Zoneomics Logo
search icon

Iowa City City Zoning Code

CHAPTER 5

SITE DEVELOPMENT STANDARDS

14-5A-1: APPLICABILITY:

Unless specifically exempted or superseded by other provisions of this title, the regulations of this article apply to all parking spaces, stacking spaces, aisles, and drives in all zones, whether required by this code or put in for the convenience of property owners or users. (Ord. 05-4186, 12-15-2005)

14-5A-2: USE AND RESTRICTIONS:

   A.   The use of required off street parking is reserved for vehicle parking. Other uses of a required parking area are not permitted, except as approved for a temporary use. (See chapter 4, article D of this title.)
   B.   Unless otherwise exempted, motor vehicles must be parked on an improved surface, as specified in this article.
   C.   The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles or the major repair of vehicles in required off street parking and stacking spaces is prohibited.
   D.   Except for the purpose of making local deliveries, vehicles designed for the shipment of detonable or flammable solids, liquids or gases may not be parked or stored in any residential zone.
   E.   Commercial vehicles more than seven and one-half feet (71/2') in height may not be stored in any residential zone. (Ord. 05-4186, 12-15-2005)

14-5A-3: MAXIMUM PARKING ALLOWED:

   A.   Purpose: Certain areas and zones of the city are subject to a limit on the amount of parking provided due to a desire to foster compact, pedestrian oriented areas close to the downtown, the university, and in neighborhood commercial areas adjacent to residential neighborhoods. The maximum parking standards are a tool to prevent the development of excess parking capacity on a site. Limiting the amount of land devoted to parking will make additional land available for building area, open space, pedestrian amenities, and other productive uses and will reduce stormwater runoff and protect water quality by limiting the amount of impervious surface on a site. To further that goal, off street parking in the central business district is generally provided in municipally owned parking facilities, rather than in private surface lots or structures. Providing conveniently located public parking facilities reserves land in the downtown for more intensive commercial and civic uses and prevents large surface parking lots from damaging the pedestrian friendly character of the central business district.
   B.   CN-1 Zone: In the CN-1 zone, the number of parking spaces provided may not exceed one hundred ten percent (110%) of the number of parking spaces required, except if granted a special exception to exceed this limit by the board of adjustment. (Ord. 05-4186, 12-15-2005)
   C.   CB-5 Zone: (Rep. by Ord. 14-4586, 6-3-2014)
   D.   CB-10 Zone:
      1.   Off street parking is not required for any use, except household living uses, as specified in section 14-5A-4, table 5A-1 of this article.
      2.   Private, off street parking is permitted only after approval of a special exception, except for hospitality oriented retail uses and household living uses as specified in the following subsections.
      3.   Hospitality oriented uses are allowed up to one and one-fourth (11/4) parking spaces for each guestroom and parking spaces equal to one-third (1/3) the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subsections D5b through D5e of this section. Any parking spaces requested beyond this maximum must be approved by the board of adjustment as a special exception and meet all of the approval criteria listed in subsection D5 of this section. (Ord. 08-4326, 12-22-2008)
      4.   Household living uses must provide parking according to section 14-5A-4, table 5A-1 of this article. The parking must meet the standards specified in subsections D5b through D5e of this section. If there is practical difficulty providing the required parking for household living uses on site, off site parking for household living uses may be approved according to the provisions of subsection 14-5A-4F, "Alternatives To Minimum Parking Requirements", of this article. (Ord. 14-4586, 6-3-2014)
      5.   In addition to the general special exception approval criteria specified in chapter 4, article B of this title, applications for a special exception for private off street parking in the CB-10 zone must meet the following specific approval criteria:
         a.   The applicant must demonstrate through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. Short term parking demand is preferred to be satisfied through the public parking system.
         b.   Surface parking is not permitted.
         c.   Underground parking is preferred over aboveground structured parking. The design of any underground parking must not detract from or prevent active building uses on the ground level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than one foot (1') above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the city may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than three feet (3') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade.
         d.   Aboveground structured parking may be approved only by special exception according to the standards in subsection D5e of this section.
         e.   Where parking is located within the exterior walls of a building, the following standards apply: (Ord. 08-4326, 12-22-2008)
            (1)   The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. On the ground level floor of the building, parking is not allowed within the first fifty feet (50') of building depth as measured from the front building line. The board of adjustment may reduce this storefront depth requirement if the applicant demonstrates that conditions on the subject property create a practical difficulty in achieving full compliance. In such a case, the applicant must demonstrate that the resulting alternative storefront space, both the interior and exterior, will be of a quality in both design and materials that will enhance the commercial character of the central business district. To mitigate for loss of ground floor commercial space, the board may also require additional quality commercial space be included on an upper floor or mezzanine level and said space be reserved for nonresidential uses. (Ord. 11-4450, 10-18-2011)
            (2)   Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street frontage, if the board determines that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street and traffic and pedestrian safety will not be compromised. Garage openings shall be built to the minimum width necessary for access.
            (3)   Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through the use of building materials, window openings and facade detailing that is similar or complementary to the design of the building.
            (4)   Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than ten feet (10'). Stop signs and appropriate pedestrian warning signs may be required. (Ord. 08-4326, 12-22-2008)

14-5A-4: MINIMUM PARKING REQUIREMENTS:

   A.   Purpose: The minimum parking requirements are intended to ensure that enough off street parking is provided to accommodate most of the demand for parking generated by the range of uses that might locate at a site over time, particularly in areas where sufficient on street parking is not available. The minimum parking requirements are also intended to ensure that enough parking is provided on a site to prevent parking for nonresidential uses from encroaching into adjacent residential neighborhoods.
   B.   Minimum Requirements:
      1.   Table 5A-2 of this section lists the minimum parking requirements and minimum bicycle parking requirements for the land use or uses on properties in all zones except the CB-5, CB-10, Eastside Mixed Use and Riverfront Crossings Zones. For some land uses, the minimum parking requirements differ based on the zone in which the property is located.
      2.   For properties located within the Downtown Planning District, zoned CB-5 and, in part, Historic District Overlay, the bicycle parking requirement shall be 1.25 spaces per dwelling unit. For such properties, there shall be no vehicular parking requirement. Except for the preceding, table 5A-1 of this section lists the minimum parking requirements and minimum bicycle parking requirements for all other properties within the CB-5 and CB-10 Zones, where parking is only required for household living uses.
      3.   Table 5A-3 of this section lists the minimum parking requirements and minimum bicycle parking requirement for properties zoned Riverfront Crossings and Eastside Mixed Use. Affordable housing dwelling units provided in accordance with section 14-2G-8 of this title shall not be required to provide parking, and are therefore exempt from the minimum parking requirement calculation for the respective Riverfront Crossings zoning classification.
      4.   In the CB-10 Zone, off street parking must meet the standards specified in subsection 14-5A-3D of this article.
   C.   Parking For Persons With Disabilities: Where a use is required to provide accessibility for persons with disabilities, the number and design of such parking spaces must be in accordance with State of Iowa Administrative Code, 661 IAC 18, parking for persons with disabilities, as amended.
   D.   Rules For Computing Minimum Parking Requirements:
      1.   Where a fractional space results, the number of parking and stacking spaces actually required will be the closest whole number, with a half space rounded down.
      2.   Any use that is nonconforming with regard to the number of required parking spaces is subject to the applicable provisions of chapter 4, article E, "Nonconforming Situations", of this title.
      3.   In the case of mixed uses, the number of parking and stacking spaces required is equal to the sum of the requirements for the various uses computed separately, except for shopping centers, as specified in table 5A-2 of this section, and for reductions allowed under subsection F, "Alternatives To Minimum Parking Requirements", of this section.
      4.   When the parking requirement is based on the number of residents or occupants, the number of residents or occupants shall be based on the maximum occupancy of the use as determined by the City.
   E.   Rules For Computing Bicycle Parking Requirements:
      1.   In tables 5A-1 and 5A-2 of this section, the minimum bicycle parking requirements are expressed as a certain number of spaces per dwelling unit or as a percentage of the required number of vehicle parking spaces. In table 5A-3 of this section, the minimum bicycle parking requirements are expressed as a certain number of spaces per dwelling unit or per resident or, in the case of nonresidential uses, as a ratio based on the floor area of the proposed use. When expressed as a number of spaces per resident, the number of residents shall be based on the maximum occupancy of the use as determined by the City.
      2.   In all cases where bicycle parking is required, a minimum of four (4) spaces shall be provided.
      3.   After the first fifty (50) bicycle parking spaces are provided, additional spaces are required at fifty percent (50%) of the number required by this section.
      4.   Where the expected need for bicycle parking for a particular use is uncertain due to unknown or unusual operating characteristics of the use or due to a location that is difficult to access by bicycle, the building official may authorize that the construction of up to fifty percent (50%) of the required bicycle parking spaces be deferred. The land area required for the deferred bicycle parking spaces must be maintained in reserve. If an enforcement official of the City determines at some point in the future that the additional parking spaces are needed, the property owner will be required to install the parking in the reserved area. The owner of the property on which the bicycle parking area is reserved must properly execute, sign, and record a written agreement that is binding upon their successors and assigns as a covenant running with the land that assures the installation of bicycle parking within the reserved area by the owner if so ordered by an enforcement official of the City.
Table 5A-1: Minimum Parking Requirements In The CB-5 And CB-10 Zones, Except As Otherwise Set Forth In Subsection 14-5A-4B2 Of This Section
Use Categories
Subgroups
Parking Requirements
Bicycle Parking
Use Categories
Subgroups
Parking Requirements
Bicycle Parking
Residential uses:
Household living uses
Multi-family dwellings
CB-5 Zone
Efficiency, 1 bedroom units: 0.5 space per dwelling unit.
1.0 per dwelling unit
 
 
 
2 bedroom units: 1 space per dwelling unit.
 
 
 
 
3 bedroom units: 2.5 spaces per dwelling unit.
 
 
 
 
Units with more than 3 bedrooms: 3 spaces per dwelling unit.
 
 
 
 
Elder apartments: 1 space for every 2 dwelling units.
 
 
 
CB-10 Zone
For buildings built on or before December 31, 2008:
1.0 per dwelling unit
   Bedrooms 1-10: No parking required.
   All additional bedrooms: 0.5 space per bedroom.
   (For purposes of this standard an efficiency apartment will be counted as 1 bedroom.)
 
 
 
For buildings built on or after January 1, 2009:
 
   Efficiency and 1 bedroom units: 0.5 space per dwelling unit.
   2 bedroom unit: 1 space per dwelling unit.
   3 bedroom unit: 2.5 spaces per dwelling unit.
   Units with more than 3 bedrooms: 3 spaces per dwelling unit.
Elder apartments: 1 space for every 2 dwelling units.
 
Table 5A-2: Minimum Parking Requirements For All Zones, Except The CB-5, CB-10, Riverfront Crossings Zones And Eastside Mixed Use District
Use Categories
Subgroups
Parking Requirement
Bicycle Parking
Use Categories
Subgroups
Parking Requirement
Bicycle Parking
Residential uses:
   Household living
Single family and two family uses
For 1-bedroom and 2-bedroom units: 1 parking space, plus 1 additional parking space for each adult occupant beyond 3.
For units with 3 or more bedrooms: 2 parking spaces plus 1 additional parking space for each adult occupant beyond 3.
None required
Group households
3 spaces.
None required
Multi-family uses
All zones, except PRM and CB-2
Efficiency and 1 bedroom units: 1 space per dwelling unit.
2 bedroom units: 2 spaces per dwelling unit.
3 bedroom units: 2 spaces per dwelling unit.
4 bedroom units: 3 spaces per dwelling unit.
5 bedroom units: 4 spaces per dwelling unit.
University impact area: 1 space per bedroom (see section 14-2B-6, map 2B.1).
0.5 per dwelling unit
 
1.0 per dwelling unit
1.5 per dwelling unit
1.5 per dwelling unit
1.5 per dwelling unit
PRM & CB-2 Zone
Efficiency and 1 bedroom units: 0.75 space per dwelling unit.
2 bedroom units: 1.5 spaces per dwelling unit.
3 bedroom units: 2.5 spaces per dwelling unit.
Units with more than 3 bedrooms: 3 spaces per dwelling unit.
University impact area in the PRM zone: 1 space per bedroom (see section 14-2B-6, map 2B.1).
1.0 per dwelling unit
Elder apartments
1 space per dwelling unit for independent living units and 1 space for every 2 dwelling units for assisted living units, except in the PRM and CB-2 Zones.
In the PRM and CB-2 Zones, 1 space for every 2 dwelling units.
5 percent
   Group living
Assisted group living
1 space for every 3 beds, plus 1 space for each staff member determined by the maximum number of staff present at any 1 time.
None required
Independent group living
1 space per 300 square feet of floor area or 0.75 space per resident, whichever is less.
25 percent
Fraternal group living
1 space per 300 square feet of floor area or 0.75 space per resident, whichever is less.
25 percent
Commercial uses:
   Adult business uses
Retail type
1 space per 300 square feet of floor area.
15 percent
Entertainment/nightclub type
Parking spaces equal to 1/3 the occupant load of the largest assembly space or seating area in the building.
10 percent
   Animal related commercial
General
1 space for each office, examining room, and treatment/grooming room, but not less than 3 spaces.
None required
Intensive
3 spaces.
None required
   Building trade uses
1 space per 750 square feet of floor area.
None required
   Commercial recreational uses
Outdoor
Spectator type (major event facilities, such as arenas, stadiums, etc.)
Parking spaces equal to 1/4 the occupant load of the seating area.
10 percent
Participatory type (tennis courts, swimming pools, archery ranges, sports fields, etc.)
Parking spaces equal to 2/3 the maximum number of participants likely at any 1 time.
10 percent
Indoor
Parking spaces equal to 1/3 the occupant load of the area used for the participatory activity.
10 percent
   Commercial parking
Not applicable.
None required
   Eating and drinking establishments
1 space per 150 square feet of floor area, or parking spaces equal to 1/3 the occupant load of the seating area, whichever is less. Carryout/delivery restaurants that do not have a seating area must provide at least 4 spaces.
10 percent
   Office uses
General office
1 space per 300 square feet of floor area.
In the MU and CB-2 zones, no additional parking is required for that floor area exceeding 8,000 square feet.
15 percent
Medical/dental office
1.5 spaces for each office, examining room and treatment room; provided, however, there shall not be less than 5 spaces.
15 percent
   Quick vehicle servicing
For gas stations, 1 stacking space is required for every service stall or pump station.
For car washes, 4 stacking spaces are required for each wash rack, bay, or tunnel.
Parking for convenience retail must be calculated separately. Parking spaces must be provided in lieu of stacking spaces in instances where egress from a facility would require moving a motor vehicle waiting for entry.
None required
   Redemption center
1 space per 1,000 square feet of floor area
None required
   Retail
Shopping centers, where a mix of uses, such as retail, office, restaurants, theaters, commercial recreational uses, etc., share the same parking area. This parking minimum may be used as an optional alternative to calculating the parking for each of the uses separately.
1 space per 250 square feet of floor area. Spaces for residential uses must be calculated separately and must be provided in addition to the parking spaces for the commercial uses.
15 percent
Sales oriented
1 space per 300 square feet of floor area.
15 percent
Personal service oriented
1 space per 300 square feet of floor area.
15 percent
Repair oriented
1 space per 500 square feet of floor area.
None required
Hospitality oriented
For hotels and motels, 1 space per guestroom.
For guesthouses, as defined in this title, 0.75 space per guestroom.
For meeting facilities and similar, spaces equal to 1/4 the occupant load of the meeting area or 1/4 the occupant load of the seating area, whichever is most applicable to the use.
None required
Outdoor storage and display oriented
1 space per 500 square feet of floor area.
10 percent
   Surface passenger services
No minimum requirement.
None required
   Vehicle repair
1 space per 300 square feet of floor area.
None required
Industrial uses:
   Industrial service
1 space per 750 square feet of floor area.
None required
   Manufacturing and production
Technical/light manufacturing
1 space per 750 square feet of floor area.
None required
General manufacturing
1 space per 750 square feet of floor area.
None required
Heavy manufacturing
1 space per 750 square feet of floor area.
None required
   Salvage operations
1 space per 750 square feet of floor area.
None required
   Self-service storage
2 spaces per leasing office, plus 1 space per 100 leasable storage spaces.
None required
   Warehouse and freight movement
For warehouses up to 25,000 square feet
1 space per 1,000 square feet of floor area up to a maximum of 5 spaces.
None required
For warehouses 25,000 square feet or greater
5 spaces, plus 1 space for each 5,000 square feet above 25,000 square feet.
None required
   Waste related uses
1 space per 750 square feet of floor area.
None required
   Wholesale sales
1 space per 750 square feet of floor area.
None required
Institutional and civic uses:
   Basic utilities
No minimum requirement.
None required
   Colleges and universities
Public
Based on parking demand analysis.
25 percent
Private
Per special exception review based on parking demand analysis.
25 percent
   Community service
General community service
1 space per 300 square feet of floor area.
10 percent
Community service - shelter
0.1 space per temporary resident based on the maximum number of temporary residents staying at the shelter at any 1 time, plus 1 space per employee based on the maximum number of employees at the site at any 1 time.
25 percent
   Daycare
1 space per employee based on the maximum number of employees at the site at any 1 time, plus 1 parking space for each 10 children or clients served, based on the maximum number of children present on the site at any 1 time, plus 1 stacking space for each 20 children or clients served, based on the maximum number of clients or children present on the site at any 1 time. Additional parking spaces at a ratio of 1/20 clients or children served may be substituted for the stacking spaces, if the city determines that such an arrangement will not cause traffic to stack into adjacent streets or public rights of way.
10 percent
   Detention facilities
No minimum requirement.
None required
   Educational facilities
Elementary, middle, junior high schools, and specialized educational facilities
2 spaces per classroom.
25 percent
High schools
10 spaces per classroom.
25 percent
   Hospitals
1.75 spaces per hospital bed.
None required
   Parks and open space
No minimum requirement, except for recreational uses within private open space areas as follows:
For golf courses, 3 spaces for each green (hole).
For other recreational or public assembly type uses, parking is required at half the minimum amount required for the most similar commercial recreational use.
5 percent
   Religious/private group assembly
Parking spaces equal to 1/6 the occupant load of the main auditorium or the largest room in the building, whichever is greater.
5 percent
Other uses:
   Agriculture
Animal related
No minimum requirement.
None required
Plant related
No minimum requirement.
None required
   Aviation related uses
Airports
No minimum requirement.
None required
Helicopter landing facilities
No minimum requirement.
None required
   Communication transmission facilities
No minimum requirement.
None required
   Extraction
No minimum requirement.
None required
 
Table 5A-3: Minimum Parking Requirements In The Riverfront Crossings District And Eastside Mixed Use District
Use Categories
Subdistricts
Minimum Parking Requirement
Bicycle Parking
Use Categories
Subdistricts
Minimum Parking Requirement
Bicycle Parking
Household living units within the following building types: apartment building, multi-dwelling building, mixed use building
South Downtown, University
Efficiency, 1 bedroom: 0.5 space per dwelling unit.
2 bedrooms: 1 space per dwelling unit.
3 bedrooms: 2 spaces per dwelling unit.
Elder apartments: 1 space for every 2 dwelling units.
For multi-family dwelling units located within the University Subdistrict or on property directly abutting or across the street from the UI campus as illustrated on the regulating plan, section 14-2G-2, figure 2G-1 of this title, the parking requirement is 0.25 per bedroom.
1 per dwelling unit
Park, South Gilbert, Central Crossings, Gilbert, West Riverfront, Orchard, Eastside Mixed Use
Efficiency, 1 bedroom: 0.75 space per dwelling unit.
2 bedrooms: 1.5 spaces per dwelling unit.
3 bedrooms: 2.5 spaces per dwelling unit.
Elder apartments: 1 space for every 2 dwelling units.
1 per dwelling unit
Household living units within the following building types: cottage home, row house, townhouse, live-work townhouse
All subdistricts where said building types are allowed.
For 1-bedroom and 2-bedroom units: 1 parking space, plus 1 additional parking space for each adult occupant beyond 3.
For units with 3 or more bedrooms: 2 parking spaces plus 1 additional parking space for each adult occupant beyond 3.
None required
Household living units within liner buildings
All subdistricts
Parking shall be provided within the associated parking structure using the following ratios:
Efficiency, 1 bedroom: 0.5 space per dwelling unit.
2 bedrooms: 1 space per dwelling unit.
3 bedrooms: 2 spaces per dwelling unit.
Elder apartments: 1 space for every 2 dwelling units.
Specific parking spaces within the associated parking structure may or may not be reserved for use by residents within the liner building.
1 per dwelling unit
Assisted group living
All subdistricts where said uses are allowed.
1 space for every 3 rooming units.
None
Fraternal group living
All subdistricts where said uses are allowed.
0.50 space per resident.
If the use is located within the University Subdistrict or on property directly abutting or across the street from the main UI campus as illustrated on the regulating plan, section 14-2G-2, figure 2G-1 of this title, the parking requirement is 0.25 per resident.
0.50 space per resident
Independent group living
All subdistricts where said uses are allowed.
0.50 space per resident.
If the use is located within the University Subdistrict or on property directly abutting or across the street from the main UI campus as illustrated on the regulating plan, section 14-2G-2, figure 2G-1 of this title, the parking requirement is 0.25 per resident.
0.50 space per resident
Nonresidential uses
South Downtown, University
None required.
1/1,500 square feet of floor area
Park, South Gilbert, Central Crossings, Gilbert, West Riverfront, Orchard, Eastside Mixed Use
1 space per 500 square feet of floor area. On street parking provided along the frontage of a property may count toward this parking requirement. Buildings with less than 1,200 square feet of nonresidential floor area are exempt from this parking requirement.
1/1,500 square feet of floor area
 
   F.   Alternatives To Minimum Parking Requirements:
      1.   Off Site Parking On Private Property: Off street parking may be located on a separate lot from the use served according to the following rules. When the proposed off site parking is located in a residential zone or CB-10 Zone, or is intended for a use located in the CB-10 Zone, the Board of Adjustment may grant a special exception for the proposed parking, provided the conditions contained in subsections F1a through F1f of this section are met. When the proposed off site parking is located in the Eastside Mixed Use District, a Riverfront Crossings Zone, an industrial zone, research zone, or commercial zone, except the CB-10 Zone, the Director of Neighborhood and Development Services may approve the proposed parking, provided the conditions contained in subsections F1a through F1f of this section are met.
         a.   Special Location Plan: A special location plan must be submitted with the application for off site parking. The location plan must include a map indicating the proposed location of the off site parking, the location of the use or uses served by the parking, and the distance and proposed walking route between the parking and the use(s) served. The map must be drawn to scale and include property boundaries, including boundaries of any intervening properties. In addition, documentation must be submitted providing evidence deemed necessary to comply with the requirements herein.
         b.   Location Of Off Site Parking:
            (1)   In residential, commercial zones, Eastside Mixed Use District, and Riverfront Crossings Zones, any proposed off site parking space must be located within three hundred feet (300') from an entrance to the use served.
            (2)   In industrial and research zones, any proposed off site parking space must be located within six hundred feet (600') from an entrance to the use served.
         c.   Zoning: Off site parking spaces must be located in the same zone as the principal use(s) served, or located as follows:
            (1)   In a multi-family zone serving a use located in a different multi-family zone, Eastside Mixed Use District, or in the MU Zone or vice versa.
            (2)   In a commercial zone serving a use located in a different commercial zone, industrial zone, Eastside Mixed Use District, or Riverfront Crossings Zone.
            (3)   In an industrial zone serving a use located in a different industrial zone or commercial zone.
            (4)   In a Riverfront Crossings Zone serving a use located in a different Riverfront Crossings Zone or commercial zone.
         d.   Shared Use Of Off Site Parking: Where two (2) or more uses will jointly use the proposed off site parking, the number of parking spaces shall equal the sum of off street parking spaces required, as indicated in tables 5A-1, 5A-2, and 5A-3 of this section, except for reductions approved under the provisions of subsection F2, "Allowed Reductions For Shared On Site Parking", of this section.
         e.   Approval Criteria: In assessing a special location plan for off site parking, the Board of Adjustment or Director of Neighborhood and Development Services, as applicable, will consider the desirability of the proposed off street parking and stacking spaces location; pedestrian and vehicular traffic safety; any detrimental effects on adjacent property; the appearance of the streetscape as a consequence of the off street parking; and, in the case of nonrequired parking, the need for additional off street parking.
         f.   Covenant For Off Site Parking: A written agreement between the property owners must be submitted with the application for off site parking. The agreement must assure the retention of the parking and stacking spaces, aisles and drives and be binding upon their successors and assigns. The agreement must provide that it cannot be released, and its terms and conditions cannot be modified in any manner whatsoever, without prior written consent and approval from the City. The written agreement must be reviewed and approved by the City Attorney. Upon approval of the off site parking, the applicant shall provide evidence to the building official confirming that the agreement has been properly executed and has been recorded as a covenant running with the land before issuance of a building permit.
      2.   Minor Modification For Parking Reduction For Shared On Site Parking: The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification as specified in section 14-4B-1 of this title to reduce the total number of parking spaces required by up to fifty percent (50%) if the uses sharing the parking are not normally open, used, or operated during the same hours. To qualify for a reduction under this provision, a parking demand analysis must be submitted that provides evidence that the amount of parking proposed for the shared parking area will be sufficient to meet the parking demand. This reduction is not allowed for residential uses.
      3.   Minor Modification For Parking Reduction in Commercial Zones: The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification as specified in 14-4B-1 of this title to reduce the total number of parking spaces required by up to fifty percent (50%) if it meets the following standards:
         a.   It must be in a CB-2, CB-5, CC-2, CN-1, CO-1, or MU zone;
         b.   Buildings must be limited to a footprint of 5,000 square feet;
         c.   A parking demand analysis must be submitted that provides evidence that the amount of parking proposed will be sufficient to meet the parking demand, which depending on the complexity of the site, may require an engineered study, as determined by staff; and
         d.   The proposed development must not result in the demolition of a property that is designated as an Iowa City landmark, registered in the National Register of Historic Places, or individually eligible for the National Register of Historic Places.
      4.   Affordable Housing Parking Reduction: Affordable Housing dwelling units allowed and regulated pursuant to Article 14-4F shall be exempt from providing the minimum number of parking spaces otherwise required by the zoning code.
      5.   Minor Modification for Commercial Use Parking Reductions. The number of required parking spaces for commercial uses may be reduced up to ten percent (10%).
      6.   Downtown And Riverfront Crossings Parking District: For qualifying development as set forth below, the number of required on site parking spaces may be reduced in order to facilitate said development according to the provisions of this subsection.
         a.   Qualifying Development: To qualify for a parking reduction under this subsection, the proposed development:
            (1)   Must be located in the downtown and Riverfront Crossings parking district;
            (2)   Must not result in the demolition of a property that is designated as an Iowa City landmark, registered on the National Register of Historic Places, or individually eligible for the National Register of Historic Places; and
            (3)   Must include uses, elements or features that further housing, economic development, or other goals of the comprehensive plan, including the downtown and Riverfront Crossings master plan.
         b.   Parking District Boundaries: Properties described below shall be considered part of the Downtown and Riverfront Crossings Parking District:
            (1)   Properties located within the area bounded by Burlington Street on the south, Van Buren Street on the east, Iowa Avenue on the north, and Capitol Street on the west. For purposes of this subsection, this area shall be referred to as the Central Business District; and
            (2)   Properties zoned South Downtown Subdistrict (RFC-SD), University Subdistrict (RFC-U), and Central Crossings Subdistrict (RFC-CX) that are located north of the Iowa Interstate rail line.
         c.   Reduction Of The On Site Parking Requirement:
            (1)   For qualifying development, the off street parking requirement may be reduced by up to fifty percent (50%), provided a fee is paid in lieu based on the number of parking spaces that would otherwise have to be provided.
            (2)   For qualifying development where it is infeasible to provide at least fifty percent (50%) of the required parking on site due to specific qualifying site constraints as noted below, a developer may request a special exception to reduce the parking requirement by up to one hundred percent (100%), provided a fee is paid in lieu of each parking space not provided on site and the following review and approval criteria are met. The Board of Adjustment will review such a request according to the following approval criteria:
               (A)   Convincing evidence has been presented that it is not feasible to provide at least fifty percent (50%) of the required residential parking on site due to a lack of alley access, a lot width narrower than sixty feet (60'), a lot orientation that makes it infeasible to provide on site parking and meet storefront depth requirements of the zone, or other unique circumstance; and
               (B)   The proposed project will be designed in a manner that is sensitive and complementary to adjacent properties designated as Iowa City landmarks, registered on the National Register of Historic Places, or individually eligible for the National Register of Historic Places. See subsection 14-3C-3C, “Design Review Guidelines”, of this title for guidance on the factors to be considered to comply with this standard. This standard is not intended to impose any particular architectural style, but rather to foster a harmonious rhythm and proportion of building elements along a street frontage and ensure that differences in mass and scale are mitigated through facade articulation and upper story stepbacks; and
               (C)   The proposed project will be designed in a manner that will contribute to the pedestrian oriented, urban character of central Iowa City as envisioned in the downtown and riverfront crossings master plan.
         d.   Payment Of Fee In Lieu Of Required Parking:
            (1)   Where the City has allowed up to a fifty percent (50%) reduction in the parking requirement, the developer shall pay a fee for each space otherwise required in the amount of seventy five percent (75%) of the estimated cost of constructing a structured parking space.
            (2)   Where a special exception has been granted reducing the parking requirement by more than fifty percent (50%), the developer shall pay a fee in lieu of the provision of each space otherwise required in the amount of ninety percent (90%) of the estimated cost of constructing a structured parking space.
            (3)   The estimated cost of a structured parking space is twenty four thousand dollars ($24,000.00) in 2013 dollars. This fee shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of “Engineering News Record”, as amended. In the event the national historical cost index is negative in any edition, the fee shall remain at the amount previously set under this paragraph.
            (4)   The City shall calculate and assess the entire fee upon issuance of a building permit. The fee payor shall pay the entire fee prior to the issuance of the building permit.
            (5)   All fees paid shall be deposited in the Downtown and Riverfront Crossings Parking District Restricted Fund, as set forth in this subsection. Monies held in the Restricted Fund, including any accrued interest, shall be used for the purpose of acquiring land for and constructing public parking facilities located in the Downtown and Riverfront Crossings Parking District.
            (6)   In the event that bonds or similar debt instruments are issued for the acquisition or construction of the aforementioned property, infrastructure or facilities within the Parking District, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments.
      7.   Parking Reduction For Other Unique Circumstances: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone).
      8.   Parking Reduction For Liner Buildings: For liner buildings constructed to mask a Municipal parking facility, the private off street parking requirement may be reduced by up to one hundred percent (100%) if parking for uses located within the liner building is provided within the associated public parking facility. Monthly permits shall be made available for purchase to residents, businesses, or other tenants located within the liner building, but specific parking spaces within the associated parking structure may or may not be designated for use by said permit holders, at the discretion of the City. Compensation for construction of said parking shall be made to the City with the amount and terms of said compensation determined through an agreement with the City, which shall be executed prior to issuance of an occupancy permit for the subject liner building.
      9.   Allowance For Scooter Or Motorcycle Parking: Up to ten percent (10%) of the parking spaces required for a use may be reconfigured to accommodate motorized scooters or motorcycles. Conversion of a minimum of two (2) abutting standard parking spaces (an area equal to 18 feet by 18 feet) is required to ensure adequate access and vehicular movement for up to six (6) scooter/motorcycle spaces. Design of the scooter/motorcycle parking shall be approved by the City. This provision shall not increase or decrease the allowed occupancy or residential density of the uses on the property, i.e., each required vehicular space converted to scooter/motorcycle spaces shall still be counted as one required parking space.
      10.   Sustainability Parking Reduction: The minimum parking requirement may be reduced by ten percent (10%) where each of the following provisions is met, up to a maximum reduction of twenty-five percent (25%). This reduction may be used in conjunction with subsections 14-2A-7E, 14-2B-8D, 14-2C-11E, and 14-3A-4D3 (Sustainability Density Bonus).
         a.   A solar energy system is installed onsite where the size is equal to at least forty percent (40%) of the surface area of the roofs of all buildings.
         b.   All uses within the development utilize electricity for one hundred percent (100%) of their regular energy consumption after construction.
         c.   All buildings within the development are constructed to the most current edition of the International Energy Conservation Code standards published by the International Code Council. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 08-4326, 12-22-2008; Ord. 11-4452, 10-18-2011; Ord. 12-4483, 5-15-2012; Ord. 13-4526, 5-14-2013; Ord. 14-4586, 6-3-2014; Ord. 16-4667, 7-5-2016; Ord. 16-4668, 7-5-2016, eff. 8-1-2016; Ord. 16-4675, 9-20-2016; Ord. 17-4703, 5-2-2017; Ord. 17-4705, 5-16-2017; Ord. 18-4744, 4-2-2018; Ord. 19-4779, 2-19-2019; Ord. 20-4834, 11-17-2020; Ord. 23-4893, 1-24-2023; Ord. 23-4914, 11-6-2023; Ord. 24-4940, 11-4-2024)

