Ordinance 34-06OFFICIAL PUBLICATION
ORDINANCE NO. 34-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED
PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE DUBUQUE
INDUSTRIAL CENTER PHASES I AND II LOCATED AT THE SOUTHWEST
CORNER OF HIGHWAY 32 (NORTHWEST ARTERIAL) AND CHAVENELLE
ROAD AND BY REPEALING ORDINANCE 69-98, ORDINANCE 5-99,
ORDINANCE 40-00 AND ORDINANCE 18-02.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by adopting a revised Planned Unit
Development Ordinance, with conditions, for the Dubuque Industrial Center, as shown
in Attachment A, and to the centerline of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (2005) and as an express
condition of the reclassification, the undersigned property owner agrees to the following
conditions, all of which the property owners further agree are reasonable and imposed
to satisfy the public needs that are caused directly by the zoning reclassification:
A) Purpose and Scope
This document sets forth the conditions and restrictions applicable to
the specific PI Planned Industrial District known as "Dubuque Industrial
Center." All development and use of property in this specific district
shall comply with these conditions as well as with the PI Planned
Industrial District provisions of the Zoning Ordinance and other
applicable regulations of the City of Dubuque.
This document is not intended to abrogate, annul or otherwise interfere
with any easement, covenant or an other private agreement or legal
relationship; provided, however, that where the conditions and
restrictions of this document are more restrictive or impose higher
standards or requirements than such easement covenant or other
private agreement or legal relationship, the requirements of this
document shall govern.
B) Definitions
1) Building -related Features
Building -related features are defined as all construction items
which rise above the grade surface of the lot. These include:
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a) The primary building.
b) All accessory or secondary buildings.
c) All exterior storage areas.
d) Exterior refuse collection areas.
e) Exterior mechanical equipment.
f) Containerized or tank storage of liquids, fuels, gases and
other materials.
2) Vehicle -related Features
Vehicle -related features are defined as all areas used for the
movement and parking of all vehicles within the lot. These
include:
a) Employee and visitor parking spaces.
b) Driveways from the street right-of-way line to and from
parking spaces.
c) Loading spaces outside of the building.
d) Maneuvering space and driveways to and from loading
spaces.
e) Parking spaces for company-owned commercial vehicles.
3) Open Space Features
Open space features are defined as those exterior areas and
developed features of the lot which include:
a) Landscape space containing lawn areas and plantings.
b) Paved, hard -surfaced pedestrian areas such as walkways,
plazas, entryways and courtyards.
c) Surface storm water detention areas not otherwise used for
building -related or vehicle -related purposes.
d) Open recreation areas.
e) Other non -building and non -vehicular related space.
C) Use Regulations
Uses within this particular PI Planned Industrial District shall be
permitted as follows:
1) Land Use Plan
Land uses shall be located only in compliance with Attachment A
Dubuque Industrial Center Land Use Plan Phase I and II.
2) Permitted Uses
a) Development parcels within Phase I of the Dubuque
Industrial Center may be used for any principal permitted,
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accessory and conditional use allowed in the HI Heavy
Industrial District.
b) Development parcels within Phase II of the Dubuque
Industrial Center may be used for the following permitted
and accessory uses:
1) Railroads and public or quasi -public utilities, including
substations — [47]
2) General office — [14].
3) Medical/dental lab — [8].
4) Personal services — [14].
5) Off-street parking lot — [NA].
6) Parking structure — [NA].
7) Bakery (wholesale/commercial) — [19]/
8) Drive -up automated bank teller — [18].
9) Furniture/upholstery repair — [18].
10) Banks, savings and loans, credit unions — [31].
11) Vending/game machine sales and service — [19].
12) Mail order houses — [23].
13) Construction supply sales and service — [19].
14) Printing and publishing — [32].
15) Moving/storage facilities — [33].
16) Wholesale sales/distributor — [29].
17) Freight transfer facilities — [44].
18) Agricultural supplies — [19].
19) Cold storage/locker plants — [15].
20) Packing and processing of meat, dairy or food
products, but not to include slaughter houses or
stockyards — [33].
21) Compounding, processing, and packaging or chemical
products, but not including highly flammable or
explosive materials — [33].
22) Manufacture, assembly, repair or storage of electrical
and electronic products, components or equipment —
[33].
23) Laboratories for research or engineering — [33].
24) Warehousing and storage facilities — [33].
25) Manufacture or assembly of musical instruments; toys,
watches or clocks; medical, dental, optical, or similar
scientific instruments; orthopedic or medical
appliances; signs or billboards — [33].
