environmental Protection Agency, or their successors. Upon request by the City, a
property owner must provide evidence that the subject operation is in compliance with these
standards.
14-SH-6 Odor
The emission of offensive odorous matter from any operation or activity shall not exceed the
odor threshold concentration defined in the American Society for Testing and Materials Method
01391-57 Standard Method for Measurement of Odor in Atmospheres (Dilution Method), as
amended, as the level which will just evoke a response in the human olfactory system when
measured as set forth below:
A. All Zones, except Industrial Zones
When measured beyond lot lines at ground level or habitable elevation, odorous matter
shall not exceed the odor threshold concentration.
B. All Industrial Zones
Odorous matter shall not exceed the odor threshold concentration beyond zone boundary
lines at ground level or habitable elevation.
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14-SH-7 Vibration
A. Vibrations from any operation or activity shall not exceed the displacement values below.
B. Vibration displacements shall be measured with an instrument capable of simultaneously
measuring in 3 mutually perpendicular directions. The maximum vector resultant shall be
less than the vibration displacement permitted. The maximum displacements shall be
determined by the following formula:
D = KIf, where
D = displacement in inches
K = a constant given in Table SH-l, below
f = the frequency of the vibration transmitted through the ground .in cycles per second
Table SH-l: Vibration Displacement Standards
Impulsive Less than 8
Zone Point of Continuous (at least 1 second rest pulses per 24
Measurement between pulses that do n~t hour period
exceed 1 second duration
All Zones, At lot lines
except 0.003 0.006 0,015
Industrial
Industrial At Industrial
Zones Zone boundary 0.030 0.060 0.150
line
At the boundary
of Residential
Zones,
recreational 0.003 0.006 0,015
areas, or
Educational
Facilities
14-SH-8 Stora e of Combustible and Flammable Materials
A. Any combustible materials must be stored in such a way as to include, where necessary,
access drives for fire fighting equipment.
B. The bulk storage of flammable liquids and chemicals in above-ground storage tanks, when
allowed, must be located no closer to a lot line or any principal building than is permitted
by the International Fire Code, as amended. However, for aboveground storage tanks of
276 gallons capacity or more, the minimum distance between such aboveground tanks and
any Residential Zone boundary must be at least 100 feet. If the aboveground tank is
located in an approved vault, the minimum separation distance from a Residential Zone
boundary may be reduced to no less than 50 feet.
C. The underground bulk storage of flammable liquids, when allowed, must be located in
accordance with the International Fire Code, as amended. However, the minimum distance
between such underground tanks and any Residential Zone boundary must be at least 10
feet.
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D. The bulk storage of flammable cryogenic fluids in stationary containers is prohibited in all
Zones, except in the CI-l, 1-1, 1-2, RDP, and ORP Zones. In these listed Zones, storage of
such fluids may be allowed, but only as specified and strictly regulated by the Intemational
Fire Code, as amended.
E. The bulk storage of Class I and Class II liquids in above-ground tanks is prohibited in all
Zones, except in the CI-l, 1-1, 1-2, RDP, and ORP Zones. In these listed Zones, the
storage of such liquids may be permitted, but only as specified and strictly regulated by
the Intemational Fire Code, as amended.
F. The bulk storage of liquefied petroleum gas is prohibited in all Zones, except the CI-l, I-I,
1-2, RDP, and ORP Zones. In these listed Zones, the storage of liquefied petroleum gas
may be allowed, but only as specified and strictly regulated by the Intemational Fire Code,
as amended.
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Sensitive Lands and Features
Article I.
Sensitive Lands and Features
14-51-1 Purpose
The purpose for this Article is to accomplish the following:
A. Implement the environmental policies of the Comprehensive Plan, as amended.
B. Permit and define the reasonable use of properties that contain environmentally sensitive
features and natural resources while recognizing the importance of environmental
resources and protecting such resources from destruction.
C. Provide for ecologically sound transitions between protected environmentally sensitive
areas and urban development.
D. Protect the public from injury and property damage due to flooding, erosion, and other
natural hazards, which can be exacerbated by development of environmentally sensitive
land.
E. Foster urban design that preserves open space and minimizes disturbance of
environmentally sensitive features and natural resources.
F. Provide for the mitigation of disturbances of environmentally sensitive features and natural
resources by requiring and implementing mitigation plans, as needed.
14-51-2 Applicability
A. Unless specifically exempted as specified below, an application for Sensitive Areas Review
must be submitted to and approved by the City prior to woodland clearing, grading or any
development activity on tracts of land or portions of tracts of land where any regulated
sensitive features specified in subsection B, below, exist. This application process may
occur as part of Site Plan Review, a Planned Development Overlay Rezoning and/or
Subdivision Review.
B. Regulated Sensitive Features
Properties containing any of the following environmentally sensitive features are subject to
the regulations of this Article. References to "regulated" sensitive features, such as
"regulated wetlands," "regulated slopes," etc. within the text of this Article are references
to the regulated features as listed below. The Sensitive Areas Inventory Map - Phase I
may be used as a tool to determine the locations of potential environmentally sensitive
areas. However, it is the applicant's responsibility to investigate and fully delineate such
potential sensitive areas in order to determine whether the sensitive area or feature is
subject to the regulations of this Article.
1. Jurisdictional Wetlands
Jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers, or its
successor.
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Sensitive Lands and Features
2. Stream Corridors
a. Floodways designated on either the current federal emergency management
agency flood boundary and floodway maps for Iowa City and Johnson County or
the Iowa City (1 inch = 100 foot scale) flood boundary and floodway maps.
b. A river, stream or drainageway shown in blue (the blue line) on the most
current U.S. Geological Survey Quadrangle Maps. In cases where no floodway is
delineated, the blue line will serve as the center line within a 30-foot wide
stream corridor.
3. Regulated Slopes
Slopes of eighteen percent (18%) or greater.
4. Wooded Areas
a. Woodlands, 2 acres in size or greater.
b. Groves of trees, as defined in this Title.
5. Fully Hydric Soils
Fully hydric soils as designated in the USDA Soil Conservation Service Soil Survey of
Johnson County, Iowa, as amended.
6. Prairie Remnants
Prairie remnants as shown on the Iowa City Sensitive Areas Inventory Map - Phase I,
as amended.
7. Archaeological Sites
Archaeological sites as determined by the State Historic Preservation Officer or the
State Archeologist.
C. Exemptions
The following uses, activities, and structures are exempt from the requirements of this
Article. However, an applicant must first apply for and obtain an exemption, prior to any
woodland clearing, grading or development activity on a property.
1. Emergency/Public Safety
Grading, clearing, removal or other activities required for emergency situations
involving immediate danger to life, health and safety, or which create an immediate
threat to person or property or create substantial fire hazards are exempt from the
requirements of this Article.
2. Maintenance/Expansion of Single Family or Two Family Residential Uses
Normal maintenance, expansion, exterior remodeling, reconstruction or replacement
of Single-Family or Two Family Uses in existence as of December 13, 1995 are
exempt from the requirements of this Article, provided the new construction or
related activity will not increase the footprint of the structure and/or paving lying
within the sensitive area by more than a cumulative total of 1,000 square feet, and
also provided there is no encroachment by said activities, including grading, into a
jurisdictional wetland, a designated sensitive areas conservation tract or protected
sensitive area.
3. Construction of Single Family or Two Family Residential Uses
Grading, clearing or development activities on a tract of land for the purpose of
construction, landscaping or associated improvements for one Single Family Use or
one Two Family Use are exempt from the requirements of this Article, provided the
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Sensitive Lands and Features
development activities do not exceed a maximum total of 20,000 square feet in area
and provided there is no encroachment by said activities into a jurisdictional wetland,
a designated sensitive areas conservation tract or protected sensitive area.
4. Ground Water Monitoring Wells and Storm Water Facilities
Normal and routine maintenance of existing drainage and storm water management
facilities are exempt from the requirements of this Article. This exemption includes
vegetative maintenance for access and storm water/flood control purposes within and
adjacent to drainageways. Except for temporary storage outside a wetland or water
body, placement of fill or dredge spoils is not exempt under this paragraph. Ground
water monitoring wells, when constructed to standards approved by the City, are
exem pt.
5. Woodland Management Activities
Practices associated with "timber management standards" as defined by the
International Society of Arboriculture, or its successor, are exempt from the
requirements of this Article. Existing tree farming operations, such as Christmas tree
farming, fruit or nut tree production and tree nurseries, during such time as the land
is used for tree farming operations are exempt from the requirements of this Article.
D. Uses, Activities and Structures Allowed Within Protected Sensitive Areas
The following uses, activities, and structures are allowed within protected sensitive areas
and required buffers where it can be shown that such a use, activity, or structure will not
be detrimental to the functioning of sensitive areas or associated buffers, or pose a public
safety hazard, subject to City approval during the applicable Sensitive Areas Review
process.
1. Parkland, private open space, and trails that provide opportunities for environmental
interpretation and are designed to incorporate features that protect areas of wildlife
habitat, water quality and the natural amenities in protected sensitive areas and
buffers.
2. Stream crossings, such as bridges, roads and culverts, or stream bank stabilization
measures, provided they are designed to minimize any reduction of the flood carrying
capacity of the stream caused by such structures and are in compliance with all
Federal and State regulations.
3. Essential public utilities such as storm and sanitary sewers, water mains, gas,
telephone and power lines, and storm water detention facilities are permitted if they
are designed and constructed to minimize their impact upon the protected sensitive
areas and associated buffers. The design and construction of utilities should also
include measures to protect against erosion, pollution and habitat disturbance, and
result in minimal amounts of excavation and filling. Upon completion of the
installation of the public facility or line, the sensitive protected areas and associated
buffers shall be restored by those persons responsible for the disturbance.
14-51-3 Levels of Sensitive Areas Review
A. Level I Sensitive Areas Review
1. Except for exempted activities as listed in Subsection 2C, above, a Level I Sensitive
Areas Review is required prior to development activity on property that contains any
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Sensitive Lands and Features
regulated sensitive feature listed in Section 2, above, but for which a Level II
Sensitive Areas Review is not required.
2. A Sensitive Areas Development Plan submitted with the application for a Level I
Sensitive Areas Review must delineate any regulated sensitive areas and associated
buffers according to the specific regulations contained in Sections 6 through 12 of
this Article and will be approved according to the procedures for a Level I Sensitive
Areas Review as set forth in Article 14-8B, Administrative Approval Procedures.
B. Level II Sensitive Areas Review
1. Except for exempted activities listed in Subsection 2C, above, a Level II Sensitive
Areas Review is required prior to development on properties for which any of the
following activities are proposed:
a. The disturbance of a wetland or an associated buffer;
b. The removal of portions of a woodland in excess of the woodland retention
requirements contained in Section 9 of this Article, Wooded Areas.
c. The disturbance of more than 35 percent of the critical slopes on a property; .
d. Disturbance of a protected slope buffer or an altered protected slope.
e. Any development that contains regulated sensitive features and for which
modifications to the underlying zoning or subdivision regulations are requested.
2. The submittal of a Sensitive Areas Development Plan is required for properties
containing regulated sensitive areas for which a Level II Sensitive Areas Review is
required. Such Sensitive Areas Development Plan must delineate regulated sensitive
areas and associated buffers according to the specific regulations contained in
Sections 6 through 12 of this Article.
3. A Level II Sensitive Areas Review is considered a type of planned development and
as such must comply with the applicable approval criteria set forth in Article 14-3A,
Planned Development Overlay and will be reviewed according to the approval
procedures for a Planned Development Overlay Rezoning as set forth in Article 14-
8D, Planning and Zoning Commission Approval Procedures.
4. If a Level II Sensitive Areas Review is required, according to the preceding
paragraphs, and other regulated sensitive features exist on the property, the planned
development rezoning application must include all evidence and required information
for all regulated sensitive features on the property.
14-51-4 Modifications to Zonin and Subdivision Requirements
Through the planned development process, certain specified modifications.to the underlying
zoning and subdivision standards are allowed to provide for flexibility in the design of a site. On
sites that contain sensitive features, the planned development process may be used in order to
cluster development away from sensitive features. The types of zoning and subdivision
modifications allowed and the associated site development standards are listed in Article 14-3A,
Planned Development Overlay. If modifications to the underlying zoning or subdivision
standards are requested, a Level II Sensitive Areas Review is required, regardless of the nature
of the sensitive features on the site.
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14-51-5 Compliance Measures
A. Compliance with Approved Plans Required
Approval of a Sensitive Areas Development Plan is authorization to proceed with
development activity according to the provisions and restrictions set forth in said plan and
associated legal papers, including but not limited to compliance with all construction area
limits, conservation easements, and specified construction practices. Any development
activity at variance with the approved plan and/or associated legal papers shall be deemed
a violation of these regulations and subject to any enforcement action and penalties
allowed according to Article 14-7C, Penalties and Enforcement.
B. Recording Requirement
Approved Sensitive Areas Development Plans shall be recorded in the Johnson County
Recorder's office prior to issuance of any certificate of occupancy for the property. The
recording is intended to provide notice to subsequent property owners that environmental
limitations apply to the subject property.
C. Performance Guarantee
A Performance Guarantee may be required to ensure completion of conservation
measures, including plantings and other mitigation or maintenance efforts, as stipulated in
this Article. Required performance guarantees must be submitted according to the
procedures for Performance Guarantees as set forth in Title 18 of the City Code, Site Plan
Review.
14-51-6 Jurisdictional Wetlands
A. Purpose
The purpose of regulating development in and around wetlands is to:
1. Preserve the unique and valuable attributes of wetlands as areas where storm water
is naturally retained, thereby controlling the rate of runoff, improving water quality,
recharging ground water resources, providing erosion control and lessening the
effects of f100di ng;
2. Promote the preservation of habitat for plants, fish, reptiles, amphibians or other
wildlife;
3. Minimize the impact of development activity on wetland areas;
4. Provide a greater degree of protection for many wetland areas above and beyond
that provided by the Federal and State government; and
5. Minimize the long-term environmental impact associated with the loss of wetlands.
B. Wetland Regulation By Other Agencies
The approval of a Sensitive Areas Development Plan under the provisions of this Article is
in addition to the applicant's need to obtain permits required by other local, State, or
Federal agencies, and does not alter the applicant's obligation to satisfy and obtain all
other applicable local, State or Federal regulations and permits.
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Sensitive Lands and Features
C. Wetland Mitigation Plan Required
1. A Sensitive Areas Development Plan for property containing a regulated wetland shall
include a Wetland Mitigation Plan demonstrating that all regulations of this Section
will be met. Avoiding a delineated wetland area and minimizing the impact of
development on a wetland is strongly encouraged, and must be investigated before
compensatory mitigation will be considered.
2. A Wetland Mitigation Plan shall include the following information:
a. The boundaries of the delineated wetland and the required natural buffer area;
b. Delineation of a construction area limit and specification of associated
restrictions thereof;
c. The type and location of erosion control measures to be placed on the property
prior to any other development activity occurring on the site;
d. Certification by a wetland specialist or the U.S. Army Corps of Engineers, or its
successor, regarding the wetland delineation, if required;
e. Information regarding the characteristics of the wetland necessary to determine
the allowable buffer reduction as provided in subsection E of this section,
Wetland Buffer Requirements, if a reduction is requested;
f. A storm water management plan demonstrating compliance with the
requirements of the Iowa City storm water regulations and related municipal
design standards.
D. Wetland Delineation
1. Prior to any development activity occurring on a site containing a potential regulated
wetland, the property owner must provide a delineation of the wetland area.
Determination of jurisdictional wetlands must be made either by the U.S. Army Corps
of Engineers, or its successor, or by a wetland specialist. If completed by a wetland
specialist, the wetland delineation must be reviewed and accepted by the U.S. Army
Corps, or its successor. Delineation of wetland areas must be completed prior to the
submittal of a Sensitive Areas Development Plan for review.
2. If the property owner certifies that no development activity will occur within lSO feet
of the apparent edge of a suspected or potential wetland area on the site, the
requirement for delineation by a wetland specialist or the Corps may be waived by
the City. In the case of a waiver, the property owner shall grant an easement running
in favor of the City, an approved conservation group, or other approved organization
for the purpose of retaining the wetland and the surrounding lSD-foot protection
area as undeveloped natural open space.
E. Wetland Buffer Requirements
1. An undisturbed, 100-foot natural buffer shall be maintained between any
development activity and a regulated wetland unless said development activity is
exempted pursuant to Subsection 2C of this Article, Exemptions. The required
setbacks established for the base zone shall be measured from the buffer edge, and
are in addition to the required buffer. This setback requirement applies to parking
lots as well. (For example, the RS-S District requires a 20-foot rear setback, which
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would be measured from the outside edge of the required 100-foot buffer. As a
result, no building or parking lot could be located within 120 feet of the wetland.)
2. Buffer averaging may be permitted or required where an increased buffer is deemed
necessary or desirable to provide additional protection to one area of a wetland for
aesthetic or environmental reasons. In this situation, the width of the required buffer
around other areas of the wetland may be reduced by up to 50 percent, but the area
of the provided buffer must be equal to or greater than the total area of the required
buffer. Any request for buffer averaging requires a Level II Sensitive Areas Review.
Buffers that have been reduced according to the provisions of the following
paragraph may not be averaged.
3. The applicant may request a reduction of the required natural buffer in certain
instances enumerated below. Any request for a reduction in the natural wetlands
buffer requires a Level II Sensitive Areas Review. Buffers that have been averaged
according to the provisions of the previous paragraph may not be reduced.
a. The required natural buffer may be reduced by up to 50 feet if it can be
demonstrated by a wetland specialist that the wetland:
(1) Is less than 5 acres in area; and
(2) Does not contain species listed by the Federal or State government as
endangered or threatened, or critical or outstanding natural habitat for
those species; and
(3) Does not contain diverse plant associations of infrequent occurrence or of
regional significance; and
(4) Is not located within a regulated stream corridor.
b. The required natural buffer may be reduced by up to 75 feet if it can be
demonstrated by a wetland specialist that the wetland:
(1) Satisfies the criteria for Natural Buffer Reduction, in subparagraph a,
above; and
(2) Does not, in a year of average precipitation, contain standing water at any
time during the calendar year; and
(3) Is not a forested wetland; and
(4) Does not provide a known habitat for migratory birds of local or regional
significance.
c. In addition to the qualifying criteria listed above, the City shall consider the
following factors in determining whether or not to reduce the required buffer:
(1) The proposed land use of the property and its potential impact on the
wetland; and
(2) The design and layout of the proposed development in relation to the
wetland; and
(3) The physical characteristics of the site and the wetland; and
(4) Any other factor related to the short- or long-term environmental stability
and health of the wetland.
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F. Design Standards
1. No grading, dredging, clearing, filling, draining, or other development activity is
allowed within a regulated wetland or required buffer area, unless said activity is part
of an approved Wetland Mitigation Plan or is a use, activity or structure allowed
according to subsection 2D of this Article, Uses, Activities and Structures Allowed
Within Protected Sensitive Areas.
2. For property not served by a City sanitary sewer system, the location of septic tanks,
soil absorption systems, holding tanks, or any other element of an on-site sewage
disposal system must meet the required setbacks specified in the base zone, as
measured from the buffer edge.
3. To mitigate negative impacts of development and limit sedimentation, the direct
discharge of untreated surface water from a development site or a developed area
into a wetland may be prohibited. The partial treatment of storm water runoff
through the use or combined use of constructed wetlands, detention basins,
vegetative filter strips, sediment traps or other means before the storm water runoff
reaches a wetland may be considered as part of a Wetland Mitigation Plan. In such
case, the discharge should not increase the rate of flow or decrease the water quality
of the wetlands unless it can be shown by a wetland specialist that an increase in the
rate of flow will enhance rather than adversely impact the wetland.
4. On any lot containing a regulated wetland, erosion control measures, whether
required under the Title 17, Chapter 8, Grading Ordinance, or as part of a Wetland
Mitigation Plan approved under the provisions of this Article, must be installed prior
to any development activity occurring on the site.
5. The planting of foreign or invasive species, including intrusive native varieties, in
regulated wetland or buffer areas is prohibited. Only non-intrusive native species
shall be used to supplement existing vegetation.
6. The removal of foreign or invasive species, including intrusive native varieties, within
a regulated wetland or buffer area may be permitted when approved as part of an
approved Wetland Mitigation Plan.
7. Where it is determined that the area occupied by the required buffer provides little
natural protection to the wetland due to previous land disturbance, enhanced
vegetative cover must be provided within the buffer area to help filter and slow the
flow of surface water. The enhanced vegetation shall consist of species that are
known to be noninvasive to wetland areas.
G. Compensatory Mitigation
Compensatory mitigation may be permitted only if it is clearly demonstrated that avoiding
and minimizing the impact on a wetland is unreasonable. A permit for any development
activity within a wetland area is required by the U.S. Army Corps of Engineers or its
successor. If a permit is granted for development activity within a wetland, compensatory
mitigation shall be required based on the following criteria, unless a greater degree of
compensation is required by the Corps or its successor:
1. Wetlands containing the following characteristics shall be considered protected, "no
build" wetland areas. Compensatory mitigation will be considered only if the wetland
disturbance is relatively small in relation to the overall wetland and if it can be shown
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that the disturbance will not have an adverse impact on the overall wetland. In
wetlands with the following characteristics, if compensatory mitigation is permitted,
the required replacement ratio of comparable habitat replaced to habitat lost shall be
at least three to one (3: 1).
a. Wetlands containing species listed by the Federal or State government as
endangered or threatened, or containing critical or outstanding natural habitat
for those species; or
b. Wetlands containing the presence of diverse plant associations of infrequent
occurrence or of regional importance; or
c. Wetlands located within regulated stream corridors as defined in this Article.
2. The replacement ratio of comparable habitat replaced to habitat lost shall be at least
two to one (2:1) for wetlands not containing the characteristics listed in paragraph 1,
above, but which do contain the following characteristics:
a. Standing water throughout the calendar year under average precipitation,
b. Forested wetlands, or
c. Wetlands providing a known habitat for migratory birds of regional or local
significance.
3. Compensatory mitigation for all other regulated wetlands shall be at a ratio of at least
one to one (1:1). If said wetland or the replacement habitat is enhanced to so that it
contains one or more of the defining characteristics listed in paragraphs 1 or 2,
above, the required replacement ratio may be reduced to 0.5:1.
4. When compensatory mitigation is proposed, the Wetland Mitigation Plan described in
this Section must be prepared by a wetland specialist. A Wetland Mitigation Plan that
includes compensatory mitigation must include the following components:
a. An assessment of the value of the wetland being replaced to determine the
appropriate replacement ratio;
b. A clear statement of the goals of the mitigation plan, including specific
statements regarding the expected rate of establishment of a vegetative cover
over specified periods of time;
c. Analysis of the soils, substrate and hydrology of the proposed site of the
constructed or expanded wetland in terms of their suitability to provide a proper
growing medium for the proposed vegetation;
d. A list of the plant species to be used, which should include only native,
noninvasive species, and their proposed locations. Transplanting as much of the
native vegetation from the original wetland as possible, as well as the upper 6
to 12 inches of the soil is encouraged; and
e. Provisions for monitoring the condition of the new or enhanced wetland area for
a period of 5 years, and identification of the party responsible for replanting in
the event of poor initial growth or predation resulting in a failure of over 30
percent of the planted stock. Information collected during the monitoring
process must be submitted to the City annually and include the following:
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(4)
Data on plant species diversity and the extent of plant cover established in
the new or enhanced wetland;
Wildlife presence;
Data on water regimes, water chemistry, soil conditions and ground and
surface water interactions; and
Proposed alterations or corrective measures to address deficiencies
identified in the created or enhanced wetland, such as a failure to establish
a vegetative cover or the presence of invasive or foreign species.
(1)
(2)
(3)
14-51-7 Stream Corridors
A. Purpose
The purpose of regulating development in and around stream corridors is to:
1. Preserve the value of stream corridors in providing floodwater conveyance and
storage;
2. Promote filtration of storm water runoff;
3. Reduce stream bank erosion; and
4. Protect and enhance wildlife habitat.
B. Stream Corridor Regulation By Other Agencies
The approval of a Sensitive Areas Development Plan shall be in addition to the applicant's
need to obtain permits required by other local, State or Federal agencies, and does not
alter the applicant's obligation to satisfy and obtain all other applicable local, State or
Federal regulations and permits.
C. Environmental Review Required
A Sensitive Areas Development Plan for property containing a regulated stream corridor
must include evidence demonstrating that all regulations of this Section will be met. Such
plan must include the following information:
1. Delineation of the regulated stream corridor and the required natural buffer area;
2. Delineation of a construction area limit and specification of associated restrictions
thereof;
3. Information regarding the characteristics of the stream corridor necessary to
determine the allowable buffer reduction as provided in subsection D of this section,
Stream Corridor Buffer Requirements, if a reduction is requested.
D. Stream Corridor Buffer Requirements
1. Unless exempt pursuant to subsection 2C of this Article, Exemptions, the following
natural buffers must be maintained along regulated stream corridors. When other
regulated sensitive features are located within a stream corridor, a 50-foot buffer is
required.
a. Along the Iowa River, a 50-foot natural buffer must be maintained between any
development activity and the stream corridor, which includes the floodway.
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b. Along tributaries to the Iowa River that have a delineated f1oodway, a 30-foot
natural buffer must be maintained between any development activity and the
stream corridor, which includes the floodway. These tributaries include, but are
not limited to Ralston Creek, Willow Creek, Snyder Creek, Clear Creek and Rapid
Creek.
c. Along tributaries or drainageways that do not have a delineated f1oodway, a 15-
foot natural buffer must be maintained between any development activity and
the stream corridor limits.
2. The applicant may request a reduction of the required natural buffer in certain
circumstances enumerated below.
a. The required natural buffer may be reduced by up to 50 percent if the applicant
demonstrates that the portion of the buffer being reduced:
(1) Does not contain significant existing vegetative cover, such as native trees
or prairie remnants; and
(2) Does not contain other sensitive areas subject to the requirements of this
Article; and
(3) Enhanced vegetative cover will be provided in the remaining buffer area.
b. The required natural buffer may be reduced by up to 100 percent if the
applicant demonstrates that:
(1) The property is adjacent to or contains a stream corridor located in a
"developed area of the Oty"; and
(2) The portion of the buffer being reduced does not contain other sensitive
areas subject to the requirements of this Article; and
(3) Requiring the full stream corridor buffer would preclude reasonable use of
the property; and
(4) Enhanced vegetative cover will be provided in any remaining buffer area,
to the extent possible.
c. In addition to the qualifying criteria listed above, the City will consider the
following factors in determining whether to reduce the required buffer:
(1) The proposed land use of the property and its potential impact on the
stream corridor;
(2) The design and layout of the proposed development in relation to the
stream corridor;
(3) The characteristics of the site and the stream corridor; and
(4) Any other factors related to the short- or long-term environmental stability
and health of the stream corridor.
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14-51-8 Re ulated 510 es
A. Purpose
The purpose of regulating development on and near steep slopes is to:
1. Promote safety in the design and construction of developments;
2. Minimize flooding, landslides and mudslides;
3. Minimize soil instability, erosion and downstream siltation; and
4. Preserve the scenic character of hillside areas, particularly wooded hillsides.
B. Regulated Slopes Defined
1. Percent of Slope
The slope of a designated area determined by dividing the horizontal run of the slope
into the vertical rise of the same slope and converting the resulting figure into a
percentage value.
2. Steep Slopes
A slope of 18 percent, but less than 25 percent.
3. Critical Slopes
A slope of 25 percent, but less than 40 percent.
4. Protected Slopes
Any slope of 40 percent of steeper.
5. Altered Protected Slopes
Any slope of 40 percent or steeper created by human activity such as cutting or
filling, which activity occurred prior to December 13, 1995, and which slope is not
otherwise approved by the City. .
C. Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated slopes must include
evidence demonstrating that all regulations of this section will be met. Such plan must
include the following information:
1. Delineation of all steep, critical, and protected slopes and any required buffer area;
2. Submission of a grading plan that is in conformance with Title 17, Chapter 8, Grading
Ordinance;
3. Delineation of construction area limits and specification of associated restrictions
thereof;
D. Buffer Requirements
1. A buffer will be required around all protected slopes. Two (2') feet of buffer must be
provided for each foot of vertical rise of the protected slope, up to a maximum buffer
of 50 feet. The buffer area is to be measured from the top, toe and sides of the
protected slope. No development activity, including removal of trees and other
vegetation, will be allowed within the buffer.
2. The buffer requirements may be reduced under certain circumstances. If a buffer
reduction is requested, a Level II Sensitive Areas Review is required. A reduction of
a protected slope buffer may only be approved if a geologist or professional engineer
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demonstrates to the satisfaction of the City that the proposed development activity
can and will be designed to eliminate hazards and will not undermine the stability of
the slope or the buffer area. . .
E. Design Standards For Regulated Slopes
1. Construction areas must be delineated on the Sensitive Areas Development Plan and
must indicate the boundaries of all intended development activities, including
grading, excavation, and storage of construction materials. Accordingly, construction
areas must be in concert with required Grading Plans. Except for driveways and
utilities installation, no grading or excavation is allowed outside the construction area.
2. Except for commercially or industrially-zoned properties, construction areas on lots
containing protected slopes must be of a size equal to at least 40 percent of the
minimum lot size required by the zone in which it is located. (For example, the
construction area for a lot in an RS-5 Zone must be at least 3,200 square feet, which
is 40 percent of the 8,000 square foot minimum lot size).
3. Designated construction areas must not extend into protected slopes or protected
slope buffers unless expressly permitted according to the provisions of this section.
4. Encroachment of construction areas into steep and critical slopes must be minimized.
If disturbance of more than 35 percent of critical slopes is proposed a Level II
Sensitive Areas Review is required.
5. Any area designated as a natural protected slope (40+ percent) must not be graded
and must remain in its existing state, except natural vegetation may be
supplemented by other plant material.
6. Development activities may be allowed within areas containing "altered protected
slopes," as defined in this Title. In such cases, a Level II Sensitive Areas Review is
required. Approval will be based on the following criteria:
a. A geologist or professional engineer must demonstrate to the satisfaction of the
City that development activity will not undermine the stability of the slope; and
b. The City further determines that the proposed development activities are
consistent with the intent of this Article.
7. Cut slopes must be constructed to eliminate sharp angles of intersection with the
existing terrain and must be rounded and contoured as necessary to blend with
existing topography to the maximum extent possible. The City will not accept the
dedication and maintenance of cut and fill slopes, except those within the required
street right-of-way.
8. Street rights-of-way and public utility corridors must be located so as to minimize
cutting and filling.
9. To maintain the stability of ungraded areas, existing vegetation must be retained to
the maximum extent possible and additional plantings to stabilize the slope may be
allowed.
,-
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14-51-9 Wooded Areas
A. Purpose
The purpose of regulating development in and around wooded areas is to:
1. Reduce damage to wooded areas, particularly wetlands, steep slopes and stream
corridors;
2. Reduce erosion and siltation;
3. Minimize destruction of wildlife habitat; and
4. Encourage subdivision and site plan design which incorporate groves and woodlands
as amenities within a development.
B. Environmental Review Required
1. A Sensitive Areas Development Plan for property containing regulated wooded areas
must include evidence demonstrating that all regulations of this Section will be met.
Such plan must include the following information:
a. All groves of trees and all woodlands, as these terms are defined in this Article,
must be delineated on the plan.
b. The plan must also delineate all woodlands that are to be protected according to
the Woodland Retention and Replacement Requirements in subsection C, below
and all groves that are to be protected. The delineated woodlands must include
the required buffer area. Construction area limits illustrated on the plan must
coincide with these protected areas.
c. Woodland and tree protection methods for proposed development activity shall
be shown on any plan or plat required to be submitted prior to commencement
of development activity. Protection methods should comply with generally
accepted tree protection guidelines and be approved by the City.
d. The plan must indicate the location of the planting area for any replacement
trees required under this Section.
C. Woodland Retention and Replacement Requirements
Regulated woodlands must be retained according to the following provisions. The
percentage of the regulated woodland that must be retained is specified in Table 51-1,
below according to the underlying base zone.
ID, RR-1
RS-5, RS-8, RS-12, RNS-12
RM-12, RM-20, RM-44, RNS-20
RDP,ORP
C and I
70%
50%
20%
20%
10%
1. The required woodland area to be retained must include a buffer area that extends
50 feet outward from the trunks of trees to be preserved. This buffer area is intended
to protect the trees within the specified retention area. Since trees within this buffer
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area may be prone to damage during construction, they may not be included when
calculating the required retention area.
