16-5-22-3: ACCESSORY USES:

The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title:

   All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building.

   As an accessory use to a medical institution, and located entirely within a principal building, a facility for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental care supplies, eyewear, bandages or dressings, and similar medical or health related supplies.

   As an accessory use to an educational institution and located entirely within a principal building, bookstore, or bar seating not more than seventy five (75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office residential district.

   Licensed adult day services.

   Licensed childcare center.

   Off street parking and loading.

   Restaurant or cafeteria; flower shop; gift shop; and candy, cigar, or magazine stand; but only when operated and located entirely within a principal building.

   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-22-4: DISTRICT ESTABLISHMENT, EXPANSION AND MODIFICATION:

   A.   Application And Conceptual Development Plan Submission: Application for district establishment, expansion, or modification of new or existing structures within an established ID district shall be filed, along with the appropriate filing fee with the planning services department. The application shall be accompanied by a conceptual development plan including:

      1.   Written Information:

         a.   Legal description and address of property;

         b.   Name, address and phone number(s) of the property owner(s);

         c.   Proposed construction and landscaping schedule indicating the timing and sequence of each development activity;

         d.   Existing and proposed uses for all buildings or structures;

         e.   Total area of property and all structures, existing and proposed; and

         f.   Present and proposed type and number of parking spaces on the property.

      2.   Graphic Materials:

         a.   Complete property dimensions;

         b.   The location, grade, and dimensions of all present and/or proposed streets or other paved surfaces and engineering cross sections of proposed new curbs and pavement;

         c.   Proposed parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment, including landscaping, etc.;

         d.   Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of building(s), etc.;

         e.   Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet (5'), or two feet (2') if the city planner determines that greater contour detail is necessary to satisfactorily make the determinations required by this title;

         f.   The general nature, location, and size of all significant existing natural land features, including, but not limited to, sidewalks or paths, tree or bush masses, all individual trees over six inches (6") in diameter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water; and

         g.   A location map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas, including, where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area, location of nearby public facilities, etc.

   B.   Commission Hearing: A public hearing shall be held by the zoning advisory commission on the application and conceptual development plan in the same manner and with the same public notice procedure as required for zoning classifications.

   C.   Commission Recommendation: The zoning advisory commission's recommendation shall be transmitted to the city council with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establishment or expansion of the ID district or its uses. The conditions or restrictions shall include, but not be limited to:

      1.   Time limitations, if any, for submission of final development plans and commencement of construction.

      2.   Uses permitted in this district.

      3.   Lot and bulk and performance standards for the development and operation of the permitted uses.

      4.   Requirement that any transfer of ownership or lease of property in the district 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.

   D.   Conceptual Development Plan Approval: The zoning advisory commission shall not approve the conceptual development plan unless and until the commission determines that such plan conforms to each of the following standards:

      1.   The conceptual development plan is in substantial conformance with adopted comprehensive plans to guide the future growth and development of Dubuque.

      2.   Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare.

      3.   The proposed additions or expansions are designed so as to be functionally integrated with the existing institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic.

      4.   The proposed additions or expansions of use are permitted in the district and are of a location, size, and nature such that they are not likely to interfere with the appropriate use and enjoyment of property in abutting districts.

      5.   The conceptual development plan will not violate any provision or requirement of this title.

      6.   Approval of the conceptual development plan shall be valid for a period of three (3) years, provided that after the first year, if no final site development plan has been filed, the commission or council may require the resubmission of a conceptual development plan in conformity with the procedures and standards of this section 16-5-22.

      7.   A new or amended conceptual development plan may be filed at any time following council approval.

   E.   Council Action: Upon receiving the recommendation of the commission, the city council shall act in the manner provided by law to approve or disapprove the requested zoning reclassification of the property. The affirmative vote of at least three-fourths (3/4) of all the membership of the council shall be necessary to approve the conceptual development plan when the commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the commission in approving the conceptual development plan.