26) Manufacturing, compounding, assembly or treatment of
articles or products from the following substances;
clothing or textiles, rubber, precious or semi -previous
stones or metal, wood, plastic, paper, leather, fiber,
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glass, hair, wax, sheet metal, feathers, fur, and cork —
[33].
27) Manufacture, storage or processing of the following
products or materials: glue, petroleum products or any
flammable liquid, asphalt or concrete products,
explosive materials of any type, structural steel and
foundry products, fertilizer, pharmaceutical products,
including cosmetics, toiletries and soaps, and stone
products, including brick, building stone and similar
masonry materials — [33].
[]
Parking groups (See section 4-2 of the Zoning
Ordinance).
Accessory Uses
The following uses shall be permitted as accessory uses:
1) Any use customarily incidental and subordinate to the
principal use it serves.
D) Lot and Bulk Standards
1) Maximum Height
Maximum height of building -related features shall not exceed fifty (50)
feet, except that structural appurtenances, such as towers, chimneys,
and mechanical equipment may be allowed to exceed this limit.
2) Land Area Coverage
a) Land area coverage by building -related features and vehicle -
related features shall not exceed the maximum limits established
in this section. Land area for open space -related features shall
not be less than the minimum limits established in this section.
b) Maximum lot coverage shall be eighty (80) percent. All building
and vehicle -related features shall be considered when calculating
total land area coverage, except fire lanes and railroad tracks.
The City Engineer shall review all building and paving expansions
for compliance with storm water control regulations and policies.
3) Lot Development Zones
Development on each lot is regulated by standards for each of four lot
development zones shown on Attachment B. The position of each lot
line related to adjacent lots, streets, public open space and existing
topography establishes the type of zone which has been designated for
each lot line. The degree to which building -related, vehicle -related, and
open space -related features may be developed in each zone is
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established in accordance with the section diagrams included as
Attachment C, parts 1 through 5. Abbreviations used on the diagrams
include:
BR: Building -related features
VR: Vehicle -related features
OS: Open space -related features
Basic Zone Descriptions:
"A" Zone: Area between street right-of-way line and "B" zone.
Principally contains open space and a limited amount of
vehicle -related features. No building -related features are
allowed in this zone. "A" zones associated with major and
minor streets are different.
"B" Zone: Major area inside the "A", "C", and "D" zones. Principally
contains building and vehicle -related features with a lesser
amount of open space.
"C" Zone: Area between the public open space (back or side) lot lines
and the "B" zone. Principally contains open space and a
limited amount of vehicle -related features.
"D" Zone: Area associated with a lot line separating two lots.
Principally contains open space and a limited amount of
vehicle -related features.
E) District Standards
Each use shall be planned, designed, constructed, operated and maintained
in such a manner as to comply with the district standards of the PI Planned
Industrial District and the following:
1) Required Open Space Development
a) Plant Materials. The open space area of each lot shall be planted
with permanent lawn and ground covers, shrubs and trees.
These plantings shall be designed to perform the functions and
purposes set forth in Guidelines for the Selection of Plant
Materials (Attachment D).
The installation of required planting materials may be phased in
direct proportion to the phasing of building construction. All
exposed soil areas remaining after the construction of the building
and vehicle -related features shall be planted with a permanent
ground cover to prevent erosion.
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The area between the paved public street and the right-of-way
line shall be planted and maintained by the lot owner.
b) Pedestrian Areas: Permanent hard -surfaced walkways shall be
installed and maintained for the purposes of pedestrian
movement between all parking areas and functioning entrances
and exits of the buildings.
2) Control of Vehicle -related Features
a) Parking spaces required: Each developed lot shall provide a
minimum number of off-street parking spaces for employees and
visitors. The number of spaces required shall be in accordance
with Section 4-2 of the Zoning Ordinance.
When computation of required off-street parking spaces results in
a fractional number, the required spaces shall be the next higher
whole number. All off-street parking spaces shall be located on
the same lot as the building for which such spaces are required or
on an adjacent lot in a location which is not farther than 300 (three
hundred) feet from the building served. Parking spaces provided
for overnight storage of company-owned commercial vehicles
shall be in addition to the minimum required number of spaces.
b) Loading spaces required. A minimum number of required off-
street loading spaces shall be provided on each developed lot as
established by applicable provisions of the City of Dubuque
Zoning Ordinance enforced at the time of development of the lot.
c) Phased construction of buildings, parking spaces and loading
spaces. The construction of off-street parking spaces and loading
spaces may be phased in proportion to the percentage of total
building floor area constructed at any one time. Ground area set
aside for future parking, loading spaces or driveways or for
parking provided in excess of the minimum required number of
parking or loading spaces shall not reduce the minimum required
area for open space.
d) Location of vehicle -related features on the lot. The ground
location of all vehicle -related features is controlled by the
provisions of Section D(3) Lot Development Zones.
e) Design. All vehicle -related features shall be surface with a hard,
all-weather, durable, dust -free surfacing material. Proper
drainage of storm water shall be provided. All parking and loading
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spaces shall be delineated on the surfacing material by painted
stripes or other permanent means. Widths and lengths of parking
and loading spaces shall be governed by applicable provisions of
City of Dubuque Ordinances enforced at the time of development
of the lot.