2. If the City determines that the required woodland area cannot be retained due to site
constraints or infrastructure requirements, replacement trees must be planted. One
tree must be planted for every 200 square feet of woodland removed from the
otherwise required retention area.
3. Where it is not feasible to replace trees on-site, replacement trees may be planted to
supplement reforestation of an off-site woodland approved by the City. Any
designated off-site woodland must be either publicly owned property or property
subject to a conservation easement.
4. Replacement trees must be approved by the City, and to the extent possible, should
be of the same or equivalent species as the trees being removed.
5. Replacement trees must meet the specifications set forth in General Tree Planting
Requirements, contained in Article 14-5E, Landscaping and Tree Standards, and must
be secured by a performance guarantee for a period of 12 months.
D. Design Standards for Wooded Areas
1. Measures must be taken to protect and retain groves of trees to the extent
practicable.
2. When other environmentally regulated sensitive features are present in combination
with a regulated woodland, the regulations related to all the sensitive areas contained
on the property will be considered, with the most stringent regulations applying.
3. To the extent possible, woodlands located on steep or critical slopes or within 100-
year flood plains must be given the highest retention priority when meeting the
Woodland Retention and Replacement Requirements.
4. Street right of way, public utility corridors and building sites should be located so as
to minimize their impact on woodlands and groves.
5. Where possible, woodlands and groves to be protected should be located within
designated public or private open space, either through dedication, a conservation
easement, or control by a homeowners' association.
14-51-10 Fully Hydric Soils
A. Purpose
Fully hydric soils may indicate the potential existence of jurisdictional wetlands and the
probable existence of a high water table. The purpose of regulating lands that contain fully
hydric soils is to recognize the constraints imposed on urban development projects by
potential wetlands or high water tables. That is:
1. Wetlands are protected under State and Federal law, and as such, are considered no-
build areas unless appropriate and approved mitigation measures are undertaken.
2. High water tables on a property require special construction practices both for
infrastructure such as streets, and for structural development such as residences.
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B. Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated hydric soils must
include evidence demonstrating that all regulations of this Section will be met. Such plan
must include the following information:
1. Delineation of areas on the property where hydric soils exist.
2. Report from a wetland specialist regarding whether wetlands exist on the property.
3. Delineation of a construction area limit, if applicable, and specification of associated
restrictions thereof;
C. Regulations
1. If fully hydric soils exist on a property where development activity is proposed, the
property owner shall have a wetlands specialist verify whether wetlands exist on the
site. If wetlands are found to exist on the site, compliance with the wetlands
provisions of this Article will be required.
2. More stringent construction safeguards, as specified by the City, will be required for
streets and storm water management facilities located in fully hydric soils. Sump
pump discharge tiles and elevations of window openings may also be regulated, as
specified by the City.
D. Design Standards
To the extent possible, urban development projects will be designed so that areas of fully
hydric soils will be treated as an environmental asset; used for storm water detention,
wetland enhancement or buffers, protective greenbelts along stream corridors and
neighborhood open space.
14-51-11 Prairie Remnants
A. Purpose
The purpose of protecting prairie remnants is to:
1. Preserve the value of prairie remnants for holding soil in place, absorbing pollutants
and taking up large amounts of moisture. These functions are particularly important
when prairie remnants are located along stream banks, adjacent to wetlands or on
areas of highly erodible soil.
2. Protect and enhance the function of prairie remnants to provide wildlife habitat,
ecological diversity and environmental education opportunities in an urban setting.
B. Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated prairie remnants
must include evidence demonstrating that all regulations of this Section will be met. Such
plan must include the following: .
1. Delineation of all regulated prairie remnants on the property; and
2. Delineation of a construction area limit and specification of associated restrictions;
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C. Prairie Remnant Regulations
1. Development of properties containing prairie remnants one acre in size or larger that
are not associated with other sensitive features will be designed to retain the
maximum amount of prairie remnant possible, while not precluding reasonable,
beneficial use of the property.
2. Prairie remnants associated with other sensitive features, such as stream corridors,
wetlands, steep slopes, woodlands or a stand of significant trees will be treated as
environmental assets, and will be considered no-build areas to the extent possible,
and used for buffers, filter strips along waterways, or neighborhood open space.
14-51-12 Archaeolo ical Sites
A. Purpose
The purpose of regulating development of lands that contain archaeological sites is to:
1. Assure that sites that contain important information regarding the prehistory and
history of the area are identified, studied, protected, or properly excavated when
appropriate.
2. Allow the opportunity for documentation and study of important prehistoric and
historic sites.
3. Allow for the consideration of prehistoric and historic sites in the planning and
development of a property to minimize delays when it is determined that study or
excavation of such sites is necessary.
4. Provide for the early identification of human burial sites to ensure that the Code of
Iowa, as amended, regarding such burial sites is not violated and to avoid
unnecessary delays in subdivision development and subdivision redesign if such sites
are discovered after commencement of development.
B. Regulation of Archaeological Sites By Other Agencies
The approval of a Sensitive Areas Development Plan under the provisions of this Section is
in addition to the applicant's obligation to obtain permits required by other local, State or
Federal agencies, and does not alter the applicant's obligation to satisfy and obtain all
other applicable local, State or Federal regulations and permits.
C. Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated archaeological sites
must include evidence demonstrating that all regulations of this Section will be met. Such
plan must delineate any archaeological sites and any required buffer on the property and
must document efforts to retain or preserve significant archaeological sites and burial
grounds. The plan must also delineate a construction area limit, if applicable, and specify
any associated restrictions thereof.
D. Notification
When the Sensitive Areas Inventory Map - Phase I indicates that an archaeological site is
located in the quarter section within which a site plan, planned development or a
subdivision is proposed, the City will forward the site plan or subdivision plan to the State
Archaeologist and the State Historic Preservation Officer for an opportunity to comment.
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The State may notify the City if a recorded archaeological site exists within the area of the
site plan, planned development or subdivision. The State will also notify the City if the site
is of such archaeological importance that it requires further study by the State or a State-
approved archaeologist. If the State identifies such site, the Iowa City Historic Preservation
Commission or its successor shall be notified and may proceed toward historic designation
of the site as set forth in Article 14-8E, Historic Preservation Commission Approval
Procedures.
E. Archaeological Study
1. If it is determined by the State that further study of an archaeological site is
necessary, the City may approve a site plan, planned development or a subdivision,
subject to a requirement that the State or a State-approved archaeologist be allowed
to study the site and, if appropriate, complete an excavation of the site for the
purpose of documenting the significance of the site. The State shall have a period of
up to 30 calendar days in which the site is frost-free to study and, where appropriate,
excavate the site. This requirement shall not prevent or delay activities which are
approved under the grading ordinance, site plan review, planned development or
subdivision regulations for portions of the property which do not contain
archaeological materials.
2. The applicant may choose to hire an archaeologist approved by the State to complete
a study or excavation plan approved by the State. In this way, the study or
excavation work may be completed in a more timely manner.
F. Significant Archaeological Sites
1. If the State determines that the property includes a significant prehistoric or historic
site that cannot be studied and excavated within a 30 calendar day period, the site
plan, planned development or a subdivision plan may be approved subject to an
archaeological assessment plan, which specifies a period of time in which the State or
a State-approved archaeologist may document or excavate a site.
2. If the site is determined to be of such state or national significance that it should not
be disturbed, an attempt must be made to design the site plan, planned development
or subdivision plan to allow retention of the site as private or public open space.
G. Burial Grounds
When a site contains a human burial ground, the State Archaeologist shall determine the
significance of the burial ground and whether or not the human remains may be
disinterred. If the State Archaeologist determines that the human remains should not be
disturbed, the portion of the property containing the burial grounds plus a 20-foot buffer
around the burial grounds shall be set aside as permanent, private or public open space.
H. Discovery of Unrecorded Archaeological Sites
If, during the course of grading or construction, prehistoric artifacts, historic objects or
significant archaeological materials, such as human remains or a prehistoric human
settlement, are encountered, the City must be notified. The City must notify the State,
which may take steps to excavate and preserve the objects, if practical, or in the case of
human burial grounds, the State Archaeologist shall determine whether or not the human
remains can be disinterred. If it is determined that the human remains cannot be
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disinterred, the portion of the property containing the burial ground shall be returned to its
pre-construction condition by those persons responsible for the disturbance.
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Flood Plain Management Standards
Article J.
Flood Plain Management Standards
14-5J-1 Purpose
The purpose of this Article is to protect and preserve the rights and privileges and property of
Iowa City and its residents and to protect, preserve and improve the peace, safety, health,
welfare, comfort and convenience of its residents by minimizing flood losses. The provisions of
this Article are designed to:
A. Reserve sufficient flood plain area for the conveyance of flood flows so that flood heights
and velocities will not be increased substantially.
B. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood
or that cause excessive increases in flood heights or velocities.
C. Require that uses vulnerable to floods, including public utilities that serve such uses, be
protected against flood damage.
D. Assure that eligibility is maintained for property owners to purchase flood insurance
through the national flood insurance program.
14-5J-2 Applicabilitv and Interpretation
A. Application of Provisions
The regulations within this Article apply to all lands and uses that have significant flood
hazards. The Johnson County, Iowa and Incorporated Areas Flood Insurance Rate Map,
dated August 20, 2002, and any future revisions thereto, shall be used to identify such
flood hazard areas. All areas shown thereon located within the boundaries of the 100-year
flood event are considered to have significant flood hazards. Where uncertainty exists with
respect to the precise location of the 100-year flood boundary, the location will be
determined on the basis of the 100-year flood elevation at the particular site in question. It
shall be the responsibility of the property owner to obtain the accurate ground elevation
information for comparison with the lOO-year flood elevation. The Johnson County, Iowa
and Incorporated Areas Flood Insurance Study, as amended, is hereby adopted by
reference and is made a part of this Article for the purpose of administering flood plain
management regulations. Where lOO-year flood data has not been provided in the Flood
Insurance Study, the Iowa Department of Natural Resources or its successor shall be
contacted to compute such data, or the City Engineer shall compute such data.
B. Minimum Requirements
The provisions of this Article are considered minimum requirements and will be liberally
construed in favor of the governing body and will not be deemed a limitation or repeal of
any other powers granted by State statutes.
C. Abrogation and Greater Restrictions
It is not intended by this Article to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where this Article imposes greater restrictions,
the provisions of this Article shall prevail. Where more specific provisions herein conflict
with other provisions of this Title, this Article shall prevail.
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14-5J-3 Le al Authority and Findin s of Fact
A. Legal Authority
Chapter 4556, Code of Iowa, as amended, gives cities authority to adopt regulations
governing development and redevelopment within flood hazard areas, including
designation of flood hazard maps.
B. Legislative Findings
1. The flood hazard areas of Iowa City are subject to periodic inundation which can
result in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief and impairment of the tax base, all of which adversely affect the peace, safety,
health, welfare, comfort and convenience of its residents.
2. These flood losses, hazards, and related adverse effects are caused by the occupancy
of flood hazard areas by uses vulnerable to flood damages. Such uses create
hazardous conditions as a result of being inadequately elevated or otherwise
protected from flooding and the cumulative effect of obstructions on the flood plain
causing increases in flood heights and velocities.
3. This Article relies upon engineering methodology for analyzing flood hazards, which is
consistent with the standards established by the Iowa Department of Natural
Resources or its successor.
14-5J-4 Compliance with Provisions; Nonconformin Situations
A. Except as provided in subsection B, below, no structure or land shall hereafter be used
and no structure shall be located, enlarged, converted or structurally altered without full
compliance with the terms of this Article.
B. If a structure that is not in compliance with the provisions of this Article lawfully existed
prior to May 2, 1977 and has existed continuously without abandonment since that time,
then improvements may be made to the structure, notwithstanding the provisions of this
Article, provided such improvements do not constitute a substantial improvement as
defined in Article 14-9F, of this Title, Flood Plain Management Definitions. However,
structures, uses, or development that are nonconforming with regard to other provisions
of this Title must comply with the applicable regulations contained in Article 14-4E,
Nonconforming Situations.
14-5J-5 Enforcement
A. Enforcement Official Designated
The Building Official shall administer and enforce the provisions of this Article.
B. Duties and Responsibilities
Duties and responsibilities of the Building Official include, but are not necessarily limited to
the following:
1. Record and maintain a record of the elevation (in relation to National Geodetic
Vertical Datum) of, the lowest floor of all new or substantially improved buildings or
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/
the elevation to which new or substantially improved structures have been
flood proofed.
2. Notify adjacent communities or counties and the Iowa Department of Natural
Resources, or its successor, prior to any proposed alteration or relocation of a
watercourse.
3. Keep a record of all permits, appeals, variances and other such transactions and
correspondence pertaining to the administration of this Article.
14-5J-6 Flood Plain Development Permit
A. Permit Required
A Flood Plain Development Permit, issued by the Building Official, must be obtained prior
to initiation of any development within the lOO-year flood plain according to the applicable
review and approval procedures contained in Article 14-8B, Administrative Approval
Proced ures.
B. Compliance
Flood Plain Development Permits based on approved plans and applications authorize only
the use, arrangement, and construction set forth in such approved plans and applications.
Prior to use or occupancy of any structure, the applicant will be required to submit
certification by a professional engineer or land surVeyor, registered in the State, that the
finished fill, building floor elevations, flood proofing or other flood protection measures
were accomplished in compliance with the provisions of this Article. Any use, arrangement
or construction not in compliance with the uses authorized will be deemed a violation of
this Article.
14-5J-7 General Flood Plain Mana ement Standards
All properties subject to the regulations of this Article must comply with the following applicable
performance standards.
A. General Construction Requirements
All structures shall be:
1. adequately anchored to prevent flotation, collapse or lateral movement of the
structure; and
2. constructed with materials and utility equipment resistant to flood damage; and
3. constructed by methods and practices that minimize flood damage.
B. Residential Buildings
1. All new or substantially improved residential structures must have the lowest floor,
including basement, elevated a minimum of one foot above the lOO-year flood
elevation.
2. Where existing topography, street grades, or other factors preclude elevating by fill,
alternate methods of elevating, such as piers, may be allowed, subject to approval of
a special exception by the Board of Adjustment. In such a case, convincing evidence
must be presented to the Board of Adjustment that the methods used will be
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adequate to support the structure as well as withstand the various forces and
hazards associated with flooding. .
C. Nonresidential Buildings
1. All new or substantially improved nonresidential buildings must have the first floor,
including basement, elevated a minimum of one foot above the lOO-year flood
elevation or, together with attendant utility and sanitary systems, be flood proofed to
such a level.
2. When f1oodproofing is utilized, a professional engineer registered in the State shall
certify that the flood proofing methods used are adequate to withstand the flood
depths, pressures, velocities, impact and uplift forces and other factors associated
with the lOO-year flood event, and that the structure below the lOO-year flood
elevation is watertight with walls substantially impermeable to the passage of water.
Such certification must also indicate the specific elevation, in relation to National
Geodetic Vertical Datum, to which any structures are flood proofed. A record of this
certification will be retained in the office of the Building Official.
D. All New and Substantially Improved Structures
1. Fully enclosed areas below the "lowest floor" that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs for meeting this requirement
must either be certified by a registered professional engineer or meet or exceed the
following minimum approval criteria:
a. There must be a minimum of 2 openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves or other coverings or
devices, provided the openings permit the automatic entry and exit of
floodwaters.
2. New and substantially improved structures must be designed or modified and
adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy. .
3. New and substantially improved structures must be constructed with electrical,
heating, ventilation, plumbing and air-conditioning equipment and other service
facilities that are designed and located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
E. Manufactured Housing
Manufactured housing, including those placed in existing manufactured housing parks,
planned developments, or subdivisions, must be:
1. Anchored to resist flotation, collapse or lateral movement.
2. Elevated on a permanent foundation such that the lowest floor of the structure is a
minimum of one foot above the lOO-year flood elevation.
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F. Utility and Sanitary Systems
1. All new or replacement on-site sewage waste disposal systems must be located or
designed to avoid impairment to the system or contamination from the system during
flooding.
2. New or replacement water supply systems must be designed to minimize or eliminate
infiltration of floodwaters into the system. Water supply facilities must be provided
with a level of protection equal to or greater than one foot above. the 100-year flood
elevation.
3. Utilities, such as gas or electrical systems, must be located and constructed to
minimize or eliminate flood damage to the system and the risk associated with such
flood damage or impaired systems.
G. Storage of Flammable, Explosive or Injurious Materials
Storage of materials and equipment that are flammable, explosive or injurious to human,
animal or plant life is prohibited unless elevated a minimum of one foot above the 100-
year flood elevation. Other material and equipment must either be similarly elevated or:
1. not be subject to major flood damage and be anchored to prevent movement due to
flood waters or;
2. be readily removable from the area within the time available after flood warning.
H. Flood Control Structural Works
Flood control structural works, including but not limited to levees and flood walls, must
provide, at a minimum, protection from a 100-year flood event with a minimum of 3 feet
of design freeboard and must provide for adequate interior drainage. In addition, flood
control structural works must be approved by the Iowa Department of Natural Resources
or its successor.
I. Inhibiting Floodways and Drainage Facilities
No use shall affect the capacity or conveyance of the channel or f100dway of any tributary
to the main stream, drainage ditch or other drainage facility or system.
J. Subdivisions
Subdivisions and Planned Developments, including manufactured housing parks, must be
designed to minimize flood damage and must have adequate drainage provided to reduce
exposure to flood damage, and must meet the applicable performance standards
established by the City Engineer. Any subdivision, planned development, or manufactured
housing park intended for residential development must provide all lots with a means of
vehicular access that will remain passable during occurrence of the 100-year flood event.
K. Accessory Structures
The exemption of detached garages, sheds and similar structures from the lOO-year flood
elevation requirements may result in increased premium rates for insurance coverage of
the structure and contents; however, said detach eo garages, sheds and similar accessory
type structures are exempt from the lOO-year-f1ood elevation requirements when all of the
following conditions exist:
1. The structure is not used for human habitation.
2. The structure is designed so as to have low flood damage potential.
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3. The structure is constructed and placed on the building site so as to offer minimum
resistance to the flow of flood waters.
4. The structure is firmly anchored to prevent flotation, which may result in damage to
other structures.
5. The service facilities for the structure, such as electrical and heating equipment, are
elevated or flood proofed to at least one foot above the lOO-year flood elevation.
14-5J-8 Special Floodway Provisions
In addition to the general flood plain standards listed above, uses within the f100dway must
meet the following applicable standards.
A. No use is permitted in the f100dway that would increase the lOO-year flood elevation,
unless approved by the Iowa Department of Natural Resources or its successor.
B. All uses within the f100dway must:
1. Be consistent with the need to minimize flood damage; and
2. Use construction methods and practices that will minimize flood damage; and
3. Use construction materials and utility equipment that are resistant to flood damage.
C. No use is permitted that would affect the capacity or conveyance of the channel or
f100dway or any tributary to the main stream, drainage ditch or any other drainage facility
or system.
D. Structures, buildings and sanitary and utility systems, if permitted, must meet the
applicable general flood plain management standards and must be constructed 6f and
aligned to present the minimum possible resistance to flood flows.
E. Buildings, if permitted, must have low flood damage potential and must not be used for
human habitation.
F. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to
human, animal or plant life is prohibited. Storage of other material may be allowed if
readily removable from the f100dway within the time available after flood waming.
G. Watercourse alterations or relocations, including channel changes and modifications, must
be designed to maintain the flood-carrying capacity within the altered or relocated portion.
In addition, such alterations or relocations must be approved by the Iowa Department of
Natural Resources or its successor.
H. Any fill or stream bank erosion control projects allowed in the f100dway must have some
beneficial purpose and will be limited to the minimum amount necessary.
I. Pipelines that cross rivers or streams must be buried in the streambed and banks or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering or due to action of flood flows.
14-5J-9 Variances
The Board of Adjustment may authorize, upon request, in specific cases, such variances from
the terms of this Article that will not be contrary to the public interest where, owing to special
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conditions, a literal enforcement of the provisions of this Article will result in unnecessary and
undue hardship. To ensure that the spirit of the ordinance is observed and substantial justice
done, no variance to the strict application of any provision ofthis Article shall be granted by the
Board unless the applicant demonstrates that all of the following approval criteria are met. In
addition, the applicant must meet all the provisions and general approval criteria for variances
as stated in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
A. Approval Criteria
1. No variance shall be granted for any development within the f100dway that would
result in any increase in flood elevation during the occurrence of the lOO-year flood
event, unless approved by the Iowa Department of Natural Resources or its
successor.
2. Variances shall only be granted upon a showing of good and sufficient cause, and a
determination that the granting of the variance will not result in increased flood
elevation, additional threats to public safety, extraordinary public expense, create
nuisances or cause fraud on or victimization of the public.
3. Variances shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of flood protection for buildings
than what is ordinarily required by this Article, the applicant shall be notified, in
writing, over the signature of the Building Official, that the issuance of a variance will
likely result in increased premium rates for flood insurance.
5. All variances granted shall have the concurrence or approval of the Iowa Department
of Natural Resources or its successor.
B. Factors for Consideration
When considering applications for variances, the Board of Adjustment will consider all
relevant factors specified in other sections of this Artk:le in addition to the following
factors:
1. The danger to life and property due to increased flood elevation or velocities caused
by encroachments.
2. The danger that materials may be swept on to other land or downstream to the
injury of others.
3. The importance of the services provided by the proposed facility to the community.
4. Such other factors that are relevant to the purposes of this Article.
C. Conditions of Approval
Upon consideration of the factors and approval criteria listed above, the Board of
Adjustment may attach such conditions and safeguards to the granting of a variance as it
deems necessary to fulfill the purposes and intent of the provisions of this Article.
14-5J-10 Amendments
The regulations and standards set forth in this Article may, from time to time, be amended,
supplemented, changed or repealed. No amendment, supplement, change or modification shall
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be undertaken without prior approval of the Iowa Department of Natural Resources or its
successor.
14-5J-11 Warnin and Disclaimer of Liability
The degree of flood protection required by this Article is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by human-made or natural causes, such as
ice jams and bridge openings restricted by debris. This Article does not imply that areas outside
the regulated areas, including flood hazard maps, or that uses permitted within the regulated
areas will be free from flooding or flood damages. This Article shall not create liability on the
part of Iowa City or any officer or employee thereof for any flood damages that result from
reliance on this Article or any administrative decision lawfully made hereunder.
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14-5K
. Neighborhood Open Space Requirements
Article K. Neighborhood Open Space Requirements
14-5K-l Purpose
The Neighborhood Open Space Requirements ensure that adequate usable neighborhood open
space, parks and recreation facilities are provided in a manner that is consistent with the
Neighborhood Open Space Plan, as amended, by using a calculable method to equitably
apportion the costs of acquiring and developing land for those purposes. The provisions of this
Article require development, which creates increased needs for neighborhood open space
("open space impact"), to pay a proportionate share of the City's capital improvements to fulfill
said open space impact. Usable neighborhood open space includes pedestrian/bicycle trails,
preferably located within natural greenway systems, and neighborhood parks that serve nearby
residents. Portions of larger community parks may be adapted for neighborhood use, but this
Article is not intended to fund the acquisition of community parks or large playing fields for
organized sports. This Article is also intended to encourage, wherever reasonably feasible, the
dedication of sensitive areas in conjunction with usable open space.
14-5K-2 Applicability
As a condition of approval for residential subdivisions, commercial subdivisions containing
residential uses, and planned developments, the applicant shall dedicate land, pay a fee in lieu
of land, or a combination thereof, for park, greenway, recreational and open space purposes, as
determined by the City and in accordance with the provisions of this Article.
14-5K-3 Dedication of Land
A. Amount of Land to be Dedicated
The amount of land dedication shall be determined by the following formula. This formula
is deemed a reasonable calculation of the additional need for neighborhood open space
created by the subject subdivision or planned development.
A x 0.65DU x PDU x 3/1000, where
A = Acres of undeveloped property;
DU = Maximum dwelling units per undeveloped acre (43,560 divided by the minimum
lot area requirement for the highest density residential use allowed in the subject
base zone);
0.65 = This percentage figure reflects the average development density occurring in
Iowa City;
PDU = Persons per dwelling unit based on the most recent census; and
3/1000 = The community standard of acres for active neighborhood open space
required per 1,000 persons, as determined by the formulas set out in the
Neighborhood Open Space Plan, as amended.
B. Nature of Land to be Dedicated
Except as otherwise required by the City, all dedications of land shall meet the following
criteria:
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1. Usability
At least 90 percent of the land required to be dedicated shall be located outside of
f1oodways, lakes or other water bodies, areas with slopes greater than 15 percent,
wetlands subject to Federal or State regulatory jurisdiction and other areas the City
reasonably deems unsuitable for neighborhood open space due to topography,
flooding or other appropriate considerations. Dry bottom stormwater detention
facilities and dry creek areas may be credited toward reaching a portion of the
required land dedication when the City determines that such areas are suitable for
use as neighborhood open space. The City encourages the dedication of lakes,
ponds, creeks, other water bodies, wetlands falling under the jurisdiction of State or
Federal agencies and other sensitive areas including woodland areas, both as 10
percent of and in addition to the dedicated land required by this Article, if sufficient
abutting land is dedicated as a usable, public recreation area or park.
2. Unity
The dedicated land shall form a single parcel of land, except where the City
determines that 2 or more parcels or greenwaysjtrails would best serve the public
interest, given the type and distribution of neighborhood open space needed to
adequately serve the proposed development. If the City determines that 2 or more
parcels would best serve the public interest, the City may require that such parcels be
connected by a dedicated strip of land at least 20 feet wide in order to provide access
and continuity between said parcels.
3. Location
The dedicated land shall be located so as to reasonably serve the recreation and
open space needs of the residents of the subdivision or planned development.
4. Shape
If a sufficient amount of land is dedicated to accommodate recreational facilities and
activities, such as fields, courts or playground equipment, the shape of the dedicated
land shall be suitable for such facilities and activities. Linear open space should be of
sufficient width to accommodate trails and adjacent greenways.
5. Access
a. GreenwaysjTrails
Public access to greenways/trails shall be provided by a public access easement
at least twenty 20 feet in width. In addition, greenwaysjtrails shall be connected
to existing or proposed greenwaysjtrails on adjacent property.
b. Parks
Public access to the dedicated land to be used for parks shall be provided either
by adjoining public street frontage or by a dedicated public access easement at
least 50 feet in width, which connects the dedicated land to a public street or
right-of-way. The grades adjacent to existing and proposed streets shall permit
reasonable access to the dedicated land. The parcel shall be safely accessible to
pedestrian traffic.
6. Responsibility for Site Preparation
a. The City may require the subdivider or developer to grade and seed those
portions of the dedicated land to be improved prior to dedication of the property
and prior to City's acceptance of the dedication.
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b. Where the dedicated land is located adjacent to a street, the subdivider or
developer shall remain responsible for the installation of utilities, sidewalks and
other improvements required along that street segment.
c. Prior to dedication, the subdivider or developer shall be responsible for restoring
satisfactory ground cover and controlling erosion on land to be dedicated that
has been disrupted as a result of development activities by the subdivider or
developer.
C. Procedure for Dedication of Land
1. The dedication of land shall be reviewed as part of the preliminary subdivision plat or
preliminary Planned Development Plan, whichever is applicable. The subdivider or
developer shall designate the area or areas of land to be dedicated pursuant to this
Article on the preliminary subdivision plat or Planned Development Plan. Where
wetlands have been delineated on the property, the preliminary subdivision plat or
Planned Development Plan shall also identify the boundaries of such wetlands.
2. Upon receipt of the preliminary subdivision plat, the Director of Planning and
Community Development (PCD) shall submit a copy to the Director of the
Department of Parks and Recreation for review by the Parks and Recreation
Commission. The Parks and Recreation Commission shall submit recommendations
concerning the land to be dedicated to the Planning and Zoning Commission within
21 business days of the receipt of a complete application for preliminary subdivision
plat or preliminary planned development.
3. Once the final subdivision plat or final planned development is approved and any
public improvements required to be installed by the subdivider or developer within
the land to be dedicated have been installed, approved, and accepted by the City,
and the subdivider or developer has completed site preparation pursuant to
paragraph 14-5K-3B-6, above, the subdivider or developer shall provide a properly
executed warranty deed conveying the dedicated land to the City within 2 years of
final plat approval (or final planned development approval) or by the time the City
issues 50 percent of the certificates of occupancy for the subdivision, at the discretion
of the City, or as otherwise specified in the subdivider's or developer agreement.
4. The City shall formally accept the dedication of land for open space, parkland or
greenwaysjtrails by resolution.
14-SK-4 Payment of Fees in Lieu of Land Dedication
A. General
The payment of fees in lieu of dedication of land may occur at the request of the
subdivider or developer with approval by the City, or may be required by the City. The
payment of fees in lieu of land dedication shall be reviewed and approved as part of the
preliminary subdivision plat or preliminary planned development.
B. Request by Subdivider or Developer
1. If a payment in lieu of open space is requested, the subdivider or developer must
include such request in a letter submitted with the application for a preliminary
subdivision or preliminary planned development, whichever is applicable.
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2. The PCD Director will forward a copy of the preliminary subdivision plat or preliminary
planned development, along with a copy of the letter requesting payment of fees in
lieu of land dedication to the Director of the Department of Parks and Recreation for
review by the Parks and Recreation Commission. The Commission shall submit any
and all recommendations concerning the payment of fees in lieu of dedication to the
Planning and Zoning Commission within 21 business days of the date a complete
application for preliminary subdivision plat or planned development is submitted.
3. The Planning and Zoning Commission will consider the request for payment of fees in
lieu of land dedication during the subdivision or planned development review process
and forward its recommendations to the City Council.
C. Determination of Fees in Lieu of Dedication Criteria
The City may, at its discretion, require the payment of fees in lieu of the subdivider
dedicating land, if the City finds that all or part of the land required for dedication is not
suitable for public recreation and open space purposes, or upon a finding that the
recreational needs of the proposed subdivision can be met by other park, greenway, or
recreational facilities planned or constructed by the City within reasonable proximity to the
subdivision. The City shall consider the following factors in making its determination:
1. Recreational and open space elements of the City Comprehensive Plan, as amended,
and the relation of the subdivision to the proposed open space and recreational
areas;
2. Topographic and geologic conditions of the land available for dedication;
3. Size, shape, location of and access to the land available for dedication;
4. The character and recreational needs of the neighborhood where the subdivision is
located;
5. The costs of developing open space and recreational areas in the subdivision;
6. The actual or potential development of open space and recreational areas on land
adjacent to the subdivision which will serve the needs of the subdivision;
7. Recommendations of staff, the Parks and Recreation Commission and the Planning
and Zoning Commission; and
8. Any other relevant information.
D. Time of Payment
Fees in lieu of dedication must be paid in full by the subdivider/developer prior to the
issuance of the first building permit for a lot in the subdivision or planned development.
E. Amount of Payment
The fee shall be equal to the fair market value of the land that otherwise would have been
required for dedication. The fair market value of the undeveloped land shall be determined
by a qualified real estate appraiser who is acceptable to both the City and the subdivider
or developer. The City and subdivider/developer will equally share the appraisal costs.
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14-SK-S Requirin Both Dedication of Land and Payment of a Fee
The City may, at its discretion, require a subdivider or a developer of a planned development to
dedicate a portion of the land required under the formula set forth in this Article, and also to
pay a fee in lieu of dedication for the remaining portion of the land by said formula. The fee for
the remaining portion shall be determined by a qualified real estate appraiser who is acceptable
to both the City and subdivider or developer. The City and subdivider/developer will equally
share the appraisal costs.
14-SK-6 Use of Funds
A. The City's Neighborhood Open Space Plan, as amended, divides the City into
Neighborhood Open Space Districts. All payments in lieu of dedication shall be deposited in
a special neighborhood open space account designated by the name of the contributing
development. All payments will be used to acquire or develop open spaces, parks,
recreation facilities and greenways/trails that are located within the Neighborhood Open
Space District containing the subject subdivision or planned development and will benefit
the residents of the subdivision or planned development for which payment has been
made.
B. The City must use the payment in lieu of dedication within five years from the date
received. This period will be automatically extended an additional five years if the
subdivider/developer has not constructed at least 50 percent of the units within the
subdivision or planned development for which payment in lieu of dedication has been
made.
C. If the City has not spent the funds by the last day of the five-year period or, if extended,
by the last day of an additional five years, the City shall within 90 days thereafter mail to
the property owner, at the address on file with the Johnson County Treasurer's Office, a
proportional refund based on the percentage of the platted lots they own of the total
platted lots in the subdivision or planned development. The subdivider's
agreement/development agreement for each subdivision/planned development for which
the subdivider/developer has made payments in lieu of dedication shall inform all property
owners and successors in interest to properties in the subdivision/planned development of
the right to a refund as provided for herein.