14-5A-5: CONSTRUCTION AND DESIGN STANDARDS:

   A.   Purpose: The construction and design standards are intended to ensure safe and efficient vehicular, bicycle, and pedestrian circulation on a site, and to ensure that parking areas are designed with trees and landscaping in a manner that will break up the appearance of large expanses of paving, provide shade coverage, and ensure appropriate screening and buffering from pedestrianways and adjacent streets and properties.
   B.   Paving Materials: All parking and stacking spaces, drives and aisles must be constructed of asphaltic cement concrete, portland cement concrete or manufactured paving materials, such as brick, except in the following situations:
      1.   Drives and aisles serving single-family dwellings or duplexes that abut and access historic Woodlawn Avenue or a nonhard surfaced alley are exempt from this standard.
      2.   The City building official may permit materials other than those listed, but excluding crushed rock or chip seal surfaces, for parking spaces, aisles, and drives if the use of such material provides a durable, permanent surface deemed suitable for the intended purpose and intensity of use.
      3.   Prior to the issuance of a certificate of occupancy, all parking and stacking spaces, drives and aisles must be paved with an approved surface as specified above; except, that the building official may issue a temporary certificate of occupancy in those instances where the building official finds that the paving cannot reasonably be completed due to adverse weather conditions or settling of land on the site after demolition or filling. A temporary certificate of occupancy will be effective only to a date specific. Prior to the issuance of a temporary certificate, the property owner must place in an escrow account established with the City an amount equal to one hundred ten percent (110%) of the estimated cost of paving.
   C.   Parking, Stacking Space Size, And Drive Dimensions:
      1.   The minimum size of a standard off street parking space is nine feet by eighteen feet (9' x 18'), exclusive of aisle width.
      2.   The minimum size of a compact off street parking space is eight feet by fifteen feet (8' x 15'), exclusive of aisle width.
      3.   For all uses, except single-family and two-family uses, the following rules apply:
         a.   Up to fifty percent (50%) of the required number of parking spaces may be compact spaces. A "Compact Vehicles Only" sign must be posted on or in front of each compact space.
         b.   All other spaces, both required and nonrequired, must meet or exceed the minimum size specification for standard spaces.
         c.   Parking spaces reserved for persons with disabilities must be sized and designed in accordance with State of Iowa Administrative Code, 661 IAC 18, "Parking for Persons With Disabilities", as amended.
      4.   For single-family and two-family uses, required parking spaces must be at least nine feet by eighteen feet (9' x 18') in size.
      5.   Required stacking spaces must be at least nine feet (9') wide and nineteen feet (19') long.
      6.   In all required parking areas that contain more than four (4) parking spaces, such spaces must be visibly delineated on the surface by painted or marked stripes.
      7.   A drive providing access to any parking area, either structured or surface, with more than eighteen (18) spaces must be no less than eighteen feet (18') in width if designed for two- way traffic or ten feet (10') in width if designed for one-way traffic.
   D.   Drainage:
      1.   All parking and stacking spaces, drives and aisles in parking areas must be pitched or curbed and drained to prevent the flow of excess water from such areas onto streets and alleys which do not have adequate drainage facilities as determined by the City Engineer.
      2.   Drives and aisles that are located within three feet (3') of a side or rear lot line must be pitched or curbed and drained to prevent flow of water onto adjoining property. Alternatively, a drainage course must be established along lot lines to handle stormwater runoff.
   E.   Location:
      1.   Off street parking and stacking spaces must be located on the same lot as the use served except as allowed in subsection 14-5A-4F, "Alternatives To Minimum Parking Requirements", of this article.
      2.   Off street parking spaces, stacking spaces, aisles and drives are subject to the location and setback requirements specified in the base zone and any other location requirements of this title that specifically supersede or augment these general location standards.
      3.   Unless otherwise specified in this title, stacking spaces must be located in such a way that a required parking space or access to a required parking space is not obstructed.
   F.   Standards For Structured Parking In Multi-Family, Commercial Zones, The Eastside Mixed Use District, And The Riverfront Crossings Zones: The following standards apply to structured parking in all Multi-Family Zones, all Commercial Zones, except the CB-10 Zone, and on property zoned Riverfront Crossings or Eastside Mixed Use. On properties zoned Riverfront Crossings or Eastside Mixed Use, these standards apply to tuck under, midblock structures, lined structures, integrated structures, and underground structures, as described in chapter 2, article G of this title. Standards for structured parking in the CB-10 Zone are specified in subsection 14-5A-3D of this article.
      1.   Parking Within Building: In Multi-Family, CN-1, CB-2, CB-5, and MU Zones, the ground level floor of a building is reserved primarily for principal uses allowed in the zone. Therefore, any parking located within the exterior walls of the building must meet the following standards:
         a.   In the CN-1, CB-2, CB-5, and MU Zones, structured parking is not permitted on the ground level floor of the building for the first thirty feet (30') of lot depth as measured from the minimum setback line, except as allowed by subsection 14-4B-4A7f of this title.
         b.   In Multi-Family Zones, structured parking is not permitted on the ground level floor of the building for the first fifteen feet (15') of building depth as measured from the street-facing building wall. On lots with more than one street frontage this parking setback must be met along each street frontage, unless reduced or waived by minor modification. The Building Official may also waive this requirement where a townhome-style multi-family unit has parking along a side street. When considering a minor modification request, the City will consider factors such as street classification, building orientation, location of primary entrance(s) to the building, and unique site constraints such as locations where the residential building space must be elevated above the floodplain.
         c.   In the CN-1, CB-2, CB-5, and MU Zones, the ceiling height of any underground parking may extend no more than one foot (1') above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement by minor modification. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than four feet (4') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade.
         d.   In Multi-Family Zones, the ceiling height of any underground parking may extend no more than three feet (3') above grade. For purposes of this subsection, "grade" shall be defined as the average point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the streetside property line(s) or when the streetside property line is more than five feet (5') from the building, between the building and line five feet (5') from the building. A parking level that has more than three feet (3') of its floor to ceiling height above "grade" as defined herein shall be considered ground level parking and therefore shall be subject to the setback stated in subsection F1b of this section.
      2.   Riverfront Crossings Or Eastside Mixed Use Properties: On property zoned Riverfront Crossings or Eastside Mixed Use, structured parking shall be placed in accordance with the provisions set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title.
      3.   Parking Area To Be Enclosed: Except for garage openings, the parking area must be enclosed within the exterior walls of the building. In no case shall a building have the appearance from the street or from abutting properties of being elevated above a parking level or "on stilts" (see figure 5A.1 of this subsection).
FIGURE 5A.1
STRUCTURED PARKING
 
      4.   Exterior Walls: Any exterior walls of a parking facility that are visible from a public or private street or from an abutting property must appear to be a component of the facade of the building through the use of building materials, window openings and facade detailing that is similar or complementary to the design of the building and must comply with the other standards of this section (see subsection F3, figure 5A.1 of this section).
      5.   Parking Space Configurations: Parking spaces within the structure must be perpendicular to parking aisles. However, angled parking or parallel parking configurations may be allowed if parking aisles are one-way.
      6.   Landscaping: In addition to the facade detailing noted above, the City may require landscaping as a means to soften the visual effect of any garage walls located at the street level. Shrubs, small berms, and planters may be used to form a landscaped screen generally ranging between two feet (2') and four feet (4') in height. Trees may also be incorporated into the landscaped area if sufficient area is available for tree growth.
      7.   Garage Entrances/Exits:
         a.   Vehicular access to parking within buildings should be located and designed to minimize traffic congestion and hazards to pedestrians and to preserve street frontages for active building uses.
         b.   Garage entrances/exits should be located along a building wall that does not face a public street and accessed from a private drive, private rear lane or public alley. In the CB-2, CB-5, MU, Eastside Mixed Use, and Riverfront Crossings Zones, alley or rear lane access is preferred. If the Form Based Code Committee, in consultation with the Director of Neighborhood and Development Services, determines that such access is not feasible due to lack of alley access, topographical limitations, or other unique circumstances, or if allowing direct access from a street will better meet the objectives as stated in subsection F7a of this section, garage openings may face a street, but must be designed in a manner that will best meet the objectives listed in subsection F7a of this section, and must meet the standards listed in subsections F7b(1), F7b(2), and F7b(3) of this section.
            (1)   If the structured parking is intended for residents or tenants of a building and not the general public, there may be no more than one doublewide or two (2) singlewide garage openings per building. Doublewide openings may not exceed twenty feet (20') in width; singlewide openings may not exceed ten feet (10') in width. For existing buildings where it is not possible to meet this standard due to structural constraints of the building, the building official may adjust this provision to allow one additional garage entrance/exit that faces a street, provided that the minor modification approval criteria are met and the garage opening is designed to minimize its effect on the streetscape and minimize hazards to pedestrians.
            (2)   For structured parking intended for use by the general public, garage openings should be limited in width and number to only what is necessary to provide adequate access for the types and numbers of vehicles using the parking facility.
            (3)   Except in the CN-1, CB-2, MU and CB-5 Zones, the opening(s) must occupy no more than fifty percent (50%) of the length of the street-facing building wall. On corner lots, only one street- facing garage wall must meet this standard. In the Eastside Mixed Use, Riverfront Crossings Zones and in the CN-1, CB-2, MU and CB-5 Zones, garage opening(s) along the primary street frontage are not permitted if access is feasible from another local or collector street or from a rear alley, private street or private rear lane. If there is no feasible alternative, garage opening(s) may be allowed along the primary street frontage, provided that they occupy no more than thirty five percent (35%) of the length of the primary street frontage of the lot and provided that all provisions of article C, "Access Management Standards", of this chapter are met.
   G.   Standards For Structured Parking In Industrial And Research Zones: Where parking is located within the exterior walls of a principal building, the following standards apply:
      1.   Any exterior walls of a parking facility that are visible from an arterial street must appear to be a component of the facade of the building through the use of building materials, window openings and facade detailing that is similar or complementary to the design of the building. In no case shall a building have the appearance from an arterial street of being elevated above a parking level or "on stilts". (See subsection F3, figure 5A.1 of this section.)
      2.   Vehicular access to parking within buildings should be located and designed to minimize traffic congestion and hazards to pedestrians; and to preserve street frontages for active building uses to the extent feasible. Garage openings should be limited in width and number to only what is necessary to provide adequate access for the types and numbers of vehicles using the parking facility.
   H.   Design And Layout Of Surface Parking Areas: Except for parking for single-family and two-family uses, all parking and stacking spaces, aisles and drives must be designed as follows:
      1.   Minimum Dimensions: Parking areas must be configured according to the aisle and parking space angle dimensions as illustrated in subsection H2, figure 5A.2 of this section. Where the edges of parking spaces are curved, as on a curved aisle, all angles are to be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection.
      2.   Aisles:
         a.   All parking spaces must be connected to an aisle that has a minimum width as indicated in subsection H2, figure 5A.2 of this section. Aisles designed for two-way traffic must be a minimum of twenty two feet (22') in width.
         b.   The greatest aisle width shown in subsection H2, figure 5A.2 of this section, must be provided when combining different parking space configurations on the same aisle.
         c.   The maximum aisle width is twenty four feet (24').
FIGURE 5A.2
PARKING CONFIGURATIONS
 
      3.   Circulation: Parking areas must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards and the standards of the base zone in which the property is located:
         a.   Parking areas must be set back from rights-of-way and abutting properties and properly screened from view as specified in the applicable base zone regulations.
         b.   The drive(s) on a property should be designed to facilitate vehicular circulation and connect street access points to parking areas, loading and unloading areas, drive-through facilities, and other vehicular use areas on a lot or tract. In general, drives should not be used as aisles. However, the City may allow parking spaces along a drive in situations where vehicular and pedestrian safety will not be compromised. When determining the length and location of drives and the configuration of parking spaces and aisles, the City will consider such factors as:
            (1)   Size and shape of the parking lot. Large parking lots with multiple aisles of parking may need a system of separated drives to facilitate traffic circulation; parking spaces should not be located along main circulation routes where traffic speeds may be higher, but may be allowed in lower traffic volume areas. In small parking areas, circulation drives may not be necessary.
            (2)   Proximity to street access points. Parking spaces should not be located so as to impede vehicles entering or exiting the site. The throat length of drives at street access points must be sufficient in length to provide the necessary vehicle stacking based on the anticipated traffic volume. Parking spaces and aisles will not be allowed in close proximity to the necessary driveway throats, as determined by the City.
            (3)   Proposed use of the drive. Parking spaces should not be located so as to impede drive-through lanes, loading and unloading areas, or higher volume delivery or truck circulation routes.
         c.   To control vehicle speeds and facilitate traffic safety and circulation, drives must be separated from parking aisles by landscaped medians and islands as illustrated in subsection H4, figure 5A.4 of this section.
         d.   When used, medians should be at least four feet (4') in width and be landscaped. If a median contains trees, it should be at least eight feet (8') wide. If medians are intended for pedestrian circulation they should be approximately twelve feet (12') to twenty feet (20') wide to accommodate a walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle areas.
         e.   To guide turning vehicles, maintain sightlines, and protect vehicles at row ends, the free end of all parking aisles must be capped with a landscaped terminal island as illustrated in figure 5A.3 of this subsection. In the CN-1 Zone, at least one shade tree must be provided within each terminal island.
FIGURE 5A.3
TERMINAL PARKING ISLANDS
 
         f.   Parking spaces within parking areas must be provided with car stops or curbing to prevent encroachment into landscaped setbacks, medians, and islands.
         g.   Parking areas must be designed to permit ingress and egress of vehicles without needing to move any other vehicle occupying a parking space.
         h.   No parking area shall be designed in such a manner that exiting a parking area would require backing into a street.
         i.   If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than eight (8) spaces, none of those spaces may be located in such a manner that would require backing into an alley.
      4.   Partition Of Large Parking Areas: Surface parking areas that are larger than forty five thousand (45,000) square feet or that have any perimeter dimension greater than three hundred feet (300') must be divided into smaller, connected lots to slow traffic movement, improve pedestrian safety, and reduce the visual impact of large parking areas. The following design techniques must be utilized to meet this standard. These design techniques may also be utilized as a means of meeting the pedestrian circulation standards of the base zone. (See figure 5A.4 of this subsection H4.)
         a.   Divide the parking into separate areas with the use of drives and landscape medians. These "separate areas" should have no dimension greater than approximately two hundred feet (200').
         b.   The parking layout should ensure that no aisle of parking is longer than approximately two hundred feet (200') without being end capped and crossed by a drive or landscaped median.
         c.   Some parking areas may not easily accommodate the techniques described above, such as long and narrow parking lots, so other options may be approved by the Director of Planning and Community Development, such as the use of landscaped islands to interrupt parking aisles and provide opportunities for pedestrian crossings.
Figure 5A.4 - Partition Of Parking Lots/Separation Of Aisles And Drives
 
   I.   Landscaping And Tree Requirements Within Parking Areas:
      1.   Applicability:
         a.   Parking areas that contain more than eighteen (18) parking spaces must be designed to include trees and planting areas according to the requirements of this subsection.
         b.   If the number of parking spaces in an existing parking area is increased to accommodate more than eighteen (18) parking spaces, then the newly added parking area must comply with the requirements of this subsection.
         c.   If an existing parking area, which is not constructed with a permanent durable surface according to the construction and design standards above, is subsequently required to be surfaced or altered in any way, the provisions of this subsection shall apply as if the parking area did not previously exist.
         d.   Parking ramps, covered parking areas, and parking areas that are an integral part of a building are exempt from the requirements of this subsection. However, in such cases, certain perimeter landscaping may be required according to the provisions of the base zone.
      2.   Requirements:
         a.   Trees must be planted or preserved on the site so that every parking space or portion thereof is within forty feet (40') of a small tree or within sixty feet (60') of a large tree.
         b.   In addition to the required trees, all medians, islands and other planting areas within the parking area must be landscaped with turf, grasses, low shrubs or other living cover. Planting areas at the ends of parking aisles must consist of low growing varieties of shrubs, grasses, and ground cover (2 feet in height or less) so as not to impede vehicular sight lines. Landscape medians along drives and pedestrian walkways may utilize larger shrubs and plants to visually break up the appearance of large parking areas and buffer pedestrian walkways. Trees may be planted in any median or planting island, provided the median or island meets the minimum planting area size specified in chapter 5, article E, "Landscaping And Tree Standards", of this title.
         c.   Planting areas must be separated from parking spaces, drives, aisles, and alleys with unmountable curbs or barriers at least five inches (5") in height. Curbs and barriers must be constructed in a manner that will prevent salt and sand from storm water runoff from damaging trees and plantings. The city may waive this requirement when drainage swales are utilized to facilitate storm water runoff.
         d.   The design of any drainage swales proposed must be approved by the city. Drainage swales must be planted with salt tolerant prairie grasses, sedges and reeds that will slow runoff and allow ground infiltration. The plants used in such swales must be approved by the city.
         e.   Coniferous trees may not be used to satisfy parking lot coverage requirements.
         f.   Trees planted to meet the street tree requirements or to meet the tree requirements for residential uses (see chapter 5, article E of this title) may also be used to fulfill the requirements of this subsection; provided, that no parking space is further than forty feet (40') from a small tree or sixty feet (60') from a large tree.
         g.   All trees and landscaping within parking lots are subject to the provisions of sections 14-5E-3, "General Requirements And Measurements", 14-5E-4, "Tree Planting Requirements", 14-5E-5, "Protection And Maintenance", and 14-5E-6, "Preservation Of Existing Trees", of this title.
   J.   Screening And Setback Requirements: Parking areas must be set back from rights of way and abutting properties and screened from view according to applicable setback and screening provisions of the subject base zone.
   K.   Design Of Bicycle Parking Areas:
      1.   The minimum size for a bicycle parking space is one and one-half feet by six feet (1.5' X 6'). Where required for access, a minimum aisle width of four feet (4') shall be provided.
      2.   Bicycle parking areas must be constructed of asphaltic cement concrete, Portland cement concrete or manufactured paving materials, such as brick. However, the city building official may permit the use of rock or gravel areas for bicycle parking, provided edging materials are used so that the bicycle parking area is clearly demarcated and the rock material is contained.
      3.   Required bicycle parking racks must be designed to support the bicycle by its frame and allow the use of either a cable lock or a U-shaped lock. Bicycle parking racks shall be installed a minimum of two feet (2') from any curb, pavement edge, parking space, drive, walkway, or obstruction such as a well wall, fence, doorway, or landscaping. Bicycle lockers and secure indoor storage facilities are also allowed.
      4.   Bicycle parking facilities shall be located in a clearly designated, safe, visible, and convenient location and shall be located so as not to impede pedestrian or vehicular traffic. Bicycle parking is allowed in front and side building setbacks in all zones; provided, that such a parking area results in no more than twenty five percent (25%) of the required setback area being paved.
   L.   Special Vehicle Parking And Storage Requirements In Single-Family Zones, T3 Neighborhood Edge Zone, And T3 Neighborhood General Zone: The provisions of this subsection apply in all single-family residential zones and the above listed Form-Based Zones. For purposes of this subsection, a “special vehicle” is defined as any device, more than seven and one-half feet (7.5') in height and more than twenty feet (20') in length, which is or may be transported or drawn upon a highway, street, or body of water, including, without limitation, any motor vehicle, truck, trailer, tractor, wagon, watercraft or any combination thereof exceeding these dimensions. A storage area for a special vehicle includes any space equal in size to the outer perimeter of the subject special vehicle that is used for storage of such a vehicle. The following provisions apply to all such special vehicles:
      1.   A special vehicle may be stored inside any building, provided it is not stored in a required parking space.
      2.   A special vehicle stored outside a building must comply with the following standards:
         a.   The vehicle must be in operational condition and properly licensed as required by state and federal law.
         b.   The special vehicle must belong to the owner or tenant of the property on which the vehicle is located, except for special vehicles of guests, as provided in subsection L2c of this section.
         c.   A special vehicle may not be used for dwelling purposes except as temporary lodging for guests of the property owner or tenant. Such temporary lodging may occur for no more than twenty one (21) consecutive days nor may temporary lodging exceed a total of forty five (45) days in any calendar year. An extension may be approved by the city manager or designee.
         d.   The special vehicle may not be used for storage of items other than those considered to be part of the unit.
         e.   The storage area must be surfaced with crushed rock, asphalt, concrete or a similar surface designed and maintained to prevent muddy conditions, erosion from the flow of water onto adjoining property and weed growth. In cases where crushed rock is used, the perimeter of a storage area must be lined with bricks, landscape timbers or similar material that will effectively contain the crushed rock.
         f.   (1) A special vehicle may not be parked or stored on a vacant residential lot.
            (2)   No special vehicle may be stored in a front setback, except on a regularly constructed aisle for a period of no more than four (4) days for the purpose of loading and unloading.
            (3)   A special vehicle may be stored in the required rear setback or the required side setback, provided the outer edge of the storage area is no closer than three feet (3') to a side lot line or to a rear lot line of a reversed corner lot.
            (4)   The city manager or designee may permit outside storage of a special vehicle in the required front setback or the required side setback along a street, provided:
               (A)   Storage space is not available in the side or rear setback or there is no access to either the side or rear setback. For purposes of this provision, a corner lot will always be deemed to have access to the rear setback. Accessory structures and buildings less than one hundred sixty (160) square feet in area and vegetation that is transplantable are not deemed to prevent access.
               (B)   Inside storage is not possible because the size of the special vehicle exceeds either the space available or the size of the entrance available in any existing building, or both.
               (C)   The special vehicle is parked perpendicular to the street.
               (D)   The special vehicle storage area is screened from view of the street using landscaping, a fence or a wall. Fences, walls, and hedges must meet the applicable standards specified in chapter 4, article C, "Accessory Uses And Buildings", of this title.
               (E)   No part of the special vehicle extends beyond the property line or over a public right of way. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4220, 7-18-2006; Ord. 06-4245, 12-12-2006; Ord. 14-4586, 6-3-2014; Ord. 16-4675, 9-20-2016; Ord. 17-4703, 5-2-2017; Ord. 19-4779, 2-19-2019; Ord. 21-4866, 11-16-2021; Ord. 22-4882, 6-21-2022; Ord. 23-4914, 11-6-2023)

14-5A-6: OFF STREET LOADING REQUIREMENTS:

   A.   Applicability: In all zones, except the CB-5 and CB-10 zones, off street loading spaces must be provided and maintained in compliance with the requirements of this section.
   B.   Off Street Loading Requirements: Any nonresidential use that receives or distributes materials or merchandise by trucks or vans and that has an aggregate gross floor area of ten thousand (10,000) square feet or more must provide the minimum number of loading spaces as indicated in table 5A-4 of this section. (Ord. 05-4186, 12-15-2005)
Table 5A-4: Off Street Loading Requirements
 
Aggregate Gross Floor Area (Square Feet)
Required Number Of Loading Spaces
10,000 to 20,000
1
20,001 to 40,000
2
40,001 to 80,000
3
80,001 to 120,000
4
120,001 to 160,000
5
For each additional 80,000
1 additional
 
(Ord. 05-4186, 12-15-2005; amd. Ord. 14-4586, 6-3-2014)
   C.   Rules For Computing Minimum Loading Requirements:
      1.   Where a fractional space results, the number of loading spaces required is the closest whole number. A half space will be rounded down.
      2.   Any use that is nonconforming with regard to the number of required loading spaces is subject to the applicable provisions of chapter 4, article E, "Nonconforming Situations", of this title.
   D.   Use And Restrictions:
      1.   The use of required loading spaces is reserved for loading. Other uses of required loading areas are not permitted, except as approved for a temporary use. (See chapter 4, article D, "Temporary Uses", of this title.)
      2.   The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles or the major repair of vehicles in required loading areas is prohibited.
   E.   Design And Maintenance Requirements: All loading spaces must be constructed of asphalt, concrete or similar permanent dust free surface and in accordance with the following requirements:
      1.   Loading spaces must be a minimum of ten feet (10') wide, twenty five feet (25') long and twelve feet (12') high, exclusive of aisles. When more than two (2) spaces are required, the spaces, other than the first two (2), must be at least twelve feet (12') wide, seventy two feet (72') long and fourteen feet (14') high.
      2.   All loading spaces must be pitched and drained to prevent the flow of water from such areas onto streets and alleys that do not have adequate drainage facilities as determined by the city engineer.
   F.   General Location Standards:
      1.   Loading spaces must be located so that trucks or vans loading or unloading do not back onto or out of a street.
      2.   Off street loading areas are subject to the location and setback requirements specified in the base zone.
   G.   Screening Requirements: Loading areas must be screened from view according to applicable screening provisions of the base zone. (Ord. 05-4186, 12-15-2005)

14-5B-1: FINDINGS, PURPOSE AND INTERPRETATION:

Signs can obstruct views, distract motorists, displace alternative uses for land and pose other problems that legitimately call for regulation.
The purpose of this article is to regulate the size, illumination, movement, materials, location, height and condition of all signs placed on private property meant to be visible to the public from a street or other public right of way thus enhancing and protecting the physical appearance and safety of the community, protecting property values and the character of the various neighborhoods, and preserving Iowa City's areas of natural, historic and scenic beauty.
These regulations are intended to reduce distractions and obstructions contributing to traffic accidents; reduce hazards caused by signs projecting over the public right of way; provide a reasonable opportunity for all sign users to display signs without interference from other signage.
These regulations are further intended to provide fair and equitable treatment for all sign users; to allow for creative design; to encourage economic development; to distinguish between areas designed primarily for auto oriented commerce and areas designed for residential living or pedestrian oriented commerce; and to establish a reasonable period of time for the elimination of nonconforming signs.
This article allows adequate communication through signage while encouraging aesthetic quality and creativity in the design, location, size and purpose of all signs. This article must be interpreted in a manner consistent with the first amendment guarantee of free speech. A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein must be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intention of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified above. These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.
The regulations are not intended to and do not apply to signs erected, maintained or otherwise posted, owned or leased by the city, state or federal government.
A sign displaying a noncommercial message of any type is allowed anywhere that commercial signs are allowed, subject to the same regulations applicable to such commercial signs to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular commercial message over any other noncommercial message. (Ord. 16-4685, 11-15-2016)

14-5B-2: GENERAL RULES AND APPLICABILITY:

   A.   Applicability: All signs on private property must be installed, maintained, and/or removed according to the provisions of this article, unless specifically exempted or superseded by more specific provisions of this title.
   B.   Permit Required:
      1.   No sign requiring a permit in accordance with the requirements of this article shall be installed, altered, moved, improved or converted without first obtaining a sign permit from the building official or designee according to the procedures specified in chapter 8, "Review And Approval Procedures", of this title. A permit is not required for incidental repairs or routine maintenance.
      2.   Certain types of signs are allowed without a permit and such exemption from the sign permit requirements is clearly specified in the tables included in sections 14-5B-8 and 14-5B-9 of this article. A permit is required for any sign that is not specifically exempted from the permit requirements.
   C.   Sign Installer's License Required:
      1.   Except for those signs not requiring a permit, as listed in sections 14-5B-8 and 14-5B-9 of this article, it shall be unlawful for any person to install, alter, move, improve, remove or convert any sign without having a sign installer's license in good standing issued by the city. A onetime sign installer's license shall be available to a tenant or owner of a building to permit the tenant's or owner's own sign to be installed.
      2.   The license to install, alter, move, improve, remove or convert any sign as required herein shall be known as a "sign installer's license" and shall be issued by the city to the person desiring to perform the work indicated above. No such license shall be issued to any person until such person shall have paid to the city a license fee as established by resolution of city council and shall have filed with the department of housing and inspection services a copy or a certificate of a contractor's public liability insurance policy with coverage limits as set out in this code. The city shall be designated as an additional insured, and the policy shall provide that the city is to be notified thirty (30) days in advance of the termination of the policy. The license shall indemnify and save harmless the city from any and all damage, judgment, cost or expense which the city may incur or suffer by reason of said license issuance.
      3.   All sign installer's licenses shall expire on December 31 of each year. Renewal fees and reinstatement fees shall be as established by resolution of the city council. Any license that has expired may be reinstated within sixty (60) calendar days after the expiration date upon payment of an additional reinstatement fee.
      4.   A onetime sign installer's license shall be valid for thirty (30) days from the date of issuance.
      5.   The building official or designee is responsible for enforcement of these provisions and is empowered to suspend or revoke a sign installer's license for a violation of the sign regulations or if the license was obtained by fraud or if the license allows any person not employed by the sign installer without a valid installer's license to do or cause to be done any work requiring a license.
      6.   A person aggrieved by the revocation, suspension or denial of a license may appeal said action to the board of adjustment.
      7.   If a license is revoked for any reason, another installer's license shall not be issued to such person for twelve (12) months after revocation.
   D.   Application Of State Law: In any case in which the code of Iowa, as amended, contains more restrictive requirements than the regulations contained herein, the code of Iowa, as amended, will govern. (Ord. 08-4319, 11-3-2008; amd. Ord. 20-4833, 11-17-2020)

