HomeMy WebLinkAbout2023-01-10 OrdinanceItem Number: 10.a.
CITY OF IOWA CITY
www.icgov.org
January 10, 2023
Ordinance amending Title 14, Zoning Code to enhance land use regulations
related to solar energy systems and further climate action goals. (REZ22-
0011).
ATTACHMENTS:
Description
Staff Report Packet for 12-07-22
P&Z Minutes 11-02-22
P&Z Minutes 12-07-22
Ordinance
I 1
CITY OF IOWA CITY
CITY OF IOWA CITY
MEMORANDUM
Date: December 7, 2022
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services
Re: Zoning and Subdivision Code Amendments (REZ22-0011) to enhance land use
regulations related to solar energy systems and to further climate action goals
At the Planning and Zoning Commission's meeting on November 2, 2022, staff proposed
amendments to Title 14 Zoning and Title 15 Subdivisions. During the discussion, the Commission
requested staff provide recommendations to require Electric Vehicle (EV) chargers in addition to
EV readiness, and to develop policies about how these requirements should apply to handicap
parking spaces. Staff is currently researching best practices and revising its amendment to
address these requests.
However, staff would like to continue moving forward with the remainder of the recommended
code changes while it conducts further research on EV best practices. As such, staff proposes
that the Commission consider the other proposed code amendments at this time and return to
EV-readiness/charging after additional research is conducted and staff formulates a
recommendation.
Staff modified the proposed text amendment to exclude EV related provisions. The revised
amendment is included in Attachment 1 for the Commission's consideration. Detailed background
on the proposed amendments and staff analysis is available in the staff report dated November
2, 2022 (Attachment 2).
Staff Recommendation
Staff recommends that Title 14 Zoning and Title 15 Land Subdivision be amended as illustrated
in Attachment 1 to enhance land use regulations related to solar energy systems and to further
implement the City's goals related to climate action.
Attachments
1. Proposed Zoning Code Text Amendments (Without EV -Readiness Requirements)
2. November 2, 2022 Staff Report with Original Attachments
Approved by: •�'^��
71.-)
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Attachment 1
Page 1
Draft Zoning Code Text
REVISED December 7, 2022
Underlined text is suggested new language. Strike -through notation indicates language to be
deleted. Changes related to Electric Vehicle (EV) readiness was removed in this revised draft.
Amend 14 -2A -4C -1c, Exemptions from maximum height standards in single-family residential
zones, as follows:
(9) Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers, and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14-2A-7, Special provisions for single-family residential zones, as follows:
E. Sustainability Bonus Options: The following bonuses may be granted through the
process set forth in Title 18, "Site Plan Review", or the building permit process where a
site plan is not required.
1. Modifications to Dimensional Standards: The minimum lot size or minimum lot area
per unit may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
2. Parking Reduction: Where any of the above provisions modifying dimensional
standards are met, the minimum parking requirement may be reduced as allowed in
section 14 -5A -4F-10.
Amend 14 -2B -4C -1d, Exemptions from maximum height standards in multi -family residential
zones, as follows:
(9) Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers, and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14-2B-8, Special provisions for multi -family residential zones, as follows:
E. Sustainability Bonus Options: The following bonuses may be granted through the
process set forth in Title 18, "Site Plan Review", or the building permit process where a
site plan is not required.
1. Modifications to Dimensional Standards: The minimum lot size or minimum lot area
per unit may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
Attachment 1
Page 2
2. Parkins Reduction: Where any of the above provisions modifying dimensional
standards are met, the minimum parking requirement may be reduced as allowed in
section 14 -5A -4F-10.
Amend 14 -2C -4C -1c, Exemptions from maximum height standards in commercial zones, as
follows:
(10) Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14-2C-11, Special provisions for commercial zones, as follows:
E. Sustainability Bonus Options: The following bonuses may be granted through the
process set forth in Title 18, "Site Plan Review", or the building permit process where a
site plan is not required.
1. Modifications to Dimensional Standards: The minimum lot size or minimum lot area
per unit may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
2. Parking Reduction: Where any of the above provisions modifying dimensional
standards are met, the minimum parking requirement may be reduced as allowed in
section 14 -5A -4F-10.
Amend 14 -2D -4C-3, Exemptions from maximum height standards in industrial and research
zones, as follows:
j. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14 -2F -4B-2, Exemptions from maximum height standards in public zones, as follows:
i. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14 -2H -2C -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See Building Height in
Article 14-9A (General Definitions).
Amend 14 -2H -2D -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height in
article 14-9A (General Definitions).
Attachment 1
Page 3
Amend 14 -2H -2E -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height in
article 14-9A (General Definitions).
Amend 14 -2H -2F -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height in
article 14-9A (General Definitions).
Amend 14 -2H -2G -4a, Height, Footnote 2, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building a qht measurement. See building height in
article 14-9A (General Definitions).
Amend 14 -3A -4D, Maximum Residential Density for Planned Development Overlay Zones, as
follows:
1. The city will approve a residential density based on the underlying density allowed in the
base zone and what is compatible with the natural topography of the site and with surrounding
development. The residential density for a planned development may not exceed the value
specified in table 3A-1, located at the end of this subsection, except as allowed by subsection
14 -3A -4D-3. Actual residential density allowed, however, may be less than the maximum
expressed in the table due to the topographical constraints of the property, the scale of the project
relative to adjacent development, and the dimensional, site development, and other requirements
of this title.
2. For purposes of this article, "net land area" is defined as total land area minus public and
private street rights of way. When calculating net land area, the land area devoted to alley and
private rear lane rights of way need not be subtracted from the total land area. (Ord. 05-4186, 12-
15-2005)
3. Sustainability Density Bonus: The maximum residential density that is required by
Table 3A-1 may be increased by ten percent (10%) of the applicable requirement for each
of the following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
Table 3A-1: Maximum Residential Densit
Underlying Base Zone
Dwelling Units Per Acre Of Net Land Area
RR -1
1
RS -5
5
RS -8
8
RNS-12
8
RS -12
13
Attachment 1
Page 4
MU
24
CO -1
15
CN -1
24
CC -2
15
RM -12
15
RNS-20
24
RM -20
24
RM -44
43
PRM
49*
*Density bonuses are available in the PRM zone that would increase the allowed density beyond
the figure in this table.
Amend 14 -4A -3A-3, Residential Use Categories, Household Living Uses, as follows:
Accessory Uses: Private recreational uses; storage buildings; parking for residents' vehicles.
Home occupations, accessory dwelling units, childcare homes, mechanical structures such as
rooftop solar energy systems, and bed and breakfast facilities are accessory uses that are
subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this
chapter. Any accessory use of the property shall remain secondary to the principal use of the
property for residential living.
Amend 14 -4A -3B-3, Residential Use Categories, Group Living Uses, as follows:
Accessory Uses: Recreational facilities; meeting rooms; associated offices; shared amenity
areas, shared kitchens and dining rooms, food preparation and dining facilities; off-street parking
for vehicles of the occupants and staff; storage facilities; mechanical structures including solar
energy systems; off-street loading areas.
Amend 14 -4B -1A, Minor Modifications, Applicability, as follows:
24. For solar energy systems, modifications to the accessory mechanical structure
standards contained in section 14 -4C -2N and other accessory development standards
contained in section 14-4C-3.
Amend 14 -4C -2N-2, Specific Approval Criteria for Accessory Uses and Buildings, Mechanical
Structures, as follows:
a. All ground level mechanical and utility equipment, such as heat pumps, air
conditioners, emergency generators, electrical vehicle charging stations, and water pumps,
must be screened from public view to at least the S2 standard. (See chapter 5, article F,
"Screening And Buffering Standards", of this title.) If it is not feasible to use landscape
screening, the mechanical equipment must be screened using wall or fencing materials
complementary to the principal structure. Mechanical structures accessory to sSingle-family
uses and solar energy systems accessory to any uses are exempt from this standard.
b. In all zones except 1-1 and 1-2, rooftop mechanical equipment must be concealed from
public view by integrating equipment into the design of the building, screening equipment behind
building features, such as parapets, or by setting the equipment back from the edge of the roof
so that it is not visible from ground level. Solar energy systems are exempt from this
standard.
2. Setbacks:
a. Single -Family Residential Zones: Mechanical structures must be set back at least two
feet (2') from the side and rear lot lines. However, mechanical structures may not be located
between the principal dwelling and the street.
Attachment 1
Page 5
b. All Other Zones: Mechanical structures must be set back at least two feet (2') from any
lot line. Additional location standards may apply in certain zones or for certain uses.
3. Minor Modifications for Solar Energy Systems: A minor modification for solar
energy systems may be requested according to chapter 4, article B of this title.
Amend 14 -5A -4F, Off Street Parking and Loading Site Development Standards, Alternatives to
Minimum Parking Requirements, as follows:
10. Sustainability Parking Reduction: The minimum parking requirement may be
reduced by ten percent (10%) where each of the following provisions promoting
sustainable development is met up to a maximum reduction of twenty-five percent (2_5%).
This parking reduction will be administered through the process set forth in Title 18, "Site
Plan Review", or the building permit process where a site plan is not required. This
reduction may be used in conjunction with the Sustainability Bonus Options specified in
sections 14 -2A -7E, 14 -2B -8D, 14 -2C -11E, and 14 -3A -4K -1d.
a. A solar energy system is installed onsite where the size is equal to 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.
Amend 14-9A-1, Definitions, as follows:
BUILDING: Any structure with a roof and designed or intended to support, enclose, shelter or
protect persons, animals or property. Solar energy systems are not considered buildings.
MECHANICAL STRUCTURES. A mechanical structure is an accessory use which includes
any equipment that is powered by electricity, gas, or other similar method. This may
include plumbing, electrical, or other similar utility equipment that serves a property.
Mechanical structures may be located on the ground level, attached to a structure, or on
the rooftop level. Examples include, heat pumps, air conditioners, emergency generators,
water pumps, Electric Vehicle (EV) charging stations, and solar energy systems.
SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the purpose
of which is to provide for generation of electricity, the collection, storage and distribution of solar
energy. Rooftop solar energysystems are considered accessory mechanical structures.
Utility -scale ground -mounted solar energy systems are considered a principal institutional
use. See the definition for utility -scale ground -mounted solar energy system for additional
information.
SOLAR ENERGY SYSTEM, UTILITY -SCALE GROUND -MOUNTED SOLAR ENERGY
SY�n: A solar energy system that is structurally mounted on the ground and is not roof
mounted, and the system's footprint is at least 1 acre in size. Utility -scale ground -mounted solar
energy systems may be used for both on-site and off-site consumption of energy. Ground -
mounted energy systems with a footprint of less than 1 acre in size must be accessory to
another principal use as an accessory mechanical structure.
Amend 15-3-6, Land Subdivisions, Energy and Communications Distribution Systems Design
Standards and Required Improvements, as follows:
D. In subdivisions approved after (effective date of this ordinancel, no restrictive
covenant shall be adopted or enforced against properties within said subdivision that
attempt to impose unreasonable restrictions on the use of solar collectors, as defined by
Iowa Code Chapter 564A.
I 1
CITY OF IOWA CITY
CITY OF IOWA CITY
MEMORANDUM
Date: November 2, 2022
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services
Parker Walsh, Associate Planner, Neighborhood & Development Services
Re: Zoning and Subdivision Code Amendments (REZ22-0011) to enhance land use
regulations related to solar energy systems and to further climate action goals
Introduction
Upon completion of the community -sourced solar feasibility study by the Johnson Clean Energy
District in January 2022, staff convened a working group of Climate Action Commissioners to
identify high-priority solar activities that align with the City's climate adaptation and mitigation
goals. As part of this process, the working group recommended that staff assess the current
zoning code for solar readiness and friendliness, review best practices, and develop code updates
to address any gaps that are found.
Historically, the City managed solar energy systems as accessory mechanical structures and/or
basic utility uses rather than by creating separate use categories. This meant rooftop and ground -
mounted solar energy systems that were accessory to another use were allowed administratively.
Meanwhile, larger solar arrays were reviewed as a principal basic utility use, which in some cases
required additional processes such as a special exception.
The zoning code was updated in 2019 to define solar energy systems and to distinguish utility -
scale ground -mounted solar energy systems from basic utility uses. The goal was to expand solar
projects into public zones without more broadly allowing basic utility uses, but it did not change
how smaller scale, accessory solar facilities were allowed. While this approach was generally
successful, staff has since identified additional code changes to further encourage the use of
renewable energy after reviewing best practices and policies of other cities. In addition, staff
identified other code changes to help further the City's climate adaptation and mitigation goals.
As a result, the proposed amendments to Title 14 Zoning and Title 15 Subdivisions (Attachment
1) were developed to enhance land use regulations related to solar energy systems and actions
to further climate action goals. Specifically, this includes clarifications to the code, voluntary
regulatory incentives which provide increased density and reduced parking in exchange for
implementing climate action goals (e.g. solar), and Electric Vehicle Readiness parking
requirements. Staff also consulted with the Climate Action Commission's working group to
ensure the amendment aligns with their initial recommendations.
Current Regulations
The Zoning Code (Title 14) defines a solar energy system as a device, array of devices, or
structural design feature which provides for the generation of electricity and the collection,
storage, and distribution of solar energy. The code distinguishes between accessory solar
energy systems, which are allowed with few restrictions in conjunction with all uses, and utility -
scale solar energy systems, which are allowed in most commercial and all industrial, research,
and public zones. The City also uses streamlined review processes in local historic and
conservation districts for low -impact solar installations. Specific requirements are detailed below.
November 2, 2022
Page 2
Accessory Solar Energy Systems
The City classifies accessory solar energy systems as mechanical structures, which are allowed
in every zone with another principal use where the criteria in Table 1 are met. Rooftop solar energy
systems are always considered to be accessory. This process is administrative (i.e. staff -level
review and approval), which is considered a best practice.
Table 1: Reauirements for Accessory Solar Enerav Systems
Zones
Roof -Mounted Requirements
Ground -Mounted Requirements
Single-
Family
Residential
• Integrated into building design;
• Screened behind building
features; or
• Set back from the edge of the
roof so it is not visible.
• Rooftop panels on homes are
considered integrated into the
building design.
• Located at least 2 feet from side/rear lot lines
• Not located between the principal dwelling
and the street
• Screened from public view by landscaping to
the S2 (Variable Height) standard or by wall
or fencing materials complementary to the
principal structure unless accessory to a
single-family use
Industrial
• May be visible from the ground.
• Located at least 2 feet from any lot line in
compliance with any additional standards
that apply in certain zones or for certain uses
• Screened from public view by landscaping to
the S2 (Variable Height Screen) standard or
by wall or fencing materials complementary
to the principal structure unless accessory to
a single-family use
All Other *
• Integrated into building design;
• Screened behind building
features; or
• Set back from the edge of the
roof so it is not visible.
• Rooftop panels on homes are
considered integrated into the
building design.
• Located at least 2 feet from any lot line in
compliance with any additional standards
that apply in certain zones or for certain uses
• Screened from public view by landscaping to
the S2 (Variable Height) standard or by wall
or fencing materials complementary to the
principal structure unless accessory to a
single-family use
Solar energy systems in Form -Based zones are exempt from screening requirements.
Code Citations: 14 -4C -2N
Utility -Scale Ground -Mounted Solar Energy Systems
Ground -mounted systems over an acre in size are classified as a utility -scale ground -mounted
solar energy system, which is a principal use. Such systems may be for on-site and/or off-site
energy consumption. The requirements for this use in each zone are shown in Table 2. Similar to
other basic utility uses, larger solar energy systems are allowed provisionally in industrial and
public zones and by special exception in commercial, research, and Riverfront Crossings zones
(except for Mixed Use). However, utility -scale solar systems are not allowed as a principal use in
residential, Mixed Use, or Form -Based zones.
Table 2: Reauirements for Ground -Mounted Utility -Scale Solar Enerav Systems
Zones
Ground -Mounted Utility -Scale Solar Requirements
Industrial
• Allowed provisionally
and Public
• Located 200 feet from any residential zone and set back the greater of its
minimum setback or 20 feet from property lines
• Enclosed by security fencing 6 to 8 feet in height and typically screened from
public view/view of adjacent residential zones to the S3 (High Screen) standard;
• No taller than 15 feet in height
• On-site lighting must be equipped with full cutoff fixtures, shielded away from
adjacent properties, and positioned downward to minimize light spillage; and
November 2, 2022
Page 3
Code Citations: 14-2A-2, 14-2B-2, 14-2C-2, 14-2D-2, 14-2E-2, 14-2F-2, 14-2G-3, 14-2H-3, 14-48-40-18
Local Historic & Conservation Districts and Landmarks
Solar energy systems in Historic District Overlay (OHD) or Conservation District Overlay (OCD)
zones must apply for historic review. This is typically conducted by the Historic Preservation
Commission, but a streamlined process is approved where the following criteria are met:
• Installed on an outbuilding roof or the rear facing roof of a primary building (if other locations
are not possible, it may also be on a non -street facing elevation not impacting the street
view of the house).
• Installed close to the roof surface and at an angle that is like the roof surface.
• The frame and brackets are a color that blends with the building roof materials.
• Any equipment is away from a street -facing elevation, preferably on the structure's back.
If a project meets these standards, staff can administratively review and approve the solar energy
system. For projects that do not meet these standards, applicants in an OHD/OCD zone must still
present their project to the Historic Preservation Commission.
Proposed Amendments
The proposed amendment (Attachment 1) helps to enhance land use regulations related to solar
energy systems and to implement strategies aligned with the City's climate action goals.
Specifically, the proposed amendment:
1. Adds and clarifies definitions;
2. Limits regulatory barriers to solar energy systems;
3. Provides regulatory incentives (i.e. density bonuses and parking reductions) for projects
that incorporate certain practices aligned with the City's climate action goals; and
4. Requires that some spaces in parking areas be Electric Vehicle -Ready.
• Exterior surfaces of solar panels must have nonreflective finish and be designed
and installed to minimize glare towards vehicular traffic and adjacent buildings
Commercial
(except
Mixed Use),
Riverfront
Crossings,
and
Research
• Allowed by special exception (approved by the Board of Adjustment)
• Meet all provisional requirements for public and industrial zones
• Must be screened from public view/view of adjacent residential zones to the S3
(High Screen) standard and compatible with surrounding structures/uses based
on safety, size, height, scale, location, and design
• Must not be detrimental to or endanger public health, safety, comfort or welfare
• Must not injure the use and enjoyment of other property in the immediate vicinity
• Must not substantially diminish or impair property values in the neighborhood
• Must not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district in which it is located
• Must have adequate utilities, access roads, drainage and/or necessary facilities
• Must have adequate measures to provide ingress or egress designed to
minimize traffic congestion on public streets
• Must conform to applicable regulations of the zone in which it is to be located
• Must be consistent with the Comprehensive Plan of the City, as amended
Residential,
Mixed Use,
and Form -
Based
• Not Allowed
Interim Dev't
• Allowed provisionally in interim development — industrial (ID -I) zones
• Allowed by special exception in interim development — commercial (ID -C) and
interim development — research park (ID -RP) zones
• Not allowed in interim development — single-family or multi -family residential
(ID -RS or ID -RM) zones
Code Citations: 14-2A-2, 14-2B-2, 14-2C-2, 14-2D-2, 14-2E-2, 14-2F-2, 14-2G-3, 14-2H-3, 14-48-40-18
Local Historic & Conservation Districts and Landmarks
Solar energy systems in Historic District Overlay (OHD) or Conservation District Overlay (OCD)
zones must apply for historic review. This is typically conducted by the Historic Preservation
Commission, but a streamlined process is approved where the following criteria are met:
• Installed on an outbuilding roof or the rear facing roof of a primary building (if other locations
are not possible, it may also be on a non -street facing elevation not impacting the street
view of the house).
• Installed close to the roof surface and at an angle that is like the roof surface.
• The frame and brackets are a color that blends with the building roof materials.
• Any equipment is away from a street -facing elevation, preferably on the structure's back.
If a project meets these standards, staff can administratively review and approve the solar energy
system. For projects that do not meet these standards, applicants in an OHD/OCD zone must still
present their project to the Historic Preservation Commission.
Proposed Amendments
The proposed amendment (Attachment 1) helps to enhance land use regulations related to solar
energy systems and to implement strategies aligned with the City's climate action goals.
Specifically, the proposed amendment:
1. Adds and clarifies definitions;
2. Limits regulatory barriers to solar energy systems;
3. Provides regulatory incentives (i.e. density bonuses and parking reductions) for projects
that incorporate certain practices aligned with the City's climate action goals; and
4. Requires that some spaces in parking areas be Electric Vehicle -Ready.
November 2, 2022
Page 4
Definitions
The Zoning Code does not specify that solar energy systems (including related battery storage)
accessory to a principal use are considered mechanical structures. The proposed amendment
adds clarity by discussing solar energy systems in the definition for mechanical structures, by
noting in the definition for solar energy systems that they are accessory mechanical structures,
by amending the accessory standards for mechanical structures to reference solar energy
systems, and by discussing mechanical structures and solar energy systems in the use category
descriptions for household and group living uses. This will improve understanding of the code.