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CHAPTER 6. AIRPORT ZONING
Insert former 14-8, Airport Zoning - No text changes to this chapter
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14-7A
Boards and Commissions
CHAPTER 7. ADMINISTRATION
Article A. Boards and Commissions
14-7A-l Plannin and Zonin Commission
A. Commission Established; Membership; Compensation
The Planning and Zoning Commission consists of 7 members who shall be appointed by
the Mayor, subject to the provisions of the Code of Iowa, as amended, and the approval of
the City Council. All members of the Commission shall be qualified electors of the City of
Iowa City. Commission members shall serve without compensation.
B. Purpose
In order to provide for the general welfare of the citizens of Iowa City, a Planning and
Zoning Commission is established to advise the City Council on all matters pertaining to
the physical development of Iowa City, including the Comprehensive Plan and any laws
pertaining to land development necessary to implement the Comprehensive Plan.
C. Powers and Duties
The Planning and Zoning Commission shall have the following powers, in addition to any
other conferred by law:
1. Make such surveys, studies, maps, plans or plats of the whole or any portion of the
City and of any land outside the City which, in the opinion of the Commission, bears
relation to the City's COmprehensive Plan. The Commission shall submit such surveys,
studies and plans to the City Council along with its recommendations and it may
publish the same.
2. Make recommendations to the City Council regarding planned developments and
plats or replats of subdivisions in the City which show streets, alleys or other areas
intended to be dedicated for public use.
3. Make recommendations for streets, parks, rights of way, boulevards, trafficways, or
other public improvements or for the vacation thereof.
4. Carry on comprehensive studies of present conditions and future growth of the City in
order to guide and achieve a coordinated and harmonious development of the City in
accordance with the City's present and future needs to the end that the health,
safety, order, convenience, prosperity and general welfare of the community may be
best promoted.
5. Prepare a Zoning Ordinance regarding the height, number of stories and size of
buildings and other structures, the percentage of ground that may be occupied, the
size of yards, courts and other open spaces, the density of population, and the
location, design, and use of buildings, structures and land for commercial, industrial,
residential or other purposes. To this end, the Commission shall prepare a preliminary
report regarding any proposed amendments to the Zoning Ordinance and hold public
meetings thereon. After such meetings have been held, the Commission shall also
submit a final report and recommendations to the City Council. The Commission shall
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hold public meetings on and make recommendations to City Council regarding
repealing amendments to the Zoning Ordinance.
6. Conduct public hearings on and adopt a Comprehensive Plan and recommend to the
City Council, from time to time, as conditions require, amendments, supplements,
changes or modifications to the Comprehensive Plan.
7. Do all things necessary or advisable in order to carry out the intent and purpose of
this Article and State law.
D. Commission Bylaws
The Commission shall adopt bylaws to establish the time and place of meetings, the
procedure for selecting a chairperson and vice chairperson, who shall act as chairperson
when the chairperson is absent or abstaining, and a secretary and such other bylaws as
are necessary to implement the provisions of this Article. Copies of all bylaws shall be kept
on file in the Department of Planning and Community Development and in the office of the
City Clerk.
14-7A-2 Board of Ad'ustment
A. Board Established; Membership; Compensation
The Board of Adjustment shall consist of five members appointed by the Mayor with the
consent of the City Council for a term of five years. Members shall be qualified electors of
Iowa City. A majority. of the members of the Board shall be persons representing the
public at large; a majority of the Board shall not be involved in the business of purchasing
or selling real estate. Board members shall serve without compensation.
B. Purpose
The purpose of the Board is to provide relief from the requirements of the Zoning Title
when a variance is warranted, provide extra scrutiny in cases where special exceptions
allowed by this Title are requested, and provide an avenue for appeal of administrative
decisions regarding the enforcement and implementation of this Title. The decisions of the
Board should serve the public interest, meet the intent of this Title, and be consistent with
the Comprehensive Plan of the City, as amended.
C. Powers and Duties
The Board shall have the following powers:
1. Appeals
To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by the City Manager or designee in the
enforcement of this Title or of any ordinance adopted pursuant thereto.
2. Special Exceptions
To hear and decide applications for special exceptions to the terms of this Title in
accordance with the general and specific approval criteria set forth in this Title and
specifically in Chapter 4, Article B, Variances, Special Exceptions, and Provisional
Uses.
3. Variances
To authorize upon appeal in specific cases such variances from the terms of this Title
as will not be contrary to the public interest, where owing to special conditions a
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Boards and Commissions
literal enforcement of the provisions of this Title will result in unnecessary hardship
and so the spirit of the ordinance shall be observ.ed and substantial justice done. No
variance to the strict application of any provision of this Title shall be granted by the
Board unless the applicant demonstrates that all of the approval criteria for variances
set forth in Article 14-4B, Variances, Special Exceptions, and Provisional Uses, have
been met.
D. Procedural Rules
The Board shall adopt rules to establish the time and place of meetings, the procedure for
selecting a chairperson and vice chairperson, who shall act as chairperson when the
chairperson is absent or abstaining, and such other procedural rules as are necessary to
implement the provisions of this Article. Copies of all rules shall be kept on file in the office
of the Board's secretary and in the office of the Oty Clerk. The chairperson or, in the
chairperson's absence, the acting chairperson may administer oaths or compel the
attendance of witnesses.
14-7A-3 Historic Preservation Commission
A. Commission Established; Membership; Compensation
The Historic Preservation Commission consists of at least 7 members who shall be
appointed by the Mayor for terms of three years, subject to the provisions of the Code of
Iowa, as amended, and the approval of the City Council. All members of the Commission
shall be qualified electors of the City of Iowa City. At least one resident of each designated
historic district shall be appointed to the Commission. Other members shall be chosen at
large from any part of the City and shall have some expertise in history, urban planning,
architecture, archaeology, law, sociology or other closely related field, or shall demonstrate
interest in the area of historic preservation. At least 4 of the members shall hold
appointments at large. Should the number of officially designated historic districts exceed
3 in number, a new member shall be added to the Commission for each new district in
excess of 3 districts. The new member shall be appointed by the City Council as soon as
practicable after the official designation of the historic district triggering the operation of
the preceding clause.
B. Purpose
The purpose of the Historic Preservation Commission is to:
1. Promote the educational, cultural, economic and general welfare of the public
through the protection, enhancement and perpetuation of historic districts and
historic and cultural landmarks located in the City;
2. Safeguard the City's historic, aesthetic and cultural heritage by preserving districts,
historic landmarks and properties of historical, architectural and cultural significance;
3. Stabilize and improve property values by conserving historic properties;
4. Foster civic pride in the legacy of beauty and achievemehts of the past;
5. Protect and enhance the City's attractions to tourists and visitors and thereby support
and stimulate business;
6. Strengthen the economy of the City; and
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7. Promote the use of districts of historic and cultural significance as sites for the
education, pleasure and welfare of the people of the City.
C. Powers and Duties
1. The Commission shall be authorized to conduct studies for the identification and
designation of "conservation districts", "historic districts" and "historic landma~s"
meeting the definitions established by this Title. The Commission may proceed at its
own initiative or upon a petition from any person, group or association.
2. The Commission shall review and act upon all applications for Certificates of
Appropriateness.
3. The Commission shall further the efforts of historic preservation in the City by making
recommendations to the City Council and City commissions and boards on
preservation issues when appropriate, by encouraging the protection and
enhancement of structures with historical, architectural or cultural value, and by
encouraging persons and organizations to become involved in preservation activities.
D. Commission Bylaws
The Commission shall adopt bylaws to establish the time and place of meetings, the
procedure for selecting a chairperson and vice chairperson, and such other bylaws as are
necessary to implement the provisions of this Article. The Commission shall have the
authority to adopt rules of procedure in connection with the approval or disapproval of
certificates of appropriateness subject to approval of the City Council. Copies of all bylaws
shall be kept on file in the Department of Planning and Community Development and in
the office of the City Clerk.
E. Secretary
The City Manager shall designate a person to serve as secretary to the Commission. The
secretary shall keep a record of all applications for certificates of appropriateness,
resolutions, proceedings, and actions of the Historic Preservation Commission and may be
authorized to make decisions regarding applications for minor histOric reviews.
F. Design Review Subcommittee
The Commission shall have the authority to establish a historic preservation design review
subcommittee to review and make recommendations to the Commission regarding
applications for certificates of appropriateness. Said subcommittee shall consist of three
members of the Commission, appointed annually by the Commission.
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Development Fees
Article B. Development Fees
14-7B-1 Le islative Findin s
The City Council finds, determines and declares the following as legislative facts:
A. Residential development and redevelopment in the Near Southside Neighborhood
(Neighborhood), will create an increased demand and need for off-street parking; that
such development and redevelopment will have an impact on the Municipal Parking Facility
system; and that without the provision of adequate off-street motor vehicular parking
spaces, such development and redevelopment would create undue traffic congestion and
generally be contrary to the health, safety and welfare of the citizens of Iowa City.
B. Due to the Neighborhood's proximity to the downtown area, it is undesirable to devote
significant portions of development sites to parking in the Near Southside Neighborhood,
since it is in the public interest to develop land now available in the Neighborhood for
more intensive residential uses.
C. New residential development in that portion of the Near Southside Neighborhood referred
to as the "Near Southside Parking Facility District" will create an increased demand for
additional off-street parking, which demand should be met by and/or paid for by the
development itself according to the proportionality of the development's impact upon
existing off-street parking facilities, and the development's creation of increased demand
for additional off-street parking facilities.
D. The City needs to expand its parking facility system to accommodate new residential
development in order to ensure adequate off-street parking and the City Council
recognizes such expansion is necessary to promote and protect the public health, safety
and welfare.
E. The increased need and demand for off-street parking created by new residential
development in the Near Southside Parking Facility District is reasonably and rationally
related to the development's payment of a proportionate share of a new Municipal Parking
Facility or facilities, and a "payment in lieu of off-street parking" is a reasonable and
rational method to further the City's goals of promoting and facilitating intensive economic
development near the downtown area, and at the same time minimizing the use of large
land masses for private parking lots.
F. The imposition of parking impact fees is reasonably and rationally calculable method of
ensuring that new development bears a proportionate share of the cost of parking facilities
necessary to accommodate the resulting increased demand for off-street parking created
by the new development, and the Council wishes to avail itself of this method.
G. The fee established according to this Article is directly derived from, based on and does
not exceed the cost of providing additional off-street City parking facilities as a capital
improvement cost necessitated and generated by the new residential development for
which the fee is to be charged.
H. City involvement in the expansion of the parking facility system as a capital improvement
is appropriate due to the scale and cost of such facilities, and is necessary due to the
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Development Fees
proximity of the Neighborhood to the downtown area and the expected high use levels of
such a parking facility system.
I. The fee established by this Article does not constitute a tax.
14-78-2 Title and Authority
A. This article shall be known and may be cited as the Near Southside Neighborhood Parking
Facility District Impact Fee Ordinance.
B. The City Council has the authority to adopt this Article under its home rule powers,
pursuant to the Constitution of the State of Iowa, as amended, the Code of Iowa, as
amended, and the United States Constitution, as amended.
14-7B-3 Intent and Purpose
A. This Article is intended to assist in the implementation of the Iowa City Comprehensive
Plan, as amended, and the Near Southside Neighborhood Redevelopment Plan, as
amended.
B. The purpose of this Article is to regulate the use and development of land so as to ensure
that new residential development in the Near Southside Neighborhood bears a
proportionate share of the capital improvement costs necessary to meet the additional
parking needs and demands caused by development in this Neighborhood, and to do so by
paying a portion of the costs needed to meet the need for off-street parking in a Municipal
Parking Facility within the Near Southside Parking Facility District of lQ\-va City.
14-78-4 Application of Provisions
This Article shall apply to all real property within the Near Southside Facility District, Where the
provisions hereof are in conflict with other provisions of this Title, or in conflict with the Near
Southside Neighborhood Redevelopment Plan, as amended, the provisions hereof shall prevail.
14-78-5 Definitions
As used in this Article, the following definitions shall apply:
CAPITAL IMPROVEMENT COST: Includes costs of design, engineering, necessary
consultants, construction, financing of a capital improvement including debt service,
land acquisition, site improvements, and buildings and equipment necessary for a
City Off-street parking facility, but excludes maintenance and operation of such
facility.
MUNICIPAL PARKING FACILITY: A Commercial Parking Facility owned and operated
by the City, and designed to accommodate the off-street parking of motor vehicles as
a capital improvement. Such parking may be located in a structured parking facility, a
surface lot or a combination thereof.
NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded
by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate
Railway Main Line on the south and Madison Street on the west, except for Blocks 10
and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition, Lots
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Development Fees
3, 4, 5, and east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County
Seat Addition, and Lots 10-15, Lyon's First Addition.
RESIDENTIAL FEE PAYOR: A person applying for the issuance of an occupancy permit
for residential development in the Near Southside Parking Facility District.
14-7B-6 1m lementation of Fee
A. Any person who, after the effective date hereof, seeks to develop land within the Near
Southside Parking Facility District by applying for an occupancy permit for a residential use
for which additional parking is required, is thereby required to pay a proportionate share of
the capital improvement costs necessary to meet the additional off-street parking needs
and demand created by such development by contributing a proportional share of the
costs of a Municipal Parking Facility, which share shall be a "parking faCility impact fee" to
be paid in the manner and amount set forth in this Article.
B. No new occupancy permit for a residential use requiring the payment of an impact fee
pursuant to this Article shall be issued unless and until the parking facility impact fee
hereby required has been paid.
14-7B-7 Computation of Fee Amount
A. Cost Estimates
The parking facility impact fee imposed by this Article is based on current best estimates
of the capital improvement costs of the construction of a parking facility or facilities in the
Near Southside Parking Facility District. Based on 1992 architects' estimates of
construction costs of ten thousand dollars ($10,000.00) per parking space constructed and
land costs of approximately sixteen dollars ($16.00) per square foot, the City Council finds
that such capital improvement costs total in the amount of at least twelve thousand dollars
($12,000.00) per parking space in 1992 dollars.
B. Apportionment
The City Council further finds that given current Department of Planning and Community
Development estimates of new residential development in the Near Southside Parking
Facility District, and given the City's ability to manipulate City parking. system rates,
monthly permit policies and on-street parking ordinances, the use of an off-street parking
facility in the Near Southside Parking Facility District will be apportioned as follows: 33-
1/3% to users attributable to new residential development in the Near Southside Parking
Facility District; and 66-2/3% to users from other areas.
C. Cost Per Space
Based on the foregoing, the amount of the parking facility impact fee required by this
Article, in 1992 dollars, shall be $4,000.00 per parking space for residential uses. The
parking facility impact fee shall be adjusted annually according to provisions of subsection
F of this Section.
D. In-Lieu Payment
In order that available land in the Near Southside Parking Facility District is intensively
used, and that a portion of residential parking is combined in a City off-street parking
facility or facilities, rather than scattered throughout the Near Southside Parking Facility
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Development Fees
District, the City Council finds that the residential parking facility impact fee shall be paid
for a minimum of 75% of the parking spaces otherwise required according to Article 14-
SA, Off-street Parking and Loading Standards, for residential uses in the C6-5 Zone; if
fewer than 25% of the required spaces are provided on site, the fee shall be increased
accordingly and if more than 25% of the required spaces are provided. on site, the fee
shall be 75%. In lieu of providing 50% of the parking spaces otherwise required according
to Article 14-5A, Off-street Parking and Loading Standards, for residential uses in all other
zones of the Near Southside Parking Facility District, a fee shall be paid. The City Council
further finds that this parking facility impact fee is reasonably and rationally related to the
increased off-street parking need or impact created by said new residential development.
E. Formula
The total residential parking facility impact fee required by this Article shall be calculated
by multiplying the number of parking spaces otherwise required for residential uses
according to Article 14-5A, Off-street Parking and Loading Standards, by 75% in the C6-5
Zone and by 50% in all other zones in the Near Southside Parking Facility District, and
multiplying that product by the per space parking facility impact fee amount, as expressed
in the formula:
(RPS x 0.75) RIF= TRF or (RPS x 0.5) RIF = TRF, where:
RPS = the number of parking spaces otherwise required according to Article 14-5A, Off-
street Parking and Loading Standards, for the residential use;
RIF = the per space residential parking facility impact fee for residential uses; and
TRF = the total residential parking facility impact fee required by this Article.
F. Adjustment
To ensure accurate estimates of current parking facility capital improvement costs, the
amount of the parking facility impact fee required by this Article shall be adjusted annually
based on the national historical cost indexes contained in the most recent edition of Means
Square Foot Costs manual, as amended.
G. Documentation
The calculation of parking facility impact fees and the receipt thereof by the City shall be
documented in a form recordable in the office of the County Recorder.
14-7B-8 Payment of Fee
A. The City Manager of designee shall calculate and assess the entire parking impact fee
upon issuance of a building permit. The fee payor may pay the entire fee at the issuance
of the building permit, or may elect to pay the fee in 3 equal annual installments, the first
of which shall be due and collected at the issuance of the building permit. If the fee
payor elects to pay the fee in 3 annual installments, the fee payor shall execute an
agreement with the City before the City issues a building permit, which agreement sets
forth the timing and amounts of the remaining installments to be paid and also sets forth
that, upon confirmation by the Iowa City Finance Department that the fee payor has
defaulted on an installment payment, the City Clerk shall certify the outstanding fee
balance to the Johnson County as a lien upon the premises for which the building permit
was issued. Said lien will not preclude the City from pursuing recovery of the fee by other
legal or equitable remedies.
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Development Fees
B. All fees collected shall be promptly transferred for deposit in the Near Southside Parking
Facility District Impact Fee Restricted Fund, as set forth in this Article, a.nd held there and
used solely and exclusively for the purposes specified in this Article.
14-7B-9 Refund of Fees
Any funds not expended for a Municipal Parking Facility or which remain unencumbered by the
end of the calendar quarter immediately following 5 years from the date of the final impact fee
payment shall, upon application of the fee payor or the fee payor's successor in interest, be
returned to such fee payor with interest at the rates earned by the Restricted Fund during such
time as the fees were held in the Fund, provided the fee payor submits an application for the
refund to the City Manager or designee within 180 calendar days of the expiration of the 5 year
period. Such funds shall be deemed "encumbered" if the City Council has approved a contract
for acquisition and/or construction of a parking facility or facilities in the Near Southside Parking
Facility District.
14-7B-10 Parkin Facility Impact Fee Restricted Fund
A. Fund Established
There is hereby established the Near Southside Parking Facility District Impact Fee
Restricted Fund.
B. Use of Funds
1. Monies held in the Restricted Fund, including any accrued interest, shall be used
solely and exclusively for the purpose of the City capital improvement costs for
providing off-street parking facilities to be located in the Near Southside Parking
Facility District, and shall not be used for maintenance or operation or for any other
purpose.
2. Monies shall be expended in the order in which they are collected.
3. In the event that bonds or similar debt instruments are issued for the construction of
capital facilities for which parking facility impact fees are to be expended, monies
held in the Restricted Fund may be used to pay debt service on such bonds or similar
debt instruments, as capital improvement costs.
4. Monies in the Restricted Fund may be used to provide refunds as provided in Section
9 of this Article.
5. Monies in the Restricted Fund shall be used for the purposes enumerated within this
Article, exclusive of all others and shall remain inviolate with the Restricted Fund.
C. Annual Report Required
At least once each fiscal year the City Manager or designee shall present to the City
Council an accounting of the Restricted Fund.
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Development Fees
14-7B-11 Parkin Facilities
A. On-site Parking Spaces
1. Notwithstanding provisions of the Zoning Ordinance which may be to the contrary,
payment of the residential parking facility mpact fee shall require the residential fee
payor to provide between 15% and 25% of the parking spaces otherwise required in
the CB-5 Zone; an additional 10% or required parking spaces may be provided on-
site; however, the fee shall not e reduced. No fewer than 50% of the parking spaces
otherwise required for residential uses on the site in all other zones within the Near
Southside Parking Facility District shall be provided on-site.
2. Those parking spaces provided on-site after payment of the parking facility impact
fee shall be sized in accordance with the prevailing proportionality requirement of the
Zoning Ordinance regarding standards and compact car sized spaces; and include all
required disabled accessible spaces.
B. Construction of Parking Facility
The off-site parking facilities financed in part by the Near Southside Neighborhood parking
facility impact fee shall be
1. Constructed in the Near Southside Parking Facility District.
2. Constructed at a time and in accord with a design at the sole discretion of the City
Council. .
3. Designed and operated to accommodate new parking demands up to 50% of
capacity and existing demand up to 50% of capacity.
14-7B-12 Ri hts of Fee payors
A. This Article is intended to provide residential fee payors a reasonably and rationally
calculable method to meet the needs for off-street parking created by their development
for residents of new residential development in the Near Southside Parking Facility District.
B. The payment of the parking facility impact fee does not guarantee a residential fee payor
a parking space or a monthly permit in a City off-street parking facility, either existing or
those financed in part by this Article; however, the City Manager or designee shall, to the
extent reasonably possible, give preference to occupants of residential development for
which a parking facility impact fee was paid.
14-7B-13 Exemptions From Provisions
The following shall be exempted from the requirements of this Article:
A. Residential development which constitutes "elderly housing" as defined in this Title.
B. Historic properties, identified in the Near Southside Neighborhood Redevelopment Plan, as
amended, and that have been preserved or restored in accordance with the 1990 revised
edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, as amended, to the extent that the payor shall be exempt
from providing the on-site parking spaces otherwise required, but the impact fee provided
herein must be paid.
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Penalties and Enforcement
Article C. Penalties and Enforcement
14-7C-1 Enforcement Officials; Appeals
A. Enforcement Officials
It is the duty of the City Manager or designee to enforce this Title. It is also the duty of all
officers and employees of the City and especially all members of the Police Department to
assist the City Manager or designee by reporting any new construction, reconstruction,
land uses or other seeming violations.
B. Appeals
Appeals from a decision of the City Manager or designee in enforcing this Title may be
made to the Board of Adjustment as provided in Article 14-8C, Board of Adjustment
Approval Procedures.
14-7C-2 Permits, Certificates and Approvals
A. No permit, certificate, or approval shall be issued for regulated building activity that would
create a violation of this Title;
B. No permit, certificate, or approval shall be issued for regulated building activity on a lot of
record on which there is a violation of this Title, except when the construction described in
the permit application will eliminate the violation;
C. No authorization for utility connection shall be issued for premises on which there is a
violation of this Title; and
D. No permit, certificate or approval shall be issued for an activity to occur on any lot of
record on which there is a violation of this or any other applicable Title of the City Code or
on which the conduct of such activity would constitute a violation of this or any other
applicable Title of the City Code.
14-7C-3 Certificate of Occupancy
A. Certificate Required
1. No change in the use of occupancy of land, nor any change of use or occupancy in an
existing building, other than for single-family dwelling purposes, shall be made, nor
shall any new building be occupied until a certificate of occupancy has been issued by
the City Manager or designee. If a building permit has not been issued prior to the
effective date hereof, every certificate of occupancy shall state that the new
occupancy complies with all provisions of this Title.
2. No permit for excavation, or for the installation or alteration of any building shall be
issued before an application has been made for a building permit, and no building or
premises shall be occupied until a certificate of occupancy has been issued.
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Penalties and Enforcement
B. Certificate of Occupancy for Nonconforming Uses
A certificate of occupancy may be obtained for nonconforming uses. An application for a
certificate of occupancy for a nonconforming use shall be accompanied by an affidavit of
proof that such nonconforming use was not established in violation of this Title after July
26, 1962 and before the effective date hereof.
C. Temporary Certificate of Occupancy
The Building Official may issue a temporary certificate of occupancy when a delay in the
planting of required trees and landscaping is warranted, as allowed in Articles 14-SE,
Landscaping and Tree Requirements, and 14-SF, Screening and Buffering Standards; or a
delay in paving of parking and stacking spaces, drives or aisles is warranted, as provided
in Article 14-SA, Off-street Parking and Loading Standards.
D. Records Kept
A record of all certificates of occupancy shall be kept on file in the office of the City
Manager or designee.
14-7C-4 Revocation of Permits
The City Manager or designee may revoke or modify any permit issued pursuant to the
provisions of this Title if any of the following occurs:
A. The grantee has not complied with the conditions of approval under which the permit was
granted.
B. The permit was obtained by misrepresentation or fraud or was issued in error.
C. The use or activity authorized pursuant to the permit is subsequently determined to be a
violation of an applicable statute, ordinance, law or regulation.
D. Suspension of work under the subject permit for 6 months or more.
14-7C-S Violations and Penalties
A. Penalties
1. The owner or manager of a building or premises in or upon which a violation of any
provision of this Title has been committed or exists or the lessee or tenant of a
building or premises in or upon which violation has been committed or exists or the
agent, architect, building contractor or any other person who commits, takes part or
assists in any violation or who maintains any building or premises in or upon which
such violation exists or who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Title may be
found guilty of a simple misdemeanor or Municipal infraction or environmental
infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to
the penalties provided therein, as amended from time to time. Each day that a
violation occurs and/or is permitted to exist constitutes a separate offense, and civil
and/or criminal penalties shall be computed accordingly.
2. In case any building or structure is installed, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land is used in
violation of this Title, the appropriate authorities of the City, in addition to other
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Penalties and Enforcement
remedies, may institute injunction, mandamus or other appropriate action or
proceeding to prevent such unlawful installation, construction, reconstruction,
alteration, conversion, maintenance or use or to correct or abate such violation or to
prevent the occupancy of said building, structure or land.
3. Any person who constructs, alters, relocates or demolishes any designated landmark
or a building or structure in an Historic or Conservation District in violation of this
Title may be required to restore the subject building or structure to its appearance or
setting prior to the violation as required and approved by the Historic Preservation
Commission.
B. Stop Work Order
1. Whenever the Building Official finds any work regulated by this Title being performed
in a manner either contrary to the provisions of this Title or dangerous or unsafe, the
Building Official is authorized to issue a stop work order.
2. The stop work order shall be in writing and shall be given to the owner of the
property involved, or to the owner's agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order, and the conditions under which the cited
work will be permitted to resume.
3. Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation
or unsafe condition, shall be subject to penalties as prescribed by law.
C. Remedies Are Cumulative
Nothing in this Article shall prevent the City from taking such other lawful action as is
necessary to prevent or remedy any violation of this Title including, but not limited to,
revocation of any permit, certificate or approval, and shall not be held to prevent the
enforced removal of prohibited conditions. Such remedies are deemed cumulative and not
exclusive.
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14-8A
General Procedures
CHAPTER 8. REVIEW AND APPROVAL PROCEDURES
Article A. General Procedures
14-8A-l General Application Requirements
A. Application Forms and Fees
1. Forms
Applications and submittal materials required under this Title shall be submitted on
forms and in such numbers as required by the City. Supporting materials must be
submitted as specified on the application form.
2. Fees
a. The applicable filing fee shall be paid at the time any appeal or application is
filed.
b. Filing fees shall be established from time to time by resolution of the City
Council to defray the actual cost of processing the application; and
c. All required fees shall be made payable to 'The City of Iowa City."
d. No fee shall be charged for an appeal or application filed by any officer,
department or board of the City or for any other govemmental entity.
B. Determination of Completeness
1. The City will not process an incomplete application.
2. The start date for any applicable time limitations for the application under review will
be the date when a complete application is submitted.
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14-8B
Administrative Approval Procedures
Article B. Administrative Approval Procedures
14-8B-1 Accessory Apartment Rental Permit
A. Permit Required
1. Prior to the establishment of any accessory apartment, the owner of the principal
dwelling unit must obtain a rental permit from the Department of Housing and
Inspection Services. The permit will be effective for 2 years. At the end of every 2
years, renewal of the accessory apartment rental permit will be granted after
completion of a routine housing inspection verifying that the property remains the
principal residence of the owner and that all of the conditions of this section and
approval criteria for Accessory Apartments set forth in Article 14-4C, Accessory Uses
and Buildings, have been met.
2. No rental permit for an accessory apartment will be issued unless all the
requirements and standards for Accessory Apartments set forth in Article 14-4C have
been met.
B. Submittal Requirements
1. The owner shall file an application for a rental permit with the Department of Housing
and Inspection Service on application forms provided by said Department.
2. Prior to issuance or renewal of an accessory apartment rental permit, the owner must
submit a notarized affidavit to the City, verifying owner occupancy.
3. Prior to the issuance of an accessory apartment rental permit, the owner shall file, in
the office of the County Recorder, a declaration of covenants stating that the right to
maintain an accessory apartment ceases upon transfer of title, and that the right to
maintain an accessory apartment in no way constitutes approval of the dwelling as a
duplex. The owner shall provide a copy of the declaration to the Department of
Housing and Inspection Services, or its successor, prior to the issuance of the
accessory apartment permit.
C. Approval Procedure
When all provisions of this section and approval criteria applicable to accessory apartments
setforth in Article 14-4C, and all applicable provisions of Title 17, Building and Housing are
met, the Department of Housing and Inspection Services will issue a accessory apartment
rental permit upon payment of all permit and inspection fees.
14-8B-2 Access Permit
A. Permit Required
1. Prior to cutting any curb or establishing any driveway on any street in the City, an
access permit must be obtained from the Department of Public Works, unless
exempted as set forth in Article 14-5C, Access Management Standards.
2. No access permit shall be issued unless all applicable requirements and standards of
14-5C, Access Management Standards, are met.
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B. Submittal Requirements
1. The owner of property for which access is being requested shall file an application for
an access permit with the Department of Public Works on application forms provided
by the City.
2. Supporting materials must be submitted as specified on the application form. A
traffic study may be required for any request for access to an arterial street.
C. Approval Procedure
1. Upon receipt of a complete application the City Engineer and the Building Official will
jointly review said application for compliance with the provisions of Article 14-5C,
Access Management Standards.
2. If access to an arterial street is requested, the City Engineer and the Building Official
will consult with the Director of Planning and Community Development or designee.
Joint approval from all three City Officials or their designees is required prior to
granting access to an arterial street.
3. Joint approval from the City Engineer and the Building Official or their designees is
required prior to granting access to a local or collector street.
4. Once it is determined that the standards of Article 14-5C, Access Management
Standards will be met, and the requisite approvals have been obtained, the City
Engineer or designee will issue the access permit. .
14-8B-3 Desi n Review
A. Optional Pre-Application Conference
Any person or persons intending to make application for Design Review may request a
meeting with the Design Review Committee or a representative of the Design Review
Committee to discuss basic intentions and plans before investing time in detailed designs.
This step is optional but recommended for large or complex projects. The purpose of the
pre-application conference is to discuss preliminary design plans, review applicable design
guidelines, and ensure that the applicant is familiar with the review and approval
procedures for Design Review.
B. Submittal Requirements
1. The applicant must file an application for Design Review with the Department of
Housing and Inspection Service on application forms provided by the City.
2. Supporting materials must be submitted as specified on the application form.
C. Approval Procedure
1. Upon receipt of a complete application the Design Review Committee will review said
application for compliance with the applicable standards and approval criteria as set
forth in Article 14-3C of this Title, Design Review.
2. Within 30 working days of the date a complete application is submitted to the City,
the Design Review Committee will approve, approve with modifications agreed to by
the applicant, or disapprove the application.
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3. If the Committee does not act within the 3D-day time period and the applicant does
not agree to an extension of time, the application will be deemed approved.
4. For Level I Design Review applications, the Committee's findings on each application
shall be set forth in a written decision, which will be filed in the respective property
file in the Department of Housing and Inspection Services. A copy of said decision will
be mailed to the applicant at the time of filing.
5. For Level II Design Review applications, the Committee's findings on each application
will be set forth in a written recommendation to the City Council. The City Council
will, after receipt of the recommendation of the Committee, or after the time of any
extension thereof has passed for the Committee to file their recommendation, make
approval or rejection of the application. City Council approval of the plans shall
require a majority of votes cast at any meeting .at which a quorum is present. The
City Council's findings on each application shall be set forth in a written resolution, to
be filed in the Office of the City Clerk. A copy of said resolution will be mailed to the
applicant at the time of filing.
14-8B-4 Fence Permit
A. Permit Required
Prior to construction of any of the following types of fences or walls, a fence permit must
be obtained from the Department of Housing and Inspection Services.
1. Electric fences;
2. Barbed wire fences;
3. Any fence or wall over 6 feet in height;
4. Any retaining wall over 6 feet in height measured from the top of the footing to the
top of the wall; and
5. A retaining wall of any height that supports a surcharge or impounds flammable
liquids.