14-5B-3: GENERAL LOCATION STANDARDS:

   A.   Location Standards For All Zones:
      1.   No sign shall be located in violation of the intersection visibility standards set forth in article D of this chapter.
      2.   All nonbuilding signs, and all parts thereof, must be set back at least five feet (5') from any property line, with the following exception: Signs may be located closer than five feet (5') to a property line at ten feet (10') or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide base signs must not be located closer than ten feet (10') to any right of way or closer than thirty feet (30') to any street curb.
      3.   Building signs must comply with the building setback requirements of the base zone. No part of a building sign or sign support may overhang a property line, unless specifically allowed in this article.
      4.   For any sign that is allowed to project over the public right of way according to the provisions of this article, a use of public right of way agreement must be signed by the property owner as a part of the permitting process.
      5.   No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape.
   B.   Signs Adjacent To Residential Zones:
      1.   Any sign located in a nonresidential zone, but within one hundred feet (100') of a residential zone is subject to the standards and limitations of subsection 14-5B-8C, "Sign Standards In CO-1, CN-1 And MU Zones", of this article.
      2.   Electronic changeable copy signs are not allowed within one hundred feet (100') of a residential zone, except for allowed time and temperature signs, as defined in chapter 9, article C, "Sign Definitions", of this title.
      3.   In nonresidential zones, except for fascia signs, no sign shall be located in the required front building setback area within fifty feet (50') of a residential zone.
      4.   Fascia signs located in nonresidential zones and within fifty feet (50') of a residential zone on the same side of the street shall not be placed on the wall of the building facing the residential zone. (Ord. 08-4319, 11-3-2008)

14-5B-4: CONSTRUCTION AND MAINTENANCE REQUIREMENTS:

   A.   Construction: All signs, except for temporary signs, shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and loads as required by the building code. (Ord. 08-4319, 11-3-2008)
   B.   Minimum Clearance Height: The minimum clearance height is measured from ground level to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is ten feet (10'). For freestanding wide base signs, the bottom of the sign face must be a minimum of ten feet (10') above ground level, except if the sign is fifteen feet (15') or less in height. For these shorter wide based signs, the bottom of the sign face must be a minimum of three feet (3') above ground level. For storefront projecting signs and canopy signs, the minimum clearance height is eight feet (8'). Minimum clearance height is ten feet (10') for entranceway signs across driveways and eight feet (8') for entranceway signs across walkways. (Ord. 16-4685, 11-15-2016)
   C.   Maintenance: All signs shall be maintained in such a manner as to avoid becoming a hazardous sign.
   D.   Changeable Copy:
      1.   Copy Changed Manually: Any sign may contain copy that is changed manually, unless precluded by definition or specifically prohibited herein.
      2.   Copy Changed Electronically: Signs where the copy is changed by electronic means are only allowed as specified below:
         a.   The sign must be located in a commercial zone or in a public zone. However, electronic changeable copy signs are not allowed within one hundred feet (100') of a residential zone, except for allowed time and temperature signs, as defined in chapter 9, article C, "Sign Definitions", of this title. On properties zoned public, electronic changeable copy signs are not allowed where said sign would be visible from any adjacent residential zone. (Ord. 08-4319, 11-3-2008)
         b.   Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI-1, CC-2, CB-2, CB-5 and CB-10 zones, a "time and temperature sign", as defined in chapter 9, article C, "Sign Definitions", of this title, shall not count toward the one sign limit. (Ord. 08-4319, 11-3-2008; amd. Ord. 16-4685, 11-15-2016)
         c.   The changeable copy may not be animated. (See definition of "animated sign" in chapter 9, article C, "Sign Definitions", of this title.) The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently.
         d.   The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make use of the words, "stop", "go slow", "caution", "drive-in", "danger", or any other word, phrase, symbol or character in such a way as to interfere with, mislead or confuse traffic.
         e.   The sign must comply with the illumination standards as specified in subsection E of this section. (Ord. 08-4319, 11-3-2008)
         f.   In the MU, CO-1, and CN-1 zones, electronic changeable copy is only allowed on a time and temperature sign. (See definition of "time and temperature sign" in chapter 9, article C of this title.) The electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed forty percent (40%) of the area of the sign face. (Ord. 08-4319, 11-3-2008; amd. Ord. 16-4685, 11-15-2016)
         g.   In public zones and in CH-1, CI-1, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed forty percent (40%) of the area of the sign face. On freestanding and freestanding wide base signs, the electronic changeable copy portion of the sign may not exceed forty percent (40%) of the area of the sign face. For monument signs, the electronic changeable copy portion of the sign may not exceed fifty percent (50%) of the area of the sign face.
         h.   In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time and temperature signs and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed forty percent (40%) of the area of the sign face. On monument signs, the electronic changeable copy portion of the sign may not exceed seventy five percent (75%) of the area of the sign face. (Ord. 08-4319, 11-3-2008)
         i.   In the CB-10 Zones, electronic changeable copy is only allowed on time and temperature signs and window signs as permitted for indoor recreational uses in section 14-5B-8, table 5B-4 of this article. (Ord. 16-4685, 11-15-2016)
   E.   Illumination Requirements: Illuminated signs must conform to the following requirements: (Ord. 08-4319, 11-3-2008)
      1.   Except for signs in the ID and Residential Zones, all permitted signs may be internally or externally illuminated. All signs permitted in the ID and Residential Zones may only be externally illuminated with white light, except that institutional uses in the PRM Zone may have one sign internally illuminated. (Ord. 18-4735, 1-2-2018)
      2.   Illumination through the use of exposed lamps or inert gas tubes is allowed, provided the exposed lamp does not exceed eleven (11) watts or that an inert gas tube does not draw more than sixty (60) milliamps. When inside frosted lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed twenty five (25) watts.
      3.   Illumination through the use of LEDs is allowed only as specified for electronic changeable copy. All signs using LEDs must have installed ambient light monitors and must at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels. The electronic changeable copy must be monochromatic. It must utilize a dark background with only the message or image lit in a single color.
      4.   Artificial external light sources used to illuminate a sign face must be located and shielded such that the bulb is not directly visible from any adjacent residentially zoned property or public right-of-way and must use a narrow cone of light that does not extend beyond the illuminated sign face.
      5.   Illumination on a property, including illumination from signs, must not exceed 0.5 initial horizontal foot-candle and 2.0 initial maximum foot-candles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned residential, CN-1, or CO-1.
      6.   All illuminated signs are subject to the provisions of the Electrical Code, including any permit fees.
      7.   Permit applications for electronic changeable copy signs must include a copy of the manufacturer's operating manual, including any recommended standards for brightness and other display operations.
      8.   For electronic changeable copy signs, whether the sign is programmed from the site or from a remote location, the computer interface that programs the sign shall be made available to City staff for inspection upon request. If the computer interface is not immediately available, the sign shall cease operation until such program can be provided. (Ord. 08-4319, 11-3-2008)

14-5B-5: NONCONFORMING SITUATIONS:

   A.   Nonconforming Signs: All legally nonconforming signs must comply with the provisions specified for nonconforming signs in chapter 4, article E, "Nonconforming Situations", of this title. Signs deemed "historic" may be eligible for a special exception according to the provisions specified in chapter 4, article E, "Nonconforming Situations", of this title. (Ord. 08-4319, 11-3-2008)
   B.   Signs For Nonconforming Uses: A nonconforming use is permitted to have the same amount and type of signage as would be allowed for such use in the most restrictive zone in which such use is allowed. (Ord. 16-4685, 11-15-2016)

14-5B-6: PROHIBITED SIGNS:

   A.   Regulations Are Exclusionary: These regulations are intended to be exclusionary. Any type of sign not specifically listed in this article is prohibited. In addition, the following signs are specifically prohibited in all zones:
      1.   Animated signs, except for barbers' poles and three- dimensional storefront projecting signs as expressly permitted by this article.
      2.   Hazardous signs.
      3.   Obsolete signs.
      4.   Painted wall signs except for wall mural painted signs.
      5.   Portable signs, including signs on wheels, trailers, and truck beds, but excepting those portable signs expressly permitted by this article.
      6.   Roof signs.
      7.   Searchlights.
      8.   Spinners, balloons, pennants, or other similar devices.
      9.   Swinging signs except for storefront projecting signs.
      10.   Banners except for banner projecting signs as expressly permitted in this article and banners permitted in section 14-5B-8, table 5B-4 of this article.
      11.   No vehicle, including trailers, shall be parked so that it functions primarily as a sign. A vehicle will be considered in violation of this provision if the questions in subsections A11a through A11c of this section can be answered in the affirmative, and there is no compelling answer to the question in subsection A11d of this section to justify the parking location as opposed to some less conspicuous location.
         a.   Is the vehicle parked at a prominent location?
         b.   Can people driving by the sign easily read the sign?
         c.   Is the vehicle in the same or similar locations for several hours during the same day or for several days during the same week?
         d.   Are there any stated or apparent reasons, other than for signage purposes, that justify the vehicle being at that location? (Ord. 16-4685, 11-15-2016)
   B.   Removal Of Prohibited Or Illegal Signs: In accordance with the following procedure, the building official or designee is authorized to require the removal of any illegal or prohibited sign:
      1.   Before taking action to require the removal of any illegal or prohibited sign, the building official or designee will provide written notice to the owner or operator of the business to which the sign relates.
      2.   The notice will specify that the illegal or prohibited sign must be removed or brought into compliance with this article within a reasonable time of such notice.
      3.   If the sign is not removed or repaired, as the case may be, within the time allowed, the building official or designee is hereby authorized to have the sign removed to be used as evidence and assess the costs of removal against the property for collection in the same manner as a Property Tax. (Ord. 08-4319, 11-3-2008)

14-5B-7: MEASUREMENT STANDARDS:

   A.   Maximum Sign Area:
      1.   Where the size of a sign is regulated by the area of a wall, an awning or a canopy, the maximum sign area is calculated as a percentage of the total area of the wall, the awning, or the canopy on which the sign is affixed.
      2.   For entranceway signs located on the front elevation of the subject archway, the maximum sign area is calculated as a percentage of the total area delineated by the archway. For entranceway signs located on the side of the archway, the maximum sign area is calculated as a percentage of the surface area of the side of the archway support on which the sign is located. Figure 5B.1 of this section illustrates how to measure the total area delineated by the archway and the surface area of the side of the archway support. The total area delineated by the archway in figure 5B.1 of this section equals x(y). The surface area of the side of the archway support in figure 5B.1 of this section equals a(b).
FIGURE 5B.1
 
      3.   The total building signage on a wall, canopy, or awning shall not exceed the maximum sign allowance for that wall, canopy, or awning, regardless of the number of uses or occupants in the building. For example, if the maximum sign area for fascia signs is fifteen percent (15%), then no more than fifteen percent (15%) of any single wall of the building may be covered by fascia signs, regardless of how many businesses are located in the building.
   B.   Measuring Sign Area: The area of each sign, regardless of shape, shall be computed by determining the area of a triangle, rectangle or circle that completely encloses the outer perimeter of the sign face. In the case of a sign composed of characters or words that are attached directly to a building, an appurtenance to a building, or a masonry wall, the area of the sign will be computed by determining the area of a triangle, rectangle, or circle that completely encloses the whole group of characters or words.
   C.   Measuring Sign Height: The maximum height of a sign shall be the measurement from grade to the highest point on the sign. In the case where a minimum height is established, the minimum height shall be measured from grade to the lowest point on the sign. (Ord. 08-4319, 11-3-2008)

14-5B-8: SIGNS PERMITTED BY ZONE:

   A.   Sign Standards For ID And OPD Zones:
      1.   Permitted Signs:
         a.   Single-family uses and two-family uses are not allowed to install permanent signs, except for one small identification building sign and one integral sign, as specified in table 5B-1 of this section. (Ord. 08-4319, 11-3-2008; amd. Ord. 16-4685, 11-15-2016)
         b.   Institutional uses in ID-RS and ID-RM Zones are permitted two (2) identification signs from the following types: fascia, awning, canopy, monument or masonry wall sign. One sign for an institutional use may also include copy announcing its services or activities. All other nonresidential uses in the ID-RS and ID-RM Zones are permitted one identification sign from the following types: fascia, awning, canopy or monument sign. (Ord. 18-4735, 1-2-2018)
         c.   Signage for nonresidential uses in the ID-C, ID-I, and ID-RP Zones must comply with the sign regulations contained in subsection C, "Sign Standards In CO-1, CN-1 And MU Zones", of this section.
         d.   Residential uses in any OPD Zone are permitted signage in accordance with the requirements of the underlying residential zone. Nonresidential uses approved as part of a planned development are permitted signage in accordance with the sign regulations contained in subsection C, "Sign Standards In CO-1, CN-1 And MU Zones", of this section.
      2.   Sign Specifications And Provisions:
         a.   All signs for residential uses in the ID and OPD Zones are subject to the standards specified in table 5B-1 of this section.
         b.   All signs in the ID-RS and ID-RM Zones are subject to the standards specified in table 5B-1 of this section.
         c.   All signs for nonresidential uses in the ID-C, ID-I, and ID-RP Zones are subject to the standards specified in table 5B-2 of this section.
         d.   In the OPD Zone, all signs for nonresidential uses approved as part of a planned development are subject to the standards specified in table 5B-2 of this section. (Ord. 08-4319, 11-3-2008)
   B.   Sign Standards For All Residential Zones:
      1.   Permitted Signs:
         a.   Principal uses, other than single-family uses and two-family uses, are permitted one identification sign from the following types: fascia, awning, canopy or monument sign. Institutional uses are permitted two (2) identification signs from the following sign types: fascia, awning, canopy, monument or masonry wall sign. One sign for an institutional use may also include copy announcing its services or activities. (Ord. 18-4735, 1-2-2018)
         b.   Parks and open space uses are permitted entranceway signs as specified in table 5B-1 of this section.
         c.   Single-family uses and two-family uses are not allowed to install permanent signs, except for one small identification building sign and one integral sign as specified in table 5B-1 of this section.
         d.   One monument sign is permitted at each street entrance of a subdivision or development of two (2) acres or more. The maximum sign area is thirty two (32) square feet per side - may be double faced for a total of sixty four (64) square feet - maximum height is five feet (5'). All other monument signs are permitted as specified in table 5B-1 of this section. (Ord. 16-4685, 11-15-2016)
      2.   Sign Specifications And Provisions: All signs in residential zones are subject to the standards specified in table 5B-1 of this section.
Table 5B-1: Sign Specifications And Provisions In Residential And The ID And OPD Zones
Permitted Signs
Zone
Maximum Sign Area
Maximum Height And Special Provisions
Permitted Signs
Zone
Maximum Sign Area
Maximum Height And Special Provisions
Awning signs1
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
12 sq. ft. or 25% of awning surface, whichever is less
Maximum height: Top of first story
 
Limited to identification only
 
Not allowed for single-family and two-family uses
Canopy signs1
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
Sign cannot exceed 90% of street-facing canopy length and no more than 15 inches in height
Signs may be mounted on the face of the canopy, upright on the top of the canopy or underneath the canopy. Signs mounted on the face of the canopy may not extend beyond the edges of the canopy. Signs mounted on the top of the canopy or underneath the canopy must consist of individual letter forms and may not extend more than 15" in height above or below the canopy. The bottom of the canopy or any letter forms attached underneath the canopy must be, at minimum 8' above the level of the adjacent grade
 
Canopy signs may not be illuminated
Directional signs
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
2 sq. ft. per face
 
May be double faced for total area of 4 sq. ft.
--
Entranceway signs
Allowed for parks and open space uses in any residential zone, ID Zone, or OPD Zone
For signs located above or across the top of the subject archway, the area of the sign may not exceed 25% of the area delineated by the subject archway
Maximum height: 20'
 
Up to 1 sign per facade of the subject archway
 
The sign may not contain changeable copy
For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. (See section 14-5B-7, "Measurement Standards", of this article.)
Sign copy may not extend beyond the edges of the entranceway structure
 
Minimum clearance height is 10' for entranceway signs across driveways and 8' for entranceway signs across walkways
         Entranceway signs are not allowed if the subject lot or tract already has a monument sign located at the subject entrance
Fascia signs1
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12
4 sq. ft., except institutional uses are allowed 12 sq. ft.
Maximum height: Top of first story
 
Limited to identification only, except as allowed for institutional uses
 
Not allowed for single-family and two-family uses
ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
12 sq. ft.
Integral signs
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
2 sq. ft.
Up to 1 of these signs is allowed per building
 
No permit is required
Masonry wall signs
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
12 sq. ft.
1' less than the height of the masonry wall
 
Limited to institutional uses
Monument signs1
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12
12 sq. ft. per sign face
 
May be double faced for a total area of 24 sq. ft.
Maximum height: 5'
 
Limited to identification only, except as allowed for institutional uses
 
Not allowed for single-family and two-family uses
ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
24 sq. ft. per sign face
 
May be double faced for a total area of 48 sq. ft.
Maximum height: 5'
 
Limited to identification only, except as allowed for institutional uses
 
Not allowed for single-family and two-family uses
Small identification signs
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM
2 sq. ft.
The sign must be a building sign
 
Up to 1 of these signs is allowed per building
 
No permit is required
 
Note:
    1.    See subsections A1b and B1a of this section for the number of signs allowed.
(Ord. 16-4685, 11-15-2016; amd. Ord. 18-4735, 1-2-2018)
   C.   Sign Standards In CO-1, CN-1 And MU Zones:
      1.   All signs in the CO-1, CN-1, and MU Zones are subject to the standards specified in table 5B-2 of this section, except signage for residential uses must comply with the requirements for residential uses in the RM Zones as stated in table 5B-1 of this section.
Table 5B-2: Sign Specifications And Provisions In The CO-1, CN-1, And MU Zones
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Awning signs
25% of awning surface
Top edge of first story awning
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs. Awning signs are only allowed on first story awnings
Barbers' poles
--
--
Maximum diameter: 9"
 
Maximum length: 3'
Canopy signs
Sign cannot exceed 90% of street-facing canopy length and no more than 24" in height
Top edge of first story canopy
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs
Signs may be mounted on the face of the canopy, upright on the top of the canopy or underneath the canopy. See applicable dimensional provisions for each type
Signs mounted under a canopy with the face perpendicular to the building will be considered storefront projecting signs and regulated accordingly. Said signs may not project beyond the outer edge of the canopy
Signs mounted on the face of the canopy may not project beyond the edges of the canopy
Signs mounted on the top of the canopy must consist of individual letter forms and may not extend more than 24" in height above the canopy
Canopy signs may be internally or externally illuminated or halo backlit
Directional signs
3 sq. ft. per sign face
 
May be double faced for total area of 6 sq. ft.
--
--
Entranceway signs
For signs located above or across the top of the subject archway, the area of the sign may not exceed 25% of the area delineated by the subject archway
 
For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. (See section 14-5B-7, "Measurement Standards", of this article.)
20'
Up to 1 sign per facade of the subject archway
 
The sign may not contain changeable copy
 
Sign copy may not extend beyond the edges of the entranceway structure
 
Minimum clearance height is 10' for entranceway signs across driveways and 8' for entranceway signs across walkways
 
Entranceway signage as specified herein will count as 1 sign toward the total limit for monument signs on a lot or tract. Entranceway signs are not allowed if the subject lot or tract already has a monument sign located at the subject entrance
Fascia signs
15% of sign wall area
Top of first story
Parapet signs are allowed only on one-story buildings
Flags
--
--
1 additional flag may be displayed in conjunction with any city, county, state or federal flags
 
No permit is required
Identification and integral signs
2 sq. ft. except as allowed in provisions
--
No permit is required
 
A larger integral sign may be allowed when said sign delineates the name of the building. Size shall be regulated as a fascia sign. A permit is required
Monument signs
Up to 2 sq. ft. of sign area per linear foot of lot frontage, not to exceed 50 sq. ft. per sign face
 
May be double faced for a total area of 100 sq. ft. per sign
5'
2 or more uses on a single lot may share a common monument sign
 
The number of monument signs on a lot or tract is limited as follows:
 
• For lots or tracts with less than 160' of frontage on a single street, only 1 monument sign is permitted along that frontage
 
 
 
• For lots or tracts with 160 to 300' of frontage along a single street, up to 2 monument signs are permitted. The monument signs must be at least 150' apart as measured along the frontage
 
 
 
• For lots or tracts with frontage in excess of 300' along a single street, up to 3 monument signs are permitted, provided the signs are at least 150' apart as measured along the frontage
 
 
 
• For lots or tracts with frontage along more than 1 street, each frontage is allowed signs based on the formulas stated above up to a maximum of 5 signs. Any sign that is located within 25' of a corner (at the point where property lines intersect) will count as 2 signs; 1 toward the sign allowance for each frontage
Storefront projecting signs
9 sq. ft.
 
May be double faced for a total of 18 sq. ft.
 
The size may be increased up to 18 sq. ft. (may be double faced for a total area of 36 sq. ft.) if the sign and storefront meet the following criteria: The floor to ceiling height of the ground level floor is a minimum of 18' and the sign is vertically proportioned
Top of the first story, located below any second floor windowsill
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs. There must be at least 12' between projecting signs
May not project more than 4' from the building wall
Allowed to be a three- dimensional model of an object, such as a globe or book. If three-dimensional, the sign may rotate
External illumination is permitted provided there are no more than 2 spotlights of no more than 2000 lumens shining directly on the sign and provided they meet the light trespass standards in article G of this chapter
Internal illumination is allowed for halo backlit or neon letters. Internally illuminated plastic trim cap letters and internally illuminated cabinet signs where the entire face of the cabinet is illuminated are prohibited
Shall not project more than 6' into public right of way
If located on or in required storefront windows, window signs shall be displayed or affixed in a manner that does not block views into the interior of the storefrontTime and temperature signs25 sq. ft. per sign face
 
May be double faced for a total of 50 sq. ft.--
Window signs
25% of window area
--
 
   D.   Sign Standards In CH-1, CC-2 And CI-1 Zones:
      1.   All signs in the CH-1, CC-2, and CI-1 Zones are subject to the standards specified in table 5B-3 of this section except that signage for residential uses must comply with the requirements for residential uses in the RM Zones as stated in table 5B-1 of this section.
      2.   The total number of freestanding signs, freestanding wide base signs and monument signs on a lot or tract is limited as follows. Any combination of these three (3) types of signs is allowed within the stated limits.
         a.   For lots or tracts with less than one hundred sixty feet (160') of frontage on a single street, only one (1) such sign is permitted along that frontage. Freestanding wide base signs are not permitted on lots or tracts with less than one hundred sixty feet (160') of frontage. The City Engineer will determine that the location of a wide base freestanding sign will not obstruct the visibility of vehicles entering or exiting the property.
         b.   For lots or tracts with one hundred sixty feet to three hundred feet (160' - 300') of frontage along a single street, up to two (2) such signs are permitted, provided the signs are at least one hundred fifty feet (150') apart as measured along the frontage.
         c.   For lots or tracts with three hundred one feet to six hundred feet (301' - 600') of frontage along a single street, up to three (3) such signs are permitted, provided the signs are at least one hundred fifty feet (150') apart as measured along the frontage.
         d.   For lots or tracts with frontage in excess of six hundred feet (600') along a single street, up to three (3) such signs are permitted, provided the signs are at least one hundred fifty feet (150') apart as measured along the frontage. One (1) additional monument sign is allowed, provided the sign is at least one hundred fifty feet (150') from any other monument, freestanding, or freestanding wide base sign.
         e.   For lots or tracts with frontage along more than one (1) street, each frontage is allowed signs based on the formulas stated in subsections D2a through D2d of this section. However, a maximum of five (5) such signs are allowed on any one (1) lot or tract. Any sign that is located within twenty five feet (25') of a corner (the point where property lines intersect) will count as two (2) signs; one (1) toward the sign allowance for each frontage.
Table 5B-3: Sign Specifications And Provisions In The CH-1, CC-2, And CI-1 Zones
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Awning signs
25% of awning surface
Top edge of first story awning
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs. Awning signs are only allowed on first story awnings
Barbers' poles
--
--
Maximum diameter: 9"
 
Maximum length: 3'
Canopy signs
Signs cannot exceed 90% of street-facing canopy length and be no more than 24" in height
Top edge of first story canopy
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs
Signs may be mounted on the face of the canopy, upright on the top of the canopy or underneath the canopy. See applicable dimensional provisions for each type
Signs mounted under a canopy with the face perpendicular to the building will be considered storefront projecting signs and regulated accordingly. Said sign may not project beyond the outer edge of the canopy
Signs mounted on the face of the canopy may not project beyond the edges of the canopy
Signs mounted on top of the canopy must consist of individual letter forms and may not extend more than 24" in height above the canopy
Canopy signs may be internally or externally illuminated or halo backlit
Directional signs
3 sq. ft. per sign face
 
May be double faced for total area of 6 sq. ft.
--
--
Entranceway signs
For signs located above or across the top of the subject archway, the area of the sign may not exceed 25% of the area delineated by the subject archway
 
For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. (See section 14-5B-7, "Measurement Standards", of this article.)
20'
Up to 1 sign per facade of the entranceway arch
 
The sign may not contain changeable copy
 
Sign copy may not extend beyond the edges of the entranceway structure
 
Minimum clearance height is 10' for entranceway signs across driveways and 8' for entranceway signs across walkways
 
Entranceway signage as specified herein will count as 1 sign toward the total limit for freestanding, freestanding wide base signs and monument signs on a lot or tract. Entranceway signs are not allowed if the subject lot or tract already has a monument sign, freestanding sign, freestanding wide base sign, or masonry wall sign located at the subject entrance
Fascia signs
15% of sign wall area
--
--
Flags
--
--
1 additional flag may be displayed in conjunction with any city, county, state or federal flags
 
No permit is required
Freestanding signs
Individual sign in CC-2 and CI-1:
 
Up to 2 sq. ft. per linear foot of lot frontage, not to exceed 125 sq. ft. per sign face
 
May be double faced for a total area of 250 sq. ft.
 
Individual sign in CH-1: For property within 1,000' of an interstate highway right-of-way, 1 of the property's allotted freestanding signs is allowed to be up to 250 sq. ft. per sign face, which may be double faced for a total area of 500 sq. ft.
 
Common sign: The maximum area of a common sign may be 50% larger than the area of the maximum individual sign allowed
25', however, in the CH-1 District, property within 1,000' of an interstate highway right-of-way may have 1 freestanding sign with a maximum height not to exceed 65'
When 2 or more uses are located on a lot, a common sign may be installed
Freestanding wide base signs
Individual sign: Up to 2 sq. ft. per linear foot of lot frontage, not to exceed 125 sq. ft. per sign face
 
May be double faced for a total of 250 sq. ft.
 
Common sign: The maximum area of a common sign may be 50% larger than the area of the maximum individual sign allowed
26'
Maximum width: 10'
 
When 2 or more uses are located on a lot, a common sign may be installed
Identification and integral signs
2 sq. ft. except as allowed in provisions
--
No permit is required
 
A larger integral sign may be allowed when said sign delineates the name of the building. Size shall be regulated as a fascia sign. A permit is required
Masonry wall signs
Up to 1 sq. ft. per linear foot of lot frontage, not to exceed 50 sq. ft. per sign
 
In addition, the sign may not exceed 15% of the total area of the face of the masonry wall
1' less than the height of the masonry wall, not to exceed 12'
1 masonry wall sign is allowed in lieu of a monument, freestanding, or freestanding wide base sign
Monument signs
Individual sign: Up to 2 sq. ft. per linear foot of lot frontage, not to exceed 50 sq. ft. per sign face
 
May be double faced for a total area of 100 sq. ft.
 
Common sign: The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed
5'
When 2 or more uses are located on a lot, a common sign may be installed
Storefront projecting signs
9 sq. ft.
 
May be double faced for a total of 18 sq. ft.
 