The number, size, design and location of parking spaces
designated for handicapped drivers shall be according to local,
state or federal requirements in effect at the time of development.
The location or driveway intersections with public streets shall be
established by the City of Dubuque.
Reverse movement maneuvering of deliver vehicles between the
lot and minor cul-de-sac streets is allowable. No on -street
maneuvering or delivery vehicles will be allowed on any type of
through street. Lots adjoining through streets shall provide all
necessary maneuvering space for delivery vehicles within the
confines of the lots.
f) Loading doors and docks. All loading (shipping and receiving of
raw and manufactured goods) doors and docks shall be designed
to provide for the direct movement of goods between the delivery
vehicle and the interior of the building. No visually exposed
platform docks shall be allowed, except within fully screened
storage areas. Exterior loading and unloading of vehicles is
allowed within screened exterior storage areas.
3) Utility Location
a) Service lines. All electrical, telephone, television cable and other
similar utility lines serving the building and other site features shall
be located underground.
b) Mechanical equipment. All electrical transformers, switching gear,
relay boxes, meters, air conditioning units, heat pumps, and other
similar mechanical equipment shall be located in positions which
are shielded from view from pubic streets in the Dubuque
Industrial Center. Constructed fencing or walls and plant
materials may be used to visually screen such mechanical
equipment.
4) Site Signage
a) Applicability of City of Dubuque Ordinances. The provisions of
the City of Dubuque Zoning Ordinance and Sign Ordinance apply
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to the construction and maintenance of signs, unless further
regulated by this section.
b) Off -premise signs. No off -premise signs shall be erected or
constructed in the Dubuque Industrial Center or on any of the
private lots or buildings within the Dubuque Industrial Center.
c) On -premise signs.
1) Allowable content. Signs, messages and graphics shall be
limited to the following contents:
Primary Sign
➢ Identification of company name
➢ Identification of company products or services
➢ Street address
➢ Graphic symbol or logo identified with the company
Secondary Sign
➢ Directional messages necessary for the safe and
efficient flow or vehicular and pedestrian traffic on the lot
➢ Identification of visitor entrances to the building, shipping
and receiving docks, and other deliver points
➢ Identification of assigned parking spaces and
handicapped accessibility
➢ Temporary announcements of pending or new
construction
➢ Commemorative messages
2). Maximum number of signs. The number of primary signs
shall not exceed five (5) for each premises or lot.
No maximum number of secondary signs is established.
3) Maximum area of sign panel. If a primary sign is building -
mounted its total area shall not exceed 15% of the area of
the building wall upon which it is mounted. If the primary
sign is freestanding, its maximum area shall not exceed the
following:
Lot area (acres)
Maximum primary sign area (square feet)
0 to 5
30 square feet
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5.01 to 10
50 square feet
10.01 to 20
70 square feet
20.01 +
90 square feet
The area of double-faced freestanding signs shall be
computed as the area of a single face only.
No maximum cumulative area is established for secondary
signs; however, no single permanent secondary signs hall
exceed six feet in area.
4) Allowable structural types. Primary and secondary signs
may be mounted on exterior walls of buildings or may be
freestanding. No signs shall be mounted on roofs or above
any eave or parapet of a building. All building -mounted
signs shall be flush mounted on the wall and no projections
beyond one (1) foot shall be allowed. The determination of
area of signs composed of separate elements shall be the
area of a rectangle that completely encloses all such
elements and/or corporate identification devices.
5) Sign locations on lots. Building -mounted primary signs may
be located on any facade of a building in the industrial park.
Freestanding primary signs may be located anywhere on the
building lot.
Secondary signs may be located anywhere on the lot and on
any building facade.
No signs may project in space over a street or right-of-way
line, any visibility triangle area, or onto another lot.
6) Height regulations. Primary signs and their supporting
structure(s) shall not extend upward to an elevation higher
than the roof line of the building which is served by the sign.
