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HomeMy WebLinkAbout2006-11-14 Ordinance r:rl Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3 OVERLAY ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7, ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER 9, DEFINITIONS. WHEREAS, clarification of certain definitions and use classifications in the zoning code are necessary to provide consistency between the zoning code and the building code, to provide consistency with new approval procedures adopted in December of 2005, to distinguish between various use categories, and to avoid confusion and provide consistency in application of these terms and use categories; and WHEREAS, changes to landscape screening standards will allow flexibility to exempt certain situations where screening is already effectively provided by a change in topography or a human-made element; and WHEREAS, changes to parking lot design standards will allow more flexibility to locate parking spaces along drives in situations where traffic safety will not be compromised; and WHEREAS, changes to the multi-family site development standards in the Central Planning District are necessary to clarify how existing standards for architectural style will be applied; and WHEREAS, changes are necessary to clarify that in commercial zones exemptions are allowed for all requirements of Article 14-5E, not just the street tree requirements; and WHEREAS, application of basic sign regulations within Public Zones will ensure that signs are located in a manner that does not compromise public safety and will prevent unduly large or brightly lit signs near residential neighborhoods; and WHEREAS, changes are necessary to clarify which regulations apply to signs in non-residential zones adjacent to residential zones; and WHEREAS, new cross references within the code will ensure that access permits and fence permits are issued properly and provide consistency between the zoning code and the building code; and WHEREAS, changes to parking requirements for daycare uses will ensure that sufficient parking and stacking spaces are provided and drop-off/pick-up areas are located in a manner to ensure public safety; and WHEREAS, deleting special setback requirements for educational facilities and religious/private group assembly uses in multi-family zones and commercial zones and applying the minimum base zone setback standards will be adequate to provide separation between buildings of similar size and scale; and WHEREAS, changes to requirements for educational facilities and religious/private group assembly uses will clarify that special setback requirements may be reduced by special exception; and WHEREAS, changes to the outdoor lighting standards are necessary to ensure consistency between the building code and the zoning code and that a minimum amount of outdoor lighting is allowed for properties where the building coverage exceeds 80 percent. WHEREAS, changes to the Article 14-4E, Nonconforming Situations, will clarify ambiguous language and change the manner in which the value of damaged or destroyed property is determined to avoid confusion, costly appraisals, and widely varying estimates of value; and WHEREAS, deleting the list of examples of uses allowed in the Public Zones is necessary to prevent confusion that may lead to misinterpretations of the code; and WHEREAS, certain changes are necessary to correct errors and inconsistencies between certain tables and graphics and the corresponding text of the code; and WHEREAS, it is necessary to correct a typo in a footnote to Table 2C-2(a), to clarify that the FAR in the CB-5 Zone may be increased up to a maximum of 5; and WHEREAS, deleting out-dated procedures for applying bonus provisions in the CB-5 and CB-10 Zones is necessary to avoid confusion; and WHEREAS, certain changes to the language describing setbacks for accessory buildings are necessary to clarify and distinguish between rear and side setback requirements; and WHEREAS, a correction of a cross reference to fees within Title 1, Chapter 4 is necessary to reflect the more specific fee schedule that applies to zoning violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as specified in the Ordinance No. Page 2 attachment entitled, "Zoning Code Amendments 1-33," deleting the referenced provisions of Tttle 14 and substituting in lieu thereof the language attached hereto and incorporated herein by this reference. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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. Passed and approved this _ day of , 20_. ATTEST: CITY CLERK Approved by Jt~z. 1./~,lrAc MAYOR Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 11/14/2006 Vote for passage: AYE-S: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ..-..--_._-_._--_._._._..,---_._--'_._._"---_._-~_.__.-_._....__..._.~,._,. .---------.--.---- Zoning Code Amendments 1-33 Attachment to: AN ORDINANCE AMENDING CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3 OVERLAY ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7, ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER 9, DEFINITIONS. Amendment #1: Delete subparagraph 14-2B-6C-3a. and substitute in lieu thereof:: a. A buffer area at least 10 feet in width and landscaped to at least the S2 standard must be provided between any parking area and adjacent properties and between any parking area and street rights-of-way (See Article 14-5F, Screening and Buffering Standards). The City may exempt from this requirement any specific location along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot. The City may also waive the landscape screening requirement where the view from adjacent properties is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a paragraph 5. to 14-2C-6G, Landscaping and Screening: 5. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a subparagraph g. to 14-2C-6/-2, as follows: g. Screening for outdoor storage and display areas may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a paragraph 4. to 14-2C-7I, as follows: 4. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a subparagraph c. to 14-2C-8G-3, as follows: c. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a subparagraph c. to 14-2C-9E-3, as follows: c. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. _.___.,,~____..,,______________,,",__'_'_.'__~____"'_U. Delete paragraph 14-2D-5F-2 and substitute in lieu thereof: 2. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a paragraph 6. to 14-2F-5C, as follows: 6. Screening may be waived by the Building Official where the view is or will be blocked by a change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. ..-.--- _..__.__._--_._-~,_......_----_..~_.._--_.- '-" .---.-.--..---...--.-..-.,.,.....- _._"...,.._---~~--_.__._,_.-_.- Amendment #2: Delete 14-2C-80 and substitute the following in lieu thereof: O. Bonus Provisions The following bonus provisions are intended to provide an incentive for developments to incorporate features that provide a public benefit and to encourage excellence in architectural design. Floor area in excess of that allowed by the permitted base floor area or dwelling units in excess of the density otherwise achievable under the provisions of this Article may be granted. The Director of Planning and Community Development will determine whether the proposed features are appropriate in design and location. Decisions ofthe Director may be appealed to the Board of Adjusttnent. Bonuses allowed are enumerated in Table 2C-4. ~._,--_._.__._._---_._----_.__.,-~~--_._._--'_._._._~-----,--- Amendment #3: Delete 14-4A-4H-4h. __. _,_'_'___'___'_"__'_"""~"_"_'_'_"________"'_______.___~_.,_._..,_ __.__...______M"______"__.___.,.___.__._..___.~.__._.._._' '0 Amendment #4: Delete 14-5A-5H-4, Circulation, and substitute in lieu thereof: 4. Circulation: Parking areas must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards and the standards of the base zone in which the property is located. a. Parking areas must be set back from rights-of-way and abutting properties and properly screened from view as specified in the applicable base zone regulations. b. The drive(s) on a property should be designed to facilitate vehicular circulation and connect street access points to parking areas, loading and unloading areas, drive-through facilities, and other vehicular use areas on a lot or tract. In general, drives should not be used as aisles. However, the City may allow parking spaces along a drive in situations where vehicular and pedestrian safety will not be compromised. When determining the length and location of drives and the configuration of parking spaces and aisles, the City will consider such factors as: (1) Size and shape of the parking lot - large parking lots with multiple aisles of parking may need a system of separated drives to facilitate traffic circulation; parking spaces should not be located along main circulation routes where traffic speeds may be higher, but may be allowed in lower traffic volume areas. In small parking areas, circulation drives may not be necessary. (2) Proximity to street access points c parking spaces should not be located so as to impede vehicles entering or exiting the site. The throat length 'of drives at street access points must be sufficient in length to provide the necessary vehicle stacking based on the anticipated traffic volume. Parking spaces and aisles will not be allowed in close proximity to the necessary driveway throats, as determined by the City. (3) Proposed use of the drive - parking spaces should not be located so as to impede drive-through lanes, loading and unloading areas, or higher volume delivery or truck circulation routes. c. To control vehicle speeds and facilitate traffic safety and circulation, drives must be separated from parking aisles by landscaped medians and islands as illustrated in Figure 5A.4, below. d. When used, medians should be at least 4 feet in width and be landscaped. If a median contains trees, it should be at least 8 feet wide. If medians are intended for pedestrian circulation they should be approximately 12 to 20 feet wide to accommodate a walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle areas. e. To guide turning vehicles, maintain sight lines, and protect vehicles at row ends, the free end of all parking aisles must be capped with a _'^_'m..._______~_______,_....__,_.._"_,_.____,____...-~--~-------..-...~.~--.,~-.~----....---.-.--.- landscaped terminal island as illustrated in Figure SA.3, below. In the CN-l Zone, at least one shade tree must be provided within each terminal island. Figure SA.3 - Terminal Parking Islands .--.----- ~ cccc f. Parking spaces within parking areas must be provided with car stops or curbing to prevent encroachment into landscaped setbacks, medians, and islands. g. Parking areas must be designed to permit ingress and egress of vehicles without needing to move any other vehicle occupying a parking space. h. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street. i. If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than 8 spaces, none of those spaces may be located in such a manner that would require backing into an alley. Amendment #5: Delete footnote 5 within Table 2C-2(a) and substitute in lieu thereof: 5 Maximum FAR is 3, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 5. . ,.._____._~.....__,__~_,~.__.___.__..__~.____________._...._._______..".,~_._____._...__._._~__.______...m.. __._..~...__.._.,___,,_____,_.._.._____,_ Amendment #6: Delete 14-2F-2B-2 and substitute in lieu thereof: 1. Land, buildings or structures owned by the Federal or State governments, or political subdivisions thereof, and used for public or governmental purposes. Amendment #7: Add a new paragraph 1 within 14-2F-3C as follows and renumber subsequent paragraphs accordingly: 1. Sign Regulations Sections 14-56-3 and 14-5B-4 are applicable to uses within the Public Zone. Delete Sections 14-58-3 and 14-58-4 and substitute in lieu thereof 14-58-3 General Location Standards A. Location Standards For All Zones 1. No sign shall be located in violation of the Intersection Visibility Standards set forth in Article 14-5D. 2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any property line, with the following exception. Signs may be located closer than 5 feet to a property line at 10 feet or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide-base signs must not be located closer than 10 feet to any right-of-way or closer than 30 feet to any street curb. 3. Building signs must comply with the building setback requirements of the base zone. No part of a building sign or sign support may overhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the public right-of-way according to the provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. B. Signs Adjacent To Residential Zones 1. Any sign located in a Non-Residential zone, but within 100 feet of a Residential Zone is subject to the standards and limitations of Subsection 8C, Sign Standards in the CO-I, CN-1 and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. 3. In Non-residential Zones, except for facia signs, no sign shall be located in the required front building setback area within 50 feet of a Residential Zone. 4. Facia signs located in Non-residential Zones and within 50 feet of a Residential Zone on the same side of the street shall not be placed on the wall of the building facing the Residential Zone. 14-58-4 Construction and Maintenance Re uirements A. Construction All signs, except for temporary signs, shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and loads as required by the Building Code. B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-I0 Zones, the minimum clearance height is 8 feet. C. Maintenance All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that is changed manually Any sign may contain copy that is changed manually. 2. Copy that is changed electronically Signs where the copy is changed by electronic means are only allowed as specified below. a. The sign must be located in a Commercial Zone or in a Public Zone. However, electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. On properties zoned Public, electronic changeable copy signs are not allowed where said sign would be visible from any adjacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-l, CI-l, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. c. The changeable copy may not be animated (See definition of ANIMATED SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make use of the words, "stop," "go slow," "caution," "drive in," "danger," or any other word, phrase, symbol or character in such a way as to interfere with, mislead or confuse traffic. c. The sign must comply with the illumination standards as specified in the following subsection. f. In the MU, CO-1, CN-1, and CB-10 Zones, electronic changeable copy is only allowed on a time and temperature sign (See definition of TIME AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. g. In Public Zones and in CH-1, CI-1, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide-base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On freestanding and freestanding wide-base signs the electronic changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. For monument signs the electronic changeable copy portion of the sign may not exceed 50 percent of the area of the sign face. h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time and temperature signs and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On monument signs the electronic changeable copy portion of the sign may not exceed 75 percent of the area of the sign face. --~~.__._-----",--,,-,,----------~,------"-'---"'"'-- -_._--_._---_.~-_._-~----_.,._.__.~.- - ---.-------------..-.....----------..--.-...-.---....-----.-.-.-,-------.-.,-..,...- Amendment #8: Delete paragraph 14-38-38-2 and substitute in lieu thereof.' 2. For purposes of this Article, a material change is any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives. Delete the definition of "material change" in Article 14-98, Historic Preservation Definitions and substitute in lieu thereof: MATERIAL CHANGE: any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives. Delete 14-5C-3E and substitute in lieu thereof: E. Historic Review, as set forth in Article 14-8E of this Title, Historic Preservation Commission Approval Procedures, is required for any new access to property designated as an Iowa City landmark or property located in a Historic or Conservation District. - ---_._.~-._,- - -- ----------.--.-.-----.------....... -.---.-----.-.--..-.... -.".--.-.--.-----.,..-. .-..--.-- .----.---- --- . -. -.--".--.----...------.--- Amendment #9: Delete subparagraph 14-4B-4D-6d, Vehicular Circulation, and substitute in lieu thereof" d. Vehicular Circulation The use must provide a drop-off I pick-up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop-off / pick-up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights-ot-way (See minimum parking requirements tor Daycare in Table 5A-2). To promote sate vehicular circulation, one-way drives are encouraged. Delete the parking requirement for Daycare within Table 5A-2, Minimum Parking Requirements for al/ Zones, except CB-5 and CB-1O Zones, and substitute in lieu thereof: USE CATEGORIES SUBGROUPS Parking Requlrement~ Bicycle Parklna InsUtutlonal And Civic Uses Daycare 1 space per employee based on the maximum number of employees at the site at anyone time plus one 10% parl<ing space lor each 10 children or clients served, based on the maximum number 01 children present on the site at anyone time, plus one stacking space for each 20 chiidren or clients served, based on the maximum number 01 clients or children present on the site at anyone time. Additional parking spaces at a ratio of 1120 clients or chiidren served may be substituted for the stacking spaces, if the City determines that such an arrangement will not cause traffic to stack into adjacent streets or public nghts-<ll- way. Amendment #10: Delete 14-48-40-8 and 14-48-40-9 and substitute in lieu thereof: 8. General Educational Facilities in the RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the . number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. c. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 9. General Educational Facilities in the RS-5, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The following setbacks are required iri lieu of the setbacks specified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in 14-2A-4B-5, Adjustments to Principal Building Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Educational Facility, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. Amendment #11 : Delete 14-48-40-13 and 14-48-40-14 and substitute in lieu thereof: 13. Religious/Private Group Assembly in the IO-RM, IO-e, RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. Religious Institutions in existence prior to 1963 that are located in the RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 are exempt from and may expand without compliance with the required number of parking spaces. c. Religious Institutions located in the PRM Zone that have parking areas that existed prior to March 1, 1992 and if such parking areas are within 300 feet of a Commercial Zone, the Religious Institution may lease up to and including 2/3 of the required parking spaces within said parking areas to other users. d. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly In areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use e. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 14. Religious/Private Group Assembly in the IO-RS, RS-S, RS-S, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in 14-2A-4B-5, Adjustments to Principal Building Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Religious/Private Group Assembly Use, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. . (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use is located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. Amendment #12 and 23: Delete subsection 14-88-4A, Permit Required, and 14-88-48, Submittal Requirements, and substitute in lieu thereof: A. Permit Required Prior to construction of any of the following types of fences or walls, a building permit must be obtained from the Department of Housing and Inspection Services. 1. Electric fences; . 2. Barbed wire fences; 3. Any fence or wall over 6 feet in height; 4. Any retaining wall over 4 feet in height measured from the top of the footing to the top of the wall; and 5. A retaining wall of any height that supports a surcharge or impounds flammable liqUids. B. Submittal Requirements 1. An application for a building permit must be filed with the Department of Housing and Inspection Service on application forms provided the City. 2. Supporting materials must be submitted as specified on the application form. Amendment #14: Delete subsection 14-4E-8B, Nonconforming Parking and Loading, and substitute in lieu thereof: B. Nonconforming Parking and Loading 1. If a non-residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, .only the number of spaces relating to the enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. 3. Any portion of a nonconforming parking area or loading area that is reconstructed or expanded, must be brought into compliance with all applicable construction, design, location, and screening and landscaping requirements. 4. Whenever a use or uses, which are located on a site that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, is are enlarged by less than 50 percent in total floor area on the property, the property must be brought into compliance with the development standards listed below. '. a. Applicable perimeter parking lot landscaping and screening requirements; b. Any new parking area must meet all applicable construction, design, location, and landscaping requirements. 5. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, are enlarged one or more times, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5A, Parking and Loading Standards, and any applicable parking location and perimeter landscaping and screening requirements of the base zone, except as allowed in paragraph 1, above. The Building Official may modify or waive any such requirements that would necessitate moving buildings or other permanent structures on the site. 6. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. b. In addition to any additional spaces required in subparagraph a" as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. Amendment #14 - continued: Delete 14-4E-8D, Nonconforming Landscaping/Screening, and 14-4E-8E, Nonconforming Outdoor Lighting, and substitute in lieu thereof:: D. Nonconforming Landscaping/Screening Whenever a use or uses, which are located on a property that is nonconforming with regard to the screening, landscaping, and/or tree standards of this Title, are is enlarged by one or more times, the sum total of which increases the total floor area on the property by 10 percent or more, the property must be brought into full compliance with any applicable screening and landscaping requirements of the base zone and of Article 14-46, Minor Modifications, Variances, Special Exceptions and Provisional Uses. In addition, such a property must be brought into full compliance with Street Tree and Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards. Rules governing the provision of trees and landscaping for nonconforming parking and loading areas are stated in subsection 6, above, Nonconforming Parking and Loading. The City may waive any landscaping or screening requirement that cannot be met due to a conflict with any other requirement of this Title. Conflicts with non-required elements of a development do not qualify for this waiver. E. Nonconfonning Outdoor Lighting 1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re- aim the existing fixture. 2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply with any applicable requirement that it be fully shielded. 3. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-5G, Outdoor Lighting Standards, is are enlarged by less than 50 percent in total floor area on the property, any new outdoor lighting installed due to the enlargement must fully comply with the Outdoor Lighting Standards. Existing nonconforming lighting may remain, except as specified in paragraphs 1. and 2., above. 4. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-5G, Outdoor Lighting Standards, are enlarged one or more times, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5G, Outdoor Lighting Standards. Amendment #15: Delete Table 58-1 and substitute in lieu thereof.- ", .', --, ~,~ '" '-r- ""-''''' 00' , ~"'=r-' ~1-'~ - ~t.. ~-~"N- "",,,,,,,,.,,,,,~..~. "'''1'1"'-'''. . -= 0 , :f1".r,1!:iipj! '{lj,i~.{j;x'x"rr~1!t~m~1ii;~11['!i~'!i~~@~g!~~lfi~~li~E0'~t]m.I~Ji~1!~:i\l ~~ ')> .~ '- " - , - - ~ ,~ _" ,,~' r~ c, ': ~ ~t~ ~ ~ '-,. - .,. :'t'. ~. '-:~-";.-:"'tt'~: ~~J;:ttrul!titnfu:rrm!\;,'\~~ .1 . J;tr'lJllltd-iJJi)!l, , ,', :' ,,', >.{'l!p:.;'. :,,' " ",' ,"~' rlJl;!;\lii)!Jjilf,jf:)J)I;)JD,,~, ci'1~r~~ll.w1liJ~ <~d..>~~__~~~_~~._~". _~"-,..,,}:..;'...,.,~'......:u,,,lla.:~'~k:J;.~~"'~~H ;~;.~~..J.,,,,...