The size of a storefront projecting sign may be increased up to 18 sq. ft. (may be double faced for a total area of 36 sq. ft.) if the sign and storefront meet the following criteria: The floor to ceiling height of the ground level floor is a minimum of 18' and the sign is vertically proportioned
Top of the first story located below any second floor windowsill
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs. There must be 12' between projecting signs
 
May not project more than 4' from the building wall
 
External illumination is permitted provided there are no more than 2 spotlights of no more than 2000 lumens shining directly on the sign and provided they meet the trespass standards in article G of this chapter
 
Internal illumination may be permitted for halo backlit or neon letters. Internally illuminated plastic trim cap letters and cabinet signs where the entire face of the cabinet is illuminated are prohibited
 
Permitted to be a three- dimensional model of an object, such as a globe or book. If three-dimensional, the sign is permitted to rotate
Time and temperature signs
25 sq. ft. per sign face
 
May be double faced for a total area of 50 sq. ft.
--
Permitted only in the CC-2 Zone
 
Signs must not project more than 6' into the public right-of- way
Upper level projecting signs
2 story: 30 sq. ft. with maximum 4' projection from the face of the building
 
3 story: 80 sq. ft. with maximum 5' projection from the face of the building
 
4 story and taller: 150 sq. ft. with a maximum of 6' from the face of the building
 
May be double faced
Cannot extend above the bottom of the cornice and/or roofline at the top of the building and no lower than the bottom of the second floor windowsill
Only permitted when the use occupies the entire building and the building frontage is greater than 60' or when the use is an indoor commercial recreational use or hospitality oriented retail use
 
Sign can be no closer than 5' from adjacent buildings and no closer than 15' from adjacent upper level and storefront projecting signs
 
Internal and external illumination is allowed except internally illuminated plastic trim cap letters and internally illuminated cabinet signs are prohibited
Window signs
25% of window area
--
If located on or in required storefront windows, window signs shall be displayed in a manner that does not block views into the interior of the storefront
 
   E.   Sign Standards In CB-2, CB-5 And CB-10 Zones:
      1.   All signs in the CB-2, CB-5 and CB-10 Zones are subject to the standards specified in table 5B-4 of this section.
      2.   The maximum sign area for each type of sign, special provisions, and any restrictions on the number of signs allowed are specified in table 5B-4 of this section. Unless specifically limited in table 5B-4 of this section, any number of signs may be installed.
      3.   Signage for residential uses must comply with the requirements for residential uses in the RM Zones as stated in table 5B-1 of this section. (Ord. 16-4685, 11-15-2016)
      4.   Cabinet signs where the entire face of the cabinet is internally illuminated are prohibited. Internally illuminated plastic trim cap letters are prohibited, except as specifically allowed in table 5B-4 of this section. (Ord. 18-4735, 1-2-2018)
Table 5B-4: Sign Specifications And Provisions In The CB-2, CB-5 And CB-10 Zones
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Awning signs
25% of awning surface
Top edge of first story awning
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs. Awning signs are only allowed on first story awnings
 
Note: See subsection 14-3C-3C of this title for awning and canopy design standards
 
Banner projecting signs
Same allowances as upper level projecting signs
Same restrictions as upper level projecting signs
Only permitted on multiuse buildings where access to uses is primarily through a common lobby from the street such as an indoor shopping mall or where a single use occupies a large multi-story building with more than 100' of frontage
 
Banners must be mounted perpendicular to the building with permanent brackets at both top and bottom
 
Banners can be no closer than 5' from adjacent buildings and no closer than 15' from adjacent upper level and storefront projecting signs
 
A minimum of 3 banners is required to establish a consistent rhythm and visual impact
Barbers' poles
--
--
Maximum diameter: 9"
 
Maximum length: 3'
Canopy signs
Sign cannot exceed 90% of street-facing canopy length and no more than 24" in height
Top edge of first story canopy
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs
 
Signs may be mounted on the face of the canopy, upright on the top of the canopy or underneath the canopy. See applicable dimensional provisions for each type
 
Signs mounted under a canopy with the face perpendicular to the building facade will be considered storefront projecting signs and regulated accordingly. Said signs may not project beyond the outer edge of the canopy
 
Signs mounted on the face of the canopy may not project beyond the edges of the canopy
 
Signs mounted on the top of the canopy must consist of individual letter forms and may not extend more than 24" in height above the canopy
 
Canopy signs may be internally or externally illuminated or halo backlit
Directional signs
3 sq. ft. per sign face
 
May be double faced for total area of 6 sq. ft.
--
--
Entranceway signs
For signs located above or across the top of the subject archway, the area of the sign may not exceed 25% of the area delineated by the subject archway
 
For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. (See section 14-5B-7, "Measurement Standards", of this article.)
 
20'
Up to 1 sign per facade of the entranceway arch
 
The sign may not contain changeable copy
 
Sign copy may not extend beyond the edges of the entranceway structure
 
Minimum clearance height is 10' for entranceway signs across driveways and 8' for entranceway signs across walkways
 
An entranceway sign is not allowed if the property has a masonry wall sign, monument sign, or freestanding sign
Fascia signs
Square footage equal to 1.5 times the length of the sign wall
--
No longer than 90% of the length of the sign wall, sign band or storefront, whichever is most applicable to the location of the sign
 
Back lit cabinet signs, where the entire face is illuminated, are prohibited
 
Internally illuminated plastic trim cap letter forms are prohibited except for buildings of more than 5 stories when the sign is above the 5th story. Limited to identification only
Flags
--
--
1 additional flag may be displayed in conjunction with any City, County, State or Federal flags
 
No permit is required
Freestanding signs
2 sq. ft. per linear foot of lot frontage, not to exceed 40 sq. ft. per sign face
20'
Allowed only in the CB-2 Zone
 
Only 1 freestanding sign is allowed per lot
 
Allowed only through approval of a minor modification. Applicant must provide convincing evidence that the existing configuration of the site and location of the building or buildings on the site make it practically difficult to install a monument sign and that other types of allowed signage would not be readily visible from the street due to the location of building(s) or other unique site characteristics
 
A freestanding sign is not allowed if the property has a monument sign, entranceway sign, or masonry wall sign
Identification and integral signs
2 sq. ft. except as allowed in provisions
--
No permit is required
 
A larger integral sign 1.5 times the length of the street-facing facade may be allowed when said sign delineates the name of the building. A permit is required
Masonry wall signs
1 sq. ft. per linear foot of lot frontage, not to exceed 50 sq. ft.
 
In addition, the sign may not exceed 15% of the total area of the face of the masonry wall
1' less than the height of the masonry wall, not to exceed 12'
Only 1 masonry wall sign is allowed per lot
 
A masonry wall sign is not allowed if the property has a monument sign, entranceway sign or freestanding sign
Monument signs
24 sq. ft. per sign face
 
May be double faced for a total area of 48 sq. ft.
5'
Only 1 monument sign is allowed per lot or tract
 
When 2 or more uses are located on a lot, a common monument sign may be installed. A common monument sign may identify up to 4 uses per sign face
 
A monument sign is not allowed if the property has a freestanding sign, an entranceway sign, or a masonry wall sign
Portable signs
6 sq. ft. per sign face
 
May be double faced for a total area of 12 sq. ft.
4'
Up to 1 nonilluminated portable sign is allowed per storefront. A maximum of 1 additional sign is allowed for businesses not located on the ground floor, which may be for 1 or more of those businesses
 
The entire sign must be placed: 1) on private property; 2) within or on the fenced delineated area of a sidewalk cafe; or 3) on City right-of-way within an area no more than 30" from the front facade wall and/or front property line of the building containing the business
 
The sign may not block access to any doorway
 
When placed on City right-of- way, a clear, unobstructed 8' path between the sign and any streetscape amenities, planters, delineated sidewalk cafe areas or obstructions must be maintained
 
The sign must be moved inside the business when the business is closed
 
The sign must be constructed of durable materials and weighted to provide stability in all weather conditions. Plastic signs are prohibited
 
External weights separate from the sign itself, such as sandbags, are not permitted
 
A maximum of 2 sign faces are allowed per sign. Sign faces can be separated if placed on a fence for sidewalk cafe permitted
Storefront projecting signs
9 sq. ft.
 
May be double faced for a total of 18 sq. ft.
 
The size of a storefront projecting sign may be increased up to 18 sq. ft. (may be double faced for a total area of 36 sq. ft.) if the sign and storefront meet the following criteria: The floor to ceiling height of the ground level floor is a minimum of 18' and the sign is vertically proportioned
Top of the first story located below any second floor windowsill
Each storefront is allowed up to a total of 3 signs from the following sign types: canopy signs, awning signs, and projecting signs. There must be at least 12' between projecting signs
 
A projecting sign may not project more than 4' from the building wall
 
Storefront projecting signs are permitted to be a three- dimensional model of an object, such as a globe or book. If three- dimensional, the sign is permitted to rotate
 
External illumination is permitted provided there are no more than 2 small spotlights of no more than 2000 lumens shining directly on the sign and provided they meet the light trespass standards in article G of this chapter
 
Internal illumination may be permitted for halo backlit or neon letters
Time and temperature signs
25 sq. ft. per sign face
 
May be double faced for a total area of 50 sq. ft.
--
Signs must not project more than 6' into the public right-of- way
Upper level projecting signs
2 story: 30 sq. ft. with maximum 4' projection from the face of the building
 
3 story: 80 sq. ft. with maximum 5' projection from the face of the building
 
4 story and taller: 150 sq. ft. with a maximum of 6' from the face of the building
 
May be double faced
Cannot extend above the bottom of the cornice and/or roofline at the top of the building and no lower than the bottom of the second floor windowsill
Only permitted when a use occupies the entire building and the building frontage is greater than 60' or when the use is an indoor commercial recreational use or a hospitality oriented retail use
 
Sign can be no closer than 5' from adjacent buildings and no closer than 15' from adjacent upper level and storefront projecting signs
 
Internal and external illumination is allowed except as set forth in subsection E4 of this section
Wall mural painted sign
1.5 times the length in feet of the street- facing facade of the building
--
Sign must be incorporated into a larger mural and can only be placed on an alley facade or a nonstreet-facing facade when it contains a public entrance to a business
Window signs
25% of window area
--
Only permitted in first floor windows
 
If located on or in required storefront windows, window signs shall be displayed or affixed in a manner that does not block views into the interior of the storefront
 
In CB-10 Zones, an indoor recreational use may have an electronic changeable copy window sign. Maximum size permitted is 75 sq. ft. or 25% of the window area, including all other window signs, whichever is less. Subject to all regulations found in section 14-5B-4 of this article
 
(Ord. 16-4685, 11-15-2016; amd. Ord. 17-4702, 4-18-2017; Ord. 18-4735, 1-2-2018)
   F.   Sign Standards In Industrial And Research Park Zones:
      1.   All signs in the I-1, I-2, RDP, and ORP Zones are subject to the standards specified in table 5B-5 of this section.
      2.   The total number of freestanding signs and monument signs on a lot or tract is limited as follows. Any combination of these types of signs is allowed within the stated limits.
         a.   For lots or tracts with less than one hundred sixty feet (160') of frontage on a single street, only one such sign is permitted along that frontage.
         b.   For lots or tracts with frontage in excess of one hundred sixty feet (160') of frontage along a single street, up to two (2) such signs are permitted, provided the signs are located at least one hundred fifty feet (150') apart as measured along the frontage.
         c.   For lots or tracts with frontage along more than one street, each frontage is allowed signs based on the formulas stated in subsections F2a and F2b of this section.
      3.   Masonry wall signs and entranceway signs are limited according to the provisions specified in table 5B-5 of this section.
      4.   Other than for the types of signs listed in subsections F2 and F3 of this section, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in table 5B-5 of this section, are met. (Ord. 08-4319, 11-3-2008)
Table 5B-5: Sign Specifications And Provisions In The Industrial And Research Park Zones
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Awning signs
Must not exceed 25% of awning surface or 12 sq. ft. per sign, whichever is less
Top of first story
--
Canopy signs
Sign cannot exceed 90% of street-facing canopy length and no more than 24" in height
Top of first story
Signs may be mounted on the face of the canopy, upright on the top of the canopy or underneath the canopy. See applicable dimensional provisions for each type
Signs mounted under a canopy may not project beyond the outer edge of the canopy
Signs mounted on the face of the canopy may not project beyond the face of the canopy and must not extend above or below the top and bottom edges of the canopy
Signs mounted on the top of the canopy must consist of individual letter forms and may not extend more than 24" in height above the canopy
Canopy signs may be internally or externally illuminated or halo backlit
Directional signs
In industrial zones: 15 sq. ft. per sign face
 
May be double faced for total area of 30 sq. ft.
 
In research park zones: 3 sq. ft. per sign face
 
May be double faced for total area of 6 sq. ft.
--
--
Entranceway signs
For signs located above or across the top of the subject archway, the area of the sign may not exceed 25% of the area delineated by the subject archway
 
For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. (See section 14-5B-7, "Measurement Standards", of this article.)
20'
Up to 1 sign per facade of the entranceway arch
 
The sign may not contain changeable copy
 
Sign copy may not extend beyond the edges of the entranceway structure
 
Minimum clearance height is 10' for entranceway signs across driveways and 8' for entranceway signs across walkways
 
An entranceway sign is not allowed if the property has a masonry wall sign
Fascia signs
15% of sign wall area
--
--
Flags
--
--
1 additional flag may be displayed in conjunction with city, county, state and federal flags
 
No permit is required
Freestanding signs
1 sq. ft. per linear foot of lot frontage, not to exceed 50 sq. ft. except as allowed in provisions for common signs
 
May be double faced for a total of 100 sq. ft. or as allowed in provisions for common signs
25'
When 2 or more uses are located on a lot, a common sign may be installed. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed
 
Freestanding signs are limited to identification only
Identification and integral signs
2 sq. ft.
--
Up to 1 of these signs is allowed per building
 
No permit is requiredMasonry wall signsUp to 2 sq. ft. per linear foot of lot frontage, not to exceed 75 sq. ft. per sign face
 
May be double faced for a total area of 150 sq. ft.
 
In addition, the sign may not exceed 15% of the total area of the face of the masonry wall1' less than the height of the masonry wallAt each entranceway, up to 2 masonry wall signs may be established, if no freestanding, entranceway, monument or other nonbuilding signs are located at that entranceway
 
In the ORP Zone, masonry wall signs up to 12' in height may be established in the required front setback, provided the signs are located a minimum of 20' back from street right-of-way lines
Monument signs
Up to 2 sq. ft. per linear foot of lot frontage, not to exceed 75 sq. ft. per sign face
 
May be double faced for a total area of 150 sq. ft.
5'
When 2 or more uses are located on a lot, a common sign may be installed. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed
 
Monument signs are limited to identification only
Window signs
25% of window area
--
--
 
(Ord. 16-4685, 11-15-2016)
   G.   Sign Standards For Riverfront Crossings And Eastside Mixed Use Zones:
      1.   In the South Downtown, University, Central Crossings, Park, South Gilbert Subdistricts of Riverfront Crossings and Eastside Mixed Use Zone, signage on mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CB-10 Zone, except that in the South Gilbert Subdistrict the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings that are legally non-compliant with storefront frontage standards is fifteen percent (15%) of the sign wall.
      2.   In the Gilbert Subdistrict, signage for mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CN-1 Zone.
      3.   In the West Riverfront Subdistrict, signage on mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CC-2 Zone, except that new freestanding signs shall be limited to fifteen feet (15') in height.
      4.   Signage for residential buildings shall be allowed according to the standards that apply in residential zones. For multi- family buildings, the larger sign area for fascia and monument signs as specified in multi-family zones applies.
      5.   Signs shall be integrated into the architectural design of the building and not dominate the facade or interfere with adjacent buildings. For buildings with multiple storefronts, a sign plan is required at the time of development that ensures that signage allowances are fairly apportioned according to the relative width of the individual storefronts and that the signage type and designs are consistent and complementary along the building frontage.
      6.   On storefront and urban flex frontages, storefront level signs shall be primarily oriented to pedestrians and scaled appropriately. Window signs and temporary signs in windows shall not block views into the interior and shall not cover more than twenty five percent (25%) of the storefront window area.
      7.   Sign installations shall comply with all other generally applicable sign regulations, standards, and requirements as set forth in this article.
   H.   Sign Standards And Types For Form-Based Zones:
      1.   Purpose: This section ensures that all signs installed in Form-Based Zones subject to Article 14-2H are compatible with the intended physical character, and in compliance with all applicable plans of the City. This section promotes public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards to:
         a.   Promote and accomplish the goals, policies, and actions of applicable City plans;
         b.   Balance public and private objectives by allowing adequate avenues for effective messaging;
         c.   Improve pedestrian, bicycle, and traffic safety from injury or property damage caused by, or which may be fully or partially attributed to, cluttered or distracting signage;
         d.   Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or poorly maintained;
         e.   Protect property values, improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape; and
         f.   Provide clear and unambiguous sign standards that enable fair and consistent enforcement of these sign standards.
      2.   The sign types established in this section are intended to be viewed from the public right-of-way and from outdoors in areas of public and private property used for public pedestrian access.
      3.   Sign Types: Table 14-5B-8H-1 (Sign Types Allowed in Form- Based Zones) establishes the allowed sign types and standards for the identified zones. Any allowed sign type may be established on any design site within the zone, subject to a sign permit in compliance with section 14-8B-9 (Sign Permit).
Table 14-5B-8H-1: Sign Types Allowed in Form-Based Zones
Sign Type
T3
T4
Sign Standards
NE
NG
NG-O
NS
NS-O
NM
NM-O
MS
Table 14-5B-8H-1: Sign Types Allowed in Form-Based Zones
Sign Type
T3
T4
Sign Standards
NE
NG
NG-O
NS
NS-O
NM
NM-O
MS
Awning Sign
-
-
P1
-
P1
-
P1
P2
Canopy Sign
-
-
-
-
-
-
-
P2
Directional Sign
-
-
-
-
-
-
-
P2
Masonry Wall Sign
-
-
-
-
-
-
-
P2
Monument Sign
-
-
-
-
-
-
-
-
Not Applicable
Porch Sign
-
-
P1
-
P1
-
P1
P2
14-5B-8H- 4a
Portable Sign
-
P1
P1
P1
P1
P1
P1
P2
Post Sign
-
-
P1
-
P1
-
P1
P2
14-5B-8H- 4b
Small Identificatio n Sign
-
-
-
-
P1
-
P1
P2
Storefront Projecting Sign
-
-
-
-
-
-
P1
P2
Temporary Sign
P1
P1
P1
P1
P1
P1
P1
P2
Wall Mural Painted Sign
-
-
-
-
-
-
-
P2
Window Sign
-
-
-
-
-
-
P1
P2
1   Illumination shall be consistent with section 14-5B-4E (Illumination Requirements) and the applicable provisions in Table 5B-1 (Sign Specifications And Provisions In Residential And The ID And OPD Zones).
2   Illumination shall be consistent with section 14-5B-4E (Illumination Requirements) and the applicable provisions in Table 5B-2 (Sign Specifications And Provisions In The CO-1, CN-1, and MU Zones).
Key:      P = Allowed with a Sign Permit         - = Not Allowed
 
      4.   Certain sign types are only allowed in Form-Based Zones. Those sign types and their applicable standards are as follows.
         a.   Porch Sign:
                           Example of a Porch Sign.
      b.   Post Sign:
1. Description
A sign that is mounted on a porch parallel to the main facade, pedestrian-scaled, and intended for viewing from the sidewalk.
2. Size
Signable Area
-
12 sf max. per side;
2 sides max
Width
4' max.    (A)
Height
3' max.     (B)
Overall Height
5' max.     (C)
Signs per building
1 max.
3. Location
Clear Height
2' min.    (D)
Setback from sidewalk
      (E)
   T4MS
5' min.
   T3NG-O1
15' min.
   T4NS-O1
15' min.
   T4NM-O1
15' min.
1   If utility easement along alley, 8' min.
 
   Example of a Post Sign.
   General Note: Photos on this page are illustrative, not regulatory.
(Ord. 17-4702, 4-18-2017; amd. Ord. 21-4866, 11-16-2021)

14-5B-9: OFF PREMISES AND TEMPORARY SIGNS:

   A.   In addition to the signage permitted in each zone, as described in section 14-5B-8 of this article, the following signs may be installed in any zone according to the specifications and provisions contained in table 5B-6 of this section. These signs shall not be applied toward the maximum sign area specified in section 14-5B-8 of this article, except as otherwise indicated in table 5B-6 of this section. (Ord. 08-4319, 11-3-2008)
Table 5B-6: Sign Specifications And Provisions For Off Premises And Temporary Signs
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Billboards and other off premises signs
Not to exceed the maximum sign area for the subject sign type as specified in the applicable zone and will be deducted from the maximum sign allowance for the subject property
 
Billboards: 72 sq. ft.
 
May be double faced for a total area of 144 sq. ft.
Not to exceed the maximum sign height for the subject sign type as specified in the applicable zone
 
Billboards: 25'
Not permitted in residential, CO-1, CN-1, CB-5, CB-10, ORP and RDP Zones
 
May take the form of any type of sign allowed in the zone in which the sign is located and must comply with all other provisions specified for the subject zone
 
Only 1 off premises sign is allowed per lot or tract
 
2 or more uses may install a common off premises directional sign
 
Shall not be located within 300' of another off premises sign
 
Shall not be located within 120' of a residential zone, parks and open space use, educational facility, religious/private group assembly use, public museum or government administrative or judicial office
 
Billboard signs shall not apply toward maximum sign allowance for the lot or tract
Temporary signs
--
--
No permit is required
 
No illumination is allowed
In ID and residential zones: 4 sq. ft.
 
In all other zones: 32 sq. ft.
 
May be double faced for a total of 8 sq. ft. and 64 sq. ft. respectively
In residential zones: 5'
 
In all other zones: 10'
1 sign may be located on a lot and/or parcel when being advertised for sale or lease
 
Must be displayed in yard or window. Cannot be affixed to building
 
Must be removed 48 hours after the sale or lease of property
All zones: 32 sq. ft.
 
May be double faced for a total of 64 sq. ft.
In residential zones: 5'
 
In all other zones: 10'
1 sign may be located on a lot and/or parcel when construction and/or development is occurring on said lot or parcel. Must be removed upon issuance of certificate of occupancy or upon completion of construction
All zones: 32 sq. ft.
 
May be double faced for a total of 64 sq. ft.
In residential zones: 5'
 
In all other zones: 10'
1 sign may be located on a development area of 2 acres or more. Must be removed upon the sale or lease of 50% of the lots or units in the development
100 sq. ft. allowed in all zones except residential zones
10'
1 sign may be located on a lot and/or parcel for a period not to exceed 60 days when a business has recently opened or is in the process of closing or when events of civic interest, a philanthropic or nonprofit organization are occurring on the property
 
Banners are permitted for these situations
4 sq. ft.
 
May be double sided for a total of 8 sq. ft.
In all zones: 5'
1 sign may be located on a lot and/or parcel for a period not to exceed 14 days and no more than 2 occasions in any calendar year
Temporary signs in windows
--
--
No permit is required
 
Posters and other nonpermanent signs in windows are allowed, but may only be displayed for a temporary period of time, not to exceed 60 days. If located in or on required storefront windows, window signs shall be displayed in a manner that does not block views into the interior of the storefront
 
(Ord. 16-4685, 11-15-2016)

14-5B-10: PRIVATELY OWNED SIGNS IN PUBLIC PLACES:

   A.   Purpose: In order to promote the health, safety and general welfare of the population, no privately owned signs shall be placed on or over a “public place”, as defined in chapter 9, article C of this title, except as permitted by the City.
   B.   Removal: Existing privately owned signs currently located on or over a public place that are not in compliance with this Code shall be eliminated and removed. If the sign owner fails to remove the sign after so ordered by the City, the City may remove the sign and assess the costs against the sign owner. (Ord. 08-4319, 11-3-2008; amd. Ord. 22-4882, 6-21-2022)

14-5C-1: PURPOSE:

The purpose of this article is to ensure safe and adequate access to the public street network by establishing standards to control the location and number of access points, separate and control intersection conflict areas, remove turning vehicles from through travel lanes when appropriate, provide adequate spacing between driveways, and minimize impervious driveway surface in the parkway portion of the public right of way. These standards help to ensure that the city's street network is designed to balance the functions of access to adjoining property, pedestrian circulation, and vehicular traffic circulation. (Ord. 05-4186, 12-15-2005)

14-5C-2: APPLICABILITY AND RULES OF INTERPRETATION:

   A.   It is unlawful for any person to cut, break, or remove any curb along a street except in compliance with the requirements of this article, or unless specifically exempted or superseded by more specific provisions of this title.
   B.   No building permit will be issued and no site plan or subdivision will be approved unless the proposed development is in compliance with the requirements of this article.
   C.   Every residential and nonresidential property will be permitted at least one means of vehicular access to a public street. However, direct driveway access to a public street may not be permitted in all instances. Use of alleys, private rear lanes, backage roads, and cross access easements may be required as alternatives to direct street access.
   D.   The specifications, design, and construction of all curb cuts, access drives and sidewalks must comply with the Iowa City municipal design standards (MDS), as amended. In cases where the provisions of the MDS conflict with the provisions of this article, the provisions of this article shall govern.
   E.   Arterial streets, as referenced in this article, are those streets shown on the Iowa City arterial street map in figure 5C.1 (found in subsection 14-5C-6F of this article), and include future arterial streets as shown on the map. Said map is based on the JCCOG arterial street map, as amended. If the JCCOG arterial street map, as amended, conflicts with figure 5C.1 of this article, the JCCOG map will supersede figure 5C.1. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 20-4833, 11-17-2020)

14-5C-3: PERMIT REQUIRED:

   A.   Except as otherwise specified in subsections B through D of this section, an access permit must be obtained prior to cutting, breaking, or removing any curb. Procedures for obtaining an access permit are specified in chapter 8, "Review And Approval Procedures", of this title.
   B.   An access permit is always required for access to an arterial street, unless the specific access point has already been approved through the site plan review process.
   C.   For local and collector streets, if access locations are specified and approved as a part of a subdivision or site plan review process, separate access permits are not required upon development of the individual lots within the subdivision. However, an access permit is required if the request for an access point is other than what was approved through the site plan review or the subdivision process or if access was not addressed through the subdivision or site plan review process.
   D.   For access to a state highway, an access permit must be approved by the Iowa department of transportation (IDOT), with a recommendation from the city. A recommendation from the city is required prior to filing an application with the IDOT. However, a separate city access permit is not required. (Ord. 05-4186, 12-15-2005)
   E.   Historic review, as set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title, is required for any new access to property designated as an Iowa City landmark or property located in a historic or conservation district. (Ord. 06-4245, 12-12-2006)

14-5C-4: DRIVEWAY SPACING STANDARDS:

   A.   Driveway Spacing From Street Intersections: On corner lots, driveways must be constructed as far away from the intersection as possible while maintaining the driveway spacing standards specified in subsection B of this section. In addition to this general standard, the following standards apply, based on the functional classification of the street.
      1.   Along local streets and collector streets, there must be a minimum of twenty feet (20') between the end of a radius of a street intersection and the beginning of a driveway curb cut as measured at the curb line, except as required in the subsection A2 of this section.
      2.   Along collector streets, where they intersect with arterial streets, there must be a minimum of fifty feet (50') between the end of a radius of a street intersection and the beginning of a driveway curb cut as measured at the curb line.
      3.   Along arterial streets, there must be a minimum of one hundred fifty feet (150') between the end of a radius of a street intersection and the beginning of a driveway curb cut as measured at the curb line.
      4.   Additional distance between the radius of a street intersection and the beginning of a driveway curb cut may be required by the city where deemed necessary due to high traffic volumes or other safety concerns.
      5.   The city may adjust the driveway spacing standards so that driveways line up with existing driveways across the street.
   B.   Minimum Spacing Between Driveways:
      1.   Along arterial streets, there must be at least fifty feet (50') between curb cuts, measured at the curb line. No portion of a driveway may be constructed within twenty five feet (25') of a side property line extended, except when a common driveway agreement has been reached with an adjacent property owner and is of record.
      2.   Along local and collector streets, there must be at least six feet (6') between curb cuts, measured at the curb line. No portion of a driveway may be constructed closer than three feet (3') to a side property line extended, except when a common driveway agreement has been reached with an adjacent property owner and is of record.
   C.   Modifications To Driveway Spacing Standards: If it can be demonstrated that there is practical difficulty meeting a driveway spacing standard contained in this section due to topographical limitations, natural features of the site, or other circumstances peculiar to the property in question, a property owner may request a modification or waiver of said standard according to the applicable approval criteria for a minor modification as set forth in chapter 4, article B of this title. (Ord. 05-4186, 12-15-2005)

14-5C-5: LOCATION AND DIMENSIONAL STANDARDS FOR DRIVEWAYS:

The following location and dimensional standards for access points provide the opportunity for access to streets while setting limits on the number of curb cuts permitted and the width of driveways. Maximums are intended as an upper limit on the number and dimensions of driveways and should not be construed as minimum requirements. In many cases, fewer and narrower driveways may be desirable to reduce interruption of the city's street and sidewalk system, to preserve opportunities for on street parking, and to reduce impervious surface and storm water runoff.
   A.   Household Living Uses, Except Multi-Family Uses:
      1.   Group Households: Group households must comply with the access regulations that pertain to the type of dwelling in which the group household is located. For example, a group household located in a two-family use must comply with the access regulations for two-family uses.
      2.   Number Of Access Points Allowed:
         a.   For detached single-family dwellings and detached zero lot line dwellings, a maximum of two (2) access points may be approved per property, regardless of whether it is a single frontage, double frontage, or corner lot. For lots with less than fifty feet (50') of frontage, only one access point is allowed.
         b.   For attached single-family dwellings and two-family uses, a maximum of one access point per dwelling unit will be allowed, regardless of whether it is a single frontage, double frontage, or corner lot.
      3.   Access Based On Street Classification: Direct lot access to city streets is allowed according to the following rules. Single- family and two-family uses must also comply with the single- family site development standards as set forth in section 14-2A-6 of this title and/or according to any applicable provisions of the single-family density bonus options set forth in section 14-2A-7 of this title.
         a.   If two (2) access points are approved for a single lot, the primary access drive must be from the lower classified street.
         b.   Where a lot is adjacent to a paved alley or paved private rear lane, primary access must be from the alley or private rear lane, unless, due to topographical limitations or other unique circumstances, such access is not feasible.
         c.   For properties without feasible access to a paved alley or paved private rear lane, the primary access may be located along a local or collector street. For lots with frontage along more than one street, primary access must be located along the lower classified street.
         d.   Direct lot access to an arterial street may be requested when access to a paved alley, private rear lane, local street, or collector street is not feasible due to inadequate frontage, topographical limitations or other unique circumstances. When land is being subdivided or resubdivided into lots intended for single-family or two-family uses, individual lot access to arterial streets is discouraged. The city, at its discretion, may deny a request for a subdivision design that would necessitate individual lot access for single-family and two-family uses to an arterial street. Requests for direct lot access to an arterial street are subject to the provisions of section 14-5C-6, "Arterial Street Access Requirements", of this article.
         e.   For two-family uses and attached single-family dwellings in the RS-5 and RS-8 zone, if access to a paved alley or private rear lane is not feasible, the garage entrance and access drive for a dwelling unit must be oriented towards the same street as that dwelling unit's main entrance.
      4.   Narrow Lots: Additional access restrictions may apply to lots less than sixty feet (60') in width. See the single-family site development standards contained in chapter 2, article A, "Single- Family Residential Zones", of this title.
      5.   Shared Driveways: Dwellings may share drives and aisles; provided, that a shared access easement is secured from the owners of each property sharing the drive or aisle. The easement must be recorded and proof of such recording must be submitted prior to issuance of an access permit.
      6.   Dimensional Standards:
         a.   For alley or rear lane access, the driveway is allowed to be as wide as necessary to provide access to the garage or parking space(s).
         b.   For properties with a single access point, the maximum driveway width is twenty four feet (24') measured at the property line and thirty feet (30') measured at the curb line.
         c.   If two (2) access points are approved on a single frontage lot, the maximum dimension for each driveway is twelve feet (12') measured at the property line and eighteen feet (18') measured at the curb line.
         d.   For single-family uses, if two (2) access points are approved, one from an alley or private rear lane, and one from a street, the primary access drive must be from the alley or private rear lane. In such a case, the maximum driveway width for the secondary driveway from the street is twelve feet (12') measured at the property line and eighteen feet (18') measured at the curb line. The access drive from the alley or rear lane is allowed to be as wide as necessary to provide access to the garage or parking space(s).
         e.   For single-family uses, if two (2) access points are approved on a double frontage or corner lot, one on each frontage, maximum driveway width for the primary driveway is twenty four feet (24') measured at the property line and thirty feet (30') measured at the curb line. The maximum driveway width for the secondary driveway is twelve feet (12') measured at the property line and eighteen feet (18') measured at the curb line.
         f.   For two-family uses, if two (2) access points are approved, one from an alley or private rear lane, and one from a street, the maximum driveway width for the driveway from the street is twenty feet (20') at the property line and twenty six feet (26') at the curb line. The access drive from the alley or rear lane is allowed to be as wide as necessary to provide access to the garage or parking space(s).
         g.   For two-family uses, if two (2) access points are approved on a double frontage or corner lot, one on each frontage, the maximum driveway width for each driveway is twenty feet (20') at the property line and twenty six feet (26') at the curb line.
         h.   The maximum width for shared driveways is twenty four feet (24') measured at the property line and thirty feet (30') measured at the curb line.
         i.   Additional driveway width restrictions may apply to lots narrower than sixty feet (60'). (See single-family site development standards contained in chapter 2, article A of this title.)
         j.   In all cases, at least fifty percent (50%) of the area within the front building setback must remain open space free of impervious surface. Drives may not be constructed such that this limit is exceeded, except when a special exception is granted by the board of adjustment according to the applicable approval criteria as stated in the base zone.
   B.   Multi-Family Uses And Group Living Uses:
      1.   Group Households: Group households located within multi-family uses are subject to the standards of this subsection.
      2.   Determining Number And Location Of Access Points:
         a.   The city will grant direct lot access to local or collector streets based on the size of the residential development, anticipated traffic, the location, the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on these factors, the city will determine the number and location of access points.
         b.   Direct lot access to arterial streets may be requested if access to an alley, private rear lane, local street, or collector street is not feasible and if access is not feasible by means of a cross access easement. Requests for direct lot access to an arterial street are subject to the provisions of section 14-5C-6, "Arterial Street Access Requirements", of this article.
         c.   No more than two (2) driveways will be allowed on any single frontage property. No more than three (3) driveways will be allowed on any double frontage/corner lot, with a maximum of two (2) driveways permitted along any one street.
      3.   Driveway Dimensional Standards: The city will determine driveway specifications, including width and configuration of lanes, for multi-family and group living uses based on the size of the development, the anticipated traffic generated by the use, the location, the surrounding land uses, and the functional classification of the street to which the driveway provides access. Driveway widths may not exceed twenty four feet (24') measured at the property line and thirty two feet (32') at the curb line, except as required by the city for high traffic volume situations.
   C.   Nonresidential Uses:
      1.   Determining Number And Location Of Access Points:
         a.   The city will grant direct lot access to local or collector streets that are nonresidential in nature, provided traffic circulation and/or public safety will not be compromised. The city will determine the number, location, and design of the access based on the size and location of the nonresidential development, the type of use, the anticipated traffic and safety issues, and the surrounding land uses.
         b.   When a site is being developed or redeveloped for nonresidential uses, existing access points along local or collector streets may be retained in most instances. However, the city may require that an access point be moved or combined with another access point in order to prevent public safety or traffic circulation problems that might reasonably be expected to occur due to the development or redevelopment of the site.
         c.   Institutional uses that are allowed in residential zones may be permitted access to residential local and collector streets, provided such access does not conflict with the approval criteria for provisional and special exception uses contained in chapter 4, article B of this title.
         d.   Direct lot access to arterial streets may be requested if access to a local or collector street is not feasible and if access is not feasible by means of a cross access easement. Requests for direct lot access to an arterial street are subject to the provisions of section 14-5C-6, "Arterial Street Access Requirements", of this article.
         e.   No more than two (2) driveways will be allowed on any single frontage property. No more than three (3) driveways will be allowed on any double-frontage/corner lot, with a maximum of two (2) driveways permitted along any one street.
      2.   Driveway Dimensional Standards:
         a.   The city will determine driveway specifications, including width and configuration of lanes, for nonresidential uses based on the size of the nonresidential development, the anticipated traffic generated by the use, the location, the surrounding land uses, and the functional classification of the street to which the driveway provides access.
         b.   Driveway widths may not exceed thirty four feet (34') measured at the property line and forty two feet (42') at the curb line, except as required by the city for high traffic volume situations and for commercial and industrial properties that need to accommodate large truck traffic. The Iowa City municipal design standards, as amended, describe and illustrate type A, B, and C driveways that are intended for these situations. (Ord. 05-4186, 12-15-2005)

14-5C-6: ARTERIAL STREET ACCESS REQUIREMENTS:

   A.   Direct lot access to an arterial street (see figure 5C.1 at subsection F of this section) will only be granted upon presentation by the applicant of convincing evidence that an alternative means of access is not feasible from an intersecting local or collector street or through means of a cross access easement.
   B.   The city will approve or deny a request for direct lot access to an arterial street based on whether an alternative means of access is available, the size and nature of the proposed development, the anticipated amount of traffic that will be generated by the development, the capacity of the surrounding streets, and the character of surrounding land uses. At the discretion of the city, a traffic study may be required as described in subsection C of this section for any request for access to an arterial street.
   C.   When an applicant makes a request for driveway access from any use to an arterial street, either as part of an access permit application or an application for a new subdivision, the city may require the applicant to conduct and submit a traffic study. The city will determine the scope of the traffic study. The traffic study must provide accurate and convincing evidence justifying the need for the proposed access point and also determine whether additional traffic control improvements are necessary for safe access. These improvements may include, but are not limited to the following:
      1.   Right turn lanes.
      2.   Left turn lanes, including two-way left turn lanes.
      3.   Opening or closing a median.
      4.   Cross access roads or driveways.
      5.   Installation or modification of traffic signals, or other traffic control devices.
      6.   Widening or narrowing driveways and improving on site vehicle storage areas.
      7.   Consolidating or closing existing driveways.
      8.   Relocating or re-orienting access to provide better sight distance.
      9.   Redesigning internal road and parking layout.
      10.   Modifications to on street parking or off street parking.
   D.   If the city determines that a cross access easement, road or driveway is required as a condition of approval, the development must adhere to the standards for cross access easements outlined in section 14-5C-7 of this article.
   E.   In addition to any traffic control improvements required based on the traffic study, the driveway spacing, location, and dimensional standards contained in this article must be met.
   F.   Figure 5C.1 - Iowa City Arterial Street System:
 
(Ord. 05-4186, 12-15-2005)

14-5C-7: CROSS ACCESS EASEMENTS:

   A.   Purpose: Cross access easements provide the opportunity to minimize the number of access points along an arterial street in order to maximize the traffic carrying capacity of the street and improve the overall safety of the transportation corridor.
   B.   Applicability And Rules Of Interpretation:
      1.   If a property with frontage along an arterial street is proposed to be subdivided, developed or redeveloped for any multi-family, group living, commercial, or industrial use, a cross access easement must be provided by the property owner to all adjoining properties that front on the same arterial street that are or may be developed as multi-family, group living, commercial, or industrial uses.
      2.   The city may waive the requirement for a cross access easement in cases where unusual topography, existing buildings, utility substations or other unique conditions would render such an easement functionally unusable. The city may also waive cross access easement requirements between properties that contain dissimilar uses, such as between residential uses and commercial or industrial uses.
      3.   The city may approve the vacation of cross access easements in those cases where the adjoining parcels are subsequently developed with a dissimilar use such as a single-family dwelling or duplex, multi-family dwellings adjacent to commercial uses, or other similar situation.
   C.   Requirements:
      1.   The cross access easement must be at least twenty four feet (24') in width, unless a narrower width is approved by the city due to topography, existing buildings, or other site conditions.
      2.   The drive or lane constructed in the cross access easement must be at least twenty feet (20') wide, unless a greater width is required due to fire apparatus access drive requirements or driveway width requirements contained in chapter 5, article A, "Off Street Parking And Loading Standards", of this title.
      3.   The cross access drive must meet any other applicable standards for access drives contained in chapter 5, article A, "Off Street Parking And Loading Standards", of this title.
      4.   Cross access easements should function as rear service lanes or as traffic circulation drives between parking areas of adjacent properties. See figures 5C.2 and 5C.3 below.
Figure 5C.2 - Rear Service Lane As A Cross Access Easement
 
Figure 5C.3 - Cross Access On A Site With Shared Traffic Circulation And Parking
 
      5.   Permanent structures that would interfere with the proposed access are not permitted within the easement. Improvements such as medians and parking islands may be constructed within a cross access easement if it can be demonstrated that adequate circulation and cross access will be accomplished.
      6.   The property owner is responsible for properly maintaining the cross access easement. (Ord. 05-4186, 12-15-2005)

14-5D-1: PURPOSE:

The intersection visibility standards establish triangular areas on corner lots, referred to herein as "vision triangles", within which the placement of buildings, fences, hedges, walls, and other structures is restricted in order to maintain clear lines of sight at street intersections for the purposes of traffic and pedestrian safety. (Ord. 05-4186, 12-15-2005)

14-5D-2: APPLICABILITY:

Lots located at the corner of any street intersection must comply with the requirements of this article, unless specifically exempted or superseded by more specific provisions of this title. (Ord. 05-4186, 12-15-2005; amd. Ord. 20-4833, 11-17-2020)

14-5D-3: VISION TRIANGLES:

The dimensions of vision triangles are determined as follows: (See also figure 5D.1, located at the end of this section.)
   A.   At the intersection of two (2) local streets, a local street with a collector street, or two (2) collector streets, the legs of the vision triangle will be thirty feet (30') in length, as measured along the curb line from the point where the curbs of the two (2) streets intersect. In the absence of a curb, the legs of the triangle will be thirty feet (30') in length, as measured along the edge of the street pavement from the point where the pavement of the two (2) streets intersect.
   B.   At the intersection of two (2) arterial streets, the legs of the triangle will be thirty feet (30') in length, as measured along the right of way line from the point the right of way lines of the two (2) streets intersect.
   C.   At the intersection of a local street with an arterial or at the intersection of a collector street with an arterial, the local or collector leg of the triangle will be thirty feet (30') in length, as measured along the curb line from the point where the curbs of the streets intersect. The arterial leg of the triangle will be thirty feet (30') in length, as measured along the right of way line from the point the right of way lines of the two (2) streets intersect.
Figure 5D.1 - Vision Triangles At The Intersections Of Various Street Types
 
(Ord. 05-4186, 12-15-2005)

14-5D-4: STANDARDS WITHIN VISION TRIANGLES:

   A.   Prohibited Obstructions: The following obstructions are prohibited within vision triangles:
      1.   Hedges and walls higher than two feet (2') above the curb level.
      2.   Fences higher than two feet (2') above the curb level. However, fences that are of a type that is less than twenty percent (20%) solid, such as split rail, open weave, or wrought iron, are permitted within the vision triangle; provided, that such fences are kept free from plantings and other materials that are more than two feet (2') in height. Solidity is the percent of the fence over a random area that is made up of solid, opaque material that does not allow light or air to pass through.
      3.   Signs, except as specifically exempted in subsection B of this section.
      4.   Structures of any type, including principal and accessory buildings, except as exempted in subsection B of this section.
      5.   Items of outdoor display or storage, including ornamental features, such as fountains, statues, garden structures and similar features.
      6.   Parking and vehicular display areas.
   B.   Exemptions: The following structures are exempt from the provisions of this article:
      1.   Structures, including signs, in the CB-2, CB-5 and CB-10 zones.
      2.   After review by the city, buildings on lots at intersections where both streets are signalized. The city will approve or deny a request to construct a building within the vision triangle based on such factors as street right of way width, speed and volume of traffic through the intersection, and the number of turning movements.
      3.   Utility and street light poles.
      4.   Traffic control equipment, including control boxes, traffic signs, and structures that support traffic signals.
      5.   Building signs located on buildings that are exempt from the vision triangle requirements as specified in subsections B1 and B2 of this section.
      6.   A sign established according to chapter 5, article B, "Sign Regulations", of this title, provided the bottom edge of the sign and any supporting structure is at least eight feet (8') above the adjacent curb level, so that visual clearance is maintained within the vision triangle. Poles and supporting structures for signs are prohibited within the vision triangle. (Ord. 05-4186, 12-15-2005)

14-5E-1: PURPOSE:

The intent of this article is to encourage the retention of existing trees and to provide for the planting of new trees along streets, on two-family, multi-family and group living residential properties, and to provide planting and maintenance standards for required trees and landscaping. Trees and landscaping provide shade, reduce heat island effects in paved areas, improve the appearance of Iowa City streets and create attractive and functional living environments that will protect and enhance property values. Standards for screening and buffering are contained in chapter 5, article F, "Screening And Buffering Standards", of this title. (Ord. 05-4186, 12-15-2005)

14-5E-2: APPLICATION OF PROVISIONS:

   A.   Applicability: No building permit shall be issued for the construction, reconstruction or structural alteration of a building nor shall any use be established or converted nor shall a certificate of occupancy be granted for a use without conformity with the provisions of the tree regulations, unless specifically exempted or superseded by more specific provisions of this title.
   B.   Exemptions: The following are exempt from the requirements of this article:
      1.   Any individual lot occupied by a detached single-family dwelling or a detached zero lot line dwelling, including group households, if located within such a dwelling.
      2.   Property in the ID and CB-10 zones.
      3.   In commercial zones, property developed in accordance with the setback requirements of the base zone in such a manner that insufficient area is available to achieve compliance with the requirements of this article; however, all trees that can be provided in compliance with the requirements must be provided. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 20-4833, 11-17-2020)

14-5E-3: GENERAL REQUIREMENTS AND MEASUREMENTS:

   A.   Permitted Species: The list of recommended trees for Iowa City, as established by the city forester, specifies the varieties of trees permitted for the uses indicated by this article. References to "large" or "small" trees herein refer to the mature heights of the trees as indicated in said list.
   B.   Landscape Plans Required: When the provisions of this article are applicable, a landscaping plan must be submitted that illustrates and lists the following information:
      1.   The size and location of required planting areas.
      2.   The mature height (small or large) of both proposed trees and trees that will be preserved.
      3.   The species of trees (both preserved and proposed).
      4.   The location of the preserved and proposed trees.
      5.   The location of any existing trees within the right of way.
   C.   Measurements:
      1.   When measuring to determine the location or spacing of required trees or shrubs, the distance is measured to the center of the tree or shrub.
      2.   Where fractional numbers of trees result from calculations, the number of trees required will be rounded to the closest whole number. (Ord. 05-4186, 12-15-2005)

14-5E-4: TREE PLANTING REQUIREMENTS:

   A.   Plantings Required Prior To Occupancy:
      1.   All plantings required by this article must be installed prior to occupancy or commencement of a use, except as allowed in subsection A2 of this section.
      2.   If the plantings cannot be installed prior to occupancy or commencement of a use due to seasonal conditions that may reduce survivability, the building official may issue a temporary certificate of occupancy and grant a delay of installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the property owner must place in an escrow account, established with the city, an amount which will cover one hundred ten percent (110%) of the estimated cost of plants and installation.
   B.   Planting Sizes:
      1.   Deciduous Trees: At the time of planting, deciduous trees must have a single stem and have a minimum trunk diameter of one and one-half inches (1.5") measured at a point six inches (6") above ground level or above the top of burlap wrapping. It must demonstrate the growth capabilities, branching formation and crown balance that are indigenous to the particular variety. The tree must be straight of trunk with the main leader intact and must be healthy and free of disease and pests.
      2.   Coniferous Trees: At the time of planting, coniferous trees must have a minimum height of three feet (3') measured from the planted level to the top of the tree. The needle color and branching habits must be normal for the species, and the overall appearance must be indicative of previous care in pruning and development. The tree must be healthy and free of disease and pests.
   C.   Siting Requirements:
      1.   Trees must be located in a manner that, at maturity, will avoid interference with the construction, maintenance and operation of public and private utilities and services aboveground or belowground.
      2.   The minimum planting area required for large trees is two hundred fifty six (256) square feet. The minimum planting area required for small trees is one hundred twenty (120) square feet.
      3.   At the time of planting, trees and plantings must be separated from other structures and features on a site in order to minimize conflicts as plants mature. Table 5E-1 below specifies the minimum spacing between plantings and various features of a site. However, the minimum distances between trees, between trees and shrubs, and between shrubs may be reduced by twenty five percent (25%) to permit design flexibility or to create denser screening where desired.
Table 5E-1: Minimum Spacing Between Plantings And Other Features (In Feet)
 
Large Tree
Small Tree
Shrub
Large tree
30
24
4
Small tree
24
16
3
Shrub
4
3
See chapter 5, article F of this title2
Building
14
8
2
Sidewalk
41
41
31
Curb/pavement
41
41
21
 
Notes to table 5E-1:
   1.   The minimum distance between plantings and sidewalks or pavement also applies to the anticipated location of a future sidewalk or paved surface.
   2.   See spacing requirements listed in chapter 5, article F, "Screening And Buffering Standards", of this title.
(Ord. 05-4186, 12-15-2005)

14-5E-5: PROTECTION AND MAINTENANCE:

   A.   The provisions of this section apply to all plantings required by this title, whether newly planted or preserved.
   B.   Required planting areas must be separated from abutting vehicular use areas, including parking spaces, drives, aisles, alleys, vehicle display and loading areas, etc., by an unmountable curb or barrier that is a minimum of five inches (5") in height. The curb or barrier must be constructed in such a manner that salt water runoff will not damage the tree or plantings.
   C.   The property owner must keep all trees properly maintained, pruned as needed, and free from trash and litter. It is the responsibility of the property owner to maintain and replace trees and plantings required by this title. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced. Improper maintenance, pruning, or removal of plantings may be subject to municipal infraction proceedings, up to and including environmental infraction proceedings. Any preserved tree that has been improperly maintained, pruned, or removed may be required to be replaced by the same number of trees for which it substituted.
   D.   Any trees that overhang the public right of way must be maintained in accordance with the provisions of title 10, chapter 8, "Trees And Plant Materials", of this code.
   E.   Maintenance of trees within street rights of way will be the responsibility of the city. (Ord. 05-4186, 12-15-2005)

14-5E-6: PRESERVATION OF EXISTING TREES:

Existing trees may be used to comply with the requirements of sections 14-5E-7, "Street Tree Requirements", and 14-5E-8, "Tree Requirements For Residential Uses", of this article, and to meet the tree requirements for parking areas contained in article A, "Off Street Parking And Loading Standards", of this chapter. Existing trees used to satisfy these requirements must be in good health prior to and following site development. The city forester is authorized to approve substitutions based on determination of health and survivability. Table 5E-2, "Schedule Of Substitution Values", of this section, will be used to determine the ratio of substitution. The following provisions must also be observed:
   A.   The same minimum separation distances that are required of new plantings must be observed when possible; except, that extant groupings of two (2) or more trees may be preserved upon approval by the city forester, who will also determine if trees or branches must be removed from such groupings in the interest of public safety and/or to assure survival of the specimen.
   B.   The building official will determine if a preserved tree will be a substitute for a street tree or a residential use tree, depending on its location on a lot.
   C.   The roots of a tree must be protected during site development with barrier fencing extending out at least as far as the drip line of the tree, or as far as the city forester deems necessary to minimize damage. Any limbs that might be damaged during construction must be pruned according to the direction of the city forester.
   D.   No paving or construction will be allowed within the drip line of a preserved tree.
   E.   Any preserved tree that dies within five (5) years of the issuance of a certificate of occupancy must be replaced by the same number of trees for which it substituted.
Table 5E-2: Schedule Of Substitution Values1
 
Diameter Of Existing Tree (Measured 4 Feet Above Ground Level)
Substitution Value
   36 inches or more
 
3 required trees
   12 to 35 inches
 
2 required trees
   2 to 12 inches
 
1 required tree
 
Note:
   1.    The substitution value of groupings of 1 or more trees, provided their preservation as a group is approved by the city forester, will be based on the caliper measure of the largest tree of the group.
(Ord. 05-4186, 12-15-2005)

14-5E-7: STREET TREE REQUIREMENTS:

The requirements of this section provide for trees along streets to complement and soften the edges of development, to provide a tree canopy for pedestrians, and to define and unify the street edge. (Ord. 05-4186, 12-15-2005)
   A.   Street Trees Adjacent To Public Right Of Way:
      1.   On single frontage lots, one large tree is required for every forty (40) linear feet of frontage or one small tree for every thirty (30) linear feet of frontage, but not less than one tree per lot.
      2.   On lots with more than one frontage, one tree is required for every sixty (60) linear feet of frontage.
      3.   Required trees must be located as follows:
         a.   Trees must be planted on private property adjacent to the right of way, except when subsection A3b or A3c of this section apply. For purposes of this section, "adjacent" means that large trees must be planted within fourteen feet (14') of the right of way line and small trees must be planted within eight feet (8') of the right of way line. All other siting requirements contained in this article must be observed.
         b.   The number of trees required may be reduced by the number of qualifying trees that already exist in the right of way or adjacent to the right of way. To qualify, a tree must meet the requirements of section 14-5E-6, "Preservation Of Existing Trees", of this article.
         c.   Trees that cannot be planted adjacent to the right of way due to a conflict with any provision of this title must be planted within the right of way according to the provisions of subsection B, "Street Trees Within Public Right Of Way", of this section. However, trees that cannot be planted in conformity with the provisions of said subsection B may be omitted.
   B.   Street Trees Within Public Right Of Way:
      1.   Required street trees are to be planted within the right of way only in those cases where trees cannot be planted adjacent to the street right of way in accordance with subsection A of this section.
      2.   Trees planted in the public right of way must meet the following requirements:
         a.   A tree planting permit must be obtained from the city forester.
         b.   Trees may not be planted in the area between a curb and a sidewalk if the width of the planting area is less than nine feet (9'), unless approved by the city forester.
         c.   All other siting requirements contained in section 14-5E-4 of this article must be observed.
         d.   Any tree planted within the street right of way must have a single trunk, with a minimum of four feet (4') from grade to the first branch, at the time of planting and must conform to the requirements of title 10, chapter 8, "Trees And Plant Materials", of this code. (Ord. 05-4186, 12-15-2005; amd. Ord. 12-4472, 4-3-2012)

14-5E-8: TREE REQUIREMENTS FOR RESIDENTIAL USES:

   A.   Minimum Requirements:
      1.   For lots containing two-family dwellings, multi-family dwellings, or group living uses, trees must be planted on site at a minimum ratio of at least one tree for every five hundred fifty (550) square feet of total building coverage of the lot. Any combination of small and large trees is allowed, provided this coverage ratio is met.
      2.   For lease lot developments, trees must be planted at a ratio of one tree for every lease lot in the development. Any combination of small and large trees is allowed, provided this coverage ratio is met.
   B.   Reductions And Substitutions:
      1.   Trees planted to meet the requirements of section 14-5E-7, "Street Tree Requirements", of this article, or to meet the tree requirements for parking areas specified in article A, "Off Street Parking And Loading Standards", of this chapter, may also be used to fulfill the requirements of this section.
      2.   Existing trees preserved according to the provisions of section 14-5E-6, "Preservation Of Existing Trees", of this article may be used to fulfill the requirements of this section. (Ord. 05-4186, 12-15-2005; amd. Ord. 12-4472, 4-3-2012)

14-5F-1: PURPOSE:

The screening and buffering standards are intended to improve the appearance of Iowa City streetscapes for the benefit of its citizens; to create aesthetically pleasing and functional living environments; to protect and enhance property values; and to provide for transitions between dissimilar uses. This article contains a menu of screening tools collectively referred to as "S-series standards". These standards are applied in situations where uses, activities, materials, or equipment must be separated from or screened from view of public ways, other zones, or adjacent properties. (Ord. 05-4186, 12-15-2005)

14-5F-2: APPLICABILITY:

The screening and buffering standards will be applied throughout this title, unless specifically exempted or superseded by more specific provisions of this title, where they will be referenced with the numbers S1, S2, S3, etc. The regulations in this article address materials, placement, layout, and timing of installation. The standards in this article are expressed as minimum standards; additional landscaping and screening materials may be used as long as they do not conflict with the provisions of this article. (Ord. 05-4186, 12-15-2005; amd. Ord. 20-4833, 11-17-2020)

14-5F-3: GENERAL REQUIREMENTS:

   A.   Permitted Plant Species: Table 5F-2, located at the end of section 14-5F-6 of this article, lists the various plant species that are allowed to be used to satisfy screening and buffering requirements. These plants were chosen because of characteristics, such as hardiness, growth rate, type and density of foliage, and mature height. Deviations from the listed plants are allowed if the replacement shrubs are similar in form or hardiness to a permitted variety and are approved by the city.
   B.   Landscape Plans Required: When provisions of this article are applicable, a landscaping plan must be submitted with the request for a building permit, which, in addition to the information normally required, must indicate the following:
      1.   The size and location of required planting areas.
      2.   The estimated mature height of required plantings, both preserved and proposed.
      3.   The common and scientific names of any required shrubs, including any shrubs preserved in lieu of new plantings.
      4.   On the plan, preserved shrubs must be distinguished from new shrubs. (Ord. 05-4186, 12-15-2005)

14-5F-4: PLANTING REQUIREMENTS:

   A.   Plantings Required Prior To Occupancy:
      1.   All plantings required by this article must be installed prior to occupancy or commencement of a use, except as allowed in subsection A2 of this section.
      2.   If the plantings cannot be installed prior to occupancy or commencement of a use due to seasonal conditions that may reduce survivability, the building official may issue a temporary certificate of occupancy and grant a delay of installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the property owner must place in an escrow account, established with the city, an amount which will cover one hundred ten percent (110%) of the estimated cost of plants and installation.
   B.   Plant Materials Specifications:
      1.   The minimum planting height of shrubs is eighteen (18) to thirty six inches (36"), depending on species or as noted in the S-series requirements.
      2.   The use of mulch must be confined to the areas around plantings. Lawn grass or other living ground cover, such as low growing shrubs and/or creeping plants should be used for exposed areas. Decorative landscaping gravel, cobbles or small stones may be used as a mulch alternative.
   C.   Planting Area Specifications:
      1.   The minimum width of a planting area will be specified in the base zone requirements, use regulations, or development standards for the use or development being screened or buffered. If not specified in any of the above listed provisions, the minimum width of a planting area is five feet (5'). However, a wider planting area may be needed to accommodate the number and types of plants proposed and the spacing requirements listed in table 5F-1, located at the end of this section, and table 5F-2, located at the end of section 14-5F-6 of this article.
      2.   Screening and buffering requirements will often coincide with required trees. (See chapter 5, article E, "Landscaping And Tree Standards", of this title.) In such a case, the landscaping design and the size and width of the planting area must accommodate both trees and shrubs.
   D.   Siting Requirements:
      1.   Plantings may not be located in violation of the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title.
      2.   At the time of planting, trees and plantings must be separated from other structures and features on a site in order to minimize conflicts as plants mature. Table 5F-1 below lists the minimum spacing between plants and between plants and other features and structures on a site. However, the minimum distances between trees, between trees and shrubs, and between shrubs may be reduced by twenty five percent (25%) to permit design flexibility or to create denser screening where desired. Distances are measured to the center of a tree or the approximate center of individual shrubs.
Table 5F-1: Minimum Spacing Between Plantings And Other Features (In Feet)
 
Large Tree
Small Tree
Shrub
Large tree
30
24
4
Small tree
24
16
3
Shrub
4
3
See spacing requirements in table 5F-2, located at the end of section 14-5F-6 of this article
Building
14
8
2
Sidewalk
41
41
31
Curb/pavement
41
41
21
 
Note to table 5F-1:
   1.   The minimum distance between plantings and sidewalks or pavement also applies to the anticipated location of a future sidewalk or paved surface.
(Ord. 05-4186, 12-15-2005)

14-5F-5: PROTECTION AND MAINTENANCE:

   A.   The provisions of this section apply to all plantings required by this title, whether newly planted or preserved.
   B.   Required planting areas must be separated from abutting vehicular use areas, including parking spaces, drives, aisles, alleys, vehicle display and loading areas, etc., by an unmountable curb or barrier that is a minimum of five inches (5") in height. The curb or barrier must be constructed in such a manner that salt water runoff will not damage trees or plantings.
   C.   The property owner must keep all plantings properly maintained, pruned as needed, and free from trash and litter. It is the responsibility of the property owner to maintain and replace trees and plantings required by this title. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced. Improper maintenance, pruning, or removal of plantings may be subject to municipal infraction proceedings, up to and including environmental infraction proceedings.
   D.   Any trees that overhang the public right of way must be maintained in accordance with the provisions of title 10, chapter 8, "Trees And Plant Materials", of this code.
   E.   To prevent interference with pedestrian traffic, plantings must be located appropriately and maintained so that foliage does not grow any closer than one foot (1') to the edge of a sidewalk or pedestrian trail. This one foot (1') setback must be maintained for at least the first nine feet (9') of plant height.
   F.   Maintenance of trees within street rights of way is the responsibility of the city. (Ord. 05-4186, 12-15-2005)

14-5F-6: SCREENING STANDARDS (S-SERIES):

The screening and buffering standards listed below will be applied throughout this title, where they will be referenced with the numbers S1, S2, S3, etc. The plant varieties listed in table 5F-2, located at the end of this section, are to be used to satisfy the requirements of these various standards. Deviations from the listed plants are allowed if the replacement shrubs are similar in form or hardiness to a permitted variety and are approved by the city.
   A.   General Buffering, S1:
      1.   Intent: The S1 standard is a basic transitional buffering standard, where planting areas separate uses from the public right of way, define edges and separate vehicular use areas from pedestrians, yet allow views to easily penetrate, as for outdoor sales display lots and for general landscaping on commercial properties.
      2.   Requirements: A grass lawn must be maintained within the landscaped area, with groupings of low growing shrubs and ground plants. Approximately half the landscaping plants must be of an evergreen variety to provide texture and color throughout the year. Plantings should be arranged to achieve the desired buffering effect, but there is no established minimum or maximum height.
      3.   Figure 5F.1 - General Buffering, S1:
 
