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Clear Lake City Zoning Code

165.28 GREENBELT

CORRIDOR OVERLAY OGC ZONE.

The Greenbelt [Clear Creek (Outlet Creek) and Willow Creek and their adjacent lands] is a valuable natural resource, an essential element in local sewer, water and recreational systems and serves important biological and ecological functions.  The Greenbelt also functions as one of the area’s most significant natural amenities which plays an important role in the ongoing development within the City.  The prevention and mitigation of irreversible damage to this resource and the preservation and enhancement of its natural, cultural and historic values is in furtherance of the health, safety and general welfare of the City of Clear Lake.
1.   Purpose.  The purpose of the Greenbelt Corridor Overlay Zone is to:
   A.   Protect and preserve Clear Creek and Willow Creek as natural drainageways and sources of ground and surface water.
   B.   Conserve the natural resources of the Greenbelt so that the Greenbelt retains its value as a significant amenity to the community.
   C.   Provide for compatible land uses.
   D.   Ensure orderly development within the length of the Greenbelt located in the City.
2.   Intent.  The intent of the Greenbelt Corridor Overlay Zone is to:
   A.   Ensure responsible development that will result in the least possible amount of storm water runoff and erosion within the Greenbelt corridor.
   B.   Ensure responsible development that will not impair either the public’s visual access to the Greenbelt or the public’s view from the Greenbelt.
   C.   Encourage the development of a 100-foot vegetative buffer between the creeks’ banks and new development.
   D.   Encourage the use of natural vegetation or other appropriate means of erosion control that are in keeping with the intent of this zone.
   E.   Encourage the preservation of overstory vegetation for erosion control and for aesthetic purposes.
3.   Establishment of the Greenbelt Corridor Zone.  The OGC Zone, with its attendant regulations, is hereby established as part of this chapter.  The OGC Zone shall overlay all other zones established within the boundaries as described in the following subsection.
4.   OGC Zone Boundaries.  The OGC Zone shall apply to the Greenbelt corridor which generally follows or is within the 100-year Flood Boundary.  The 100-year Flood Boundary is delineated on the City’s official floodplain map (Flood Insurance Study, August 4, 1987) on file in the office of the City Clerk and shall be available for inspection and copying.
5.   Permitted Uses.  Uses permitted in the OGC Zone shall be the same as those otherwise allowed in the underlying zone subject to the following requirements:
   A.   Compliance with the Floodplain Management Ordinance where applicable.
   B.   A 30-foot horizontal setback from the 100-year Flood Boundary line, except that any owner/developer shall be allowed to build a pedestrian and/or bicycle path in the 30-foot setback area; in the event that the floodway encroachment line and the creek bank are not the same, the basis of the setback shall be at the discretion of the owner/developer.
   C.   Land-use capability suitable to the type of development proposed, as determined by evaluation of soils, slope and vegetation, according to the specified development limitations of soil types published in the U.S. Department of Agriculture Soil Conservation Service’s Soil Survey of Cerro Gordo County, Iowa, issued October, 1981, or any subsequent amendments thereto.
   D.   Storm water management in conformance with the Comprehensive Plan and the City Public Works Department.
   E.   Erosion control in conformance with the City Public Works Department.
   F.   Retention or replacement of vegetation that provides bank stability in the floodway and/or the setback area.
   G.   Screening shall be provided in accordance with Section 165.43.
   H.   Signs, except public signs, shall not be located within 100 feet of the floodway encroachment line unless located only where they do not impair visual access to the river and where they cannot be viewed from the river.
6.   Site Plan Requirements.  No building permit shall be issued until a site plan has been prepared and approved in accordance with the general requirements and special provisions of this zone and Chapter 166, Subdivision Regulations, where applicable.
   A.   Exemptions.  No site plan shall be required for a single-family dwelling or for the extension, enlargement, change or alteration thereof, or accessory structures thereto.  However, upon application for a building permit, the Building Official shall require such additional information as necessary to determine compliance with the regulations of this zone.
   B.   Site Plan Contents.  In addition to standard site plan requirements of Chapter 166, the following information shall be provided on or within the site plan.
      (1)   Contours at 2-foot intervals and a clear delineation of all streams, including intermittent streams, water bodies and wetlands located on the site.  The 100-year Flood Boundary shall also be indicated.
      (2)   Location of the 30-foot setback area.
      (3)   Existing drainage of the storm water, including the direction, volume and at what rate storm water is conveyed from the site, and the areas of the site where storm water collects and is gradually percolated into the ground or slowly released to a tributary stream or the river.
      (4)   Types and location of the soils of the site, as well as a soil report containing information on the suitability of the soils for the type of development, as published in the U.S. Department of Agriculture, Soil Conservation Service’s Soil Survey of Cerro Gordo County, Iowa, issued October, 1981, or any subsequent amendments thereto.  All areas proposed for grading shall be identified by soil type, both as to soil type of the existing topsoil and soil type of the new contour.
      (5)   Location and amounts of excavated soils to be stored on site during construction.
      (6)   A description of any features, buildings or areas which are listed by the Iowa State Division of Historic Preservation.
      (7)   Location, type, size and general description of existing vegetation, vegetation proposed for removal and proposed landscape materials which will be added to the site as part of the development.
      (8)   An erosion control and sedimentation plan which meets the approval of the Public Works Department.
7.   Special Provisions.  If an owner/developer of a residentially zoned parcel, part of which is located in the OGC Zone, agrees to leave the portion in the OGC Zone undeveloped, the owner/developer shall be allowed to develop the remainder of the parcel according to OPD-H regulations, as specified in Section 165.29 without applying for a change in zoning.