Removal of Potential Regulatory Barriers
The proposed amendment seeks to address several potential barriers to solar projects. In the
dimensional standards, it specifies that roof -mounted solar energy systems are included among
other roof structures that are exempt from maximum height limits. With regards to
ground -mounted solar energy systems, it clarifies that they are not buildings, and therefore do
not count towards the maximum lot coverage requirements. In addition, the amendment
removes the requirement that ground -mounted solar energy systems be screened to the S2
(Variable Height Screen) standard to help improve solar access and align standards regarding
solar energy systems for other uses with those for single-family uses. Similarly, it removes the
requirement that roof -mounted solar energy systems be concealed from public view which
brings the code into line with current practice where solar panels are typically found to be
integrated into the design of the building.
It also includes a new minor modification process for solar energy systems which
provides flexibility for unusual situations where strict application of the regulations is impractical.
To attain a minor modification, staff must find that the following criteria are met:
1. Special circumstances apply to the property, such as size, shape, topography, location,
surroundings, or characteristics, or preexisting site development, which make it impractical
to comply with the subject regulation or which warrant a modification and/or waiver of the
subject regulation.
2. The minor modification will not be detrimental to the public health, safety, or welfare or be
injurious to other property or improvements in the vicinity and in the zone in which the
property is located.
3. The minor modification does not exceed the minor modification standards or allow a use or
activity not otherwise expressly authorized by the regulations governing the subject
property.
4. The minor modification requested is in conformity with the intent and purpose of the
regulation modified.
5. The requested minor modification complies with other applicable statutes, ordinances, laws
and regulations.
This change helps address unforeseen barriers where special characteristics apply to a site. For
example, it may be possible to allow a solar energy system in the front setback if the lot is heavily
forested and other locations are not feasible for such a system.
Furthermore, the proposed amendment addresses private deed restrictions, often in the form of
homeowner association covenants, which can be a potential barrier to solar energy systems. It
includes a new clause prohibiting property deeds in new subdivisions from containing restrictive
covenants that unreasonably restrict the use of solar collectors, in accordance with Iowa Code
Section 564A.8.
Voluntary Regulatory Incentives
The proposed amendment includes residential density bonus and parking reduction options
for projects that further certain climate action goals to indirectly incentivize such practices. The
November 2, 2022
Page 5
practices selected were identified by sustainability staff as important priorities. The purpose of
the regulatory incentives is to off -set the financial costs of incorporating solar panels or
other sustainability measures into projects by reducing the number of parking spaces and/or
increasing the allowable number of dwelling units. Both regulatory incentives would be
administered by staff through the site plan or building permit process, or by City Council through
the Planned Overlay Development (OPD) rezoning process if it is used instead.
A residential density bonus would allow a reduction of the minimum lot size or minimum lot area
per unit by 10% for each of the provisions below that are met. The bonuses can be used for all
residential uses in all zones, except for Central Business Support (CB -5), Central Business
(CB -10), Riverfront Crossings, and Form -Based zones which do not regulate density.
Bonuses can also be stacked up to a total of 25% (i.e. meeting two provisions would allow a
20% bonus and meeting three would allow a 25% bonus). The bonus provisions include:
• Installation of a solar energy system equal to 40% of the roofs' surface area of all buildings;
• All uses within the development utilize electricity for 100% of their regular energy
consumption after construction; and/or
• All buildings are constructed to the most current edition of the International Energy
Conservation Code standards published by the International Code Council.
The amendment also allows a reduction in the minimum parking requirement that equals the
equivalent density bonus provided, up to a total parking reduction of 25%. Unlike the density
bonus, this would be available in all zones for all use types. Because parking areas cost money
to build and displace more valuable land uses, this provides an additional indirect incentive that
can be utilized by both residential and non-residential uses to offset the costs of improvements.
Electric Vehicle (EV) Readiness
Another climate action goal supported in the proposed amendment is the expansion of electric
vehicle (EV) charging infrastructure across the City. It does this by requiring that parking areas
with at least 5 spaces have 20% of those spaces ready to accommodate Electric Vehicle charging
stations (i.e. be EV -ready). EV -ready spaces need not include actual charging stations, but they
allow for the future inclusion of standard charging stations and avoid costly retrofits to install
chargers in the future while having minimal impacts on the cost of the parking area. While this will
primarily effect new development, it will also be required with substantial expansion and
redevelopment projects. Requiring that a percentage of parking spaces be EV -ready helps the
City proactively plan for future growth in the demand for electric vehicles.
Analysis
Current City policy is in line with many best practices encouraging the creation of solar energy
systems but can be improved. The intent of the proposed amendment is to address gaps in the
code. For a more detailed review of best practices and research, see Attachments 2 and 3.
Best Practices and Local Jurisdiction Research
One of the most effective practices to encourage solar energy systems is streamlining the review
and permit processes and limiting barriers to implementation. For example, SolSmart's Model
Solar Ordinance (Attachment 2) advises allowing solar by -right and using administrative review
for solar projects. This helps reduce the time and effort to approve solar projects. Iowa City already
administratively allows accessory solar uses in all zones and utility -scale solar in industrial and
public zones. However, the City does require a special exception for larger, stand-alone systems
in commercial and research zones and prohibits such uses in residential zones. Staff does not
recommend modifying standards for utility -scale solar at this time due to it being recently adopted.
Other best practices revolve around reducing potential zoning barriers, such as ensuring that
setbacks, height limits, and coverage requirements do not act as barriers to solar energy systems.
November 2, 2022
Page 6
Staff's proposed changes clarify requirements from which solar energy systems are already
exempt and provides a minor modification to address atypical situations.
Additional best practices include promoting solar -ready development. Solar readiness does not
require that solar energy systems be installed on buildings, but rather that structures can easily
integrate renewable energy sources later. This includes aligning structures for maximum sun
exposure and minimum shading and providing the electrical capability and space for future
installation, among other roof design considerations. Building solar ready development is cost
effective and reduces the need for infrastructure upgrades should solar or other renewable energy
sources be installed after development. At this time, staff proposes to incentivize the installation of
solar energy systems rather than solar readiness because it produces a greater benefit in return for
zoning bonuses and non -solar ready buildings can still have solar energy systems regardless.
Another way jurisdictions promote solar and renewable energy involves incentives for
development (Attachment 3), though these appear less common. Cities with incentives tend to
have solar friendly codes that allow solar by -right and provide additional flexibility from zoning
standards for solar energy systems. Incentives are often tied to climate action goals, such as
encouraging development of a range of renewable energy sources. Examples include:
• Density and height bonuses;
• Lot coverage bonuses; and/or
• Parking reductions.
Incentives are typically granted where a defined level of renewable energy is provided within a
development. For example, bonuses may be granted where on-site renewable energy will
accommodate at least 15% of a development's total anticipated energy consumption, with larger
bonuses granted for a higher percentage of energy provided renewably. Finding a balance
between the incentive and requirements to achieve the incentive is an important factor in whether
developers utilize them. Many communities only recently implemented these policies, so their
effectiveness is still unknown. However, the proposed amendment includes development
incentives for renewable energy, electrification, and using a higher energy conservation code.
Staff reviewed Electric Vehicle (EV) ordinances, as well as resources from the Great Plains
Institute. The goal of EV ordinances is to begin the support and transition to electric vehicles and
to reduce carbon pollution produced by transportation. Some cities require that a specified
percentage of parking spaces either be EV -Ready and/or contain Type II charging stations, which
provide 10 to 60 miles of range per hour of charging and are preferred for daily charging. Other
best practices include allowing charging stations in most zones, which Iowa City does. As electric
vehicles become more popular, it will remain important to provide access to charging stations.
Anticipated Impact
Some anticipated impacts of the proposed amendments will be educational, while others remove
potential barriers to the installation of solar energy systems. Changes that help increase clarity
for those interested in solar on their property including enhanced definitions that make it easier to
search the zoning code and understand how solar energy systems fit into the broader code
framework. In addition, the amendment will increase flexibility by reducing barriers to where solar
energy systems may be located and by allowing waivers where they would otherwise not have
been feasible before. Similarly, it would codify State law that prevents homeowner's
associations from imposing unreasonable restrictions on solar collectors.
A larger change is the new zoning bonus for projects incorporating renewable energy,
electrification, and/or higher energy conservation standards. Density bonuses and parking
reductions provide a financial incentive for sustainable practices in new development and
redevelopment. While the density bonuses apply primarily to residential projects, the parking
reduction can be utilized by non-residential uses as well, which should improve design flexibility
where parking has been a barrier. However, the parking reduction may also be used in the
November 2, 2022
Page 7
Downtown and Riverfront Crossings Parking District, which may negatively impact fee -in -lieu
payments for downtown parking improvements. This is a trade-off where less parking is provided
downtown in exchange for forward movement on climate action goals.
New EV -ready parking requirements are also a significant change. Requiring EV -ready spaces
will help support the adoption of EV transportation options by proactively planning for the needs
of the future. Altogether, the proposed amendment should increase renewable energy sources,
including solar, and further several of the City's climate action goals, while improved clarity and
flexibility improve understanding of the code and allow modifications where they are warranted.
Consistency with Comprehensive Plan
The vision of the Comprehensive Plan supports protecting and enhancing the environment and
encouraging the responsible use of our natural energy resources. To that end, the plan includes
a goal to "[c]ontinue to track, measure, and reduce energy consumption and greenhouse gas
emissions". Strategies that support this goal include the following:
• Monitor community -wide greenhouse gas emissions.
• Provide public education to residents, businesses, and industry to promote water and energy
efficiency, recycling, and other resource conservation efforts.
• Identify and seek opportunities to create incentives for the private sector (including residential
and commercial sectors) to increase energy efficiency and emission reductions through
funding and building code mechanisms.
Since the plan was adopted in 2013, the City has increasingly focused on climate action. The City
adopted a Climate Action and Adaptation Plan in 2018, declared a Climate Crisis in 2019 and
adopted the Accelerating Iowa City's Action Plan in 2020. The goal set by these plans is to reduce
carbon emissions by 45% from 2010 levels by 2030, which the City reached in 2020, and to
achieve net zero carbon emissions by 2050. The proposed amendments would help further these
goals by encouraging on-site renewable energy systems, electrification, and higher energy
conservation standards as discussed in the community -sourced solar feasibility study. It will also
facilitate adoption of electric vehicles throughout the community as encouraged in the City's
Climate Action and Adaptation Plan.
Taken together, these planning efforts continue to demonstrate the City's strong desire to
encourage the development of new sources of renewable energy and to create compatible
development through increased energy efficiency and electrification with the goal of reducing
greenhouse gas emissions. The proposed amendment does this by helping to clarify code
language for solar energy systems, to reduce potential barriers to solar development, and to
incentivize sustainable practices for new development.
Staff Recommendation
Staff recommends that Title 14 Zoning and Title 15 Land Subdivision be amended as illustrated
in Attachment 1 to enhance land use regulations related to solar energy systems and to further
implement the City's goals related to climate action.
Attachments
1. Proposed Zoning Code Text Amendments
2. Iowa Solar Model Ordinance (by the Great Plains Institute)
3. Solar and Electric Vehicle Readiness Best Practice Research Tables
Approved by: • St -1"-k"
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike -through notation indicates language to be
deleted
Amend 14 -2A -4C -1c, Exemptions from maximum height standards in single-family residential
zones, as follows:
(9) Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers, and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14-2A-7, Special provisions for single-family residential zones, as follows:
E. Sustainability Bonus Options: The following bonuses may be granted through the
process set forth in Title 18, "Site Plan Review", or the building permit process where a
site plan is not required.
1. Modifications to Dimensional Standards: The minimum lot size or minimum lot area
per unit may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
2. Parking Reduction: Where any of the above provisions modifying dimensional
standards are met, the minimum parking requirement may be reduced as allowed in
section 14 -5A -4F-10.
Amend 14 -2B -4C -1d, Exemptions from maximum height standards in multi -family residential
zones. as follows:
(9) Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers, and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14-2B-8, Special provisions for multi -family residential zones, as follows:
E. Sustainability Bonus Options: The following bonuses may be granted through the
process set forth in Title 18, "Site Plan Review", or the building permit process where a
site plan is not required.
1. Modifications to Dimensional Standards: The minimum lot size or minimum lot area
per unit may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
Attachment 1
Page 2
2. Parkins Reduction: Where any of the above provisions modifying dimensional
standards are met, the minimum parking requirement may be reduced as allowed in
section 14 -5A -4F-10.
Amend 14 -2C -4C -1c, Exemptions from maximum height standards in commercial zones, as
follows:
(10) Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14-2C-11, Special provisions for commercial zones, as follows:
E. Sustainability Bonus Options: The following bonuses may be granted through the
process set forth in Title 18, "Site Plan Review", or the building permit process where a
site plan is not required.
1. Modifications to Dimensional Standards: The minimum lot size or minimum lot area
per unit may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
2. Parking Reduction: Where any of the above provisions modifying dimensional
standards are met, the minimum parking requirement may be reduced as allowed in
section 14 -5A -4F-10.
Amend 14 -2D -4C-3, Exemptions from maximum height standards in industrial and research
zones, as follows:
j. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14 -2F -4B-2, Exemptions from maximum height standards in public zones, as follows:
i. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances
required to operate and maintain the building.
Amend 14 -2H -2C -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See Building Height in
Article 14-9A (General Definitions).
Amend 14 -2H -2D -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height in
article 14-9A (General Definitions).
Attachment 1
Page 3
Amend 14 -2H -2E -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height in
article 14-9A (General Definitions).
Amend 14 -2H -2F -4a, Height, Footnote 3, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height in
article 14-9A (General Definitions).
Amend 14 -2H -2G -4a, Height, Footnote 2, as follows:
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building a qht measurement. See building height in
article 14-9A (General Definitions).
Amend 14 -3A -4D, Maximum Residential Density for Planned Development Overlay Zones, as
follows:
1. The city will approve a residential density based on the underlying density allowed in the
base zone and what is compatible with the natural topography of the site and with surrounding
development. The residential density for a planned development may not exceed the value
specified in table 3A-1, located at the end of this subsection, except as allowed by subsection
14 -3A -4D-3. Actual residential density allowed, however, may be less than the maximum
expressed in the table due to the topographical constraints of the property, the scale of the project
relative to adjacent development, and the dimensional, site development, and other requirements
of this title.
2. For purposes of this article, "net land area" is defined as total land area minus public and
private street rights of way. When calculating net land area, the land area devoted to alley and
private rear lane rights of way need not be subtracted from the total land area. (Ord. 05-4186, 12-
15-2005)
3. Sustainability Density Bonus: The maximum residential density that is required by
Table 3A-1 may be increased by ten percent (10%) of the applicable requirement for each
of the following provisions that is met, up to a maximum of twenty-five percent (25%).
a. A solar energy system is installed onsite where the size is equal to 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.
Table 3A-1: Maximum Residential Densit
Underlying Base Zone
Dwelling Units Per Acre Of Net Land Area
RR -1
1
RS -5
5
RS -8
8
RNS-12
8
RS -12
13
Attachment 1
Page 4
MU
24
CO -1
15
CN -1
24
CC -2
15
RM -12
15
RNS-20
24
RM -20
24
RM -44
43
PRM
49*
*Density bonuses are available in the PRM zone that would increase the allowed density beyond
the figure in this table.
Amend 14 -4A -3A-3, Residential Use Categories, Household Living Uses, as follows:
Accessory Uses: Private recreational uses; storage buildings; parking for residents' vehicles.
Home occupations, accessory dwelling units, childcare homes, mechanical structures such as
rooftop solar energy systems, and bed and breakfast facilities are accessory uses that are
subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this
chapter. Any accessory use of the property shall remain secondary to the principal use of the
property for residential living.
Amend 14 -4A -3B-3, Residential Use Categories, Group Living Uses, as follows:
Accessory Uses: Recreational facilities; meeting rooms; associated offices; shared amenity
areas, shared kitchens and dining rooms, food preparation and dining facilities; off-street parking
for vehicles of the occupants and staff; storage facilities; mechanical structures including solar
energy systems; off-street loading areas.
Amend 14 -4B -1A, Minor Modifications, Applicability, as follows:
24. For solar energy systems, modifications to the accessory mechanical structure
standards contained in section 14 -4C -2N and other accessory development standards
contained in section 14-4C-3.
Amend 14 -4C -2N-2, Specific Approval Criteria for Accessory Uses and Buildings, Mechanical
Structures, as follows:
a. All ground level mechanical and utility equipment, such as heat pumps, air
conditioners, emergency generators, electrical vehicle charging stations, and water pumps,
must be screened from public view to at least the S2 standard. (See chapter 5, article F,
"Screening And Buffering Standards", of this title.) If it is not feasible to use landscape
screening, the mechanical equipment must be screened using wall or fencing materials
complementary to the principal structure. Mechanical structures accessory to sSingle-family
uses and solar energy systems accessory to any uses are exempt from this standard.
b. In all zones except 1-1 and 1-2, rooftop mechanical equipment must be concealed from
public view by integrating equipment into the design of the building, screening equipment behind
building features, such as parapets, or by setting the equipment back from the edge of the roof
so that it is not visible from ground level. Solar energy systems are exempt from this
standard.
2. Setbacks:
Attachment 1
Page 5
a. Single -Family Residential Zones: Mechanical structures must be set back at least two
feet (2') from the side and rear lot lines. However, mechanical structures may not be located
between the principal dwelling and the street.
b. All Other Zones: Mechanical structures must be set back at least two feet (2') from any
lot line. Additional location standards may apply in certain zones or for certain uses.
3. Minor Modifications for Solar Energy Systems: A minor modification for solar
energy systems may be requested according to chapter 4, article B of this title.
Amend 14 -5A -4F, Off Street Parking and Loading Site Development Standards, Alternatives to
Minimum Parking Requirements, as follows:
10. Sustainability Parking Reduction: The minimum parking requirement may be
reduced by ten percent (10%) where each of the following provisions promoting
sustainable development is met, up to a maximum reduction of twenty-five percent (25%).
This parking reduction will be administered through the process set forth in Title 18, "Site
Plan Review", or the building permit process where a site plan is not required. This
reduction may be used in conjunction with the Sustainability Bonus Options specified in
sections 14 -2A -7E, 14 -2B -8D, 14 -2C -11E, and 14 -3A -4K -1d.
a. A solar energy system is installed onsite where the size is equal to 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.
Amend 14 -5A -5F, Standards for Structured Parking In Multi -Family and Commercial Zones, The
Eastside Mixed Use District, And The Riverfront Crossings Zones, as follows:
8. Electric Vehicle -Ready (EV -Ready) Parking: At least twenty percent (20%) of the
number of parking spaces within the parking area must be EV -ready. An EV -ready space
must be provided with a dedicated branch circuit that is not less than 40 -ampere and
208/240 -volt that is assigned for electric vehicle supply equipment terminating in a
receptacle or junction box located within charging distance of the proposed EV parking
space. For two adjacent EV -Ready spaces, a single branch circuit is permitted.
Amend 14 -5A -5G, Standards For Structured Parking In Industrial And Research Zones, as
follows:
3. Electric Vehicle -Ready (EV -Ready) Parking: At least twenty percent (20%) of the
number of parking spaces within the parking area must be EV -ready. An EV -ready space
must be provided with a dedicated branch circuit that is not less than 40 -ampere and
208/240 -volt that is assigned for electric vehicle supply equipment terminating in a
receptacle or junction box located within charging distance of the proposed EV parking
space. For two adjacent EV -Ready spaces, a single branch circuit is permitted.
Amend 14 -5A -5H, Design And Layout Of Surface Parking Areas. as follows:
5. Electric Vehicle -Ready (EV -Ready) Parking: At least twenty percent (20%) of the
number of parking spaces within the parking area must be EV -ready. An EV -ready space
must be provided with a dedicated branch circuit that is not less than 40 -ampere and
208/240 -volt that is assigned for electric vehicle supply equipment terminating in a
receptacle or function box located within charging distance of the proposed EV parking
space. For two adjacent EV -Ready spaces, a single branch circuit is permitted.
Amend 14-9A-1, Definitions, as follows:
Attachment 1
Page 6
BUILDING: Any structure with a roof and designed or intended to support, enclose, shelter or
protect persons, animals or property. Solar energy systems are not considered buildings.
MECHANICAL STRUCTURES. A mechanical structure is an accessory use which includes
any equipment that is powered by electricity, gas, or other similar method. This may
include plumbing, electrical, or other similar utility equipment that serves a property.
Mechanical structures may be located on the ground level, attached to a structure, or on
the rooftop level. Examples include, heat pumps, air conditioners, emergency generators,
water pumps, Electric Vehicle (EV) charging stations, and solar energy systems.
SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the purpose
of which is to provide for generation of electricity, the collection, storage and distribution of solar
energy. Rooftop solar energy systems are considered accessory mechanical structures.
Utility -scale ground -mounted solar energy systems are considered a principal institutional
use. See the definition for utility -scale ground -mounted solar energy system for additional
information.
SOLAR ENERGY SYSTEM, UTILITY -SCALE GROUND -MOUNTED SOLAR E BE Y
SYS n: A solar energy system that is structurally mounted on the ground and is not roof
mounted, and the system's footprint is at least 1 acre in size. Utility -scale ground -mounted solar
energy systems may be used for both on-site and off-site consumption of energy. Ground -
mounted energy systems with a footprint of less than 1 acre in size must be accessory to
another principal use as an accessory mechanical structure.
Amend 15-3-6, Land Subdivisions. Energy and Communications Distribution Systems Design
Standards and Required Improvements, as follows:
D. In subdivisions approved after (effective date of this ordinancel, no restrictive
covenant shall be adopted or enforced against properties within said subdivision that
attempt to impose unreasonable restrictions on the use of solar collectors, as defined by
Iowa Code Chapter 564A.
Iowa Solar Model
Ordinance
Attachment 2
Photo by Katharine Chute
Prepared by Great Plains Institute with support from Sunshot and the Energy Foundation
GREAT PLAINS
INSTITUTE
Better Energy.
Better World.
Last Updated August 2020
Model Solar Ordinance — Iowa
Introduction
Iowa's solar energy resources are high quality and cost effective — as
good as many states to the south and consistently available across the
entire state. As solar energy system components have become more
efficient and less costly, an increasing number of solar energy systems
have been installed in Iowa. Market opportunities for solar development
have dramatically increased in Iowa over the last five years, such that
communities must now address solar installations as land use and
development issues. Solar energy components continue to improve in
efficiency and decline in price; large-scale solar energy is expected to
become the least expensive form of electric energy generation within a few
years, surpassing wind energy and natural gas in levelized cost of energy.
But solar energy is much more than just low-cost energy generation.
Households and businesses seeking to reduce their carbon footprint see
solar energy as a strong complement to energy efficiency. Agricultural producers see solar energy as an economic
hedge against price volatility in commodity crops. Utilities see solar's declining cost, high reliability, and free
fuel as a means to put downward pressure on electric rates. Corporate, institutional, and municipal buyers are
actively acquiring carbon -free solar generation to meet climate and clean energy goals. And innovative solar site
designs are capturing habitat and water quality co -benefits by using solar with habitat -friendly ground cover to
restore eco -system functions.
Model Solar Energy Standards
This ordinance is based on the model
solar energy ordinance originally
created for Solar Minnesota, under a
Million Solar Roofs grant from the U. S.
Department of Energy and updated for
the three -state Grow Solar initiative,
funded by Rooftop Solar Challenge Phase
2. It has been substantially updated
several times to address additional issues
and opportunities for Iowa communities
and the evolving solar industry, last
updated May 2020
Solar Energy Issues
Local governments in Iowa are seeing increasing interest by property owners in solar energy installations and
are having to address a variety of solar land uses in their development regulation. Given the continuing cost
reductions and growing value of clean energy, solar development will increasingly be a local development
opportunity, from the rooftop to the large-scale solar farm. Three primary issues tie solar energy to development
regulations:
1. Land use conflicts and synergies. Solar energy systems have few nuisances. But solar development
can compete for land with other development options, and visual impacts and perceived safety
concerns sometimes create opposition to solar installations. Good design and attention to aesthetics
can address most concerns for rooftop or accessory use systems. Good siting and site design
standards for large- and community -scale solar can similarly resolve conflicts and create co -benefits
from solar development, such as restoring habitat, diversifying agricultural businesses, and improving
surface and ground waters.
2. Protecting access to solar resources. Solar resources are a valuable component of property
ownership. Development regulations can inadvertently limit a property owner's ability to access their
solar resource. Communities should consider how to protect and develop solar resources in zoning,
subdivision, and other development regulations or standards.
3. _.,=. Local government can go beyond simply removing
regulatory barriers and encourage solar development that provides economic development, climate
protection, and natural resources co -benefits. Local governments have a variety of tools to encourage
appropriately sited and designed solar development to meet local goals.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Components of a Solar Standards Ordinance
Solar energy standards should:
1. Create an as -of -right solar installation path for property -owners. Create a clear regulatory path (an
as -of -right installation) to solar development for accessory uses and - if appropriate - for principal
uses such as large-scale solar and ground -mounted community shared solar installations.
2. Enable principal solar uses. Define where community- and large -solar energy land uses are
appropriate as a principal or primary use, set development standards and procedures to guide
development, and capture co -benefit opportunities for water quality, habitat, agriculture.
3. Limit regulatory barriers to developing solar resources. Ensure that access to solar resources is
not unduly limited by height, setback, or coverage standards, recognizing the distinct design and
function of solar technologies and land uses for both accessory and principal uses.
4. Define appropriate aesthetic standards. Retain an as -of -right installation pathway for accessory
uses while balancing design concerns in urban neighborhoods and historic districts. Set reasonable
aesthetic standards for solar principal uses that are consistent with other principal uses that have
visual impacts.
5. Address cross -property solar access issues. Consider options for protecting access across property
lines in the subdivision process and in zoning districts that allow taller buildings on smaller (urban
density) lots.
6. Promote "solar -ready" design. Every building that has a solar resource should be built to seamlessly
use it. Encourage builders to use solar -ready subdivision and building design.
7. Include solar in regulatory incentives. Encourage desired solar development by including it in
regulatory incentives; density bonuses, parking standards, flexible zoning standards, financing/
grant programs, promotional efforts.
Different Community Types and Settings
The model ordinance language addresses land use concerns for both
urban and rural areas, and thus not all the provisions may be appropriate
for every community. Issues of solar access and nuisances associated
with small or accessory use solar energy systems are of less consequence
in rural areas, where lot sizes are almost always greater than one acre.
Large-scale and community- scale solar (principal solar land uses) are
much more likely to be proposed in rural areas rather than developed
cities. However, urban areas should consider where community- or
large-scale solar can add value to the community and enable economic
development of a valuable local resource. Rural communities should
address rooftop and accessory ground -mounted development, although
the standards used in this model are designed more for the urban circumst
Solar development is not one thing
Communities would not apply the same
development and land use standards
to an industrial facility and a single
family home, merely because both are
buildings. Community and large-scale
solar development is a completely
different land use than rooftop or
backyard solar. Standards that are
appropriate for large-scale solar may
well be wholly inappropriate for rooftop
solar and may unnecessarily restrict or
stymie solar development opportunities
of homes and business owners.
ances.
This ordinance includes language addressing solar energy as an accessory use to the principal residential or
commercial use in an urban area and language for principal solar uses more typically seen in rural communities.
Communities should address both types of solar development.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Model Ordinance
I. Scope — This article applies to all solar energy installations in Model Community.
II. Purpose — Model Community has adopted this regulation for the following purposes:
A. Comprehensive Plan Goals — To meet the goals of the
Comprehensive Plan and preserve the health, safety and
welfare of the community by promoting the safe, effective
and efficient use of solar energy systems. The solar energy
standards specifically implement the following goals from the
Comprehensive Plan:
1. Goal — Encourage the use of local renewable energy
resources, including appropriate applications for wind,
solar, and biomass energy.
2. Goal — Promote sustainable building design and
management practices to serve current and future
generations.
3. Goal — Assist local businesses to lower financial and
regulatory risks and improve their economic, community,
and environmental sustainability.
4. Goal — Efficiently invest in and manage public infrastructure
systems to support development and growth.
Comprehensive Plan Goals
Tying the solar energy ordinance to
Comprehensive Plan goals is particularly
important for helping users (both Planning
Commission and community members)
understand why the community is developing
and administering regulation.
The language here provides examples of
different types of Comprehensive Plan goals,
and other policy goals that the community
may have that are served by enabling
and encouraging solar development. The
community should substitute its policy goals
for these examples.
The Comprehensive Plan may not
include goals that are enhanced by solar
development, (such as climate protection
or local resource economic goals). The
comm unity should consider creating a local
energy plan or similar policy document
to provide a policy foundation for solar
development regulation.
B. Climate Change Goals — As a signatory of the Cool Cities
program, Model Community has committed to reducing carbon and other greenhouse gas emissions.
Solar energy is an abundant, renewable, and nonpolluting energy resource and its conversion to
electricity or heat reduces dependence on nonrenewable energy resources and decreases the air and
water pollution that results from the use of conventional energy sources.
C. Iowa Smart Planning — Iowa Smart Planning principles must be considered when local governments
make planning, zoning, development, and resource management decisions. Model Community has
adopted Principle 3 — Clean, Renewable, and Efficient Energy — to encourage the promotion of clean
energy use through increased access to renewable energy resources.
D. Infrastructure — Distributed solar photovoltaic systems will enhance the reliability and power quality of
the power grid and make more efficient use of Model Community's electric distribution infrastructure.
E. Local Resource — Solar energy is an underused local energy resource and encouraging the use of
solar energy will diversify the community's energy supply portfolio and reduce exposure to fiscal risks
associated with fossil fuels.
F. Improve Competitive Markets — Solar energy systems offer additional energy choice to consumers and
will improve competition in the electricity and natural gas supply market.
Iowa Model Solar Ordinance 1 Last Updated August 2020
III. Definitions
Agrivoltaics – A solar energy system co -located on the same
parcel of land as agricultural production, including crop
production, grazing, apiaries, or other agricultural products or
services.
Building -integrated Solar Energy Systems – A solar energy
system that is an integral part of a principal or accessory
building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of
the building. Building -integrated systems include but are not
limited to photovoltaic or hot water solar energy systems that
are contained within roofing materials, windows, skylights, and
awnings.
Solar Definitions
Not all these terms are used in this model
ordinance, nor is this a complete List of solar
definitions. As a community develops its own
development standards for solar technology,
many of the concepts defined here may be
helpful in meeting local goals. For instance,
solar daylighting devices may change the
exterior appearance of the building, and
the community may choose to distinguish
between these devices and other architectural
changes.
Community -Scale Solar Energy System – A commercial solar energy system that converts sunlight into
electricity for the primary purpose of serving electric demands off-site from the facility, either retail or
wholesale. Community -scale systems are principal uses and projects typically cover less than 20 acres.
Community Solar Garden –A solar energy system that provides retail electric power (or a financial
proxy for retail power) to multiple community members or
businesses residing or located off-site from the location of the
solar energy system. Also referred to as shared solar.
Grid-intertie Solar Energy System — A photovoltaic solar
energy system that is connected to an electric circuit served by
an electric utility company.
Ground -mounted – a solar energy system mounted on a rack or
pole that rests or is attached to the ground. Ground -mounted
systems can be either accessory or principal uses.
Large -Scale Solar Energy System –A commercial solar energy
system that converts sunlight into electricity for the primary
purpose of wholesale sales of generated electricity. A large-
scale solar energy system will have a project size greater than 20 acres and is the principal land use for
the parcel(s) on which it is located.
Differentiating Solar Uses by Size
Community -scale and Large-scale systems
are defined here as occupying less than 20
acres and greater than 20 acres respectively.
Some communities will use a tower number
(ten acres) and some a higher number (up
to 50 acres). An ex -urban city would use a
lower number and a rural county could use a
higher number. Community -scale is generally
a size that can fit into the land use fabric of
the community without assembly of separate
parcels. Some communities have chosen not
to distinguish between community- and large-
scale, but use a single large-scale designation.
Off -grid Solar Energy System — A photovoltaic solar energy system in which the circuits energized by the
solar energy system are not electrically connected in any way to electric circuits that are served by an
electric utility company.
Passive Solar Energy System — A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
Photovoltaic System – A solar energy system that converts solar energy directly into electricity.
Renewable Energy Easement, Solar Energy Easement — An easement that limits the height or location,
or both, of permissible development on the burdened land in terms of a structure or vegetation, or both,
for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened
land.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Roof -mount – a solar energy system mounted on a rack that is fastened to or ballasted on a structure
roof. Roof -mount systems are accessory to the principal use.
Roof Pitch — The final exterior slope of a roof calculated by the rise over the run, typically but not
exclusively expressed in twelfths such as 3/12, 9/12, 12/12.
Solar Access —Unobstructed access to direct sunlight on a lot or building through the entire year,
including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a
solar energy system.
Solar Carport – A solar energy system of any size that is installed on a carport structure that is accessory
to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.
Solar Collector — A device, structure or a part of a device or structure for which the primary purpose is to
transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does
not include frames, supports, or mounting hardware.
Solar Daylighting –Capturing and directing the visible light spectrum for use in illuminating interior
building spaces in lieu of artificial lighting, usually by adding a device or design element to the building
envelope.
Solar Energy — Radiant energy received from the sun that can be collected in the form of heat or light by
a solar collector.
Solar Energy System — A device, array of devices, or structural design feature, the purpose of which is to
provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of
solar energy for space heating or cooling, daylight for interior lighting, or water heating.
Solar Hot Air System — (also referred to as Solar Air Heat or Solar Furnace) – A solar energy system that
includes a solar collector to provide direct supplemental space heating by heating and re -circulating
conditioned building air. The most efficient performance includes a solar collector to preheat air or
supplement building space heating, typically using a vertically
mounted collector on a south -facing wall.
Solar Hot Water System — A system that includes a solar
collector and a heat exchanger that heats or preheats water for
building heating systems or other hot water needs, including
residential domestic hot water and hot water for commercial
processes.
Solar Mounting Devices — Racking, frames, or other devices
that allow the mounting of a solar collector onto a roof surface
or the ground.
Solar Resource — The design and construction of a building that
facilitates and makes feasible the installation of rooftop solar.
Solar Resource — A view of the sun from a specific point on a
lot or building that is not obscured by any vegetation, building,
or object for a minimum of four hours between the hours of
9:00 AM and 3:00 PM Standard time on all days of the year, and
can be measured in annual watts per square meter.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Solar Resource
Understanding what defines a 'solar
resource" is foundational to how land use
regulation affects solar development. Solar
energy resources are not simply where
sunlight falls. A solar resource has minimum
spatial and temporal characteristics, and
needs to be considered not only today but
also into the future. Solar energy systems are
economic only if the annual solar resource
(measured in annual watts per square meter)
are sufficiently high to justify the cost of
installation. The resource is affected by the
amount of annual shading, orientation of the
panel, and typical atmospheric conditions.
Solar resources on a particular site can be
mapped and quantified, similar to quantifying
other site resources that enhance property
value; mineral resources, prime soils for
agriculture, water, timber, habitat.
IV. Permitted Accessory Use — Solar energy systems are a permitted accessory use in all zoning districts
where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports
and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots
in all districts regardless of the existence of another building. Solar energy systems that do not meet the
following design standards will require a conditional use permit.
A. Height–Solar energy systems must meet the following height requirements:
1. Building- or roof- mounted solar energy systems shall
not exceed the maximum allowed height in any zoning
district. For purposes for height measurement, solar energy
systems other than building -integrated systems shall
be given an equivalent exception to height standards as
building -mounted mechanical devices or equipment.
2. Ground- or pole -mounted solar energy systems shall not
exceed 15 feet in height when oriented at maximum tilt.
3. Solar carports in non-residential districts shall not exceed
20 feet in height.
B. Setback — Solar energy systems must meet the accessory
structure setback for the zoning district and principal land use
associated with the lot on which the system is located, except
as allowed below.
1. Roof- or Building -mounted Solar Energy Systems - The
collector surface and mounting devices for roof -mounted
solar energy systems shall not extend beyond the exterior
perimeter of the building on which the system is mounted
or built, unless the collector and mounting system has been
explicitly engineered to safely extend beyond the edge, and
setback standards are not violated. Exterior piping for solar
hot water systems shall be allowed to extend beyond the
perimeter of the building on a side -yard exposure. Solar
collectors mounted on the sides of buildings and serving as
awnings are considered to be building -integrated systems
and are regulated as awnings.
2. Ground -mounted Solar Energy Systems — Ground -
mounted solar energy systems may not extend into the
side -yard or rear setback when oriented at minimum
design tilt, except as otherwise allowed for building
mechanical systems.
C. Visibility–Solar energy systems in residential districts shall be
designed to minimize visual impacts from the public right-of-
way, as described in C.1-3, to the extent that doing so does not
affect the cost or efficacy of the system. Visibility standards do not apply to systems in non-residential
districts, except for historic building or district review as described in E. below.
Height - Rooftop System
This ordinance notes exceptions to the height
standard when other exceptions for rooftop
equipment are granted in the ordinance.
Communities should directly reference the
exception language rather than use the
placeholder language here.
Height - Ground or Pole Mounted System
This ordinance sets a 15 foot height limit,
which is typical for residential accessory uses.
Some communities allow solar to be higher
than other accessory uses in order to enable
capture of the lot's solar resource when
lots and buildings are closer together. An
alternative is to balance height with setback,
allowing taller systems if set back farther— for
instance, an extra foot of height for every
extra two feet of setback. In rural (or large
lot) areas, solar resources are unlikely to be
constrained by trees or buildings on adjacent
lots and the lot is likely to have adequate solar
resource for a lower (10-15 foot) ground -
mount application.
Visibility and Aesthetics
Aesthetic regulation should be tied to design
principles rather than targeted at a specific
land use. If the community already regulates
aesthetics in residential districts, this model
language provides guidance for balancing
between interests of property owners who
want to use their on-site solar resources and
neighbors concerned with neighborhood
character. Substantial evidence demonstrates
that solar installations have no effect on
property values of adjacent properties. But
where aesthetic regulation is used to protect
community character, these standards provide
balance between competing goals.
1. Building Integrated Photovoltaic Systems — Building integrated photovoltaic solar energy systems
shall be allowed regardless of whether the system is visible from the public right-of-way, provided
the building component in which the system is integrated meets all required setback, land use or
performance standards for the district in which the building is located.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Building Integrated PV
Building integrated solar energy systems c
include solar energy systems built into roofing
(existing technology includes both solar
shingles and solar roofing tiles), into awnings,
skylights, and walls.
Roof -Mounted Solar Energy Systems
F This ordinance sets a threshold for pitche
roof installations that they not be steeper
than the finished roof pitch. Mounted
systems steeper than the finished roof pitch
change the appearance of the roof, and
create additional considerations in regard
to the wind and drift load on structural roof
components. If the aesthetic impacts are not
a concern to the community, the structural
issues can be addressed in the building permit,
as described in this Toofki
2. Aesthetic restrictions — Roof- or ground -mounted solar
energy systems shall not be restricted for aesthetic reasons
if the system is not visible from the closest edge of any
public right-of-way other than an alley, or if the system
meets the following standards.
a. Roof -mounted systems on pitched roofs that are visible
from the nearest edge of the front right-of-way shall have
the same finished pitch as the roof and be no more than
ten inches above the roof.
b. Roof -mount systems on flat roofs that are visible from
the nearest edge of the front right-of-way shall not be more
than five feet above the finished roof and are exempt from
any rooftop equipment or mechanical system screening.
3. Reflectors — All solar energy systems using a reflector to
enhance solar production shall minimize glare from the
reflector affecting adjacent or nearby properties.
D. Lot Coverage –Ground -mounted systems total collector area
shall not exceed half the building footprint of the principal
structure.
1. Ground -mounted systems shall be exempt from lot
coverage or impervious surface standards if the soil
under the collector is maintained in vegetation and not
compacted.
2. Ground -mounted systems shall not count toward accessory
structure limitations.
3. Solar carports in non-residential districts are exempt from
lot coverage limitations.
E. Historic Buildings — Solar energy systems on buildings within
designated historic districts or on locally designated historic
buildings (exclusive of State or Federal historic designation)
must receive approval of the community Heritage Preservation
Commission, consistent with the standards for solar energy
systems on historically designated buildings published by the
U.S. Department of Interior.
F. Plan Approval Required — All solar energy systems requiring a
building permit or other permit from Model Community shall
provide a site plan for review.
1. Plan Applications — Plan applications for solar energy
systems shall be accompanied by to -scale horizontal and
vertical (elevation) drawings. The drawings must show the
location of the system on the building or on the property
for a ground -mounted system, including the property lines.
Iowa Model Solar Ordinance I Last Updated August 2020
'Reflectors
Unlike a solar collector, reflector sys ems
do create a potential glare nuisance. While
reflector systems are unusual, communities
may want to include this reference as a
precaution.
Impervious Surface Coverage
Rather than consider the solar panel fo
ground -mount system as a roof this provision
recognizes that the ground under the pane
can mitigate stormwater risks if it is kept i
vegetation so that rain water can infiltrate
Any effects are deminimus for a small arra
the lot is otherwise within coverage ratios.
Roof Coverage
National Fire Code standards reco
keeping solar arrays well away from roof
edges and peak in order to enable some fire
fighting access. Different fire departme
have addressed this in different ways.
Recommendations for solar friend
permitting that accommodate Fire Code
recommendations can be found in the Sofa
America Board of Codes and Standards.
Plan Approv
This process is generally part of the process
for obtaining a building permit. If the
community does not issue building permi
it can be tied to a land use permit instead.
For rural areas or cities without standards for
rooftop systems, the plan approval section
may be eliminated.
2. Plan Approvals — Applications that meet the design requirements of this ordinance shall be granted
administrative approval by the zoning official and shall not require Planning Commission review. Plan
approval does not indicate compliance with Building Code or Electric Code.
G. Approved Solar Components — Electric solar energy system components must have a UL or equivalent
listing and solar hot water systems must have an SRCC rating.
H. Compliance with Building Code — All solar energy systems shall meet approval of local building code
officials, consistent with the State of Iowa Building Code, and solar thermal systems shall comply with
HVAC -related requirements of the Energy Code.
I. Compliance with State Electric Code — All photovoltaic systems shall comply with the Iowa State
Electric Code.
J. Compliance with State Plumbing Code — Solar thermal systems shall comply with applicable Iowa State
Plumbing Code requirements.
K. Utility Notification — All grid-intertie solar energy systems shall comply with the interconnection
requirements of the electric utility. Off -grid systems are exempt from this requirement.
Iowa Model Solar Ordinance 1 Last Updated August 2020
9
V. Principal Uses — Model Community encourages the
development of commercial or utility scale solar energy systems
where such systems present few land use conflicts with current
and future development patterns. Ground -mounted solar energy
systems that are the principal use on the development lot or lots
are conditional uses in selected districts.
A. Principal Use General Standards
1. Site Design
a. Setbacks—Community- and Targe -scale solar arrays must
meet the following setbacks;
1. Property line setback for buildings or structures in
the district in which the system is located, except as
other determined in 1.a.5 below.
2. Roadway setback of 150 feet from the ROW
centerline of State highways and CSAHs, 100 feet for
other roads, except as other determined in 1.a.5 below.
3. Housing unit setback of 150 feet from any existing
dwelling unit, except as other determined in 1.a.5
below.
4. Setback distance should be measured from the edge
of the solar energy system array, excluding security
fencing, screening, or berm.
5. All setbacks can be reduced by 50% if the array is
fully screened from the setback point of measurement.
b. Screening—Community- and large-scale solar shall be
screened from existing residential dwellings.
1. A screening plan shall be submitted that identifies
the type and extent of screening.
2. Screening shall be consistent with Model
Community's screening ordinance or standards
typically applied for other land uses requiring
screening.
3. Screening shall not be required along property lines
within the same zoning district, except where the
adjoining lot has an existing residential use.
Community -Scale Solar or Solar Gardens
Community solar systems differ from rooftop
or solar farm installations primarily in
regards to system ownership and disposition
of the electricity generated, rather than
land use considerations. There is, however,
a somewhat greater community interest
in community solar, and thus communities
should consider creating a separate land use
category.
This language limits the size of the garden to
ten acres, which is an installation of no more
than one MW of solar capacity. Communities
should tailor this size limit to community
standards, which may be smaller or larger.
Appropriate Setbacks
The community should consider balancing
Setback requirements and screening
requirements for principal use solar. Since the
primary impact to neighbors of large-scale
solar is visual, screening becomes less useful,
as the setbacks get larger (and vice versa).
The setback distances provided here are
general examples that should be modified to
be consistent with other setbacks already in
the ordinance. Excessive setbacks that are
unique to solar land uses, or that are similar
to high nuisance land uses such as industrial
uses or animal agriculture, are unjustified
given the low level of risk or nuisance posed
by the system.
Screening
The community should consider limiting
screening of community- or large-scale solar
to where there is a visual impact from an
existing use, such as adjacent residential
districts or uses. Solar energy systems may
not need to be screened from adjacent lots
if those lots are in agricultural use, are non-
residential, or have low -intensity commercial
use.
4. Model Community may require screening where it determines there is a clear community
interest in maintaining a viewshed.
Iowa Model Solar Ordinance 1 Last Updated August 2020
c. Ground cover and buffer areas – the following provisions shall apply to the clearing of existing
vegetation and establishment of vegetated ground cover. Additional site-specific conditions may
apply as required by Model Community.
1. Large-scale removal of mature trees on the site is
discouraged. Model Community may set additional
restrictions on tree clearing or require mitigation for
cleared trees.
2. The applicant shall submit a vegetative management
plan prepared by a qualified professional or reviewed
and approved by a natural resource agency or
authority, such as the Natural Resources Conservation
Service of the United States Department of Agriculture,
the XXXXX County Soil and Water Conservation
District, the XXXXX County Conservation Board, Iowa
State University Extension and Outreach, the Iowa
Department of Natural Resources, and the Iowa
Department of Agriculture and Land Stewardship. The
plan shall identify:
a. The natural resource professionals consulted or
responsible for the plan
Stormwater and Water Quality Standards
Perennial grasses and wildflowers planted
under the panels, between arrays, and in
setback or buffer areas will substantially
mitigate the stormwater risks associated with
solar arrays and result in less runoff than
typically seen from many types of agriculture.
Establishing and maintaining perennial
ground cover can have important co -benefits
to the community or the property owner. The
ground cover standards in Section A.3. will
mitigate many stormwater risks, although
soil type and slope can still affect the need for
additional stormwater mitigation.
Solar with native or perennial ground cover
can provide multiple water quality benefits
when converting from most agricultural crop
uses. Both groundwater (limiting nitrate
contamination) and surface waters (reducing
phosphorus and sediment loading) can benefit
if the system is appropriately designed.
b. The conservation, habitat, eco -system, or agricultural goals, which may include: providing
habitat for pollinators such as bees and monarch butterflies, providing habitat for wildlife
such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing,
reducing on-site soil erosion, and improving or protecting surface or ground water quality.
c. the intended mix of vegetation upon establishment
d. the management methods and schedules for how the vegetation will be managed on an
annual basis, with particular attention given to the establishment period of approximately
three years.
3. Soils shall be planted and maintained in perennial vegetation for the full operational life of the
project, to prevent erosion, manage run off and build soil.
4. Vegetative cover should include a mix of perennial grasses and wildflowers that will
preferably result in a short stature prairie with a diversity of forbs or flowering plants that bloom
throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate
for visual screening. Perennial vegetation (grasses and forbs) are preferably native to Iowa, but
where appropriate to the vegetative management plan goals, may also include other naturalized
and non-invasive species which provide habitat for pollinators and wildlife and/or other
ecosystem services (i.e. clovers).
5. Plant material must not have been treated with systemic insecticides, particularly
neonicontinoids.
d. Foundations —A qualified engineer shall certify that the foundation and design of the solar
panel racking and support is within accepted professional standards, given local soil and climate
conditions.
Iowa Model Solar Ordinance 1 Last Updated August 2020
e. Power and communication lines — Power and communication lines running between banks of
solar panels and to nearby electric substations or interconnections with buildings shall be buried
underground. Exemptions may be granted by Model Community in instances where shallow
bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury
lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator.
f. Fencing — Perimeter fencing for the site shall not include barbed wire or woven wire designs,
and shall preferably use wildlife -friendly fencing standards that include clearance at the bottom.
Alternative fencing can be used if the site is incorporating agrivoltaics.
2. Stormwater and NPDES — Solar farms are subject to Model Community's stormwater management
and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall
not be considered impervious surfaces if the project complies with ground cover standards, as
described in A.1.c. of this ordinance.
3. Other standards and codes — All solar farms shall be in compliance with all applicable local, state
and federal regulatory codes, including the State of Iowa Uniform Building Code, as amended; and
the National Electric Code, as amended.
4. Site Plan Required –The applicant shall submit a
detailed site plan for both existing and proposed
conditions, showing locations of all solar arrays, other
structures, property lines, rights-of-way, service roads,
floodplains, wetlands and other protected natural
resources, topography, electric equipment, and all other
characteristics requested by Model Community. The site
plan should show all zoning districts and overlay districts.
5. Aviation Protection — For solar farms located within 500
feet of an airport or within approach zones of an airport,
the applicant must complete and provide the results of a
glare analysis through a qualitative analysis of potential
impact, field test demonstration, or geometric analysis of
ocular impact in consultation with the Federal Aviation
Administration (FAA) Office of Airports, consistent with
the Interim Policy, FAA Review of Solar Energy Projects
on Federally Obligated Airports, or most recent version
adopted by the FAA.
6. Agricultural Protection — Solar farms must comply with
site assessment or soil identification standards that are
intended to identify agricultural soils. Model Community
may require mitigation for use of prime soils for solar array
placement, including the following:
a. Demonstrating co -location of agricultural uses
(agrivoltaics) on the project site.
Site Plan
Solar farm developers should provide a
site plan similar to that required by the
community for any other development. Refer
to your existing ordinance to guide site plan
submittal requirements.
Aviation Standards, Glare
This standard was developed for the FAA
for solar installations on airport grounds. It
can also be used for solar farm and garden
development in areas adjacent to airports.
This standard is not appropriate for areas
where reflected Light is not a safety concern.
Agricultural Protection
If the community has ordinances that protect
agricultural soils, this provision applies
those same standards to solar development.
Communities should understand, however,
that solar farms do not pose the same level or
type of risk to agricultural practices as does
housing or commercial development. Solar
farms can be considered an interim use that
can be easily turned back to agriculture at the
end of the solar farm's life (usually 25 years.)
b. Using an interim use or time-limited CUP that allows the
site to be returned to agriculture at the end of life of the solar installation.
c. Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent
to or surrounding the project site.
d. Locating the project in a wellhead protection area for the purpose or removing agricultural uses
from high risk recharge areas.
Iowa Model Solar Ordinance 1 Last Updated August 2020
7. Decommissioning — A decommissioning plan shall be required to ensure that facilities are properly
removed after their useful life.
a. Decommissioning of the system must occur in the event the project is not in use for 12
consecutive months.
b. The plan shall include provisions for removal of all structures and foundations, restoration of soil
and vegetation and assurances that financial resources will be available to fully decommission the
site.
c. Disposal of structures and/or foundations shall meet the provisions of the Model Community Solid
Waste Ordinance.
d. Model Community may require the posting of a bond, letter of credit or the establishment of an
escrow account to ensure proper decommissioning.
B. Community -Scale Solar – Model Community permits the
development of community -scale solar, subject to the following
standards and requirements:
1. Rooftop gardens permitted – Rooftop community systems
are permitted in all districts where buildings are permitted.
2. Community -scale uses – Ground -mounted community
solar energy systems must cover no more than ten acres
(project boundaries), and are a permitted use in industrial
and agricultural districts, and permitted with standards or
conditional in all other non-residential districts. Ground -
mounted solar developments covering more than ten acres
shall be considered large-scale solar.
3. Dimensional standards – All structures must comply with
setback and height, standards for the district in which the
system is located.
4. Other standards – Ground -mounted systems must comply
with all required standards for structures in the district in
which the system is located.
C. Large -Scale Solar – Ground -mounted solar energy arrays
that are the principal use on the lot, designed for providing
energy to off-site uses or export to the wholesale market, are
permitted under the following standards:
1. Conditional use permit–Solar farms are conditional uses
in agricultural districts, industrial districts, shoreland and
floodplain overlay districts, airport safety zones subject
to A.1.5 of this ordinance, and in the landfill/brownfield
overlay district for sites that have completed remediation.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Defining Community -Scale Solar
The acreage size for community -scale solar
garden written here (10 acres) is the high end
of project size for a one megawatt system,
but community -scale could be defined as
high as 10 megawatts (100 acre project size).
Community -scale solar is the size that can fit
in to the landscape.
Drinking Water Protection
In identifying preferred areas or districts
for solar principal uses, the community
should consider co -benefits of solar
energy development. One such potential
co -benefit is protection of drinking water
supplies. Solar energy development may be
intentionally sited within vulnerable portions
of public water supply systems as a best
management practice to restore and protect
perennial groundcover that reduces nitrate
contamination of ground water supplies.
Large -Scale Solar Conditional Uses
Large -scale solar should require a conditional
use or interim use permit in order for the
community to consider the site-specific
conditions. The districts listed here are
examples. Each community needs to consider
where large scale solar is suitable in the
context of its zoning districts and priorities.
13
Example Use Table
Use Type Residential
Large-scale
solar
Communi-
ty -scale solar
Accessory use
ground -mount-
ed solar
Rooftop solar
Mixed
Use
Business Industrial
Agricultural,
Rural, Landfill
Shoreland Floodplain
Special
(Conserva-
tion, Histor-
ic Districts)
C
C C C P P I PS 1 PS 1 PS
P
P
P
P
P
P
C
C
PS
P= Permitted
PS = Permitted Special (additional separate permit or review)
C = Conditional
Blank Cell = Prohibited
Solar as a Land Use
The above use table shows four types of solar development that are distinct types of land uses (two kinds of accessory uses, two
principal uses), and a group of districts or overlays that are commonly used in Iowa.
• Rooftop system are permitted in all districts where buildings are permitted, with recognition that historic districts will have special
standards or permits separate from the zoning permits.
• Accessory use ground -mount are conditional where potentially in conflict with the primary district or overlay goal.
• Community -scale solar principal uses are conditional where land use conflicts or opportunity conflicts are high, permitted where a
10 acre development can be integrated into the landscape, and requiring special consideration in shoreland and floodplain overlay
districts.
• Large-scale is prohibited in higher density districts and conditional in all other districts.
Both community- and large-scale solar is allowed in shoreland and floodplain overlay districts, because the site design standards
requiring beneficial habitat ground cover not only ensure a low -impact development but in most cases result in a restoration of eco-
system services from the previous (usually agricultural) use.
VI. Restrictions on Solar Energy Systems Limited — As of (adoption date for this ordinance) new
homeowners' agreements, covenant, common interest community standards, or other contract between
multiple property owners within a subdivision of Model Community shall not restrict or limit solar energy
systems to a greater extent than Model Community' solar energy standards.
Iowa Model Solar Ordinance 1 Last Updated August 2020
VII. Solar Access — Model Community encourages protection of
solar access in all new subdivisions and allows for solar resources
to be protected consistent with Iowa Statutes.
A. Solar Casements /Allowed — Model Community allows solar
easements to be filed, consistent with Iowa State Code
564A7. Any property owner can purchase an easement across
neighboring properties to protect access to sunlight. The
easement can apply to buildings, trees, or other structures
that would diminish solar access. In situations where the
easements are not voluntarily agreed to, the solar access
regulatory board may determine whether or not granting an easement is appropriate, consistent with
Iowa Statutes 564A.3.
B.
Homeowner installation Rights Protected
"City councils and county boards of
supervisors may include in ordinances relating
to subdivisions a provision prohibiting deeds
for property located in new subdivisions from
containing restrictive covenants that include
unreasonable restrictions on the use of solar
collectors."
Source: Iowa Statutes, 564A.8
Easements within Subdivision Proces- — Model Community requires new subdivisions to identify
and create solar easements when solar energy systems are implemented as a condition of a PUD,
subdivision, conditional use, or other permit, as specified in Section 8 of this ordinance.
Covenants and HOA Design Standards
One of the most common barriers to solar energy in developing areas are restrictive covenants in new subdivisions. The covenants are
intended to maintain the appearance of homes, property values, and saleability. If, however, the local government provides solar design
standards that protect against poor design of solar accessory uses, it is reasonable to limit the developer or homeowner's association
from creating unwarranted restrictions on a sustainable source of energy. Iowa law (noted above) allows communities to protect
individual home owners' solar development rights from restrictive covenants in new subdivisions. Some language is provided here,
but the language should be included in the subdivision ordinance, consistent with state law. Communities should, for clarity, ensure
al
that covenants requiring design review of improvements (even though the design review covenant does not mention solar) must make
reasonable provisions for allowing solar development by homeowners.
Iowa Statutes 564A.7 SOLAR ACCESS EASEMENTS.
1. Persons, including public bodies, may voluntarily agree to create a solar access easement. A solar access easement whether
obtained voluntarily or pursuant to the order of a solar access regulatory board is subject to the same recording and conveyance
requirements as other easements.
2. A solar access easement shall be created in writing and shall include the following:
1
a. The legal description of the dominant and servient estates.
b. A legal description of the space which must remain unobstructed expressed in terms of the degrees of the vertical and horizontal
angles through which the solar access easement extends over the burdened property and the points from which these angles are
measured.
3. In addition to the items required in subsection 2 the solar access easement may include, but the contents are not limited to, the
following:
a. Any limitations on the growth of existing and future vegetation or the height of buildings or other potential obstructions of the
solar collector.
b. Terms or conditions under which the solar access easement may be abandoned or terminated.
1
c. Provisions for compensating the owner of the property benefiting from the solar access easement in the event of interference with
the enjoyment of the solar access easement, or for compensating the owner of the property subject to the solar access easement for
maintaining that easement.
Iowa Model Solar Ordinance 1 Last Updated August 2020
VIII. Renewable Energy Condition for Certain Permits
A. Condition for Planned Unit Development (PUD) Approval
— Model Community may require on-site renewable energy
systems, zero -net -energy (ZNE) or zero -net -carbon (ZNC)
building designs, solar -synchronized electric vehicle charging
or other clean energy systems as a condition for approval of a
PUD permit to mitigate for:
1. Impacts on the performance of the electric distribution
system,
2. Increased local emissions of greenhouse gases associated
with the proposal,
3. Need for electric vehicle charging infrastructure to offset
transportation -related emissions for trips generated by the
new development,
4. Other impacts of the proposed development that are
inconsistent with the Model Community Comprehensive
Plan.
B. Condition for Conditional Use Permit — Model Community may
require on-site renewable energy systems or zero net energy
construction as a condition for a rezoning or a conditional use
permit.
IX. Solar Roof Incentives — Model Community encourages
incorporating on-site renewable energy system or zero net energy
construction for new construction and redevelopment. Model
Community may require on-site renewable energy or zero -net -
energy construction when issuing a conditional use permit where
the project has access to local energy resources, in order to ensure
consistency with Model Community's Climate Action Plan.
A. Density Bonus — Any application for subdivision of land in
the _ Districts that will allow the development of at least
four new lots of record shall be allowed to increase the
maximum number of lots by 10% or one lot, whichever is
greater, provided all building and wastewater setbacks can
be met with the increased density, if the applicant enters
into a development agreement guaranteeing at least three
(3) kilowatts of PV for each new residence that has a solar
resource.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Renewable Energy Conditions, Incentives
The community can use traditional
development tools such as conditional use
permits, PUDs, or other discretionary permits
to encourage private investment in solar
energy systems as part of new development
or redevelopment. This model ordinance
notes these opportunities for consideration by
local governments. In most cases, additional
ordinance language would need to be tailored
to the community's ordinances.
For instance, a provision that PUDs (or
other special district or flexible design
standard) incorporate solar energy should
be incorporated into the community's PUD
ordinance rather than being a provision of the
solar standards.
Conditional use permits generally include
conditions, and those conditions can include
renewable energy or zero net energy
design, but only lithe conditions are clearly
given preference in adopted policy or plans
providing the Board of adjustment with clear
guidance for approving the conditions. Explicit
reference to climate or energy independence
goals in the ordinance and explicit preference
for such conditions will set a foundation for
including such conditions in the permit.
Solar Roof Incentives
This section of the model ordinance includes
a series of incentives that can be incorporated
into development regulation. Most cities and
many counties use incentives to encourage
public amenities or preferred design. These
same tools and incentives can be used to
encourage private investment in solar energy.
Communities should use incentives that
are already offered, and simply extend that
incentive to appropriate solar development.
Some of the incentives noted here are not
zoning incentives, but fit more readily into
incentive programs offered by the community
(such as financing or incentive -based design
standards).
16
B Snlar-Ready Building — Model Community encourages
builders to use solar -ready design in buildings. Buildings that
submit a completed U.S. EPA Renewable Energy Ready Home
Solar Photovoltaic Checklist (or other approved solar -ready
standard) and associated documentation will be certified as
a Model Community solar ready home, and are eligible for
low-cost financing through Model Community's Economic
Development Authority. A designation that will be included in
the permit home's permit history.
C. Solar Access Varianc — When a developer requests a variance
from Model Community's subdivision solar access standards,
the zoning administrator may grant an administrative exception
from the solar access standards provided the applicant meets
the conditions of 1. and 2. below:
1. Solar Access Lots Identified — At least % of the lots, or
a minimum of_ lots, are identified as solar development
lots.
2. Covenant Assigned — Solar access lots are assigned a
covenant that homes built upon these lots must include a
solar energy system. Photovoltaic systems must be at least
three (3) KW in capacity.
3. Additional Fees Waived — Model Community will waive
any additional fees for filing of the covenant.
Iowa Model Solar Ordinance 1 Last Updated August 2020
Solar Ready Buildings
New buildings can be built `solar -ready' at
very low cost (in some cases the marginal
cost is zero). Solar energy installation costs
continue to decline in both real and absolute
terms, and are already competitive with retail
electric costs in many areas. If new buildings
have a rooftop solar resource, it is likely that
someone will want to put a solar energy
system on the building in the future. A solar
ready building greatly reduces the installation
cost, both in terms of reducing labor costs of
retrofits and by `pre -approving" most of the
installation relative to building codes.
A community's housing and building stock is a
form of infrastructure that although built by
the private sector, remains in the community
when the homeowner or business leaves
the community. Encouraging solar -ready
construction ensures that current and future
owners can take economic advantage of their
solar resource when doing so makes the most
sense for them.
Solar Access Subdivision Design
Some communities will require solar
orientation in the subdivision ordinance, such
as requiring an east -west street orientation
within 20 degrees in order to maximize lot
exposure to solar resources. However, many
such requirements are difficult to meet due
to site constraints or inconsistency with other
requirements (such as connectivity with
surrounding street networks). Rather than
simply grant a variance, the community can
add a condition that lots with good solar
access actually be developed as solar homes.
17
Attachment 3
Jurisdiction
Attachment
Applicability
3: Density Bonus Research
Developer Provides
Incentive
Type
Incentive Bonus
Review
Process
Year
Adopted
McCall, ID
1. Allowed through Planned Unit
Development process in all zones for
rezonings and/or subdivisions.
2. Only Council can grant a density bonus,
which is allowed through a PUD.
3. No restrictions on which developments
qualify for bonus other than the
requirement of being part of a PUD.
50% of the total energy needs of
the development are provided
by "solar, wind, geothermal, or
[an] alternative renewable
energy source
Density
Bonus
City provides a 10%
bonus to density
(based on the zone for
which development
will be in)
City Council
2006
Dietrich, ID
1. Allowed through Planned Unit
Development process in all zones for
rezonings and/or subdivisions.
2. Only Council can grant a density bonus,
which is allowed through a PUD.
3. No restrictions on which developments
qualify for bonus other than the
requirement of being part of a PUD.
1. Solar, wind, mini -hydro or
geothermal energy will provide
at least 50% of the total energy
needs of the PUD
2. wind, mini -hydro or
geothermal energy will provide
100% of the total energy needs
of the PUD
Density
Bonus
1.City provides a 10%
density bonus
2. City provides a 20%
density bonus.
Bonuses can be
granted singularly or
cumulatively with
additional density
bonuses options (i.e.,
affordable housing)
City Council
1999
October 25, 2022
Parker Walsh
Jurisdiction
Attachment
Applicability
3: Density Bonus Research
Developer Provides
Incentive
Type
Incentive Bonus
Review
Process
Year
Adopted
Hinesberg, VT
1. Allowed in all zones and districts
2. Bonuses can be granted based on the
amount of renewable energy provided for
a development. These bonuses can stack
up "Incentive Levels"for greater bonuses
or through a variety of other means to
gain incentives such as providing
affordable housing.
3. Bonuses apply to new development
The developer will reach an
incentive level based on the
amount of renewables provided:
'EX: Z5-49% of all development
units running on renewable
energy = Level 1 Incentive
Ei0-74% = Level 2 Incentive
®5%+ = Level 3 Incentive
Density
Bonus,
Lot
Coverage
Bonus,
Building
Height
Bonus,
Parking
Reduct'n
Density Bonus:
Density bonuses stack
but may not exceed
120% of base zone
density
Lot Coverage Bonus:
Level 1: +5%, Level 2:
+10%, Level 3: +15%
(Residential). Up to
20% non-residential
Building Height
Bonus: L1: +5 feet, L2:
+7 feet, L3: +10 feet
Parking Reduction:
L1: -10%, L2: -20%, L3:
25%
Dev't Review
Board. An
appointed
board of no
less than 5
members and
no more than 9
members
2018
October 25, 2022
Parker Walsh
Attachment 3: Density Bonus Research
Jurisdiction
Applicability
Developer Provides
Incentive
Type
Incentive Bonus
Review
Process
Year
Adopted
Duluth,
Minnesota
1. Solar, geothermal, and wind equipment
are allowed in all zones by right as an
accessory use. 2.Y
Allowed through rezoning, subdivisions,
site plan 3. Required
when development includes 3+ residential
units or 10k+ non-residential square feet
4. These are requirements, not incentives
!Alternative Energy:
1.00 pt - Generate or acquire
15% min. of the electricity
needed by the dev't from solar,
wind, etc
0.75 pt - Install solar panels on
15% min. of dwelling units
contained in onefamil Y ,two
family, or townhouse units or on
the primarystructure or at least
50% of multi -family buildings
g
0.25pt Pre wire 10%min. of
dwellingunits for solarpanels
Passive Solar:
1.00pt Orient 20% min. of
dwellingunits or lots within 20%
of east -west for max. solar
exposure
1.00 pt - Orient 20% min. of non-
residential buildings with one
longer axis east -west for max.
solar exposure
All new
dev't with
3+
dwelling
units or
10k sf of
non-
residential
dev't must
meet a
min.
amount of
points
Sustainability Point
System:
Projects w/ 3-29
dwelling units need 3
points and w/ 30+
units need 4 points
Non-residential
projects w/ 10-25k
need 3 points and
25k+ need 4 points
Planning &
Zoning
Commission:
Subdivisions
City Council:
Rezonings
Land Use
Supervisor and
Building
Official: Site
plans (Admin.)
2021
October 25, 2022
Parker Walsh
Jurisdiction
Attachment
Applicability
3: Density Bonus Research
Incentive
Type
Incentive Bonus
Review
Process
Year
Adopted
Developer Provides
Minneapolis,
MN
1. Height: May apply to increase the
height of a principal structure, except for
uses and locations that include any
property in an Interior Built Form Overlay
District or a single, two, or three family
dwelling or cluster development in any
Built Form Overlay District
Floor Area Ratio: Bonuses prevent the
underutilization of land, especially near
public transit. May apply to two and three
family dwellings in the Interior 2 and
Interior 3 Districts. FAR bonuses can apply
to all other new dev'ts in any form
district, excluding residential uses outside
of what is described above.
2. There are no requirements based on
dwelling units/square footage.
The project must meet one of
the following standards:
1. Any performance standard
(LEED, etc.) that achieves the
Minnesota Sustainable Building
2030, 2010-2014 Energy
Standard (a 60% energy/carbon
reduction from the 2003
Average Building Baseline); must
be submitted by a certified
architect. Building utility
energy/water info must be
submitted annually.
2. 40% min. of electricity usage
shall come from on-site
renewable energy sources
and/or renewable energy
credits.
Height
Premium
(Bonus),
Floor Area
Ratio
Premium
Height: Bonus varies
from 1 story or 14 feet
to 3 stories or 42 feet
depending on zoning.
Floor Area Ratio:
- Single, Two, and
Three family dwellings
can receive multiplier
of 0.1 per unit up to
0.7 depending on the
denisty allowed in the
undelying zone
- All premiums
determined by
underlying zone
1
Zoning
administrator
(unless
appealed, then
reviewed by
City Council)
Can run
concurrently
with rezoning/
subdivision
applications or
be decided
during site plan
2020
October 25, 2022
Parker Walsh
Jurisdiction
Attachment
Applicability
3: Density Bonus Research
Incentive Bonus
Review
Process _Adopted
Year
Developer Provides
Incentive
Type
Tacoma, WA
1. Height bonus for solar/energy
efficiency
- Height is for new dev't.
- Must be in a mixed use district
1. Install onsite solar energy
system that provides 15% min.
of expected annual operating
energy for the building.
2. Energy Efficiency: Design the
structure to reduce energy
usage beyond the prerequisite
standards by at least 20% for
new
structures and 10% for existing
structures. Energy savings must
be shown through energy cost
budget analysis.
3. Solar energy and energy
efficency incentives may be
stacked
Height
Bonus
Height Bonus: 10 feet
for each incentive
with a max bonus of
20 feet.
Admin.
2020
Puyallup, WA
1. Height bonus allowed in Community
Commercial Mixed Use zone (CCX)
2. Off street parking stall reduction
allowed in all mixed use zones
3. No minimum requirements to qualify
for incentives
Solar energy that provides 10-
15% of the expected annual
operating energy for the
building
Height
Bonus,
Off Street
Parking
Bonus
A 1 story height bonus
for 15% of expected
annual operating
energy from onsite
solar
A 10% off street
parking reduction for
10% of expected
annual operating
energy from onsite
solar
City Council
2017
October 25, 2022
Parker Walsh
Attachment 3: Electric Vehicle (EV) Research
Review
Process
Year
Adopted
Jurisidction
Applicability
Requirement
Des Moines, WA
Level 1, 2 and 3 vehicle chargers
allowed in all zones but not City
ROW
Compatibility: Charging should
match intensity of associated use.
EV charging station(s) with a
single-family use should serve
occupants with a Level 1 or 2
charging level. EV charging
station(s) in a parking lot with a
commercial use, public facility, or
vehicle service station near 1-5
may have multiple Level 3 rapid
charging stations
State Requiremnts: (City provides location and equipment specifics)
All new buildings with onsite parking must provide EV charging capability
to 10% of parking spaces or one space, whichever is greater. Said
capability must be able to accommodate 208/240 V 40 -amp or
equivalent EV charging. Electrical rooms serving buildings with onsite
parking must be able to serve a 20% min. of total parking spaces with
208/240 V 40 -amp or equivalent EV charging. Load management
infrastructure may be used to adjust the size/capacity of building electric
service equipment. 10% of accessible parking spaces or one space,
whichever is greater, must also be provided EV charging infrastructure
that may also serve adjacent spaces.
For assembly, education, or mercantile occupancies, the requirements
only apply to employee parking spaces. For utility or miscellaneous
occupancies, they do not apply.
Review by
Planning,
Building and
Public
Works
Dept as
part of
admin.
review
City in 2014
State in 2021
Madison, WI
EV charging facilities are
permitted in NMX, TSS, MXC, CC-
T, and CC zones (Select Mixed Use
and Commercial Districts). EV
charging facilities also permitted
in DC, UOR, UMX zones (Select
Downtown Districts)
EV ready spaces required in new
multi -family and commercial
development with some
exemptions
Uses when EV requirement shall
not apply:
Manufacturing, Restaurants,
Retail, Service Business,
Warehouse and Storage
EV Charing Stations are allowed
by right in all zones
Requires at least 10% of parking spaces to be EV ready in any new
residential use providing at least 6 spaces and any new parking facility,
or any expansion of a facility by 10k sf or more; 2% of spaces must have
EV charging installed, regardless of zone.
Required for certain uses where vehicles parked in excess of 6 hours.
Exemptions noted in Applicability.
Ordinance includes a schedule to increase the percentage of EV Ready
and EV Installed parking spaces every 5 years (EV Ready Spaces
increases by 10% every 5 years , EV Installed Spaces increases by 2%
every 5 years for parking facilities and 1% every 5 years for uses where
people park vehicles in excess of 6 hours)
EV Ready Space means a designated parking space which is provided
with electrical panel capacity and space to support a minimum 40 -
ampere, 208/240 -volt branch circuit, and the installation of raceways,
both underground and surface mounted, to support the future
installation of Electric Vehicle Supply Equipment to serve the parking
space
Admin.
2021
October 25, 2022
Parker Walsh
Attachment 3: Electric Vehicle (EV) Research
Review
Process
Year
Adopted
Jurisidction
Applicability
Requirement
Atlanta, GA
All new residential and
commercial construction
(including S-2 parking garages that
serve new occupancies), and
commercial expansions to existing
structures are required to provide
electric vehicle supply equipment
(EVSE)
Electric Vehicle charging stations
are permitted in all zones as an
accessory use and structure
Commercial/Residential: EV Ready infrastructure shall be installed per
National Electrical Code (NFPA 70) as adopted by the State.
Commercial: The ratio of EV parking spaces to non -EV parking spaces is
1:5. Must provide sufficient electrical capacity by using a 60 -amp 240 -
volt, 2 pole single phase, (208 volt if 3-phase feeder supplied) branch
circuit for future electrical load capacity needed for EVSE based on total
parking spaces.
Residential: All new Group R-3 occupancies (per IBC), and all new single-
family dwellings, two-family dwellings, and townhomes (per the IRC)
must provide EV ready infrastructure to accommodate future
installation of electric vehicle service equipment
All dwellings regulated shall provide sufficient electrical capacity for a 40-
ampere 240 -volt branch circuit for the future installation of EVSE.
The dwelling unit service ampere rating along with a level 2 EVSE branch
circuit at 125% shall be calculated for determination of the service size
for the building.
An area shall be provided within the attached garages, carport,
driveways, or detached garage for placement of EVSE.
Absent an attached or detached garage, an underground electrical
conduit shall be provided between the dwelling and the designated
parking space for the dwelling.
No requirements for installed EV parking spaces, only requirement for
residential is that the EV infrastructure be in place for future
accommodations.
Admin.
I
2017
Am. 2021
October 25, 2022
Parker Walsh
Attachment 3: Electric Vehicle (EV) Research
Review
Process
Year
Adopted
Jurisidction
Applicability
Requirement
Great Plains
Institute
Define what types of EVSE are
allowable by land use type. By
establishing compatible charging
stations according to land use
types, cities can eliminate
confusion about what is and isn't
allowable while also affirming the
desirability of EVSE within the
community.
Require that [the] main electrical switchgear for EV charging stations be
installed with sufficient space and capacity to support 20% of EV spaces
at 208/240V and 40A per space, with a dedicated branch circuit and
overcurrent protection device, per space.
Require that all parking spaces in a parking structure be EV Capable i.e.
conduit installed throughout the structure and subpanels sized to
accomodate 60A or 40A breakers for each.
Design criteria such as equipment mounting, location, cord
specifications, height, setbacks. etc. should be created for EVSE
installations.
Require set numerical percentage based goal for EV infrastructure in
new construction.
Create an incentive zoning that provides a bonus such as additional floor
area in exchange for provision of a public amenity or community
improvements. In the case of EVSE, a developer incentive would be
exchanged for EVSE prewiring or charging station installation
Create enforcement policies for EV parking and charging stations that
specify towing of vehicles in violation of the restriction or impose a fine.
Consider reducing EVSE permitting costs by waiving or subsidizing the
fees to residents and/or businesses.
Simplify and streamline permit process.
Up to
jursidict'n
EV Best
Practices
pub. in 2019
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 2, 2022 —6:00 PM — FORMAL MEETING
EM MA J. HARVAT HALL, CITY HALL
FINAL
MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Billie
Townsend, Chad Wade
MEMBERS ABSENT:
STAFF PRESENT:
Mark Signs
Sarah Gardner, Sara Hektoen, Kirk Lehmann, Anne Russett,
Parker Walsh
OTHERS PRESENT: Patrick Straight
RECOMMENDATIONS TO COUNCIL:
By a vote of 6-0 the Commission recommends to set a public hearing for November 16, 2022 on
a proposed amendment to the Southwest District Plan.
By a vote of 6-0 the Commission recommends to defer an amendment to Title 14, Zoning to
enhance land use regulations related to solar energy systems and further climate action goals to
give staff an opportunity to develop recommendations based on conversation.
CALL TO ORDER:
Hensch called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. CPA22-0002:
A request to set a public hearing for November 16, 2022 on a proposed amendment to the
Southwest District Plan.
Townsend moved to set a public hearing for November 16, 2022 on a proposed
amendment to the Southwest District Plan. Padron seconded the motion.
Craig asked if staff could put some more street names on some of the maps, it would be very
helpful to get a better overall view of the area.
A vote was taken and the motion passed 6-0.
CASE NO. REZ22-0011:
Consideration of an amendment to Title 14, Zoning to enhance land use regulations related to
solar energy systems and further climate action goals.
Lehmann began the staff report with some background noting this topic started as a discussion
about solar amendments specifically, and it kind of ballooned out from there to sustainability
Planning and Zoning Commission
November 2, 2022
Page 2 of 15
initiatives. Prior to 2019, the City treated solar energy uses either as basic utility uses for larger
scale solar energy systems or it's treated as an accessory mechanical structure. In 2019, staff
looked at the code, specifically to separate out utility scale ground mounted solar from those
basic utility uses. At that time, they were looking at trying to expand solar uses into some public
lands but have not moved forward with any projects in that regard. However, at that time they did
start to incorporate some definitions like solar energy systems and specified the utility scale
ground mounted solar with some standards that were different. Some of those changes were put
into the code in 2019, however, they continued to regulate accessory solar energy systems. If
they're with another principal use, they are regulated as mechanical structures. Then in early in
2022, the Johnson Clean Energy District completed a community sourced solar feasibility study,
and as part of that they provided lots of recommendations to the Climate Action Commission who
then formed a working group to look at solar readiness and solar accessibility and identified
some high priority items that they wanted to try and accomplish more quickly. One of those was
just evaluating the zoning code to see if there are gaps in the zoning code regarding solar. They
also want to see if there's other things the City can do to promote solar readiness and/or
friendliness, and just generally look at best practices and try and figure out what they can do to
improve the code. Staff is now coming before the Planning and Zoning Commission with this
amendment to address some of the items that were brought up in that study.
Lehmann stated in terms of current regulations, the City has three general areas. The first is
accessory solar energy systems. These are solar energy systems that are tied to another
principal use, they cannot be a standalone principal use, but are regulated as mechanical
structures in the code, and are allowed administratively. However, Lehmann noted there's
nothing in the code that explicitly links mechanical structures to solar energy systems, it's just
been that's how the code has been interpreted over time. He stated there are some specific use
standards that come with accessory solar energy systems which he talked about in the agenda
packet. He explained it varies between single family residential, industrial, and all other zones.
Generally, single family is a little more lenient, in some cases, especially for single family uses.
Industrial is also relatively lenient. But for other uses, there are some standards for location, such
as setbacks that are pretty friendly to solar, then there's also some screening standards that
primarily affect things that are not single family uses. Secondly, there's the utility scale ground
mounted solar, which was created in 2019. That is a standalone principal use, and it is where
there's a solar energy system that's one acre in size or larger. Those are allowed provisionally in
industrial and public zones and do require special exceptions in commercial, Riverfront
Crossings and research zones, but they are not allowed in residential and form -based zones.
Staff are not providing any recommendations regarding the utility scale ground mounted solar,
because it was relatively recently adopted, and it is still relevant today. Most of the standards that
they're looking at are tied to those accessory standard uses, as well as some other standards.
Lehmann also wanted to point out in historic overlay districts and historic conservation districts,
typically any exterior improvements do have to go to the Historic Preservation Commission for
review and approval. They did preapprove some solar energy systems as long as they meet
some criteria, such as being rear facing on buildings, or being close to roof surface and angled at
the same angle as the roof surface, making sure that it's trying to get away from the street
elevation. If those standards are met, then it can be approved administratively. That is one way
the City has tried to streamline solar in historic districts, if it doesn't meet those standards it
doesn't mean it can't be approved, it just means that it goes before the Historic Preservation
Commission.
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Lehmann stated staff has four proposed amendments. The first is to add and clarify definitions
within the code. The second is to limit regulatory barriers to solar energy systems. The third is to
look at regulatory incentives to try and encourage solar energy (which is where staff discussed
there are some other climate action goals they also want to incentivize). And fourth, again, as
they were discussing accessory mechanical structures, they also want to regulate EV charging
stations the same way and brought in some EV parking requirements as well as part of this
amendment.
Again, the first amendment is really regarding definitions, it's pretty much as simple as they didn't
have a definition of mechanical structure in the code and there's no linkages between
mechanical structures and solar energy system definitions within the code and with the
amendment, they are adding cross references between all these things.
The second is tied to the removal of potential regulatory barriers. Lehmann explained in some
cases, it's clarifying because some of these things are already understood to be regulated a
certain way. First, the code has exceptions for height for certain mechanical structures that are
on top of buildings, this is just specifying that solar energy systems are one of those. For
example, it's something that's been an understanding of the code, but this will explicitly bring
some of those things to the front because height limits has been linked as a barrier to solar
energy systems. The second is related to maximum lot coverage standards. Again, this is an
example of clarifying the code where maximum lot coverage means that there's a maximum
amount of the lot area that can be covered by a building however the building does not include
solar energy systems as a ground mounted use. This amendment will add to the definition to
specify solar energy systems don't count towards maximum lot use. Some other ones that were
modified are more in the lines of removal of potential barriers, one is removing the screening
requirement for ground mounted solar energy systems, that was already the case for single
family uses. The screening requirement that exists can prevent solar access for solar energy
systems and be a barrier to setting up solar energy systems. Therefore, staff is recommending
that screening requirements be removed for ground mounted solar, and that would also apply in
commercial and multifamily zones as well. Another one is to remove a requirement that solar
energy systems be either setback from the roof, designed in such a way that it phases into the
roof, and/or is screened from ground level. In many cases, it is already interpreted to be
designed as compatible to the roof, so this is taking that interpretation and applying it a little
larger. For example, on a single-family home with a solar panel that's on the roof already, that's
something seen as being compatible with the roof generally. This amendment is carrying that
into other zones as well. One of the larger changes, in terms of removal of regulatory barriers, is
adding a new minor modification. Lehmann explained minor modifications are a process that
adds flexibility within the code, it's an administrative process, and does have a public hearing
that's associated with it, but the determination is made by the building official. To be approved
for a minor modification it must meet five approval criteria. One is that special circumstances
must apply to the property which make it impractical to comply with the standard or warrant a
modification of some sort. There are some other ones about effects on neighboring properties,
complying with other applicable statutes, etc., overall is this a situation where for whatever
reason the standards aren't allowing it to work, and is it not going to have a negative impact. If
so then a minor modification can be approved. This amendment just adds in a process for solar
energy systems, when it comes to the standards that regulate mechanical structures. An
example of where such a minor modification might be warranted is for a home on a corner lot,
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which means two front yards. There is a location standard that one can't have a solar energy
system within the front setback, and because there were trees in the back of the property, the
only place to actually put a solar energy system that could collect solar energy was in the side
front yard. This is where a minor modification might be warranted. Finally, the last one is
something that's actually in the subdivision code, in Title 15, so not something this Commission
would typically review, but Lehmann wanted to bring it to their attention. The State empowers
municipalities to prevent unreasonable restrictions on solar collectors. This is unreasonable
deed restrictions, which generally are seen in the form of HOA covenants, so staff did add in
what the State code empowers, which is that new deed restrictions of unreasonable restricting
solar collectors would no longer be allowed.
Lehmann noted the next one is the larger change and if they really want to encourage solar
energy systems, they can't just remove the barriers, they should also try to provide some sort of
incentive to offset the cost of putting in a solar energy system. A couple things that they want to
incentivize may be seeing electrification of properties where they get their regular energy usage
from electricity and not natural gas, where they convert as much of the energy system electricity
into solar as possible but if they're still burning gas, it doesn't really address it. Additionally,
looking at the building code, specifically the International Energy Conservation Code, since they
can't adopt more strict energy conservation codes, they can have people voluntarily comply and
receive incentives for it. Lehmann stated those are the three items that staff looked at in terms of
regulatory incentives that might be voluntary and then came up with two possible incentives that
would help offset some of that cost. One is a residential density bonus, whereby the property
owner would be able to have a higher density and the other is a parking reduction, which costs
money to provide, up to a certain amount.
In terms of applicability, the residential bonus would basically apply in any zone, where
residential uses are allowed, and would be regulated by density. In terms of density, they're
talking about standards related to minimum lot size for single family homes and minimum lot area
per unit standards that apply to multifamily uses. Lehmann explained there are some residential
and commercial zones that don't regulate by density, for example CB -5 and CB -10, so those
zones aren't affected by this, Riverfront Crossings is the same way and the form -based code
recently adopted also doesn't really regulate by density, it regulates more by form and different
building types, but they all have different densities.
In terms of process, staff is recommending that it be an administrative process either through site
plan or building permit review. In some cases it might occur through a OPD rezoning and in
those cases it would be a legislative process because it would be part of that OPD plan and
would have to be requested as part of that. The way that the bonus was constructed are with
three general eligibility criteria. For each there would be a 10% decrease in minimum lot size per
unit, or a decrease in the minimum lot size for each of those provisions met. Lehmann explained
for the first one, it would be a 10% density bonus, for the second a 20% density bonus, but it is
capped at 25%, so it there were three it would be a maximum of a 25% density bonus. In terms
of what those criteria are specifically then, with regards to providing a solar energy system, they
would have to equal to 40% of the roof surface area. The original idea was that it is a percentage
of energy consumption, however in some cases they may have buildings with a smaller footprint
that are taller and, in those cases, it might not make sense to have it be a percentage of the total
energy consumption. So looking at roof area, they want to make sure that a roof can
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accommodate those solar energy systems. Lehmann explained it's kind of similar to the way that
they look at Riverfront Crossings bonus height. Second is looking at electricity for 100% of
regular energy usage. The reason that they say regular energy usage is that in some cases there
might be emergency backup generators that they want to still be able to run on gas if something
happens with the power system. Third is constructing the building to the most current
International Energy Conservation Code.
In terms of the parking reduction, it pretty much mirrors bonus density but it would be eligible for
all uses and all zones as currently written, and it would again be an administrative process
unless it went through an OPD. It would be a parking reduction that's equal to the same amount
of density bonus and be awarded for the same criteria.
Lehmann gave an example sample project to highlight. If someone is building a mixed-use
building on a 33,750 square foot site, zoned CC -2, which is community commercial and allows a
mix of uses and are going to provide solar panels on the roof equal to 40% of the roof area, and
going to build to the Energy Conservation Code, they are meeting two of the provisions,
therefore, can get 20% bonus. That would be a 20% density bonus and a 20% parking reduction.
What that would look like without the density bonus, assuming ground floor retail of about 5100
square feet, would typically allow 12 2 -bedroom units based on that lot area and with the
minimum parking between the retail and the residential spaces of 44 total parking spaces. With a
density bonus, they would still have the same amount of retail and that's not affected by the
proposed amendment, but with a 20% density bonus they would lower the minimum square foot
of lot area per unit and that would allow 15 2 -bedroom units. With regards to parking, then that
would increase total parking typically so the subtotal would be 50. But with a 20% density bonus,
that would subtract out 10 spaces and only require 40 spaces. Again, without a bonus it would be
12 units with 44 parking spaces, same retail. With a bonus, it would be 15 units with 40 parking
spaces. Lehmann did note this is a voluntary incentive, some people may not want to reduce
parking, but it is an option for those if the proposed amendment is adopted as recommended.
Craig asked if would also be available to someone who built an entirely residential building.
Lehmann confirmed it would.
Hensch asked if they are just talking about new construction only or can someone just rehab
their property and take advantage of some of these incentives by adding solar. Lehmann stated
they could renovate a building and if they meet the requirements potentially add more units and
be allowed. They would have to submit the permits and show that they meet the standards.
Lehmann moved on to the final set of regulations which are related to electric vehicle (EV)
readiness and they're trying to facilitate the expansion of electric vehicle charging stations. He
noted when they're talking about electric vehicle readiness, they're not talking about actually
installing chargers, they're talking about providing conduit and making sure that there's dedicated
circuits so it's able in the future to provide a level two charger, which is the standard charger for a
vehicle. In terms of requirements, for parking areas which are five or more spaces, 20% of
spaces would have to be EV ready. Again, that doesn't mean that they have to have spaces put
in, but it means that they have to be ready for electric vehicle spaces in the future. Lehmann
added one of the reasons they looked at EV readiness rather than chargers is because it's pretty
cost effective to make sure that the space can have electrical vehicle charging stations in the
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future, especially compared to retrofitting spaces to be able to have chargers, and they didn't
want to be too burdensome. This is just gearing up towards more electric vehicles in the future
and making sure there is a balance between what they're requiring and what is actually out there
right now. Lehmann stated this would affect new construction and could also potentially affect
substantial redevelopment projects. Additionally, any existing parking structure would become a
non -conforming structure essentially and then if it had major expansions, it might trigger the need
to comply. But generally, existing parking structures could continue as is.
Craig stated applying that to the previous example, 20% of those 40 spaces, which would be 8,
in a parking lot would have to have the infrastructure to at some point make them EV ready.
Lehmann confirmed that was correct.
Lehmann explained what EV readiness exactly entails. It's looking at providing a dedicated
branch circuit, it has to have a certain ampere and voltage, and it would have to have a junction
box that is within charging distance of the future charging infrastructure that could be added. He
noted it is his understanding is that it's a relatively small increase in cost to make it ready, it's a
larger increase in cost to actually install the chargers.
Lehmann next talked about best practices and research, noting a lot of this came out of looking
at best practices of other municipalities, looking at model ordinances, etc. For example, the
biggest thing is streamlining solar review and permitting processes, which is allowing solar by
right and having administrative review, which the City already does. He noted the problem is it's
hard to tell that they do it because the code doesn't explicitly link some of those things. The next
set of best practices is related to removing potential zoning barriers, things like height setbacks
and coverage requirements. Another one is looking at EV readiness or charging stations and
requiring that as a percentage of parking. Staff is proposing the EV ready route and acknowledge
they have a relatively high percentage that they're recommending, especially compared to other
communities, but a lot of other communities require a certain percentage to be actual charging
stations.
Elliott asked how they get from the EV ready to requiring a charging station. Lehmann stated it
would be installed when someone had a demand for it, essentially. Or in the case of condos
where they own their parking spaces, it would be the residents being able to actually make those
improvements themselves, if their space is one of the EV ready spaces.
Lehmann noted in terms of incentives for renewable energy, that's something that's less
common, it tends to be those communities that are really trying to encourage some of these
climate action goals. However, they do see things like density and height bonuses, lot coverage
bonuses and parking reductions. Staff determined that density and parking reductions are
probably the two that apply the most in Iowa City, since a lot of these other standards don't seem
to be terribly large incentives for development, and one of the big things with incentives is that
they have to make sure that they're balancing the incentive with the requirements. People aren't
going to use the incentive if it doesn't give them enough money to cover the cost of whatever
additional public good we are asking them to do. Lehmann noted this is all new so they are
really trying to figure out what that right balance is and it might be something that in the future the
either dial back a bit, or maybe need to bump up, it's somewhat of an ongoing process, but they
tried to come up with something that they thought might motivate folks to take advantage of
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some of these bonuses.
In terms of anticipated impacts, there are several benefits. A lot he has discussed already related
to educational benefits, making sure that people understand the code and how solar fits into the
code, reducing barriers so folks who might not have been able to provide solar on their property
before might now be able to provide solar, providing incentives that actually result in some of
these climate action goals, and then also supporting the transition to towards electric vehicles.
In terms of potential tradeoffs, Lehmann wanted to discuss the way parking reductions work
within the current code. There are lots of different ways one can reduce parking, in some cases
they can get a minor modification as a commercial use, and that's a 10% reduction, in other
cases they can get a 50% reduction for a unique use of some sort, they can get 100% reduction
if it's a historic property, and finally if they share uses, they can get a 25% reduction. So there
are all these different ways, kind of a menu to select from, to get parking reductions. What this
amendment does is add a new menu item, that would be a 25% reduction. Lehmann also noted
the parking reductions range from 10% to 100% and administrative reviews tend to be around
25% at the max, so above that goes before the Board of Adjustment. The City also allows a fee
in lieu of parking in the Riverfront Crossings and Downtown Parking District and within this area if
someone is unable or would prefer to pay a fee in lieu of parking then they can pay that fee and
they could not provide somewhere between 50% and 100% of their parking spaces. Those fees
then go towards a collected pot of money to provide public parking downtown. Lehmann stated
adding a process that would allow a 25% reduction as currently written could reduce the amount
of money that comes into fees in lieu of parking downtown so that really is a potential tradeoff.
Townsend noted with regard to the electric vehicle setups she is concerned about having those
in the parking structures because of stories of the batteries exploding and is there any thought
given to having those stations off towards the back of a parking lot or any regulations for how
they're set up. Lehmann said they did not look at where those EV ready spaces should be, EV
readiness is more tied towards the way that the electric grid is constructed. Townsend noted
there seems to be a lot of problem with batteries catching fire, and getting those fires put out.
Surely if they're connected to a building, that could be a problem with fire. Again, Lehmann said
they only discussed the EV readiness not where the chargers would be located and stated his
understanding of the batteries is a lot of that's tied to electric bikes.
Continuing with the analysis, Lehmann noted consistency with the Comprehensive Plan, the
basis of it is really sustainability and focusing on tracking, measuring and reducing energy
consumption and greenhouse gas emissions. Part of that is looking at the City's Climate Action
Plan as well, which has some pretty aggressive climate action goals of reducing carbon
emissions by 45% from 2010 levels by 2030 and achieving net zero emissions by 2050. This
amendment is a way to try and reach some of those goals, looking at things like renewable
energy systems, electrification, higher energy conservation standards, and also encouraging EV.
Staff recommends that Title 14 Zoning and Title 15 Land Subdivision be amended, as illustrated
in attachment one of the packet, to enhance land use regulations related to solar energy
systems, and to further implement the City's goals related to climate action.
Hensch noted this is an administrative review so there wouldn't be a public hearing associated
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with it. Lehmann confirmed that was correct. Hensch noted his concern is there's been lots of
concerns from different people opposed to projects because their view shed is interrupted and
would guess this would be one of those areas to where people don't like the look of PV panels
and the accessory items. With this amendment there would be no mechanism for these for
neighbors to be able to stop a project related to just not liking the view, since it's just an
administrative process. Lehmann replied the only place would be a forum in the minor
modification process because there is an administrative hearing where the public can present
their views. It is a public hearing held in City Hall with staff. However, for the density bonus and
parking reduction there would not be a public hearing.
Russett added if the concern is viewsheds, for the most part, solar panels are already allowed
administratively so there's currently no process for a neighbor to complain about a neighbor's
solar panel.
Padron had a question with the EV spaces, there's going to be a minimum requirement of 20% of
EV ready spaces but are there any requirements for ADA EV spaces. Lehmann stated there are
not. She would like to see some percentage of that 20% dedicated to ADA EV.
Elliott noted this amendment wouldn't cover public lands like the Waterworks Park. Lehmann
confirmed the Waterworks Park would still be regulated as it currently is and within public zones
utility scale solar energy systems are allowed as a provisional use. In the case of Waterworks
Park, it's City owned so Council would have to write off on it, but accessory solar is allowed by
right. For example, if a school wanted to add a large solar array that's accessory, then they
would just have to show that they meet the standards. Elliott asked if a solar system could be
put in Waterworks Park without a public hearing or public comment? Lehmann said it would still
have to go through Council because it's public land. Hekteon noted a project like that would be
utility scale and these amendments being proposed are not about utility scale.
Elliott noted a couple of years ago there was a Waterworks Park solar plan with MidAmerican
Energy, which was quite large. Hektoen confirmed that is not what they are talking about tonight.
Lehmann added they are not adjusting those requirements, but in public zones they are allowed
provisionally. In the Waterworks Park case there was a hearing because it was City -owned land
and not because of the special exception requirements.
Hektoen noted there were code amendments that were adopted around that time, the 2019
amendments, to look at something like that because at the time basic utility uses were not
allowed in public lands, they are now. Lehmann noted again they're not really touching the utility
scale because the 2019 code amendments were adequate, and they still stand today.
Craig noted the text in the packet says there should be screening of electrical vehicle charging
station with plantings and she wondered why they have to be screened and they aren't screening
the solar things. It's sort of hard to screen something and then park a car there. Lehmann
explained the current standard is that they have to be screened as an accessory mechanical
structure, they did not include waiving screening requirements for EV charging stations only for
solar. Craig noted an EV charging station is a lot smaller to look at than a solar panel. Lehmann
acknowledged that; however, the reason they looked at solar panels was mostly because of
solar access, where if there is a variable screen it's going to affect the amount of light that a solar
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panel gets. Craig asked if they had an older duplex that was on a big lot, a ranch style duplex,
and they had single car garages and decided to put EV charging stations and there was extra
parking pads on either side of those single car garages they would have to figure out how to
screen the EV charging stations. Lehmann said currently yes, it has to be screened from the
public right-of-way. It would have to be screened in the same way the parking area is screened.
He added single family uses are exempt from that requirement but that's the only use that's
exempted from the screening requirement as the code is currently written.
Russett noted one good example is at the North Dodge HyVee. Recently, they put in some new
Tesla chargers, by the gas station, and it was required that those be screened on the Dodge
Street side, so they added additional landscaping along the eastern property boundary.
Craig noted she is very iffy about giving incentives for the charging stations and giving parking
requirement incentives to add charging stations and allowing less parking. Lehmann stated they
won't give up parking for the charging stations, that is for adding the solar energy.
Craig asked if they give incentives for other kinds of energy conservation things. Lehmann
replied no, this is the first for Iowa City. She noted if she was going to choose some energy
saving thing, this isn't what she would choose. For solar they are going to get an incentive but if
someone installs all electric everything in their building, or use extra insulation, and decrease
water consumption, all those things are just as important as the solar.
Lehmann stated with this amendment it brings in those three items, the Energy Conservation
Code, solar energies and options. The Energy Conservation Code is more about increasing the
R values in a home so it's more environmentally efficient or more energy efficient. As for 100%
electrification, solar energy is one of the options to get a reduction but if you did one of the other
ones, you would also get a 10% reduction. So solar energy is just one of the ways that you can
get a reduction under that provision up to 25%.
Russett noted Lehmann spoke to the goals in the Climate Action Plan to reduce greenhouse gas
emissions over time and one of the ways to reduce greenhouse gas emissions is to have fewer
vehicle miles traveled so one thing that they are going to have to look at, if not now in the future,
is parking ratios, and reducing parking, because there are benefits, environmental benefits, to
having less parking.
Craig noted there will have be a new generation that doesn't like their cars. Her final comment
is she would really like to see a way people could get out of it if they go through a review process
or something, that says if they get a 20% parking reduction for EV charging ready and within five
years they're expected to have 10% of those parking spaces with charging stations, there should
be some requirement that says they can't just put in cheap conduit but within a certain amount of
time they have to put in the charging stations. Hektoen noted the challenge with that would be
enforcement, at that point they've already developed their project and got their density bonus.
Craig feels the amendment should read for a 20% reduction to be EV ready 10% have to have
charging stations. She asked if that is in line with what other areas are doing. Walsh replied that
20% is higher than most places they saw in their comparable research. He noted while 10%
would be high. If Craig is referring to a scaling percentage there was an example a city showed
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starting at 2% required and every five years the ordinance requires that doubles so year one is
2%, year five is 4% and year 10 is 6% and so on. Craig liked that example. Lehmann added
however with that example, they do not go back to ones from year one and year five and make
them 6%, it just increases over time.
Sarah Gardner (Climate Action Coordinator, Iowa City) stated charging station costs vary based
on the charging level, what they typically see in commercial properties or at apartments or
condominiums would be a level two charger, the costs for that, and of course everything's been
affected by the supply chain, but tend to be around $2,000 per charging station. In her office they
had been working with apartments and condominiums in Iowa City to try to figure out how to
overcome the barriers for putting in electrical vehicle charging, because one of the things they
know is that 80% of charging happens at a person's place of residence. Next year in the state of
Iowa, a sales tax is going to be levied on all commercial charging in public spaces so renters
who have to charge at public stations will have to start paying a tax that homeowners don't to
charge at home. So this is really trying to figure out how to equitably deploy electric vehicle
charging at these residences. The reason EV readiness was chosen for this is that running that
conduit now, at the time of building a parking lot or building a parking ramp, can add cost as little
as $500 to the project costs, it's very cheap, and it allows the property owner the opportunity to
put in those charging stations as the demand for them increases over time. Gardner also noted
that in their outreach to apartments and condominiums, the City does have a rebate program in
place to help with the costs installing those charging stations so that if someone chooses then to
put in a charging station, they can get a rebate currently from MidAmerican that will help cover
the costs of that charging station. If they're retrofitting a property they can get an incentive from
the City to help with the installation costs. This amendment really addresses new construction
and the idea of putting in that wiring while building so that two years or five years down the road,
the City isn't shouldering that much heavier burden of retrofitting for the wiring. Retrofitting,
because of the trenching and boring involved in putting in that additional conduit, is an increased
cost that can run up to $10,000 to retrofit that parking space, as opposed to just putting in a few
$100 worth of wiring at the time of construction.
Craig understands however her concern is that there will never be charging stations in these
places especially since not all landlords in Iowa City have the best reputations. She would really
like to see language that says they're required to do a minimum of one or 10% of the stations
have to have charging stations in them on day one.
Townsend stated as the devil's advocate if she wants to fill up her vehicle, she has to go to the
service station so why if she buys an electric car would someone have to supply a charging
station for her at her building.
Padron noted the time difference, to go to the gas station and fill up it's like a few minutes, but
sometimes electric cars can charge for hours.
Townsend asked how they pay for that, who pays for that electricity to charge that vehicle, how is
it billed to that customer. Lehmann replied it would be the property owner would pay for it and
they could do their own meter for it.
Craig stated if a parking space is allocated to a condo or an apartment then it would be possible
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that electricity charged similar to how they pay for their own air conditioning. Townsend noted
that would require each location to have their own EV station. Lehmann said it would be more
similar to renting a parking space but in this case, they're renting a parking space where they
also have an electric charger and it would go directly to their electric bill. If would depend on how
the landlord structured it.
Padron noted an example, her previous employer had charging stations and they didn't have to
pay so they could go to work and charge their car.
Townsend noted however, that's not going to happen if everybody has an electric car. So what
happens in the future when everybody has these electric cars, how does this work. Hektoen
noted the lines are metered and if an employer or property owner wants to provide it as an
incentive to their employees for free that's up to them, if they want to pass it off to their tenants
as part of rent they could, it would be subject to that kind of contractual relationship.
Padron could see a charging station in a homeowner's association for everyone's use and then
it's included in the HOA fees.
Elliott stated it seems to her it will be an incentive for people who own the buildings and are
renting them out will have an incentive just because of public pressure.
Craig noted it's probably a decade or 20 years from now before there's so many electric vehicles,
but if they don't build the infrastructure, it will be a lot harder and expensive to make it happen
then.
Padron asked if there are restrictions for the percentage of the coverage of the ground with solar
currently under the zoning code. Lehmann stated the change is more of a clarification, it is
saying that solar panels are not a building, which means that the building coverage standard
doesn't apply to them.
Hensch had a question regarding the standards from the International Energy Conservation
Code and how's that different than LEED certification. LEED certification is voluntary, but people
understand LEED certification and these standards aren't as understood. Gardner explained
Iowa City didn't investigate adopting a higher energy code than currently exists at the state level
so what this does is allows the City to incentivize since they can't mandate that builders build to
that code. She added it's a little different from LEED in that it has prescriptive levels, for example,
in attic insulation under the current State code they have to build to a R42 or R40 installation
level, and the most recent International Building Code requires a R60 level for this area. The
difference being that with LEED, it's more of a menu of options, and one can pick and choose
from different categories to get the rating.
Hensch opened the public hearing.
Patrick Straight stated he thinks the density and parking incentives are just backwards, if they
increase the amount of density, they're increasing the amount of demand for traffic and then if
they're decreasing the amount of parking lots, it's just spreading the demand for traffic to other
places, and it's burdening those other places. If anything, the parking requirements should go up
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when they increase the density.
Hensch closed the public hearing.
Padron moved to recommend an amendment to Title 14, Zoning to enhance land use
regulations related to solar energy systems and further climate action goals.
Elliott seconded the motion.
Craig would like to make an amendment and proposes it says 2% or that a minimum of one
station must have a charging station hooked up to it on the 20% of the parking spaces that are
going to be EV ready.
Hensch understands but thinks since this is a brand-new ordinance or something hasn't done
before and as an amendment to the existing code they'll be able to amend it as they go along so
it doesn't have to be perfect right now.
Craig agreed but if they don't amendment it for another three or four years, then all those things
get grandfathered in and they never have to do it.
Hensch absolutely agrees that it makes sense to put this in right up front as some minimum
standard. Perhaps one for every development might be a little onerous, because if it's a smaller
number of spaces. Perhaps to state if there's 10 or more spaces, at least one of those has to be
EV ready now when they construct it. Perhaps the Commission could ask staff to investigate
some language on that.
Russett stated staff is not opposed to adding a requirement. Currently that 20% EV ready kicks
in when it is a parking area that has five or more parking spaces so in that situation for the five-
spot parking area one would have the charger.
Hensch stated another reason he is pretty sympathetic is with the federal legislation that's come
through there's lots of money coming down the pipe in the City for doing incentives right now so
it's not like it's going to be financially onerous. There's a lot of money coming down to assist
people with EV charging stations.
Gardner agreed however the rulemaking isn't final, but they do anticipate there will be funding
coming related to EV charging under the Inflation Reduction Act.
Hensch wondered if Padron would be willing to make an amendment to the motion to have staff
develop some language that at least one of the spaces out of five must have an EV charging
station in it active at the time of construction.
Craig noted 2% seem to be a standard that other communities have adopted.
Russett suggested if they want staff to evaluate the impacts of adding that $2,000 cost they
could do that and bring it back at the next meeting.
Planning and Zoning Commission
November 2, 2022
Page 13 of 15
Padron commented on the financial impact and if they're moving from building 15 units to getting
the incentive to build 20 units because of the parking reduction, there's a huge increase in their
gains so a $2,000 EV charger should not be an issue.
Lehmann noted the EV charging station is not tied to the incentive so if no one's using the
incentive, they still have to provide the EV ready charging stations. Those are two separate
things. The EV readiness is to be required in all future development.
Hensch stated if they are withdrawing the motion to have staff come back with recommendation
can they also add that one of those EV stations has to be an ADA accessible space.
Padron noted the California Code has minimum requirements for ADA EV charging stations.
Padron withdrew her motion.
The direction of the Commission is to ask staff to come back to a future meeting with this
particular agenda item with recommendations to establish a standard for EV charging stations,
and ADA assessable spaces with charging stations.
Padron moved to defer an amendment to Title 14, Zoning to enhance land use regulations
related to solar energy systems and further climate action goals to give staff an
opportunity to develop recommendations based on conversation.
Elliott seconded the motion.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: OCTOBER 19, 2022:
Townsend moved to approve the meeting minutes of October 19, 2022.
Craig seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Russett noted the McGrath subdivision commercial subdivision on Willow Creek Drive was
approved at Council last night.
Hensch welcomed new member Chad Wade.
ADJOURNMENT:
Planning and Zoning Commission
December 7, 2022
Page 19 of 25
Wade stated he had the opportunity to go through the letters and hear the voices tonight and
appreciates everybody being involved in the process, understanding that this is just a conceptual
process at this point, and not implementation of the road is going to connect or so on. For that
reason, he thinks providing a guidance for growth makes sense. However, he does understand
the neighbors on Kitty Lee Road being concerned about the traffic on that road and where
concerns come into place as far as the topography, speed, introducing traffic calming, avoiding
speed bumps, etc. He acknowledged that would be one of the considerations in the future from
a development standpoint.
A vote was taken and the motion passed 6-0.
CASE NO. REZ22-0011:
Consideration of an amendment to Title 14, Zoning to enhance land use regulations related to
solar energy systems and further climate action goals.
Lehmann noted this is a case that came before the Commission on November 2 because the
Climate Action Committee wanted to make sure to address any goals or issues in the zoning
code that might prevent the implementation for solar energy systems within Iowa City. Staff
looked through the code and looked at best practices to see if there's anything else they can do
to try and enhance some of those climate action goals. On November 2 staff came before this
Commission with some proposals that included adding and clarifying some definitions, limiting
regulatory barriers within the zoning code, providing regulatory incentives for projects that are
aligned with climate action goals, and finally, a set of standards related to electric vehicle
readiness and requiring that within parking areas. This Commission provided feedback
requesting additional information on requiring chargers in addition to EV readiness and had
some requests about applying it to handicap parking spaces. At this time, staff is still evaluating
best practices and figuring out what other communities are doing because it's a pretty substantial
step to move from EV readiness to EV chargers. Staff does have some good examples, but they
don't have a recommendation yet so in the meantime, staff would like to continue with the other
three items that were proposed on November 2 and then would bring before the Commission any
EV related amendments once they have a recommendation formulated. Staff has drafted a
revised zoning code amendment and removed all the regulations related to EV readiness.
In terms of current regulations, there's two branches of regulations, one related to accessory
solar energy systems and one related to utility scale ground mounted solar, which is a principal
use. For accessory solar systems they're allowed administratively as mechanical structures, but
they're not explicitly defined that way within the zoning code so that's one of the things staff
wants to address. There are also some specific use standards related to screening, setbacks,
and design that they're looking at changing to prevent potential barriers. With regards to utility
scale ground mounted solar, those are for uses that are over one acre in size, it's its own
principal use and is allowed provisionally in industrial and public zones and by special exception
in most other nonresidential zones. It is not allowed in residential or form -based zones. Lehmann
noted those regulations were adopted in 2019 and staff is not proposing to modify those. Staff is
primarily looking at accessory solar energy systems and at some additional things they think will
help try to address those climate action goals. In addition, staff has an administrative process for
historic and conservation district overlay zones, typically everything within those zones that are
exterior improvements are otherwise reviewed by the Historic Preservation Commission.
Planning and Zoning Commission
December 7, 2022
Page 20 of 25
Lehmann reiterated the proposed amendments tonight are related to adding and clarifying
definitions, limiting regulatory barriers, and providing regulatory incentives for climate action
goals. He noted the incentives go beyond solar energy systems and includes a couple other
standards as well but again there are no standards related to EV readiness in the proposed
amendments. However, EV chargers are classified as mechanical structures so that is included
in this but that doesn't affect the regulation of them at all, it just makes it clear what it is and how
it gets regulated.
Wth regards to definitions, staff created a definition for mechanical structures, which doesn't
currently exist, and then cross-referenced mechanical structures and solar energy systems and
EV chargers to make sure that it's clear how they're regulated. With regards to removal of
potential barriers, some of these are again clarifications, for example, rooftop mechanical
structures are generally exempt from height limits but this clarifies it includes solar energy
systems. This also notes that solar energy systems are not buildings and aren't required to follow
maximum lot coverage standards. Some other clarifications were to change standards
somewhat, such as by removing the screening requirement for ground mounted solar energy
systems and the concealed from public view requirement for roof mounted solar outside of
single-family zones, and also by adding a minor modification process that allows some additional
flexibility. A minor modification is an administrative process that involves mailings and notification
to property owners and an administrative hearing as well. Lehmann explained as part of a minor
modification, there are certain criteria that it has to meet, which includes that special
circumstances apply to a property which make it impractical to comply with the standard. A minor
modification provides an additional opportunity for flexibility in unusual circumstances where for
whatever reason they can't meet the zoning code. The circumstance he has seen related to solar
was a gentleman who was on a corner lot and the standard stated one can't have solar between
the street and the house but the backyard is filled with trees, so they can't have rooftop solar.
Therefore they asked about ground mounted solar in their side front yard, but not their front front
yard. In that case, there was no option but this amendment would allow in cases like those an
administrative process to modify those standards.
Finally, Lehmann stated State Code allows the City from preventing new deed restrictions from
unreasonably restricting solar. He explained that's something one might see in an HOA
covenant, for example, so the City is just adding to their subdivision ordinance what is allowed by
State Code about not having unreasonable restrictions on solar.
The bigger change that staff has proposed is a voluntary regulatory incentive, whereby different
actions supporting climate action goals are rewarded with either a density bonus or parking
reduction. In other words, providing indirect financial incentives where additional residential units
means additional income which means that they can cover the cost of those improvements. Or
alternatively, less parking means less cost and they can help cover the cost of some of those
improvements. With regards to residential density, that's only going to apply in zones that allow
residential uses and regulate by lot area. For example, there are some zones where that won't
be applicable, like the central business zones and Riverfront Crossings zones because those
zones don't look at density in that way. This would apply in other most commercial zones and
other residential zones. In terms of the parking reduction, that could be used in any zone with
any use. A commercial use without a residential component could use it and the reason staff
included that is partially because otherwise there wouldn't be an incentive for commercial uses to
Planning and Zoning Commission
December 7, 2022
Page 21 of 25
take advantage of it or industrial uses. The process by which staff is proposing this would occur
is administrative, which would be through either the site plan or building permit process. In some
cases, it might occur through a legislative process, such as if someone wants to reduce the lot
size of single-family homes by using the provisions, that's going to come through the subdivision
review because otherwise they won't comply with those minimum lot size standards. Similarly,
OPD rezoning would also be a legislative process so depending on what is being proposed, it
might be legislative, it might be administrative.
As to the bonus itself, Lehmann stated it would depend on meeting one of up to three eligibility
criteria and for each eligibility criteria that is met, it would provide a 10% bonus and those can be
stacked up to a maximum of 25%. For example, if someone meets one of the criteria, they could
get a residential density bonus of 10% and a parking reduction of 10%, if they meet two it would
be 20% and 20% and if they meet three, it would be capped at 25%. Staff chose that number
instead of 30% because it's more in line with some administrative processes that are
incorporated in other places, for example, other parking and reductions in the code.
As far as those eligibility criteria, first is having solar energy systems that cover 40% of the roof
area. Second would be to use electricity for 100% of regular energy usage because
electrification is a big goal and if someone is still using gas in a property, they're not going to be
able to use clean energy to provide the energy. Finally, third is constructing the building to the
most current International Energy Conservation Code as that's another goal of the City to
improve energy conservation but because of State regulations, the City is not allowed to require
the higher levels so instead are looking to incentivize those higher levels of Energy Conservation
Code energy efficiency. Lehmann stated those are the three eligibility criteria that a developer or
homeowner can stack and if they do more towards the climate action goals, then they are
provided some incentive through density bonus and parking reduction.
Lehmann presented an example of a 34,000 square foot lot zoned Community Commercial (CC -
2), if the owner/developer met two of the criteria, such as having higher Energy Conservation
Code and 40% of the roof area has solar then they would be eligible for a 20% bonus, both for
parking and residential density. In that case, without a density bonus, and assuming it has some
commercial uses, one could expect 12, two-bedroom units with a parking count of 44 spaces. If
they took advantage of that bonus, it would increase the amount of units by three up to 15, two-
bedroom units and in terms of a parking reduction it would be a 20% parking reduction, which
would take them down to 40 spaces. So it does increase density and reduces parking but it's a
tradeoff to incentivize some of those climate action goals.
Lehmann wanted to note that minimum parking doesn't mean that they can't provide more
parking than that, in a lot of commercial contexts the City often sees them provide more parking,
for example most HyVee parking lots are above what they require. The extent of the parking
that's provided on site is often driven by demand, but in terms of the minimum required it would
reduce it.
Lehmann stated in terms of analysis, the goal is to address some of those gaps identified within
the zoning code, but then also to try to provide some incentives to meet the City's climate action
goals. Staff would expect potential benefits to be increased code clarity, reduced barriers to solar
implementation and some of those indirect incentives that would cause developers to prioritize
these climate action priorities. In terms of tradeoffs, one tradeoff downtown would be a potential
Planning and Zoning Commission
December 7, 2022
Page 22 of 25
reduction in the amount of fee in lieu payments for parking spaces. Lehmann explained one way
that properties downtown can provide less parking on site is that they provide money into a
parking fund that's used to fund parking projects in downtown Iowa City so if there's an
alternative way that they can reduce their minimum parking amount that might reduce that
parking fund somewhat. There would also be some impacts on design in terms of the number of
units and parking spaces if people are taking advantage of these incentives. Staff believes that
the potential benefits outweigh those tradeoffs. In terms of its consistency with other planning
documents this amendment is consistent with the Comprehensive Plan, which encourages
reducing greenhouse gas emissions, and the Climate Action Plan with the goal to reduce carbon
emissions by 45% by 2030, and net zero by 2050.
Staff recommends that Title 14 Zoning and Title 15 Land Subdivision be amended as illustrated
in Attachment 1 to enhance land use regulations related to solar energy systems and to further
implement the City's goals related to climate action.
Staff did not receive any public comments on this other than from the last meeting where a
gentleman raised a concern about a density bonus with a parking reduction.
In terms of next steps, Planning and Zoning would make a recommendation tonight and Council
has set a public hearing on January 10 and then they would have three readings starting with
that January 10 hearing. At a future date staff would return to this Commission with EV readiness
and EV charging recommendations, which would incorporate those comments that were made at
the previous meeting.
Padron noted in one of the slides staff mentioned the Energy Conservation Code is that the only
thing that qualifies for the incentive or could someone use LEED or the Living Building Challenge
or something similar. Lehmann noted those are all different standards so as the amendment is
currently written it would only be the International Energy Conservation Code that would qualify
for the incentives. It is his understanding that code is the baseline that a lot of the other codes
are built off of so someone could still be LEED certified and meet that Energy Conservation
Code. With LEED, someone can get points for a number of different categories, which may or
may not be related to energy efficiency and this would really be focused on those energy
efficiency requirements.
Elliott likes the incentive structure. They mentioned best practices and wondered have there
been any places that have put this into use. Lehmann stated the places that have regulatory
incentives tend to be newer so there isn't a lot of good information or they're small towns. One of
the tricky things with incentives is making sure the incentive offsets the cost of whatever is being
incentivized. Staff did talk to some communities where their incentive wasn't enough, so staff
tried to take that into account as they developed this code. They don't have a lot of good
evidence on what's needed to offset costs but did try to engage some stakeholders about that.
Hensch opened the public hearing.
Seeing no one, Hensch closed the public hearing.
Elliott moved to recommend that Title 14 Zoning and Title 15 Land Subdivision be
amended as illustrated in Attachment 1 to enhance land use regulations related to solar
Planning and Zoning Commission
December 7, 2022
Page 23 of 25
energy systems and to further implement the City's goals related to climate action.
Padron seconded the motion.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: NOVEMBER 2, 2022:
Townsend moved to approve the meeting minutes of November 2, 2022.
Wade seconded the motion.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: NOVEMBER 16, 2022:
Signs moved to approve the meeting minutes of November 16, 2022.
Townsend seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Hensch noted his understanding is several months ago City Council approved some rules
regarding public behavior at meetings and he noted that the planning and zoning procedure for
public discussion was dated 26 years ago and wondered if they should preemptively adopt some
rules to deal with unacceptable behavior so that they have something on the books and don't
have to try to make it up on the fly. It seems it would be appropriate to put that an agenda and
consider adopting that. He noted at the last meeting there was a potential problem with an
individual and that's just the environment. Hensch noted also at the County they've had their
share of issues and thinks they should be defensive. He noted they've been really lucky but the
day will come where the person doesn't want to listen to reason. It was agreed to put this item
on a future agenda.
Padron asked what City Council has done. Russett noted they adopted rules for what they would
do with a disorderly member of the public.
Hensch feels this is very important, rules prevent them from being discriminatory to people, if
they have rules that they enforce uniformly across the board to everybody, then there is no
discrimination.
Signs wanted to call out the comment from the one gentleman in the audience regarding staff
and communication efforts and wanted it on record they have a top-notch staff all the way around
Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
Ordinance amending Title 14, Zoning Code to enhance land use
regulations related to solar energy systems and further climate action
goals. (REZ22-0011).
Whereas, the City of Iowa City's Accelerating Iowa City's Climate Actions Plan adopted in April
2020 includes goals to achieve a 45 percent reduction in carbon emissions by 2030 and net -zero
carbon emissions by 2050; and
Whereas, the plan recommends several actions that will help the City reach these goals such as
increasing on-site renewable energy systems, electrification, and increasing energy efficiency in
residences, businesses, and new buildings; and
Whereas, a Climate Action Commission working group further recommended that staff assess
the current zoning code for solar readiness and friendliness, review best practices, and develop
code updates to address any gaps that are found following the completion of the community -
sourced solar feasibility study in January 2022; and
Whereas, staff completed this analysis and identified several changes to the zoning ordinance in
order to add clarity, remove potential regulatory barriers, and provide regulatory incentives in an
effort to further climate action goals; and
Whereas, voluntary regulatory incentives such as density bonuses and parking reductions can
help off -set the costs of incorporating solar energy systems, building electrification, and higher
energy efficiency standards into projects, which will help facilitate implementation; and
Whereas, the Planning and Zoning Commission recommended approval of the Title 14 Zoning
Code amendments at its meeting on December 7, 2022; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Iowa City Code Title 14 "Zoning Code" is hereby amended by deleting the strikethrough
text, adding the underlined text, and renumbering subsequent paragraphs accordingly:
14 -2A -4C -lc "Single -Family Site Development Standards"
(9) Roof structures, including solar enerqy systems, elevator bulkheads,
stairways, ventilating fans, cooling towers, and similar necessary mechanical and
electrical appurtenances required to operate and maintain the building.
14-2A-7 "Special Provisions"
E. Sustainability Density Bonus. The minimum lot size or minimum lot area per unit
may be reduced by ten percent (10%j of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%). This bonus
may be used in conjunction with Section 14 -5A -4F-10 (Sustainability Parking Reduction).
1. A solar energy system is installed onsite where the size is equal to forty percent
(40%) of the surface area of the roofs of all buildings.
2. All uses within the development utilize electricity for one hundred percent (100%)
of their regular energy consumption after construction.
3. 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.
14 -2B -4C -1d "Exemptions"
(9) Roof structures, including solar energy systems, elevator bulkheads,
stairways, ventilating fans, cooling towers, and similar necessary mechanical and
electrical appurtenances required to operate and maintain the building.
14-2B-8 "Special Provisions"
D. Sustainability Density Bonus. The minimum lot size or minimum lot area per unit
may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent (25%). This bonus
may be used in conjunction with Section 14 -5A -4F-10 (Sustainability Parking Reduction).
a. A solar energy system is installed onsite where the size is equal to 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.
14 -2C -4C -lc "Exemptions"
(10) Roof structures, including solar energy systems, elevator bulkheads,
stairways, ventilating fans, cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
14-2C-11 "Special Provisions"
E. Sustainability Density Bonus. The minimum lot size or minimum lot area per unit may
be reduced by ten percent (10%) of the applicable requirement for each of the following
provisions that is met, up to a maximum of twenty-five percent (25%). This bonus may be
used in conjunction with Section 14 -5A -4F-10 (Sustainability Parking Reduction).