   F.   Submission Of Final Site Development Plan: After passage of the ordinance authorizing the establishment of an ID institutional district by the city council, the applicant shall submit final site development plans to the city planner within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate consideration of the plans. The city planner will judge the final site development plan for its conformance with the approved conceptual development plan, and if found to be in conformance with said plan, the issuance of building permits shall be permitted. Following approval of the final site development plan, no construction may take place except in substantial conformance with such plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements establishing the district. The plans shall satisfy the subdivision regulations and other pertinent city ordinances where applicable.

   G.   Development According To Final Site Development Plan:

      1.   Site Development Plan Review: No building permit shall be issued on any site unless a site development plan has been submitted and approved in accordance with the provisions of chapter 12 of this title and such plan conforms with the conditions of the adopted conceptual development plan.

      2.   Construction Of Improvements Or Posting Of Bond: No buildings may be erected and no uses may occupy any portion of the district until the required related off site improvements are constructed or appropriate security as determined by the zoning commission is provided to ensure construction. If the institutional district is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase even though same may be located outside of the section, must be constructed and installed, or appropriate security as determined by the zoning commission must be provided to ensure their construction.

   H.   Changes From Plan: After recording of a final site development plan, changes not inconsistent with the purpose or intent of this section 16-5-22 may be approved by the zoning advisory commission. Changes affecting the purpose or intent of this section 16-5-22 shall require a new petition to be filed. (Ord. 52-09, 10-19-2009)

16-5-22-5: COMMENCEMENT OF USE BY PARTIES UNASSOCIATED WITH PRINCIPAL INSTITUTION PROHIBITED:

   A.   Within an existing ID institutional district, no principal use other than those provided for in this district may be commenced by any person(s) except:

      1.   The principal institution or its agent; or

      2.   A person under contractual or other legally binding obligation to provide services to such institution (e.g., the independent operator of a student cafeteria); or

      3.   The person or persons operating a doctors' clinic or other facility permitted under the principal permitted uses of this section 16-5-22.

   B.   The purpose of this provision is to prohibit the commencement of principal uses unrelated to the promotion of the primary educational, charitable, religious, or medical purpose of the institution, by requiring purchasers of institutional land and/or buildings to seek appropriate reclassification of the property prior to commencement of any noninstitutional use on the premises. (Ord. 52-09, 10-19-2009)

16-5-22-6: DISTRICT STANDARDS:

The specific ordinance establishing a particular institutional district, or resolutions adopted pursuant thereto, shall provide standards for the design, development, operation and maintenance of uses and structures. These standards may include, but are not limited to:

   A.   Control of operations outside of enclosed buildings.

   B.   Control of lighting and utilities.

   C.   Provision of landscaping and protection of natural areas.

   D.   Control of refuse collection areas.

   E.   Off street parking and loading requirements. When parking requirements are not included in the adopting ordinance establishing the specific ID district, then chapter 14 of this title shall apply.

   F.   Control of signage. When signage requirements are not included in the adopting ordinance establishing the specific ID district, then chapter 15 of this title shall apply. (Ord. 52-09, 10-19-2009)

16-5-22-7: BULK REGULATIONS:

 

ID Institutional	Minimum Lot Area	Minimum Lot Frontage	Maximum Lot Coverage (Lot Area)	Setbacks				Maximum Height2
				Front		Minimum Side1	Minimum Rear1
				Minimum	Maximum
All uses	-	-	-	20 ft.	-	10 ft.	10 ft.	120 ft.

 

Notes:

   1.    When abutting a residential or office residential district, the setback shall be increased by an additional 2 feet per story above the first.

   2.    Height shall be measured from the lowest at grade elevation along any wall.

(Ord. 52-09, 10-19-2009)

16-5-23: POS PUBLIC OPEN SPACE:

The POS district is intended to provide open space for passive recreation, to protect and conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent development in environmentally sensitive locations such as bluffs, wetlands, floodplains and drainageways; to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. (Ord. 52-09, 10-19-2009)

16-5-23-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the POS district:

Golf course.

Parks, public or private, and similar natural recreation areas.

Railroad and public or quasi-public utility, including substation, but not including offices or storage. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013)