HomeMy WebLinkAbout1992-11-24 Ordinance
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ORDINANCE NO. 92-3556
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA,
ENTITiED "ZONING," BY ADOPTING REGULATIONS
PERMITTING NON.REQUIRED OFF.STREET PARKING ON A
SEPARA THOT IN COMMERCIAL AND INDUSTRIAL ZONES.
WHEREAS, off.street parking is considered an accessory
use under Section 36.4Ia)(31 of tha Code of Ordinances of
the City of Iowa City, Iowa; and
WHEREAS, Section 36-4{aIl3) provides that off.streat
parking may be located on a separate lot if the Board of
Adjustment grants a special exception under Section 36.
581dl of the Coda of Ordinances of the City of Iowa City,
Iowa; and
WHEREAS, under Section 36-58Idl, a special exception
may be granted when there is an increase in the number of
spaces reauired by a conversion or eniargement of a use; and
WHEREAS, the Zoning Ordinance provides no mechanism,
other than a variance, for providing non-reouired parking on
a separate lot; and
WHEREAS, it Is deemed appropriate for the Board of
Adjustment through the special exception process to review
requests for non.required parking in the same manner as it
reviaws requests for required parking.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. ZONING AMENDMENT.
1. Chaptar 36, Article III, entitled . Accessory Uses and
Requirements,' Section 36-58 entitled "Off.Streat parking
requirements," of tha Code of Ordinances of tha City of Iowa
City, Iowa, be and the same is hereby amended by repealing
subsection Idl and adding thereto a new subsection Id) to
read as follows:
(dl Off-street oarkinn located on a seDarate lot, Tha
Board of Adjustment may grant a special exception
for off-street parking and stacking spaces, aisles and
drives to be located on a separate lot from the use
served when 11 two or more uses share the same
off.street parking and stacking spaces, aisies and
drives, 21 an increase In the number of spaces Is
required by a conversion or an enlargement of a use,
31 in a commercial or Industrial zone, non.requlred,
off.street parking cannot be provided on the
property where the prinCipal use is located and such
parking will be constructed on a separate lot prior to
establishment of a principal use on that lot, or 4)
uses are located in a CB.2 zona; and provided that
the fOllOWing conditions are met:
(1) Special location plan, A special location plan shall
be filed With the Board by the owners of the entire
land area to be Included within the special location
plan and shall contain such Information deamad
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Ordinance No, 92-3556
Page 2
necessary to comply with the requirements herein.
Evidence of ownership shall ba provided.
121 Off-street parking location,
a. In Rand C lones, the nearest point of the
parking area to the nearest point of tha building
that the parking area is required to serve, shall
not be greater than 300 feet,
b, In I, ORP and RDP lones, the nearest point of the
parking area to the nearest point of the building
that the parking area is required to serve, shall
not be greatr.r than 600 feet,
131 Where off.streat parking is used jointiy by two 121 or
more uses, tha number of parking spaces shall be
equal to the sum total of off.street parking space
requirements of all such uses,
(41 Up to 50 percent of the parking spaces required for
commercial recreational uses, ciubs, schools or
restaurants and up to 100 percant for a raligious
institution may be shared by financial institutions,
offices, retail establishments, repair shops, personal
service establishments and similar uses not normally
open, used or operated during the same hours.
151 A written agreement properiy executed by the
owners within the area of the special location plan
assuring the retention of the parking and stacking
spaces, aislas and drives and binding upon thair
successors and assigns shall be submitted with tha
special location plan as a covenant running with the
land,
161 In Instances where a use Is within 600 feet of a
Clty.owned parking area, up to 50 percent of the
required number of parking spaces may be provided
In the parking facility. When a use abuts a City-
ownad parking araa, up to 100 percent of the
requirad number of parking spaces may be provided
In tha parking facility. In the Instance where an
applicant wishes to provide off-street parking In a
City.owned parking facility, the Board shall
substantiate that, with the addition of the number of
cars for a use accommodated in the facility, the
capacity of the parking facility will not be exceeded,
lard. 90.3470, Oa.07.901
171 In assassing an application for a special exception,
the Board shall consider the desirability of the
location of off.street parking and stacking spaces,
aisles and drives on a lot separate from the use
served In terms of pedestrian and vehicular traffic
safety and any detrimental effects such off.streets
parking and stacking spaces, aisies and drives may
have on adjacent property.
SECTION II, REPEALER, All ordinances or parts of
ordinances In conflict with the provisions of this Ordinance
are hereby repe&led,
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Ordinance No, 92-3556
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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
full force and effect from and after its final passage, approval
and publication, as provided by law.
Passed and approved this 24th day of November, 1992.
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ATTEST: )n~A.(~A,) .;; -I/;yJ
CITY Cl K
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Approved by
ffPAAk t,J~J :g OJ-'
City Attorney's Office V IO!Jsj1:J..
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It was moved by Ambrisco and seconded by
as read be adopted, and upon roll call there were:
NcDona1d
that the Ordinance
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AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
1(
Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
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Se'cond Consideration 11/10/92 I
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Vote for passage: AYES: Courtney, Horowitz, Kubby, Larson, Novick. Ambriscoi
NAYS: None. ABSENT: NcDona1d. .)
Date published I'" /Q? !
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First Consideration
Vote for passage: AYES: Horowitz, Kubby, Larson, McDonald,
Novick, Ambrisco. NAYS: None. ABSENT: None.
10/27/92
Courtney,
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