B. Submittal Requirements
1. An application for a fence permit must be filed with the Department of Housing and
Inspection Service on application forms provided the City.
2. Supporting materials must be submitted as specified on the application form.
C. Approval Procedure
1. Upon receipt of a complete application the Building Official or designee will review
said application for compliance with the standards and requirements for fences, walls,
and hedges as set forth in Article 14-4C of this Title, Accessory Uses and Buildings.
2. The Building Official will issue the permit once it has been determined that all
applicable provisions of Article 14-4C, Accessory Uses and Buildings, have been met.
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14-8B-5 Flood Plain Development Permit
A. Permit Required
A Flood Plain Development Permit issued by the Building Official shall be secured prior to
initiation of any development within the lOO-year flood plain.
B. Submittal Requirements
Application for a Flood Plain Development Permit shall be made on forms supplied by the
Building Official and shall include the following information:
1. Description of the work to be covered by the permit;
2. Description of the land on which the proposed work is to be done (I.e., lot, block,
tract, street address or similar description) that will readily identify and locate the
work to be done;
3. Indication of the use or occupancy for which the proposed work is intended;
4. Elevation of the 100-year flood event;
5. Elevation in relation to national goedetic vertical datum of the lowest floor, including
basement, of buildings or of the level to which a building is to be f1oodproofed;
6. For buildings being improved or rebuilt, the estimated cost of improvements and
market value of the building prior to the improvements;
7. Certification by a registered engineer of the effect the proposed development will
have on the flood plain pursuant to the requirements of Article 14-5J of this Title,
Flood Plain Management Standards. This certification requirement may be waived by
the City Engineer in those instances where the City Engineer can make an adequate
determination of the effect of the proposed development. All stream bank erosion
control measures involving less than 500 linear feet along the channel and not
extending more than 3 feet into the stream channel are exempt from the certification
requirement.
8. Such other information as the Building Official deems reasonably necessary for the
purpose of determining compliance with the requirements of Article 14-5J of this
Title, Flood Plain Management Standards.
C. Approval Procedure
The Building Official shall, within a reasonable time, make a determination as to whether
the proposed flood plain development meets the applicable standards of Article 14-5J of
this Title, Flood Plain Management Standards, and shall approve or disapprove, in writing,
the application. For disapprovals, the applicant will be informed, in writing, of the specific
reasons why the application was disapproved. The Building Official shall not issue permits
for variances, except as approved by the Board of Adjustment according to the approval
criteria for such variances set forth in Article 14-5J of this Title.
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14-8B-6 Home Occupation Permit
A. Permit Required
Prior to establishment of a Type B home occupation, as defined in Subsection 14-4C-2M,
Home Occupations, a home occupation permit must be obtained from the Department of
Housing and Inspection Services.
B. Submittal Requirements
1. An application for a home occupation permit must be filed with the Department of
Housing and Inspection Service on application forms provided the City.
2. Supporting materials must be submitted as specified on the application form.
C. Approval Procedure
1. Upon receipt of a complete application the Building Official or designee will review
said application for compliance with the standards and requirements for Home
Occupations as set forth in Article 14-4C of this Title, Accessory Uses and Buildings
and will issue the permit once it has been determined that said standards and
requirements have been met.
2. The home occupation permit is effective for 2 years. At the end of every 2 years, it is
the responsibility of the applicant to request a renewal of the permit. Renewal of the
permit will be granted if the applicant is in compliance with the standards and
requirements for Home Occupations as set forth in Article 14-4C of this Title,
Accessory Uses and Buildings.
D. Revocation of Permit
A home occupation permit may be revoked at any time for failure to comply with the
provisions of this Title. When a home occupation permit has been revoked, a new permit
will not be issued to the applicant or other persons residing with the applicant for at least
2 years.
14-8B-7 Level I Sensitive Areas Review
A. Submittal Requirements
1. An application for a Level I Sensitive Areas Review must be filed with the Department
of Housing and Inspection Services on application forms provided by the City.
2. All supporting materials, including a Sensitive Areas Development Plan, must be
submitted as specified on the application form.
B. Review and Approval
1. The application for a Level I Sensitive Areas Review will be reviewed and approved
administratively. This application process may occur concurrently with an application
for Site Plan Review or Subdivision Review.
2. Approval of the Sensitive Areas Development Plan submitted with the application will
be based on compliance with the applicable regulations and requirements of Article
14-51, Sensitive Lands and Features. The Sensitive Areas Development Plan must
delineate construction area limits and establish restrictions for current or future
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development activity within protected sensitive areas. Any such restrictions must be
set forth in the legal papers approved as part of the plan.
C. Issuance of Permits
Sensitive Areas Development Plans approved under a Level I Sensitive Areas Review will
be retained in the Department of Housing and Inspection Services, and permits will be
issued only for structures and development activity conforming to the approved Sensitive
Areas Development Plan.
14-8B-8 Minor Modification
A. Submittal Requirements
1. An application for a minor modification must be filed with the Department of Housing
and Inspection Service on application forms provided the City.
2. Supporting materials must be submitted as specified on the application form.
B. Approval Procedure
1. Upon receipt of a complete minor modification application, an administrative hearing
will be set.
2. Ten days prior to the administrative hearing, written not.ice shall be sent to property
owners within 200 feet of the exterior boundaries of the property.
3. Following the administrative hearing, the Building Official will approve, in whole or in
part, the minor modification requested, with or without conditions, provided all
approval criteria as set forth in Section 14-4B-l, Minor Modifications are met. The
Building Official will issue a written decision listing the findings upon which the
decision is based.
4. The applicant or property owner shall record the decision in the Office of the County
Recorder. Evidence of such recording is required prior to issuance of a building
permit.
C. Expiration
A minor modification must be exercised within 180 days from the date of approval or the
minor modification shall become null and void. .
D. Time Extensions
For good cause, the Building Official may grant time extensions not to exceed a total of 12
months from the date of the decision. Prior to granting an extension, the Building Official
will ensure that the minor modifiCation complies with all current zoning code provisions.
14-8B-9 Si n Permit
A. Permit Required
1. No sign requiring a permit in accordance with the requirements of Article 14-5B of
this Title, Sign Regulations, shall be installed, altered, moved, improved or converted
without first obtaining a sign permit from the Building Official or designee. A permit is
not required for incidental repairs or routine maintenance.
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2. Certain types of signs are allowed without a permit and such exemption from the sign
permit requirements is clearly specified in Article 14-5B of this litle, Sign Regulations.
A permit is required for any sign that is not specifically exempted from the permit
requirements.
3. Only a person holding a valid sign installer's license issued by the City may obtain a
permit to perform work pursuant to the regulations of Article 14-5B of this litle, Sign
Regulations.
4. Every applicant, before being issued a sign permit, shall pay to the City such fee as
shall be established by resolution of the City Council. However, any person found to
be installing, altering, moving, improving or converting any sign prior to the issuance
of a permit or who has installed altered, moved, improved or converted a sign prior
to the issuance of a permit shall be charged double the normal fee. The payment of
such double fee shall not relieve any person from fully complying with the
requirements of the applicable sign regulations in the execution of the work nor from
any other penalties prescribed herein.
B. Submittal Requirements
1. An application for a Sign Permit must be filed with the Department of Housing and
Inspection Services on application forms provided the City.
2. All supporting materials must be submitted as specified on the application form.
C. Approval Procedures
1. Upon the filing of a complete application for a sign permit, the Building Official or
designee shall, within a reasonable time, make a determination as to whether the
proposed sign meets the applicable standards of Article 14-5B of this litle, Sign
Regulations, and any other applicable laws and ordinances of the City, and shall
approve or disapprove the application.
2. For proposed illuminated signs, the Building Official or designee will examine the
plans and specifications for all wiring and connections to determine if they comply
with the Electrical Code. No sign permit will be issued unless such compliance is
ascertained.
D. Expiration of Permit
If the work authorized under a sign permit has not been completed within 6 months after
date of issuance, said permit shall become null and void.
14-8B-l0Temporary Use Permit
A. Permit Required
Prior to establishing any temporary use a temporary use permit must be secured from the
Building Official or designee.
B. Submittal Requirements
1. Application for a temporary use permit shall be submitted to the Department of
Housing and Inspection Services upon a form provided by the City.
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2. All supporting materials must be submitted as specified on the application form. The
Building Official or designee may also request other data, plans, and information
deemed necessary to determine compliance with the provisions of Article 14-4D of
this Title, Temporary Uses.
C. Approval Procedure
Upon receipt of a complete application the Building Official or designee shall approve,
modify, condition, or deny the application within 10 working days after submittal based on
compliance with the standards and approval criteria speCified for such temporary use set
forth in Article 14-4D of this Title, Temporary Uses.
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Article C. Board of Adjustment Approval Procedures
14-8C-l Procedures Generally
The Board of Adjustment shall conduct public hearings and make decisions in accordance with
the following requirements:
A. Public Meetings
All meetings shall be open to the public.
B. Public Notice
Notice of the time and place of public hearings shall be published in a newspaper of
general circulation not more than 20 days nor less than 7 days prior to the hearing. It shall
contain the street address or location of the property and a brief description of the nature
of the appeal.
C. Record of Proceedings
The Board shall keep minutes of its proceedings, showing the vote of each member upon
each question or if absent or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be immediately filed in the
office of the secretary of the Board and shall be a public record.
D. Written Decisions
The Board shall render written decisions, including findings of fact arid conclusions of law,
which shall be filed with the City Clerk and recorded in the office of the Johnson County
Recorder. A copy of said decision shall be provided to the applicant.
E. Orders; Lapse of Approval
Unless otherwise determined by the Board, all orders of the Board shall expire 6 months
from the date the written decision is filed with the City Clerk unless the applicant shall
have taken action within the 6-month period to establish the use or construct the building
permitted under the terms of the Board's decision, such as obtaining a building permit and
proceeding to completion in accordance with the terms of the permit. Upon written
request and for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
F. Petition for Writ of Certiorari
Any person or persons, jointly or severally, aggrieved by any decision of the Board of
Adjustment under the provisions of this Title or any taxpayer or any officer, department or
board of the City may present to a court of record a petition for writ of certiorari, duly
verified, within 30 days of the filing of the decision in the Office of the City Clerk, setting
forth that such Board decision is illegal, in whole or in part, and specifying the grounds of
the illegality.
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14-8C-2 Special Exceptions and Variances
A. Application Filing
1. An application for a special exception or a variance must be filed with the City Clerk
on application forms provided by the City.
2. Supporting materials must be submitted as specified on the .application form.
3. Monthly application deadlines for the Board of Adjustment are published in the
Department of Planning and Community Development. The Board of Adjustment will
review all complete applications received by the deadline at their regularly scheduled,
monthly meeting.
4. The applicant bears the burden of proof and must support each of the approval
criteria for the specific proposed exception or variance, as set forth in Article 14-4B of
this Title, by a preponderance of the evidence.
B. Optional Pre-Application Conference
Prior to application for a special exception or a variance, the applicant is encouraged to
meet with the staff from the Department of Planning and Community Development to
discuss basic intentions before investing time in detailed plans. The purpose of the pre-
application conference is to review the applicable City standards and requirements and to
ensure that the applicant is familiar with the review and approval procedures for a special
exception.
C. Approval Procedures
1. Once a complete application has been received, City staff shall review the application
for compliance with the approval criteria applicable to the specific proposed exception
or variance and issue a report and recommendation to the Board of Adjustment.
2. At a public hearing, the Board shall review all applicable evidence presented
regarding the proposed exception or variance.
3. The Board of Adjustment will approve, approve with conditions, or deny an
application based on the facts presented in evidence. In order to approve a special
exception or variance the Board must find that the specific proposed exception or
variance meets the applicable approval criteria as set forth in Article 14-4B of this
Title or as set forth elsewhere in this Title.
4. In permitting a special exception or a variance, the Board may impose appropriate
conditions and safeguards, including, but not limited to, landscaping and screening,
fencing, construction commencement and completion deadlines, lighting, operational
controls, improved traffic circulation requirements, highway access restrictions,
increased minimum setback requirements, parking requirements, limitations on the
duration of a use or ownership or any other requirement which the Board deems
appropriate under the circumstances upon a finding that the conditions are necessary
to fulfill the purpose and intent of this Title.
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14-8C-3 Appeals
A. Initiation of Appeal
1. Where it is alleged there is error in any order, requirement, decision, or
determination made by the City Manager or designee in the enforcement of this Title
or of any ordinance adopted pursuant thereto, any person aggrieved by such order,
requirement, decision, or determination may appeal same to the Board of
Adjustment.
2. Where it is alleged there is an error in any order, requirement, decision, or
determination made by the City Manager or designee in the enforcement of this Title
or of any ordinance adopted pursuant thereto, any officer, department or board of
the City aggrieved by such order, requirement, decision or determination may appeal
same to the Board of Adjustment.
B. Appeal Procedures
1. The appellant must file a notice of appeal with the City Clerk on forms provided by
the City, specifying the grounds of the appeal. Such appeal must be submitted within
a reasonable time from the date of the action appealed from as provided by the rules
of the Board. A duplicate copy of such notice shall be filed with the secretary of the
Board of Adjustment.
2. The City Manager or designee shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
3. At a public hearing, the Board shall review all applicable evidence presented
regarding the subject appeal.
4. In exercising the above-mentioned powers the Board of Adjustment may in
conformity with the provisions of this Title or ordinances adopted pursuant thereto,
affirm, or upon finding error, reverse or modify, wholly or partly, the order,
requirement, decision or determination appealed from and may make such order,
requirement, decision or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken.
C. Stay of Proceedings
An appeal stays all proceedings in furtherance of the action appealed from, including
without limitation, the right of the permittee to proceed with development or other
activities authorized under a building permit, the issuance of which is a subject of the
appeal, unless the City Manager or designee certifies to the Board after the notice of
appeal has been filed that, by reason of facts stated in the certificate, a stay would in the
City Manager's or designee's opinion, cause imminent peril to life or property. In such
case, proceedings or development shall not be stayed otherwise than by a restraining
order, which may be granted by the Board of Adjustment or by a court of record and on
notice to the City Manager or designee for due cause shown.
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14-8C-4 Reli ious Institution Appeals
A. Authority
The Board of Adjustment may consider a special exception to avoid or resolve any alleged
violation of the freedom of religion-based rights afforded to any person under federal or
state law caused by the enforcement of any regulation or requirement of this Title.
B. Application and Submittal Requirements
1. Any person or persons may submit an application to the Board of Adjustment for a
special exception under the provisions of this Section.
2. Such application must be submitted to the City Clerk on application forms provided by
the City for a special exception and must include the following additional information:
a. A statement specifying the particular regulation or requirement of this Title to
which the requested exception relates;
b. A description of the intended use of land or activity for which the exception is
being sought;
c. Documented evidence of how the specified regulation or requirement allegedly
violates the person's freedom of religion-based rights afforded under federal or
state law;
d. A description of how granting the exception would be in the public interest and
not be contrary to health, safety and welfare considerations; and
e. Any additional information requested by the Board of Adjustment that will assist
them in making a determination regarding the application. .
C. Approval Criteria
In considering an exception from the requirements of this Title under the provisions of this
Section, the Board must find, based on the evidence presented, that all the following
approval criteria are met. The general special exception approval criteria specified in
Section 14-4B-3, Special Exceptions do not apply.
1. The exception is necessary to avoid or resolve a substantial burden on the freedom
of religion-based rights afforded to any person under federal or state law caused by
the enforcement of a specific regulation or regulations of this Title; and
2. The subject regulation or requirement under review does not constitute or further a
compelling governmental interest; or alternatively, the subject regulation or
requirement under review is not the least restrictive means for satisfying or achieving
the governmental interest; and
3. The specific proposed exception will not be detrimental to or endanger the public
health, safety, or general welfare; and
4. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
D. Approval Procedure
Evidence shall be presented at a public hearing according to the approval procedures set
forth for special exceptions in Section 2, above.
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Article D. Planning and Zoning Commission Approval
Procedures
14-80-1 Annexation or Severance of Territory. Voluntary
A. Submittal Requirements
1. Requests for annexation or severance must be filed with the City Clerk on application
forms provided the City.
2. Supporting materials must be submitted as specified on the application form and as
required by State law or State administrative rules. For annexation requests, the
applicant must specify a desired zoning designation or zoning designations for the
territory.
B. Optional Pre-Application Conference
Any person or persons intending to request an annexation or severance is encouraged to
meet with staff from the Department of Planning and Community Development to discuss
basic intentions before investing time in detailed plans. The purpose of the pre-application
conference is to discuss the purpose for the requested annexation or severance, review
applicable Comprehensive Plan and District Plan policies that might affect the intended
request, and ensure that the applicant is familiar with the review and approval procedures
for an annexation or severance.
C. Staff Review
Upon receipt thereof, the application will be reviewed for completeness by City staff, and
upon verification of a complete application, staff will prepare a staff report and
recommendation based on Comprehensive Plan policies, ability of the City or neighboring
communities to provide services, and other appropriate policies and information. The staff
report and recommendation will be forwarded to the Planning and Zoning Commission for
their review. There shall be no time limitation for review regarding a rezoning associated
with annexation of territory.
D. Planning and Zoning Commission Review
The Commission may recommend approval, approval with conditions, or denial of the
requested annexation or severance. In a separate motion. the Commission shall
recommend approval, approval with conditions, or denial of the requested zoning
designation of a parcel to be annexed. In the event the Commission recommends approval
of the annexation, but denial of the requested zoning designation it shall make an
additional recommendation as to what zoning designation it recommends.
E. City Council Public Hearing Notice Requirements
1. The City Council shall set and publish notice regarding a public hearing on the
proposed annexation or severance following Planning and Zoning Commission review.
The City Council shall also set a public hearing on the zoning designation of the
property to be annexed. Notice of such hearings, and the time of place of such
hearings must be published in a newspaper having a general circulation in the City at
least 7, but not more than 20 days before the public hearing. In no case shall the
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public hearing be held earlier than the next regularly scheduled City Council meeting
following the published notice.
2. Following Planning and Zoning Commission review but prior to the City Council public
hearing, City staff shall complete the notification requirements to other units of
government, utilities, owners of railway right-of-way, and others as prescribed by
state law and state administrative rules.
3. In the event the public hearing on the annexation or severance is held before the
notification requirements have been fulfilled, the public hearing on the annexation or
severance shall be continued until said notification requirements are fulfilled.
F. City Council Review and Decision
1. Following the public hearing, the City Council will consider a resolution approving the
proposed annexation or severance. In those instances when the City Council has
reached an informal consensus on a proposed annexation that is contrary to the
recommendation of the Planning and Zoning Commission, the City Council will defer
formal action on the matter until a discussion has taken place between the City
Council and the Planning and Zoning Commission.
2. Following approval of a resolution approving annexation of territory, the City Council
will consider an ordinance approving a zoning designation for the annexed territory.
In those instances when the City Council has reached an informal consensus on the
proposed zoning designation for property to be annexed that is contrary to the
recommendation of the Planning and Zoning Commission, the City Council will defer
formal action on the matter until a discussion has taken place between the City
Council and the Planning and Zoning Commission.
G. State Review
Following approval of a severance or an annexation and associated zoning classification by
the City Council, the necessary documentation shall be forwarded to the state City
. Development Board and to state officials as required by state code and state
administrative rules. The annexation or severance shall be considered final once
acknowledged by the Secretary of State, and recorded with the Office of the County
Recorder.
14-80-2 Annexation or Severance - Involuntary
A. Initiation of Involuntary Annexation or Severance
Whenever, after public hearing thereon, the City Council determines that involuntary
annexation or severance proceedings should be undertaken, the matter shall be referred
to the Planning and Zoning Commission for their review and recommendation.
B. Staff Review
Staff will prepare a report and recommendation regarding the proposed involuntary
annexation or severance for the Planning and Zoning Commission based on
Comprehensive Plan policies, the public interest in annexing or severing said territory,
recommendations regarding zoning designation of areas to be annexed, and other
pertinent information. At a minimum, the report shall contain the all of the information
required by state code and state administrative rules.
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C. Notification Requirements
Staff will notify all affected property owners, units of government, utilities, owners of
railway right-of-way, and other parties as required by state code and state administrative
rules.
D. Planning and Zoning Commission Review
1. Once notification requirements are completed, the staff report and recommendation
for the zoning of annexed territory shall be forwarded to the Planning and Zoning
Commission for their review and recommendation.
2. After discussion at a public meeting, the Commission will recommend approval,
approval with conditions, or denial of the involuntary annexation or severance. For
annexations, the Commission will also make a recommendation as to the zoning of
said territory.
E. City Council Public Hearing
1. Once the Planning and Zoning Commission has completed their review, the City
Council shall set a public hearing on the proposed annexation and zoning, or
severance. Notice of such hearing, and the time of place of such hearing must be
published in a newspaper having a general circulation in the City at least 7, but not
more than 20 days before the public hearing. In no case shall the public hearing be
held earlier than the next regularly scheduled City Council meeting following the
published notice.
2. After the public hearing, the City Council will consider a resolution approving the
annexation or severance.
3. Following approval of a resolution to annex territory, the City Council will consider an
ordinance approving a zoning designation for the annexed territory.
4. In those instances when the City Council has reached an informal consensus on a
proposed involuntary severance, annexation, or the proposed zoning designation for
property to be annexed that is contrary to the recommendation of the Planning and
Zoning Commission, the City Council will defer formal action on the matter until a
discussion has taken place between the City Council and the Planning and Zoning
Commission.
F. State Review
1. Following approval of a resolution approving an involuntary annexation or involuntary
severance, all necessary documentation will be forwarded to state officials and the
state City Development Board as required by state code and state administrative
rules. State officials will then conduct a process as required in state code and state
administrative rules to consider the involuntary annexation or severance request.
2. The involuntary annexation or severance request shall be considered final once
approved by state officials, published according to state code requirements, and once
proceedings of the process as required by state code are filed with the Secretary of
State, the City Clerk, the State Department of Transportation, and recorded with the
Office of the County Recorder.
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4 :.
A. Authority
1. The City Council may, from time to time, on its own motion or on petition, amend by
resolution the City's Comprehensive Plan, including any District Plans or other
amendments thereto. Any proposed amendment initiated by the City Council shall
first be submitted to the Planning and Zoning Commission for its recommendation
and report.
2. The Planning and Zoning Commission may from time to time, on its own motion or
on petition, recommend to the City Council amendments to the City's Comprehensive
Plan, including any District Plans or other amendments thereto.
B. Optional Pre-Application Conference
Any person intending to request an amendment to the City's Comprehensive Plan is
encouraged to meet with staff from the Department of Planning and Community
Development. The purpose of the pre-application conference is to discuss basic intentions,
review the applicable Comprehensive Plan and District Plan policies that might affect the
intended request, and ensure that the applicant is familiar with the review and approval
procedures for a Comprehensive Plan Amendment.
C. Submittal Requirements
Unless the Comprehensive Plan amendment is initiated by the Planning and Zoning
Commission or the City Council, the following application submittal procedures must be
followed.
1. Applications for a Comprehensive Plan Amendment must be filed with the City Clerk
on application forms provided by the Department of Planning and Community
Development.
2. Supporting materials must be submitted as specified on the application form and
must provide evidence that the approval criteria as set forth in the following
subsection are met.
3. The City Clerk shall forward said application to the Department of Planning and
Community Development.
D. Approval Criteria
Applications for a Comprehensive Plan Amendment must include evidence that the
following approval criteria are met.
1. Circumstances have changed and/or additional information or factors have come to
light such that the proposed amendment is in the public interest.
2. The proposed amendment will be compatible with other policies or provisions of the
Comprehensive Plan, including any District Plans or other amendments thereto.
E. Staff Review
After receipt of a complete application, the Director of Planning and Community
Development or designee will forward a written report and recommendation to the
Planning and Zoning Commission.
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F. Planning and Zoning Commission Review
1. After receipt of a report and recommendation from City staff, the Planning and
Zoning Commission will schedule a public hearing. Notice of such hearing, and the
time of place of such hearing will be published in a newspaper having a general
circulation in the City at least 7, but not more than 20 days before the public hearing.
2. Following the public hearing, the Commission will consider a motion to recommend
approval, modification, or denial of the proposed amendment. Not less than four
votes shall be required to recommend approval of an amendment to the
Comprehensive Plan.
3. The Commission will forward their report and recommendation to the City Council for
their review.
G. City Council Public Hearing
1. After the recommendation and report of the Planning and Zoning Commission have
been filed, the City Council shall, before enacting any amendment to the Oty's
Comprehensive Plan hold a public hearing in relation thereto. Notice of such hearing,
and the time of place of such hearing must be published in a newspaper having a
general circulation in the City at least 7, but not more than 20 days before the public
hearing. In no case shall the public hearing be held earlier than the next regularly
scheduled City Council meeting following the published notice. The City Council may
set such public hearing either before or after it submits the proposed amendment to
the Commission for its recommendation or during the period while the Commission is
considering such matter.
2. Following the public hearing, the City Council will consider a resolution implementing
the proposed Comprehensive Plan Amendment. Any proposal for an amendment to
the Comprehensive Plan that is counter to the recommendation of the Planning and
Zoning Commission shall not become effective except by a favorable vote of 3f4 of the
members of the City Council.
14-80-4 Oesi n Review Overlay (OOR) Rezonin
A. Initiation
1. The City Council may, on its own motion or on petition, designate by ordinance areas
of the City as Design Review Districts. Any proposed Design Review District initiated
by the City Council shall first be submitted to the Planning and Zoning Commission
for its recommendation and report.
2. The Planning and Zoning Commission may, on its own motion or on petition,
recommend to the City Council areas of the City for designation as a Design Review
District.
B. District Report
Once the proposal for a Design Review District is initiated by the City Council or the
Planning and Zoning Commission, the Commission will direct City staff to prepare a District
Report. The District Report will include background information and recommendations
regarding the proposed district, including the following:
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1. A map defining the boundaries of the proposed district; and
2. A study of the characteristics of the proposed district, including zoning and existing
land use, elements of the streetscape, property ownership patterns, and the
architectural characteristics, physical condition, and age of buildings in the proposed
district;
3. A list of any proposed design guidelines for the district.
C. Approval Procedure
The process of designating an area as a Design Review District is considered a Design
Review Overlay Rezoning and must therefore follow the procedures for a Zoning Map
Amendment (Rezoning) as specified in Section 14-8D-5, below.
14-80-5 Zoning Map Amendments (Rezonings) and Zoning Code Text
Amendments
A. Initiation
1. The City Council may, from time to time, on its own motion or on petition, amend by
ordinance the boundaries of zoning districts or the regulations or restrictions of this
Title. Any proposed amendment initiated by the City Council shall first be submitted
to the Planning and Zoning Commission for its recommendation and report.
2. The Planning and Zoning Commission may from time to time, on its own motion or
on petition, recommend to the City Council amendments to this Title or to the
boundaries of zoning districts or to the zoning of particular tracts.
B. Optional Pre-Application Conference
Any person intending to request a Zoning Map Amendment or Zoning Code Text
Amendment is encouraged to meet with staff from the Department of Planning and
Community Development to discuss basic intentions before investing time in detailed
plans. The purpose of the pre-application conference is to review the existing zoning,
discuss the purpose for the requested amendment, review applicable Comprehensive Plan
and District Plan policies that might affect the intended request, and ensure that the
applicant is familiar with the review and approval procedures for a Zoning Map or Zoning.
Code Text Amendment.
C. Submittal Requirements
Unless the Zoning Map or Zoning Code Text Amendment is initiated by the Planning and
Zoning Commission or the City Council, the following application submittal procedures
must be followed.
1. Applications for a Zoning Map or Zoning Code Text Amendment must be filed with
the City Clerk on application forms provided by the Department of Planning and
Community Development.
2. Supporting materials must be submitted as specified on the application form and
must include a statement from the applicant explaining the reasons and justification
for the requested amendment.
3. The City Clerk shall forward said application to the Department of Planning and
Community Development.
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D. Staff Review
After receipt of a complete application, the Director of Planning and Community
Development or designee will forward a written report and recommendation to the
Planning and Zoning Commission.
E. Planning and Zoning Commission Review
1. After receipt of a report and recommendation from City staff, the Planning and
Zoning Commission will schedule one or more public meetings to receive public
comment regarding the proposed request. The Commission will then make a
recommendation for approval, approval with conditions, or denial to the City Council.
2. If the Planning and Zoning Commission makes no report within 45 days from the date
a complete application was received, it shall be considered to have made a report
approving the proposed amendment.
3. Not less than four votes shall be required to recommend approval of an amendment
to this Title or to the boundaries of zoning districts or to the zoning of a particular
parcel of land.
F. City Council Public Hearing
1. After the recommendation and report of the Planning and Zoning Commission have
been filed, the City Council shall, before enacting any proposed amendment hold a
public hearing in relation thereto. Notice of such hearing, and the time of place of
such hearing must be published in a newspaper having a general circulation in the
City at least 7, but not more than 20 days before the public hearing. In no case shall
the public hearing be held earlier than the next regularly scheduled City Council
meeting following the published notice. The City Council may set such public hearing
either before or after it submits the proposed amendment to the Commission for its
recommendation or during the period while the Commission is considering such
matter.
2. Following the public hearing, the City Council shall consider an ordinance
implementing the proposed Zoning Map Amendment or Zoning Code Text
Amendment. In those instances when the City Council has reached an informal
consensus on a proposed Zoning Map Amendment or Zoning Code Text Amendment
that is contrary to the recommendation of the Planning and Zoning Commission, the
City Council will defer formal action on the matter until a discussion has taken place
between the City Council and the Planning and Zoning Commission. In such
instances, if the Planning and Zoning Commission declines the City Council's offer to
meet, formal action on the matter may commence forthwith.
G. Protests
If a protest against such amendment is presented in writing to the City Clerk, duly signed
and notarized by the owners of 20 percent or more of the area of the lots included within
the area for which the amendment is proposed or by the owners of 20 percent or more of
the property which is located within 200 feet of the exterior boundaries of the area for
which the amendment is proposed, such amendment shall require the favorable vote of
3/4 of the members of the City Council for passage.
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H. Effect on Development Activity
1. Regulated Development Activity
When a proposed text or map amendment to this Title would prohibit or be counter
to a use, building, structure, portion of a building or structure, attachment to a
building or structure, demolition of a building or structure or portion thereof, or any
other type of development activity for which a permit or license is currently required,
the setting of a City Council public hearing on the amendment shall suspend the
following for 60 days:
a. Issuance of a permit or license for the establishment, conversion, or
enlargement of any use that would be counter to or prohibited by the existing
code or by the proposed amendment; and
b. Issuance of a permit or license for any land clearing, grading, construction,
demolition, or other development activity that would be counter to or prohibited
by the existing code or by the proposed amendment; and
c. Any issued permit or license for the establishment, conversion, or enlargement
of any use, or for any land clearing, grading, construction, demolition, or other
development activity that would be counter to or prohibited by the proposed
amendment, if no substantial part of the permitted or licensed use or
development activity has begun.
2. Currently Unregulated Development Activity
When a proposed text or map amendment to this Title would prohibit or regulate a
use, building, structure, portion of a building or structure, attachment to a building or
structure, demolition of a building or structure or portion thereof, or any other type of
development activity for which a permit is not currently required, the official
publication of a notice of public hearing on the proposed amendment shall suspend
for 60 days the establishment, conversion or enlargement of any use, or
commencement of any land clearing, grading, construction, demolition, or other
development activity that would be counter to or prohibited by the proposed
amendment, provided no substantial portion of the previously unregulated
development activity has begun.
3. Subsequent to City Council Action
a. If, within the 60-day period, the City Council enacts the proposed amendment,
this Title, as amended, shall apply. Any permit or license for a use or
development activity counter to or prohibited by such amendment shall not be
issued, or if already issued, shall be revoked, provided no substantial part of the
permitted development activity has begun. Any required permit or license for a
previously unregulated use or development activity must be obtained prior to
continuation.
b. If, at any time in the 60-day period, the City Council rejects the proposed
amendment or if by the end of the 60-day period has not enacted or has
rejected the proposed amendment, the suspension shall be terminated. Review
of any suspended applications for a permit under the current Title shall resume,
uses or development activity may proceed under permits or licenses that have
already been issued, and unregulated uses or development activity may
proceed.
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c. No already-issued permit or license may be suspended under this subsection
more than once, nor shall any property be subject to suspension under this
subsection within 12 months of a previous suspension applied to the same
property under the same proposed amendment. Said 12 month period will
commence from the final day of the 60 day suspension period.