   B.   Variable Height Screen, S2:
      1.   Intent: The S2 standard is a buffering treatment that uses distance and low level screening to separate uses from the public right of way, from other zones, to define edges and separate vehicular use areas from pedestrians. The standard is applied where moderate screening is necessary to soften the impact of uses or paved areas, but where some visibility between areas is more desirable than a total visual screen.
      2.   Required Materials: The S2 standard requires enough shrubs to form a landscape screen ranging between two feet (2') and four feet (4') in height. At least a third of the shrubs must grow to no less than four feet (4') in height.
         a.   Alternative Materials (Option A): Low berms or planters may be used to elevate shrubs as long as the overall height of the screening ranges from two feet (2') to four feet (4'). At least one-third (1/3) of the shrubs must grow to no less than four feet (4') in height.
         b.   Alternative Materials (Option B): A continuous or semicontinuous two (2) to three foot (3') high masonry wall. Breaks in the wall are permitted for sidewalk access and to accommodate required street trees. One shrub per ten (10) linear feet of wall, on average, is required. Shrubs may be grouped, but long stretches without any shrubs should be avoided. At least one-third (1/3) of the shrubs must grow to no less than four feet (4') in height.
      3.   Figure 5F.2 - Variable Height Screen, S2:
 
   C.   High Screen, S3:
      1.   Intent: The S3 standard is a buffering treatment that uses dense landscape screening to provide a visual and physical separation between uses and zones. It is commonly applied between residential uses and commercial and industrial uses and to screen outdoor work or storage areas.
      2.   Required Materials: Enough shrubs and small evergreens to form a continuous screen or hedge at least five feet (5') to six feet (6') in height and more than fifty percent (50%) solid year round. Screening materials must be at least three feet (3') high when planted. At least one-half (1/2) the shrubs must be evergreen varieties.
         a.   Alternative Materials (Option A): A berm may be used in conjunction with a hedge to achieve an overall height of six feet (6').
         b.   Alternative Materials (Option B): A continuous or semicontinuous five (5) to six foot (6') high masonry wall or solid fence. Breaks in the wall or fence are permitted for access and to accommodate required street trees. One shrub per ten (10) linear feet of wall, on average, is required. Shrubs may be grouped, but long stretches without any shrubs should be avoided. At least one-third (1/3) of the shrubs must grow to no less than five feet (5') in height.
      3.   Figure 5F.3 - High Screen, S3:
Figure 5F.3
 
   D.   Open Pattern Fence Or Wall, S4:
      1.   Intent: The S4 standard provides a tall, semiopaque visual separation. The standard is applied where separation is required, but where visibility between areas is more desirable than a total visual screen. This standard provides for instances where security may be an issue and where landscaping is not a practical option.
      2.   Required Materials: A four (4) to six foot (6') high fence of fifty percent (50%) or greater opacity constructed of wood, brick, metal, masonry or other permanent materials.
   E.   Opaque Fence Or Wall, S5:
      1.   Intent: The S5 standard provides a complete visual separation. The standard is applied in instances where complete screening is needed to protect abutting uses. This standard provides for instances where security may be an issue and where landscaping is not a practical option.
      2.   Required Materials: A four (4) to eight foot (8') high fence, completely opaque, constructed of wood, brick, metal, masonry or other permanent materials. When used for dumpster or utility enclosures, the material must match the primary building material or be complementary to it. The height of the fence or wall will be determined based on the activity, materials, or equipment being screened. In general, the fence or wall should be of sufficient height to screen the activity, materials, or equipment from public view.
Table 5F-2: Permitted Plants For Screening And Buffering1
Plant Name/ Variety
Mature Height, Form, Color
Spacing
Plant Name/ Variety
Mature Height, Form, Color
Spacing
General Buffering S1
Dwarf Summer Blooming Spirea (Spirea japonica or x bumalda)
 
Daphne spirea
1 foot, mounding, pink flowers
3 feet on center
 
Lime mound spirea
2 feet, mounding, yellow/green leaves
3.5 feet on center
 
Japanese white spirea
2 feet, mounding, white flowers
3.5 feet on center
 
Magic carpet spirea
2 feet, mounding, pink flowers
3.5 feet on center
 
Spreading Juniper (Juniper horizontalis or Juniperus chinensis) Evergreen
 
Andorra
1 to 1.5 feet, spreading, gray-green foliage, turns to plum in fall
4.5 feet on center
 
Blue chip
1 foot, spreading, bright silvery blue foliage, dense
4.5 feet on center
 
Buffalo
1 to 1.5 feet, spreading, feathery green branches
4.5 feet on center
 
Sargent, blue
1 foot, spreading, blue-gray foliage all year
4.5 feet on center
 
Japanese Barberry (Berberis thunbergi)
 
Crimson pygmy
1 foot, spiny mound, red leaves in summer, red berries in winter
3.5 feet on center
 
Kobold
1 foot, spiny mound, green leaves, red berries in winter
3.5 feet on center
Variable Height Screen S2
Dwarf Summer Blooming Spirea (Spirea japonica or x bumalda)
 
Anthony waterer spirea
2 to 3 feet, mounding, rose-pink flowers, red fall color
4 feet on center
 
Goldflame spirea
2 to 3 feet, mounding, red leaves in spring, yellow in summer, red in fall; pink flowers
4 feet on center
 
Little princess spirea
2 to 3 feet, mounding, covered with pink flowers throughout summer
4 feet on center
 
Magic carpet spirea
2 feet, mounding, pink flowers
3.5 feet on center
 
Neon flash spirea
2 to 3 feet, upright, dense; abundant with bright red flowers in summer
3.5 feet on center
 
Dwarf Korean Lilac (Syringa meyeri "Palibin")
4 to 5 feet, dense shrub, small foliage with very fragrant blooms
4.5 feet on center
 
American Arborvitae (Thuja occidentalis) Evergreen
 
Emerald
10 to 15 feet, narrow, bright green year round
3.5 feet on center
 
Holmstrup
3 to 5 feet, dense, slow growing
3 feet on center
 
Globe
3 to 5 feet, globular, dark green
3.5 feet on center
 
Taunton Spreading Yew Evergreen
2 to 3 feet, 4 to 5 feet width, dense; soft, dark green needles
4 feet on center
High Screen S3
American Arborvitae (Thuja occidentalis) Evergreen
 
Emerald
10 to 15 feet, narrow, bright green year round
3.5 feet on center
 
Techny
15 to 30 feet, wide pyramidal, dark green
4 feet on center
 
Compact Burning Bush (Euonymus alatus "compacta")
5 to 6 feet, dense shrub, brilliant purple-red fall color (Note: potentially invasive near woodlands and pasture)
3.5 feet on center
 
Hatfield Yew (Taxus media) Evergreen
10 feet, pyramidal, dense
3.5 feet on center
 
Note to table 5F-2:
   1.   Deviations from the listed plants are allowed if the replacement shrubs are similar in form or hardiness to a permitted variety and are approved by the city.
(Ord. 05-4186, 12-15-2005)

14-5G-1: PURPOSE:

The outdoor lighting standards are intended to reduce the obtrusive aspects of outdoor light usage while preserving safety, security, and the nighttime use and enjoyment of property. These measures will encourage lighting practices that direct appropriate amounts of light where and when it is needed and decrease glare resulting from overlighting and poorly shielded or inappropriately directed lighting fixtures. (Ord. 05-4186, 12-15-2005)

14-5G-2: APPLICABILITY:

   A.   Application Of Provisions: The standards contained in this article apply to all uses in all zones, except for the exemptions listed in subsection B of this section, or unless specifically exempted or superseded by more specific provisions of this title.
   B.   Exemptions:
      1.   Single-family uses, two-family uses, and group households located within single-family or two-family dwellings are exempt from all provisions of this article, except for the provisions contained in section 14-5G-3 of this article.
      2.   Airport lighting for navigational purposes is exempt from the provisions of this article.
      3.   FAA required lighting on towers and buildings is exempt from the provisions of this article.
      4.   The temporary use of lighting for public festivals and celebrations and for temporary commercial activities such as carnivals and fairs may be exempted from the provisions of this article if the building official determines, through the temporary use permitting process, that the proposed lighting will not create a hazard or nuisance from glare, light trespass, or overlighting.
      5.   Lighting for outdoor recreational facilities that are accessory to community service uses, colleges and university uses, educational facility uses, parks and open space uses, and religious/private group assembly uses may be exempted from the minimum standards or exceed the maximum standards of this article; provided, that the provisions specified in section 14-5G-7, "Exemptions For Special Uses", of this article are met.
      6.   Lighting for outdoor display lots accessory to outdoor storage and display oriented retail uses may exceed the total outdoor light output standards specified in section 14-5G-5 of this article; provided, that the provisions specified in section 14-5G-7, "Exemptions For Special Uses", of this article are met. (Ord. 05-4186, 12-15-2005; amd. Ord. 20-4833, 11-17-2020)

14-5G-3: STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY USES:

The regulations of this section apply to all single-family uses, two-family uses, and any group household that is located within a single-family or two-family dwelling.
   A.   Height And Glare Control:
      1.   Light fixtures must be mounted no higher than fifteen feet (15') above grade.
      2.   All bulbs that exceed two thousand (2,000) lumens must be fully shielded as installed.
      3.   Bulbs used for floodlights must not exceed two thousand (2,000) lumens.
   B.   Light Trespass Standards:
      1.   Any floodlights that are visible from any neighboring residential property must be aimed downward at an angle no higher than forty five degrees (45°) from vertical.
      2.   Light fixtures used to illuminate flags, statues, or objects mounted on a pole or pedestal must use a narrow cone of light that does not extend beyond the illuminated object. Lights that are intended to architecturally highlight a building or its features must use a limited pattern of light that does not extend beyond the wall of the building. Bulbs must be shielded from view of abutting properties and the public right of way.
   C.   Lighting For Private Recreational Facilities: All floodlights used to illuminate outdoor private recreational facilities, such as swimming pools, tennis courts, and basketball courts, must be turned off by ten o'clock (10:00) P.M. Underwater lighting in swimming pools and hot tubs are exempt from this provision.
   D.   Prohibited Lighting: Laser lights, searchlights, mercury vapor bulbs, and any other type of lamp capable of producing comparable levels of ultraviolet radiation per watt are prohibited. (Ord. 05-4186, 12-15-2005)

14-5G-4: PHYSICAL CONTROLS:

   A.   Height Limitations:
      1.   Light fixtures located within three hundred feet (300') of a residential zone, Neighborhood Form-Based Zone, riverfront crossings zone, or the eastside mixed use district must be mounted no higher than twenty five feet (25') above grade.
      2.   Light fixtures located farther than three hundred feet (300') from a residential zone, Neighborhood Form-Based Zone, riverfront crossings zone, or the eastside mixed use district must be mounted no higher than thirty five feet (35') above grade.
   B.   Glare Control:
      1.   All bulbs that exceed two thousand (2000) lumens must be fully shielded as installed.
      2.   Unshielded or partially shielded bulbs that are two thousand (2000) lumens or less must be frosted glass or be installed behind a translucent cover.
      3.   All under canopy lights or lights mounted in eaves must either be recessed into the canopy/eave and fully shielded or use flat lenses instead of drop lenses.
      4.   The city may permit the use of light reflectors, refractors or house shields as a substitute for fully shielded light fixtures on lower wattage or low voltage ornamental or pedestrian light fixtures. The shielding on such fixtures must control for uplighting. These substitute shielding options are not permitted for general illumination of large areas, such as parking, service, or outdoor product display areas. Fixtures used to illuminate such areas must be fully shielded.
   C.   Light Trespass: The trespass standards are intended to prevent light from one property extending beyond the property line onto adjacent properties. Compliance with this subsection is achieved with fixture shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim, or a combination of these methods.
      1.   Except for lighting of loading areas, service areas, and for architectural emphasis, floodlighting is prohibited. Floodlights are not permitted for the illumination of parking or outdoor product display areas.
      2.   Floodlights, when permitted, are exempt from subsection B2 of this section, but must be aimed no higher than forty five degrees (45°) from vertical. Floodlights must also comply with subsections C3, C4 and C5 of this section.
      3.   Lighting fixtures must be located and shielded such that the bulb is not directly visible from any adjacent residential use or public right of way. The right of way trespass standard does not apply in the CB-2, CB-5, or CB-10 zones.
      4.   Illumination must not exceed 0.5 initial horizontal foot-candle and 2.0 initial maximum foot-candles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned residential, CN-1, or CO-1, or is adjacent to or across the street from a Neighborhood Form-Based Zone. The city may increase the maximum up to 1.0 horizontal foot-candle for building code required lighting on buildings located on or close to the property line. However, lighting must be located and shielded in a manner that will be least obtrusive to any abutting residential properties.
      5.   On any property containing multi-family uses or group living uses, lighting fixtures must be located and shielded such that the bulbs are not visible from any residential window on the property.
      6.   Light fixtures used to illuminate flags, statues, or objects mounted on a pole or pedestal must use a narrow cone of light that does not extend beyond the illuminated object. Lights that are intended to architecturally highlight a building or its features must use a limited pattern of light that does not extend beyond the wall of the building. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 16-4675, 9-20-2016; Ord. 21-4866, 11-16-2021)

14-5G-5: TOTAL OUTDOOR LIGHT OUTPUT STANDARDS:

   A.   Maximum Outdoor Light Output:
      1.   Total Outdoor Light Output Defined: The "total outdoor light output" on a property is the total amount of light, measured in initial lumens, from all bulbs used in outdoor light fixtures. It includes all lights and luminous tubing used for display lighting, general illumination, architectural/accent lighting, and lights used for external illumination of signs, but does not include lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb types that vary in their output as they age, such as high pressure sodium, fluorescent and metal halide, the initial lumen output, as defined by the manufacturer, is the value to be considered when calculating total outdoor light output.
      2.   Applicability: The total outdoor light output on any property that is subject to the provisions of this article may not exceed the limits in table 5G-1 of this section, except for those that are exempted in subsection A3 of this section and in section 14-5G-7 of this article. The values in this table are upper limits and not design goals; design goals should be the lowest light levels that meet the requirements of the task.
      3.   Exemptions:
         a.   Seasonal decorations, permitted between Thanksgiving and the end of January, are not counted toward the total outdoor light output.
         b.   In the E2 and E3 districts, properties where the building coverage is eighty percent (80%) or greater are exempt from the maximum total outdoor light output standard, but are subject to the limitation on unshielded fixtures, as stated in table 5G-1 of this section.
   B.   Lighting Environment Districts: All zones, except public (P) zones, are grouped into three (3) lighting environment districts that control lighting output on applicable lots in each zone. Uses, for which the lighting standards are applicable, located within the public (P) zone must comply with the lighting requirements of the adjacent zone; those on the border between two (2) or more zones must comply with the standards of the strictest adjacent zone. Zones are grouped into the lighting environment districts as follows:
      1.   Low illumination district, E1: Areas of low ambient lighting levels. This district includes single-family and low density multi-family residential zones. This district applies to the following zones: ID-RS, ID-RM, RR-1, RS-5, RS-8, RS-12, RM-12, RNS-12, T3NE, T3NG, T4NS, and T4NM.
      2.   Medium illumination district, E2: Areas of medium ambient lighting levels. This district includes higher density multi-family zones and lower intensity commercial and office zones. This district applies to the following zones: ID-C, ID-I, ID-RP, CN-1, CO-1, PRM, RM-20, RM-44, RNS-20, MU, T4MS, EMU, and all RFC zones, except the RFC-WR.
      3.   High illumination district, E3: Areas of high ambient lighting levels. This district includes higher intensity commercial, industrial, and research zones. This district applies to the following zones: CC-2, CH-1, CI-1, CB-2, CB-5, CB-10, I-1, I-2, RDP, ORP, and the RFC-WR.
   C.   Measuring Total Outdoor Light Output:
      1.   The maximums in table 5G-1 of this section are based on a calculation of initial lumens per net acre. The lot size less the total building coverage of the lot determines the number of net acres used for this calculation.
      2.   Lumen output from an under canopy or under eave light fixture mounted fifteen (15) or more feet from any edge of the eave or canopy will be measured at 0.5 its full value.
Table 5G-1: Maximum Outdoor Light Output Standards
 
Shielding Combinations
Lighting Environment District
E1, Low Ambient Lighting (In Initial Lumens Per Acre)
E2, Medium Ambient Lighting (In Initial Lumens Per Acre)
E3, High Ambient Lighting (In Initial Lumens Per Acre)
Maximum total outdoor light output (including both fully shielded and unshielded fixtures)
50,000
100,000
200,000
Maximum outdoor light output from unshielded fixtures
4,000
10,000
10,000
 
(Ord. 06-4245, 12-12-2006; amd. Ord. 16-4675, 9-20-2016; Ord. 21-4866, 11-16-2021)

14-5G-6: PROHIBITED LIGHTING AND BULBS:

The following types of lighting are prohibited:
   A.   Laser lights.
   B.   Searchlights.
   C.   Mercury vapor bulbs. (Ord. 05-4186, 12-15-2005)

14-5G-7: EXEMPTIONS FOR SPECIAL USES:

   A.   Outdoor Recreational Facilities: Lighting for outdoor recreational facilities that are accessory to community service uses, colleges and university uses, educational facility uses, parks and open space uses, and religious/private group assembly uses may be exempted from the minimum standards or exceed the maximum standards of this article; provided, that the following specific approval criteria are met. To apply for this exemption, a lighting plan must be submitted to the city and must be certified as conforming to the standards listed below by a registered engineer with lighting certified (LC) status according to the national council on qualifications for the lighting professions (NCQLP).
      1.   The facility must satisfy the requirements set forth in the most current editions of the Illuminating Engineering Society of North America (IESNA) RP-6 recommended practice for sports and recreational area lighting and the IESNA lighting handbook. Appropriate lighting criteria must be selected based on the class of play of the facility and participants as defined by the IESNA.
      2.   Fixtures must be located, aimed and shielded to the extent possible to prevent light trespass and glare onto adjacent properties according to the following standards:
         a.   Luminaires must be aimed no greater than a distance two (2) mounting heights or less from the base of the pole (a maximum angle of 63 degrees up from nadir or a minimum of 27 degrees down from horizontal).
         b.   Fixtures must be mounted so as to meet the criteria of a "cutoff fixture" as defined in chapter 9, article D, "Outdoor Lighting Definitions", of this title.
         c.   Illumination must not exceed 0.5 initial horizontal foot- candles and 2.0 initial maximum foot-candles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned residential.
      3.   Laser lights, searchlights, and mercury vapor bulbs are prohibited.
      4.   Use of such lighting is restricted to those hours when the recreational facility is in use. Lighting for recreational facilities must be turned off by one hour after conclusion of the recreational activity. For facilities located in or adjacent to residential zones, the curfew for recreational facility lighting is eleven o'clock (11:00) P.M. Illumination of such facilities shall be permitted after eleven o'clock (11:00) P.M. only to conclude a scheduled event that was unable to conclude before the curfew due to unusual circumstances.
   B.   Outdoor Display Lots: Lighting for outdoor display lots that are accessory to outdoor storage and display oriented uses may exceed the total outdoor light output standards specified in section 14-5G-5 of this article; provided, that the following specific approval criteria are met. To apply for this exemption, a lighting plan must be submitted to the city and must be certified as conforming to the standards listed below by a registered engineer with LC status according to the NCQLP.
      1.   The display lot must be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).
      2.   Display lot lighting that exceeds the total outdoor light output standards specified in section 14-5G-5 of this article must be turned off at eleven o'clock (11:00) P.M. or within thirty (30) minutes after close of business, whichever is later. After this time, lighting on the property must comply with the total outdoor light output standards specified in section 14-5G-5 of this article.
      3.   All other standards and requirements of this article must be met.
   C.   Other Lighting On Properties Containing Special Uses: All lighting not directly associated with the special use areas listed in subsections A and B of this section must conform to the lighting standards contained in this article. If recreational facilities or outdoor display lots take advantage of the exemptions allowed in this section, the net acreage for the determination of compliance with the total outdoor light output standards for other lighting on the property must not include the area of the recreational facility or outdoor display lot. (Ord. 05-4186, 12-15-2005)

14-5G-8: MEASUREMENT:

All measurements shall be made thirty six inches (36") above the ground. Horizontal foot-candle measurements shall be taken with the meter held parallel to the ground pointing up. Maximum foot- candle measurements shall be taken with the meter oriented towards the brightest light bank. Light levels are specified, calculated and measured in foot-candles. All foot-candle values are expressed in initial foot-candles. (Ord. 05-4186, 12-15-2005)

14-5H-1: PURPOSE:

The performance standards are intended to protect property from off site impacts. These impacts include noise, air pollutants, odor, vibrations, and storage of combustible/flammable materials. (Ord. 05-4186, 12-15-2005)

14-5H-2: APPLICABILITY:

The provisions of this article apply to all uses located within the city of Iowa City, unless specifically exempted or superseded by more specific provisions of this title. Nonconforming development is subject to the provisions of chapter 4, article E, "Nonconforming Situations", of this title. (Ord. 05-4186, 12-15-2005; amd. Ord. 20-4833, 11-17-2020)

14-5H-3: CERTIFICATION MAY BE REQUIRED:

When necessary, the building official may require, at the expense of the applicant, that a registered professional engineer or other qualified person certify that the provisions of this article will be met. (Ord. 05-4186, 12-15-2005)

14-5H-4: NOISE:

Permissible noise levels for uses and activities are specified in title 6, chapter 4, "Noise Control", of this code. All applicable uses must be in compliance with these regulations. (Ord. 05-4186, 12-15-2005)

14-5H-5: AIR QUALITY STANDARDS:

The emissions of smoke, particulate matter or chemicals into the air must comply with the standards and permitting requirements of the Iowa department of environmental quality and the U.S. environmental protection agency, or their successors. Upon request by the city, a property owner must provide evidence that the subject operation is in compliance with these standards. (Ord. 05-4186, 12-15-2005)

14-5H-6: ODOR:

The emission of offensive odorous matter from any operation or activity shall not exceed the odor threshold concentration defined in the American Society for Testing and Materials "Method D1391-57 Standard Method For Measurement Of Odor In Atmospheres (Dilution Method)", as amended, as the level which will just evoke a response in the human olfactory system when measured as follows:
   A.   All Zones, Except Industrial Zones: When measured beyond lot lines at ground level or habitable elevation, odorous matter shall not exceed the odor threshold concentration.
   B.   All Industrial Zones: Odorous matter shall not exceed the odor threshold concentration beyond zone boundary lines at ground level or habitable elevation. (Ord. 05-4186, 12-15-2005)

14-5H-7: VIBRATION:

   A.   Vibrations from any operation or activity shall not exceed the displacement values below.
   B.   Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum displacements shall be determined by the following formula:
         D   =   K/f, where
      D   =   displacement in inches
      K   =   a constant given in table 5H-1 below
      f   =   the frequency of the vibration transmitted through the ground in cycles per second
Table 5H-1: Vibration Displacement Standards
 
Zone
Point Of Measurement
Continuous
Impulsive (At Least 1 Second Rest Between Pulses That Do Not Exceed 1 Second Duration)
Less Than 8 Pulses Per 24 Hour Period
All zones, except industrial
At lot lines
0.003
0.006
0.015
Industrial zones
At industrial zone boundary line
0.030
0.060
0.150
At the boundary of residential zones, recreational areas, or educational facilities
0.003
0.006
0.015
 
(Ord. 05-4186, 12-15-2005)

14-5H-8: STORAGE OF COMBUSTIBLE AND FLAMMABLE MATERIALS:

   A.   Any combustible materials must be stored in such a way as to include, where necessary, access drives for firefighting equipment.
   B.   The bulk storage of flammable liquids and chemicals in aboveground storage tanks, when allowed, must be located no closer to a lot line or any principal building than is permitted by the international fire code, as amended. However, for aboveground storage tanks of two hundred seventy six (276) gallons' capacity or more, the minimum distance between such aboveground tanks and any residential zone boundary must be at least one hundred feet (100'). If the aboveground tank is located in an approved vault, the minimum separation distance from a residential zone boundary may be reduced to no less than fifty feet (50').
   C.   The underground bulk storage of flammable liquids, when allowed, must be located in accordance with the international fire code, as amended. However, the minimum distance between such underground tanks and any residential zone boundary must be at least ten feet (10').
   D.   The bulk storage of flammable cryogenic fluids in stationary containers is prohibited in all zones, except in the CI-1, I-1, I-2, RDP, and ORP zones. In these listed zones, storage of such fluids may be allowed, but only as specified and strictly regulated by the international fire code, as amended.
   E.   The bulk storage of class I and class II liquids in aboveground tanks is prohibited in all zones, except in the CI-1, I-1, I-2, RDP, and ORP zones. In these listed zones, the storage of such liquids may be permitted, but only as specified and strictly regulated by the international fire code, as amended.
   F.   The bulk storage of liquefied petroleum gas is prohibited in all zones, except the CI-1, I-1, I-2, RDP, and ORP zones. In these listed zones, the storage of liquefied petroleum gas may be allowed, but only as specified and strictly regulated by the international fire code, as amended. (Ord. 05-4186, 12-15-2005)

14-5I-1: PURPOSE:

The purpose for this article is to accomplish the following:
   A.   Implement the environmental policies of the comprehensive plan, as amended.
   B.   Permit and define the reasonable use of properties that contain environmentally sensitive features and natural resources while recognizing the importance of environmental resources and protecting such resources from destruction.
   C.   Provide for ecologically sound transitions between protected environmentally sensitive areas and urban development.
   D.   Protect the public from injury and property damage due to flooding, erosion, and other natural hazards, which can be exacerbated by development of environmentally sensitive land.
   E.   Foster urban design that preserves open space and minimizes disturbance of environmentally sensitive features and natural resources.
   F.   Provide for the mitigation of disturbances of environmentally sensitive features and natural resources by requiring and implementing mitigation plans, as needed. (Ord. 05-4186, 12-15-2005)

14-5I-2: APPLICABILITY:

   A.   Application Required: Unless specifically exempted as specified below, an application for sensitive areas review must be submitted to and approved by the city prior to woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive features specified in subsection B of this section exist. This application process may occur as part of site plan review, a planned development overlay rezoning and/or subdivision review.
   B.   Regulated Sensitive Features: Properties containing any of the following environmentally sensitive features are subject to the regulations of this article. References to "regulated" sensitive features, such as "regulated wetlands", "regulated slopes", etc., within the text of this article are references to the regulated features as listed below. The sensitive areas inventory map - phase I may be used as a tool to determine the locations of potential environmentally sensitive areas. However, it is the applicant's responsibility to investigate and fully delineate such potential sensitive areas in order to determine whether the sensitive area or feature is subject to the regulations of this article.
      1.   Jurisdictional Wetlands: Jurisdictional wetlands as regulated by the U.S. army corps of engineers, or its successor. (Ord. 05-4186, 12-15-2005)
      2.   Stream Corridors:
         a.   Floodways designated on either the current federal emergency management agency flood boundary and floodway maps for Iowa City and Johnson County or the Iowa City (1 inch = 100 feet scale) flood boundary and floodway maps.
         b.   A watercourse, such as a river, stream or drainageway, which is shown in blue (the blue line) on the most current U.S. geological survey quadrangle maps. In cases where no floodway is delineated, the blue line will serve as the centerline within a thirty foot (30') wide stream corridor. If a watercourse is designated a blue line stream, but does not have a bed and bank defined by an "ordinary high water mark", as defined in chapter 9, article E, "Sensitive Lands Definitions", of this title, and a definite direction of flow, either continuously or intermittently, then said watercourse will not be considered a regulated stream corridor, provided the absence of these defining characteristics is verified in the field by a qualified professional (see section 14-5I-7, "Stream Corridors", of this article for more information). (Ord. 10-4398, 7-12-2010)
      3.   Regulated Slopes: Slopes of eighteen percent (18%) or greater.
      4.   Wooded Areas:
         a.   Woodlands, two (2) acres in size or greater.
         b.   "Groves of trees", as defined in this title.
      5.   Fully Hydric Soils: Fully hydric soils as designated in the USDA soil conservation service soil survey of Johnson County, Iowa, as amended.
      6.   Prairie Remnants: Prairie remnants as shown on the Iowa City sensitive areas inventory map - phase I, as amended.
      7.   Archaeological Sites: Archaeological sites as determined by the state historic preservation officer or the state archeologist.
   C.   Exemptions: The following uses, activities, and structures are exempt from the requirements of this article. However, an applicant must first apply for and obtain an exemption, prior to any woodland clearing, grading or development activity on a property.
      1.   Emergency/Public Safety: Grading, clearing, removal or other activities required for emergency situations involving immediate danger to life, health and safety, or which create an immediate threat to person or property or create substantial fire hazards are exempt from the requirements of this article.
      2.   Maintenance/Expansion Of Single-Family Or Two-Family Residential Uses: Normal maintenance, expansion, exterior remodeling, reconstruction or replacement of single-family or two-family uses in existence as of December 13, 1995, are exempt from the requirements of this article, provided the new construction or related activity will not increase the footprint of the structure and/or paving lying within the sensitive area by more than a cumulative total of one thousand (1,000) square feet, and also provided there is no encroachment by said activities, including grading, into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area.
      3.   Construction Of Single-Family Or Two-Family Residential Uses: Grading, clearing or development activities on a tract of land for the purpose of construction, landscaping or associated improvements for one single-family use or one two-family use are exempt from the requirements of this article, provided the development activities do not exceed a maximum total of twenty thousand (20,000) square feet in area, and provided there is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area.
      4.   Groundwater Monitoring Wells And Stormwater Facilities: Normal and routine maintenance of existing drainage and stormwater management facilities are exempt from the requirements of this article. This exemption includes vegetative maintenance for access and stormwater/flood control purposes within and adjacent to drainageways. Except for temporary storage outside a wetland or water body, placement of fill or dredge spoils is not exempt under this subsection C4. Groundwater monitoring wells, when constructed to standards approved by the city, are exempt.
      5.   Woodland Management Activities: Practices associated with "timber management standards" as defined by the International Society Of Arboriculture, or its successor, are exempt from the requirements of this article. Existing tree farming operations, such as Christmas tree farming, fruit or nut tree production and tree nurseries, during such time as the land is used for tree farming operations, are exempt from the requirements of this article.
   D.   Uses, Activities And Structures Allowed Within Protected Sensitive Areas: The following uses, activities, and structures are allowed within protected sensitive areas and required buffers where it can be shown that such a use, activity, or structure will not be detrimental to the functioning of sensitive areas or associated buffers, or pose a public safety hazard, subject to city approval, during the applicable sensitive areas review process:
      1.   Parkland, private open space, and trails that provide opportunities for environmental interpretation and are designed to incorporate features that protect areas of wildlife habitat, water quality and the natural amenities in protected sensitive areas and buffers.
      2.   Stream crossings, such as bridges, roads and culverts, or stream bank stabilization measures, provided they are designed to minimize any reduction of the flood carrying capacity of the stream caused by such structures and are in compliance with all federal and state regulations.
      3.   Essential public utilities such as storm and sanitary sewers; water mains; gas, telephone and power lines; and storm water detention facilities are permitted if they are designed and constructed to minimize their impact upon the protected sensitive areas and associated buffers. The design and construction of utilities should also include measures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. Upon completion of the installation of the public facility or line, the sensitive protected areas and associated buffers shall be restored by those persons responsible for the disturbance. (Ord. 05-4186, 12-15-2005)

