Zoning Text Amendment acces bldPlarming Services Department
City
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
August 21, 2002
RE: Text Amendment
Applicant: City of Dubuque
Description: Amend Zoning Ordinance to permit second level
structures.
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
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
Assistant Planner Guy Hemenway reviewed the request, noting that the proposed
change will allow a greater degree of flexibility to help homeowners design accessory
structures in scale and character with historic homes and large lots. Accessory
structures that exceed height and square footage requirements would still have to be
reviewed and approved by the Zoning Board of Adjustment.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed
change allows for more flexibility while providing adjacent property owners with
notification through the special exception process.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
~ervtce People hateomSty Responsibglty ttmovation Tea~rtwork
PLANNTNG APPL/CAT~ON FORM
Qty of Dubuque
Planning Services DepartTnent
Dubuque, ZA 52001-4864
Phone: 563-589-4210
Fax: 563-589-422!
~ variance
[] Condrdonal Use Permit
D Appeal
[] Special Exception
~ Limited Setback Waive~
D Re~oning
[] Planned District
~ Preliminary Plat
[] Ninor Rnal Plat
~ext Amendment
[] Simple S'~e Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Rna[ Plat
[] Simple Subdivision
[3 Annexation
D Temporary Use Permit
[] Certificate of Economic Non-Viability
~ Certificate of Appropriateness
[] Other:
p_l~ true or urint leoiblv in ink
Property owner(s):
Fax Number:
Applicant/Agent: atv of Dub,_~_,~
Address: 50 W. 13~ St.
Fax Number:
. City: State:
Mobile/Cellular Number:
Phone:.
~p:
Phone: , 589-4210
City: ~ State: [A Zip:__.~
Mobile/Cellular Number:
Site IocaMon/address: aw-wide residential districts.
Existing zoning: N/A Proposed zoning: N/A Historic District: N/A
Legal Description (Sidwdl parcel ID~ or lot number/block number/subdivision):
Total property (lot) ama (square feet or acres):_
Describe proposal and reason necessa~/(attach a letter of explanation, if needed): ~
remove sinc;c l~/el limitation for ~-~-v st~'h ~es in residential zonine districts.
CERTiFiCATiON: I/we, the undersigned, do hereby certify bhat:
1. The information submitted heroin is true and correct to t~e best of my/our knowledge and upon
submittal becomes public record;
Fees am not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
FOR OFF~CE USE ONLY - APPI..[CAT/ON SUBMZTTAL CHECKI.~ST
Fee: None Received ~f: ~ Date: ,~'/?/~.~ Docket:
D Site/sketch plan D Conceptual~'Development Plan DPhoto D Plat
D Improvement plans [] Design review project description D Floor plan [3 Other:
MEMORANDUM
August 6, 2002
To: Zoning Advisory Commission
From: Guy Hemenway, Assistant Planner
Subject: Proposed Text Amendment to Remove Single-Level Limitation for
Accessory Structures in Residential Zoning Districts
Introduction
The current Zoning Ordinance establishes standards that limit the square footage,
height and setbacks of accessory structures in residential districts. The height of
accessory structures in residential districts is limited 15 feet. Section 4-1.1 (C) of the
Zoning Ordinance also states that no accessory building or structure shall exceed
one floor level. Property owners who wish to build an accessory structure, such as a
garage or storage building, in excess of 15 feet must apply for a special exception
through the Zoning Board of Adjustment. The Zoning Board reviews the request in light
of the structure's size, it's location on the lot and it's proximity to adjacent residences
and the public right-of-way.
Discussion
Over the last several years, City staff has been approached by property owners with
large lots, or with large homes in historic districts, that wish to build accessory structures
in excess of 15 feet with a second floor level. Many of the designs submitted are
carriage house style garages that often have peaked roofs and dormers. Currently,
there is no way to accommodate these designs because of the single-level limitation.
Although the Zoning Board of Adjustment can waive the 15-foot height limitation
because it is a bulk standard, they cannot waive the limitation that restricts accessory
structures to a single floor level.
In order to allow construction of accessory structures that are sensitive to the
architectural style, character, mass and scale of the existing residence, surrounding
structures and the neighborhood, staff recommends that the single-floor level restriction
for accessory structures in residential districts be eliminated. Property owners that wish
to build accessory structures that exceed 15 feet in height, and one floor level, would
Proposed Text Amendment
8/6/02
Page 2
still be required to apply for a special exception through the Zoning Board of
Adjustment. The Special Exception process requires notification of all adjacent property
owners and each request must meet a strict set of criteria. Also, although the structure
may have a second floor level, it is still governed by current ordinance regulations that
prohibit residential use and illegal commercial activity in accessory structures. These
activities can occur in any accessory structure regardless of the number of floor levels.
Recommendation
In order to allow greater flexibility in design, to enable property owners to build
structures that are in character with large residences, and to encourage appropriate
development in historic districts staff recommends that the one floor level restriction be
removed from Section 4-1.1 (C) of the zoning ordinance.
Preparer: Laura Carstens, PlanninR Services ManaRer Address: 50W. 13th Street Telephone: 563-589-4210
ORDINANCE NO. 70-02
AN ORDINANCE AMENDING SECTION 4-1.1(C) OF THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY REMOVING THE PROVISION
THAT STATES NO ACCESSORY BUILDING SHALL EXCEED ONE (1) FLOOR
LEVEL.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-1.1(c) of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by removing the provision that states no accessory
building shall exceed one (1) floor level.
(c)Accessory Building and Structure and Height Limitations. No accessory
building or structure permitted by this Ordinance shall exceed one (1) floor
level and a height of 15 feet measured from ground level, except that for
wind generators, no rotating or moving portion of the structure shall be
closer than 8 feet to ground level unless a 4-foot fence is provided around
said structure regardless of whether or not a perimeter property fence is
existing. (See diagram.)
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 3rd day of September ,2002.
_______________________
Terrance M. Duggan, Mayor
Attest:
___________________________
Jeanne F. Schneider, City Clerk