14-80-6 Level II Sensitive Areas Review
A level II Sensitive Areas Review and its associated Sensitive Areas Development Plan is
considered a type of planned development and as such will be reviewed according to the
approval procedures for a Planned Development Overlay Rezoning as set forth in Section 14-
8D-7, below.
14-80-7 Planned Development Overlay (OPO) Rezoning
A. Optional Pre-Application Conference
Any person intending to request an OPD Rezoning is encouraged to meet with staff from
the Department of Planning and Community Development to discuss basic intentions
before investing time in detailed plans. The purpose of the pre-application conference is to
review the existing zoning, discuss the purpose for the requested planned development,
review applicable Comprehensive Plan policies, including any District Plan policies that
might affect the intended request, and ensure that the applicant is familiar with the review
and approval procedures for a planned development overlay rezoning.
B. Submittal Requirements
Applications for an OPD Rezoning must be filed with the City Clerk on application forms
provided by the Department of Planning and Community Development.
1. Preliminary Approval
a. Supporting materials for preliminary approval of a Planned Development Overlay
Rezoning must be submitted as specified on the application form and must
include a Preliminary OPD Plan, a statement from the applicant listing the
category or categories of planned development applied for, a list of all
requested variations from the underlying zoning requirements or from City
street standards, and a proposed time schedule for the completion of various
phases of the development. The Preliminary OPD Plan may show a range of
dimensions and need not have the specificity of the final plan.
b. A Preliminary OPD Plan for developments containing regulated sensitive features
must be entitled, "Preliminary Sensitive Areas Development Plan." Such
Sensitive Areas Development Plans, in addition to illustrating all the applicable
elements for a planned development, must delineate all regulated sensitive
areas and associated buffers according to the applicable regulations contained in
Article 14-51, Sensitive lands and Features and must delineate construction area
limits and list all proposed restrictions for current or future development activity
within protected sensitive areas.
2. Final Approval
a. Supporting materials for the Final OPD Plan must be submitted as specified on
the application form.
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b. If the application is for a Final Sensitive Areas Development Plan, the plan must
establish restrictions for current or future development activity within protected
sensitive areas. Any such restrictions must be set forth in the legal papers
approved as part of the final plan.
C. Approval Procedures for a Planned Development Overlay Rezoning
Approval of a Planned Development Overlay Rezoning shall be by ordinance in accordance
with the following procedures. Approval of a rezoning to OPD shall constitute approval of
the Preliminary OPD Plan or, if applicable, the Preliminary Sensitive Areas Development
Plan.
1. Staff Review
Upon receipt of a complete application, staff from the Department of Planning and
Community Development will review the application for compliance with the
applicable approval criteria as set forth in Article 14-3A, Planned Development
Overlay. Staff will forward a report and recommendation to the Planning and Zoning
Commission for their consideration.
2. Planning and Zoning Commission Review
a. After receipt of a report and recommendation from City staff, the Planning and
Zoning Commission will schedule one or more public meetings to receive public
comment regarding the application. The Commission will then make a written
report of its findings to the City Council with a recommendation for approval,
approval with conditions, or denial of the Planned Development Overlay
Rezoning. The report shall include findings with regard to the applicable
approval criteria as set forth in Article 14-3A of this Title, Planned Development
Overlay. If the Planning and Zoning Commission makes no report within 45 days
from the date a complete application was received, it shall be considered to
have made a report approving the proposed Planned Development Overlay
Rezoning.
b. Not less than four votes shall be required to recommend approval of a Planned
Development Overlay Rezoning.
3. City Council Hearing
a. After the recommendation and report of the Planning and Zoning Commission
have been filed, the City Council shall, before approving any Planned
Development Overlay Rezoning, hold a public hearing in relation thereto. Notice
of such public hearing, and the time of place of such hearing must be published
in a newspaper having a general circulation in the City at least 7, but not more
than 20 days before the public hearing. In no case shall the public hearing be
held earlier than the next regularly scheduled City Council meeting following the
published notice. The City Council may set such public hearing either before or
after it submits the proposed Planned Development Overlay to the Commission
for its recommendation or during the period while the Commission is considering
such matter.
b. Following the public hearing, the City Council shall consider an ordinance
approving the proposed Planned Development Overlay Rezoning. In those
instances when the City Council has reached an informal consensus on a
proposed Planned Development Overlay Rezoning that is contrary to the
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recommendation of the Planning and Zoning Commission, the City Council will
defer formal action on the matter until a discussion has taken place between the
City Council and the Planning and Zoning Commission. In such instances, if the
Planning and Zoning Commission declines the City Council's offer to meet,
formal action on the matter may commence forthwith.
4. Lapse of Approval
A Preliminary OPD Plan or Preliminary Sensitive Areas Development Plan shall be
valid for no more than 24 months unless otherwise specified in the ordinance
approving the OPD Overlay Zone. If no building permit has been issued for the
development within the 24-month period, the area of land to which the OPD
ordinance applies may be considered by the City for rezoning.
5. Protests and Effect on Development Activity
Since a Planned Development Overlay Rezoning is a type of Zoning Map Amendment
(Rezoning), a Planned Development Overlay Rezoning is subject to the same
provisions for Protest and Effect on Development Activity as for a Zoning Map
Amendment as set forth in Subsections 14-8D-SG and 14-8D-SH, above.
D. Final OPD Plan Approval
1. Administrative Review and Approval
a. Approval of a Final OPD Plan or Final Sensitive Areas Development Plan shall be
by administrative review. Approval shall be based on compliance with an
approved Preliminary OPD Plan or Preliminary Sensitive Areas Development
Plan. Such plan may be submitted concurrently with an application for Site Plan
Review or Subdivision Review.
b. Requests for minor changes from the approved Preliminary OPD or Sensitive
Areas Development Plan that do not constitute substantive changes, as
described in Subsection E, below, may be approved administratively without
further City Council action.
c. Appropriate legal papers must be submitted and approved prior to approval of
the Final OPD Plan or Final Sensitive Areas Development Plan.
d. A Final OPD Plan or Final Sensitive Areas Development Plan of only a portion of
the area rezoned to OPD may be approved if:
(1) The plan of such subarea meets all requirements of a Final OPD Plan; and
(2) The Final OPD Plan or Final Sensitive Areas Development Plan for the
subarea complies with the approved Preliminary Plan; and
(3) The dwelling unit density in the subarea does not exceed the dwelling unit
density approved under the Preliminary Plan for the specific area under
review; and
(4) The subarea can function as an independent development with adequate
vehicular and pedestrian access, services, utilities, open space, etc.; and
(5) The developer dedicates all public right-of-way necessary to support the
subarea.
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2. Issuance of Permits
a. The approved Final OPD Plan or Final Sensitive Areas Development Plan for the
entire development and/or any subareas shall be filed in the Department of
Housing and Inspection Services, and permits will be issued only for structures
and development activity conforming to the approved Final OPD Plan or Final
Sensitive Areas Development Plan, whichever is applicable.
b. Requests for minor changes to a Final OPD or Final Sensitive Areas
Development Plan that do not constitute substantive changes, as described in
Subsection E, below, may be approved administratively without further City
Council action.
c. 'If the underlying base zone is Residential and commercial uses are approved as
a part of the planned development, no building permit for a commercial use
shall be issued until a minimum of 25 percent of the housing units planned for
the area or approved subarea have been completed, or unless 25 percent of the
housing units planned for the area or approved subarea will be built
simultaneously.
E. Amending Approved OPD Plans or Sensitive Areas Development Plans
Requests for substantive changes to an approved Preliminary or Final OPD or Sensitive
Areas Development Plan may not be approved administratively, but must be submitted as
an amendment to such a plan and will be reviewed according to the procedures for
approval of a Planned Development Overlay Rezoning, as specified in this Section. A
substantive change is any significant change in the land uses, street locations, or character
of the development from what is shown on the approved OPD Plan or Sensitive Areas
Development Plan or any variation from the underlying zoning requirements or street
standards beyond the ranges approved on the Preliminary OPD Plan or Preliminary
Sensitive Areas Development Plan.
14-80-8 Vacation of Public Ri ht-of-Way
A. Optional Pre-Application Conference
Any person intending to apply for a Vacation of Public Right-of-way is encouraged to meet
with staff from the Department of Planning and Community Development to discuss basic
intentions before investing time in detailed plans. The purpose of the pre-application
conference is to review the proposed vacation and ensure that the applicant is familiar
with the review and approval procedures for a Vacation of Public Right-of-way.
B. Submittal Requirements
1. An application for a Vacation of Public Right-of-way must be filed with the City Clerk
on application forms provided by the Department of Planning and Community
Development.
2. Supporting materials must be submitted as specified on the application form.
3. The City Clerk shall forward said application to the Department of Planning and
Community Development.
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C. Staff Review
1. The Director of Planning or designee will review the application with regard to the
following factors:
a. Impact on pedestrian and vehicular access and circulation;
b. Impact on emergency and utility vehicle access and circulation;
c. Impact on access of adjacent private properties;
d. Desirability of right-of-way for access or circulation needs;
e. Location of utilities and other easements or restrictions on the property;
f. Any other relevant factors pertaining to the specific requested vacation.
2. Once information regarding utilities, adjacent property owners, and access issues has
been collected and reviewed, the Director of Planning or designee will forward a
written report and recommendation to the Planning and Zoning Commission
regarding the requested vacation.
D. Planning and Zoning Commission Review
After receipt of a report and recommendation from staff, the Planning and Zoning
Commission will schedule one or more public meetings to receive public comment
regarding the proposed vacation request. The COmmission will consider the evidence
presented in the application, in the staff report, and at the public discussion(s) and make a
recommendation for approval or disapproval to the City Council.
E. Purchase Offer
Unless the vacated right-of-way is to remain public property, the applicant must make a
purchase offer for the area proposed to be vacated. The purchase offer should reflect the
applicant's estimate of fair market value of the property. The estimate of the value of the
property to be vacated should be based on the assessed and/or appraised value of
adjacent or similar properties. Once a written purchase offer for the property is received,
a public hearing before the City Council will be scheduled.
F. Public Hearing On Vacation And Disposition
1. After the recommendation and report of the Planning and Zoning Commission have
been filed, and a written purchase offer has been received from the applicant, the
City Council will hold a public hearing on an ordinance to vacate the subject right-of-
way and on a resolution to dispose of the property to the applicant. Notice of such
hearing, and the time of place of such hearing must be published in a newspaper
having a general circulation in the City at least 7, but not more than 20 days before
the public hearing. In no case shall the public hearing be held earlier than the next
regularly scheduled City Council meeting following the published notice. The City
Council may set such public hearing before, after, or during the period when the
Planning and Zoning Commission is considering such matter.
2. If the City Council approves the ordinance and resolution to vacate and dispose of
the property, the Office of the City Attorney will complete the necessary documents
to deed the property to the applicant and complete the transaction.
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Historic Preservation Commission
Approval Procedures
Article E. Historic Preservation Commission Approval
Procedures
14-8E-l Designation of Historic Districts, Conservation Districts, and local
Historic landmarks
A. Initiation
1. The City Council may on its own motion or on petition designate by ordinance areas
ofthe City as Historic or Conservation Districts or may designate by ordinance local
Historic Landmarks. Any proposed Historic Landmark or Historic or Conservation
District initiated by the City Council must first be submitted to the Historic
Preservation Commission for its recommendation and report. Designating a Historic
District, Conservation District, or local Historic Landmark is considered an overlay
rezoning and as such must also, subsequent to consideration by the Historic
Preservation Commission, be submitted to the Planning and Zoning Commission for
its recommendation and report regarding the rezoning.
2. The Historic Preservation Commission may on its own motion or on petition
recommend to the City Council areas of the City for designation .as Historic or
Conservation Districts or properties for designation as local Historic Landmarks.
Designating a Historic District, Conservation District, or local Historic Landmark is
considered an overlay rezoning and as such must also be submitted to the Planning
and Zoning Commission for its recommendation and report regarding the rezoning.
B. Historic Landmark Applications
1. Applications for a Historic Landmark Designation must be filed in the Department of
Planning and Community Development on application forms provided by the City.
Supporting materials must be submitted as specified on the application form.
2. If the property has been registered on the National Register of Historic Places
(NRHP), the NRHP Registration Form must accompany the application.
C. Historic Preservation Commission Public Hearing
1. Upon receipt of an application for Historic Landmark designation or following initiation
of a proposal to designate a Historic or Conservation District, the Historic
Preservation Commission will hold a public hearing on the proposal.
2. The Historic Preservation Commission will give notice of the time, date, place and
subject matter of such public hearing at least seven (7) days prior to the hearing.
Such notice must be served by ordinary mail addressed to each property owner of
land included in such proposed district at the property owner's last known address. If
the address of any property owner is unknown, such notice must be served by
ordinary mail addressed to "owner" at the street address of the property in question.
An affidavit of mailing will be filed with the City Clerk setting forth the date that
notice was mailed and the names and addresses of all property owners notified
pursuant to this subsection.
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3. Following the public hearing, the Historic Preservation Commission will consider a
motion recommending approval of the proposed District or Historic Landmark.
4. Upon approval of the motion, the Historic Preservation Commission will submit an
application to rezone the proposed area to Historic District Overlay or Conservation
District Overlay, whichever is applicable. For properties proposed as local Historic
Landmarks, an application for a Historic District Overlay Rezoning must be submitted.
D. State Historic Preservation Office Review
Following the public hearing before the Historic Preservation Commission, the proposal will
be submitted to the State Historic Preservation Office (SHPO) for review and
recommendations. The City will make any recommendations made by the State Historic
Preservation Office available to the public for viewing during normal business hours at a
City government place of public access.
E. Planning and Zoning Commission Review
1. After receipt of the rezoning application and the report and recommendation of the
Historic Preservation Commission, the Planning and Zoning Commission will schedule
one or more public meetings to receive public comment regarding the proposed
district.
2. The Planning and Zoning Commission will review the proposed overlay rezoning
based on its relation to the Comprehensive Plan; as amended, to the provisions of
this litle, and to any proposed public improvements and other plans for the renewal
of the area involved. The Planning and Zoning Commission will recommend approval,
denial, or modification of the proposed Historic District or Conservation District
Overlay Zone.
3. If the Planning and Zoning Commission makes no report to the City Council within 45
days from the date the rezoning application was received, it shall be considered to
have made a report approving the proposed rezoning.
4. A two-thirds vote of the members of the Commission present at the meeting, but not
less than four votes, shall be required in consideration of such a rezoning.
5. If the Planning and Zoning Commission alters the area of the proposed district as
approved by the Historic Preservation Commission, the Planning and Zoning
Commission must submit a description of the altered proposed area or the petition
describing the area to the State Historic Preservation Office and the Historic
Preservation Commission for review and recommendations concerning the altered
proposed district.
F. City Council Public Hearing
1. After receiving the report and recommendation of the Historic Preservation
Commission and the Planning and Zoning Commission regarding the proposed
Historic District or Conservation District Overlay Zone, the City Council shall before
enacting any proposed Historic District or Conservation District Overlay Zone hold a
public hearing in relation thereto. Notice of such hearing, and the time of place of
such hearing must be published in a newspaper having a general circulation in the
City at least 7, but not more than 20 days before the public hearing. In no case shall
the public hearing be held earlier than the next regularly scheduled City Council
meeting following the published notice. The City Council may set such public hearing
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either before or after the proposed rezoning is submitted to the Planning and Zoning
Commission for its recommendation or during the period while the Planning and
Zoning Commission is considering such matter.
2. Following the public hearing, the City Council shall consider an ordinance
implementing the proposed Historic District or Conservation District Overlay Zone.
The City Council may approve or deny the ordinance or may refer the overlay zoning
to the Historic Preservation Commission for modification. Comments from the State
Historic Preservation Office must be received by the City Council prior to approval,
denial, or modification of the proposed rezoning.
3. If the City Council refers the overlay zoning back to the Historic Preservation
Commission for modification, the Commission will follow the procedures as set forth
in Subsections C through F of this Section, with the following exceptions:
a. Unless substantial modifications are proposed, the public hearing before the
Historic Preservation Commission may be waived.
b. Only property owners affected by the City Council's proposed modification shall
be notified by mail of the modification prior to action by the Historic
Preservation Commission.
G. Protests and Effect on Development Activity
Since a Historic District or Conservation District Overlay Rezoning is a type of Zoning Map
Amendment (Rezoning), such an overlay rezoning is subject to the same provisions for
Protest and Effect on Development Activity as for a Zoning Map Amendment as set forth in
Subsections 14-8D-SG and 14-8D-SH, above.
14-8E-2 Historic Review
A. Submittal Requirements
1. Applications for Historic Review must be filed with the Department of Planning and
Community Development on application forms provided by the City.
2. Supporting materials must be submitted as specified on the application form.
B. Levels of Historic Review
1. Minor Review
a. A minor review will be conducted for applications that meet the following
criteria:
(1) The application is for a specific change or changes to the exterior of a
noncontributing property located in a Conservation District; and
(2) The proposed change is of a type specifically defined and listed as eligible
for Minor Review in the Iowa City Historic Preservation Handbook, as
amended.
b. Applications for minor review will be reviewed by a designated Commission
member or designated staff to the Commission. Applications will be approved
upon finding that the proposed change to the property will have no material
effect on the historic character of the Conservation District. Decisions may be
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appealed to and reviewed by the Historic Preservation Commission, if so
requested by the applicant. If there is evidence that the proposed change may
have a material effect on the historic character of the Conservation District, the
application for minor review will be deferred and will be forwarded for major
review by the Historic Preservation Commission.
c. A written report of the minor reviews processed shall be made to the
Commission at the next scheduled Commission meeting.
2. Intermediate Review
a. An intermediate review will be conducted for applications that meet the
following criteria:
(1) The application is for a specific change or changes to the exterior of a
contributing property located in a Conservation District; and
(2) The proposed change is of a type specifically defined and listed as eligible
for Intermediate Review in the Iowa City Historic Preservation Handbook,
as amended.
b. Applications for intermediate review will be reviewed jointly by the designated
Commission staff and the Historic Preservation Commission Chair or the Chair's
designee. Decisions may be appealed to the Historic Preservation Commission, if
so requested by the applicant. If the Historic Preservation Commission Chair
determines that an application warrants review by the full Commission, said
application will be forwarded for major review.
c. A written report of the intermediate reviews processed shall be made to the
Commission at the next scheduled Commission meeting.
3. Major Review
a. A major review will be conducted for applications that meet one or more of the
following criteria:
(1) The application is for a change or changes to a property located in a
Historic District; or
(2) The application is for a change or changes to a property that has been
designated a Historic landmark; or
(3) The application is for a specific change or changes to the exterior of a
property located in a Conservation District that does not qualify for minor
or intermediate review; or
(4) The application is for minor or intermediate review and has been
recommended for major review by the designated Commission staff or
Commission Chair; or
(5) An appeal of a decision regarding a minor or intermediate review.
b. Applications for major review will be reviewed by the Historic Preservation
Commission. Applications that are denied may be appealed to the City Council if
the property is a Historic landmark or a property located within a Historic
District; or appealed to the Board of Adjustment if the property is located within
a Conservation District.
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C. Approval Procedure
Applications for Historic Review will be reviewed for compliance with the applicable
approval criteria for historic review as set forth in Article 14-3B, Historic District and
Conservation District Overlay. Historic Review will result in one of the following outcomes:
1. If the proposed material change to the property will have no effect on any
architecturally significant feature or there will be no change in appearance to a
Landmark or property located within a Historic or Conservation District, a Certificate
of No Material Effect will be issued, signed by the Chair of the Historic Preservation
Commission or designee and be transmitted along with the application to the Building
Official and the City Clerk.
2. If the application is approved or approved with modifications acceptable to the
applicant, a Certificate of Appropriateness will be issued, signed by the Chairperson
or designee and be transmitted along with the application to the Building Official and
the City Clerk.
3. If the application is disapproved, the Commission will issue a written decision setting
forth the factual basis for the decision and the vote of each member participating
therein. The decision will be issued, signed by the Chairperson or designee and be
transmitted along with the application to the Building Official and the City Clerk.
D. Appeals
Any person aggrieved by any decision of the Commission regarding an application for
historic review in a historic district or for a historic landmark, may appeal the action to the
City Council. Any person aggrieved by any decision of the Commission regarding an
application for historic review in a Conservation District may appeal the action to the Board
of Adjustment. Procedures for such appeals is set forth below.
1. Any appeal submitted by the applicant must be in writing and must be filed with the
City Clerk no later than 10 business days after the filing of the above-mentioned
decision. An appeal submitted by an aggrieved party, other than the applicant, must
be in writing and must be filed with the City Clerk no later than 10 business days
after construction work pursuant to an approved Certificate of Appropriateness,
Certificate of No Material Effect, or Certificate of Economic Hardship is observable
from adjacent properties or the public right-of-way or 10 business days after an
alleged violation of this Article is similarly observable.
2. The City Councilor Board of Adjustment, as applicable, shall, within a reasonable
time, hold a public hearing on the appeal, give the public notice as required by State
law, as well as provide written notice to the applicant and to the appellant, if different
from the applicant, and decide the appeal within a reasonable time.
3. In deciding such appeal, the City Council or the Board of Adjustment, as applicable,
shall consider whether the Commission has exercised its powers and followed the
guidelines established according to this Title, and whether the Commission's action
was patently arbitrary or capricious.
4. In exercising the above-mentioned powers the City Council or the Board of
Adjustment, as applicable, may in conformity with the provisions of this Article or
ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or
modify, wholly or partly, the order, requirement, decision or determination appealed
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from and may make such order, requirement, decision or determination as ought to
be made, and to that end shall have all the powers of the Historic Preservation
Commission.
14-8E-3 Certificate of Economic Hardship
A. Initiation of Review
After receiving written notification from the CommiSsion of the disapproval of a Certificate
of Appropriateness, the owner of record may apply for a Certificate of Economic Hardship.
B. Submittal Requirements
1. Applications for a Certificate of Economic Hardship must be filed with the Department
of Planning and Community Development on application forms provided by the City.
2. Supporting materials must be submitted as specified on the application form. In the
application, the owner must provide evidence that the approval criteria for a
certificate of economic hardship as set forth in Article 14-3B, Historic District and
Conservation District Overlay, are met.
3. The owner must in good faith consult with the Historic Preservation Commission,
local preservation groups and interested parties in a diligent effort to seek an
alternative that will result in preservation of the property. Documentation of such
effort must be presented to the Commission.
C. Approval Procedures
1. The Historic Preservation Commission will hold a public hearing on the application for
the Certificate of Economic Hardship within sixty (60) days following receipt of a
complete application and all information requested by the Commission.
2. The public hearing will result either in approval or denial of the application for a
Certificate of Economic Hardship. The Commission will issue a written decision
setting forth the factual basis for the decision and vote of each member participating
therein. The written decision will be issued, signed by the Chairperson or designee
and be transmitted along with the application to the Building Official and the City
Clerk. If the Commission finds that unreasonable. economic hardship exists, a
Certificate of Economic Hardship will be issued, specifying the material changes that
are authorized thereto.
3. For the purpose of developing alternative solutions to the economic hardship, the
Historic Preservation Commission may consult with professional architects, engineers,
contractors, realtors, appraisers or other consultants that have expertise in the
rehabilitation, repair, maintenance and value of historic properties. If the
Commission chooses to use said consultation, the Commission may delay issuing any
certificate for a period of 90 days. .
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General Definitions
CHAPTER 9. DEFINITIONS
Article A. General Definitions
Except when alternate definitions apply as specified in Articles B through F of this Chapter, the
following definitions shall apply to terms used in this Title. Descriptions and definitions of land
use categories are set forth in Article 14-4A, land Use Classification; although, where it is
deemed necessary for clarification, more specific definitions of certain land use category
subgroups and specific land uses are defined below.
ABUT/ABUTTING: Contiguous; having a common boundary, wall, or property line.
ACCESS: The place, means or way by which pedestrians or vehicles have ingress and
egress to a property or parking area.
ACCESSORY APARTMENTS: A temporary accessorY dwelling unit located within an
owner-occupied, single-family home or in an accessory building and meeting the
requirements of this Title.
ACCESSORY BUILDING/USE/STRUCTURE: A building, structure, or use which:
a. is subordinate to the principal use of the property and contributes to the
comfort, convenience or necessity of occupants, customers, or employees of the
principal use; and
b. is under the same ownership as the principal use or uses on the property; and
c. does not include structures, structural features, or activities inconsistent with
the uses to which they are accessory; and
d. Except for off-street parking located on a separate lot as approved through a
special exception, is located on the same lot as the principal use or uses to
which it is accessory.
ADDmON: An extension or increase in floor area or height of a building or structure.
ADULT BUSINESS USE: See "Adult Business Use" as defined in Article 14-4A, land Use
Classification.
ADULT DAYCARE: An organized program of short-term supportive daycare in a group
environment for adults who need supervision, assistance or both. Services may
include, but shall not be limited to, nursing ana rehabilitative services, personal care,
transportation services, social or recreational activities and preventative or restorative
services. See "Daycare" as defined in Article 14-4A, land Use Classification.
AISLE: A permanent, durable surface connected directly to a parking or loading space and
designed to permit ingress or egress of a vehicle. An aisle is not the same as a drive
(See DRIVE/DRIVEWAY).
AGRICULTURE USE: See "Agricultural Uses" as defined in Article 14-4A, land Use
Classification.
ALLEY: An open public way intended for use as a means of vehicular access to abutting
property .
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ALTER/ALTERATION: A structural alteration, enlargement or remodeling of a building or
the moving of a building from one location to another.
ANIMAL-RELATED COMMERCIAL USE: See "Animal-Related Commercial Use" as
defined in Article 14-4A, Land Use Classification.
APARTMENT HOUSE: See "Household Living, Multi-Family Uses" as defined in Article 14-
4A, Land Use Classification.
ARTERIAL STREET: See STREET, ARTERIAL
ARCADE: A continuous, covered passageway parallel to and open to a street, private or
public open space, or building, and typically accessible and open to the public.
ASSESSED VALUE: The value of real property as established by the City Assessor. It is
the value upon which the next fiscal year's real estate taxes are based.
AVIATION-RELATED USE: See "Aviation-Related Uses" as defined in Article 14-4A, Land
Use Classification.
BALCONY: A covered or uncovered platform area projecting from the wall of a building,
enclosed by a railing, accessible from above grade and not attached to the ground.
BASEMENT: A portion of a building located partially underground but having 3.5 feet or
more of its f1oor-to-ceiling height above grade. A basement is counted as a story for
the purpose of height and setback regulations.
BASIC UTILITIES: See "Basic Utility Uses" as defined in Article 14-4A, Land Use
Classification.
BED AND BREAKFAST HOMESTAY: An accessory use within an owner-occupied single-
family or duplex dwelling unit, in which no more than 3 bedrooms are provided to
guests who stay for periods not to exceed 14 consecutive days.
BED AND BREAKFAST INN: An accessory use within an owner-occupied single-family or
duplex dwelling unit with a maximum of five bedrooms provided to guests who stay
for periods not to exceed 14 consecutive days.
BOARD OF ADJUSTMENT: A quasi-judicial board, the creation of which is authorized by
the Code of Iowa, as amended. The Board of Adjustment is authorized to grant
variances and special exceptions and is authorized to hear appeals of administrative
decisions of the City Manager or designee in the enforcement of this Title or of any
ordinance adopted pursuant thereto.
BUILD: To construct, assemble, install, convert, enlarge, reconstruct or structurally alter a
building or structure.
BUILDABLE AREA: The area remaining on a lot after the minimum open space
requirement for setbacks has been met.
BUILDING: Any structure with a roof and designed or intended to support, enclose,
shelter or protect persons, animals or property.
BUILDING, DETACHED: A building that is not connected to another building.
BUILDING AREA: The area of a building within its largest outside dimensions, computed
on a horizontal plane at the first floor level, exclusive of open porches, breezeways,
terraces and exterior stairways.
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BUILDING COVERAGE: The amount of land covered or permitted to be covered by
building area, usually measured in terms of lot percentage.
BUILDING HEIGHT: The vertical distance from grade to the roofline. (See definitions of
Grade and Roofline, below.)
BUILDING LINE: The front setback line as specified for principal buildings.
BUILDING OFFICIAL: The City employee designated to enforce this 11tle.
BUILDING PERMIT: Official certification that a proposed improvement complies with the
provisions of this Title and other applicable ordinances. A building permit is required
for new construction, demolition, and for alterations or additions to existing
structures, prior to commencement of construction or demolition. (See Title 17:
Building and Housing)
CELLAR: A portion of a building located partially or wholly underground and having less
than 3.5 feet of its f1oor-to-ceiling height above grade. A cellar is not counted as a
story for the purpose of height and setback regulations.
CERTIFICATE OF OCCUPANCY: Official certification that a premises conforms to
provisions of this Title and other applicable ordinances and may be used or occupied.
A certificate of occupancy is granted upon completion of new construction or
completion of alterations or additions to existing structures.
CHILDCARE CENTER: A nonresidential daycare use, which provides less than 24- hours-
per-day care or supervision for 12 or more children, and is licensed by the State. (See
"Daycare" as defined in Article 14-4A, Land Use Classification.)
CHILDCARE HOME: A daycare use that is accessory to a Household Living Use, which
provides less than 24-hours-per-day care or supervision in a residence for a
maximum of 16 children at anyone time. (See "Daycare" as defined in Article 14-4A,
Land Use Classification.)
CITY COUNCIL: The City Council of Iowa City, Iowa.
CITY: The City of Iowa City, Iowa.
COLLECTOR STREET: See STREET, COLLECTOR.
COLLEGES AND UNIVERSmES: See "Colleges and Universities" as defined in Article
14-4A, Land Use Classification.
COMMERCIAL PARKING: See "Commercial Parking Uses" as defined in Article 14-4A,
Land Use Classification.
COMMERCIAL RECREATIONAL USE: See "Commercial Recreational Uses" as defined in
Article 14-5A, Land Use Classification.
COMMUNICATIONS/BROADCAST TOWER: A structure that is intended to support
equipment used to transmit or receive telecommunications signals. Examples of such
towers include monopoles and lattice steel structures. (See Communication
Transmission Facilities as defined in Article 14-4A, Land Use Classification)
COMMUNICATIONS TRANSMISSION FACILITY USES: See "Communications
Transmissions Facility Uses" as defined in Article 14-4A, Land Use Classification.
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COMMUNITY SERVICE USE: See "Community Service Uses" as defined in Article l4-4A,
Land Use Classification.
CONFINEMENT FEEDING OPERATIONS: One or more roofed, or partially roofed,
enclosures intended to confine animals for feeding and growth prior to slaughter and
which are designed to contain liquid or semi-liquid animal waste.
CONSERVATION DISTRICT: See Section 14-36-2, Conservation District Overlay for a
detailed definition of a conservation district.
CONSIGNMENT STORE: A retail establishment engaged in selling used merchandise,
such as clothing, furniture, books, shoes or household appHances, on consignment, or
a retail establishment engaged in selling donated used merchandise which is
operated by an organization granted Federal tax exemption pursuant to section
SOl( c)(3) of the Internal Revenue Code, as amended. Merchandise is brought to the
establishment and processed by marking, cleaning, sorting and storing as a major
part of the principal use. Such stores do not include those selling vehicles, auto parts,
scrap or waste.
CONVERSION: Any change from one principal use to a principal use in another use
category. Conversion also includes any change from one principal use to another
principal use in a different use category subgroup. For example, it is considered a
conversion if the use of a site is changed from a Single Family Use to a Multi-Family
Use or if a Sales-Oriented Retail Use is changed to a Repair-Oriented Retail Use.
COTTAGE INDUSTRY: A firm that manufactures and/or assembles goods that are
intended for on-site sales to the general public for personal or household
consumption. The goods may also be sold at wholesale to other outlets or firms, but
on-site, retail sales is a significant component of the operation. The manufacturing
component for such a firm is small in scale. Size limitations may apply to such uses in
commercial zones to keep the uses in scale and character with surrounding land
uses.
CREMATORIUM/CREMATORY: A furnace or establishment for the cremation of
corpses. Crematoriums for human corpses are sometimes established as accessory
uses to a cemetery, mortuary, funeral home, or hospital; however, if established as a
principal use on a property, will be considered a Personal Service-Oriented Retail Use
for purposes of this Title. Crematoriums for pets are sometimes established as an
accessory use to a cemetery, mortuary, funeral home, or veterinary clinic; however, if
established ils a principal use on a property, will be considered a General Animal-
Related Commercial Use for purposes of this Title.
CUL-DE-SAC: See STREET, CUL-DE-SAC.
DAYCARE: See "Daycare Uses" as defined in Article l4-4A, Land Use Classification.
DECK: A covered or uncovered platform area abutting the wall of a building, accessible at
or from above grade and attached to the ground.
DENSITY, GROSS: The number of dwelling units per unit area of land, usually expressed
as dwelling units per acre.
DESIGN REVIEW DISTRICT: An area designated by the City Council that contains
contiguous parcels of real property, the built portions of which:
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(1) Are expressive of the defining architectural and other physical and aesthetic
properties that give evidence to the physical traditions of Iowa City and/or unique
features of the area; or
(2) Lack any defining physical or aesthetic qualities but constitute areas in which the
City wishes to establish such qualities.
DETENTION FACILmES: See "Detention Facilities" as defined in Article 14-4A, Land
Use Classification.
DEVELOPMENT/DEVELOPMENT ACTIVITY: Any human-made change to improved or
unimproved property, including, but not limited to, placement of manufactured
housing, buildings or other structures, construction, demolition, clearing, mining,
dredging, filling, grading, paving, excavating or drilling. Development activity does
not include transfer of ownership.
DISABILITY/HANDICAP: With respect to an individual person, a verifiable physical or
mental impairment that substantially limits one or more of such person's major life
activities and is expected to be long continued and of indefinite duration.
DOWNZONING: A change in the zoning classification of land to a classification permitting
less intensive or less dense development, such as from a multi-family zone to a single
family zone or from a commercial or industrial zone to a residential zone.
DRIVE/DRIVEWAY: An permanent, durable surface designed to provide vehicular
access from a street to a lot or to provide vehicular access between different parts of
a lot or parking area. With regard to parking areas, a drive is not the same as an
aisle (See AISLE, above).
DWELLING: A building wholly or partially used or intended to be used for residential
occupancy .
DWELLING, DETACHED SINGLE FAMILY: A Single Family Use that is not attached to
any other dwelling unit. (See Single Family Use as defined in Article 14-4A, Land Use
Classification.)
DWELLING, DUPLEX: A Two Family Use as defined in Article 14-4A, Land Use
Classification.
DWELLING, FARM: A Detached Single Family Dwelling located on a farm and occupied
by the family that maintains and operates, owns or leases the farm on which the
dwelling is located.
DWELLING, MULTI-FAMILY: See Multi-Family Uses, as defined in Article 14-4A, Land
Use Classification.
DWELLING, SINGLE FAMILY: See Single Family Uses, as defined in Article 14-4A, Land
Use Classification.
DWELLING, ZERO LOT LINE: A Single Family Use with one or more walls located on a
side lot line that is not a street or alley right-of-way line. Zero Lot Line Dwellings may
be attached or detached. (See Single Family Uses as defined in Article 14-4A, Land
Use Classification.)
DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located
within a dwelling and forming a single unit with facilities used or intended to be used
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by one household for living, sleeping, cooking and eating meals. Multiple dwelling
units exist if there is more than one meter for any utility, more than one address to
the property, more than one kitchen; and/or if there is a lockable, physical separation
between rooms within the dwelling unit such that a room or rooms on each side of
the separation could be used as a dwelling unit.
DWELLING UNIT, EFFICIENCY: A dwelling unit within a Multi-Family Use consisting of
one principal room, in additibn to a bathroom, hallway and closets, which serves as
the occupant's living room and bedroom. The kitchen may be located in this principal
room or may be located in a separate room.
EASEM ENT: A right given by the owner of land to another person or persons for specific
limited use of that land, e.g., to allow access to another property or for utilities.
EATING AND DRINKING ESTABLISHMENTS: See "Eating and Drinking
Establishments" as defined in Article 14-4A, Land Use Classification.
EDUCATIONAL FACILmES, GENERAL: Elementary and secondary schools below
university grade (ordinarily grades one through 12), including denominational and
sectarian schools, kindergartens and military academies. (See Educational Facilities as
defined in Article 14-4A, Land Use Classification.)
EDUCATIONAL FACILmES, SPECIALIZED: Schools primarily engaged in offering
specialized trade, business, or commercial courses, but not academic training. Also
specialized nondegree-granting schools, such as music schools, dramatic schools,
dance studios, martial arts studios, language schools and civil service and other
short-term examination preparatory schools. (See Educational Facilities as defined in
Article 14-4A, Land Use Classification.)
ELDER: A person at least 55 years old.
ELDER APARTMENT HOUSING: A Multi-Family Use intended for use and occupancy by
elders and persons with disabilities.
ELDER FAMILY HOME: A Group Household that is managed or owned by a responsible
party and offers a social living arrangement for at least 2, but for no more than 8
persons living in the residence, the majority of whom are elders, who are essentially
capable of physical self-care.
ELDER GROUP HOME: A Group Household that is the residence of a person who is
providing room, board and personal care for up to five elders who are not related to
the caregiver. Personal care in this case means.assiStance with the essential activities
of daily living which the recipient can perform personally only with difficulty, and may
include bathing, personal hygiene, dressing, grooming and the supervision of self-
administered medications, but does not include the administration of medications.
ELDERLY HOUSING: A Multi-Family Use, Group Household Use, or Group Living Use
intended for use and occupancy by elders and persons with disabilities.
ENLARGEMENT/EXPANSION: An increase in the volume of a building, an increase in
the area of land or building occupied by a use, an increase in the number of
bedrooms within a dwelling unit or an increase in the number of dwelling units. For
non-residential buildings an increase in the occupancy load of a building is considered
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an enlargement/expansion. For Group Living Uses, any alteration that allows an
increase in the number of residents is considered an enlargement/expansion.
EXTRACTION USE: See "Extraction Uses" as defined in Article 14-4A, Land Use
Classification.
FAMILY: One person or 2 or more persons related by blood, marriage, adoption or
placement by a governmental or social service agency, occupying a dwelling unit as a
single housekeeping organization. A family may also include the following:
. Two, but not more than two persons not related by blood, marriage or adoption;
or
. Up to eight persons with verifiable disabilities, as defined by the Fair Housing
Amendments Act of 1988, who are occupying a dwelling unit as a single
housekeeping organization.
FAMILY CARE HOME: A type of Group Household, such as a residential care facility, a
child foster care facility, a supervised apartment living arrangement or other small
group residential arrangement for not more than eight persons with verifiable
disabilities, as defined by the Federal Fair Housing Act, as amended, that are
occupying a dwelling unit as a single housekeeping unit. Certain types of family care
homes may require a government license or approval and may provide room and
board, personal care, rehabilitation services, and supervision by counselor(s) or a
resident family. An individual foster care family home licensed under Chapter 237 of
the Code of Iowa, as amended, is not considered a family care home; such a living
arrangement would be considered a "family" under this Title. Alternatives to
incarceration, such as halfway houses, where residents of the facility are placed by
order of the court and are under 24-hour supervision of employees or contractees of
the Iowa Department of Corrections, are classified under this Title as Detention
Facilities and not as family care homes.
FARM: An area of not less than 10 acres for which the principal use is growing farm
products, such as vegetables, fruits and grain, for sale C1nd storing those products on
the land. The term "farm" includes the necessary accessory uses and buildings for
treating and storing the food produced.
FEEDLOT: An lot, yard, corral or other area where livestock are confined, primarily for the
purposes of feeding and growth prior to slaughter. The term does not include areas
which are used for raising crops or other vegetation or upon which livestock are ,
allowed to graze.
FLOOR AREA RATIO (FAR): The numerical value obtained by dividing the floor area
within a building or buildings on a lot by the area of such lot. The floor area of a
basement or cellar is not included in this calculation.
FLOOR AREA: The total area of all floors of a building, or a portion of a building,
measured to the outside surface of exterior walls or to the center line of walls of
attached buildings or uses. Floor area includes all space within the building, including
space in the basement or cellar, if such space is used for a principal or accessory use.
However, floor area does not include the area of garages, porches, balconies and
other appurtenances. Floor area of basements and cellars is excluded from the
calculation of FAR (See FLOOR AREA RATIO).
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FRATERNITY/SORORITY: A Fraternal Group Living Use used as a residence and as a
center for activities and operations by a chapter of a nonprofit fraternity or sorority
recognized by a College or University, as defined in Article 14-4A, Land Use
Classification. This definition does not include a rooming house.
FRONTAGE: The distance as measured along a right-of-way line from one intersecting
street to another, from one intersecting street to the end of a dead-end street or
from one intersecting street to the end of a cul-de-sac.
\ I
\ I
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FUNERAL HOME: A Personal Service-Oriented Retail Use where the deceased are
prepared for burial, funerals are conducted, and which provides for viewing of the
deceased. Funeral homes may include crematoriums as an accessory use subject to
compliance with any State or Federal regulation.
GARAGE, PRIVATE: An accessory building that is used primarily for storing motor
vehicles and which is under the control of and used by the occupants of the principal
building on the site. .
GRADE (Adjacent Ground Elevation): The average point of elevation of the finished
surface of the ground, paving or sidewalk within the area between the building and
the property line or, when the property line is more than five feet from the building,
between the building and a line five feet from the building. When the finished surface
of the ground has been raised by adding fill to create a higher grade around a
building for determining the building height or number of stories, the slope of the fill
within 20 feet of the building shall not exceed 4 horizontal to one vertical or 25
percent.
GROUND FLOOR/FIRST FLOOR: The lowest floor of a building having its floor-to-
ceiling height at or above the grade.
GROUP CARE FACILITY: An Assisted Group Living Use that is government licensed or
approved and that provides services in a residential setting to more than eight
individuals, not including resident staff. These individuals are persons with one or
more disabilities, as defined by the Federal Fair Housing Act, as amended, who are in
need of adult supervision and who are provided services in accordance with their
individual needs. This definition also includes facilities, such as nursing homes, that
provide residential services and skilled care to convalescents or the elderly.
GROUP HOUSEHOLD: A family care home, elder family home, or elder group home, as
defined in this Title, wherein a collective number of individuals live together in one
dwelling unit as a single housekeeping unit, where the relationship between the
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individuals is of a regular and permanent nature and has a distinct domestic
character, similar to a family.
GROUP LIVING USE: See Group Living Uses as defined in Article 14-4A, land Use
Classification. Group Living Uses include Assisted Group Living Uses, Independent
Group Living Uses, Fraternal Group Living Uses.
GUEST: An individual who shares a dwelling on a temporary basis for not more than 30
days in any given calendar year; or, a person who stays in a Hospitality-Oriented
Retail Use.
GUEST HOUSE: A small Hospitality-Oriented Retail Use containing 9 or fewer bedrooms
providing lodging for guests, which is licensed as a hotel by the State and subject to
City inspection and compliance with the Iowa City Housing Code.
HEDGE: A boundary formed by a row of closely planted shrubs or bushes.
HISTORIC DISTRICT: See definition of Historic Districts in Section 14-36-1, Historic
District Overlay Zone.
HISTORIC LANDMARK: See definition of Historic landmark in Section 14-36-1, Historic
District Overlay Zone.
HOME OCCUPATION: An accessory use consisting of an occupation or profession carried
on by a person residing on the premises.
HOSPITAL: See "Hospitals" as defined in Article 14-4A, land Use Classification.
HOSPITALITY-ORIENTED RETAIL USE: See "Retail Use, Hospitality-Oriented," as
defined in Article 14-4A, land Use Classification.
HOTEL: A Hospitality-Oriented Retail Use that is licensed by the State and occupied and
used principally as a place of lodging for guests. Hotels mayor may not provide
meals and there are usually no cooking facilities in the guest rooms.
HOUSEHOLD:
In the ID, RR-1, RS Zones, RNS-12, RM-12, MU, and CN-1 Zones a Household is
defined as:
. One person; or
. 2 or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency plus up to 1 unrelated person, occupying a
dwelling unit as a single housekeeping organization; or
. a group of not more than 3 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
. A group of persons that meet the definition of a Group Household, as defined in
this Title.
In the RNS-20, CO-1, and RM-20 Zones a Household is defined as:
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. One person; or
. Two or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency plus up to 2 unrelated persons, occupying
a dwelling unit as a single housekeeping organization; or
. a group of not more than 4 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
. A group of persons that meet the definition of a Group Household, as defined in
this Title.
In the RM-44, PRM, CC-2, CB-2, CB-5, and CB-lO Zones, a Household is defined as:
. One person; or
. Two or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency plus up to 3 unrelated persons, occupying
a dwelling unit as a single housekeeping organization; or
. a group of not more than 5 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
. A group of persons that meet the definition of a Group Household, as defined in
this Title.
HOUSEHOLD LIVING USE: See "Household Living Uses" as defined in Article 14-4A,
Land Use Classification.
INDUSTRIAL SERVICE USE: See "Industrial Service Uses" as defined in Article 14-4A,
Land Use Classification.
KENNEL: An establishment where small animals are bred, raised, trained, groomed, or
boarded for compensation, sale or other commercial purposes.
LIVESTOCK: Cattle, sheep, swine, poultry and other animals or fowl that are produced
primarily for use as food or food products for" human consumption.
LOADING SPACE, OFF-STREET: Space logically and conveniently located and designed
for bulk pickups and deliveries and accessible to delivery vehicles from aisles.
LOCAL STREET: See STREIT, LOCAL
LODGING HOUSE: See ROOMING HOUSE.
LONG-TERM CARE FACILITY: See GROUP CARE FACILITY.
LOT: A plot, separate tract or parcel of land with fixed boundaries suitable for occupancy
by a use.
LOT, CORNER: A lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE: A lot having frontage on two parallel or approximately
parallel streets.
LOT, INTERIOR: A lot bounded by a street on only one side.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts the side of another lot.
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LOT AREA: The total area within the lot lines of a lot, excluding any public or private
street rights-of way.
LOT COVERAGE: The percentage of the lot area covered by certain specified elements of
development. There are a number of lot coverage standards within this Title,
including building coverage standards, setback coverage standards, and standards
related to the amount of land that can be covered by accessory uses.
LOT DEPTH: The average horizontal distance between the front lot line and the rear lot
line or the distance between the midpoint of the front lot line and the midpoint of the
rear lot line. On a double frontage lot, lot depth is the average horizontal distance
between the two parallel or approximately parallel front lot lines.
LOT FRONTAGE: The continuous width of a lot measured along the street right-of-way
line.
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LOT LINE: A line oriented by stable points of reference which establishes one boundary of
a lot.
LOT UNE, FRONT: A lot line separating a lot from the street right-of-way. On corner
lots, the front lot line is the shortest street dimension, unless the lot is square or
almost square, having dimensions at a ratio between three to two (3:2) and three to
three (3:3). In that case, the front lot line may be along either street. On double
frontage lots there are two front lot lines.
LOT LINE, REAR: The lot line opposite and most distant from the front lot line. In the
case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet long,
parallel" to and farthest from the front lot line. However, on a double-frontage lot
there is no rear lot line.
LOT LINE, SIDE: Any lot line that is not a street-side lot line, front lot line or rear lot line.
LOT LINE, STREET-SIDE: Any lot line that separates a lot from a public or private street
(not including alleys or private rear lanes).
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LOT WIDTH: The length of the front setback line. On corner and double frontage lots,
the lot width is measured along the shortest street frontage, unless the lot is square
or almost square, having dimensions at a ratio between three to two (3:2) and three
to three (3:3). In that case, the lot width may be measured along either street.
MAIN ENTRANCE (TO A RESIDENTIAL USE): The primary entrance located on the
exterior wall of a building used by residents of a dwelling to gain access to their
dwelling unit. Such an entrance is typically located on a street-facing wall of the
dwelling. An entrance to a dwelling from a parking garage is not a main entrance.
MANUFACTURED HOME: A Detached Single Family Dwelling which is manufactured or
constructed under the authority of 42 U.s.c. section 5403, Federal Manufactured
Home Construction and Safety Standards, as amended, 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
399
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body or frame llny wheels or axles. A mobile home constructed to the Federal
Manufactured Home Construction and Safety Standards, as amended, is not a
manufactured home unless it has been converted to real property and is taxed as a
site-built dwelling as provided in the Code of Iowa, as amended.
MANUFACTURED HOUSING PARK: A tract of land which has been planned and
improved for the placement of manufactured homes, mobile homes or modular
homes on leased lots.
MANUFACTURED HOUSING LEASE LOT: A plot of ground in a manufactured housing
park designed to accommodate one dwelling unit and which is leased to the owner or
tenant of the dwelling unit.
MANUFACTURING AND PRODUCTION USE: See "Manufacturing and Production Uses"
as defined in Article 14-4A, Land Use Classification.
MOBILE HOME: Any vehicle without motive power used, manufactured or constructed so
as to permit its conveyance upon the public streets and highways and designed,
constructed or reconstructed so as to permit its use for year-round occupancy as a
dwelling. The vehicle must contain 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. Mobile homes are classified as Detached Single Family Dwellings
if converted to real property and taxed as a site built dwelling, as provided in the
Code of Iowa, as amended, or if they are located within a manufactured housing park
approved through a Planned Development Overlay Rezoning process.
MODEL DWELLING UNIT: A permanent structure within a residential zone, which is
primarily intended to be used as a dwelling unit, but which is temporarily being used
for marketing purposes as an example of other units to be built in the same
development. Model Dwelling Units are considered provisional Temporary Uses as set
forth in Article 14-4D, Temporary Uses.
MODULAR HOME: Any Detached Single Family Dwelling manufactured, in whole or in
components, at a place other than the location where it is to be placed; which is
assembled, in whole or in components, at the location where it is to be permanently
located; which rests on a permanent foundation or slab; which does not have wheels
or axles affixed as a part of its normal construction; and which does not require a
license by any agency as a motor vehicle, special equipment, trailer, motor home or
mobile home.
MOTEL: A Hospitality-Oriented Retail Use that is licensed by the State, usually located
along highways, occupied by and used principally as a place of lodging for guests.
The term "motel" includes "motor hotel".
MIXED-USE BUILDING: A building that contains a mix of residential dwelling units and
commercial or institutional uses.
MUNICIPAL PARKING FACILITY: A Commercial Parking Facility owned and operated
by the City, and designed to accommodate the off-street parking of motor vehicles as
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a capital improvement. Such parking may be located in a structured parking facility, a
surface lot or a combination thereof.
NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded
by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate
Railway Main Line on the south and Madison Street on the west, except for Blocks 10
and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition; Lots
3, 4, 5, the east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County
Seat Addition; and Lots 10-15, Lyon's First Addition.
NEIGHBORHOOD CENTER: A use owned and operated by a nonprofit organization, as
defined by section 501( c)(3) of the Internal Revenue Code, as amended, providing a
place for social services, such as child care, supervised recreation, counseling referral
for children and adults or support groups for children and adults. Such services
should be intended primarily, though not exclusively, for those persons living within a
mile radius of the center.
NONCONFORMING DEVELOPMENT: Nonconforming development is an element of a
development, such as a parking area, a loading area, outdoor lighting, landscaping,
screening, or signage that was established in conformance with the Zoning Code, but
which subsequently, due to a change in the zoning or to the requirements of the
Zoning Code, is no longer in conformance with the current applicable standards.
NONCONFORMING LOT: A nonconforming lot is a lot of record that was established in
conformance with the minimum lot area, width, and frontage requirement of the
Zoning Code, but which subsequently, due to a change in the zone or the
requirements of the Zoning Code, is no longer in conformance with one or more of
these requirements.
NONCONFORMING RESIDENTIAL OCCUPANCY: Nonconforming occupancy is the
occupancy of a residential use that was established in conformance with the
occupancy standards of the City Code, but which subsequently, due to a change in
the zone, a change in the definition of "household," or any other change in the
occupancy standards of the City Code, is no longer in conformance with the current,
applicable residential occupancy standards.
NONCONFORMING STRUCTURE: A nonconforming structure is a structure or portion of
a structure that was established in conformance with the setback, building height,
building width, and lot coverage standards, or other requirements or standards of the
Zoning Code that relate to the design of the building or structure, but which
subsequently, due to a change in the zone or to the requirements of the Zoning
Code, is no longer in conformance with one or more of these standards.
NONCONFORMING USE: A nonconforming use is a use that when established was a
permitted use, was allowed as a provisional use, or was approved as a special
exception, but which subsequently, due to a change in the zone or to the
requirements of the Zoning Code, is no longer allowed. This definition includes
residential uses that exceed the allowable residential density of a zone (minimum lot
area per unit requirements) and uses that exceed the maximum floor area ratio or
maximum floor area standards specified for a particular use or zone.
NURSING HOME: See GROUP CARE FACILITY.
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OFFICIALLY APPROVED PLACE: A private street permitted prior to 1984. Such streets
were established either by the City Council or by the Board of Adjustment as a
variance to the requirement that a lot front on a public street.
OPEN SPACE USE: See "Parks and Open Space Use," as defined in Article 14-4A, Land
Use Classification.
OPEN SPACE, PRIVATE, SHARED: Open space, the use of which is shared by
occupants of an entire subdivision or planned development, but which is not
generally open to the public. Such open space is typically managed and maintained
by an owner's association.
OPEN SPACE, PRIVATE: Open space used by occupants of the dwelling unit or units on
one lot. Such open space and any private recreational facilities located therein are
considered an accessory use to the principal use of the property. .
OPEN SPACE, PUBLIC: Open space that has been dedicated for pUblic use or for which
an easement has been granted for public use.
OUTDOOR DISPLAY: Outdoor display includes the outdoor display of products, vehicles,
equipment, and machinery for sale or lease. Outdoor display is an outdoor
showroom for customers to examine and compare products. There is variety or a
distinction among the goods on display, through different products, brands, or
models. The display area does not have to be visible to the street. Outdoor display
does not include goods that are being stored or parked outside. It does not include
damaged or inoperable vehicles, vehicles or equipment being serviced, bulk goods
and materials, and other similar products. Examples of uses that often have outdoor
display are car and boat sales, and plant nurseries. See also OUTDOOR STORAGE.
OUTDOOR STORAGE: Outdoor storage includes the outdoor storage of goods that
generally have little or no differentiation by type or model. The goods may be for
sale or lease, but if so, they are the type that customers generally do not inspect and
compare. Outdoor storage includes the storage of raw or finished goods (packaged
or bulk), including gravel; mulch; building materials, packing materials, salvage
goods; machinery, tools and equipment; and other similar items. Examples of uses
that often have outdoor storage are lumber yards, vehicle repair; tool and equipment
rental, bark chip and gravel sales, salvage yards; and recycling processing facilities.
See also OUTDOOR DISPLAY.
OUTDOOR STORAGE AND DISPLAY-ORIENTED RETAIL: See "Retail, Outdoor and
Display-Oriented" as defined in Article 14-4A, Land Use Classification.
OVERLAY lONE: A set of zoning requirements imposed in addition to those of the
underlying base zone. Development in overlay zones must conform to the
requirements of the overlay zone as well as those of the underlying base zone, unless
modifications to base zone requirements are approved as a part of the overlay
rezoning process.
OWNER: The person holding fee simple or equitable title to the property.
PARCEL: See LOT.
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PARKING AREA: An off-street facility intended and designed for the parking of more
than 4 motor vehicles. The parking area includes parking spaces, aisles, drives, and
landscaped islands and medians.
PARKING SPACE: A permanent, durable surface intended for off-street vehicular
parking.
PARKS AND OPEN SPACE USES: See "Parks and Open Space Uses" as defined in Article
14-4A, Land Use Classification.
PATIO: A covered or uncovered, surfaced outdoor living area located at grade, adjacent
to and accessible from a dwelling.
PEDESTRIAN-ORIENTED: Pedestrian-oriented streets and developments are those that
are designed to provide a safe, comfortable environment for pedestrians. Important
elements include sidewalks that are separated and buffered from vehicular traffic
with limited interruption from driveways; the provision of street tr.ees and appropriate
street furniture; and buildings that visually address the street with visible
entranceways and windows, and, in the case of commercial buildings, may include
awnings or canopies that protect pedestrians from the weather. Buildings with blank
facades along the street, long stretches of repetitive building designs, entranceways
that are difficult to find or identify, unscreened surface parking lots, and other
expanses of paving are contrary to a pedestrian-oriented design.
PERFORMANCE STANDARD: Regulatory language stating the minimum requirement or
the maximum allowable limit on the effects or characteristics of a use.
PERMITTED USE: A principal use allowed in the zone in which it is listed, subject to
compliance with the dimensional requirements, development standards, and any
other special requirement of the zone and the general requirements of this TItle.
PERSON: Any individual or group of individuals, corporation, partnership, association or
any entity, including State and local governments and agencies.
PERSONAL SERVICE: See "Retail, Personal Service-Oriented" as defined in Article 14-4A,
Land Use Classification.
PLANTING AREA: An unpaved pervious area intended or used for the placement of a
tree or other required landscaping elements.
PORCH: A covered entrance to a building consisting of a platform area, with open or
enclosed sides, projecting from the wall of a building.
PREMISES: See LOT.
PRIMARY STREET FRONTAGE: The frontage of a lot to which the address is assigned.
PRINCIPAL BUILDING: A building containing the principal use.
PRINCIPAL USE: The primary use of land or a structure as distinguished from an
accessory use, e.g., a dwelling is a principal use on a lot in a residential zone, while a
garage or pool is an accessory use.
PROJECTIONS (INTO SETBACKS): Parts of buildings, such as architectural features,
which protrude into required setback areas.
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General Definitions
PROVISIONAL USE: A principal use allowed in the zone in which it is listed, subject to
compliance with the specific requirements mentioned with the use and all other
dimensional and development requirements and special requirements, if any, of the
zone as well as the general requirements of this Title.
PUBLIC RIGHT OF WAY: Property dedicated to public use and intended for the
movement of the public.
PUBLIC UTILITY: A system owned and operated by a licensed public utility company or
by a railroad company. Such systems do not include those owned and operated by
the City of Iowa City or other governmental agency.
PUBLIC VIEW, WITHIN: Visible from a public street, public sidewalk, public access
easement, or other public way, or from a public park or other public open space area.
QUARRY: Land used for excavating stone or slate.
QUICK VEHICLE SERVICING USES: See "Quick Vehicle Servicing Uses" as defined in
Article 14-4A, Land Use Classification.
REAL ESTATE SALES CENTER: A provisional temporary use consisting of an on-site
office within a model dwelling unit that is used as a real estate office for the sale of
dwelling units or lots within the same subdivision or development in which the sales
center is located.
RECYCLABLE MATERIALS: Reusable materials including, but not limited to, metal,
glass, plastic, cardboard, and paper products which are intended for reuse,
remanufacture or reconstitution for the purpose of using the altered form.
"Recyclable materials" does not include automobiles or other vehicles or machinery
and their components, structural steel materials and equipment, hazardous chemicals
or materials such as used motor oil and discarded automobile batteries, or
biodegradable materials such as yard waste.
RECYCLING PROCESSING FACILITY: A Waste-Related Use where recyclable materials
are collected, stored, and processed for efficient shipment, or to an end user's
specifications, by such means as baling, briquetting, compacting, flattening, grinding,
crushing, sorting, shredding or cleaning, but not by processes involving heat for
melting, smelting or burning. A "recycling processing facility" does not include
"salvage operations" as defined in this Title.
RELIGIOUS INSTITUTION: An Religious/Private Group Assembly Use primarily intended
to provide a place of assembly for the practice of religion, which has been granted a
Federal tax exemption as a section 50l( c)(3) organization under the Internal
Revenue Code, as amended. For purposes of this Title, not all facilities, businesses,
and institutions owned and operated by a religious institution are categorized as
Religious/Private Group Assembly. (See "Religious/Private Group Assembly Uses",
"Educational Facilities", "Hospital Uses", "Colleges and Universities" as defined in
Article l4-4A, Land Use Classification.)
RELIGIOUS/PRIVATE GROUP ASSEMBLY USE: See "Religious/Private Group
Assembly Uses" as defined in Article l4-4A, Land Use Classification.
REMODEL/REPAIR: Any improvement in a building that is not a structural alteration.
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RESPONSIBLE PARTY: A person, who resides in and provides room and board in an
elder family home. The responsible party may be, but is not required to be, an elder.
RESTAURANT: An Eating and Drinking Establishment where the principal commercial
activity is the dispensing and consumption of prepared food and beverages.
Depending on the type of restaurant, food and beverages may be consumed on or off
the premises. (See "Eating and Drinking Establishments" as defined in Article 14-4A,
Land Use Classification).
RETAIL ESTABLISHMENT: See "Retail Uses" as defined in Article 14-4A, Land Uses
Classification.
REZONING: An amendment to the text of this Title, including any amendment or change
to any maps, graphic representations, or tables incorporated herein; and/or an
amendment to the Zoning Map, i.e., a change in the zoning designation of a
particular parcel or parcels of land. Overlay Rezonings are considered a type of
rezoning.
ROOF: The top covering of a building constructed to shield the area beneath from the
weather. The term "roof' includes the term "canopy".
ROOFLINE: The highest point of the coping of a flat roof, the deck line of a mansard roof
or the midpoint between the eaves and ridge of a saddle, hip, gable, gambrel or ogee
roof.
ROOMER: A resident of a Group Living Use. Staff, including live-in staff of an Assisted
Group Living Use are not considered roomers.
ROOMING HOUSE: Any dwelling, or that part of any dwelling, containing one or more
rooming units in which space is let by the owner or operator to four or more roomers.
A rooming house is categorized as Independent Group Living.
ROOMING UNIT: Any habitable room or group of adjoining habitable rooms that form a
single residential unit intended to be used primarily for living and sleeping, but not
for cooking, located within a Group Living Use.
SALVAGE OPERATION: See "Salvage Operations" as defined in Article 14-4A, Land Use
Classification.
SCREENING: Structures and/or plantings that obscure an area from public view or from
view of neighboring properties.
SELF SERVICE STORAGE: See "Self Service Storage Uses" as defined in Article 14-4A,
Land Use Classification.
SERVICE STATION: See "Quick Vehicle Servicing" as defined in Article 14-4A, Land Use
Classification.
SETBACK: The distance between a specified object, such as a building, and another
point. Setbacks are usually measured from lot lines to a specified object. Unless
otherwise indicated, an unspecified setback refers to a building setback.
SETBACK AREA: A required area on a lot unoccupied by structures above grade, except
for projections and specific accessory uses or structures allowed in such area under
the provisions of this Title. A setback area extends from the grade upward.
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SETBACK (AREA), FRONT: The area on a lot between the street-side lot line(s) and the
front setback line.
SETBACK (AREA), REAR: On an interior lot, the rear setback is the area extending from
one side lot line to another side lot line and between the rear setback line and rear
lot line. On a corner lot, the rear setback is the area extending from the side lot line
to the front setback line between the rear lot line and rear setback line. On a double
frontage lot there is no rear setback.
SETBACK (AREA), SIDE: Any setback area between a side lot line and a side setback
line that is not a front setback area or a rear setback area.
SETBACK LINE: The line beyond which a specified use, object, building or structure shall
not project, except as specified in this Title.
SETBACK LINE, FRONT: A line drawn parallel to the street and as far back from the
street as specified for the principal building, front setback.
SETBACK LINE, REAR: A line drawn parallel to the rear lot line and as far forward from
the rear lot line as specified for the principal building, rear setback.
SETBACK LINE, SIDE: A line drawn parallel to the side lot line and as far from the side
lot line as specified for the principal building, side setback.
406
City Counci/- Final Draft
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14-9A
General Definitions
L
L
Front Lol Une &
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STREET
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STREET
DOUBLE FRONTAGE LOT
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~ Front setback area
_ Side setback area
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STREET
CORNER LOT
SHRUB: Any woody, perennial, bushy plant that branches into several stems or trunks at
the base and is smaller than a tree. Shrubs are important features in permanent
landscape planting, being used for formal decorative groups, hedges, screens, and
background plantings, to which they contribute pattern, color, fragrance, or utility.
SPECIAL EXCEPTION: A principal or accessory use allowed in a particular zone only
upon showing that such use in a specified location will comply with all the general
and specific approval criteria for such a use as specified in this Title and as approved
by the Board of Adjustment. A special exception may also mean an adjustment or
waiver of certain zoning requirements allowed in certain circumstances specifically
enumerated in this Title, subject to compliance with all the general and specific
approval criteria for such an adjustment or waiver as specified in this Title and as
approved by the Board of Adjustment.
407
- --_.._--~-~--,,-,--,"-_._-~------------~--_..,-,,--_..------_._----~--_._---, ------,.-...- .._-_._".,-"~,-_..+--_._---
City Council- Final Draft
/2/08/05
14-9A
General Definitions
STACKING SPACE: An permanent, durable surface designed to accommodate a motor
vehicle waiting for entry to part of a development or use, such as a loading or
unloading area, drive-through, car wash, or other auto-oriented use.
STOREFRONT: The ground level frontage of a building in which there is located a single
business directly behind the frontage. A building may have more than one storefront.
The length of the storefront is measured from the outside edge of the exterior walls
of the building, or if there are multiple storefronts located in a single building, from
the centerline of the wall that separates the business from another business, public
area, or other area not occupied by the subject business.
STORY: The portion of a building included between the upper surface of any floor and the
upper surface of the next floor above. The topmost story shall be that habitable
portion of a building included between the upper surface of the topmost floor and the
ceiling above.
STREET, ARTERIAL: A street, the principal function of which is to provide for through
traffic and which is designed to carry large volumes of traffic. "Arterial streets," as
referenced in this Title, are those streets shown on the Iowa City Arterial Street Map
as provided in Article 14-5C, Access Management Standards.
STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from
local streets to arterial streets.
STREET, CUL-DE-SAC: A local street terminating in a turnaround.
STREET, LOCAL: A street used primarily for access to abutting property and for moving
local traffic.
STREET, PRIVATE: A way that is intended to afford a means of access to abutting lots
and for moving local traffic. A private street is not owned or controlled by a
government entity.
STREET, PUBLIC: A right-of-way, dedicated to and accepted for public use, which
affords a means of access to abutting property and a means of vehicular travel. A
public street is owned or controlled by a government entity.
STREET FURNITURE: Man-made objects other than buildings, which are part of the
streetscape. Examples include, but are not limited to, benches, litter containers,
planting containers, sculptures, and bus shelters.
STREETSCAPE: The scene of a street or way composed of natural an,d man-made
elements, including buildings, paving, plantings, street furniture and miscellaneous
structures.
STRUCTURAL ALTERATION: Any change in the configuration of the exterior walls,
foundation or roof of a building that results in an increase in the area, height or
volume of the building.
STRUCTURE: Anything constructed or installed on the ground or which is attached to
something located on the ground. "Structures" include buildings, radio and TV
towers, sheds and permanent signs. "Structures" exclude vehicles, sidewalks and
paving.
SUBSTANDARD LOT: See NONCONFORMING LOT.
408
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14-9A
General Definitions
SURFACE PASSENGER SERVICES: See "Surface Passenger Services" as defined in
Article 14-4A, Land Use Classification.
TOWNHOUSE: Attached Single Family Dwellings containing not less than 3 side-by-side,
attached dwelling units (townhouse units) with each dwelling unit being located on a
separate lot.
TOWNHOUSE-STYLE APARTMENTS/CONDOMINIUMS: A Multi-Family Dwelling
containing not less than 3 side-by-side, attached dwelling units, each with its own
exterior entrance, and with all dwelling units located on the same lot.
TRACT: An abutting group of lots developed for a use or uses which share common
facilities, e.g., off-street parking, loading and driveways. A "tract" shall be considered
a single lot in the application of the requirements of this Title.
TRANSIENT HOUSING: A Community Service-Shelter Use owned and operated by a
nonprofit organization, as defined by section 501(c)(3) of the Internal Revenue Code,
as amended, providing a temporary residence, for a period of not more than 90 days,
for persons in need of emergency shelter and temporarily unable to pay for housing.
(See "Community Service-Shelter" as defined in Article 14-4A, Land Use
Classification. )
TREE: Perennial woody plant with a single main stem (the trunk or bole) from which
branches and twigs extend to form a characteristic crown of foliage. Trees are
important features in permanent landscape planting, being used to define street
edges, to lessen heat island effects through shading, and by contributing pattern,
color and utility. Small trees generally attain a height at maturity of up to 50 feet.
Large trees generally attain a height at maturity greater than 40 feet. See the List of
Recommended Trees for Iowa City, available through the City Forester's Office.
TRUCK TERMINAL FACILITY: A Warehouse and Freight Movement Use intended to
provide storage of truck trailers, and for the loading and unloading and temporary
storage of goods and materials.
UPZONING: The opposite of downzoning. (See DOWNZONING.)
USE: A purpose or activity for which land, structures, or a portion thereof, are designed,
occupied and maintained.
USE, ACCESSORY: See definition of Accessory Building/Use.
USE, PERMITTED: See definition of Permitted Use.
USE, PRINCIPAL: See definition of Principal Use.
USE, PROVISIONAL: See definition of Provisional Use.
UTILITY SUBSTATION FACILITY: An assemblage of equipment used for the purpose
of changing the strength, volume, or configuration of the utility flow from a bulk
quantity to smaller quantities to be used in the local distribution system. Utility
substation facilities include, but are not limited to, electric substations, gas regulator
stations, telecommunications switching and relay facilities, and water and sewer
pumps or lift stations. A utility substation facility is classified as a "Basic Utility Use"
for purposes of this Title.
409
City Council- Final Drafi
/2/08/05
14-9A
General Definitions
VACATION: The process by which the City discontinues the use of a street, alley or
easement as a public way.
VARIANCE: A means of granting a property owner relieffrom certain provisions of this
Title where, owing to special conditions, a literal enforcement of the provisions of the
Chapter will result in unnecessary hardship, and so that the spirit of the Chapter shall
be observed and substantial justice done. The authority to grant variances is vested
in the Board of Adjustment pursuant to the Code of Iowa, as amended.
VEHICLE: Every device in, on or by which any person or property is or may be
transported or drawn upon a street or highway.
VEHICLE REPAIR USE: See "Vehicle Repair Uses" as defined in Article 14-4A, Land Use
Classification.
VEHICLE STORAGE: A vehicle or portion thereof which is parked in the same position for
a period of 48 hours or more.
WAREHOUSE AND FREIGHT MOVEMENT USE: See "Warehouse and Freight
Movement Uses" as defined in Article 14-4A, Land Use Classification.
WASTE-RELATED USE: See "Waste-Related Uses" as defined in Article 14-4A, Land Use
Classification.
WHOLESALE SALES USE: See "Wholesale Sales Uses" as defined in Article 14-4A, Land
Use Classification.
YARD, FRONT: The area from one side lot line to another side lot line and between the
front lot line and a line drawn parallel to and flush with the plane of the front building
fa<;ade of the principal building on a lot.
YARD, REAR: The area from one side lot line to another side lot line and between the
rear lot line and a line drawn parallel to and flush with the plane of the rear building
fa<;ade of the principal building on a lot.
YARD, SIDE: The area on a lot bounded by the side fa<;ade of the principal building on a
lot and the side lot line and between the front yard and the rear yard.
Rear Lot Line
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410
City Counci/- Final Draft.
12/08/05
14-9A
General Definitions
ZONING CODE INTERPRETATION PANEL: A staff panel designated by the City
Manager to interpret the provisions of the Zoning Ordinance in such a way as to carry
out its intent and purpose.
ZONING MAP: The map delineating the boundaries of zoning districts, which, along with
the zoning text, comprises the Zoning Ordinance.
411
__""_.,,______n__".___'.___ _ ..___~__"'___,____.~______.
City Council - Final Draft
12/08/05
14-9B
Historic Preservation Definitions
Article B. Historic Preservation Definitions
As used in Article 14-36, Historic District and Conservation District Overlay, the following
definitions shall apply. The General Definitions, contained in Article A of this Chapter, shall apply
to all terms used in Article 14-36 that are not defined below.
ARCHITECTURALLY SIGNIFICANT: A term applied to features and components of a
building that indicates that the characteristics of a feature, material or component
contributes to a building's architectural style, unique character or aesthetic qualities.
CERTIFICATE OF APPROPRIATENESS: The document that is evidence of approval by
the Historic Preservation Commission or designated Historic Review body of a
proposal to materially change a Historic Landmark or property located within a
Historic or Conservation District. A Certificate of Appropriateness must be obtained
before a Regulated Permit may be issued.
CERTIFICATE OF ECONOMIC HARDSHIP: The document, issued in lieu of a Certificate
of Appropriateness, that signifies that the owner is incapable of earning a reasonable
return or obtaining beneficial use from a property due to the regulations of a Historic
or Conservation Overlay Zone.
CERTIFICATE OF NO MATERIAL EFFECT: The document, issued in lieu of a Certificate
of Appropriateness, that signifies that the work contemplated in the application will
have no effect on any significant exterior features of a Historic Landmark, or property
located within a Historic or Conservation District. The certificate of no material effect
evidences approval by the Historic Preservation COmmission of a proposal to make
the change or changes proposed in the application.
CHANGE IN APPEARANCE: Any alteration, addition, demolition, new construction or
other material change that modifies the visual aspect of the exterior of a Historic
Landmark or property located within a Historic or Conservation District.
COMMISSION: The Iowa City Historic Preservation Commission, as established by
ordinance in accord with this adopted Article.
CONTRIBUTING PROPERTY: A property within a Conservation or Historic District that is
an integral part of the historic context and character of the said District.
DEMOLmON: Any act or process that destroys a structure or building or any
architecturally significant component of a structure or building.
EXTERIOR FEATURES: The architectural style, general design and arrangement of the
exterior of a building, including the kind and texture of building material and the type
and style of all windows, doors, roof pitch, eaves, trim and brackets, porches,
chimneys, signs and other appurtenant fixtures.
MATERIAL CHANGE: Any act that adds new materials, removes existing materials or
otherwise modifies the exterior features of a property. Material changes include
alterations to the exterior of a building or structure, demolition of a building or
structure, demolition of a portion of a building or structure, additions to an existing
building or structure, and new construction on a property.
412
City Council - Final Draft
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14-9B
Historic Preservation Definitions
NATIONAL REGISTER OF HISTORIC PLACES (NRHP): A list of u.s. places of
significance in American history, architecture, archeology, engineering and culture on
a national, state, or local level and maintained by the U.S. Department of the
Interior.
NONCONTRIBUTING PROPERTY: Any property within a Conservation or Historic
District that is not listed as a contributing property.
REGULATED PERMIT: A permit issued by the Building Official or other official of the
City, according to the provisions of the International Building Code, as amended,
Zoning Title, as amended, House Movers' Ordinance, as amended, or International
Fire Code, as amended.
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The basic
principles, as listed in the Federal Code of Regulations, for the rehabilitation of a
historic property and its site that provide for a property to be returned to a state of
utility, through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which are significant
to its historic, architectural, and cultural value.
413
__ ___ _______..__.._.__.._."'..'___ _____.__..._._,..__.__...___.__~_._.,_~__.____,,_~._____,.____.________.____.___..~.______.,__._~._.__._______......._.._._.__M+__...___
City Council- Final Draft
J 2/08/05
14-9C
Sign Definitions
Article C. Sign Definitions
As used in Article 14-5B, Sign Regulations, the following definitions shall apply. The General
Definitions, contained in Article A of this Chapter, shall apply to all terms used in Article 14-5B
that are not defined below.
ADVERTISING SIGN: A sign displaying the type or name of a product, good or service
sold either on or off the premises on which the sign is located.
ANIMATED SIGN: Any sign or part of a sign which, through the use
of moving structural elements, flashing or sequential lights,
lighting elements, or other automated method, results in
movement, or the appearance of movement.
AWNING SIGN: A building sign placed on the surface of an awning.
BALLOON: An inflatable bag filled with gas or hot air and displayed in
such a way as to attract attention to the premises on which it is
located.
/
10,
, I
i
BANNER: A strip of flexible material, such as cloth, paper or plastic,
securely fastened on all corners to a building or structure and used to advertise a
special event.
BILLBOARD: An off-premises sign on which poster panels or bulletins are mounted. For
purposes of this Title, billboard signs are not considered freestanding signs or
monument signs.
BUILDING SIGN: Any sign attached to a building or to an appurtenance of a building in
any way.
CANOPY SIGN: A building sign attached to or in any way
incorporated with the face or underside of a canopy,
marquee or any other similar building projection and
which does not extend beyond the projection by more
than 6 inches.
CHANGEABLE COPY ICHANGEABLE COPY SIGN: A sign, or
part of a sign, such as a
CANOPY ROOF SIGN: A building sign attached to or
incorporated with the roof of a canopy, marquee, or any
other similar building projection.
CHANGEABLE COPY ICHANGEABLE COPY SIGN: A sign, or part of a sign, such as a
reader board, where the copy is easily changed manually or by electronic means as
specified in Article 14-56, Sign Regulations. .
COMMON SIGN: A sign that serves 2 or more uses.
CONSTRUCTION SIGN: A sign identifying the architects, engineers, contractors and
other individuals involved in the construction of a building or announcing the future
use of the building.
414
l CANOPY SIGN I J
i
-
DEVELOPMENT SIGN: A sign designating the name of a development or subdivision
consisting of 2 acres or more.
DIRECTIONAL SIGN: A sign designed to guide or direct pedestrian Or vehicular traffic
and containing no advertising message.
DRIVE-THROUGH RESTAURANT MENU SIGN: A sign displaying a menu or similar
advertising for the purpose of allowing patrons of a restaurant to
order food at a drive-through facility.
ELECTRONIC SIGN: A sign that displays a changing message
through the use of an electronically controlled and illuminated
medium. An electronic sign is considered an animated sign.
FACIA SIGN: A single-faced building sign parallel to or at an angle of
not more than 450 from the wall of the building on which it is mounted.
Such signs do not extend more than one foot out from vertical walls nor
more than one foot out at the sign's closest point from non-vertical walls.
FLAG, PRIVATE: Any flag displaying the name, insignia, logo or emblem of
an individual or a profit-making entity.
FLAG, PUBLIC: Any flag displaying the name, insignia, emblem or logo of the
United States, the State of Iowa, the City, any other nation, state, or city,
or a nonprofit organization or institution.
FREESTANDING SIGN: A sign supported by one or more uprights or braces
City Council - Final Drafi
12/08/05
14-9C
Sign Definitions
[FACIA SIGN1!
OJ
I
firmly and permanently anchored in or on the ground and not attached to
any building or wall.
FREESTANDING, WIDE-BASE SIGN: A freestanding sign in which the
uprights or braces are clad in a permanent material such that the entire
base has a monolithic or columnar line that maintains essentially the
same contour.
GOING-OUT-OF-BUSINESS SIGN: A sign announcing a sale resulting from
the termination of a business on the premises.
GRAND OPENING SIGN: See Special Events Sign.
HAZARDOUS SIGN: A sign which, because of its construction or state of
disrepair, may fall or cause possible injury to passersby, as determined
by the City; a sign which, because of its location, color, illumination or
animation, interferes with, obstructs the view of or is confused with any
authorized traffic sign, signal or device; or a sign which makes use of
the words "stop", "go slow", "caution", "drive in", "danger" or any other
word, phrase, symbol or character in such a way as to interfere with,
mislead or confuse traffic.
IDENTIFICATION BANNER: A sign of canvas, nylon, or other durable
material that is permanently affixed to a light pole by structural
members on the top and bottom of the sign (or two opposite sides).
415
FR!'f3i.....OlHG
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City Council - Final Draft
12/08/05
14-9C
Sign Definitions
Identification banner signs may contain the name and logo of a shopping or business
center, or contain a seasonal or non-profit community event message. Identification
banner signs may not contain advertising or business-related event messages.
IDENTIFICATION SIGN: A sign displaying the name, address, crest, insignia or
trademark, occupation or profession of an occupant of a building or the name of any
building on the premises.
ILLUMINATED SIGN: Any sign in which a source of light is used to make the message
readable. An illuminated sign need not be an electronic sign.
INTEGRAL SIGN: A sign carved into stone, concrete or other building material or made
of bronze, aluminum or other permanent type of construction and made a part of the
building to which it is attached.
MARQUEE SIGN: See Canopy Sign.
MASONRY WALL SIGN: An identification sign mounted on the face or inset into a fence
or wall constructed of masonry materials. Such identification sign or set of two signs
shall identify one entity or one group of entities, such as identifying an office
research park or industrial park.
MONUMENT SIGN: A permanent sign, not attached to a
building, which is mounted low to the ground and does not
exceed 5 feet in height.
NONCONFORMING SIGN: A sign, other than a prohibited sign,
that does not comply with the regulations of the zone in which it is located by reason
of these or any other regulations adopted after the installation of the sign.
OBSOLETE SIGN: A sign or any portion of a support for that sign that advertises an
activity, business, product or service no longer conducted.
OFF-PREMISES SIGN: A sign that directs attention to a use conducted off the lot on
which the sign is located.
ON-PREMISES SIGN: A sign with the primary purpose of identifying or directing
attention to the lot on which the sign is located.
PAINTED WALL SIGN: A sign painted directly on an exterior surface of a building other
than the windows.
!
MONUMENT I
SIGN I
; ....
PARAPET SIGN: A fascia sign installed on a parapet or a parapet wall.
PERMITTED SIGN: A sign allowed in the zone in which it is listed, subject to compliance
with the requirements of the sign regulations.
POLmCAL SIGN: A temporary sign promoting candidates seeking
public office, a political issue or containing other election
information, such as "vote today". "Political signs" shall not be
considered off-premises signs.
PORTABLE SIGN: A sign not firmly and permanently anchored or
secured to either a building or the ground and not expressly
permitted in Chapter 5, Article B, Sign Regulations.
POR7i'\8LE
SIGN
416
City Counci/- Final Draft
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14-9C
Sign Definitions
POSTER: A temporary sign on a card or sheet of paper, plastic or other similar material
intended to advertise or publicize a product or event.
PROHIBITED SIGN: A sign, other than a nonconforming sign, not permitted by this
Title.
PROJECTING SIGN: A building sign extending
more than one foot out from the wall of the
building on which it is mounted.
PUBLIC ART: Any work of art exposed to public
view from any street right of way which does
not contain any advertising, commercial
symbolism, such as logos and trademarks, or
any representation of a product.
PUBLIC PLACE: Any public street, way, place, alley, sidewalk, square, plaza, or City
owned right-of-way, or any other public property owned or controlled by the City and
dedicated for public use.
PUBLIC SIGN: A noncommercial sign installed by or on the order or authorization of the
City or other public agency in the public interest. Such signs include, but are not
limited to, safety signs, zoning signs, memorial plaques, signs for structures or sites
of historical interest and all similar signs.
QUICK VEHICLE SERVICING SIGNS: Signage which generally appears as an integral
part of the equipment accessory to automotive service stations and other
establishments engaged in the dispensing of motor vehicle fuel or oil, including but
not limited to gasoline pumps, oil display racks and
portable tire racks.
REAL ESTATE SIGN: A sign which advertises the sale, rental
or lease of the premises or part of the premises on which
the sign is located, including open house directional signs.
ROOF SIGN: A sign installed on or above a roof of a building
and affixed to the roof.
'.'00
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SEASONAL DECORATION: A display, which does not constitute a sign, pertaining to
recognized national, state or local holidays and observances.
SIGN: Any structure or medium, including its component parts, visible to the public from a
street or public right of way and used or intended to be used to direct attention to a
business, product, service, subject, idea, premises or thing. Signs shall not include
buildings or landscaping. The term "sign" includes, but is not limited to, all reading
matter, letters, numerals, pictorial representations, emblems, trademarks, inscriptions
and patterns, whether affixed to a building or separate from a building. This
definition does not include public art, seasonal decorations and directional symbols on
paved surfaces.
SIGN FACE: The surface of the sign on which reading material, letters, numerals, pictorial
representations, emblems, trademarks, inscription or patterns are affixed.
SIGN WALL: The wall of a building on which a sign is mounted, including elements of the
wall or any member or group of members which defines the exterior boundaries of
417
City Council - Final Draft
12/08/05
14-9C
Sign Definitions
the side of the building on which the sign is mounted and which has a slope of 450 or
greater with the horizontal plane.
SPECIAL EVENTS SIGN: A sign announcing grand openings, philanthropic events,
events of nonprofit organizations or events of civic interest.
SPINNER: A device shaped like a propeller and designed to rotate in the wind to attract
attention to the premises on which it is located.
STOREFRONT PROJECTlNG SIGN: A building sign extending more than one foot out
from the wall of the ground-level floor of the storefront on which it is mounted that
functions as an identification sign.
SWINGING SIGN: A sign that, because of its design, construction, suspension or
attachment, is free to swing or move noticeably because of pressure from the wind.
TEMPORARY SIGN: A yard sale sign, temporary identification
sign or political sign constructed of temporary materials, such
as cardboard, wallboard or plywood, with or without a
structural frame, intended for a temporary period of display,
but excluding banners.
TIME AND TEMPERATURE SIGN: A projecting, identification
sign that shows the current time and temperature in an
electronic changeable copy format in a manner similar to the
illustration at right.
WINDOW SIGN: A building sign permanently affixed to a
window, embedded in a window or hanging adjacent toa window and obviously
intended to be viewed by the public through the window. This definition does not
include merchandise or product displays, posters, signs painted on windows and
temporary signs.
YARD SALE SIGN: A temporary sign advertising a yard sale or a garage sale.
418
,...-'
City Council - Final Draft
12/08/05
14-9D
Outdoor Lighting Definitions
Article D. Outdoor Lighting Definitions
As used in Article 14-5G, Outdoor Lighting Standards, the following definitions shall apply. The
General Definitions contained in Article A of this Chapter shall apply to all terms used in Article
14-5G that are not defined below.
BULB: The part of a fixture or luminaire that produces light.
CUT-OFF FIXTURE: A luminaire that has a light distribution where the candlepower does
not exceed 2.5 percent of the lamp's rated initial lumen output at an angle of gO
degrees above nadir, and does not exceed 10 percent of the lamp's rated initial
lumen output at a vertical angle of 80 degrees above nadir. This applies to all lateral
angles around the luminaire.
FIXTURE: The assembly that holds the bulb in a lighting system. It includes the elements
designed to give light output control, such as a reflector (mirror) or refractor (lens),
the ballast, housing, and the attachment parts.
FULL CUT-OFF FIXTURE: A luminaire that has a light distribution where the
candlepower does not exceed zero percent of the lamp's rated initial lumen output at
an angle of gO degrees above nadir, and does not exceed 10 percent of the lamp's
rated initial lumen output at a vertical angle of 80 degrees above nadir. This applies
to all lateral angles around the luminaire.
FULLY SHIELDED LIGHT FIXTURE: A lighting fixture constructed in such a manner
that all light emitted by the fixture, either directly from the bulb or a diffusing
element, or indirectly by reflection or refraction from any part of the luminaire, is
projected below the horizontal as determined by a photometries test or certified by
the manufacturer. Any structural part of the light fixture providing this shielding
must be permanently affixed.
GLARE: The sensation produced by a bright light source within the visual field that is
sufficiently brighter than the level to which the eyes are adapted as to cause
annoyance, discomfort, or loss in visual performance and visibility; blinding light. The
magnitude of glare depends on such factors as the size, position, brightness of the
source, and on the brightness level to which the eyes are adapted.
IESNA: The Illuminating Engineering Society of North America.
INVENTORY OF LIGHTING: a list of bulbs indicating the bulb type, bulb wattage, and
initial lumens for each bulb and the manufacturer through which the rated lumens
can be determined.
LIGHT TRESPASS: Light projected onto a property from a fixture not located on that
property. In some cases, such as with multi-family or mixed-use development,
trespass can result from on-site fixtures projecting into residential portions of the
development.
LUMEN (1m): Measure of brightness of the illumination exiting a bulb, as provided by the
manufacturer.
LUMINAIRE: The complete lighting unit, including the bulb, the fixture, pole or armature
and other parts.
419
_ ~._"'_.~_____.__.._____ _ ____.___._._.___~___,_ _ _.____~,.____.___~___._._.___._____.____.___________________..."..M_...'~_.__
City Council - Final Draft
12/08/05
14-9D
Outdoor Lighting Definitions
NADIR: The vertical line projecting downward to the ground from the center of the lens
of a luminaire.
NON-CUTOFF: A light fixture that does not cut off the upward transmission of light.
OUTDOOR LIGHT OUTPUT, TOTAL: The initial total amount of light, measured in
lumens, from all bulbs used in outdoor light fixtures. Includes all lights and luminous
tubing used for display lighting, general illumination, architectural/accent lighting,
and lights used for external illumination of signs, but does not include lights used to
illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb
types that vary in their output as they age (such as high pressure sodium, fluorescent
and metal halide), the initial lumen output, as defined by the manufacturer, in the
value to be considered.
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14-9E
Sensitive Lands Definitions
Article E. Sensitive Lands Definitions
As used in Article 14-51, Sensitive Lands and Features, the following definitions shall apply. The
General Definitions contained in Article A of this Chapter shall apply to all terms used in Article
14-51 that are not defined below.
ARCHAEOLOGICAL SITE, SIGNIFICANT: An archaeological site of prehistoric or
historic significance that is considered by the State Historic Preservation Officer to be
eligible for the National Register of Historic Places.
BUFFER: An area of land that is located adjacent to a designated sensitive area and
provides a transition area that protects slope stability, attenuates surface water flows
and preserves wildlife habitat and protected wetlands, stream corridors and
woodlands.
BUFFER, NATURAL: A land area located adjacent to a protected sensitive area where
development activity such as building, grading, or clearing are prohibited unless
otherwise exempt herein.
COMPENSATORY MmGATION: Creating a new wetlands or enhancing or expanding
an existing wetland in exchange for allowing development activities to occur within
an existing wetland.
CONSTRUCTION AREA: The portion of a parcel of land where development activity,
including the temporary storage of heavy equipment, and other improvements may
take place and be located.
CONSTRUCTION AREA LIMITS: A line delineated on a proposed development plan or
site plan that establishes the no-build line around protected sensitive areas, such as
wetlands, streams, steep slopes, and woodlands, and their required buffers.
DEVELOPED AREA OF CITY: An area of the City where platted lots abut a regulated
stream as of December 13, 1995, the effective date of the Sensitive Areas Ordinance.
DIAMETER, TREE TRUNK: The diameter of a tree trunk measured at 4.5 feet above
ground; if on a slope, measured from the high side of the slope. In the case of a tree
with multiple trunks, the diameter shall be the average of the diameters of all the
trunks.
DIRECT DISCHARGE: The discharge of untreated surface water into a wetland from a
developed or developing property through the use of an underground pipe, culvert,
drainage tile, ditch, swale, channel or other means.
FLOOD EVENT, lOO-YEAR: A flood, the magnitude of which has a one percent chance
of being equaled or exceeded in any given year, or which on the average will be
equaled or exceeded at least once every 100 years.
FLOOD PLAIN: Any land area susceptible to being inundated by water as a result of a
specific frequency flood. For instance, the 100-year flood plain is the area of land
susceptible to being inundated by a 100-year flood event.
FLOODWAY: The channel of a river or stream and those portions of the flood plains
adjoining the channel which are reasonably required to carry and discharge flood
waters so that confinement of flood waters to the floodway area will not result in
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/2/08/05
14-9E
Sensitive Lands Definitions
substantially higher flood elevation. Where f100dway data has been provided in the
Flood Insurance Study, such data shall be used to define the f100dway limits.
FUllY HYDRIC SOILS: Soils susceptible to water saturation, and designated as fully
hydric soils by the USDA Soil Conservation Service, or it successor, as of December
1993.
GRADING: Any excavating or filling or a combination thereof, including compaction.
GROVE OF TREES: 10 or more individual trees having a diameter of at least 12 inches,
and whose combined canopies cover at least 50 percent of the area encompassed by
the trees.
HISTORIC OBJECT: An artifact greater than 100 years old.
MmGATION: The process of avoiding, minimizing, rectifying, reducing, or compensating
for losses or potential losses to an environmental or sensitive feature due to
development activity. For example, a wetland mitigation plan is used to illustrate the
methods that will be employed to avoid, minimize, rectify, or reduce the impacts of
development activity on a protected wetland. When impacts on a protected wetland
are unavoidable, a wetland mitigation plan will describe the methods of compensating
for any losses.
PRAIRIE REMNANT: Prairie areas that have remained relatively untouched on
undeveloped, untilled portions of properties and contain primarily a mixture of native
warm season grasses interspersed with native flowering plants. Known extant prairie
remnants are identified on the Iowa City Sensitive Areas Inventory Map - Phase I.
PREHISTORY: Relating to or existing in times antedating written history (prior to
approximately 1700 AD) in Iowa City. .
SENSITIVE AREAS CONSERVATION TRACT: A separate tract which protects sensitive
areas and associated buffers within planned developments, subdivisions and building
site plans; held separately from buildable lots by an incorporated homeowners'
association or a nonprofit conservation organization, or dedicated to the City.
SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and
approved in conjunction with a sensitive areas overlay rezoning that designates
protected sensitive areas and associated buffers within a planned development.
SENSITIVE AREAS INVENTORY MAP - PHASE I: The Map of the Iowa City service
area with designations of potential environmentally sensitive areas, such as
woodlands, wetlands, flood plains, steep slopes, hydric soils, prairie remnants and
geological, historical and archaeological features.
SENSITIVE AREAS OVERLAY ZONE: A planned development rezoning of a tract of land
that requires the approval of a sensitive areas development plan, which designates
protected sensitive areas and their associated buffers on said tract.
SENSITIVE AREAS, PROTECTED: Portions of a parcel of land containing
environmentally sensitive features that are designated on an approved sensitive areas
site plan or a sensitive areas development plan and where no development activity is
allowed.
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14-9E
Sensitive Lands Definitions
SENSITIVE AREAS SITE PLAN: A site plan for development on a tract of land that does
not require a sensitive areas overlay rezoning and is not otherwise exempt, but which
contains sensitive areas that warrant protection under the provisions of Article 14-51,
Sensitive Lands and Features.
SLOPE: An inclined ground surface, either naturally occurring or altered, with a vertical
rise of at least 10 feet, and which is not otherwise approved by the City, such as City
approval of a grading plan, prior to December 13, 1995.
SLOPE, ALTERED PROTECTED: Any slope of 40 percent or steeper created by human
activity such as cutting or filling, which activity has occurred prior to December 13,
1995, and which slope is not otherwise approved by the City.
SLOPE, CRmCAL: A slope of 25 percent, but less than 40 percent.
SLOPE, PERCENT OF: The slope of a designated area determined by dividing the
horizontal run of the slope into the vertical rise of the same slope and converting the
resulting figure into a percentage value.
SLOPE, PROTECTED: Any slope of 40 percent or steeper.
SLOPE, STEEP: A slope of 18 percent, but less than 25 percent.
SLOPES, REGULATED: Slopes defined herein as steep (18-24 percent), critical (25-39
percent), and protected (40+ percent).
STREAM CORRIDOR: A river, stream or drainageway shown in blue (the blue line) on
the most current U.S. Geological Survey Quadrangle Maps, and the area of its
delineated f1oodway. In cases where no f100dway is delineated, the blue line will
serve as the center line within a 30 foot wide stream corridor.
TREE, FOREST: Any tree 2 inches in diameter or greater, and included on the list of
forest trees approved by the City.
WETLAND SPECIALIST: An individual certified as a wetland specialist by the Society of
Wetland Scientists, or its successor, or a person who can demonstrate to the City that
they have expertise in wetland areas which may include delineation, mitigation and
evaluation.
WETLAND/WETLAND AREAS: Those areas that are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. For the purposes of this Section, "wetland" shall mean a jurisdictional
wetland that is regulated by the U.S. Army Corps of Engineers, or its successor.
Determination of jurisdictional wetlands shall be made either by the Corps or its
successor or by a wetland specialist and accepted by the Corps or its successor.
WOODED AREAS: Includes woodlands or "groves of trees," as defined in this Article.
WOODLAND CLEARING: The destruction or removal of trees within regulated
woodlands by physical, mechanical, chemical or other means, such that the clearing
results in a total opening in the woodland canopy of 20,000 square feet or more.
WOODLAND/WOODLAND AREA: Any tract of land with a contiguous wooded area not
less than 2 acres and containing not less than 200 forest trees per acre.
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14-9F
Flood Plain Management Definitions
Article F. Flood Plain Management Definitions
As used in Article 14-5J, Flood Plain Management Standards, the following definitions shall
apply. The General Definitions contained in Article A of this Chapter shall apply to all terms used
in Article 14-5J that are not defined below.
lOO-YEAR FLOOD EVENT: A flood, the magnitude of which has a one percent chance of
being equaled or exceeded in any given year or which, on the average, will be
equaled or exceeded at least once every 100 years.
BASEMENT: Any enclosed area of a building that has its floor or lowest level below
ground level (subgrade) on all sides (see definition of Lowest Floor).
DEVELOPMENT: Any human made change to improved or unimproved real estate,
including, but not limited to, the placement of manufactured housing, buildings or
other structures, mining, dredging, streambank erosion control measures, filling,
grading, paving, excavation or drilling operations.
FLOOD: A general and temporary condition of partial or complete inundation of normally
dry land areas resulting from the overflow of streams or rivers or from the unusual
and rapid runoff of surface waters from any source.