14-5I-3: LEVELS OF SENSITIVE AREAS REVIEW:

   A.   Level I Sensitive Areas Review:
      1.   Except for exempted activities as listed in subsection 14-5I-2C of this article, a level I sensitive areas review is required prior to development activity on property that contains any regulated sensitive feature listed in section 14-5I-2 of this article, but for which a level II sensitive areas review is not required.
      2.   A sensitive areas development plan submitted with the application for a level I sensitive areas review must delineate any regulated sensitive areas and associated buffers according to the specific regulations contained in sections 14-5I-6 through 14-5I-12 of this article and will be approved according to the procedures for a level I sensitive areas review as set forth in chapter 8, article B, "Administrative Approval Procedures", of this title.
   B.   Level II Sensitive Areas Review:
      1.   Except for exempted activities listed in subsection 14-5I-2C of this article, a level II sensitive areas review is required prior to development on properties for which any of the following activities are proposed:
         a.   The disturbance of a wetland or an associated buffer.
         b.   The removal of portions of a woodland in excess of the woodland retention requirements contained in section 14-5I-9, "Wooded Areas", of this article.
         c.   The disturbance of more than thirty five percent (35%) of the critical slopes on a property.
         d.   Disturbance of a protected slope buffer or an altered protected slope.
         e.   Any development that contains regulated sensitive features and for which modifications to the underlying zoning or subdivision regulations are requested.
      2.   The submittal of a sensitive areas development plan is required for properties containing regulated sensitive areas for which a level II sensitive areas review is required. Such sensitive areas development plan must delineate regulated sensitive areas and associated buffers according to the specific regulations contained in sections 14-5I-6 through 14-5I-12 of this article.
      3.   A level II sensitive areas review is considered a type of planned development and as such, must comply with the applicable approval criteria set forth in chapter 3, article A, "Planned Development Overlay Zone (OPD)", of this title and will be reviewed according to the approval procedures for a planned development overlay rezoning as set forth in chapter 8, article D, "Planning And Zoning Commission Approval Procedures", of this title.
      4.   If a level II sensitive areas review is required, according to this subsection, and other regulated sensitive features exist on the property, the planned development rezoning application must include all evidence and required information for all regulated sensitive features on the property. (Ord. 05-4186, 12-15-2005)

14-5I-4: MODIFICATIONS TO ZONING AND SUBDIVISION REQUIREMENTS:

Through the planned development process, certain specified modifications to the underlying zoning and subdivision standards are allowed to provide for flexibility in the design of a site. On sites that contain sensitive features, the planned development process may be used in order to cluster development away from sensitive features. The types of zoning and subdivision modifications allowed and the associated site development standards are listed in chapter 3, article A, "Planned Development Overlay Zone (OPD)", of this title. If modifications to the underlying zoning or subdivision standards are requested, a level II sensitive areas review is required, regardless of the nature of the sensitive features on the site. (Ord. 05-4186, 12-15-2005)

14-5I-5: COMPLIANCE MEASURES:

   A.   Compliance With Approved Plans Required: Approval of a sensitive areas development plan is authorization to proceed with development activity according to the provisions and restrictions set forth in said plan and associated legal papers, including, but not limited to, compliance with all construction area limits, conservation easements, and specified construction practices. Any development activity at variance with the approved plan and/or associated legal papers shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed according to chapter 7, article C, "Penalties And Enforcement", of this title.
   B.   Recording Requirement: Approved sensitive areas development plans shall be recorded in the Johnson County recorder's office prior to issuance of any certificate of occupancy for the property. The recording is intended to provide notice to subsequent property owners that environmental limitations apply to the subject property.
   C.   Performance Guarantee: A performance guarantee may be required to ensure completion of conservation measures, including plantings and other mitigation or maintenance efforts, as stipulated in this article. Required performance guarantees must be submitted according to the procedures for performance guarantees as set forth in title 18, "Site Plan Review", of this code. (Ord. 05-4186, 12-15-2005)

14-5I-6: JURISDICTIONAL WETLANDS:

   A.   Purpose: The purpose of regulating development in and around wetlands is to:
      1.   Preserve the unique and valuable attributes of wetlands as areas where storm water is naturally retained, thereby controlling the rate of runoff, improving water quality, recharging ground water resources, providing erosion control and lessening the effects of flooding;
      2.   Promote the preservation of habitat for plants, fish, reptiles, amphibians or other wildlife;
      3.   Minimize the impact of development activity on wetland areas;
      4.   Provide a greater degree of protection for many wetland areas above and beyond that provided by the federal and state government; and
      5.   Minimize the long term environmental impact associated with the loss of wetlands.
   B.   Wetland Regulation By Other Agencies: The approval of a sensitive areas development plan under the provisions of this article is in addition to the applicant's need to obtain permits required by other local, state, or federal agencies, and does not alter the applicant's obligation to satisfy and obtain all other applicable local, state or federal regulations and permits.
   C.   Wetland Mitigation Plan Required:
      1.   A sensitive areas development plan for property containing a regulated wetland shall include a wetland mitigation plan demonstrating that all regulations of this section will be met. Avoiding a delineated wetland area and minimizing the impact of development on a wetland is strongly encouraged, and must be investigated before compensatory mitigation will be considered.
      2.   A wetland mitigation plan shall include the following information:
         a.   The boundaries of the delineated wetland and the required natural buffer area.
         b.   Delineation of a construction area limit and specification of associated restrictions thereof.
         c.   The type and location of erosion control measures to be placed on the property prior to any other development activity occurring on the site.
         d.   Certification by a wetland specialist or the U.S. army corps of engineers, or its successor, regarding the wetland delineation, if required.
         e.   Information regarding the characteristics of the wetland necessary to determine the allowable buffer reduction as provided in subsection E, "Wetland Buffer Requirements", of this section if a reduction is requested.
         f.   A storm water management plan demonstrating compliance with the requirements of the Iowa City storm water regulations and related municipal design standards.
   D.   Wetland Delineation:
      1.   Prior to any development activity occurring on a site containing a potential regulated wetland, the property owner must provide a delineation of the wetland area. Determination of jurisdictional wetlands must be made either by the U.S. army corps of engineers, or its successor, or by a wetland specialist. If completed by a wetland specialist, the wetland delineation must be reviewed and accepted by the U.S. army corps, or its successor. Delineation of wetland areas must be completed prior to the submittal of a sensitive areas development plan for review.
      2.   If the property owner certifies that no development activity will occur within one hundred fifty feet (150') of the apparent edge of a suspected or potential wetland area on the site, the requirement for delineation by a wetland specialist or the corps may be waived by the city. In the case of a waiver, the property owner shall grant an easement running in favor of the city, an approved conservation group, or other approved organization for the purpose of retaining the wetland and the surrounding one hundred fifty foot (150') protection area as undeveloped natural open space.
   E.   Wetland Buffer Requirements:
      1.   An undisturbed, one hundred foot (100') natural buffer shall be maintained between any development activity and a regulated wetland unless said development activity is exempted pursuant to subsection 14-5I-2C, "Exemptions", of this article. The required setbacks established for the base zone shall be measured from the buffer edge, and are in addition to the required buffer. This setback requirement applies to parking lots as well. (For example, the RS-5 district requires a 20 foot rear setback, which would be measured from the outside edge of the required 100 foot buffer. As a result, no building or parking lot could be located within 120 feet of the wetland.)
      2.   Buffer averaging may be permitted or required where an increased buffer is deemed necessary or desirable to provide additional protection to one area of a wetland for aesthetic or environmental reasons. In this situation, the width of the required buffer around other areas of the wetland may be reduced by up to fifty percent (50%), but the area of the provided buffer must be equal to or greater than the total area of the required buffer. Any request for buffer averaging requires a level II sensitive areas review. Buffers that have been reduced according to the provisions of subsection E3 of this section may not be averaged.
      3.   The applicant may request a reduction of the required natural buffer in certain instances enumerated below. Any request for a reduction in the natural wetlands buffer requires a level II sensitive areas review. Buffers that have been averaged according to the provisions of subsection E2 of this section may not be reduced.
         a.   The required natural buffer may be reduced by up to fifty feet (50') if it can be demonstrated by a wetland specialist that the wetland:
            (1)   Is less than five (5) acres in area; and
            (2)   Does not contain species listed by the federal or state government as endangered or threatened, or critical or outstanding natural habitat for those species; and
            (3)   Does not contain diverse plant associations of infrequent occurrence or of regional significance; and
            (4)   Is not located within a regulated stream corridor.
         b.   The required natural buffer may be reduced by up to seventy five feet (75') if it can be demonstrated by a wetland specialist that the wetland:
            (1)   Satisfies the criteria for natural buffer reduction in subsection E3a of this section; and
            (2)   Does not, in a year of average precipitation, contain standing water at any time during the calendar year; and
            (3)   Is not a forested wetland; and
            (4)   Does not provide a known habitat for migratory birds of local or regional significance.
         c.   In addition to the qualifying criteria listed above, the city shall consider the following factors in determining whether or not to reduce the required buffer:
            (1)   The proposed land use of the property and its potential impact on the wetland; and
            (2)   The design and layout of the proposed development in relation to the wetland; and
            (3)   The physical characteristics of the site and the wetland; and
            (4)   Any other factor related to the short or long term environmental stability and health of the wetland.
   F.   Design Standards:
      1.   No grading, dredging, clearing, filling, draining, or other development activity is allowed within a regulated wetland or required buffer area, unless said activity is part of an approved wetland mitigation plan or is a use, activity or structure allowed according to subsection 14-5I-2D, "Uses, Activities And Structures Allowed Within Protected Sensitive Areas", of this article.
      2.   For property not served by a city sanitary sewer system, the location of septic tanks, soil absorption systems, holding tanks, or any other element of an on site sewage disposal system must meet the required setbacks specified in the base zone, as measured from the buffer edge.
      3.   To mitigate negative impacts of development and limit sedimentation, the direct discharge of untreated surface water from a development site or a developed area into a wetland may be prohibited. The partial treatment of storm water runoff through the use or combined use of constructed wetlands, detention basins, vegetative filter strips, sediment traps or other means before the storm water runoff reaches a wetland may be considered as part of a wetland mitigation plan. In such case, the discharge should not increase the rate of flow or decrease the water quality of the wetlands unless it can be shown by a wetland specialist that an increase in the rate of flow will enhance rather than adversely impact the wetland.
      4.   On any lot containing a regulated wetland, erosion control measures, whether required under title 17, chapter 8, "Grading Ordinance", of this code, or as part of a wetland mitigation plan approved under the provisions of this article, must be installed prior to any development activity occurring on the site.
      5.   The planting of foreign or invasive species, including intrusive native varieties, in regulated wetland or buffer areas is prohibited. Only nonintrusive native species shall be used to supplement existing vegetation.
      6.   The removal of foreign or invasive species, including intrusive native varieties, within a regulated wetland or buffer area may be permitted when approved as part of an approved wetland mitigation plan.
      7.   Where it is determined that the area occupied by the required buffer provides little natural protection to the wetland due to previous land disturbance, enhanced vegetative cover must be provided within the buffer area to help filter and slow the flow of surface water. The enhanced vegetation shall consist of species that are known to be noninvasive to wetland areas.
   G.   Compensatory Mitigation: Compensatory mitigation may be permitted only if it is clearly demonstrated that avoiding and minimizing the impact on a wetland is unreasonable. A permit for any development activity within a wetland area is required by the U.S. army corps of engineers or its successor. If a permit is granted for development activity within a wetland, compensatory mitigation shall be required based on the following criteria, unless a greater degree of compensation is required by the corps or its successor:
      1.   Wetlands containing the following characteristics shall be considered protected, "no build" wetland areas. Compensatory mitigation will be considered only if the wetland disturbance is relatively small in relation to the overall wetland and if it can be shown that the disturbance will not have an adverse impact on the overall wetland. In wetlands with the following characteristics, if compensatory mitigation is permitted, the required replacement ratio of comparable habitat replaced to habitat lost shall be at least three to one (3:1):
         a.   Wetlands containing species listed by the federal or state government as endangered or threatened, or containing critical or outstanding natural habitat for those species; or
         b.   Wetlands containing the presence of diverse plant associations of infrequent occurrence or of regional importance; or
         c.   Wetlands located within regulated stream corridors as defined in this article.
      2.   The replacement ratio of comparable habitat replaced to habitat lost shall be at least two to one (2:1) for wetlands not containing the characteristics listed in subsection G1 of this section, but which do contain the following characteristics:
         a.   Standing water throughout the calendar year under average precipitation;
         b.   Forested wetlands; or
         c.   Wetlands providing a known habitat for migratory birds of regional or local significance.
      3.   Compensatory mitigation for all other regulated wetlands shall be at a ratio of at least one to one (1:1). If said wetland or the replacement habitat is enhanced so that it contains one or more of the defining characteristics listed in subsection G1 or G2 of this section, the required replacement ratio may be reduced to 0.5:1.
      4.   When compensatory mitigation is proposed, the wetland mitigation plan described in this section must be prepared by a wetland specialist. A wetland mitigation plan that includes compensatory mitigation must include the following components:
         a.   An assessment of the value of the wetland being replaced to determine the appropriate replacement ratio;
         b.   A clear statement of the goals of the mitigation plan, including specific statements regarding the expected rate of establishment of a vegetative cover over specified periods of time;
         c.   Analysis of the soils, substrate and hydrology of the proposed site of the constructed or expanded wetland in terms of their suitability to provide a proper growing medium for the proposed vegetation;
         d.   A list of the plant species to be used, which should include only native, noninvasive species, and their proposed locations. Transplanting as much of the native vegetation from the original wetland as possible, as well as the upper six (6) to twelve inches (12") of the soil is encouraged; and
         e.   Provisions for monitoring the condition of the new or enhanced wetland area for a period of five (5) years, and identification of the party responsible for replanting in the event of poor initial growth or predation resulting in a failure of over thirty percent (30%) of the planted stock. Information collected during the monitoring process must be submitted to the city annually and include the following:
            (1)   Data on plant species diversity and the extent of plant cover established in the new or enhanced wetland;
            (2)   Wildlife presence;
            (3)   Data on water regimes, water chemistry, soil conditions and ground and surface water interactions; and
            (4)   Proposed alterations or corrective measures to address deficiencies identified in the created or enhanced wetland, such as a failure to establish a vegetative cover or the presence of invasive or foreign species. (Ord. 05-4186, 12-15-2005)

14-5I-7: STREAM CORRIDORS:

   A.   Purpose: The purpose of regulating development in and around stream corridors is to:
      1.   Preserve the value of stream corridors in providing floodwater conveyance and storage;
      2.   Promote filtration of storm water runoff;
      3.   Reduce stream bank erosion; and
      4.   Protect and enhance wildlife habitat.
   B.   Stream Corridor Regulation By Other Agencies: The approval of a sensitive areas development plan shall be in addition to the applicant's need to obtain permits required by other local, state or federal agencies, and does not alter the applicant's obligation to satisfy and obtain all other applicable local, state or federal regulations and permits.
   C.   Environmental Review Required: A sensitive areas development plan for property containing a regulated stream corridor must include evidence demonstrating that all regulations of this section will be met. Such plan must include the following information: (Ord. 05-4186, 12-15-2005)
      1.   A delineation of the stream corridor and the required natural buffer area is required. If, in the course of delineating a blue line stream, it is determined through field verification by a qualified professional, such as a geologist, hydrologist, or wetland specialist, that the blue line or a portion of a blue line on the current U.S. geological survey quadrangle maps does not represent a watercourse with a bed and bank defined by an "ordinary high water mark", as defined herein, and a definite direction of flow, either continuously or intermittently, then said watercourse or portion of a watercourse will not be considered a regulated stream corridor for purposes of this title. In such an event, a report prepared by said qualified professional must be submitted to the city that demonstrates to the satisfaction of the city that the subject watercourse does not have the aforementioned defining characteristics of a stream corridor. (Ord. 10-4398, 7-12-2010)
      2.   Delineation of a construction area limit and specification of associated restrictions thereof.
      3.   Information regarding the characteristics of the stream corridor necessary to determine the allowable buffer reduction as provided in subsection D, "Stream Corridor Buffer Requirements", of this section if a reduction is requested.
   D.   Stream Corridor Buffer Requirements:
      1.   Unless exempt pursuant to subsection 14-5I-2C, "Exemptions", of this article, the following natural buffers must be maintained along regulated stream corridors. When other regulated sensitive features are located within a stream corridor, a fifty foot (50') buffer is required.
         a.   Along the Iowa River, a fifty foot (50') natural buffer must be maintained between any development activity and the stream corridor, which includes the floodway.
         b.   Along tributaries to the Iowa River that have a delineated floodway, a thirty foot (30') natural buffer must be maintained between any development activity and the stream corridor, which includes the floodway. These tributaries include, but are not limited to, Ralston Creek, Willow Creek, Snyder Creek, Clear Creek and Rapid Creek.
         c.   Along tributaries or drainageways that do not have a delineated floodway, a fifteen foot (15') natural buffer must be maintained between any development activity and the stream corridor limits.
      2.   The applicant may request a reduction of the required natural buffer in certain circumstances enumerated below:
         a.   The required natural buffer may be reduced by up to fifty percent (50%) if the applicant demonstrates that the portion of the buffer being reduced:
            (1)   Does not contain significant existing vegetative cover, such as native trees or prairie remnants; and
            (2)   Does not contain other sensitive areas subject to the requirements of this article; and
            (3)   Enhanced vegetative cover will be provided in the remaining buffer area.
         b.   The required natural buffer may be reduced by up to one hundred percent (100%) if the applicant demonstrates that:
            (1)   The property is adjacent to or contains a stream corridor located in a "developed area of the city"; and
            (2)   The portion of the buffer being reduced does not contain other sensitive areas subject to the requirements of this article; and
            (3)   Requiring the full stream corridor buffer would preclude reasonable use of the property; and
            (4)   Enhanced vegetative cover will be provided in any remaining buffer area, to the extent possible.
         c.   In addition to the qualifying criteria listed above, the city will consider the following factors in determining whether to reduce the required buffer:
            (1)   The proposed land use of the property and its potential impact on the stream corridor;
            (2)   The design and layout of the proposed development in relation to the stream corridor;
            (3)   The characteristics of the site and the stream corridor; and
            (4)   Any other factors related to the short or long term environmental stability and health of the stream corridor. (Ord. 05-4186, 12-15-2005)

14-5I-8: REGULATED SLOPES:

   A.   Purpose: The purpose of regulating development on and near steep slopes is to:
      1.   Promote safety in the design and construction of developments;
      2.   Minimize flooding, landslides and mudslides;
      3.   Minimize soil instability, erosion and downstream siltation; and
      4.   Preserve the scenic character of hillside areas, particularly wooded hillsides.
   B.   Regulated Slopes Defined:
   ALTERED PROTECTED SLOPES: Any slope of forty percent (40%) or steeper created by human activity such as cutting or filling, which activity occurred prior to December 13, 1995, and which slope is not otherwise approved by the city.
   CRITICAL SLOPES: A slope of twenty five percent (25%), but less than forty percent (40%).
   PERCENT OF SLOPE: The slope of a designated area determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value.
   PROTECTED SLOPES: Any slope of forty percent (40%) or steeper.
   STEEP SLOPES: A slope of eighteen percent (18%), but less than twenty five percent (25%).
   C.   Environmental Review Required: A sensitive areas development plan for property containing regulated slopes must include evidence demonstrating that all regulations of this section will be met. Such plan must include the following information:
      1.   Delineation of all steep, critical, and protected slopes and any required buffer area.
      2.   Submission of a grading plan that is in conformance with title 17, chapter 8, "Grading Ordinance", of this code.
      3.   Delineation of construction area limits and specification of associated restrictions thereof.
   D.   Buffer Requirements:
      1.   A buffer will be required around all protected slopes. Two feet (2') of buffer must be provided for each foot of vertical rise of the protected slope, up to a maximum buffer of fifty feet (50'). The buffer area is to be measured from the top, toe and sides of the protected slope. No development activity, including removal of trees and other vegetation, will be allowed within the buffer.
      2.   The buffer requirements may be reduced under certain circumstances. If a buffer reduction is requested, a level II sensitive areas review is required. A reduction of a protected slope buffer may only be approved if a geologist or professional engineer demonstrates to the satisfaction of the city that the proposed development activity can and will be designed to eliminate hazards and will not undermine the stability of the slope or the buffer area.
   E.   Design Standards For Regulated Slopes:
      1.   Construction areas must be delineated on the sensitive areas development plan and must indicate the boundaries of all intended development activities, including grading, excavation, and storage of construction materials. Accordingly, construction areas must be in concert with required grading plans. Except for driveways and utilities installation, no grading or excavation is allowed outside the construction area.
      2.   Except for commercially or industrially zoned properties, construction areas on lots containing protected slopes must be of a size equal to at least forty percent (40%) of the minimum lot size required by the zone in which it is located. (For example, the construction area for a lot in an RS-5 zone must be at least 3,200 square feet, which is 40 percent of the 8,000 square foot minimum lot size.)
      3.   Designated construction areas must not extend into protected slopes or protected slope buffers unless expressly permitted according to the provisions of this section.
      4.   Encroachment of construction areas into steep and critical slopes must be minimized. If disturbance of more than thirty five percent (35%) of critical slopes is proposed a level II sensitive areas review is required.
      5.   Any area designated as a natural protected slope (40+ percent) must not be graded and must remain in its existing state, except natural vegetation may be supplemented by other plant material.
      6.   Development activities may be allowed within areas containing "altered protected slopes", as defined in this section. In such cases, a level II sensitive areas review is required. Approval will be based on the following criteria:
         a.   A geologist or professional engineer must demonstrate to the satisfaction of the city that development activity will not undermine the stability of the slope; and
         b.   The city further determines that the proposed development activities are consistent with the intent of this article.
      7.   Cut slopes must be constructed to eliminate sharp angles of intersection with the existing terrain and must be rounded and contoured as necessary to blend with existing topography to the maximum extent possible. The city will not accept the dedication and maintenance of cut and fill slopes, except those within the required street right of way.
      8.   Street rights of way and public utility corridors must be located so as to minimize cutting and filling.
      9.   To maintain the stability of ungraded areas, existing vegetation must be retained to the maximum extent possible, and additional plantings to stabilize the slope may be allowed. (Ord. 05-4186, 12-15-2005)

14-5I-9: WOODED AREAS:

   A.   Purpose: The purpose of regulating development in and around wooded areas is to:
      1.   Reduce damage to wooded areas, particularly wetlands, steep slopes and stream corridors;
      2.   Reduce erosion and siltation;
      3.   Minimize destruction of wildlife habitat; and
      4.   Encourage subdivision and site plan design which incorporate groves and woodlands as amenities within a development.
   B.   Environmental Review Required: A sensitive areas development plan for property containing regulated wooded areas must include evidence demonstrating that all regulations of this section will be met. Such plan must include the following information:
      1.   All "groves of trees" and all "woodlands", as these terms are defined in this title, must be delineated on the plan. (Ord. 05-4186, 12-15-2005)
      2.   The plan must also delineate all woodlands that are to be protected according to the woodland retention and replacement requirements in subsection C of this section and all groves that are to be protected. The delineated woodlands must include the required buffer area or, alternatively, must delineate the drip line of trees to be retained as specified in subsection C of this section.
      3.   The total acreage of woodlands must be listed on the plan, along with the percentage of woodlands to be disturbed and the percentage that will be retained. (Ord. 13-4530, 5-14-2013)
      4.   Woodland and tree protection methods for proposed development activity shall be shown on any plan or plat required to be submitted prior to commencement of development activity. Protection methods should comply with generally accepted tree protection guidelines and be approved by the city.
      5.   The plan must indicate the location of the planting area for any replacement trees required under this section. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)
   C.   Woodland Retention And Replacement Requirements: Regulated woodlands must be retained according to the following provisions. The percentage of the regulated woodland that must be retained is specified in table 5I-1 of this section according to the underlying base zone.
Table 5I-1: Woodland Retention Requirements
 
Base Zone
Retention Requirement
ID, RR-1
70 percent
RS-5, RS-8, RS-12, RNS-12, T3NE, T3NG, T4NS, T4NM
50 percent
RM-12, RM-20, RM-44, RNS-20, T4MS
20 percent
RDP, ORP
20 percent
C and I
10 percent
 
(Ord. 05-4186, 12-15-2005; amd. Ord. 21-4866, 11-16-2021)
      1.   The required woodland area to be retained must include a buffer area that extends fifty feet (50') outward from the trunks of the trees to be preserved, unless otherwise allowed by subsection C2 of this section. This buffer area is intended to protect the trees within the specified retention area. Since trees within this buffer area may be prone to damage during construction, they may not be included when calculating the required retention area.
      2.   Alternatively, a fifty foot (50') buffer area need not be provided if an on site tree survey is completed and the construction limit line is established at least five feet (5') beyond the drip line of trees to be preserved. The tree survey must identify the species, size and location of trees at the perimeter of the woodland to be protected. Said on site tree survey and a map delineating the drip line of the trees located near the construction limit line must be submitted to the city for verification by the city forester or designee. Additional spacing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the city forester or designee.
      3.   All efforts shall be made during construction to protect the woodlands and groves designated for retention, including placement of durable fencing or other sturdy barrier along the designated construction limit line.
      4.   If the city determines that the required woodland area cannot be retained due to site constraints or infrastructure requirements, replacement trees must be planted. At the discretion of the city, replacement trees may also be allowed in cases where woodlands are determined to be of low quality, such that planting replacement trees would improve the health of a wooded area or create a new grove or wooded area of higher quality. One tree must be planted for every two hundred (200) square feet of woodland removed from the otherwise required retention area. Existing healthy trees (not located within the woodland) may be counted as replacement trees, at the discretion of the city, based on the health, species, maturity, location, and likelihood of survival during and after construction. Existing trees approved for preservation will count toward the required replacement trees at the ratio of substitution stated in table 5E-2 within article E, "Landscaping And Tree Standards", of this chapter. (Ord. 13-4530, 5-14-2013)
      5.   Where it is not feasible to replace trees on site, replacement trees may be planted to supplement reforestation of an off site woodland approved by the city. Any designated off site woodland must be either publicly owned property or property subject to a conservation easement. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)
      6.   Replacement trees must be approved by the city, and to the extent possible, should be of the same or equivalent species as the trees being removed, unless it is determined that the trees being removed are of a species that is considered low quality. In such a case, alternative tree species will be considered by the city. (Ord. 13-4530, 5-14-2013)
      7.   Replacement trees must meet the specifications set forth in general tree planting requirements contained in article E, "Landscaping And Tree Standards", of this chapter, and must be secured by a performance guarantee for a period of twelve (12) months. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)
   D.   Design Standards For Wooded Areas:
      1.   Woodlands, groves, and existing trees designated for protection according to the approved sensitive areas site development plan, shall be protected from construction activity with durable fencing or other sturdy barrier approved by the city. Said protective fencing shall be placed a minimum of five feet (5') beyond the drip line of the tree or trees to be preserved. Additional spacing of protective fencing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the city forester or designee. The drip line is an imaginary circle that could be drawn on the soil around a tree directly under the tips of its outermost branches. The drip line encompasses the ground area under the entire spread of the tree canopy.
      2.   Measures must be taken to protect and retain groves of trees, as defined in this title, to the extent practicable.
      3.   Trees preserved within groves may be counted as replacement trees, if it is determined that the required woodland retention ratio on a site cannot be met as allowed in subsection C4 of this section. Preserved trees within groves may count toward replacement trees at the ratio of substitution stated in table 5E-2 within article E, "Landscaping And Tree Standards", of this chapter. (Ord. 13-4530, 5-14-2013)
      4.   When other environmentally regulated sensitive features are present in combination with a regulated woodland, the regulations related to all the sensitive areas contained on the property will be considered, with the most stringent regulations applying.
      5.   To the extent possible, woodlands located on steep or critical slopes or within 100-year floodplains must be given the highest retention priority when meeting the woodland retention and replacement requirements.
      6.   Street right of way, public utility corridors and building sites should be located so as to minimize their impact on woodlands and groves.
      7.   Where possible, woodlands and groves to be protected should be located within designated public or private open space, either through dedication, a conservation easement, or control by a homeowners' association. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)

14-5I-10: FULLY HYDRIC SOILS:

   A.   Purpose: Fully hydric soils may indicate the potential existence of jurisdictional wetlands and the probable existence of a high water table. The purpose of regulating lands that contain fully hydric soils is to recognize the constraints imposed on urban development projects by potential wetlands or high water tables. That is:
      1.   Wetlands are protected under state and federal law, and as such, are considered no build areas unless appropriate and approved mitigation measures are undertaken.
      2.   High water tables on a property require special construction practices both for infrastructure such as streets, and for structural development such as residences.
   B.   Environmental Review Required: A sensitive areas development plan for property containing regulated hydric soils must include evidence demonstrating that all regulations of this section will be met. Such plan must include the following information:
      1.   Delineation of areas on the property where hydric soils exist.
      2.   Report from a wetland specialist regarding whether wetlands exist on the property.
      3.   Delineation of a construction area limit, if applicable, and specification of associated restrictions thereof.
   C.   Regulations:
      1.   If fully hydric soils exist on a property where development activity is proposed, the property owner shall have a wetlands specialist verify whether wetlands exist on the site. If wetlands are found to exist on the site, compliance with the wetlands provisions of this article will be required.
      2.   More stringent construction safeguards, as specified by the city, will be required for streets and storm water management facilities located in fully hydric soils. Sump pump discharge tiles and elevations of window openings may also be regulated, as specified by the city.
   D.   Design Standards: To the extent possible, urban development projects will be designed so that areas of fully hydric soils will be treated as an environmental asset; used for storm water detention, wetland enhancement or buffers, protective greenbelts along stream corridors and neighborhood open space. (Ord. 05-4186, 12-15-2005)

14-5I-11: PRAIRIE REMNANTS:

   A.   Purpose: The purpose of protecting prairie remnants is to:
      1.   Preserve the value of prairie remnants for holding soil in place, absorbing pollutants and taking up large amounts of moisture. These functions are particularly important when prairie remnants are located along streambanks, adjacent to wetlands or on areas of highly erodible soil.
      2.   Protect and enhance the function of prairie remnants to provide wildlife habitat, ecological diversity and environmental education opportunities in an urban setting.
   B.   Environmental Review Required: A sensitive areas development plan for property containing regulated prairie remnants must include evidence demonstrating that all regulations of this section will be met. Such plan must include the following:
      1.   Delineation of all regulated prairie remnants on the property; and
      2.   Delineation of a construction area limit and specification of associated restrictions.
   C.   Prairie Remnant Regulations:
      1.   Development of properties containing prairie remnants one acre in size or larger that are not associated with other sensitive features will be designed to retain the maximum amount of prairie remnant possible, while not precluding reasonable, beneficial use of the property.
      2.   Prairie remnants associated with other sensitive features, such as stream corridors, wetlands, steep slopes, woodlands or a stand of significant trees will be treated as environmental assets, and will be considered no build areas to the extent possible, and used for buffers, filter strips along waterways, or neighborhood open space. (Ord. 05-4186, 12-15-2005)

14-5I-12: ARCHAEOLOGICAL SITES:

   A.   Purpose: The purpose of regulating development of lands that contain archaeological sites is to:
      1.   Assure that sites that contain important information regarding the prehistory and history of the area are identified, studied, protected, or properly excavated when appropriate.
      2.   Allow the opportunity for documentation and study of important prehistoric and historic sites.
      3.   Allow for the consideration of prehistoric and historic sites in the planning and development of a property to minimize delays when it is determined that study or excavation of such sites is necessary.
      4.   Provide for the early identification of human burial sites to ensure that the code of Iowa, as amended, regarding such burial sites is not violated and to avoid unnecessary delays in subdivision development and subdivision redesign if such sites are discovered after commencement of development.
   B.   Regulation Of Archaeological Sites By Other Agencies: The approval of a sensitive areas development plan under the provisions of this section is in addition to the applicant's obligation to obtain permits required by other local, state or federal agencies, and does not alter the applicant's obligation to satisfy and obtain all other applicable local, state or federal regulations and permits.
   C.   Environmental Review Required: A sensitive areas development plan for property containing regulated archaeological sites must include evidence demonstrating that all regulations of this section will be met. Such plan must delineate any archaeological sites and any required buffer on the property and must document efforts to retain or preserve significant archaeological sites and burial grounds. The plan must also delineate a construction area limit, if applicable, and specify any associated restrictions thereof.
   D.   Notification: When the sensitive areas inventory map - phase I indicates that an archaeological site is located in the quarter section within which a site plan, planned development or a subdivision is proposed, the city will forward the site plan or subdivision plan to the state archaeologist and the state historic preservation officer for an opportunity to comment. The state may notify the city if a recorded archaeological site exists within the area of the site plan, planned development or subdivision. The state will also notify the city if the site is of such archaeological importance that it requires further study by the state or a state approved archaeologist. If the state identifies such site, the Iowa City historic preservation commission or its successor shall be notified and may proceed toward historic designation of the site as set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title.
   E.   Archaeological Study:
      1.   If it is determined by the state that further study of an archaeological site is necessary, the city may approve a site plan, planned development or a subdivision, subject to a requirement that the state or a state approved archaeologist be allowed to study the site and, if appropriate, complete an excavation of the site for the purpose of documenting the significance of the site. The state shall have a period of up to thirty (30) calendar days in which the site is frost free to study and, where appropriate, excavate the site. This requirement shall not prevent or delay activities which are approved under the grading ordinance, site plan review, planned development or subdivision regulations for portions of the property which do not contain archaeological materials.
      2.   The applicant may choose to hire an archaeologist approved by the state to complete a study or excavation plan approved by the state. In this way, the study or excavation work may be completed in a more timely manner.
   F.   Significant Archaeological Sites:
      1.   If the state determines that the property includes a significant prehistoric or historic site that cannot be studied and excavated within a thirty (30) calendar day period, the site plan, planned development or a subdivision plan may be approved subject to an archaeological assessment plan, which specifies a period of time in which the state or a state approved archaeologist may document or excavate a site.
      2.   If the site is determined to be of such state or national significance that it should not be disturbed, an attempt must be made to design the site plan, planned development or subdivision plan to allow retention of the site as private or public open space.
   G.   Burial Grounds: When a site contains a human burial ground, the state archaeologist shall determine the significance of the burial ground and whether or not the human remains may be disinterred. If the state archaeologist determines that the human remains should not be disturbed, the portion of the property containing the burial grounds, plus a twenty foot (20') buffer around the burial grounds, shall be set aside as permanent, private or public open space.
   H.   Discovery Of Unrecorded Archaeological Sites: If, during the course of grading or construction, prehistoric artifacts, historic objects or significant archaeological materials, such as human remains or a prehistoric human settlement, are encountered, the city must be notified. The city must notify the state, which may take steps to excavate and preserve the objects, if practical, or in the case of human burial grounds, the state archaeologist shall determine whether or not the human remains can be disinterred. If it is determined that the human remains cannot be disinterred, the portion of the property containing the burial ground shall be returned to its preconstruction condition by those persons responsible for the disturbance. (Ord. 05-4186, 12-15-2005)

14-5J-1: PURPOSE:

The purpose of this article is to protect and preserve the rights and privileges and property of Iowa City and its residents and to protect, preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents by minimizing flood losses. The provisions of this article are designed to:
   A.   Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.
   B.   Restrict or prohibit uses that are dangerous to health, safety or property in times of flood or that cause excessive increases in flood heights or velocities.
   C.   Require that uses vulnerable to floods, including public utilities that serve such uses, be protected against flood damage.
   D.   Assure that eligibility is maintained for property owners to purchase flood insurance through the national flood insurance program. (Ord. 10-4414, 11-16-2010)

14-5J-2: APPLICABILITY AND INTERPRETATION:

   A.   Application Of Provisions: The regulations within this article apply to all lands identified in the "Johnson County, Iowa, and incorporated areas flood insurance rate map", dated February 16, 2007. The "Johnson County, Iowa and incorporated areas flood insurance study", as amended, is hereby adopted by reference and is made a part of this article for the purpose of administering floodplain management regulations.
   B.   Minimum Requirements: The provisions of this article are considered minimum requirements and will be liberally construed in favor of the governing body and will not be deemed a limitation or repeal of any other powers granted by state statutes.
   C.   Abrogation And Greater Restrictions: It is not intended by this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. Where more specific provisions herein conflict with other provisions of this title, this article shall prevail. (Ord. 10-4414, 11-16-2010)

14-5J-3: LEGAL AUTHORITY AND FINDINGS OF FACT:

   A.   Legal Authority: Chapter 455B, code of Iowa, as amended, gives cities authority to adopt regulations governing development and redevelopment within flood hazard areas, including designation of flood hazard maps.
   B.   Legislative Findings:
      1.   The flood hazard areas of Iowa City are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the peace, safety, health, welfare, comfort and convenience of its residents.
      2.   These flood losses, hazards, and related adverse effects are caused by the occupancy of flood hazard areas by uses vulnerable to flood damages. Such uses create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.
      3.   This article relies upon engineering methodology for analyzing flood hazards, which is consistent with the standards established by the Iowa department of natural resources or its assignee. (Ord. 10-4414, 11-16-2010)

14-5J-4: COMPLIANCE WITH PROVISIONS; NONCONFORMING SITUATIONS:

   A.   Except as provided in subsection B of this section, no structure or land shall hereafter be used and no structure shall be located, enlarged, converted or structurally altered without full compliance with the terms of this article.
   B.   If a structure that is not in compliance with the provisions of this article lawfully existed prior to May 2, 1977, and has existed continuously without abandonment since that time, then improvements may be made to the structure, notwithstanding the provisions of this article, provided such improvements do not constitute a substantial improvement as defined in chapter 9, article F, "Floodplain Management Definitions", of this title. However, structures, uses, or development that are nonconforming with regard to other provisions of this title must comply with the applicable regulations contained in chapter 4, article E, "Nonconforming Situations", of this title. (Ord. 10-4414, 11-16-2010)

14-5J-5: ENFORCEMENT:

   A.   Enforcement Official Designated: The building official shall administer and enforce the provisions of this article.
   B.   Duties And Responsibilities: Duties and responsibilities of the building official include, but are not necessarily limited to the following:
      1.   Record and maintain a record of the elevation (in relation to national geodetic vertical datum) of the lowest floor of all new or substantially improved buildings or the elevation to which new or substantially improved structures have been floodproofed.
      2.   Notify adjacent communities or counties and the Iowa department of natural resources, or its assignee, prior to any proposed alteration or relocation of a watercourse.
      3.   Keep a record of all permits, appeals, variances and other such transactions and correspondence pertaining to the administration of this article. (Ord. 10-4414, 11-16-2010)

14-5J-6: FLOODPLAIN DEVELOPMENT PERMIT:

   A.   Permit Required: A floodplain development permit, issued by the building official, must be obtained prior to initiation of any development on a parcel of land within a flood hazard area according to the applicable review and approval procedures contained in chapter 8, article B, "Administrative Approval Procedures", of this title. Issuance of a floodplain development permit does not relieve the property owner from complying with federal, state, or other agency regulations, including approval when required from the Iowa department of natural resources.
   B.   Compliance: Floodplain development permits based on approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications. Prior to use or occupancy of any structure, the applicant will be required to submit certification by a professional engineer or land surveyor, registered in the state, that the finished fill, building floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this article. Any use, arrangement or construction not in compliance with the uses authorized will be deemed a violation of this article. (Ord. 10-4414, 11-16-2010)

14-5J-7: GENERAL FLOODPLAIN MANAGEMENT STANDARDS:

All properties subject to the regulations of this article must comply with the following applicable performance standards:
   A.   General Construction Requirements: All structures shall be:
      1.   Adequately anchored to prevent flotation, collapse or lateral movement of the structure; and
      2.   Constructed with materials and utility equipment resistant to flood damage; and
      3.   Constructed by methods and practices that minimize flood damage.
   B.   Class 1 Critical Facilities:
      1.   Class 1 critical facilities may not be located within a flood hazard area.
      2.   Class 1 critical facilities must be located with a means of vehicular access that will remain passable during occurrence of the 0.2% flood event.
   C.   Residential Buildings:
      1.   All new or substantially improved residential structures must have the lowest floor of the original structure and any lateral addition elevated a minimum of one foot (1') above the flood hazard elevation.
      2.   Where existing topography, street grades, or other factors preclude elevating by fill, alternate methods of elevating, such as piers, may be allowed, subject to approval by the building official. In such a case, a licensed professional shall certify that the methods used will be adequate to support the structure as well as withstand the various forces and hazards associated with flooding.
   D.   Nonresidential Buildings:
      1.   All new or substantially improved nonresidential buildings must have the lowest floor of the original structure and any lateral addition elevated a minimum of one foot (1') above the flood hazard elevation or, together with attendant utility and sanitary systems, be floodproofed to such a level.
      2.   When floodproofing is utilized, a professional engineer registered in the state shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the flood hazard, and that the structure below the flood hazard elevation is watertight with walls substantially impermeable to the passage of water. Such certification must also indicate the specific elevation, in relation to national geodetic vertical datum, to which any structures are floodproofed. A record of this certification will be retained in the office of the building official.
   E.   All New And Substantially Improved Structures:
      1.   Fully enclosed areas below the "lowest floor" that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer to meet or exceed the following minimum approval criteria:
         a.   There must be a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The openings shall not be located on the same wall.
         b.   The openings shall be located on exterior walls such that the 1% flood elevation, or shallow flood elevation, is above the bottom of the opening, and in all cases the bottom of all openings shall be no higher than one foot (1') above grade.
         c.   Openings shall permit the automatic entry and exit of floodwaters.
      2.   New and substantially improved structures must be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
      3.   New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities elevated or floodproofed to one foot (1') above the flood hazard elevation.
   F.   Manufactured Housing: Manufactured housing, including those placed in existing manufactured housing parks, planned developments, or subdivisions, must be:
      1.   Anchored to resist flotation, collapse or lateral movement.
      2.   Elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot (1') above the flood hazard elevation.
   G.   Utility And Sanitary Systems:
      1.   All new or replacement on site sewage waste disposal systems must be located or designed to avoid impairment to the system or contamination from the system during flooding.
      2.   New or replacement water supply systems and sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the system. Water supply facilities and sanitary sewage systems must be provided with a level of protection equal to or greater than one foot (1') above the flood hazard elevation.
      3.   Utilities, such as gas or electrical systems, must be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damage or impaired systems.
   H.   Storage Of Flammable, Explosive Or Injurious Materials: Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot (1') above the flood hazard elevation. Other material and equipment must either be similarly elevated or:
      1.   Not be subject to major flood damage and be anchored to prevent movement due to floodwaters; or
      2.   Be readily removable from the area within the time available after flood warning.
   I.   Flood Control Structural Works: Flood control structural works, including, but not limited to, levees and flood walls, must provide, at a minimum, protection from a 0.2% flood event with a minimum of three feet (3') of design freeboard and must provide for adequate interior drainage. In addition, flood control structural works must be approved by the Iowa department of natural resources or its assignee.
   J.   Inhibiting Floodways And Drainage Facilities: No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or other drainage facility or system.
   K.   Subdivisions:
      1.   Subdivisions and planned developments, including manufactured housing parks, must be designed to minimize flood damage and must have adequate drainage provided to reduce exposure to flood damage, and must meet the applicable performance standards established by the city engineer. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this article. Any subdivision, planned development, or manufactured housing park intended for residential development must provide all lots with a means of vehicular access that will remain passable during occurrence of the 1% flood event.
      2.   Proposals for subdivisions shall include the flood hazard elevation data for those areas located within flood hazard areas.
   L.   Residential Accessory Structures: The exemption of detached garages, sheds and similar structures from the general floodplain management for residential buildings may result in increased premium rates for insurance coverage of the structure and contents; however, said detached garages, sheds and similar accessory type structures are exempt from the general floodplain management for residential buildings when all of the following conditions exist:
      1.   The structure is not used for human habitation.
      2.   The structure is designed so as to have low flood damage potential.
      3.   The structure is constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
      4.   The structure is firmly anchored to prevent flotation, which may result in damage to other structures.
      5.   The service facilities for the structure, such as electrical and heating equipment, are elevated or floodproofed to at least one foot (1') above the flood hazard elevation.
      6.   There shall be a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The openings shall not be located on the same wall.
      7.   The openings shall be located on exterior walls such that the 1% flood elevation, or shallow flood elevation, is above the bottom of the opening, and in all cases the bottom of all openings shall be no higher than one foot (1') above grade.
      8.   Openings shall permit the automatic entry and exit of floodwaters.
   M.   Recreational Vehicles:
      1.   Recreational vehicles are exempt from the requirements of subsection F of this section regarding anchoring and elevation of manufactured homes when the following criteria are satisfied:
         a.   The recreational vehicle shall be located on the site for less than one hundred eighty (180) consecutive days; and
         b.   The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
      2.   Recreational vehicles that are located on the site for more than one hundred eighty (180) consecutive days or are not ready for highway use must satisfy requirements of subsection F of this section regarding anchoring and elevation of manufactured homes. (Ord. 10-4414, 11-16-2010)

14-5J-8: SPECIAL FLOODWAY PROVISIONS:

In addition to the general floodplain standards listed above, uses within the floodway must meet the following applicable standards:
   A.   No use is permitted in the floodway that would increase the 1% flood hazard elevation, unless approved by the Iowa department of natural resources or its assignee.
   B.   All uses within the floodway must:
      1.   Be consistent with the need to minimize flood damage; and
      2.   Use construction methods and practices that will minimize flood damage; and
      3.   Use construction materials and utility equipment that are resistant to flood damage.
   C.   No use is permitted that would affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch or any other drainage facility or system.
   D.   Structures, buildings and sanitary and utility systems, if permitted, must meet the applicable general floodplain management standards and must be constructed and aligned to present the minimum possible resistance to flood flows.
   E.   Buildings, if permitted, must have low flood damage potential and must not be used for human habitation.
   F.   Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the floodway within the time available after flood warning.
   G.   Watercourse alterations or relocations, including channel changes and modifications, must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa department of natural resources or its assignee.
   H.   Any fill or stream bank erosion control projects allowed in the floodway must have some beneficial purpose and will be limited to the minimum amount necessary.
   I.   Pipelines that cross rivers or streams must be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to action of flood flows. Where floodway data has been provided in the flood insurance study, such data shall be used to define the floodway limits.
   J.   Where no floodway data has been provided, the Iowa department of natural resources or its assignee shall be contacted to provide a floodway delineation. Where floodway data is not available, it shall be the responsibility of the permittee to produce engineered data delineating the floodway. (Ord. 10-4414, 11-16-2010)

14-5J-9: VARIANCES:

The board of adjustment may authorize, upon request, in specific cases, such variances from the terms of this article that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary and undue hardship. To ensure that the spirit of this title is observed and substantial justice done, no variance to the strict application of any provision of this article shall be granted by the board unless the applicant demonstrates that all of the following approval criteria are met. In addition, the applicant must meet all the provisions and general approval criteria for variances as stated in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title, except subsection 14-4B-2A4 of this title.
   A.   Approval Criteria:
      1.   No variance shall be granted for any development within the floodway that would result in any increase in flood elevation unless approved by the Iowa department of natural resources or its assignee.
      2.   Variances shall only be granted upon a showing of good and sufficient cause, and a determination that the granting of the variance will not result in increased flood elevation, additional threats to public safety, extraordinary public expense, create nuisances or cause fraud on or victimization of the public.
      3.   Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      4.   In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this article, the applicant shall be notified, in writing, over the signature of the building official, that the issuance of a variance will likely result in increased premium rates for flood insurance.
      5.   All variances granted shall have the concurrence or approval of the Iowa department of natural resources or its assignee.
   B.   Factors For Consideration: When considering applications for variances, the board of adjustment will consider all relevant factors specified in other sections of this article in addition to the following factors:
      1.   The danger to life and property due to increased flood elevation or velocities caused by encroachments.
      2.   The danger that materials may be swept on to other land or downstream to the injury of others.
      3.   The importance of the services provided by the proposed facility to the community, and the risk of losing said services during a flood event.
      4.   The risk assumed by emergency personnel if it is necessary to evacuate the use/structure during a flood event.
      5.   After consultation with the historic preservation commission, a determination of whether compliance with the floodplain regulations would result in a substantial alteration or destruction of defining architectural characteristics of landmark properties and properties located within historic or conservation districts.
      6.   Such other factors that are relevant to the purposes of this article.
   C.   Conditions Of Approval: Upon consideration of the factors and approval criteria listed in this section, the board of adjustment may attach such conditions and safeguards to the granting of a variance as it deems necessary to fulfill the purposes and intent of the provisions of this article. (Ord. 10-4414, 11-16-2010)

14-5J-10: AMENDMENTS:

The regulations and standards set forth in this article may, from time to time, be amended, supplemented, changed or repealed. No amendment, supplement, change or modification shall be undertaken without prior approval of the Iowa department of natural resources or its assignee. (Ord. 10-4414, 11-16-2010)

14-5J-11: WARNING AND DISCLAIMER OF LIABILITY:

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by humanmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the regulated areas will be free from flooding or flood damages. This article does not imply that uses permitted within the regulated areas will be free from flooding or flood damages. This article shall not create liability on the part of Iowa City or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. 10-4414, 11-16-2010)

14-5K-1: PURPOSE:

The neighborhood open space requirements ensure that adequate usable neighborhood open space, parks and recreation facilities are provided in a manner that is consistent with the parks master plan, as amended, by using a calculable method to equitably apportion the costs of acquiring and developing land for those purposes. The provisions of this article require development, which creates increased needs for neighborhood open space ("open space impact"), to pay a proportionate share of the city's capital improvements to fulfill said open space impact. Usable neighborhood open space includes pedestrian/bicycle trails, preferably located within natural greenway systems, private open space that is publicly accessible, and neighborhood parks that serve nearby residents. This article is also intended to encourage, wherever reasonably feasible, the dedication of sensitive areas in conjunction with usable open space. (Ord. 05-4186, 12-15-2005; amd. Ord. 25-4965, 9-2-2025)

14-5K-2: APPLICABILITY:

As a condition of approval for preliminary plats containing residential uses, the applicant shall dedicate land, pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the city and in accordance with the provisions of this article. (Ord. 05-4186, 12-15-2005; amd. Ord. 25-4965, 9-2-2025)

14-5K-3: DEDICATION OF LAND:

   A.   Amount Of Land To Be Dedicated: The amount of land dedication shall be determined by the following formula. This formula is deemed a reasonable calculation of the additional need for neighborhood open space created by the subject subdivision.
 
   # of units x PUD x 3/1,000, where
   # of units = Number of new units is determined as noted in the Table 5K- 1;
   PDU = Persons per dwelling unit based on the most recent census; and
   3/1,000 = Acres of active neighborhood open space required per 1,000 persons.
   Table 5K-1: Determining Unit Number
 
Zone
Unit Number Determined by
Single-Family Residential
Allowable units based on the following dimensional requirements: Lot size, Lot frontage, and Lot width
Multi-Family Residential and Commercial Zones (with residential uses)
For every platted lot: Maximum dwelling units per undeveloped acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone) x 0.65
River Front Crossings and Eastside Mixed Use Districts
Unit number to be provided by developer at submittal of preliminary plat application
Form-Based
Total unit number on Neighborhood Plan
Planned Development Overlays (OPDs)
Total unit number on Preliminary OPD Plan
 
   B.   Dedication Cap: The maximum land dedication requirement is ten percent (10%) of the total acres of land being developed.
   C.   Nature Of Land To Be Dedicated: Except as otherwise required by the city, all dedications of land shall meet the following criteria:
      1.   Usability: At least ninety percent (90%) of the land required to be dedicated shall be located outside of floodways, lakes or other water bodies, areas with slopes greater than fifteen percent (15%), wetlands subject to federal or state regulatory jurisdiction and other areas the city reasonably deems unsuitable for neighborhood open space due to topography, flooding or other appropriate considerations. Dry bottom storm water detention facilities and dry creek areas may be credited toward reaching a portion of the required land dedication when the city determines that such areas are suitable for use as neighborhood open space. Pedestrian/bicycle trails and private open space that is publicly accessible may be credited toward reaching the required land dedication when the city determines that such areas are suitable for use as neighborhood open space. The city encourages the dedication of lakes, ponds, creeks, other water bodies, wetlands falling under the jurisdiction of state or federal agencies and other sensitive areas including woodland areas, both as ten percent (10%) of and in addition to the dedicated land required by this article, if sufficient abutting land is dedicated as a usable, public recreation area or park.
      2.   Unity: The dedicated land shall form a single parcel of land, except where the city determines that two (2) or more parcels or greenways/trails would best serve the public interest, given the type and distribution of neighborhood open space needed to adequately serve the proposed development. If the city determines that two (2) or more parcels would best serve the public interest, the city may require that such parcels be connected by a dedicated strip of land at least twenty feet (20') wide in order to provide access and continuity between said parcels.
      3.   Location: The dedicated land shall be located so as to reasonably serve the recreation and open space needs of the residents of the subdivision.
      4.   Shape: If a sufficient amount of land is dedicated to accommodate recreational facilities and activities, such as fields, courts or playground equipment, the shape of the dedicated land shall be suitable for such facilities and activities. Linear open space should be of sufficient width to accommodate trails and adjacent greenways.
      5.   Access:
         a.   Greenways/Trails: Public access to greenways/trails shall be provided by a public access easement at least twenty feet (20') in width. In addition, greenways/trails shall be connected to existing or proposed greenways/trails on adjacent property.
         b.   Parks: Public access to the dedicated land to be used for parks shall be provided either by adjoining public street frontage or by a dedicated public access easement at least fifty feet (50') in width, which connects the dedicated land to a public street or right of way. The grades adjacent to existing and proposed streets shall permit reasonable access to the dedicated land. The parcel shall be safely accessible to pedestrian traffic.
      6.   Responsibility For Site Preparation:
         a.   The city may require the subdivider or developer to grade and seed those portions of the dedicated land to be improved prior to dedication of the property and prior to the city's acceptance of the dedication.
         b.   Where the dedicated land is located adjacent to a street, the subdivider or developer shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment.
         c.   Prior to dedication, the subdivider or developer shall be responsible for restoring satisfactory ground cover and controlling erosion on land to be dedicated that has been disrupted as a result of development activities by the subdivider or developer.
   D.   Procedure For Dedication Of Land:
      1.   The dedication of land shall be reviewed as part of the preliminary subdivision plat. The subdivider or developer shall designate the area or areas of land to be dedicated pursuant to this article on the preliminary subdivision plat. Where wetlands have been delineated on the property, the preliminary subdivision plat shall also identify the boundaries of such wetlands.
      2.   Upon receipt of the preliminary subdivision plat, the director of neighborhood and development services (NDS) shall submit a copy to the director of parks and recreation for review by the parks and recreation commission. The parks and recreation commission shall submit recommendations concerning the land to be dedicated to the planning and zoning commission within twenty one (21) business days of the receipt of a complete application for preliminary subdivision plat.
      3.   Once the final subdivision plat is approved, and any public improvements required to be installed by the subdivider or developer within the land to be dedicated have been installed, approved, and accepted by the city, and the subdivider or developer has completed site preparation pursuant to subsection B6 of this section, the subdivider or developer shall provide a properly executed warranty deed conveying the dedicated land to the city within two (2) years of final plat approval or by the time the city issues fifty percent (50%) of the certificates of occupancy for the subdivision, at the discretion of the city, or as otherwise specified in the subdivider's or developer agreement.
      4.   The city shall formally accept the dedication of land for open space, parkland or greenways/trails by resolution. (Ord. 05-4186, 12-15-2005; amd. Ord. 25-4965, 9-2-2025)

14-5K-4: PAYMENT OF FEES IN LIEU OF LAND DEDICATION:

   A.   General: The payment of fees in lieu of dedication of land may occur at the request of the subdivider or developer with approval by the city, or may be required by the city. The payment of fees in lieu of land dedication shall be reviewed and approved as part of the preliminary subdivision plat.
   B.   Request By Subdivider Or Developer:
      1.   If a payment in lieu of open space is requested, the subdivider or developer must include such request in a letter submitted with the application for a preliminary subdivision, whichever is applicable.
      2.   The director of neighborhood and development services (NDS) will forward a copy of the preliminary subdivision plat, along with a copy of the letter requesting payment of fees in lieu of land dedication to the director of parks and recreation for review by the parks and recreation commission. The commission shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the planning and zoning commission within twenty one (21) business days of the date a complete application for preliminary subdivision plat is submitted.
      3.   The planning and zoning commission will consider the request for payment of fees in lieu of land dedication during the subdivision review process and forward its recommendations to the city council.
   C.   Determination Of Fees In Lieu Of Dedication Criteria: The city may, at its discretion, require the payment of fees in lieu of the subdivider dedicating land, if the city finds that all or part of the land required for dedication is not suitable for public recreation and open space purposes, or upon a finding that the recreational needs of the proposed subdivision can be met by other park, greenway, or recreational facilities planned or constructed by the city within reasonable proximity to the subdivision. The city shall consider the following factors in making its determination:
      1.   Recreational and open space elements of the city comprehensive plan, as amended, and the relation of the subdivision to the proposed open space and recreational areas;
      2.   Topographic and geologic conditions of the land available for dedication;
      3.   Size, shape, location of and access to the land available for dedication;
      4.   The character and recreational needs of the neighborhood where the subdivision is located;
      5.   The costs of developing open space and recreational areas in the subdivision;
      6.   The actual or potential development of open space and recreational areas on land adjacent to the subdivision which will serve the needs of the subdivision;
      7.   Recommendations of staff, the parks and recreation commission and the planning and zoning commission; and
      8.   Any other relevant information.
   D.   Time Of Payment: Fees in lieu of dedication must be paid in full by the subdivider/developer prior to the issuance of the first building permit for a lot in the subdivision.
   E.   Amount Of Payment: The fee shall be equal to the fair market value of the land that otherwise would have been required for dedication. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser or by other means acceptable to both the city and the subdivider or developer. The city and subdivider/developer will equally share the appraisal costs. (Ord. 05-4186, 12-15-2005; amd. Ord. 25-4965, 9-2-2025)

14-5K-5: REQUIRING BOTH DEDICATION OF LAND AND PAYMENT OF FEE:

The city may, at its discretion, require a subdivider to dedicate a portion of the land required under the formula set forth in this article, and also to pay a fee in lieu of dedication for the remaining portion of the land by said formula. The fee for the remaining portion shall be determined by a qualified real estate appraiser or by other means acceptable to both the city and subdivider or developer. The city and subdivider/developer will equally share the appraisal costs. (Ord. 05-4186, 12-15-2005; amd. Ord. 25-4965, 9-2-2025)

14-5K-6: USE OF FUNDS:

   A.   The neighborhood open space district boundary map (see figure 5K-1 of this section), divides the city into neighborhood open space districts. All payments in lieu of dedication shall be deposited in a special neighborhood open space account designated by the name of the contributing development. All payments will be used to acquire or develop open spaces, parks, recreation facilities and greenways/trails that are located within the neighborhood open space district containing the subject subdivision and will benefit the residents of the subdivision for which payment has been made.
   FIGURE 5K-1
Neighborhood Open Space District Boundary Map
 
   B.   The city must use the payment in lieu of dedication within five (5) years from the date received. This period will be automatically extended an additional five (5) years if the subdivider/developer has not constructed at least fifty percent (50%) of the units within the subdivision for which payment in lieu of dedication has been made.
   C.   If the city has not spent the funds by the last day of the five (5) year period or, if extended, by the last day of an additional five (5) years, the city shall, within ninety (90) days thereafter, mail to the property owner, at the address on file with the Johnson County treasurer's office, a proportional refund based on the percentage of the platted lots they own of the total platted lots in the subdivision. The subdivider's agreement/development agreement for each subdivision for which the subdivider/developer has made payments in lieu of dedication shall inform all property owners and successors in interest to properties in the subdivision of the right to a refund as provided for herein. (Ord. 05-4186, 12-15-2005; amd. Ord. 25-4965, 9-2-2025)