~~2 _'" l""",~ ID.RS, RR.1, RS.5, RS.8, RS.12, RNS.12 4 sq. ft. Max. Height: Top of first story. Limited to identification Facia Sign' only, except as allowed for ID.RM, RM.12, RM.20, RNS.20, RMM, Institutional Uses. PRM 12 sq. ft Not allowed for Single Family and Two Family Uses, Max. Height 5 ft Limited to identification 12 sq. ft. per sign face only, except as allowed for ID.RS, RR.1, RS-5, RS.8, RS-12, RNS-12 May be double-faced for a Institutional Uses. total area of 24 sq.ft. Not allowed for Single Family and Two Family Monument Sign1 Uses. Max. Height: 5 ft Limited to identification ID.RM, RM-12, RM-20, RNS-20, RM-44, 24 sq. ft. per sign face. only, except as allowed for PRM May be double-faced for a Institutional Uses. total area of 48 sq.ft. Not allowed tor Single Family and Two Family Uses Max Height: Top of first story ID-RS, RR.1, RS.5, RS-8, RS-12, RNS-12, Limited to identification Awning Sign' ID-RM, RM.12, RM-20, RNC RNS-20, RM- 12 sq. ft. or 25% of awning only, except as allowed for 44, PRM surface, whichever is less Institutional Uses. Not allowed for Single Family and Two Family Uses, ID-RS, RR.1, RS-5, RS-8, RS-12, RNS.12, 2 sq. ft. per face Directional signs ID.RM, RM-12, RM.20, RNS-20, RM-44, May be double-faced for - PRM total area of 4 sq. ft. The sign must be a building Small ID.RS, RR-1, RS-5, RS-8, RS-12, RNS-12, sign. identification sign ID-RM, RM.12, RM-20, RNS.20, RM.44, 2 sq. ft Up to one of these signs is PRM allowed per building No permit is required, ID-RS, RR-1, RS-5, RS-8, RS.12, RNS.12, Up to one of these signs is Integral sign ID-RM, RM.12, RM.20, RNS-20, RM-44, 2 sq. ft. allowed per building. PRM No permit is required. ID-RS, RR-1, RS-5, RS.8, RS-12, RNS-12, Public Flags ID-RM, RM.12, RM-20, RNS-20, RM-44, -- No permit is required PRM 'Only one sign is permitled, one facia sign, one awning sign, or one monument sign (See 14.5B-8A-1.b.,above) Amendment #16: Delete subsection 14-5C-2E and substitute in lieu thereof E. Arterial streets, as referenced in this Article, are those streets shown on the Iowa City Arterial Street Map in Figure SC.l, below, and include future arterial streets as shown on the map. Said map is based on the JCCOG Arterial Street Map, as amended. If the JCCOG Arterial Street Map, as amended, conflicts with the Figure SC.l, the JCCOG map will supersede Figure SC.1. Amendment #17: Delete paragraph 14-5E-2B-3, and substitute in lieu thereof: B. Exemptions The following are exempt from the requirements of this Article: 1. Any individual lot occupied by a Detached Single Family Dwelling or a Detached Zero Lot Line Dwelling, including Group Households, if located within such a dwelling. 2. Property in the ID and C6-1O zones. 3. In Commercial Zones, property developed in accordance with the setback requirements of the base zone in such a manner that insufficient area is available to achieve compliance with the requirements of this Article; however, all trees that can be provided in compliance with the requirements must be provided. Amendment #18: Delete paragraph 14-5G-4C-4, and substitute in lieu thereof: 4. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-I, or CO-1. The City may increase the maximum up to 1.0 horizontal footcandles for Building Code required lighting on buildings located on or close to the property line. However, lighting must be located and shielded in a manner that will be least obtrusive to any abutting residential properties. Amendment #19: Delete subsection 14-5G-5A and Table 5G-1, and substitute in lieu thereof." A. Maximum Outdoor Light Output 1. Total outdoor light output defined The total outdoor light output on a property is the total amount of light, measured in initial lumens, from all bulbs used in outdoor light fixtures. It includes all lights and luminous tubing used for display lighting, general illumination, architectural/accent lighting, and lights used for external illumination of signs, but does not indude lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb types that vary in their output as they age, such as high pressure sodium, fluorescent and metal halide, the initial lumen output, as defined by the manufacturer, is the value to be considered when calculating total outdoor light output. 2. ADDlicabilitv The total outdoor light output on any property that is subject to the provisions of this Article may not exceed the limits in Table 5G-l, except for those that are exempted in paragraph 3, below and in Section 14-4G-7. The values in this table are upper limits and not design goals; design goals should be the lowest light levels that meet the requirements of the task. 3. ExemDtions a. Seasonal decorations, permitted between Thanksgiving and the end of January, are not counted toward the total outdoor light output. b. In the E2 and E3 Districts, properties where the building coverage is 80% or greater are exempt from the maximum total outdoor light output standard, but are subject to the limitation on unshielded fixtures, as stated in Table 5G-l, below. B. Lighting Environment Districts All Residential, Commercial, Office, and Industrial Zones are grouped into three lighting environment districts that control lighting output on applicable lots in each zone. Uses, for which the lighting standards are applicable, located within the Public (P) Zone must comply with the lighting requirements of the adjacent zone; those on the border betWeen two or more zones must comply with the standards of the strictest adjacent zone. Zones are grouped into the lighting environment districts as follows: 1. Low Illumination District, El Areas of low ambient lighting levels. This District indudes single-family and low-density multi-family residential zones. This District applies to the following zones: ID-RS, ID-RM, RR-l, RS-5, RS-8, RS-12, RM-12, and RNS-12. 2. Medium Illumination District, E2 Areas of medium ambient lighting levels. This District includes higher density multi-family zones and lower intensity commercial and office zones. This District applies to the following zones: ID-C, ID-I, ID-RP, CN-l, CO-l, PRM, RM-20, RM-44, RNS-20, and MU. 3. High Illumination District, E3 Areas of high ambient lighting levels. This District includes higher intensity commercial, industrial, and research zones. This District applies to the following zones: CC-2, CH-1, CI-1, CB-2, CB-5, CB-10, 1-1, 1-2, RDP, and ORP. C. Measuring Total Outdoor Light Output 1. The maximums in Table 5G-1 are based on a calcuiation of initial lumens per net acre. The lot size iess the total building coverage of the lot determines the number of net acres used for this calculation. 2. Lumen output from an under-canopy or under-eave light fixture mounted 15 or more feet from any edge of the eave or canopy will be measured at 0.5 its full value. _:"-,;::~":,,,,,:,;:_;,~; :;':)',"':"'l' ',L:;' ;::":::,_",,,:<,:,,,,,:::,:"'/_"'-;_ :.:"d, ','. "',' ',', : ,; .,-:, , Ta~I~~G,;1.::'-"~lf,lmHmRll'~~(j?I.~i,~htg~~Il~t..S'~I1~ards, , ,'"' . '. . :f :~f l;\~;:""" Ugh~ng~y\~~~~lilpi~t~~>,,; " ,~:'i'V . ShilifdfngCiirlibiilations E1" '~:';,., . ,E2," ,',:.E3,' .. LOw Ambienl Ughli'19, Medium AmbientLighting High Ambient Ughting . ,'. " f:. (in iriitiallume~~ ~~ast~) , (in initial lumens per acre) .(in inilial lumens per acre) Maximum TQ!al,Out~oor Ught,Output (including both 50,000 100,000 200,000 fully shieldeifand unshielded flXfures)',ij';, ...... Mrodirjuni Oyl@(~ight . ' Ootputfioffi Un'shielded 4,000 10,000 10000 fixtures' ,;:~'i'C::'; ;;?r?:i:j~~:}':?Jj ;.;-. Amendment #20: Amend paragraph 14-28-61-3, Architectural style, as follows: 3. Architectural style The purpose of requiring an architectural style is to ensure that the mass, roof form, window style and configuration, and the basic architectural details of a building are generally compatible with the historic character of the Central Planning District. New buildings should appear similar to a large house or a small historic apartment building. a. Any building elevation that is within public view (See definition of PUBLIC VIEW, WITHIN), must be designed in a manner that is consistent with a historic architectural style typical of residential buildings in the Central Planning District. However, building facades that are visible only from public alleys are not subject to these standards. The applicable architectural styles are as follows: Italianate; Queen Anne; Colonial Revival; Craftsman; Craftsman Bungalow; American Foursquare; Prairie School; Period Revival; and Eclectic. The applicant must indicate in detail how each of the following architectural elements in the proposed building are consistent with one of these architectural styles as described in the Iowa City Historic Preservation Handbook, as amended. (1) Form and mass of the building; (2) Roof configuration and pitch; (3) Style and placement of windows and doors; (4) Window and door trim, eave boards, frieze boards, and other trim; (5) Porch and entrance features; (6) Building details and ornamentation. b. Detailed information regarding historic residential building styles is available in the Iowa City Historic Preservation Handbook. The Design Review Committee and the Historic Preservation Commission will use this information as a means to evaluate new buildings in the Central Planning District. c. Alternative designs that have been prepared by a licensed architect may be acceptable and will be reviewed on a case-by-case basis. Amendment #21 : Delete 14-4A-5G, Wholesale Sales Uses, and substitute in lieu thereof: G. Wholesale Sales Uses 1. Characteristics Firms that are primarily involved in the sale, lease, or rent of products to retailers; to industrial, institutional, or commercial business users; or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. Businesses mayor may not be open to the general public, but sales to the general public are limited.. Products may be picked up on site or delivered to the customer. 2. Examples Wholesale sales and rental of heavy trucks, machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; wholesalers of food, clothing, auto parts, and building hardware. 3. Accessory Uses Offices; products repair; warehouses; parking; minor fabrication services; repackaging of goods. 4. Exceptions a. Firms that engage primarily in sales to the general public or on a membership basis are classified as Sales-oriented Retail. b. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement. c. Wholesale plant or tree nurseries are classified as Agriculture. ____________._^_.__ _ ________..____..~_,.______~_...._____._,._,_.___,.______ 0' ..__..________._.,_.._".n__.._____~._,._ Amendment #22: Delete subsection 14-4E-5E, Damage or Destruction, and substitute in lieu thereof: E. Damage or Destruction 1. Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed value of the structure at the time of damage or destruction, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such damage occurred. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, must revert to a conforming use. 3. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amendment #22 - continued: Delete subsection 14-4E-6C, Damage or Destruction, and substitute in lieu thereof: E. Damage or Destruction 1. Any nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 7S percent of the assessed value of the structure, may be restored to the same degree of nonconformity or less. Any such restoration must be completed . within 2 years of the date the structure was destroyed or damaged; otherwise the structure may not be restored, except in compliance with the provisions of this Title. 2. Except for designated Historic Landmarks or key or contributing structures in a Historic Preservation OVerlay Zone, a nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 7S percent or more of the assessed value of the structure, may not be restored except in compliance with the provisions of this Title. 3. A nonconforming structure that is a designated Historic Landmark or a key or contributing structure in a Historic Preservation or Conservation District Overlay Zone may be reconstructed upon its original foundation or the site of the original foundation regardless of the extent of the damages, provided it is reconstructed as nearly as possible to the original exterior design. A certificate of appropriateness from the Historic Preservation Commission is required prior to commencing reconstruction. 4. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amendment #24: Delete the definition of " Cottage Industry" in Article 14-9A, and substitute in lieu thereof: COTTAGE INDUSTRY: A firm that manufactures and/or assembles goods that are intended for retail sales to the general public. The goods may also be sold at wholesale to other outlets or firms, but retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. Amendment #25: Delete the definition of "Floor Area" in Article 14-9A, and substitute in lieu thereof.' FLOOR AREA: The total area of all floors of a building, or a portion of a building, measured to the outside surface of exterior walls or to the center line of walls of attached buildings or uses. Floor area includes all space within the building, including space in the basement or cellar, if such space is used for a principal or accessory use, However, floor area does not include the area of porches, balconies and other appurtenances. When calculating the floor area of a principal dwelling, the area of any attached garage is excluded. Floor area of basements and cellars is excluded from the calculation of FAR (See FLOOR AREA RATIO). Amendment #26: Delete the definition of "Grade" in Article 14-9A, and substitute in lieu thereof: GRADE (Adjacent Ground Elevation): The average point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building, the slope of the fill within 20 feet of the building shall not exceed 4 horizontal to one vertical or 25 percent. Amendment #27: Delete the definitions of "Sensitive Areas Development Plan, " "Sensitive Areas Overlay Zone, " and "Sensitive Areas Site Plan" within Article 14-9E and substitute in lieu thereof: SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a Levell or Level II Sensitive Areas Review that delineates construction areas limits and designates protected sensitive areas and associated buffers within a planned development. LEVEL II SENSITIVE AREAS REVIEW: A planned development rezoning that is required prior to any development activity that is not otherwise exempted, on any a tract of land that contains regulated sensitive features as specified in Article 14-51. Said rezoning requires the approval of a sensitive areas development plan, which delineates construction area limits and designates protected sensitive areas and their associated buffers on said tract. LEVEL I SENSITIVE AREAS REVIEW: An administrative review of a sensitive areas development plan required prior to any development activity, which is not otherwise exempted, on property that contains any regulated sensitive feature as specified in Article 14-51, but for which a Level II Sensitive Areas Review is not required. Amendment #28: Delete Table 2C-2(b): Dimensional Requirements for the Mixed Use Zone (MU), and substitute in lieu thereof.' MU Detached SF and Detached 3,000 3,000 30 20 5/156 5+2' 20 35 50% 50% Zero Lot Line Two Family 3,600 1,800 45 20 5/156 5+22 20 355 50% 50% (Duplex) Attached SF 1,800 1,800 20/28' 20 5115' 0/103 20 35 50% 50% Multi-Family 5,000 1,800 45 20 5/156 5+22 5+22 35' 50% 50% Group Living 5,000 See 45 20 5/15' 5+22 5+22 355 50% 50% MAS Non-residential1 none nla none 20 5/15' 5+2' 5+2' 35' 50% nla Notes: n/a = not applicable 1Non-residential uses must comply with the standards listed in this table unless specified otherwise in 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 1 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story. For Detached Zero Lot Line Dwellings, see applicable setback regulations in 14-48, 3 See applicable setback requirements in Article 14-48, Minor Modifications, Variances, Special Exceptions, and ProviSional Uses. , Minimum lot width is 20 feet for attached units on inferior lots and 28 feet for end lots in a row of attached units. When only two units are attached, lots must be 28 feet wide. 5 Maximum height is 35 feet. However, if any portion of a Two Family Use, Multi-Family Use, Group living Use, or a Non-residential Use is located within 15 feet of a property that contains an existing Single Family Use or within 15 feet of a Single Family Zone boundary, then fhe portion of the building located within 15 feet of said property or boundary may not exceed 2-1/2 stories in height. 'Minimum principal building setback is 5 feet. Maximum principal building setback is 15 feet. See 14-2C-9D, Maximum Setbacks. Amendment #29: Delete Table 3A-1 and substitute in lieu thereof: 1 5 8 8 13 24 15 24 15 15 24 24 43 - - _.----------------- --_.~--~._._--~---,_. ._--_._-,_._---"---~-_._------,-_._--------_... ",-",-,,---,,~-,-_._,-,-,-----,~---,--,--~-~'-'------'-,-",--"---"- Amendment # 30: Delete paragraph 14-28-6E-2 and Figure 28.8 and substitute in lieu thereof.' 2. In the Central Planning District The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the horizontal plane of any street-facing fac;ade of the building is broken into modules that give the appearance of smaller, individual buildings (See Figure 2B.8, below). Each module must meet the following standards: a. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. b. Each module must have a corresponding change in the roofline. c. Each module must be distinguished from the adjacent module by at least one of the following means: (1) Variation in material colors, types or textures; (2) Variation in the building and/or parapet height; (3) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (4) Variation in window pattern. (5) Variation in the use of balconies and recesses. Figure 2B.8 - Building modules that break up the horizontal plane ~Module~ !--Existing--j rModu,e-l ~Modulel New MF Building I--Module--l f-Existing--j Amendment #30 Continued: Delete paragraph 14-2C-6K-3, Building Details, and substitute in lieu thereof' 3. Building Details Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and provide a cohesive pattern to the building. Any building fa~ade that faces a public street or includes a public entrance shall include no less than three of the elements listed below. At least one of these elements shall occur along the vertical plane of the building. An example of a change that occurs on the vertical plane would be a change from stone on the lower portion of the building to stucco on the upper portion. All elements that occur along the horizontal plane of the building shall repeat at intervals of no more than 50 feet. These visual patterns must be cohesive with the articulation of the fa~de. a. Color change b. Texture change c. Material module change d. Expression of an architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal or projection. Amendment #30 Continued: Delete subsection 14-2C-7M, Building Bulk and Articulation, and substitute in lieu thereof.' M. Building Bulk and Articulation 1. The maximum length of any building wall is 270 feet. This standard applies whether the building contains a single business or multiple businesses or storefronts. 2. For buildings greater than 50 feet in width, the horizontal plane of any street- facing fa~ade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: ' (1) Variation in the wall plane by recessing a building module from the adjacent building module;' . (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. Amendment #30 Continued: Delete subsection 14-2C-BM, Building Articulation, and substitute in lieu thereof' M. Building Articulation 1. For buildings greater than 50 feet in width, the horizontal plane of any street- facing fa~ade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. Amendment #30 Continued: Delete subsection 14-2C-9G, and substitute in lieu thereof: G. Building scale for Multi-Family, Group Living, Commercial, and Civic/Institutional Buildings The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the horizontal plane of any street-facing fa~ade of the building is broken into modules that give the appearance of smaller, individual buildings. Each module must meet the following standards: 1. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. 2. Each module must have a corresponding change in the roofline. 3. Each module must be distinguished from the adjacent module by at least one of the following means: a. Variation in material colors, types or textures; b. Variation in the building and/or parapet height; c. Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; d. Variation in window pattern. e. Variation in the use of balconies and recesses. Amendment #31: Delete subsection 14-7C-5A, Penalties, and substitute in lieu thereof: A. Penalties 1. The owner or manager of a building or premises in or upon which a violation of any provision of this Title has been committed or exists or the lessee or tenant of a building or premises in or upon which violation has been committed or exists or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation exists or who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Title may be found guilty of a simple misdemeanor or municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to the penalties specified in 1-4-20, except for environmental infractions, which shall be subject to the penalty for same as specified in 1-4-26-2, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. Amendment #32: De/ete subsection 14-4A-4/, Surface Passenger SeNices, and substitute in lieu thereof: I. Surface Passenger Services 1. Characteristics Passenger terminals for regional bus and passenger rail service; dispatch facilities for local taxi and limousine service. 2. Examples Regional bus and passenger rail depots; charter and rental bus services; dispatch facilities for local taxi and limousine services 3. Accessory Uses Offices; concessions; parking; maintenance and fueling facilities. 4. Exceptions Bus stations and park-and-ride facilities for local mass transit are classified as General Community Service Uses. De/ete subsection 14-4A-5E, Warehouse and Freight Movement Uses, and substitute in lieu thereof: E. Warehouse and Freight Movement Uses 1. Characteristics Firms involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site. sales activity with the customer present. 2. Examples Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; storage lots for large fleets of vehicles; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel, and other aggregate materials. 3. Accessory Uses Offices; fleet parking and maintenance areas; rail spur or lead lines; docks; and repackaging facilities. 4. Exceptions a. Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related Uses. b. Mini-warehouses are classified as Self-Service Storage. c. Dispatch facilities and accessory parking areas for taxi and limousine services are classified as Surface Passenger Services. Amendment #33: Delete the definitions of "front yard, " "rear yard, " and "side yard" within Article 14-9A, General Definitions, and substitute in lieu thereof: YARD, FRONT: The area on a lot between the street-side lot line(s) and a line drawn parallel to and flush with the plane of any building fac;ade of a principal building that faces a street-side lot line. On lots with multiple buildings, there is no front yard adjacent to buildings that are behind or surrounded by other buildings, such that there is no fac;ade directly facing the street. YARD, REAR: On an interior tot, the rear yard is the area extending from one side lot line to another side lot line and between the rear lot line and a line drawn parallel to and flush with the plane of the rear building fac;ade(s) of the principal building(s) on a lot. On a corner lot, the rear yard is the area extending from the side lot line to the front yard line that is opposite the side lot line and between the rear lot line and a line drawn parallel to and flush with the plane of any building fac;ade(s) of the principal building(s) that face a rear lot line. On a double fronting lot there is no rear yard. YARD, SIDE: The area on a lot bounded by any fac;ade of the principal building that faces a sid.e lot line and that same side lot line and excluding any area that is front yard, rear yard, or interior courtyard. Add a definition of "Yard/Courtyard, Interior," within Article 14-9A as follows: YARD/COURTYARD, INTERIOR: An open area on a lot, which is bounded on at least three sides by the exterior walls of one or more buildings and is not open toward a street-side lot line. An interior courtyard is not a side yard. Delete the illustration of "yards" within Article 14-9A and substitute in lieu thereof the following four illustrations: Side yard Rear Lot Line I I Front Yard Line I Street Side Lot line I- W W a: I- III STREET Front lot line STREET Interior Lot Comer Lot Side Lot Line Side yard Rel.lotllne STREET Front Lot Line I Double-Frontage Lot Interior Court Yard City of Iowa City MEMORANDUM / {(> (~ September 1, 2006 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Proposed amendments to the Zoning Code Attached are a number of staff proposed amendments to the Zoning Code. It has been nine months since the new code was adopted and it has proved to be a good test period for the new code. While the zoning code is largely working as we expected, there are a few corrections that should be made. The attached amendments are largely minor corrections of inconsistencies between the various sections of the zoning code or between the zoning code and the building code, deletions of obsolete language, clarifications of language that may be confusing or misleading, and changes that will create additional flexibility for unusual circumstances that cannot always be predicted. Please note that only the underlined sections on the following pages represent new language. The language shown with strikethrough is proposed to be deleted. We have tried to provide enough of the surrounding code language to give you some context within which to understand the changes proposed amendment, but everything that is not underlined or struck through is existing language in the code and will remain the same. Following is a brief description of the amendments included in this packet: 1. Addition of a provision allowing a waiver of the landscape screening standards where the view from adjacent properties or the street is blocked by natural or human-made features such that the screening standard is effectively met. 2. Correction of an obsolete procedure for applying bonus provisions in the CB-5 and CB- 10 Zones. 3. Deletion of redundant language in the description of the retail use category. 4. Clarification of the rules for separating aisles and drives within parking lots to allow more flexibility to locate parking spaces along drives in situations where traffic safety will not be compromised. 5. Correction of an typographical error regarding the maximum FAR in the CB-5 Zone, as stated in a footnote to Table 2C-2(a), Dimensional Requirements for all Commercial Zones, except the MU Zone. 6. Deletion of the list of examples of uses allowed within the Public Zone 7. Amend regulations so that basic sign regulations will apply to publicly zone property. 8. Addition of a cross reference within the historic preservation regulations to clarify that requests for new access drives for historic properties must be reviewed by the Historic Preservation Commission. 9. Amend requirements for daycare uses to clarify standards for drop off I pick up areas and to increase and clarify the parking requirements to ensure adequate on-site parking for these uses. 10. Deletion of specific setback requirements for educational facilities in higher density zones and addition of an option to seek a special exception to modify the special setback requirements for educational facilities within single family residential zones. 11. Deletion of special setback requirements for religious/private group assembly uses in higher density zones and addition of an option to seek a special exception to modify the special setback requirements for religious/private group assembly uses within single family residential zones. 12. Clarification that a building permit is required for retaining walls over 4 feet in height. 13. Clarification to correct ambiguous language regarding the side and rear setback requirements for accessory buildings. 14. Clarification to correct ambiguous language regarding properties that are nonconforming with regard to parking requirements, landscaping and screening requirements, and outdoor lighting standards. 15. Correction of typos in the names of zones within Table 5B-1, Sign Specifications and Provisions in Residential Zones and the ID and OPDH Zones. 16. Clarification that the Iowa City Arterial Street Map is based on the JCCOG Arterial Street Map 17. Clarification that an exemption listed in the code applies to all tree requirements of Article 5E, not just the street tree requirements. 18. Amend the light trespass standard so that it will not conflict with the Building Code standard for required lighting at building exits. 19. Addition of an exemption from the total outdoor light output standards for properties where the building coverage exceeds 80%. 20. Clarification regarding how standards for architectural style will be administered for new two-family, multi-family and group living uses in the Central Planning District. 21. Clarification of the description of wholesale sales uses to distinguish these uses from retail uses. 22. Amend the damage and destruction clauses for nonconforming uses and structures so that calculations are based on assessed value of the property instead of replacement value. 23. Clarification of procedures for obtaining a fence permit. 24. Clarification of the definition of "cottage industry." 25. Amendment to the definition of floor area to make it clear that the area of garage is only excluded from the calculation of floor area if it is a garage that is attached to the principal building. 26. Clarification of the definition of "grade," deleting unnecessary language that may be confusing. 27. Clarification of sensitive lands definitions to be consistent with recently adopted changes to the sensitive areas regulations. 28. Correction within Table 2C-2(b), Dimensional Requirement for the Mixed Use Zone, to make it clear that the front setback coverage standard does not apply to nonresidential uses. 29. Correction of the maximum residential densities allowed in planned developments so it is consistent with the maximum densities in the respective base zones. 30. Amendments to building articulation standards within the code to clarify how the standards apply to the "horizontal plane" versus "vertical plane" of a building. Approved by: ~ Robert Miklo, Senior Planner Department of Planning and Community Development Amendment #1: Add an exception to screening standards to allow more flexibility for sites where screening is already effectively provided by a change in topography or a human-made element, such as a building or a railroad abutment. Multi-Family Zones Amend subparagraph 14-2B-6C-3a. as follows: a. A buffer area at least 10 feet in width and landscaped to at least the S2 standard must be provided between any parking area and adjacent properties and between any parking area and street rights-ot-way (See Article 14-5F, Screening and Buffering Standards). The City may exempt from this laFlEj66a~iR!l requirement any specific location along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot. The City may also waive the landscape screenino re~uirement where the view from adiacent properties is or will be blocked bY a sionificant chanoe in arade or by natural or human-made features. such that the screenino is effectivelY provided and the intent ot the standard is met. as determined by the Buildino Official. Commercial Zones Add a paragraph 5. to 14-2C-6G, Landscaping and Screening: 5. Screenino may be waived by the Buildino Official where the view is or will be blocked bY a sionificant chanoe in orade or by natural or human-made features. such that the screenino is effectively provided and the intent of the standard is met. as determined bv the Buildino Official. Add a subparagraph g. to 14-2C-6/-2, as follows: g. Screenino for outdoor storaoe and display areas may be waived by the Buildino Official where the view is or will be blocked by a sionificant chanae in orade or by natural or human-made features. such that screenino is effectively provided and the intent of the standard is met. as determined by the Buildino Official. Add a paragraph 4. to 14-2C-7/, as follows: 4. Screenino may be waived by the Buildino Official where the view is or will be blocked by a sionificant chanoe in orade or bv natural or human-made features. such that screenino is effectively provided and the intent of the standard is met. as determined bY the Buildino Official. Add a subparagraph c. to 14-2C-BG-3, as follows: c. Screenino may be waived by the Buildino Official where the view is or will be blocked by a sionificant chanoe in orade or by natural or human-made features. 1 such that screenina is effectivelv provided and the intent of the standard is met. as determined bv the Buildina Official. Add a subparagraph c. to 14-2C-9E-3, as follows: c. Screening mav be waived bv the Buildina Official where the view is or will be blocked bv a sianificant chanae in arade or bv natural or human-made features, such that screenina is effective Iv provided and the intent of the standard is met. as determined bv the Buildina Official. Industrial Zones Delete paragraph 14-2D-5F-2: 2. All eutseer sterage areas tRat are leaates ale A!! a sise er rear let line that sees net aeut a Iluelia ri!!ht ef way must ee seteask at least 1 9 teat frem sais let lina ans samenes fram ',iew af tRa asjaaent Ilrel3erty to at least tRe sa staAsar.s. If a tense is euilt areuns the stera!!e area, the reE\uir-es ssr-eening must ee lesates eetweeA the teAse ans tRe aSjaaent I3ral3erty. Add a new paragraph to 14-2D-5F as follows: 3. Screenina may be waived by the Buildina Official where the view is or will be blocked by a sianificant chanae in arade or by natural or human-made features. such that screening is effective Iv provided and the intent of the standard is met. as determined bv the Building Official. Public Zones Add a paragraph 6. to 14-2F-5C, as follows: 6. Screenina may be waived bv the Buildina Official where the view is or will be blocked by a chanae in arade or bY natural or human-made features. such that screenina is effectively provided and the intent of the standard is met. as determined bv the Buildina Official. 2 Amendment #2: Correction of out-of-date procedures for applying bonus provisions in the CB-5 and CB-10 Zones Amend 14-2C-80, as follows: O. Bonus Provisions The following bonus provisions are intended to provide an incentive for developments to incorporate features that provide a public benefit and to encourage excellence in architectural design. Floor area in excess of that allowed by the permitted base floor area or dwelling units in excess of the density otherwise achievable under the provisions of this Seeti8R Article may be granted. B8RHses are baGecl 8R a Jl8iHt system. P8iflts may be aWllrGeEl for JlreJl8seEl seReH! fe_es tkat The Director of Planning and Community Development will determines whether the proposed features are appropriate in design and iR tile Jlr8JleGecllocation. Decisions of the Director may be appealed to the Board of Adjusttnent. Bonuses allowed are enumerated in Table 2C-4. Amendment #3: Delete redundant language in the description of the retail use category. Delete 14-4A-4H-4h because it is a repeat of 14-4A-4H-4f. f. Bed and Breakfast Inns and Bed and Breakfast Homestays are considered accessory uses to owner-occupied Detached Single Family Dwellings and are regulated according to the provisions specified for such uses in Article 14-4C, Accessory Uses and Buildings. R. Bee aRe Breakfast IRRS ane Bee aRe Breakfast l=Iernestays are sensieeree assesser; \lses te He\lsehele li'liR!j (See Ar:liGle 14 4C, .'\GGessery \lses ane B\lileiR!jS). Amendment #4: Clarify separation of drives and aisles within parking lots to allow more flexibility to locate parking spaces along drives in situations where traffic safety will not be compromised Amend 14-5A-5H-4, Circulation, as follows: 4. Circulation: Parking areas must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards and the standards of the base zone in which the property is located. a. Parking areas must be set back from rights-of-way and abutting properties and properly screened from view as specified in the applicable base zone regulations. b. Drives FRl;Ist RSt BE: I;Iseel as aisle:;, elEeept as fells'....:;. If twe parldR!:j areas SA a let 6r=e eenAectea 13'( a clrive, Umt drive may else bc l:.Isea JS aR aisle fer AElt FRSI'€: tAaR 12 parkiA!j spaees. The drivers) on a orooertv should be desianed to facilitate vehicular circulation and connect street access ooints to oarkina areas. loadina and unloadina areas. drive- throuah facilities. and other vehicular use areas on a lot or tract. In aeneral. drives should not be used as aisles. However. the Citv mav allow oarkina soaces alona a drive in situations where vehicular and oedestrian safetv will not be comoromised. When determinina the lenath and location of drives and the confiauration of oarkina soaces and aisles. the Citv will consider such factors as: (1) Size and shaoe of the oarking lot - larae oarkina lots with multi ole aisles of oarkina mav need a svstem of seoarated drives to facilitate traffic circulation: oarkina soaces should not be located along main circulation routes where traffic soeeds mav be hiaher. but mav be allowed in lower traffic volume areas. In small oarkina areas. circulation drives mav not be necessary. (2) Proximitv to street access ooints - oarkina soaces should not be located so as to imoede vehicles enterina or exitina the site. The throat lenath of drives at street access ooints must be sufficient in lenath to orovide the necessary vehicle stackina based on the anticioated traffic volume. Parkina soaces and aisles will not be allowed in close oroximitv to the necessary drivewav throats. as determined bv the Citv. (3) Prooosed use of the drive - oarkina soaces should not be located so as to imoede drive-throuah lanes. loadina and unloadina areas. or higher volume deliverv or truck circulation routes. c. To control vehicle speeds and facilitate traffic safety and circulation, drives must be separated from parkiR!j spaee:; aRe! parking aisles by landscaped medians and islands as illustrated in Figure SAA, below. d. When used. medians should be at least 4 feet in width and be landscaoed. If a median contains trees. it t1eeliaR:; should be at least 8 feet wide te aeCGffiffie€late l'larldFl!jlst trees. If medians are intended for pedestrian circulation they should be approximately 12 to 20 feet wide to accommodate a walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle areas. e. To guide turning vehicles, maintain sight lines, and protect vehicles at row ends, the free end of all parking aisles must be capped with a landscaped terminal island as illustrated in Figure SA.3, below. In the CN-1 Zone, at least one shade tree must be provided within each terminal island. Figure 5A.3 - Terminal Parking Islands ....