Text Amendment - Rural Residential Overlay District Ord 58-08Prepared by: Tim O'Brien, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. 58 -08
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE
OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE
OF THE CITY OF DUBUQUE, IOWA BY ESTABLISHING A RROD RURAL
RESIDENTIAL OVERLAY DISTRICT UNDER SECTION 2-1 ESTABLISHMENT OF
DISTRICTS AND A NEW SECTION 3-5.7 RROD RURAL RESIDENTIAL OVERLAY
DISTRICT
Section 1. Appendix A of the Code of Ordinances of the City of Dubuque, Iowa,
is hereby amended by amending Section 2-1 Establishment of Districts by including
under Special Purpose Districts the following:
"RROD Rural Residential Overlay District".
Section 2. Appendix A of the Code of Ordinances of the City of Dubuque, Iowa,
is hereby amended by adding Section 3-5.7 RROD Rural Residential Overlay District,
as shown on Exhibit A, attached hereto.
Section 3. That the foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 18th day of September 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
September 5, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 w. 13th Street
Dubuque IA 52001
Applicant: City of Dubuque
Description: To amend Section 2.1 and Section 3-5.7 of the City of Dubuque Zoning
Ordinance to establish a Rural Residential Overlay District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
Associate Planner Kyle Kritz spoke in favor of the request, reviewing the proposed
amendment to establish the Rural Residential Overlay District. He noted that it would
be applied in conjunction with the annexation of a property into the City, and that
surrounding property owners would be notified. The overlay district would use R-1
Single-Family Residential District standards and would go into effect upon approval of a
final plat.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed
amendment provides flexibility to property owners annexing into the City.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
Respectfully submitted,
Jeff Stile, Chairperson
Zoning Advisory Commission
THE CTTY OF
DUB E
Masterpiece on the Mississippi
Dubuque
tIIIl1
zoos
PLANNING APPLICATION FORM
^Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
^Rezoning
^Planned District
^Preliminary Plat
^Minor Final Plat
®Text Amendment
^Simple Site Plan
^Minor Site Plan
Please type or print legibly in ink
Property owner(s):
Address:
Fax Number:
^Major Site Plan
^Major Final Plat
^Simple Subdivision
^Annexation
^Temporary Use Permit
City:
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^Historic Designation
^Neighborhood Association
^Other:
State: Zip:
Cellular Number: E-mail Address:
Applicant/Agent: City of Dubuque Phone: 589-4210
Address: 50 W. 13"' St. City: Dubuque State: IA Zip: 52001
Fax Number: 589-4221 Cellular Number: N/A E-mail Address: N/A
Site location/address:
Existing zoning: Proposed zoning: Historic District:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision):
Landmark:
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed): Prooosed text amendment to establish a
Rural Residential Overlay District (RRODI.
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date: ~,
Applicant/Agent: ---~' ~ Date: ~_~ ~d
FOR OFFICE USE ONLY -APPLICATION SUBMITT HECKLIST
Fee: ~ Received by: ~ Dater Docket:
^ Site/sketch plan^ Conceptual Development Pla ^Photo ^ Plat
Improvement plans ^ Design review project description ^ Floor plan [.7 Other:
Memo to Zoning Advisory Commission
Rural Residential Overlay District
Page 2
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission recommend approval
of the Rural Residential Overlay District to the City Council. The RROD will allow
existing agricultural uses to remain active after annexation, while providing flexibility for
future residential development consistent with the City's Comprehensive Plan and
Future Land use Map.
ACTION REQUESTED
The requested action is for the Zoning Advisory Commission to review the proposed
text amendment and Section 6-3 of the Zoning Ordinance, and then make a
recommendation to City Council.
KLK/mkr
EFFECT OF AMENDMENT
2-1. Establishment of Districts.
In order to carry out the purposes of this ordinance, the following districts are
hereby established:
Special Purpose Districts:
RROD Rural Residential Overlay District
3-5.7. RROD Rural Residential Overlay District.
(A) Purpose. The purpose of the RROD Rural Residential Overlay District is to
accommodate change and encourage development. to reduce obstacles to
desirable development, and to avoid creation of nonconformity.
(B) Description Of The RROD. The RROD Rural Residential Overlay District
comprises of the areas shown on Exhibit 1. incorporated herein by reference as if
set out at length. The overlay zoning district designation supplements. but does
not replace the underlvina zoning district except as otherwise provided herein.
Exhibit 1 shows the underlvina zoning district and the overlay zoning district. The
underlvina zoning district is AG Agricultural District. The overlay zoning district is
shown on the Official Zoning Map as the name of the district lfor example. AGE
followed by "RROD" lfor example. AG-RROD).
(C) Principal Permitted Use. The following use shall be permitted in this
overlay district:
l1) Single-Family residential dwelling (detached).
lD) Accessory Uses. The following uses shall be permitted as accessory uses
as provided in Section 4 of this Ordinance:
l1) Anv use customary. incidental and subordinate to the principal
permitted use.
lE) Conditional Uses. The following conditional uses are permitted in this
overlay district. subject to the provisions of section 5 of this ordinance and are
the minimum requirements for application to the board of adjustment for a
conditional use permit:
(1) Bed and breakfast home. provided that:
dal The structure is either regulated by the historic preservation
ordinance or is listed on the national register of historic places;
(b) The use is maintained within an owner-occupied. sinale-
family dwellinp~
(c) The structure has a minimum total floor area of four
thousand five hundred (4.500) square feet. with not more than one
sleepina room for each seven hundred fifty (750) square feet of
floor area. with a maximum of three (31 sleepina rooms;
ld) Sianaae shall be limited to one wall mounted sign not to
exceed six (6) square feet in area. not internally illuminated. and
with direct liahtina only with a sharp cutoff luminance;
le) The permit shall not license the property for rental as a
private club. museum. or tour home: and
(fl Parking shall be provided at a rate of one space per guest
room. The parking shall be provided on site or on a street frontage
of the property. and should not intensify parking problems in the
neighborhood.
(2) Group daycare center provided that:
(a1 Forty (40) square feet of indoor floor area (excluding halls
and bathrooms) is provided per child in areas occupied by cribsti
thirty five (35) square feet of indoor area (excluding halls and
bathrooms) is provided per child in areas not occupied by cribs
times the licensed capacity: and seventy five l75) square feet of
fenced outdoor recreation space is provided per child using the
space at a given timeti
(bl The parking group requirements can be met:
(c) Such facility shall supply loading and unloading of children so
as not to obstruct public streets or create traffic or safety hazards:
(d) All licenses have been issued or have been applied for
awaiting the outcome of the board's decision: and
(e) Sianaae shall be limited to one nonilluminated. wall mounted
sign not to exceed four (41 sauare feet in area.
(3) Keeping of horses or ponies provided that:
(a) A minimum of two (2) acres of propertv is available for the
first animal:
lb) A minimum of 1.5 acres of additional propertv is available for
an additional animal. up to a maximum of two l2) animals; and
(c) A shelter of at least one hundred fifty (150) sauare feet and
enclosed on at least three l3) sides shall be provided on the
propertv.
lF) Temporary Uses. The following uses shall be permitted as temporary
uses in this overlav district:
(1) Building or trailer for storage of materials and/or eauipment
necessary for construction authorized by a valid building permit. provided
the location of the building or trailer has been approved by the building
official.
(G) Selection Of Overlay District Use.
(1) Subject to the reauirements of this Section. a propertv owner is
permitted the above uses of a propertv in this overlav district in lieu of the
regulations for the underlvina zoning district without the need for further
rezoning.
(2) The uses allowed under the regulations of this overlav district and
the uses allowed under the regulations of the underlvina zoning district are
mutually exclusive and not cumulative.
~3) At the time of approval of an application for approval of a
subdivision plat for a use permitted under the regulations of this overlav
district. the underlvina zoning classification on the subdivision shall
automatically cease. The Citv Planner shall remove the existing underlvina
zoning district from the Official Zoning Man at the next regular updating
thereof. and establish this overlav district as the new underlvina zoning
district for the propertv.
(H) Reclassification To Original Underlying Or Anv Other Zoning District. Anv
person may reauest a reclassification of propertv within this overlav district to the
original underlvina zoning district or any other zoning district listed in Section 2-1
of the Zoning Ordinance. The procedure for such a reclassification shall be that
established by Section 6 of the Zonina Ordinance. The overlay district shall
remain in place regardless of the new underlvina zoning district.
(il Conditions.
(11 The uses permitted in this overlay district are only allowed upon
approval of a subdivision plat for the property.
(2) The bulk regulations of the R-1 Single-Family Residential District
shall apply to uses permitted in the overlay district.
l3) No building permit shall be issued for any use permitted in the
overlay district unless these conditions have been complied with or a.
variance from these conditions is granted.