ORDINANCE NO. 7-24

AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 82-04 WHICH PROVIDES REGULATIONS FOR THE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY THE LIST OF PERMITTED USES TO INCLUDE PET DAYCARE OR GROOMING

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:

Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 82-04 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation, and now being amended to modify the list of permitted uses to include pet daycare or grooming.

As shown in Exhibit 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 (1993) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification:

A.   Use Regulations

The following regulations shall apply to all land uses in the above-described PUD District.

1.   Principal permitted uses of the lots designated for commercial development shall be limited to:

Residential Uses above the first floor only

General offices

Medical/office/clinic

Indoor restaurant

Drive-in/carry-out restaurant

Dental medical lab

Schools of private instruction

Barber/beauty shops

Retail sales/services

Laundry/dry cleaner

Shoe repair

Tailoring/alterations

Catalog center

Laundromat

Artist studio

Photographic studio

Neighborhood shopping center

Furniture/home furnishings

Appliance sales and service

Office supply

Vending/game machines sales and service

Mail order houses

Auto parts/supply

Vehicle rental

Upholstery shop

Contractor shop/yard

Wholesale sales/distributor

Miniwarehousing

Refrigeration equipment and supply, sales, and service

Landscaping services

Animal hospital/clinic

Personal services

Automated gas station

Gas station

Service station

Bakery (wholesale/commercial)

Drive -up automated bank teller

Self-service car wash

Full-service car wash

Furniture upholstery repair

Business services

Banks, savings, and loans, and credit unions

Indoor recreation facilities

Printing and publishing

Laboratories for research or engineering

Pet daycare or grooming

Group daycare center provided that:

a. Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy- five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time;

b.    That parking requirements can be met;

c.    Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards;

d.   All licenses have been issued or have been applied for awaiting the outcome of the Boards' decision;

e.   Signage for a single-family home shall be limited to one non -illuminated, wall-mounted sign, not to exceed four (4) square feet in area; and

f.   No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or facility selling, servicing, repairing or renting vehicles.

2. Accessory uses shall include any use customarily incidental and subordinate to the principle use it serves.

Parking group – see Section 4- 2 of the Zoning Ordinance.

B.   Lot and Bulk Regulations

Development of land in the PUD District shall be regulated as follows:

All buildings and structures located on lots designated for commercial development shall meet bulk regulations set forth in the Zoning Ordinance for C-2 Neighborhood-Shopping Center; Section- 3-3. 2(F)

C.   Performance Standards

The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards:

1.   Indoor restaurants and drive-in/carry-out restaurants are restricted to the north 1.3 acres of the Planned Commercial District.

2.   Public streets within the Planned Unit Development District shall be designed and built to City Engineering specifications.

3.   Erosion control shall be provided during all phases of construction.

4.   Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance.

5.   Storm water detention facilities will be provided as per City Engineering requirements.

6.   Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. Light fixtures shall be of a cut-off design and be mounted at a 72-degree angle to a vertical light standard.

7.   Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction of any buildings.

Screening shall be placed along the boundary of the residential district as per City standards.

8.   Outdoor storage must be screened to a height that obscures the stored material from adjacent residential property, but in no case shall screening be less than six (6) feet in height.

D.   Open Spaces and Landscaping

Open space and landscaping in the PUD District shall be regulated as follows:

Those areas not designated on the conceptual plan for development shall be maintained as open space as defined by Section 8 of the Zoning Ordinance by the property owners and/ or association.

E.   Sign Regulations

Signs in the PUD District shall be regulated as follows:

Signage shall be regulated by the C-2 Neighborhood Shopping Center District sign regulations of Section 4-3.11 of the Zoning Ordinance.

F.      Ordinance History

1)   Ordinance No. 86-02 established regulations for the Planned Unit Development.

2)   Ordinance No. 82-04 amended the Planned Unit Development regulations to add, with conditions, drive-in/carry-out restaurants to the list of permitted uses.

G.   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.

H.   Modifications

Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code.

I.   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 thirty (30) 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. This Ordinance shall take effect upon publication, as provided by law.

Passed, approved and adopted this 18 th day of March 2024.

         _____________________________________

                                                      Brad M. Cavanagh, Mayor

Attest:

_________________________________

Adrienne N. Breitfelder, City Clerk