1. A solar energy system is installed onsite where the size is equal to forty percent
(40%) of the surface area of the roofs of all buildings.
2. AH uses within the development utilize electricity for one hundred percent (100%)
of their regular energy consumption after construction.
3. AH buildings within the development are constructed to the most current edition
of the International Energy Conservation Code standards published by the International
Code Council.
14 -2D -4C-3 "Exemptions"
j. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
14 -2F -4B-2 "Exemptions"
i. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
14 -2H -2C -4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See Building Height
in Article 14-9A (General Definitions).
14 -2H -2D -4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14 -2H -2E -4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14 -2H -2F -4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14 -2H -2G -4a "Height", Footnote 2
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14 -3A -4D "Maximum Residential Density"
1. The city will approve a residential density based on the underlying density allowed
in the base zone and what is compatible with the natural topography of the site and with
surrounding development. The residential density for a planned development may not
exceed the value specified in table 3A-1, located at the end of this subsection, except as
allowed by subsection 14 -3A -4D-3. Actual residential density allowed, however, may be
less than the maximum expressed in the table due to the topographical constraints of the
property, the scale of the project relative to adjacent development, and the dimensional,
site development, and other requirements of this title.
2. For purposes of this article, "net land area" is defined as total land area minus
public and private street rights of way. When calculating net land area, the land area
devoted to alley and private rear lane rights of way need not be subtracted from the total
land area.
3. Sustainability Density Bonus. The maximum residential density that is required by
Table 3A-1 may be increased by ten percent (10%) of the applicable requirement for each
of the following provisions that is met, up to a maximum of twenty-five percent (25%). This
bonus may be used in conjunction with Section 14 -5A -4F-10 (Sustainability Parking
Reduction).
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.
14 -4A -3A-3 "Accessory Uses"
Accessory Uses: Private recreational uses; storage buildings; parking for residents'
vehicles. Home occupations, accessory dwelling units, childcare homes, mechanical
structures such as solar energy systems, and bed and breakfast facilities are accessory
uses that are subject to additional regulations outlined in article C, "Accessory Uses And
Buildings", of this chapter. Any accessory use of the property shall remain secondary to
the principal use of the property for residential living.
14 -4A -3B-3 "Accessory Uses"
Accessory Uses: Recreational facilities; meeting rooms; associated offices; shared
amenity areas, shared kitchens and dining rooms, food preparation and dining facilities;
off-street parking for vehicles of the occupants and staff; storage facilities; mechanical
structures including solar energy systems; off-street loading areas.
14 -4B -1A "Applicability"
24. For solar energy systems, modifications to the accessory mechanical structure
standards contained in Section 14 -4C -2N and other accessory development standards
contained in Section 14-4C-3.
14 -4C -2N "Mechanical Structures"
1. Screening:
a. All ground level mechanical and utility equipment, such as heat pumps, air
conditioners, emergency generators, electrical vehicle charging stations, and water
pumps, must be screened from public view to at least the S2 standard. (See chapter 5,
article F, "Screening And Buffering Standards", of this title.) If it is not feasible to use
landscape screening, the mechanical equipment must be screened using wall or fencing
materials complementary to the principal structure. Mechanical structures accessory to
sSingle-family uses and solar energy systems accessory to any uses are exempt from this
standard.
b. In all zones except 1-1 and 1-2, rooftop mechanical equipment must be concealed
from public view by integrating equipment into the design of the building, screening
equipment behind building features, such as parapets, or by setting the equipment back
from the edge of the roof so that it is not visible from ground level. Solar energy systems
are exempt from this standard.
2. Setbacks:
a. Single -Family Residential Zones: Mechanical structures must be set back at
least two feet (2') from the side and rear lot lines. However, mechanical structures may
not be located between the principal dwelling and the street.
b. All Other Zones: Mechanical structures must be set back at least two feet (2')
from any lot line. Additional location standards may apply in certain zones or for certain
uses.
3. Minor Modifications for Solar Energy Systems: A minor modification for solar
energy systems may be requested according to chapter 4, article B of this title.
14 -5A -4F "Alternatives To Minimum Parking Requirements"
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 Sections 14 -2A -7E, 14 -2B -8D, 14 -2C -11E, and 14 -3A -4D-3 (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.
14-9A-1 "Definitions"
BUILDING: Any structure with a roof and designed or intended to support, enclose, shelter
or protect persons, animals or property. Solar energy systems are not considered buildings.
MECHANICAL STRUCTURES. A mechanical structure is an accessory use which includes
any equipment that is powered by electricity, gas, or other similar method. This may include
plumbing, electrical, or other similar utility equipment that serves a property. Mechanical
structures may be located on the ground level, attached to a structure, or on the rooftop
level. Examples include heat pumps, air conditioners, emergency generators, water
pumps, Electric Vehicle (EV) charging stations, and solar energy systems.
SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the
purpose of which is to provide for generation of electricity, the collection, storage and
distribution of solar energy. Rooftop solar energy systems are considered accessory
mechanical structures. Utility -scale ground -mounted solar energy systems are considered
a principal institutional use. See the definition for utility -scale ground -mounted solar energy
system for additional information.
SOLAR ENERGY SYSTEM, UTILITY -SCALE GROUND -MOUNTED SOLAR ENERGY
SYSTEM: A solar energy system that is structurally mounted on the ground and is not roof
mounted, and the system's footprint is at least 1 acre in size. Utility -scale ground -mounted
solar energy systems may be used for both on-site and off-site consumption of energy.
Ground -mounted energy systems with a footprint of less than 1 acre in size must be
accessory to another principal use as an accessory mechanical structure.
Section II. Iowa City Code Title 15, "Land Subdivisions", Chapter 3, "Design Standards and
Required Improvements", is hereby amended by adding the following underlined text:
Article 6 "Energy and Communications Distribution Systems"
D. In subdivisions approved after [effective date of this ordinance], no restrictive
covenant shall be adopted or enforced against properties within said subdivision that
attempt to impose unreasonable restrictions on the use of solar collectors, as defined by
Iowa Code Chapter 564A.
Section III. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section IV. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof no adjudged invalid or unconstitutional.
Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval, and
publication, as provided by law.
Passed and approved this day of , 2023.
Mayor
Attest:
Approved by.7
's Office
City Clerk City Attorn y —
01/04/2023
Ordinance No.
Page _7
It was moved by and seconded by
that the Ordinance as read be adopted and upon roll call there were:
Ayes: Nays: Absent Abstain
First Consideration:
1/10/2023
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague Thomas
NAYS: None ABSENT: None
Second Consideration:
Vote for passage
Date published
Item Number: 12.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
January 10, 2023
Ordinance amending Title 2, entitled "Human Rights," Chapter 1, entitled
"General Provisions," to eliminate the prohibition on landlords discriminating
against Housing Choice Voucher (aka, Section 8) holders. (Second
Consideration)
Prepared By: Susan Dulek, First Asst. City Attorney
Reviewed By: Geoff Fruin, City Manager
Stefanie Bowers, Equity Director
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The City Code prohibits landlords from refusing to lease to tenants who have Housing Choice
Vouchers (aka, Section 8), which is unenforceable as of Jan. 1, 2023 due to a recent change in
state law.
Background /Analysis:
The City Code prohibits landlords from refusing to lease to tenants who have Housing Choice
Vouchers (aka, Section 8). In 2021 the Iowa legislature passed and the Governor signed SF 252,
which is codified at Section 364.3(16) of the Iowa Code, preempting local governments from enforcing
an ordinance that prohibits a landlord from "refusing to lease or rent out the dwelling unit to a person
because of the person's use of a federal housing choice voucher issued by the United States
department of housing and urban development" after Jan. 1, 2023. This ordinance removes the
discrimination provision because it no longer is enforceable under state law.
ATTACHMENTS:
Description
Ordinance
DEFERRED TO 9/5/2023
Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance No.
Ordinance amending Title 2, entitled "Human Rights," Chapter 1, entitled
"General Provisions," to eliminate the prohibition on landlords
discriminating against Housing Choice Voucher (aka, Section 8) holders.
Whereas, the City Code prohibits landlords from refusing to lease to tenants who have
Housing Choice Vouchers (aka, Section 8); and
Whereas, in 2021 the Iowa legislature passed and the Governor signed SF 252, which is
codified at Section 364.3(16) of the Iowa Code, preempting local governments from enforcing
an ordinance that prohibits a landlord from "refusing to lease or rent out the dwelling unit to a
person because of the person's use of a federal housing choice voucher issued by the United
States department of housing and urban development" after January 1, 2023; and
Whereas, it is in the best interest of the City to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1,
entitled "Definitions," is amended by deleting the strike -through text and adding the underscore
text as follows:
Public Assistance Source of Income: Income and support derived from any tax
supported Federal, State or local funds, including, but not limited to, social security,
supplemental security income, temporary assistance for needy families, family
investment program, general relief, food stamps, and unemployment compensation;
•• but not including rent subsidy programs.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section 111. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 2023.
Mayor
Attest:
City Clerk
Approved by
•
City Attorn: 's ice
(Sue Dule — 11/22/2022)
Ordinance No.
Page 2
It was moved by and seconded by that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
First Consideration 12-06-2022
Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas,
Weiner NAYS: None ABSENT: None
Second Consideration
Vote for passage:
Date published
Item Number: 13.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
January 10, 2023
Ordinance amending Title 17, entitled "Building and Housing," Chapter 5,
entitled "Housing Code," to repeal the rental permit cap provision. (Second
Consideration)
Prepared By: Susan Dulek, First Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: ordinance
Executive Summary:
I n 2017, City Council established a rental permit cap to limit the percentage of rental permits for
single-family and duplex homes in the central area of the City to stabilize those neighborhoods. In
2019, a new state law was adopted preempting local governments from imposing a rental permit
cap on single-family or duplex homes. Although the rental cap provision has been unenforceable
for three years, it was never repealed This ordinance repeals the provision.
Background /Analysis:
ATTACHMENTS:
Description
Ordinance
Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance No. 23-4892
Ordinance amending Title 17, entitled "Building and Housing," Chapter
5, entitled "Housing Code," to repeal the rental permit cap provision.
Whereas, in Ordinance No. 17-4734 codified at Section 17-5-16E of the City Code, City
Council established a rental permit cap to limit the percentage of rental permits for single-family
and duplex homes in the central area of the City to stabilize those neighborhoods; and
Whereas, in 2019, the Iowa legislature passed and the Governor signed SF 447, which is
codified at Section 414.1(1)(d) of the Iowa Code, preempting local governments from imposing
a residential rental permit cap on single-family or duplex homes; and
Whereas, it is in the best interest of the City to adopt this ordinance to repeal the rental
permit cap provision.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled
"Certificate of Structure Compliance and Rental Permit," Subsection E is amended by deleting
the strike -through text as follows:
Rental Permit Cap•
1. Definitions:
2. Rental Permit District: Mans the geographic districts labelled and dclin atcd on the
Rental Impact Area Map in figure 17 1 of this section.
{Map is depicted.}
2. Permits Limited: Within the rental impact area, the City shall not issue a rental permit for
family dwellings and duplex units that have rental permits exceeds thirty percent (30%) of the
total number of single family and duplex units within said rental permit district, except as
. Exceptions To The Rental Permit Cap:
a. Dwelling with a rental permit on the effective date of this subsection E.
- -
-
! _
permit is issued before July 1, 2018.
c. Existing legally nonconforming single family dwellings and duplex units located within
Accessory dwelling units.
second unit.
f. Approved bed and breakfast homestays and inns.
g. Dwelling with a temporary rental permit.
h. Group household as defined in title 14 of this Code.
i. A new single family dwelling or duplex if a building permit was issued before June 13,
2017.
j. An existing single family dwelling of duplex if a building permit was issued after
e e -
1
Ordinance No. 23-4892
Page 2
rental permit cap.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this
yr
Attest:
City C' -r
10th day of January
Approved by
City AttorxSey's Office
(Sue Dulek — 11/29/2022)
2
, 2023.
Ordinance No. 23-4892
Page 3
It was moved by Dunn and seconded by Alter
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Alter
X Bergus
X Harmsen
X Taylor
Teague
X
x Thomas
X Dunn
that
First Consideration 12-06-2022
Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas,
Weiner NAYS: None ABSENT: None
Second Consideration
Vote for passage:
Date published 01/19/2093
Moved by Taylor, seconded by Thomas, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended,
the second consideration and vote be waived and the ordinance be
voted upon for final passage at this time.
AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None ABSENT: None
Item Number: 14.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
January 10, 2023
Ordinance amending Title 8, entitled "Police Regulations," Chapter 8,
entitled "Community Police Review Board," to clarify a person who observes
an incident on social media does not have the requisite personal knowledge
to file a complaint. (First Consideration)
Prepared By: Susan Dulek, First Asst. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: CPRB approved the amendment at its 11/15/22 meeting
Attachments: Memo from CPRB
CPRB 11/15/22 meeting minutes
Ordinance
Executive Summary:
The City Code allows any person with personal knowledge of police misconduct to file a complaint
with the Community Police Review Board (CPRB). As proposed by the CPRB, this
ordinance clarifies a person who observes an incident on social media or other media outlets does
not have the requisite personal knowledge to file a complaint.
Background /Analysis:
The City Code allows a person with personal knowledge of police misconduct to file a complaint
with the CPRB. At its Nov. 15 meeting, the CPRB passed a motion proposing the Code be
amended to clarify a person who observes an incident of police misconduct on social media,
television, or other media outlet does not have the requisite knowledge to file a complaint. The
CPRB subsequently sent a memo to City Council with the proposal and suggested language.
Council discussed the memo at its work session on Dec. 6 and directed staff to place an
ordinance reflecting the proposal on the agenda. The ordinance contains CPRB's suggested
language.
ATTACHMENTS:
Description
Memorandum from CPRB
CPRB 11/15/22 meeting minutes
Ordinance
MEMORANDUM
DATE: November 16, 2022
TO: City of Iowa City Council
FROM: Community Police Review Board Members
Re: proposed amendments to Ordinance 8-8 requested by the
Community Police Review Board
The members of the Community Police Review Board request that the City Council
consider adopting the following proposed revision to section 8-8-3(B) of the CPRB
ordinance (with suggested additions shown with underlined text):
Any person with personal knowledge of the alleged police misconduct may
file a complaint with the board. In order to have "personal knowledge", the
complainant must have been directly involved in the incident or witnessed
the incident. A person who observes an incident solely on social media,
television, or other media outlets does not have the requisite "personal
knowledge" needed to authorize such person to file a complaint. If the
person with personal knowledge is underage or otherwise unable to
complete a complaint form, the complaint may be filed by such person's
designated representative. The City Manager, the Police Chief, the City
Council or the board itself may file a complaint based on a reasonable belief
that police misconduct has occurred regardless of personal knowledge. The
person or official filing the complaint may hereafter be referred to as the
"complainant".
APPROVED/FINAL
COMMUNITY POLICE REVIEW BOARD
MINUTES — NOVEMBER 15, 2022
CALL TO ORDER: Chair Jerri MacConnell called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies,
Amanda Remington, Orville Townsend, Stuart Vander Vegte
MEMBERS ABSENT: None
STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford
OTHERS PRESENT: Iowa City Police Chief Dustin Liston
RECOMMENDATIONS TO COUNCIL
(1) Accept the proposed addition to section 8-8-3(B) of the CPRB Ordinance. See memo from CPRB
attached.
CONSENT CALENDAR
Motion by Townsend, seconded by Vander Vegte, to adopt the consent calendar as presented.
• Minutes of the meeting on October 11, 2022
• ICPD Use of Force Review/Report — May 2022
Motion carried 7/0.
NEW BUSINESS
Discussion of Draft Ordinance 8-8 Amendment: At the October 11, 2022 meeting, MacConnell requested that
the Board discuss adding a clarification to the CPRB Ordinance 8-8 to state that complaints filed based on
what is gathered from social media, television, or other media outlets do not meet the required requisite of
personal knowledge. Counselor Ford drafted a memo from the Board to City Council requesting the following
addition to section 8-8-3(B) of the CPRB ordinance as follows:
"A person who observes an incident solely on social media, television, or other media
outlets does not have the requisite "personal knowledge" needed to authorize such
person to file a complaint."
MacConnell suggested this addition also apply to CPRB members who may want to file a
complaint. Ford explained this change does not include the Board, however, if there is a concern
about something a Board member saw on social media, the Board would need a majority vote to
move forward in filing a complaint. Remington stated she would not agree to a motion that would
remove any power from the Board.
Motioned by Mekies, seconded by Jensen, to approve the proposed addition to section 8-8-3(B)
of the CPRB ordinance as written and forward to City Council.
Motion carried 7/0.
CPRB Meeting Minutes
November 15, 2022
Page 2
Ford will communicate with the City Attorney's office letting them know that the Board has
passed the requested addition to the ordinance and are asking City Council to make the
amendment.
OLD BUSINESS
None
PUBLIC DISCUSSION
None
BOARD INFORMATION
Vander Vegte requested an item for discussion to the December 13, 2022 agenda. He asked if it would be
possible for the board members to receive training regarding citizens' rights during an arrest and information
regarding police procedures. MacConnell noted the invite in the CPRB packet regarding the 2023 Community
Police Academy. Townsend asked for input from Chief Liston regarding Vander Vegte' s request. Chief Liston
stated he appreciated that it may be difficult to form an opinion of what is on a video without knowing these
policies. He too encouraged all to apply for the Academy. He further noted that all the general orders are
available online and added that members are welcome to request a ride -along with a police officer at any time.
Jensen noted some necessary changes to the CPRB member list to include adding the title of chair to
MacConnell and removing vice -chair from Townsend.
STAFF INFORMATION
Neumann pointed out the flyer in the packet inviting members to participate in the "Iowa Public Records and
Open Meetings Law Training" on Thursday, December 8, 2022 via Zoom.
Neumann asked the board to review the members list, included in the meeting packet, for any necessary
changes.
MEETING SCHEDULE and FUTURE AGENDAS
• December 13, 2022, 5:30 PM, Helling Conference Room
• January 10, 2023, 5:30 PM Helling Conference Room
• February 14, 2023, 5:30 PM Helling Conference Room
Downing noted he will be absent from the January 10, 2023 meeting.
EXECUTIVE SESSION
Motion by Remington, seconded by Vander Vegte, to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal
law to be kept confidential or to be kept confidential as a condition for that government body's possession or
continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public
bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer
investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18)
Communications not required by law, rule or procedure that are made to a government body or to any of its
employees by identified persons outside of government, to the extent that the government body receiving
those communications from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available for general public
examination.
CPRB Meeting Minutes
November 15, 2022
Page 3
Motion carried 7/0. Open session adjourned at 5:55 p.m.
REGULAR SESSION
Returned to open session at 7:00 p.m.
Motion by Remington, seconded by Jensen, to set the level of review for CPRB Complaint #22-09 at 8-8-
7(B)(1)(a), on the record with no further investigation.
Motion carried 7/0.
ADJOURNMENT
Moved by Jensen, seconded by Townsend, to adjourn the meeting at 7:01 p.m.
Motion carried 7/0.
Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
Ordinance amending Title 8, entitled "Police Regulations," Chapter 8,
entitled "Community Police Review Board," to clarify a person who
observes an incident on social media does not have the requisite personal
knowledge to file a complaint.
Whereas, Section 8-8-3B of the City Code allows any person with personal knowledge of
police misconduct to file a complaint with the Community Police Review Board; and
Whereas, in a Memorandum to the City Council dated November 16, 2022, the Community
Police Review Board proposes a code amendment to clarify a person who observes an incident
on social media, television or other media outlets does not have the requisite personal
knowledge to file a complaint; and
Whereas, it is in the City's interest to clarify this provision.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendment.
Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 3, entitled "Definition of Complaint; Complaint
Process in General," Subsection B is amended by adding the underscore text as follows:
B. Any person with personal knowledge of the alleged police misconduct may file a
complaint with the board. In order to have "personal knowledge", the complainant must have
been directly involved in the incident or witnessed the incident. A person who observes an
incident solely on social media, television, or other media outlets does not have the requisite
"personal knowledge" needed to authorize such person to file a complaint. If the person with
personal knowledge is underage or otherwise unable to complete a complaint form, the
complaint may be filed by such person's designated representative. The City Manager, the
Police Chief, the City Council or the board itself may file a complaint based on a reasonable
belief that police misconduct has occurred regardless of personal knowledge. The person or
official filing the complaint may hereafter be referred to as the "complainant".
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 2023.
Mayor
Attest:
City Clerk Approved by
City Attorn is Office
(Sue Dulek — 12/22/2022)
Ordinance No.
Page 2
It was moved by and seconded by
that the Ordinance as read be adopted and upon roll call there were:
Ayes: Nays: Absent Abstain
First Consideration:
01/10/2023
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None ABSENT: None
Second Consideration:
Vote for passage
Date published