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At the time of approval of an application for an R-1 single- family residential subdivision the underlying AG agriculture zoning classification on the subdivision shall automatically cease, and the regulations of the R-1 single-family residential district shall apply. The city planner shall remove the existing underlying AG agriculture zoning district from the official zoning map at the next regular updating thereof, and establish R-1 single-family residential district, as set forth in section 16-5-2 of this title, as the new zoning district for the property. (Ord. 52-09, 10-19-2009)
Any person may request a reclassification of property within this overlay district to the original underlying zoning district or any other zoning district listed in section 16-5-1-4 of this title. The procedure for such a reclassification shall be that established by section 16-9-5 of this title. The overlay district shall be replaced by the new zoning district. (Ord. 52-09, 10-19-2009)
It is recognized that in addition to height restrictions in other sections of this title, certain areas shall need to be further restricted in terms of height of structures or natural objects. Such restrictions are necessary for emergency communication transmission and reception and other legitimate public safety concerns. (Ord. 52-09, 10-19-2009)
A. Areas designated as restricted height overlay district (RHOD) shall be identified on the official zoning map.
B. The overlay zoning district designation supplements, but does not replace the underlying zoning district except as otherwise provided herein.
C. Such designation shall not affect usage of the property within the parameters of its zoning classification except that no structure shall be allowed to exceed the height above sea level specified in section 16-6-2-2 of this chapter. (Ord. 52-09, 10-19-2009)
The following areas shall be designated as RHO districts, within which the following height limits shall be observed:
A. A strip of land one hundred feet (100') wide from the communication tower at Sunnycrest care facility to the communication tower at the Peosta water tower, insofar as said strip of land exists within the corporate limits of the city. The maximum height allowed in this corridor shall be one thousand feet (1,000') above mean sea level as determined by a qualified engineer licensed under the laws of the state of Iowa.
B. A strip of land one hundred feet (100') wide extending a point which is six hundred seventy feet (670') above mean sea level at the Dubuque Law Enforcement Center to a point which is nine hundred thirty feet (930') above mean sea level at Sunnycrest Manor in which no structure may be built to a height exceeding the relative height of a line drawn between these two (2) elevations. The maximum height allowed in this corridor shall be determined by a qualified engineer licensed under the laws of the state of Iowa. (Ord. 52-09, 10-19-2009)
The SOD signage overlay district has been established along the three (3) mile long Freeway 61/151 corridor to:
A. Acknowledge the importance of the freeway corridor as a unique gateway to and through the city;
B. Identify the lands lying along and adjacent to the freeway and extending to the Mississippi River as requiring special attention in terms of visual aesthetics;
C. Protect and enhance the vistas both from and to the city and the Mississippi River valley along the freeway;
D. Eliminate the potential visual clutter viewable from the freeway while allowing the opportunity for signage, where possible, which is appropriate in terms of size, height and spacing; and
E. Create clearly understandable and enforceable regulations for a specially defined district in the city. (Ord. 52-09, 10-19-2009)
The SOD shall encompass the land as indicated on the official SOD map of the city, adopted separately and incorporated herein by reference, which district is generally described as all land within six hundred sixty feet (660') of the westerly or northerly edge of the Freeway 61/151 right of way, from Grandview Avenue north to and including Schmitt Island, and extending east to the city's corporate limits, and including the area lying east of the upper bluff line between Southern Avenue and 1st Street, excluding the area within the port of Dubuque. The SOD is further divided into subareas, as follows:
A. Area A: All land east of Locust Street from Grandview Avenue north to Camp Street north of the U.S. Highway 61/151 right of way and the extension of Railroad Avenue east of U.S. 61/151 right of way east to the city's corporate limits;
B. Area B: All land west of Locust Street from the intersection of Locust Street and Southern Avenue north to Dodge Street and extending west to the upper bluff line;
C. Area C: All land east of the shoreline of Peosta Channel, including Schmitt Island;
D. Area D: All remaining land within the SOD;
E. Area X: All land east of Locust Street from Camp Street north to Dodge Street and the Julien Dubuque Bridge, and extending east to the railroad right of way;
F. Area Y: All land west of Locust Street from Dodge Street north to 1st Street and east of Locust Street from Dodge Street north to 3rd Street extending west to Freeway 61/151; and
G. Area Z: All land east of Freeway 61/151 from the 3rd Street Overpass, including its extension east to the corporate limits, north to Peosta Channel, and extending easterly and northerly to the city's corporate limits, including all lands within the shoreline of the Dove Harbor Peninsula, except for that land within six hundred sixty feet (660') of the easterly edge of the Freeway 61/151 right of way from the 3rd Street Overpass north to the extension of 8th Street. (Ord. 52-09, 10-19-2009)
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