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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. Planning and Zoning Commission November 2, 2022 Page 3 of 15 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, Planning and Zoning Commission November 2, 2022 Page 4 of 15 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 Planning and Zoning Commission November 2, 2022 Page 5 of 15 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 Planning and Zoning Commission November 2, 2022 Page 6 of 15 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 Planning and Zoning Commission November 2, 2022 Page 7 of 15 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 Planning and Zoning Commission November 2, 2022 Page 8 of 15 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 Planning and Zoning Commission November 2, 2022 Page 9 of 15 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 Planning and Zoning Commission November 2, 2022 Page 10 of 15 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 Planning and Zoning Commission November 2, 2022 Page 11 of 15 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 Planning and Zoning Commission November 2, 2022 Page 12 of 15 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