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Dubuque Overview
Dubuque, IA Code of Ordinances
CITY CODE of DUBUQUE, IOWA
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 REVENUE AND TAXATION
TITLE 4 BUSINESS AND LICENSE REGULATIONS
TITLE 5 TRANSIT SYSTEM
TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT
TITLE 7 POLICE, FIRE AND PUBLIC SAFETY
TITLE 8 EQUITY AND HUMAN RIGHTS
TITLE 9 MOTOR VEHICLES AND TRAFFIC
TITLE 10 PUBLIC WAYS AND PROPERTY
TITLE 11 RIGHTS-OF-WAY
TITLE 12 AIRPORT
TITLE 13 PUBLIC UTILITIES
TITLE 14 BUILDING AND DEVELOPMENT
TITLE 15 PLANNING AND ZONING
TITLE 16 UNIFIED DEVELOPMENT CODE
CHAPTER 1 TITLE, PURPOSE AND GENERAL PROVISIONS
CHAPTER 2 DEFINITIONS
CHAPTER 3 LAND USE GENERAL PROVISIONS
CHAPTER 4 NONCONFORMITIES
CHAPTER 5 ZONING DISTRICTS
CHAPTER 6 OVERLAY DISTRICTS
CHAPTER 7 SUPPLEMENTAL USE REGULATIONS
CHAPTER 8 ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES
CHAPTER 9 ZONING ADVISORY COMMISSION APPLICATIONS AND PROCEDURES
CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES
CHAPTER 11 LAND SUBDIVISION
CHAPTER 12 SITE PLANS
CHAPTER 13 SITE DESIGN STANDARDS
CHAPTER 14 PARKING
CHAPTER 15 SIGNS
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16-11-9-2: RESPONSIBILITY FOR SITE PREPARATION:
   A.   The subdivider or developer shall grade and seed the recreational open space.
   B.   Where the recreational open space is located adjacent to a street, the subdivider or developer shall be responsible for the installation of utilities and other improvements required along that street segment. The developer shall also provide utility service laterals for water and sewer.
   C.   The subdivider or developer shall be responsible for installing satisfactory ground cover and controlling erosion on recreational open space that has been disrupted as a result of development activities. (Ord. 52-09, 10-19-2009)
16-11-9-3: OWNERSHIP AND MANAGEMENT:
The recreational open space may be owned and managed by one or a combination of the following:
   A.   A property owners' association.
   B.   A nonprofit conservation organization.
   C.   Public dedication. (Ord. 52-09, 10-19-2009)
16-11-10: SUSTAINABLE SUBDIVISION DEVELOPMENT TOOLS:
   A.   After the effective date hereof, the sustainable subdivision development tools apply to all new major subdivisions.
   B.   After a preapplication conference, the subdivider shall submit a preliminary plat and other written or graphic materials necessary to demonstrate what sustainable subdivision tools will be incorporated into the proposed subdivision.
   C.   New subdivisions shall achieve a minimum score of forty (40) points by utilizing the following list of sustainable subdivision development tools:
Conservation subdivision. Development is clustered to optimize open space, preserve natural features, protect environmentally sensitive areas, and minimize infrastructure demands.
40
Cottage design subdivision. Development reflects traditional neighborhood design, with smaller lots, reduced setbacks, narrower rights of way, smaller building footprints, alleys and/or clustering.
30
Solar subdivision. Development includes 70 percent "solar lots" that have a minimum north-south dimension of 75 feet and a front line orientation that is within 30 degrees of the true east-west axis.
30
Complete street design throughout the subdivision.
15
Permeable street pavement throughout the subdivision.
15
The development incorporates walking/bike trails. These trails should be connected to the development and trails outside the development to the greatest extent possible.
15
Green building code compliance for 100 percent of dwelling units throughout the subdivision.
10
Rain gardens required by covenant for at least 80 percent of lots throughout the subdivision.
10
Green building code compliance for 50 percent of dwelling units throughout the subdivision.
5
Native and regionally appropriate trees and vegetation are preserved or planted which limits turf grass, limits water demand, improves infiltration or filtration, and enhances the natural environment. Such vegetation is phased so denuded areas are quickly vegetated. Turf grass should not exceed 30 percent of the landscaped area.
5
No curb and gutter on city streets with appropriate bioswales and sidewalks. The development incorporates detention basins for property on site stormwater management. Retention basins can be used as an open water amenity feature for on site stormwater management.
5
Parkway/street trees are planted at approximately 35 foot intervals to reduce wind speeds, help stabilize the soil, and improve air quality.
5
Specify the planting of trees on private property to increase site shading and reduce energy needs for houses. Place trees that lose their leaves in the fall on the south and west sides of the house to provide shade to lower cooling costs. Evergreen trees planted on the north and west sides protect against winter winds, which can help reduce heating costs.
5
The development implements innovative infiltration or filtration techniques such as rain gardens, bioswales, French drains, etc.
5
Use of any pavement that reduces the heat island effect throughout the subdivision, such as light colored concrete.
5
Other best management practices, as per city planner or city engineer.
5
 
(Ord. 52-09, 10-19-2009)
16-11-11: CONSERVATION SUBDIVISION:
A development that is characterized by compact lots and common open space, and where the natural features of the land are maintained to the greatest extent possible. (Ord. 52-09, 10-19-2009)
16-11-11-1: CONSERVATION SUBDIVISION DESIGN CRITERIA:
   A.   Land Suitability: Land may be developed unless it is unsuitable for any proposed use if identified as being environmentally sensitive. Areas identified as being environmentally sensitive include, but are not limited to:
      1.   All areas mapped as floodplain by FEMA or IDNR, including a seventy five foot (75') buffer.
      2.   All areas identified as wetlands by the IDNR, including a seventy five foot (75') buffer.
      3.   Areas identified as wetlands by the IDNR that are known to provide habitat for rare, threatened or endangered species.