7) Lighting. Primary signs may be illuminated only by means of
indirect lighting whereby all light sources and devices are
shielded from view by opaque or translucent materials.
Secondary signs shall not be illuminated.
8) Motion. No signs may include any device or means,
mechanical, electrical or natural, which shall cause any
motion of the sign panel or any part thereof. No flashing
lights or changing colors shall be allowed.
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5) Storm Water Management
a) Existing Watersheds. The area of watersheds after development
shall remain the same as pre -development watersheds, or as
directed by the Public Works Department of the City of Dubuque.
b) Storm Water Conveyance. The developer of each lot shall be
responsible for providing surface or subsurface conveyance(s) of
storm water from the lot to existing storm sewers or to flow line of
open drainageways outside the lot in a means that is satisfactory
to the Public Works Department of the City of Dubuque.
6) Site Lighting
a) Types. Exterior illumination of the site shall be limited to the
illumination of:
1) Parking areas, driveways, and loading docks.
2) Pedestrian walkway surfaces and entrances to building.
3) Screened storage areas.
4) Building exterior.
b) Location and design. All exterior lighting shall be designed,
installed and maintained so as not to cause direct glare or to
shine into adjacent lots and streets. No light source shall provide
illumination onto adjacent lots, buildings, or streets in excess of
1.0 foot candle. All exterior lighting luminaires shall be designed
and installed to shield light from the luminaire at angles above 72
degrees from vertical.
Fixtures mounted on a building shall not be positioned higher than
the roof line of the building. Post -mounted freestanding fixtures
shall not be higher than thirty (30) feet above the ground.
7) Operations within enclosed buildings
All operations and activities shall be conducted or maintained within
completely enclosed buildings except:
a) Off-street parking and loading spaces.
b) Employee recreational facilities.
c) Outdoor or exterior storage.
8) Exterior Storage and Trash Collection Areas
a) Allowable types of storage. Exterior storage is permitted only for
raw and processed goods, equipment and other materials related
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to the principal activity of the lot. The storage of trash and debris
shall be limited to that produced by the principal permitted use of
the lot. No outdoor storage of materials or trash which could be
blown into the air or strewn about by the wind shall be permitted.
b) Location and area coverage of exterior storage and trash
collection. The location of exterior storage and trash collection
areas is controlled by provisions of Section 4.3 Lot Development
Zones. The ground area coverage of exterior storage and trash
collection areas shall be the area contained inside the required
screening and this area shall be considered to be a building -
related feature for purposes of calculating total land area
coverages.
c) Screening of exterior storage and trash collection areas. All
exterior storage and trash collection areas and the materials
contained therein shall be visually screened from view. The
screening shall be a completely opaque fence, wall or other
feature not exceeding a height of ten (10) feet measured from the
ground level outside the line of the screen. Screen structures
built on sloping grades shall be stepped, so that their top line shall
be horizontal. Exposed materials used to construct the opaque
screen shall be similar in appearance to materials used for
exterior building walls. Colors of the screen shall match those of
the building. All exterior entrances to a screened storage or trash
area shall be provided with a gate or door of similar design to that
of the screen. Gates or doors facing a street frontage or the
Northwest Arterial shall be closed at all times other than when a
vehicle or personnel are using the entrance for access to and
from the screened area.
If a ten (10) foot high screen fails to shield the exterior storage or
trash collection area from view from points inside or outside of the
property, evergreen plantings may be required. Evergreen plant
materials shall be selected and designed so that they will
eventually screen the area from all off-site visibility. In such
cases, if initial plantings are of six (6) foot height or greater, the
requirements of other opaque screening shall be omitted.
F) Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in
the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of
the district.
G) Modifications
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Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
H) Recording
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within ten (10
days after the adoption of this ordinance. This ordinance shall be binding
upon the undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. Section 2 of Ordinance No. 49-80, Ordinance No. 39-82, Section 2 of
Ordinance No. 6-89 and Ordinance No. 88-90 are hereby repealed.
Section 5. This Ordinance shall take effect upon publication as provided by law.
Passed, approved and adopted this 15th day of May, 2006.
/s/Roy D. Buol, Mayor:
Attest:
Karen M. Chesterman
Deputy City Clerk
ACCEPTANCE OF ORDINANCE NO. 34-06
I, William H. Callahan, representing Dubuque Initiatives, property owner, having read
the terms and conditions of the foregoing Ordinance No. 34-06 and being familiar with
the conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated 17th day of May, 2006.
/s/William H. Callahan
Dubuque Initiatives
Published officially in the Telegraph Herald Newspaper the 26th day of June, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 6/26
By: