HomeMy WebLinkAbout2002-05-21 Ordinance Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-345-5240
ORDINANCE NO. 02-4019
ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, ARTICLE E, "COMMERCIAL AND
BUSINESS ZONES", SECTION 2, NEIGHBORHOOD AND COMMERCIAL ZONE, TO BROADEN THE
USES ALLOWED AND TO REVISE THE DIMENSIONAL REQUIREMENTS AND DESIGN
PROVISIONS.
WHEREAS, the City is reviewing the Zoning Code and updating it where necessary to conform to the
policies of the Comprehensive Plan; and
WHEREAS, the Planning & Zoning Commission has recommended amendments to the
Neighborhood Commercial (CN-1) Zone to reflect the policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Chapter 6, entitled "Zoning", Article E entitled "Commercial and Business
Zones" Section II, entitled "Neighborhood Commercial Zone" be amended as follows:
14-6E-2 be rescinded and replaced with the following:
14-6E-2. Neighborhood Commercial Zone (CN-1)
A. INTENT.
1. The Neighborhood Commercial Zone (CN-1) is primarily intended to:
a. Promote a unified grouping of small-scale retail sales and personal service uses in a
neighborhood shopping center;
b. encourage neighborhood shopping centers that are conveniently located and that primarily serve
nearby residential neighborhoods;
c..promote pedestrian-oriented development at an intensity level that is compatible with surrounding
residential areas; and
d. promote principles of site design, building articulation, scale and proportion that are typical of
traditional main street design.
2. Allowed uses are restricted in size to promote smaller, neighborhood-serving businesses and to limit
adverse impacts on nearby residential areas.
3. CN-1 Zones are intended to be applied and' developed in a manner that is consistent with the
Comprehensive Plan, and generally located at the intersection of arterial streets. (Ord. 94-3626, 6-14-
1994 )
B. PERMITTED USES: 1. Financial institutions, branch offices; 2. U.S. postal stations.
C. PROVISIONAL USES
1. Retail or Personal Service uses limited to 2,400 square feet of gross floor area per business
establishment, except as otherwise expressly listed in the provisional uses and special exceptions
provisions of this section. (Ord. 97-3803, 9-9-1997)
2. Dwellings located above the ground floor of another principal use permitted in this Zone, provided the
density does not exceed one dwelling unit per one thousand eight hundred (1,800) square feet of lot area.
A maximum of one roomer may reside in each dwelling unit.
3. Childcare centers and adult day care, subject to the requirements of Article L of this Chapter. (Ord.
97-3773, 2-3-1997)
4. Drug stores, provided that such uses shall not exceed 15,000 square feet of gross floor area.
5. Hardware stores, provided that such uses shall not exceed 15,000 square feet of gross floor area.
6. Grocery stores, including specialty foods such as bakery and delicatessen 9oods, provided the floor
area of a grocery store shall not exceed thirty thousand (30,000) square feet.
7. Neighborhood super store. A grocery store which includes departments for goods and services
permitted in the CN-1 Zone and is greater than thirty thousand (30,000) square feet but no more than forty
thousand (40,000) square feet. Floor area over thirty thousand (30,000) square feet shall be
departmentalized for nonfood products and services.
8. Offices, provided that an office establishment shall not exceed 2,400 square feet of gross floor area
on the ground floor or 5,000 square feet of total gross floor area..
9. Restaurants, provided the occupancy load does not exceed one hundred (100) for any one restaurant
and provided that no drive-though windows or drive-through lanes are allowed.
Ordinance No. 02-4019
Page 2
10. Utility substation facilities within existing buildings, provided the substation facility is completely
enclosed and there is no indication from the exterior of the building of the substation facility, and the
principal use of the building is a use permitted in this Zone. (Ord. 99-3909, 11-9-1999)
D. SPECIAL EXCEPTIONS
1. Up to three (3) drive-through lanes associated with a financial institution, and/or one drive-through
lane associated with a pharmacy, subject to the requirements of Article L of this Chapter. (Ord. 99-3890,
7-13-1999) No drive-through lanes shall be permitted on corner lots within 100 feet of the point of
intersection of intersecting street rights-of-way lines.
2. Filling stations, provided no part of the filling station site shall be located within one hundred feet (100')
of an R zone boundary. One-bay car washes are allowed as an accessory use to a filling station. (Ord. 94-
3654, 12-13-1994). All under-canopy lights shall be recessed into the canopy and otherwise designed so
that light is deflected away from adjacent properties and rights-of-way. No light source shall be higher than
15 feet above finished grade.
3. Retail or Personal Service uses, that exceed the floor area limits imposed by Sec. 14-6A-1.C,
provided that the maximum gross floor area may not exceed 5,000 square feet and provided that the
Board of Adjustment determines, based on a market study provided by the applicant, that the greater floor
area:
a. will be supportable primarily by residents of the surrounding neighborhoods; and
b. is consistent with the stated intent of CN-1 zone (See Sec. 14-6A-1 .A).
4. Office uses that exceed the ground floor area limits imposed by Sec. 14-6A-1.C, provided that an
office establishment shall not exceed 5,000 square feet of gross floor area on the ground floor and
provided that the Board of Adjustment determines, based on a market study provided by the applicant,
that the greater floor area:
a. will be supportable primarily by residents of the surrounding neighborhoods; and
b. is consistent with the stated intent of the CN-1 zone (See Sec. 14-6A-1 .A).
5. Religious institutions, limited to a maximum total site area of 3 acres. (Ord. 94-3626, 6-14-1994)
6. Restaurants that exceed the occupancy load imposed by Sec. 14-6A-1.C, provided that the maximum
occupancy load may not exceed 125 and provided that the Board of Adjustment determines, based on a
market study provided by the applicant, that the greater floor area:
a. will be supportable primarily by residents of the surrounding neighborhoods;
b. is consistent with the stated intent of CN-1 zone (See Sec. 14-6A-1 .A); and
c. will result in a more attractive neighborhood commercial development due to the presence of
outdoor eating areas that enhance the pedestrian orientation of the development, additional parking lot
landscaping, additional vegetative buffers or other site improvements.
7. Schools, specialized private instruction. (Ord. 94-3626, 6-14-19¢4)
8. Utility Substations, in accordance with Article L of this Chapter. (Oral 99-3909, 11-9-1999)
E. DIMENSIONAL REQUIREMENTS
1. Minimum Lot Area: No minimum required.
2. Minimum Lot Width: No minimum required
3. Minimum Lot Frontage: No minimum required
4. Minimum Required Yards Between Buildings and Property Lines:
a. Front and Street Side: 5 feet.
b. Side (interior)
(a) adjacent to R Zone: 5 feet
(b) adjacent to nonresidential Zone: None required
c. Rear:
(a) adjacent R Zone: 20 feet
(b) adjacent to nonresidential Zone: None required
5 Build-To-Line
a All new buildings in the CN-1 Zone shall maintain at least 65 percent building frontage alor~g the
required build-to line. The required build-to line in the CN-1 Zone is an imaginary line located 5 feet back
from the front property line, running parallel to the front (street) property line
b The build-to requirement shall apply to the site's "primary street frontage," which is the frontage to
which the street address is assigned
c Exemptions from the required build-to line standards of th~s subsection (14-6A 1 E 5) may be
approved during the Site Plan Review process for (a) storefront facades that are recessed ~n accordance
with Sec 146A-1 H2; (b) shop entrances; (c) arcades; (d) plazas; (e) sidewalk cafes, or (f) trees and
landscaping.
Ordinance No. 02-4019
Page 3
d. Exemptions from the required build-to line standards of this subsection (14-6A-1 .E.5) may also be
approved for CN-1 zones that were existence and at least partially developed on June 7, 2002 if the city
determines, during the Site Plan Review process, that compliance with the build-to line standards is not
feasible.
6. Minimum Required Yards Between Parking Lots and Property Lines
a. Front and Street Side: 20 feet
b. Side (Interior)
(a) adjacent R Zone: 5 feet
(b) adjacent to nonresidential Zone: 5 feet
c. Rear:
(a) adjacent R Zone: 20 feet
(b) adjacent to nonresidential Zone: 5 feet
d. Exemptions from the required parking lot setback standards of this subsection (14-6A-1 .E.6) may
be approved for CN-1 zones that were existence and at least partially developed on June 7, 2002 if the
city determines, during the Site Plan Review process, that compliance with the parking lot setback
standards is not feasible.
7. Maximum Building Bulk
a. Height: One-story buildings must have a minimum height of 18 feet, with a maximum height of 22
feet unless there are clearstory windows facing the street that give the appearance of second-floor space.
AIl other buildings are timited to 35 feet in height.
b. Lot Coverage: None.
c. Floor Area Ratio: 1.
d. Wall Length: The maximum length of any building wall shall not exceed 270 feet. This standard
applies whether the building contains a single business or multiple businesses (storefronts).
8. Parking and Access Drives Along Street Frontages
a. No more than 35% of the street frontage of a CN-1 zone shall be comprised of off-street parking
spaces or driveways located in front of a building. For purposes of this provision, "in front of a building"
means between the street right-of-way line and the building.
b. On corner lots, no off-street parking spaces shall be located in front of a building within 100 feet of
the point of intersection of intersecting street rights-of-way lines.
c. Exemptions from the parking and access drive standards of this subsection (14-6A-I.E.8) may be
approved for CN-1 zones that were in existence and at least padially developed on June 7, 2002 if the city
determines, during the Site Plan Review process, that compliance with the parking and access drive
standards is not feasible.
F. GENERAL PROVISIONS. All principal and accessory uses permitted within this Zone are subject to
the requirements of Articles L through U of this Chapter. Said Articles are indicated as follows:
1. Accessory Uses and Requirements: See Adicles M through P of this Chapter.
a. Permitted Accessory Uses and Buildings: See Section 14-6M-1 of this Chapter.
b. Accessory Uses and Building Regulations: See Section 14-6M-2 of this Chapter.
c. Off-Street Parking Requirements: See Section 14-6N-1 of this Chapter.
d. Off-Street Loading Requirements: See Section 14-6N-2 of this Chapter.
e. Sign Regulations: See Article O of this Chapter.
f. Fence Regulations: See Article P of this Chapter.
g. General Provisions: See Articles Q through V of this Chapter.
h. Dimensional Requirements: See Article Q of this Chapter.
i. Tree Regulations: See Article R of this Chapter.
j. Performance Standards: See Article S of this Chapter.
k. Nonconformities: See Article T of this Chapter.
G. SPECIAL PROVISIONS
1. Maximum District Size. In no instance shall an area zoned CN-1 be more than ten (10) acres in area.
2. Required Plan. A plan showing the general design of the proposed development must be submitted
with any CN-1 rezoning application. The plan shall include provisions for landscaping, screening and
buffering between the proposed commercial development and adjacent residential zones.
H. DESIGN PROVISIONS The design provisions of this section are intended to help ensure that the CN-
1 Zone develops in a manner that is compatible with adjacent residential neighborhoods and that
encourages pedestrian access to and within the Zone
1 Site Plan Review
Ordinance No. 02-4019
Page 4
a. Prior to receiving a building permit for any development, a developer must submit a site plan that
complies with the requirements of Chapter 5, Adicle H of this Title, Site Plan Review.
b. Prior to submitting a request for site plan review, the developer shall participate in a preapplication
conference with the Director of Planning and Community Development (or designee) to discuss the
application of the design provisions to the subject property.
c. Review for compliance with the design standards of this section and those set forth in Chapter 5,
Article H will occur during the site plan review process.
d. Alternative design solutions may be approved during the site plan review process if it is
demonstrated that the alternative design solution meets the intent of this Section or if it is determined that
application of these standards to a CN-1 zone approved before June 7, 2002 is not feasible.
2. Building Design
a. The street-facing plane of all buildings shall be broken into horizontal modules that give the
appearance of small, individual storefronts. Each horizontal module shall have a maximum width of 50
feet.
b. Each building module shall include display windows. A minimum of 50 percent of the storefront
facade between 2 feet and 10 feet in height shall be comprised of glass window or doors that allow views
into the interior space.
c. Each building module shall provide for distinct variation in the wall plane. Such variation shall be
achieved through a minimum of 2 of the following means: Variation in material colors, types or textures;
Primary building materials shall be masonry other than smooth-face block; Variation in the building and/or
parapet height; Recessing storefront facades from adjacent storefront facades. Total variation in the
facade plane along a primary street frontage shall not exceed 2 feet; Variation in the architectural details
such as decorative banding, reveals, stone or tile accents.
d. Buildings shall have parapets or other architectural features concealing flat roofs and rooftop-
mounted equipment, such as HVAC units, exhaust pipes or stacks, elevator housing and satellite dishes
and other telecommunications-receiving devices from public view.
3. Building Entries. Primary building entries shall be distinguished by at least 2 of the following means:
canopies or awnings; recesses; raised cornice or similar architectural features; architectural details, such
as tile work and moldings that are integrated into the building structure and design.
4. Pedestrian Access.
a. Pedestrian access shall be provided to adjacent residential areas and to abutting rights-of-way.
Such access shall be required through the provision of sidewalks that are connected to those located on
adjacent public streets. (Ord. 97-3803, 9-9-1997)
b. Each commercial tenant space must be accessible from other tenant spaces by sidewalks or
other approved pedestrian routes. Pedestrian routes shall be continuous, clear of obstructions, and easily
identifiable as a protected pedestrian routes.
c. Pedestrian routes shall be separated from parking and vehicular use areas by curbs, landscaping
or other physical barriers. When pedestrian paths cross drive aisles and vehicle travel lanes they shall be
clearly identified with materials such as textured or brick paving, and shall be integrated into the wider
network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as
surface materials, or as accents.
5. Parking Lots. Parking lot layout and design must promote safe and convenient pedestrian and
vehicular circulation. Protected pedestrian walkways, leading to sidewalks that abut store entrances, must
be provided within parking lots.
6. Landscaping and Screening
PARKING TERMINAL ISLANO
a. Landscaped terminal islands shall be provided at the end of each parking row. Terminal islands
shall have minimum interior dimensions of at least 9 feet in width and 35 feet in length. At least one shade
tree shall be provided within each terminal island Areas of the terminal island not covered by trees or
walkways shall be landscaped with shrubs and ground cover plants
b All areas of the site that are not used for buildings, vehicular and pedestrian access or parking
shall be landscaped with trees and plant material
Ordinance No. 02-4019
Page 5
c. Ground-mounted mechanical equipment shall be screened from view from the public right of way
and from adjacent propedies, by using walls, fencing, roof elements, penthouse-type screening devices or
landscaping. (Ord. 94-3626, 6-14-1994)
7. Bicycle Parking. Bicycle parking facilities shall be located in convenient areas of the development and
shall be located so as not to impede pedestrian or vehicular traffic. (Ord. 94-3626, 6-14-1994)
SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provisions 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 pad 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.
Pas;~d3and approved this 2]st~of _ HaY ,20 0? .
ATTEST: ~-..~ ~.,~.~_ CO.._.
Beput..y CITY CLERK~
Approved by
C~/~t~rney's~Office
Ordinance No. 02-4019
Page ,6
It was moved by. Vanderhoef and seconded by Champion- that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
}{ Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilbum
First Consideration 4/].6/02
Vote for passage: AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wilb?n, ..Champion,
Kanner. NAYS: None. ABSENT: None.
Second Consideration 5/7/02
Voteforpassage:AYES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
6/7/02 -~'
Date published .
Ordinance was published May 29, 2002 without diagram and dates inserted.
Republished June 7, 2002, with above additions, effective date should be
June 7.
Bob Miklo. Sr. Planner, 410 E. Washington Street, Iowa City, IA 5224 .(~19-356-5240 /
ORDINANCE NO. 02-40].9 /,,
ORDINANCE "lENDING TITLE 14, CHAPTER 6, ~ ARTICLF_/E, COMMERCIAL AND
BUSINESS z .~.~", SECTION 2, NEIGHBORHOOD AND COMMERCIA~./ZONE, TO BROADEN THE
USES ALLOWED A~D TO REVISE THE DIMENSIONAL REQUIREMENT/~ AND DESIGN PROVISIONS.
/
WHEREAS, the C'~y is reviewing the Zoning Code and updating it/fvhere necessary to conform to the
policies of the Compreh6..~sive Plan; and
WHEREAS, the Plan~ ng & Zoning Commission has recomme~led amendments to the Neighborhood
Commercial (CN-1) Zone I e¢ t the policies of the Comprehensi/v/e Plan.
NOW, THEREFORE, IT ORDAINED BY THE CITY C/OUNCIL OF THE CITY OF IOWA CITY,
IOWA: ~ ,,
S ,E, CTION
I. APPROVAI.,,~Chapter 6, entitled Zonin E entitled "Commercial and Business
Zones Section II, entitled'"' --NeighbOrhood Commercial e amended as follows:
14-6E-2 be rescinded and replaced'with the following:
14-6E-2. Neighborhood nmercial Zone
A. Intent
1. The Nek Zone (CN-1) is primarily intended to
a. promote of small-scale retail sales and personal service
uses center;
b. encourage "hood shopping centers that are conveniently located and
that primarily s nearby residential neighborhoods;
c. promote pe( lan-oriented development at an intensity level that is
compatible, residential areas; and
d. promote. design, building articulation, scale and proportion
that are )ical of trac/[tional main street
design.
2. Allowed us/~., are restricte~ in size to promote smaller, neighborhood-serving
business( ¢ al ; to limit advers~impacts on nearby residential areas.
3. CN-1 ~s are intended to ~e applied and developed in a manner that is
consis with the Comprehens~e Plan, and generally located at the intersection
(etd, 94-3626, ~4-1994)
B.
1. institutions, branch offices.
2. postal stations.
C. ~,isional Uses
~.. Retail or Personal Service uses limited to ~,400 square feet of gross floor area per
business establishment, except as otherv~e expressly listed in the provisional
uses and special exceptions provisions of thisk~ection. (Ord. 97-3803, 9-9-1997)
Dwellings located above the ground floor of anb~ther principal use permitted in this
Zone, provided the density does not exceed on~. dwelling unit per one thousand
eight hundred (1,800) square feet of lot area. A maximum of one roomer may
reside in each dwelling unit
3.Childcare centers aod adult day care, subiect to the requirements of Article L ol this
Chapter (Or0 97-3773, 2-3-1997)
4.Drug stores, provided that such uses shall not exceed it~,000 square feet o~ 9ross
floor area. ",
§. Hardware stores, provided that such uses shall not excee~s~ 15,000 square feet of
gross floor area
Ordinance No. 02-4019
Page 2
6. Grocery stores, including specialty foods such as bakery and delicatesser~oods,
provided the floor area of a grocery store shall not exceed thirty thousan¢'(30,000)
square feet.
'~ 7. Neighborhood super store. A grocery store which includes for goods
and services permitted in the CN-1 Zone and is greater than thousand
~ (30,000) square feet but no more than forty thousand (40,000) Jare feet. Floor
~ area over thirty thousand (30,000) square feet shall be lartmentalized for
g nOnfood products and services.
Offices, provided that an office establishment shall not exc ~uare feet of
gross floor area on the ground floor or 5,000 square feet~ 'oss floor area..
estaurants, provided the occupancy Icad does not ex~'ee '~um red (100) for
one restaurant and provided that no drive-thou.91~ windows or drive-through
are allowed.
ubstation facilities within existing buildings,~rovided the substation facility is
ly enclosed and there is no indication ~o~,m4,~e~exterior of the building of
ion facility, and the principal use of t . building is a use permitted in this
9-3909, 11-9-1999)
D. Special Exceptions ,
1. Up to three (3,~ drive-through lanes a. with a financial institution, and/or
one drive-throu~ lane associated with subject to the requirements of
Article L of this Chapter. (Ord. 99-3890 drive-through lanes shall be
permitted on come,lots within 100 of the point of intersection of intersecting
street rights-of-way li~le, s.
2. Filling stations, provide~no part filling station site shall be located within one
hundred feet (100') of an'l~ zone ~. One-bay car washes are allowed as an
accessory use to a filling (Ord. 94-3654. 12-13-1994) . All under-canopy
lights shall be recessed canopy and otherwise designed so that light is
deflected away from adjacen ~erties and rights-of-way. No light source shall be
higher than 15 feet above fade.
3. Retail or Personal exceed the floor area limits imposed by Sec.
14-6A-2.C, provided th maxir~um gross floor area may not exceed 5,000
square feet and provi that the B~rd of Adjustment determines, based on a
market study applicant, that the greater floor area:
a. will be primarily by resi'~ients of the surrounding neighborhoods;
and
b. with the stated intent of CN'.I zone (See Sec. 14-6A-2.A).
4. Office uses the ground floor area%l~mits imposed by Sec. 14-6A-2.C,
provided tha office establishment shall not e~ceed 5,000 square feet of gross
floor ~n the ground floor and provided t~at the Board of Adjustment
determin, based on a market study provided by[h~ applicant, that the greater
floor ar
a. be supportable primarily by residents of the s'~rounding neighborhoods;
b is consistent with the stated intent of the ON-1 zone (Stye Sec 14-6A-2.A).
5. 10us institutions, limited to a maximum total site area~0f 3 acres (Ord. 94-
6-14-1994)
6 Restaurants that exceed the occupancy Icad imposed by Sec 1~-6A-2 C, provided
/ that the maximum occupancy load may not exceed 125 and ~rovided that the
// Board of Adjustment determines, based on a market study [N~ovided by the
~' applicant, that the greater floor area:
a. will be supportable primarily by residents of the surrounding neig"'~borhoods;
b. is consistent with the stated intent of CN-1 zone (See Sec 14-6A-2k.A); and
c. will result in a more attractive neighborhood commercial developm'exnt due to
the presence of outdoor eating areas that enhance the pedestrian ottentation
of the development, additional parking lot landscaping, additional ve~,tative
buffers or other site ~mprovements. \
7. Schools, specialized private instruction (Ord 94-3626, 6 14-1994) \
8. Utility Substations, in accordance with Article L of this Chapter (Ord 99-3909, 11-
9-1999)
Ordinance No. 02-4019
Page 3
E. Dimensional Requirements
ac 1. Minimum Lot Area /
No minimum required.
2, Minimum Lot Width
No minimum required.
Minimum Lot Frontage
o minimum required.
nimum ReqUired Yards Between Buildings and Property Lines
Front and Street Side: 5 feet.
de (Interior)
adjacent to R Zone: 5 feet
djacent to nonresidential Zone: None/required
ent R Zone: 20 feet
(b) adj~'r~ent to nonresidentiaIZone:/None reqLClred
a, All new buildih~s in the CN-1 Zone s?~ll maintain at least 65 percent building
frontage along thee required build-to~fne~The required build-to line in the CN-1
Zone is an ~Ynag~ary line [ocate~ 5 feet back from the front properly line,
running paratlel to th~ front (str,e/e0 p, ro,pert, y lin~.. , ,, ·
b. The build-to requirer~ent shal/I/apply to the site's "primary street frontage,"
which~s the frontage to~whict~the street address is assigned.
~ld-to line standards of this subsection (14-
6A~g the ~lte Plan Review process for:
(~cades/tha'~are recessed in accordance with Sec. 14-CA-
(b) shop entrances/'
(C) arcades; /
(d) plazas; /
(e) sidewalk c/afes; or
(f) trees an~landscaping.
d. Exemptions/fi'om the required bCdd-to lin~ standards of this subsection (14-
6A-2.E.5) ~ay also be approved for CN-l~zones that were existence and at
least pardi/ally developed on [insert effectiv~date of amendment[ if the city
determi/~es, during the Site Plan Review prd~ess, that compliance with the
build-~ line standards is not feasibl~
6. Minimum/Required Yards Between Parking Lots arid Property Lines
a. Fr/~nt and Street Side: 20 feet ~
b. ,~lde (interior)
~(a) adjacent R Zone: 5 feet
~ (b) adjacent to nonresidential Zone: 5 feet
// (a) adjacent RZone: 20 feet ~
/ (b) adjacent to nonresidential Zone: 5 feet
/d. Exemptions from the required par~mg lot setback standards of this
/ subsection (14-6A-2.E.6) may be approved for CN-1 zoh~s that were
/ existence and at least partially developed on ~nsert effeb[ive date of
amendment] if the city determines, during the Site Plan Review ¢f~ocess, that
/ compliance with the parking lot setback standards is not feasible.
7. Maximum Building Bulk
/ a. Height: One-story buildings must have a minimum height of 18 fee~ with a
maximum height of 22 feet unless there are clearstory windows facing the
street that give the appearance of second-floor space All other buildin~ are
/ limited to 35 feet in height
b. Lot Coverage: None.
/ c. Floor Area Ratio: 1.
Ordinance No. 02-4019
Page 4
d. Wall Length: The maximum length of any building wall shall not exceed 270
feet. This standard applies whether the building contains a single busines/or
multiple businesses (storefronts).
8. Parking and Access Drives Along Street Frontages
a, No more than 35% of the street frontage of a CN-1 zone shall be ?dmprised
of off-street parking spaces,, or driveways Iocate.d in front of a/bbildin~ For
purposes of this provision, in front of a building means between the street
right-of-way line and the building.
b. On corner lots, no off-street parking spaces shall be/!,o~cated in front of a
building within 100 feet of the point of intersection of in~tersecting street rights-
of-way lines.
c. Exemptions from the parking and access drive s/tandards of this subsection
(14-6A-2.E.8) may be approved for CN-1 zones/that were in existence and at
least padially developed on [insert effective/d~te of amendment] if the city
determines, during the Site Plan Review process, that compliance with the
arking and access drive standards is not~asible.
F. General s~ons ,/
All principal accessory uses permitted ~ithin this Zone are subject to the
requirements L through U of this~Chapter. Said Articles are indicated as
1. Accessor ~ and Requirements:~See Articles M through P of this Chapter.
a. Permitted ~cessory Uses a~d Buildings: See Section 14-6M-1 of this
Chapter. ~ /
b. Accessory Use~and Bui!ding Regulations: See Section 14-6M-2 of this
Chapter. % /
¢. Off-Street Parking I:~(rrements: See Section 14-6N-1 of this Chapter
d. Off-Street Loading Retirements: See Section 14-6N-2 of this Chapter.
e. Sign Regulations: S/~e A~le O of this Chapter.
f. Fence Regulation/st See ArriVe P of this Chapter.
g. General Provi¢?hs: See Articl'e~ Q through V of this Chapter.
h. Dimensional I~equirements: SeeN~,rticle Q of this Chapter.
i. Tree Regul~/fion~ See Article R of~is Chapter.
j. Performa0~e Standards:See Article%S of this Chapter,
k. Noncon?o/rrwlfies: See .... Article T of this ~apter.
G. Spec a Provisiqns %
Maximur~/District Size re~h
1. In no in/s(ance shall an area zoned CN-1 be mo an ten (10) acres in area,
2. Requ~ed Plan
A p~n showing the general design of the proposed development must be
submitted with any CN-1 rezoning application. The pla'~ shall include provisions for
I~,dscaping, screening and buffering between th~e~ proposed commercial
/~evelopment and adjacent residential zones.
H. Design Provisions
'~[7~ design provisions of this section are intended to help ensure~t~hat the CN-1 Zone
ibvelops i~ a manner that is compatible with adjacent residential neighborhoods and that
, encourages pedestrian access to and within the Zone. \,
1. Site Plan Review
a. Prior to receiving a building permit for any development, adc~eloper must
submit a site plan that complies with the requirements of Chapter~5, Article H
of this Title, Site Plan Review. \,
b. Prior to submitting a request for site plan review, the developer shall
participate in a preapplication conference with the Director of Ptannir~ and
Community Development (or designee) to discuss the application of~he
design prows~ons to the subject property
c. Review for compliance with the design standards of this section and those
forth in Chapter 5, Article H will occur during the site plan review process
d. Alternative design solutions may be approved during the site plan review
process if it is demonstrated that the alternative design solution meets the
Ordinance No. 02-4019
Page 5
intent of this Section or if it is determined that application of these s/t/andards
to a CN-1 zone approved before [insert effective date of amend ,n',n~nt] is not
feasible. ,,,
.e._ 2. Building Design /
a. The street-facing plane of all buildings shall be broke)~/into horizontal
modules that give the appearance of small, individua~/storefronts. Each
horizontal module shall have a maximum width of 50 fe,¢.
b. Each building module shall include display windQ~s. A minimum of 50
percent of the storefront facade between 2 feet an, d/10 feet in height shall be
comprised of glass window or doors that allow viefws into the interior space.
c. Each building module shall provide for distin¢( variation in the wall plane,
Such variation shall be achieved through a//rninimum of 2 of the following
in material colors, types o~,te~dures. Primary building
materials
shall be masonry other than smooth face block.
Variation in the building and/or parapet height.
Recessing storefront facades from adjacent storefront facades. Total
riation in the fagade plane along a primary street frontage shall not
ed 2 feet.
· VeNation in the architectural details such as decorative banding, reveals,
stonC~r tile accents.
d. Buildings s'l~all have parapets or other architectural features concealing flat
roofs and roo~op-mounte/d equipment, such as HVAC units, exhaust pipes or
stacks, elevato'rNhousin/g and satellite dishes and other telecommunications*
rec iv~ces~orr/public view.
3. Building Entries
PnYn~ri~,S/ni'h~ be distinguished by at least 2 of the fol[owing means:
· Canopies or a~nings~
· Recesses //
· Raised corn/J~be or similar ~r~hitectural features
· Architectur~el details, such a~%tile work and moldings that are integrated into
the build~'g structure and desi~.
cass shall be provi o adjacent residentihal areraSvand
abutti~9 rights-of-way. Such access sh~l be required throug the p o 'sion o
side~alks that are connected to thoseqkocated on adjacent public streets.
(O~rxl. 97-3803, 9-9-1997)
b. FTaCh commercial tenant space must be acc~,sible from other tenant spaces
~y sidewalks or other approved pedestrian roul~s. Pedestrian routes shall be
/continuous, clear of obstructions, and easily ~i~entifiable as a protected
/ pedestrian routes.
c/.. Pedestrian routes shall be separated from parking ani:tkvehicular use areas by
/ curbs, landscaping or other physical barriers. When p'ekdestrian paths cross
/ drive aisles and vehicle travel lanes they shall be cli~rly identified with
materials such as textured or brick paving, and s.h.all .be ~egrated into the
wider network of pedestrian walkways~:~avement textures '~e encouraged
elsewhere in the parking lot, as surface materials, or as accents~,~
Parking Lots
Parking lot layout and design must promote safe and convenient pede~,~an and
vehicular circulation Protected pedestrian walkways, leading to sidewalks th,.:'~t, abut
store entrances, must be provided within parking lots
Landscaping and Screening ~,~,,,o
/ a. Landscaped terminal islands
shall be provided at the end of
each parking row. Terminal
interior d~mensions of at least 9
Ordinance No. 02-4019
Page 6
feet in width and 35 feet in length. At least one shade tree shall be provided
within each terminal island. Areas of the terminal island not covered by tress
or walkways shall be landscaped with shrubs and ground cover plants.
b. All areas of the site that are not used for buildings, vehicular and pedestrian
access or parking shall be landscaped with trees and plant material.
c. Ground-mounted mechanical equipment shall be screened from vi'ew from
the public right of way and from adjacent propedies, by using w/al'Is, fencing,
roof elements, penthouse-type screening devices or landscaC~1ng. (Ord. 94-
3626, 6-14-1994) //
7. Bicycle Parking
Bicycle parking facilities shall be located in convenient areas of the development
and shall be located so as not to impede pedestrian or v~hicular traffic. (Ord. 94-
3626, 6-14-1994)
~7.~L~,ALE~. All ordinances and pads of ordinances in co~'~lict with the provisions of this
Ordinance are hereby r'e,~ealed.
SECTION IlL SEVERARll ITY. If any section, provision or pad of the,Ordinance shall be adjudged to be
invalid or unconstitutional,"su~ch adjudication shall not affect the validity, y~f the Ordinance as a whole or any
section, provision or pad there(~f not adjudged invalid or unconstitution/al.
SECTION IV. EFFECTIVE'DATE. This Ordinance shall be in e~ffect after ~[s final passage, approval and
publication, as provided by law.
Pas nd approved this_~.15~ of -- Hay / ,20 02.
Deputy CITY CLEF~
Approved by
Ppdadmin\ord\neighborcommercialzone doc, '~
Ordinance No. 02-4019
Page 7
It was moved by Vanderhoef and seconded by Champi on- that the Ordir,~a/nce
as read be adopted, and upon roll call there were:
NAYS: ABSENT:
Champion
X Kanner
X Lehman
~ O'Donnell
× Pfab
, X Vanderhoef
X Wilbum
First Consideration
Votefor Lehman, O'Donnell, Pfab, derhoef, Wilb.u~'n,.~hampion,
Kanner. NAYS: le. ABSENT: None.
Second Consideration
Voteforpassage:AYES: ampion, Kanner, O'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: ABSENT: None.
Date published 5/29/02
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa Cit~, IA 52240; 319-356-5247
ORDINANCE NO. 02-4020
ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGN
REGULATIONS," TO PERMIT PORTABLE SIGNS AS A PROVISIONAL SIGN IN THE CB-2, CENTRAL
BUSINESS SERVICE ZONE, CB-5, CENTRAL BUSINESS SUPPORT ZONE, AND THE CB-10,
CENTRAL BUSINESS DISTRICT ZONE.
WHEREAS, portable signs are found to be a pedestrian-oriented sign appropriate for the central
business zones; and
WHEREAS, portable signs, with limits on their size and location, will not be obtrusive in the central
business zones; and
WHEREAS, for public safety reasons, portable signs shall not be permitted to impede pedestrian traffic,
shall be weighted to provide stability, and should be moved to inside the business when the business is
closed; and
WHEREAS, although portable signs are appropriate in the pedestrian-oriented central business zones,
they are not appropriate for all commercial zones due to too much visual and physical clutter in areas not
oriented toward pedestrian travel; and
WHEREAS, the Planning and Zoning Commission has recommended this ordinance be adopted
permanently after being adopted on a trial basis in 1997, finding that portable signs on private property can
be appropriate in the central business district if they are not encroaching onto the public sidewalk.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
iOWA:
~. Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," Section 5,
entitled "Signs Permitted by Zone; Regulations:", Subsections F and E, entitled "CB-5 and CB-JO Zones" and
"CB-2 Zone," respectively, are hereby amended to include the following additional paragraphs and subpar~s:
14-60-5F. CB-5 and CB-JO Zones: 2. Provisional signs:
(d) One non-illuminated portable sign per first floor exterior storefront, provided it is placed only on
private property or within a designated sidewalk caf~ area, does not block access to any doorway, is
moved inside the business when the business is closed, is weighted at the base to provide stability as
approved by the building official or designee, and has a maximum of two sign faces per sign.
3. Dimensional Requirements:
(b) (6) Portable Sign
(A) Maximum area of sign face: six square feet
(B) Maximum height of sign: six feet above grade
3. 14-60-5E. CB-2 Zone
2. Provisional signs:
(d) One non-illuminated portable sign per first floor exterior storefront, provided it is placed only on
private property or a designated sidewalk caf~ area, does not block access to any doorway, is moved
inside when the business is closed, is weighted at the base to provide stability as approved by the
building official or designee, and has a maximum of two sign faces per sign.
3. Dimensional requirements:
(b) (7) Portable Sign
(A) Maximum area of sign face: six square feet
(B) Maximum height of sign: six feet above grade
~. All ordinances and parts of ordinances in conflict with the provisions 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.
Ordinance No. 02-4020
Page 2
SF:CTION IV. EFFECTIVE: DATF This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
~d and;pproved this 2 lS t day of May ,2002
MAYOR
ATTEST: ~.~,~ ~.~ '.~._~.~
Deputy C I'i'W--C~ERK
ppd ad min/ord/podablesig n .doc
Ordinance No. 02-4020
Page, 3
It was moved by Champion and seconded by O' Donnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
~( Lehman
x O'Donnell
){ Pfab
X Vanderhoef
X Wilbum
First Consideration 4/16/02
Voteforpassage: AYES:O'Donnell, Pfab, Wilburn, Champion, Kanner, Lehman.
NAYS: Vanderhoef. ABSENT: None.
Second Consideration 5/7/02
Voteforpassage: AYES: Kanner, Lehman, O'Donnell, Pfab, Wilburn, Champion.
NAYS: Vanderhoef. ABSENT: None.
Date published 5/29/02
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 02-4021
ORDINANCE AMENDING TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND
PROPERTY," BY ADDING CHAPTER 10, ENTITLED "CHUTES AND VAULTS WITHIN
THE PUBLIC RIGHT-OF-WAY" TO ESTABLISH A SYSTEM TO REGULATE THE USE OF
CHUTES AND VAULTS IN THE PUBLIC RIGHT-OF-WAY
WHEREAS, the City is responsible for the care, supervision and control of all public ways, including
rights-of-way, streets, and sidewalks; and
WHEREAS, private parties currently use the chutes and vaults located within the City's rights-of-way
to deliver, transfer, and store goods, to access their property, and for other commercial and private
reasons; and
WHEREAS, the safety of the public will be enhanced if the chutes and vaults are regulated; and
WHEREAS, it is in the best interest of the City to establish a system to regulate the use of chutes and
vaults in the public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Use of Public Ways and Property," by adding a new Chapter 10, entitled
"Chutes and Vaults within Public Right-of-Way."
2. Title 10, entitled "Use of Public Ways and Property," by adding a new Chapter 10, entitled
"Chutes and Vaults within Public Right-of-Way," and by adding a new Section 1, entitled "Definitions" as
follows:
Aqreement: The official agreement between the City and a property owner and/or lessee
authorizing a person to use a chute or vault.
Chute: A below-grade passageway through which goods may pass and persons may gain access
to private property that is located below grade. Said passageway extends from an at-grade opening
covered by a vault hatch located within the public right-of-way to a private property line and includes the
entire passageway below the right-of-way from said opening to said property line.
Person: Any natural or corporate person, business association or other business entity including,
but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency
of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity.
Public Riqht-of-Way: The area on or below a public roadway, highway, street, cartway, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to
public use.
Public Riqhbof-Way Administrator: Public Works Director, or his or her designee.
Vault: The area that is located below grade in the public right-of-way contiguous to an adjoining
building on private property, which is utilized by a person for such uses as storage, office space, and
deliveries. Access to a vault may be through the adjoining building or through a vault hatch located at
grade level within the public right-of-way.
3. Title 10, entitled "Use of Public Ways and Property," by adding a new Chapter 10, entitled
"Chutes and Vaults within Public Right-of-Way," and by adding a new Section 2, entitled "Use Prohibited"
as follows:
Use of chutes and vaults within the public right-of-way shall be unlawful except as specifically
provided herein or as specifically authorized by this chapter.
4. Title 10, entitled "Use of Public Ways and Property," by adding a new Chapter 10, entitled
"Chutes and Vaults within Public Right-of-Way," and by adding a new Section 3, entitled "Agreements for
Chutes and Vaults" as follows:
Application: An application to enter into an agreement to use a chute or vault in the public right-of-
way shall be filed with the City Department of Public Works on a form provided by said department. The
application shall include the name of the property owner abutting the portion of the right-of-way
containing said chute or vault and the name of all lessees. A person shall submit with said application a
certificate of insurance that complies with the insurance provision of this chapter.
Ordinance No. 02-4021
Page 2
Aqreement Required: Beginning ninety days from the effective date of this ordinance, no person
shall use a chute or vault in the public right-of-way without first executing an agreement with the City.
Agreements will be executed on behalf of the City by the Director of Public Works if the Director
determines that the use is a minimal intrusion into the public use of the right-of-way and that pedestrian
traffic will not be materially impaired. All agreements shall include provisions for the following:
a. Insurance: A person shall provide, at the time the application is filed, a certificate of
insurance for general liability and casualty insurance, naming the City of Iowa City as an
additional insured, which provides coverage in the following minimum amounts: Comprehensive
General Liability for Bodily Injury and Property Damage of $1,000,000 for each occurrence and
$2,000,000 in the aggregate. A person shall provide thirty (30) days notice to the City before
cancellation of said insurance.
b. Maintenance: A person shall maintain the chute and vault and its appurtenant vault
hatches within the right-of-way in good and reasonable repair as determined by the Public Right-
of-Way Administrator.
c. Inspection: The City may inspect a chute or vault after giving 24 hours notice.
d. Hold Harmless: A person shall pay on behalf of the City all sums which the City shall be
obligated to pay by reason of any liability imposed upon the City for damages of any kind
resulting from using or accessing a chute or vault, whether sustained by any person or persons,
caused by accident or otherwise and shall defend at its own expense and on behalf of the City
any claim against the City arising out of the use of the public right-of-way.
e. Assumption of Risk and Waiver of Liability: A person shall acknowledge that there are
risks arising from other uses, operation, repair, and maintenance of the right-of-way, including but
not limited to utilities such as water mains, water lines, sewer mains, sewer lines, gas lines, fiber
optic lines, pedestrian traffic, and vehicular traffic, and will absolve the City of liability for damages
sustained by said person as a result of such approved uses of the right-of-way.
f. Temporary Use: A person shall acknowledge and agree that the City is not empowered
to grant a permanent use of its right-of-way for private purposes.
Sealed: If the use of a chute or vault is abandoned, if a person using a chute or vault refuses
to enter into an agreement, or if an agreement is terminated, the City may seal the chute or vault.
Abandoned means no use for ninety (90) continuous days.
Additional Requirements: The Public Right-of-Way Administrator may establish additional
requirements, as necessary, for the protection of the right-of-way.
SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction.
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 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 21stday of May ,20 02.
MAYOR Pro tern, Temporary
DEPUTY C II'Y...~R K ~, --
.~_~oved by
City Attorney's Office
sue/ord&res/chutesVaultsOrd.doc
Ordinance No. 02-4021
Page, 3
It was moved by 0' Donne11 and seconded by t~i ~ burn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
× Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 4/16/02
Voteforpassage: AYES: t~i]burn, Kanner, O'Donne]'l, Pfab. NAYS: None.
ABSENT: Vanderhoef, Champ'ion, Lehman.
Second Consideration 5/?/02
Voteforpassage: AYES: ~/i'Jbu~'n, Kanne~', O'Donne'J], Pfab. NAYS: None.
ABSENT: Lehman, Vande~hoef, Champion.
Date published 5/29/02