FLOOD ELEVATION: The elevation which floodwaters would reach at a particular site
during the occurrence of a specific frequency flood. For instance, the 100-year flood
elevation is the elevation of floodwaters related to the occurrence of a 100-year flood
event.
FLOOD INSURANCE RATE MAP: The official map prepared as part of (but published
separately from) the flood insurance study which delineates both the flood hazard
areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: A study initiated, funded and published by the federal
insurance administration for the purpose of evaluating, in detail, the existence and
severity of flood hazards, providing the city with the necessary information for
adopting a flood plain management program and establishing actuarial flood
insurance rates.
FLOOD PLAIN: Any land area susceptible to being inundated by water as a result of a
specific frequency flood. For instance, the 100-year flood plain in the area of land
susceptible to being inundated by a 100-year flood event.
FLOOD PLAIN MANAGEMENT: An overall program of corrective and preventive
measures for reducing flood damages and for promoting the wise use of flood plains,
including, but not limited to, emergency preparedness plans, flood control works,
flood proofing and flood plain management regulations.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes
or adjustments to structures, including utility and sanitary facilities, which will reduce
or eliminate flood damage to such structures.
FLOODWAY: The channel of a river or stream and those portions of the flood plains
adjoining the channel which are reasonably required to carry and discharge
floodwaters so that confinement of floodwaters to the floodway area will not result in
424
_._---_..._.,----~._---------'---_."-~~.
City Council - Final Draft
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14-9F
Flood Plain Management Definitions
substantially higher flood elevation. Where f100dway data has been provided in the
flood insurance study, such data shall be used to define the f100dway limits. Where
no f100dway data has been provided, the Iowa Department of Natural Resources or
its successor shall be contacted to provide a f100dway delineation.
FLOODWAY FRINGE: Those portions of the flood plain, other than the f1oodway, which
can be filled, leveed or otherwise obstructed without causing substantially higher
flood elevations.
LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a
basement, except when all the following criteria are met:
. The enclosed area is designed to flood to equalize hydrostatic pressure during
floods with walls or openings that satisfy the provisions of 14-5J-7D of this Title;
and
. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for
low damage potential uses, such as building access, parking or storage; and
. Machinery and service facilities (e.g. hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one foot above the 100-year
flood elevation; and
. The area is not below grade on all sides.
MANUFACTURED HOUSING: Any structure designed for residential use which is wholly
or in substantial part, made, fabricated, formed or assembled in manufacturing
facilities for installation or assembly and installation on a building site. For the
purposes of Article 14-5J, Flood Plain Management, manufactured housing includes
factory built homes, mobile homes, manufactured homes and modular homes and
also includes park trailers, travel trailers and other similar vehicles placed on a site for
greater than 180 consecutive days.
MANUFACTURED HOUSING PARK: A parcel or contiguous parcels of land divided into
two or more manufactured housing lots for rent or sale.
NEW CONSTRUCTION OF NEW BUILDINGS, MANUFACTURED HOUSING PARKS:
Those structures or development that began construction after January 1, 1978.
STRUCTURE: Anything constructed or installed on the ground or attached to the ground,
including, but not limited to buildings, factories, sheds, cabins, manufactured
housing, storage tanks and similar.
SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies either of
the following criteria:
. Any repair, reconstruction or improvement of a structure, the cost of which equals
or exceeds fifty percent of the market value of the structure either before the
improvement or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred. For the purposes of this definition,
substantial improvement is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure. The term
does not, however, include any project for improvement of a structure to comply
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14-9F
Flood Plain Management Definitions
with existing state or local health, sanitary or safety code specifications which are
solely necessary to assure safe conditions for the existing use.
. Any addition which increases the original floor area of a building by 25 percent or
more. All additions constructed after June 5, 1985 shall be added to any
proposed addition in determining whether the total increase in original floor space
would exceed 25 percent.
426
M~
~
-,
Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356.5251
ORDINANCE NO. 05-HS7
AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2)
ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE AND PLANNED HIGH DENSITY
MULTI-FAMILY RESIDENTIAL (PRM) ZONE FOR THE AREAS CURRENTLY ZONED CB-2
LOCATED SOUTH OF BURLINGTON STREET AND WEST OF LINN STREET.
WHEREAS, the Planning and Zoning Commission and the City Council has determined that the
Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas
adjacent to the Central Business District; and
WHEREAS, the Central Business Service Zone has been eliminated from the Iowa City Zoning Code
and the Iowa City Zoning Map; and
WHEREAS, areas zoned CB-2 must be rezoned to another appropriate zoning designation; and
WHEREAS, according to the Iowa City Comprehensive Plan and associated Near Southside
Neighborhood Redevelopment Plan, the areas currently zoned CB-2 located south of Burlington Street
and West of Linn Street are primarily intended for high density multi-family housing and larger scale, high
intensity commercial uses consistent with downtown Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: The property described below is hereby reclassified from its present
classification of Central Business Service (CB-2) Zone to the zones indicated below:
Original town of Iowa City, lots 7,8 and the northern 5 feet of lot 6 of Block 93 is reclassified to Central
Business Support (CB-5) Zone;
County Seat Addition, northern 70 feet of lot 8 of Block 9 is reclassified to Central Business Support
(CB-5) Zone;
County Seat Addition, lots 1, 2, 7, 8 of Block 7 is reclassified to Planned High Density Multi-Family
(PRM) Zone;
County Seat Addition, lots 5, 6, 7, and the western 60 feet of the southern 53.5 feet of lot 4 of Block 8
is reclassified to Planned High Density Multi-Family (PRM) Zone;
SECTION II. ZONING MAP: The City Building Official is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and
publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed
to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson
County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as
Ordinance No. 00-41 R7
Page 2
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this -litll day of
December
,2005.
A.~~w- ~/
MAYOR
~
-
ATTEST: ~~ cK. =k~
CITY CLERK
Approved by
I~ ~~ /.//'Z-I,,>
City Attorney's Office
Ordinance No. 05-4187
Page ~
It was moved by 0' Donne 11 and seconded by
as read be adopted, and upon roll call there were:
Vanderhoef that the Ordinance
AYES: NAYS: ABSENT:
y
x
x
x
x
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 10/18/05
Votefotpassage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration 11/1/05
Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Date published 1 7/7R 10'i
M.h
()
1
Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (REZ05-00017)
ORDINANCE NO.
05-4188
AN ORDINANCE TO REZONE PROPERTIES CURRENTLY ZONED RESIDENTIAL
FACTORY-BUILT HOUSING (RFBH) ZONE, TO PLANNED DEVELOPMENT HOUSING-HIGH
DENSITY SINGLE-FAMILY (OPDH-12) ZONE (REZ05-00017).
WHEREAS, the City of Iowa City, has requested a general rezoning of properties which are
currently zoned RFBH to OPDH-12 in order to remove redundant zoning categories; and
WHEREAS, the Planning and Zoning Commission has found that the current code includes a
separate category and standards for manufactured housing parks; and
WHEREAS, typical zoning rules are not easily applied to these types of developments; and
WHEREAS, the Planning and Zoning Commission has found that manufactured housing parks
are not dissimilar to condominium planned developments, where the dwelling units are
separately owned but the land and surrounding facilities are owned in common; and
WHEREAS, the Planning and Zoning Commission has found the RFBH zone similar to the
OPDH-12 zone in that a specific site plan is required for new development; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning of RFBH to OPDH-12,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The parcels described below are hereby reclassified from their current
zoning designation of Residential Factory Built Housing (RFBH), to Planned Development
Housing-High Density Single Family (PDH-12):
All that part of the NE V- of the NE V- of Section 4, Township 79 North, Range 6W in
Johnson County, Iowa, except the SE V- of the NE V- of the NE V- and the SW V- of the
NE V- of the NE V- of said Section 4, and except 4-1/2 acres from the NE V- NE V- NE V-
and NW V- NE V- NE V- taken by the State of Iowa for highway purposes with the north
property line described as follows: starting at a point on the west line of NE V- NE V- that
is 140 feet south of the centerline of Interstate 80, thence to a point 75 feet radially
distant southerly from the edge of concrete at Station 2905+51.6 on Ramp B, thence to a
point 60 feet radially distant southerly from the edge of concrete at State 2910+00,
thence parallel to the edge of concrete on Ramp B 60 feet distant southerly to a point on
the east line of Section 4.
And,
Lot 2 of Padens Re-subdivision of Lots 1 and 4 of Charles Subdivision of the SW1/4 of
Section 22, Township 79 North, Range 6 West of the 5th P.M. according to the plat
thereof recorded in Plat Book 1, page 138 of the Plat Records of Johnson County, Iowa,
excepting therefrom the following described tract, to-wit: Beginning at the northwest
corner of said Lot 2, thence east on the north line of said Lot 2, 650 feet, thence south 2
degrees 40 minutes east 134 feet thence west 160 feet, thence north 2 degrees 40
minutes east 134 feet to the place of beginning; also excepting the following described
tract, to-wit; Commencing at a point on the east line of the public highway, which point
134 feet south 2 degrees 40 minutes west of the northwest corner of said Lot 2 of said
Paden's Re-subdivision aforesaid, thence South 89 degrees 25 minutes East 252 feet;
thence south 2 degrees 40 minutes west 153.5 feet, thence North 89 degrees 25 minutes
west 12 feet; thence south 2 degrees 40 minutes west 80 feet, thence North 89 degrees
25 minutes west 240 feet, thence north 2 degrees 40 minutes east 233.5 feet to the place
of beginning.
And,
Residence and mobile home park located at 2254 South Riverside Drive, Iowa City, Iowa,
legally described as:
Ordinance No.
Page 2
05-4188
Lot 3 in Paden's Subdivision of Lots 1 and 4, Charles Subdivision of the SW1/4 of
Section 22, in Township 79 North Range 6 West of the 5th P.M. excepting therefrom the
following tract, to-wit: Beginning 202 feet southwesterly from the Northwest corner of said
Lot 3 of Paden's Subdivision aforesaid, thence South 85 degrees 52 minutes East 384
feet, thence South 17 degrees 10 minutes West 549 feet to the original South line of said
Lot 3, thence North 76 degrees West 215 feet, thence North 5 degrees 30 minutes West
360.5 feet, thence easterly 21 feet, thence North 2 degrees 40 minutes East 142 feet to
the place of beginning, the area of said excepted tract being 3.70 acres, and the tract
conveyed by this deed containing 16.3 acres more or less.
And,
Beginning at the Southeast comer of Lot three (3) of the Paden's Resubdivision of Lots 1
and 4 of Charles Subdivision of the Southwest Quarter of Section Twenty-Two (22),
Township seventy-nine (79) North, Range Six (6) west, of the 5th P.M.; Thence
N76042'52" W, along the southerly line of said Lot 3, a distance of 88.94 feet; Thence
N16031'56"E, 780.57 feet, to a point on the northerly line of said Lot 3; Thence
S80001 '58"E, 255.60 feet more or less, along said northerly line and its southeasterly
projection thereof, to a point which is at the Mean High Water Mark of the Iowa River as it
is presently located, which is witnessed by a 5/8 inch iron rebar set 3 feet, normally
distant, westerly of the Westerly Top of Bank of said Iowa River. Thence meandering
along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa
River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly
of the Westerly Top of Bank of said Iowa River, and is located 193.34 feet, S16032'12"W,
of the previous witness marker; Thence meandering along said Mean High Water Line to
a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8
inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said
Iowa River, and is located 254.45 feet, S00036'13", of the previous witness marker;
Thence meandering along said Mean High Water Line to a point at the Mean High Water
Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet
normally distant westerly of the westerly Top of Bank of said Iowa River, and is located
128.20 feet. S12039'26"W, of the previous witness marker; thence meandering along said
Mean High Water Line to a point at the Mean High Water Mark of said Iowa River at its
intersection with the southeasterly projection of the Southerly Line of said Lot 3, which
point is witnessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet
normally distant westerly of the Westerly Top of Bank of said Iowa River, and which
marker is located 252.21 feet, S1605T57"W, of the previous witness marker; Thence
from said Mean High Water Mark, N76042'52'W, along said southerly line 347.29 feet, to
a point of Beginning. Said parcel of land contains 7.17 Acres more or less and is subject
to easements and restrictions of record.
And,
Commencing at the Southeast corner of Section 24, Township 79 North, Range 6 West
of the 5th Principal Meridian; thence due West along the South line of said Section 24,
3217 .31 feet to the point of beginning; thence West, 773.24 feet; thence North 01030'22"
East, 682.39 feet; thence East, 773.24 feet; thence South 01030'22" West, 682.39 feet to
the point of beginning. Said tract of land containing 12.11 acres.
E Yo SW v., that part thereof lying south of U.S. Highway 6 excepting the east 25 feet
thereof and more particularly described as follows Commencing at the south quarter
corner of said Section 24, thence on an assumed bearing due west 25.00 feet to the point
of beginning, thence N 01030'24" E, 1622.11 feet to a point of the south right of way line
of said U.S. Highway 6, thence northwesterly along said right of way line on a 5790 foot
radius curve concave to the northeast to a point bearing on a long chord 1393.18 feet N
51011'17" W, of the preceding point, thence N 78038'14" W, 186.24 feet to a point on the
west line of said E Yo SW 1/4 , thence S 1030'22" W, 2532.53 feet to a point at the
southwest corner of said E Yo SW 1/4 , thence due east on the south section line of said
_________._~__...n..~____.._._.,__...~..._~______.______.__________...__.___.._..__
Ordinance No. 05-4188
Page 3
Section 24, 1292.35 feet to the point of beginning, subject to easements and restrictions
of the record.
And,
Beginning at a point on the east line of the public highway known as the Sand Road,
which point is located as follows: Commencing at the intersection of the east line of said
highway with the north line of Section 22, Township 79 North, Range 6 West of the 5th
P.M., thence south 6 degrees 50 minutes east 447.5 feet along the east line of said
highway, thence southerly along a 9 degree 28 minute curve with a 606 foot radius
concave westerly 269.4 feet along the east line of said highway to the said point of
beginning, from thence due east 992.4 feet, thence due south 607.6 feet to the south line
of the N Y. of the NE Y. of said Section 22, thence west along south line to the southwest
comer of said N1/2 of NE1/4, thence north along the west line of said N Y. of NE y., to the
intersection of said west line with sthe north line of the south 7 acres of the east 40 acres
of Government Lot 1 in the said Section 22, thence west along said north line to the east
line of the said public highway, thence northeasterly along the east line of said public
highway to the place of beginning. Johnson County, Iowa.
And,
Commencing at the northeast comer of Sec. 3, Twp. 79 N., R. 6 West of the 5th P.M.,
thence north 88. 13' West 689.3 feet to the centerline of the Prairie du Chien Road and
the place of beginning; thence north 88. 41' west 36.6 feet to an iron pin on the road right
of way line, thence continuing north 88.41' west 637.4 feet to an iron pin at the northwest
corner of the tract; thence south 1. 01' east 162.9 feet to an iron. pin at the southwest
corner of the tract; thence south 88. 25' east 710.6 feet to an iron pin on the westerly
road right of way line; thence continuing south 88. 25' east 38.8 feet to the centerline of
the said Prairie du Chien Road; thence North 30. 03' west 57.5 feet along the centerline
of the road; thence northerly 128.0 feet along a 573.7 foot radius curve concave easterly
to the place of beginning. Excepting any part of said premises conveyed to the State of
Iowa by warranty deed recorded in Book 254, Page 62, Deed Records of Johnson
County, Iowa.
Excepting that portion described as follows:
A portion of the Northwest quarter of the Northeast quarter and a portion of the Northeast
quarter of the Northeast quarter of Section 3, Township 79 North, Range 6 West of the
Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are
described as follows: Commencing at the North quarter comer of Section 3, Township 79
North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa;
Thence N89.30'OO"E, along the North line of the Northeast quarter of said Section 3, a
distance of 1279.40 feet to the point of beginning; Thence continuing N8!;l.30'OO"E, along
said North line, 224.59 feet; thence southwesterly, 114.62 feet, along an arc of a 367.00
foot radius curve, concave southeasterly, whose 114.15 foot chord bears S42.40'40"W;
Thence S33.43'51"W, 97.64 feet; Thence S89.28'15"W, 100.53 feet; Thence
N03.14'55"W, 143.55 feet; Thence N37.02'18"E, 26.03 feet to a point on said North line
of the Northeast quarter and said point of beginning, containing 0.61 acres, and is subject
to easements and restrictions of record.
And, Lot 4 and Lot 6 of subdivision named Saddlebrook, Part II, excluding the portion
described below:
Lot 7 and 8 and a portion of Lot 4 and 6 of Saddlebrook's Second Addition lying in the
NW y. NE Y. and the SW Y. NE Y. Section 25, T. 79, R. 6 W., of the 5th P.M., Johnson
County, Iowa, described as follows:
Commencing at the Center of said Section 25; thence NOO.1T21"E -1006.38 feet along
the west line of said SW Y. NW y.; thence S90.00'OO"E - 17.78 feet, also being the Point
of Beginning of the parcel herein described: thence NOO.59'52"W - 128.03 feet; thence
N37.50'18'W - 20.00 feet; thence northeasterly - 37.99 feet along a 49.00 foot radius
--_._--_:..._~-,--~--_...~--~--_.~----~.~---------_.,----..-----------. --~------_._._-~----_..._-~-'-_....
Ordinance No.
Page 4
05-4188
curve concave northwesterly with a central angle of 44"25'15" and a chord of
N29"ST04"E - 37.04 feet; thence N07"44'27"E - S09.63 feet; thence N09"06'36"E -
7S.25 feet; thence northeasterly - 32.68 feet along a 1490.00 foot radius curve concave
easterly with a central angle of 01"15'24" and a chord of N11"11'03"E - 32.68 feet;
thence northwesterly - 85.52 feet along a 162.93 foot radius curve concave westerly with
a central angle of 30"04'23" and a chord of N05"04'34'W - 84.54 feet; thence
N20"09'17'W - 23.84 feet; thence northeasterly - 32.65 feet along a 25.00 foot radius
curve concave easterly with a central angle of 74"49'19" and a chord of N17"15'22"E -
30.38 feet; thence northeasterly - 127.57 feet along a 126.00 foot radius curve concave
northwesterly with a central angle of 58"00'43" and a chord of N25"39'40"E - 122.19 feet;
thence N03"20'41'W - 192.32 feet; thence northwesterly - 205.75 feet along a 312.00
foot radius curve concave southwesterly with a central angle of 37"47'01" and a chord of
N22"14'12'W - 202.04 feet; thence northerly - 34.87 feet along a 25.00 foot radius curve
concave easterly with a central angle of 79"55'30" and a chord of N01"09'S7'W - 32.11
feet; thence N38"47'48"E - 52.23 feet; thence northeasterly - 34.27 feet along a 267.50
foot radius curve concave southeasterly with a central angle of 07"20'22" and a chord of
N41"48'18"E - 34.24 feet; thence northeasterly -114.84 feet along a 267.88 foot radius
curve concave southeasterly with a central angle of 24"33'47" and a chord of
N57"46'55"E - 113.96 feet; thence N70"04'20"E - 157.38 feet; thence easterly - 14.26
feet along a 30.00 foot radius curve concave southerly with a central angle of 27"13'37"
and a chord of N83"41'08"E - 14.12 feet; thence S20"31'09"E - 60.07 feet; thence
S22"26'14"E - 89.62 feet; thence S20"31'09"E - 7S.79 feet; thence southerly - 168.42
feet along a 470.00 foot radius curve concave westerly with a central angle of 20"31'53"
and a chord of S10"15'12"E - 167.52 feet; thence SOO"00'45'W - 22.34 feet; thence
N89"57'39"E - 173.42 feet; thence SOO"02'21"E - 1038.77 feet; thence S67"52'28'W -
315.94 feet; thence westerly - 365.13 feet along a 960.00 foot radius curve concave
northerly with a central angle of 21"47'32" and a chord of S78"39'35'W - 362.94 feet to
the Point of Beginning. Said parcel contains 13.57 acres.
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance as provided by law.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this ordinance and record the same in the Office of the County
Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
day of December
,2005.
AYOR
ATTEST: ~~ cf( ~~
CI ERK
Approved by ~ ~ 10/;0&,5-
Citf: arney's ffice
Ordinance No. 05-4188
Page ~
It was moved by Champion and seconded by
as read be adopted, and upon roll call there were:
Wilburn
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
y
x
X
X
First Consideration 10/ 18 / 0 5
Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott. NAYS: None. ABSENT: None.
Second Consideration 11 /1/05
Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott. NAYS: None. ABSENT: None.
Date published 12 / 28 /05
fV\~
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00010)
ORDINANCE NO. 05-4189
AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO
PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE FAMILY (OPDH-8) FOR
LOTS LOCATED ON LONGFELLOW pLACE WITHIN THE LONGFELLOW MANOR SUBDIVISION
WHEREAS, the Zoning Code is being revised to make the RS-8 zone primarily a small-lot single family
zone; and
WHEREAS, Longfellow Manor has been platted and designed primarily for duplexes; and
WHEREAS. the Planning and Zoning Commission has recommended approval of a rezoning from RS-8
to Planned Development Housing Overlay - 8 (OPDH-8) to allow the continuation of the existing pattern of
duplex development within Longfellow Manor Subdivision; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning
classification of RS-8 to OPDH-8.
Longfellow Manor, Lots 6-16
SECITON II. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and
subdivision requirements may be approved for planned development housing overlays to permit the
clustering of density. The following variations from the RS-8 zoning requirements are hereby approved as
part of the planned development housing overlay for Longfellow Manor:
,. a. Duplexes will be permitted.
b. Duplexes will be allowed to face both the public street, Longfellow Place, and the private street,
Longfellow Court.
", ,SECTION III. ZONING MAP. The Building Official is hereby authorized and directed to change the
toning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same,
at the office of the County Recorder of Johnson County, Iowa, at the City's expense, all as provided by
law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
S'-
,< ,-
Ordinance No. 05-4189
Page 2
Passed and approved this.l.5..th.. day of Dpppmnpr
d;--pLw~/
~OR _ ~
ATTEST: ~..-) II.
CITY ERK
APProvAM
29.~
City Attorney's Office
ppdadmlonllREZ05-0001 O.doc
/o/,z./"s-
, 20...D.S-.
Ordinance No. 05-4189
Page ~
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
First Consideration 10 /18/ 0 5
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Second Consideration 11 11/05
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Date published 12/28/05
1\1\ tn, ( ,
J '(,
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00011)
ORDINANCE NO. 05-4190
AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-S) TO HIGH
DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED ON DODGE STREET COURT WITHIN
JACOB RICORD'S SUBDIVISION.
WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance
to make the RS-8 zone primarily a small lot single family zone.
WHEREAS, the Planning and Zoning Commission has recommended that portions of Jacob Ricord's
Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex development; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning
classification of RS-8 to RS-12.
A Resubdivision of portions of Lots 5 and 6, Jacob Ricord's Subdivision.
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same,
at the office of the County Recorder of Johnson County, Iowa, at the City's expense, all as provided by
law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this.l.5tiL day of nprpmhpl"
c;{~-/ W. ~
~M~OR . ~ \
ATTEST: /},AA'~....J ,(/. ~
cnYeLERK
,20..0.5-.
Approved by ~ _ ~
l!~ffice
I"I,~,S-
ppdadmlordlREZ05-00011.doc
Ordinance No. 05-4190
Page --L-
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
Wilburn
that the Ordinance
AYES: NAYS: ABSENT:
x
X
X
X
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
x
X
X
First Consideration 10 /18/ 0 5
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration 11/1105
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Date pUblished 12/28/05
(v\+o J
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00013)
ORDINANCE NO. O5-4191
AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HIGH
DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED SOUTH AND EAST OF WHISPERING
MEADOWS DRIVE WITHIN THE WHISPERING MEADOWS SUBDIVISION.
WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance
to make the RS-8 zone primarily a small lot single family zone.
WHEREAS, the Planning and Zoning Commission has recommended that portions of Whispering
Meadows Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex
development; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning
classification of RS-8 to RS-12.
Whispering Meadows Subdivision, Part Two, lots 76 to 95, and lots 137 to 167 and Whispering Meadows
Subdivision, Part Three, lots 96 to 136.
SECTION 11. ZONING MAP. The Building Official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same,
at the office of the County Recorder of Johnson County, Iowa, at the City's expense, all as provided by
law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in. conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 15th day of December
,20~.
~~~l-._q{L__
MAYOR~ &
ATTEST; __oN) K- ~
CI ERK
Approved by /J ~
~O-
City ttorney's Office
/DItJpS-
ppdadmlordlREZ05-00013.doc
Ordinance No. 05-4191
Page ---L
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
x
X
X
x
X
First Consideration 10/ 18/05
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey,Champion,Elliott, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration 11 / 1/05
Vote for passage: AYES: Wilburn, BAiley, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Date published ] 2/28/05
~
.
'?
Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 05-4192
AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2)
ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE AND HIGH DENSITY MULTI-
FAMILY RESIDENTIAL (RM-44) ZONE, FOR CERTAIN AREAS CURRENTLY ZONED CB-2
LOCATED SOUTH OF JEFFERSON STREET AND EAST OF GILBERT STREET.
WHEREAS, the Planning and Zoning Commission and the City Council has determined that the
Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas
adjacent to the Central Business District; and
WHEREAS, areas zoned CB-2 need to be rezoned to another appropriate zoning designation; and
WHEREAS, the current CB-2 properties that front on Iowa Avenue and along Van Buren Street north
of Washington Street and isolated parcels surrounded by public uses west of Van Buren Street contain a
mix of larger-scale offices, retail uses, and institutional uses that are consistent with the intent of the CB-5
Zone to allow for the orderly expansion of the Central Business District and to enhance the pedestrian
orientation of the central area of the City;
WHEREAS, the current CB-2 properties located along the north side of Burlington Street are suitable
for CB-5 zoning due to the location along a major transportation corridor adjacent to downtown Iowa City;
WHEREAS, the current isolated CB-2 property located on the south side of Burlington Street is
surrounded by high density multi-family zoning;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: The property described below is hereby reclassified from its present
classification of Central Business Service (CB-2) Zone to the zones indicated below:
Original town of Iowa City, the eastern 70 feet of lot 6 of Block 43; the north 110 feet of lot 4 of Block
44; lots 7,8 of Block 45; lots 5,6,7 of Block 39; lots 2,3,4,5, and the portions of lots 6,7 of Block 40 that lie
north of the southern boundary of the CRI&P Railroad right of way; lots 5,6, and a portion of lot 7
described as (beginning at the northwest corner of lot 7, thence south 150 feet, east 80 feet, north 120
feet, west 34.8 feet, north 30 feet, and west 45.2 feet to beginning )of Block 42 are reclassified to Central
Business Support (CB-5) Zone;
Original town of Iowa City, the eastern 105 feet of lots 7 and 8 of Lyman Cook's Subdivision of Outlot
25 are reclassified to High Density Multi-Family Residential (RM-44) Zone.
SECTION II. ZONING MAP: The City Building Official is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and
publication of this ordinance as provided by law.
Ordinance No. 05-4192
Page 2
SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed
to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson
County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTiON V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTiVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this ~ day of December
,2005.
~ --YL t-f. *,/.. _"
MAYOR
ATTEST: ~AJ "--.J f( ~
C~K
Approved by
1d1*-& (~~$-
City Attorney's Office
Ordinance No. 05-4192
Page -2-
It was moved by Champion and seconded by
as read be adopted, and upon roll call there were:
O'Donnell that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
y
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 1l1l/05
Vote for passage: AYES, Champion, Elliott, Lehman, O'Donnell, Vanderhoef.
NAYS: Bailey, Wilburn. ABSENT: None.
Second Consideration 1l/15/ 0 5
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS:
Wilburn, Bailey. ABSENT: None.
Date published 12/28/05
M+D
..-
~....._~
I
Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 05-4193
AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2)
ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE, MIXED USE (MU) ZONE AND
PUBLIC (P) ZONE, FOR CERTAIN AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF
DAVENPORT STREET AND NORTH OF JEFFERSON STREET.
WHEREAS, the Planning and Zoning Commission and the City Council has determined that the
Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas
adjacent to the Central Business District; and
WHEREAS, areas zoned CB-2 need to be rezoned to another appropriate zoning designation; and
WHEREAS, certain CB-2 properties located along Market Street west of Gilbert Street and at the
corner of Dubuque Street and Market Street are larger in scale and are located adjacent to high density
multi-family zones and existing areas zoned Central Business Support (CB-5) and are compatible with
intended purposes of the CB-5 Zone;
WHEREAS, the property at 405/411 Market Street is adjacent to an existing Mixed Use (MU) Zone
and contains nonconforming multi-family buildings that contain no commercial elements on a the ground
floor, so would be more compatible with uses in a Mixed Use (MU) Zone;
WHEREAS, the publicly-owned parcel located on the north side of Market Street is currently being
utilized as a public parking lot and should therefore be zoned Public (P) to give notice to the public that it is
owned by the City and being used for public purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: The property described below is hereby reclassified from its present
classification of Central Business Service (CB-2) Zone to the zones indicated below:
Original town of Iowa City, lots 5, 6, 7, and the western 10 feet of the northern 75 feet of lot 8 of Block
68; and lots 2, 3, 4, of Block 59 are reclassified to Central Business Support (CB-5) Zone;
Original town of Iowa City, lot 3 and the western 40 feet of lot 2, Block 46 are reclassified to Mixed
Use (MU) Zone;
Original town of Iowa City, the eastern 38.3 feet of lot 6, lot 7, and the western 39.7 feet of lot 8 of
Block 58 are reclassified to Public (P).
SECTION II. ZONING MAP: The City Building Official is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and
publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORUING: The City Clerk is hereby authorized and directed
to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson
Ordinance No. O~-41 <j1
Page 2
County, Iowa, at the City's expense, upon the final passage, approval and pUblication of this ordinance, as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved thisl.5..th... day of npppmhPT
C;:,_/4/. ~J____
MAYOR
ATTEST:~ ,f. -K~
CITY CLERK
Approved by
/)(t4bf'~ ID/~/~-
CITY ATTORNEY'S OFFICE
,2005.
Ordinance No. n,-1.1 Q,
Page ----3-
It was moved by Bailey and seconded by r.hampi on
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
that the Ordinance
x
x
x
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn .
y
x
First Consideration 11 /1 /0"
Vote for passage: AYES: Champion,
NAYS: Wilburn, Bailey. ABSENT:
Second Consideration 11 / 15/05
Vote for passage: AYES: Champion,
Wilburn, Bailey. ABSENT: None.
Date published 12/28/05
Elliott, Lehman, O'Donnell, Vanderhoef.
None.
Elliott, Lehman, O'Donnell, Vanderhoef.
NAYS:
M1J
It)
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00012)
ORDINANCE NO. 05-4194
AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO
PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE FAMILY (OPDH-8) FOR
LOTS LOCATED ON CATSKILL COURT WITHIN THE EAST HILL SUBDIV1SION.
WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance
to make the RS-B zone primarily a small lot single family zone.
WHEREAS, the Planning and Zoning Commission has recommended that the East Hill Subdivision be
rezoned to OPDH-B to allow continuation of the existing pattern of duplex development; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning
classification of RS-B to OPDH-B.
East Hill Subdivision
SECTION II. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and
subdivision requirements may be approved for planned development housing overlays to permit the
clustering of density. The following variations from the RS-B zoning requirements are hereby approved as
part of the planned development housing overlay for East Hill Subdivision:
a. Duplexes will be permitted.
b. Dimensional standards will be those of the RS-8 zone that were in place as of October 1, 2005.
Any subsequent requirements for garage placement or the percentage of a fayade of a street-
facing garage do not apply.
SECTION III. ZONING MAP. The Building Official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same,
at the office of the County Recorder of Johnson County, Iowa, at the City's expense, all as provided by
law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
-",~,-------,-'-"-'--'-""-"'-'----'-'---""'--'-..~,..~--
Ordinance No. 0<;-41 q4
Page 2
Passed and approved this ...l5l;hday of nprpmhPr
cd;- ._~/~. /)fL-
AYOR ~.
ATTEST: ",~ II. ~AA..J
Cll ERK
Approved by
fl(c?!i~
City Attorney's ffice
10 ~fJJ
ppcladmlordlREZOS-00012.doc
,20-.llL.
Ordinance No. 05-4194
Page --3-
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
O'Donnell that the Ordinance
AYES: NAYS: ABSENT:
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
y
x
x
y
x
First Consideration 1 1 /1 <; / n <;
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman, NAYS: None. ABSENT: None.
Second Consideration 1 ? /11/0 <;
Voteforpassage:AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: Nays.
Date published 12/28/05