      4.   Historic buildings and sites, archaeological sites and burial sites.
   B.   Residential Lot Requirements:
      1.   The lot configuration shall comply with the standards established by the existing zoning district, unless a subdivision qualifies for a development bonus.
      2.   Lots shall be configured to minimize the amount of impermeable surfaces.
      3.   Most lots shall take access from interior local streets.
      4.   Lots shall be configured to minimize the amount of road length required for the subdivision.
      5.   Development shall be configured to minimize loss of woodlands.
      6.   All lots within a neighborhood shall abut open space on at least one side. A local street may separate lots from the open space.
      7.   Stormwater management best management practices (BMPs) shall be followed in conformance with the sustainable subdivision development tools in section 16-11-10 of this chapter.
   C.   Residential Cluster Siting Standards:
      1.   Residential lots and dwellings shall be grouped into clusters. Each cluster shall contain no less than five (5) units.
      2.   Residential clusters shall be located to minimize negative impacts on the natural, scenic and cultural resources of the site and conflicts between incompatible uses.
      3.   Residential clusters shall avoid encroaching on environmentally sensitive areas identified by the IDNR.
      4.   Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.
      5.   Residential clusters should be sited to achieve the following goals, to the extent practicable:
         a.   Minimize impacts to prime farmland soils and large tracts of land in agricultural use, and avoid interference with normal agricultural practices.
         b.   Minimize disturbance to woodlands, wetlands, grasslands and mature trees.
         c.   Minimize downstream impacts due to runoff through adequate on site stormwater management practices.
         d.   Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.
   D.   Common Open Space Design:
      1.   Designated; Minimum Required: Open space may be designated as part of the development. The minimum required open space to qualify for a development bonus is forty percent (40%) of the subdivision.
      2.   Open Space Conservation Ranking (In Order Of Significance): The areas to be preserved shall be identified on a case by case basis in an effort to conserve and provide the best opportunities to restore and enlarge the best quality natural features of each particular site.
         a.   First priority will be given to intact natural communities, rare and endangered species, environmental corridors, natural and restored prairies, significant historic and archaeological properties, and steep slopes.
         b.   Second priority will be given to areas providing some plant and wildlife habitat and open space values.
         c.   Third priority will be given to areas providing little habitat but providing viewshed, recreation, or a sense of open space.
      3.   Allowable Areas Or Structures: The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required:
         a.   Parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space.
         b.   Privately held buildings or structures provided they are accessory to the use of the open space.
      4.   Rights Of Way: Road rights of way shall not be counted towards the required minimum open space.
      5.   Bodies Of Water: No more than fifty percent (50%) of the required open space may consist of water bodies, ponds, floodplain or wetlands.
      6.   Plant And Animal Habitat: That portion of open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas.
      7.   Pathways: A pathway system connecting open space areas accessible to neighborhood residents, and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the plan.
      8.   Ownership; Management: The designated common open space and common facilities may be owned and managed by one or a combination of the following:
         a.   A property owners' association.
         b.   A nonprofit conservation organization.
         c.   Public dedication.
         d.   An individual who will use the land for open space purposes as provided by a conservation easement.
      9.   Public Dedication Of Open Space: The city may accept the dedication of fee title or dedication of a conservation easement to the common open space. The city may accept the common open space provided:
         a.   The common open space is accessible to the residents of the city.
         b.   The city agrees to and has access to maintain the common open space.
      10.   Individual Ownership: An individual may hold fee title to the land while a nonprofit or other qualified organization holds a conservation easement use for the common open space. (Ord. 52-09, 10-19-2009)
16-11-11-2: CONSERVATION SUBDIVISION DEVELOPMENT BONUS:
In consideration for setting aside areas determined as environmentally sensitive, public park land, and common open space, a conservation subdivision shall qualify for a development bonus.
   A.   Development Yield Analysis: The subdivider shall submit a table showing the maximum number of dwelling units that would be permitted by the underlying zoning designation, consistent with the minimum lot size, lot widths, setbacks and other provisions of this title and compare it to the number of dwelling units proposed. Land that is undeveloped because of other laws and ordinances that prohibit development in certain areas (e.g., floodplains, wetlands, steep slopes, and drainageways) shall be excluded from the development yield analysis.
   B.   Development Bonus: The development bonus shall equal the overall development density as determined by the development yield analysis, plus twenty percent (20%).
   C.   Smaller Lot Development: To accommodate a qualified development bonus, the subdivider may submit a plat for smaller lot development. Despite the lot size, yard, and bulk regulations of this title, and any other applicable requirements of the city, the zoning advisory commission and city council may approve a development bonus for conservation subdivisions with lot area and dimensions less than required by this title, and those lots shall be buildable, provided that:
      1.   The purpose of creating the conservation subdivision with smaller than normal lots is to encourage and promote flexibility, economy, and environmental soundness in layout and design of residential developments only.
      2.   It is the intent of this section to allow lots that are smaller than normally allowed by this title where all or most of the lots in the conservation subdivision are of a similar size. It is not the intent of this section to allow the creation of small remnant lots in subdivisions where most lots meet the requirements stated herein.
      3.   No lot may be created that is so narrow, has such little area, or that is so irregularly shaped that it would be impractical, as determined by the zoning advisory commission at the time of the subdivision review, to construct a principal structure on it that:
         a.   Could be used for purposes that are permissible in that zoning district; and
         b.   Would satisfy all applicable lot coverage and setback requirements for the zoning district in which the development is located. (Ord. 52-09, 10-19-2009)
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