-----~-- --------~ g(OOOO) h. Parking spaces within parking areas must be provided with car stops or curbing to prevent encroachment into landscaped setbacks, medians, and islands, sr aSl:Il:tiFl!jl'larldFl!j sl'laees. Parking areas must be designed to permit ingress and egress of vehicles without needing to move any other vehicle occupying a parking space. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street. If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than 8 spaces, none of those spaces may be located in such a manner that would require backing into an alley. f. g. i. Amendment #5 - Correction of a typo regarding maximum FAR in the CB-5 Zone. In table 2C-2(a), that maximum FAR allowed with bonuses in the CB-5 Zone was inadvertently changed from 5 to 7 in footnote 5. This was not an intentional change, was never discussed as a change by the Planning and Zoning Commission or the City Council, and thus should be corrected. Amend footnote 5 within Table 2C-2(a) as follows: Table 2C-2(a): Dimensional Requirements for all COlnm,!lrcial Zones,exc:epttheMU Zone .. ."'A ":'" Maximum .;~: c',': , Minimum Lot R~qulr~iTJ~nts , ',Minimum S~tback$Ji', S~tbacks ' B~ilding Bulk, . Ar~aJ :. f; ',: c" " " Mln Zone Total Min. Ar~a dwelling Width Frontag'e Front' Side Rear Front Max HI. FAR (s.f.) unit (It.) (ft)" ,'(It.) ,(It.) (It.) (It) HI. (ft.) (s.l,) (It) , " CO.l none 2,725 none none 10 0' 0' none 257 none 1 or 33 CN.l 1,800 5 0' 0' See Section 22 or 35' 18 1 none none none 14-2C-7E CH.l none nla 100 none 10 0' 0' none none none 1 CI.t none nla none none 10 0' 0' none 35 none 1 CC.2 none 2,725 none none 10 0' 0' none 35 none 2 CB.2 none 875 none none 0 0' 0' none 45 none 2 CB.5 none none none none Oar 104 0' 0' 12 75 25 35 CB.l0 none none none none Oar 104 0' 0' 12 none 25 10' Noles n/a = not applicable 1 A side setback or rear setback is not required where the side lot line or rear lot line abuts a nonresidential lone. However, where a side lot line or rear lot line abuts a Residential Zone, a setback at least equal to the required setback in the abutting Residential Zone must be provided along Ihe Residential Zone boundary, 'Maximum height is 22 feet tor one-sfory buildings, with the following exception, One-story buildings may exceed 22 feet in height if there are clerestory windows facing the street that give the appearance of second floor space. The maximum height for all other buildings is 35 feel. 3 Maximum FAR is 1, except for lots across the street trom RM, C, or I Zones. The maximum FAR is 3 for lots across the street from RM, C, or I Zones, 4 A tront setback is not required, except for buildings that tront on Burlington Street. Buiidings must be sel back at least 10 feet from the Burlington Street right-at-way. Building columns supporting upper stories may be located within this 10-foot setback provided an adequate pedestrian passageway is maintained 5 Maximum FAR is 3, excepf for lofs with an approved FAR bonus, For lots with approved FAR bonuses, fhe FAR may be increased up to a maximum of!i 7-, , Maximum FAR is 10, except for lots with an approved FAR bonus, For iots with approved FAR bonuses, the FAR may be increased up to a maximum of 12, 7 Additional height is allowed under certain circumstances. See Section 14-2C-4C-1d(2). Amendment #6: Delete examples within Public Zone permitted uses in order to avoid confusion. Delete list of examples in 14-2F-2B-2 as follows: B. Permitted Uses 1. Plant-Related Agriculture 2. Land, buildings or structures owned by the Federal or State governments, or political subdivisions thereof, and used for public or governmental purposes. TRCGC uses iRcluE!e, but are Rot IiFRiteEl t-e tRC fellowiRg: a. Airllerts aRE! Helicol3t-er LaReiRg Facilities IJ. /\ssistce Group liviA!! e. Basic Utilities d. Callegcs aAE! URi',crsities e. CSffiffiercial ParldAg f. COffiFRURity SeF",ice Uses g. D:J'leare h. DeocAtioll Faeilities i. Edl:Jcatisflal facilities j. Hospitals I.. IReustFial Sel'Vice I. Office Uses m. PariES aRE! OpeR Sllaee H. Pl:Jl3licl'( s',,\'Aca CSffiffil;lAic:JtisA Transmissien Facilities 9. \'.'afeA8l:JSe ane! Frei~Rt P1evcment p. '.vast€: RelateE! Uses Amendment #7 - Amend Public Zone regulations so that basic sign regulations apply to signs located on publicly zoned property and clarify language regarding signs adjacent to residential zones. This amendment will ensure that signs are located in a manner that does not compromise public safety and prevent unduly large or brightly lit signs near residential neighborhoods. The changes to 14-5B-3 clarify that these standards apply to signs located within non-residential zones, but within proximity to residential zones. Without this clarification, there would be conflicts between this language and the sign regulations that apply to signs within residential zones. Add a new paragraph 1 within 14-2F-3C as follows and renumber subsequent paragraphs accordingly: c. Site Development Standards 1. Sian Reaulations Sections 14-5B- 3 and 14-5B-4 are applicable to uses within the Public Zone. Amend Sections 14-58-3 and 14-58-4 as follows: 14-58-3 General Location Standards A. Location Standards For All Zones 1. No sign shall be located in violation of the Intersection Visibility Standards set forth in Article 14-5D. 2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any property line, with the following exception. Signs may be located closer than 5 feet to a property line at 10 feet or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide-base signs must not be located closer than 10 feet to any right-of-way or closer than 30 feet to any street curb. 3. Building signs must comply with the building setback requirements of the base zone. No part of a building sign or sign support may overhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the public right-of-way according to the provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. B. Signs Adjacent To Residential Zones 1. Any sign located in a Non-Residential zone, but within 100 feet of a Residential Zone is subiect to the standards and limitations of must comply with the requirements of Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. 3. In Non-residential Zones, except for facia signs, no sign shall be located in the required front building setback area within 50 feet of a Residential Zone. 4. Facia signs located in Non-residential Zones and within 50 feet of a Residential Zone on the same side of the street shall not be placed on the wall of the building facing the Residential Zone. 14-58-4 Construction and Maintenance Re uirements A. Construction All signs, except for temporary signs, shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and loads as required by the Building Code. B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-10 Zones, the minimum clearance height is 8 feet. C. Maintenance All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that is changed manually Any sign may contain copy that is changed manually. 2. Copy that is changed electronically Signs where the copy is changed by electronic means are only allowed as specified below. a. The sign must be located in a Commercial Zone or the t1U Zone in a Public Zone. However, electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. On properties zoned Public. electronic chanqeable copy siqns are not allowed where said siqn would be visible from any adiacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI-1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. c. The changeable copy may not be animated (See definition of ANIMATED SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make use of the words, "stop," "go slow," "caution," "drive in," "danger," or any other word, phrase, symbol or character in such a way as to interfere with, mislead or confuse traffic. e. The sign must comply with the illumination standards as specified in the following subsection. f. In the MU, CO-l, CN-l, and CB-l0 Zones, electronic changeable copy is only allowed on a time and temperature sign (See definition of TIME AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. g. In Public Zones and in CH-l, CI-l, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide-base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On freestanding and freestanding wide-base signs the electronic changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. For monument signs the electronic changeable copy portion of the sign may not exceed 50 percent of the area of the sign face. h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time and temperature signs and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On monument signs the electronic changeable copy portion of the sign may not exceed 75 percent of the area of the sign face. Amendment #8: Clarification that requests for new access drives for historic properties must be reviewed by the Historic Preservation Commission. The ordinance already requires this review, because an access permit is considered a "regulated permit," but adding this language will be a flag to those that are issuing access permits. Amend paragraph 14-38-38-2, as follows: 2. For purposes of this Article, a material change is any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, includina construction of any new street access drives. Amend the definition of "material change" in Article 14-98, Historic Preservation Definitions as follows: MATERIAL CHANGE: any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, includina construction of any new street access drives. Amend 14-5C-3E as follows: E. ,II, CaFlificate af Al3l3rapriatanass isslJea BY tRa Histaric PreservatiaA Cemmissien Historic Review. as set forth in Article 14-8E of this Title. Historic Preservation Commission Approval Procedures, is required for any new access to property designated as an Iowa City Landmark or property located in a Historic or Conservation District. Amendment #9: Amend requirements for daycare uses to clarify parking and vehicular circulation requirements. Amend subparagraph 14-4B-4D-6d, Vehicular Circulation, as follows: d. Vehicular Circulation The drell eft .t lliGk !,Ill area far ti:1e !,Ise FR!,Ist lle desillned te aile..... fer 6!,1ftiGient staGkin!! silaGes leGated in J3rexiFRity te tl1e FRain entranGe. The use must provide a drop-off I pick-up area in a location that is convenient to or has aood pedestrian access to the entrance to the facilitv. This drop-off / pick-up area must contain sufficient stackina spaces and/or parkina spaces to ensure that traffic does not stack into adiacent streets or other public riahts-of-wav (See minimum parkina reauirements for Davcare in Table 5A-2). To promote safe vehicular circulation, one-way drives are encouraged. Amend Table 5A-2, Minimum Parking Requirements for all Zones, except CB-5 and CB-1O Zones, as follows: USE CATEGORIES SUBGROUPS Parking Requirement Bicycle Parking Institutional And Civic Uses Daycare 1 space per employee based on the maximum number ot employees at the site at anyone time ofus one 10% oarl<ina soace for each 10 children or clients served. based on the maximum number of children oresent on the site at any one time, plus one stacking space for each 20 children or clients served, based on the maximum number af clients or children oresent on the site at anv one time. Additional oarklna soaces at a ratio of 1/20 clients or children served mav be substituted for the stackina soaces. if the eitv determines that such an arranaement will not cause traffic to stack into adiacent streets or oublic riahts-of- 'tIM. Amendment #10: Setback requirements for educational facilities - Delete special setback requirements for educational facilities in zones where such uses are provisional. In these zones, the base zone setback requirements that apply to other non-residential uses would apply to religious/private group assembly uses. In addition, clarify that the Board of Adjustment may grant reductions to minimum setback requirements for religious/private group assembly uses in Single Family Zones, subject to the same special exception approval criteria that apply to setback reductions for other uses. Note that special setback requirements apply in single family residential zones to ensure adequate separation and privacy for adjacent single family homes. Amend 14-48-40-8 and 14-48-40-9 as follows: 8. General Educational Facilities in the RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. P1iAiffil:lffi SctbaEI15: (1) Front: 28 fEEt (2) Sielc: 28 feet (~) Rear: 58 feet d. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 9. General Educational Facilities in the RS-5, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. P1iAiffil:lffi Setl3acl15: The followinq setbacks are required in lieu of the setbacks soecified in the base zone. However. the Board of Adiustment mav reduce these setbacks. subiect to the aooroval criteria for setback adjustments as soecified in 14-2A-4B-5. Adiustments to Princioal Buildinq Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Educational Facility, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. Amendment #11: Setback standards for religious/private group assembly uses - Delete special setback requirements for religious/private group assembly uses in zones where such uses are provisional. In these zones, the base zone setback requirements that apply to other non-residential uses would apply to religious/private group assembly uses. In addition, clarify that the Board of Adjustment may grant reductions to minimum setback requirements for religious/private group assembly uses in Single Family Zones, subject to the same special exception approval criteria that apply to setback reductions for other uses. Note that special setback requirements apply in single family residential zones to ensure adequate separation and privacy for adjacent single family homes. Amend 14-48-40-13 and 14-48-40-14 as follows: 13. Religious/Private Group Assembly in the ID-RM, ID-C, RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. Religious Institutions in existence prior to 1963 that are located in the RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 are exempt from and may expand without compliance with the required number of parking spaces. c. Religious Institutions located in the PRM Zone that have parking areas that existed prior to March 1, 1992 and if such parking areas are within 300 feet of a Commercial Zone, the Religious Institution may lease up to and including 2/3 of the required parking spaces within said parking areas to other users. d. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use e. ~1iAiffil:Jffi Setl3acl(5: (1) FroAt: 28 f-cet (2) Giele: 28 feet (3) Rear: SO f-eet f. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 14. Religious/Private Group Assembly in the ID-RS, RS-5, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. ~1iAiffil:lffi Setl3acl5: The followina setbacks are reauired in lieu of the setbacks soecified in the base zone. However. the Board of Adiustment mav reduce these setbacks. subiect to the aooroval criteria for setback adiustments as soecified in 14-2A-4B-5. Adjustments to Princioal Buildina Setback Reauirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Religious/Private Group Assembly Use, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use is located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-26-6. Amendment #12: Permit requirements for retaining walls - To address an inconsistency between the Zoning Code and the Building Code, amend the zoning code so that retaining walls over 4 feet in height are required to obtain a permit. This is consistent with the requirement in the Building Code. Amend paragraph 14-4C-2L-1, as follows: L. Fences, Walls, and Hedges 1. Permit Required. A permit is required for all of the following: a. Electric fences; b. Barbed wire fences; c. Any fence or wall over 6 feet in height; d. Any retaining wall over 61 feet in height measured from the top of the footing to the top of the wall; and e. A retaining wall of any height that supports a surcharge or impounds flammable liquids. Amendment #13: Setback requirements for accessory buildings - The existing sentence structure may lead to confusion. This amendment will clarify the requirement. Amend 14-4C-3B-2c., as follows: c. Side and rear setback requirements (1) In Residential Zones (a) Along street-side lot lines, accessory buildings must comply with the front, principal building setback requirement. Along side or rear lot lines that are not street-side lot lines, accessory buildings must be set back at least 5 feet from the side or rear lot line. This 5-foot setback requirement may be reduced if an accessory building is set back at least 60 feet from the edge of the street pavement. In such cases, the building may be located within 3 feet of a side or rear property line, except !jaragcs aAcl carllsFts cAtcrecl clir-cetl'{ fFeffi aA alley. However. garages and carports entered directly from an alley must be set back at least 5 feet from the alley right-of- way line, regardless of how far back the structure is from the street. (b) A detached accessory building for a zero lot line dwelling must comply with the same side setback requirements as the principal dwelling. Amendment #14: Clarify standards for properties that are nonconforming with regard to parking requirements, landscaping and tree requirements, and outdoor lighting standards Amend subsection 14-4E-BB, Nonconforming Parking and Loading as follows: B. Nonconforming Parking and Loading 1. If a non-residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, only the number of spaces relating to the enlargement need to be provided. These soaces are in addition to anv soaces alreadv in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. 3. Any portion of a nonconforming parking area or loading area that is reconstructed or expanded, must be brought into compliance with all applicable construction, design, location, and screening and landscaping requirements. 4. Whenever a use or uses. which are located on a site that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, is are enlarged by less than 50 percent in total floor area on the orooertv. the property must be brought into compliance with the development standards listed below. a. Applicable perimeter parking lot landscaping and screening requirements; b. Any new parking area must meet all applicable construction, design, location, and landscaping requirements. 5. Whenever a use or uses. which are located on a orooertv that is nonconformina with reaard to the orovisions of Chaoter 5. Article A. Off-Street Parkina and Loadina Standards. is are enlarged by one or more additiefls times. the sum total of which increases the total floor area on the orooertv by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5A, Parking and Loading Standards, e)(Eept as alleweel in llaFa~FaIlR 1, abeve, and any applicable parking location and perimeter landscaping and screening requirements of the base zone, exceot as allowed in oaraaraoh 1. above. The Buildina Official mav modify or waive anv such reauirements that would necessitate movina buildinas or other permanent structures on the site. 6. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. b. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. Amend 14-4E-8D, Nonconforming Landscaping/Screening, and 14-4E-8E, Nonconforming Outdoor Lighting, as follows: D. Nonconforming Landscaping/Screening Whenever a use or uses, which are located on a orooertv that is nonconformina with reaard to the screening. landscaoina. and/or tree standards of this Title, are is enlarged By one or more times aaaitisAs, the sum total of which increases the total floor area on the orooertv by 10 percent or more, the property must be brought into full compliance with any applicable screening and landscaping requirements of the base zone and of Article 14-4B, Minor Modifications, Variances, Special Exceptions and Provisional Uses. In addition, such a property must be brought into full compliance with Street Tree and Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards. Rules governing the provision of trees and landscaping for nonconforming parking and loading areas are stated in subsection B, above, Nonconforming Parking and Loading. The City may waive any landscaping or screening requirement that cannot be met due to a conflict with any other requirement of this Title. Conflicts with non-required elements of a development do not qualify for this waiver. E. Nonconforming Outdoor Lighting 1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re- aim the existing fixture. 2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply with any applicable requirement that it be fully shielded. 3. Whenever a use or uses, which are located on a orooertv that is nonconforming with regard to the provisions of Article 14-5G, Outdoor Lighting Standards, is are enlarged by less than 50 percent in total floor area on the orooertv. any new outdoor lighting installed due to the enlargement must fully comply with the Outdoor Lighting Standards. Existing nonconforming lighting may remain, except as specified in paragraphs 1. and 2., above. 4. Whenever a use or uses. which are located on a orooertv that is nonconformina with reaard to the orovisions of Article 14-5G. Outdoor Liahtina Standards, is are enlarged By one or more times aaaitisAs, the sum total of which increases the total floor area on the orooertv by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5G, Outdoor Lighting Standards. Amendment #15 - Correct typos in names of zones in Table 56-1: Sign Specifications and Provisions in Residential Zones and the ID and OPDH Zones Amend Table 58-1 as follows: ',' ".' .:",'" _.., "..,..... ," .:"7"',,,.::..,.......:: Table 5B~1: Sign'SpeCific~tipns and Provisions in Residential~o:,~~s;,',anct~he 10 and OPD,tt' Zones '0',- .. .... '....0..-....... , ""'.: "'iii . ' ....',:'(l,:.",:t'. ",: ',., , . Maximum Height & Permitted Signs ,:;~one '" Maximum Sign :.\rea. ( , Special Provisions ID-RS, RR-1, RS-5, RS-8, RS-12, RNG 4 sq. ft, Max. Height: Top of first RNS-12 slory, Limited to identification Facia Sign' only, except as allowed for ID-RM, RM-12, RM-20, ~ RNS-20, Institutional Uses ~RM-44, PRM 12 sq, ft. Not allowed for Single Family and Two Family Uses. Max, Heighl: 5 ft Limited to identification ID-RS, RR-1, RS-5, RS-8, RS-12, RNG 12 sq, ft. per sign face. only, except as allowed for RNS-12 May be double-faced for a Institutional Uses. lolal area of 24 sq,[t Nol allowed for Single Family and Two Family Monumenl Sign' Uses. Max. Height: 5 ft Limited to identification ID-RM, RM-12, RM-20, RNG RNS-20, 24 sq. ft, per Sign face, only, except as allowed for RM-44, PRM May be double-faced for a Institutional Uses. lolal area of 48 sq,[t Not allowed for Single Family and Two Family Uses, Max. Height: Top of firsl slory ID-RS, RR-1, RS-5, RS-8. RS-12, RNG Limited to identification Awning Sign' RNS-12, ID-RM, RM-12, RM-20. RNG 12 sq, ft or 25% of awning only, except as allowed for RNS-20, RM-44, PRM surface, whichever is less Institutional Uses. Nol allowed for Single Family and Two Family Uses. ID-RS, RR-1, RS-5, RS-8, RS-12, RNG 2 sq ft, per face Directional signs RNS-12, ID-RM, RM-12, RM-20, RNG May be double-faced for -- RNS-20, RM-44, PRM lolal area of 4 sq, ft The sign must be a building Small ID-RS, RR-1, RS-5, RS-8, RS-12,-RNG sign, identification sign RNS-12, ID-RM. RM-12, RM-20, RNG 2 sq, ft, Up to one of these signs is RNS-20, RM-44, PRM allowed per building No permit is required ID-RS, RR-1, RS-5, RS-8, RS-12, RNG Up to one of these signs is Integral sign RNS-12, ID-RM, RM-12, RM-20, RNG 2 sq. ft allowed per building. RNS-20, RM-44, PRM No permit is required. ID-RS, RR-1, RS-5, RS-8. RS-12, RNG Public Flags RNS-12, ID-RM. RM-12, RM-20, RNG - No permit is required. RNS-20, RM-44, PRM , Only one sign is permitted; one facia sign, one awning sign, or one monument sign (See 14-5B-8A-1 .b.,above) Amendment #16 - Clarify that the Iowa City Arterial Street Map is based on the JCCOG Arterial Street Map Amend 14-5C-2E as follows: E. Arterial streets, as referenced in this Article, are those streets shown on the Iowa City Arterial Street Map in Figure SC.1, below, and include future arterial streets as shown on the map. Said maD is based on the JCCOG Arterial Street MaD. as amended. If the JCCOG Arterial Street MaD. as amended. conflicts with the Fiaure 5C.1. the JCCOG maD will sUDercede Fiaure 5C.1. Amendment #17 - Clarify that exemption in commercial zones applies to all tree requirements of Article 5E, Landscaping and Tree Standards, not just the street tree requirements. Amend paragraph 14-5E-2B-3, as follows: B. Exemptions The following are exempt from the requirements of this Article: 1. Any individual lot occupied by a Detached Single Family Dwelling or a Detached Zero Lot Line Dwelling, including Group Households, if located within such a dwelling. 2. Property in the 10 and CB-lO zones. 3. In Commercial Zones, property developed in accordance with the setback requirements of the base zone in such a manner that insufficient area is available to achieve compliance with the street tree reauirements of this Article: however, all trees that can be provided in compliance with the st:Feel: tFee-requirements must be provided. Amendment #18 - Clarify light trespass standard for required lighting at building exits so that the Zoning Code standard is consistent with the Building Code standard. Amend paragraph 14-5G-4C-4, as follows: 4. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-I, or CO-1. The Citv mav increase the maximum uo to 1.0 horizontal footcandles for Buildina Code reauired Iiahtina on buildinas located on or close to the orooertv line. However. Iiahtina must be located and shielded in a manner that will be least obtrusive to anv abuttina residential orooerties. Amendment #19 - Create exemption from the total outdoor light output standards for properties where the building coverage exceeds 80%. Amend 14-5G-5A and Table 5G-1, as follows: A. Maximum Outdoor Light Output 1. Total outdoor light outout defined The total outdoor light output on a property is the total amount of light, measured in initial lumens, from all bulbs used in outdoor light fixtures. It includes all lights and luminous tubing used for display lighting, general illumination, architectural/accent lighting, and lights used for external illumination of signs, but does not include lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb types that vary in their output as they age, such as high pressure sodium, fluorescent and metal halide, the initial lumen output, as defined by the manufacturer, is the value to be considered when calculating total outdoor light output. 2. Aoolicabilitv The total outdoor light output on any property that is subject to the provisions of this Article may not exceed the limits in Table SG-l, exceot for those that are exemoted in oaraaraoh 3. below and in Section 14-4G-7. The values in this table are upper limits and not design goals; design goals should be the lowest light levels that meet the requirements of the task. 3. Exemotions a. Seasonal decorations, permitted between Thanksgiving and the end of January, are not counted toward tAe:se liffiits the total outdoor Iiaht outout. b. In the E2 and E3 Districts. orooerties where the buildina coveraae is 80% or areater are exemot from the maximum total outdoor Iiaht outout standard. but are subiect to the limitation on unshielded fixtures. as stated in Table SG-l. below. B. Lighting Environment Districts All Residential, Commercial, Office, and Industrial Zones are grouped into three lighting environment districts that control lighting output on applicable lots in each zone. Uses, for which the lighting standards are applicable, located within the Public (P) Zone must comply with the lighting requirements of the adjacent zone; those on the border between two or more zones must comply with the standards of the strictest adjacent zone. Zones are grouped into the lighting environment districts as follows: 1. Low Illumination District, E1 Areas of low ambient lighting levels. This District includes single-family and low-density multi-family residential zones. This District applies to the following zones: ID-RS, ID-RM, RR-l, RS-S, RS-8, RS-12, RM-12, and RNS-12. 2. Medium Illumination District, E2 Areas of medium ambient lighting levels. This District includes higher density multi-family zones and lower intensity commercial and office zones. This District applies to the following zones: ID-C, ID-I, ID-RP, CN-1, CO-1, PRM, RM-20, RM-44, RNS-20, and MU. 3. High Illumination District, E3 Areas of high ambient lighting levels. This District includes higher intensity commercial, industrial, and research zones. This District applies to the following zones: CC-2, CH-1, CI-1, CB-2, CB-5, CB-10, 1-1, 1-2, RDP, and ORP. C. Measuring Total Outdoor Light Output 1. The maximums in Table 5G-1 are based on a calculation of initial lumens per net acre. The lot size less the total building coverage of the lot determines the number of net acres used for this calculation. 2. Lumen output from an under-canopy or under-eave light fixture mounted 15 or more feet from any edge of the eave or canopy will be measured at 0.5 its full value. Table 5Gi1:, M~iriluril~Outdoor LighlJO\ltp:ut Stanclardf~t~:, , ,;,~ , :" _, '-,i,' iV,';,;:).,''.'!!!;;]',-.;'-;, " !,:"',..", ,~'!f:~: f::\:!':;i " i','f ,',.: :.."d'$;'I\~&<:r>"i\- 100,000 200,000 10,000 10,000 Amendment #20 - Clarify how standards for architectural style will be administered for new two-family, multi-family and group living uses in the Central Planning District. Amend 14-28-6/-3, as follows: 3. Architectural style The purpose of requiring an architectural style is to ensure that the mass, roof form, window style and configuration, and the basic architectural details of a building are generally compatible with the historic character of the Central Planning District. rr6A'1 tAe street, New buildings should appear similar to a large house or a small historic apartment building. a. Anv buildina elevation that is within Dublic view (See definition of PUBUC VIEW. WITHIN), the fellewiAlfj aFCAit-eetl:JFaI eleFFleAts must be desianed in a manner that is consistent with a historic architectural style typical of residential buildings in the Central Planning District. However. buildina facades that are visible on Iv from Dublic allevs are not subiect to these standards. The aDDlicable architectural styles are as follows: Italianate: Queen Anne: Colonial Revival: Craftsman: Craftsman Bunaalow: American Foursauare: Prairie School: Period Revival: and Eclectic. The aDDlicant must indicate in detail how each of the followina architectural elements in the DroDosed buildina are consistent with one of these architectural styles as described in the Iowa City Historic Preservation Handbook. as amended. (1) Form and mass of the building; (2) Roof configuration and pitch; (3) 'NiAd6W Style and Dlacement ~att-erA of windows and doors; (4) Window and door trim, eave boards, frieze boards, and other trim; (5) Porch and entrance features; (6) Building details and ornamentation. b. Detailed information regarding historic residential building styles is available in the Iowa City Historic Preservation Handbook. The Design Review Committee and the Historic Preservation Commission will use this information as a means to evaluate new buildings in the Central Planning District. c. Alternative designs that have been prepared by a licensed architect may be acceptable and will be reviewed on a case-by-case basis. Amendment #21 - Clarify description of wholesales sales uses to distinguish more clearly from retail uses. Amend 14-4A-5G, Wholesale Sales Uses, as follows: G. Wholesale Sales Uses 1. Characteristics Firms that are orimarilv involved in the sale, lease, or rent of products priffiarily iFlteAaea fer to retailers; to industrial, institutional, or commercial business users: or to other wholesalers: or actina as aaents or brokers and buvina merchandise for or sellina merchandise to such individuals or comoanies. The l:Jses cffipl'lasizc SA sit'€: sales er eraer tal,iA!:J aAa elt-eFl iAEll:Jae aisplay areas. Businesses mayor may not be open to the general public, but sales to the general public are limited. Products may be picked up on site or delivered to the customer. 2. Examples Wholesale sales and rental of heavy trucks, machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; wholesalers of food, clothing, auto parts, and building hardware. 3. Accessory Uses Offices; products repair; warehouses; parking; minor fabrication services; repackaging of goods. 4. Exceptions a. Firms that engage primarily in sales to the general public or on a membership basis are classified as Sales-oriented Retail. b. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement. c. Wholesale plant or tree nurseries are classified as Agriculture. Amendment #22 - Change damage and destruction clause for nonconforming uses and structures to read "assessed" value instead of "replacement" value. Using the term "replacement" value rather than "assessed" value has been problematic. This became apparent after the recent tornado. It was difficult and sometimes costly for property owners to determine "replacement" value, because this value is not always available from the insurance company and is subject to widely varying estimates. Staff recommends returning to the wording used in the old code, "assessed value," which is a value that is much easier to determine. Amend 14-4E-5E, Damage or Destruction (of Nonconforming Uses), as follows: E. Damage or Destruction 1. Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the rej:)laecffieAt assessed value of the structure at t"'e tiffie ef Elaffia~e er Ele5l:rl:JetieR, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such damage occurred. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the rCj:)laeeffieRt assessed value of the structure at t"'e tiffie ef elaffia~c er ele5l:rl:JetieR, must revert to a conforming use. 3. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amend 14-4E-6C, Damage or Destruction(of nonconforming structures), as follows: E. Damage or Destruction 1. Any nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the fCl3laeelfteflt assessed value of the structure at tAt 8lfte ef elalfta!jt er ele~rI;lctiefl, may be restored to the same degree of nonconformity or less. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the structure may not be restored, except in compliance with the provisions of this Title. 2. Except for designated Historic Landmarks or key or contributing structures in a Historic Preservation Overlay Zone, a nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the fCl3laeelfteAt assessed value of the structure at the tilfte er elaffia!jt er elestfl:lctiefl, may not be restored except in compliance with the provisions of this Title. 3. A nonconforming structure that is a designated Historic Landmark or a key or contributing structure in a Historic Preservation or Conservation District Overlay Zone may be reconstructed upon its original foundation or the site of the original foundation regardless of the extent of the damages, provided it is reconstructed as nearly as possible to the original exterior design. A certificate of appropriateness from the Historic Preservation Commission is required prior to commencing reconstruction. 4. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amendment #23 - Clarify procedures for a fence permit Amend 14-88-4, Fence Permit, as follows: A. Permit Required Prior to construction of any of the following types of fences or walls, a fefl€e buildina permit must be obtained from the Department of Housing and Inspection Services. 1. Electric fences; 2. Barbed wire fences; 3. Any fence or wall over 6 feet in height; 4. Any retaining wall over 6 feet in height measured from the top of the footing to the top of the wall; and 5. A retaining wall of any height that supports a surcharge or impounds flammable liquids. B. Submittal Requirements 1. An application for a fefl€e buildina permit must be filed with the Department of Housing and Inspection Service on application forms provided the City. 2. Supporting materials must be submitted as specified on the application form. c. Approval Procedure 1. Upon receipt of a complete application the Building Official or designee will review said application for compliance with the standards and requirements for fences, walls, and hedges as set forth in Article 14-4C of this Title, Accessory Uses and Buildings. 2. The Building Official will issue the permit once it has been determined that all applicable provisions of Article 14-4C, Accessory Uses and Buildings, have been met. Amendment #24 - Clarify the definition of cottage industry deleting the term "on- site," because many retail businesses also conduct a significant amount of business from online computer sales. Amend the definition of Cottage Industry in Article 14-9A, as follows: COnAGE INDUSTRY: A firm that manufactures and/or assembles goods that are intended for SA site retail sales to the general public fer flcrssAal or I1susel1elel COASl:lfflfltioA. The goods may also be sold at wholesale to other outlets or firms, but OA site, retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. Amendment #25 - Amend definition of floor area to make it clear that the area of a garage is only excluded from calculation of floor area if it is a garage that is attached to the principal dwelling. Amend the definition of Floor Area in Article 14-9A, as follows: FLOOR AREA: The total area of all floors of a building, or a portion of a building, measured to the outside surface of exterior walls or to the center line of walls of attached buildings or uses. Floor area includes all space within the building, including space in the basement or cellar, if such space is used for a principal or accessory use. However, floor area does not include the area of ljaralj8s, porches, balconies and other appurtenances. When calculatina the floor area of a principal dwellina. the area of anv attached aaraae is excluded. Floor area of basements and cellars is excluded from the calculation of FAR (See FLOOR AREA RATIO). Amendment #26 - Clarify the definition of "grade." Amend the definition of Grade in Article 14-9A, as follows: GRADE (Adjacent Ground Elevation): The average point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building fer deterffiiRiR~ tAe sl;lildiR~ Aei~At ar Rl:JffiSer af starie5, the slope of the fill within 20 feet of the building shall not exceed 4 horizontal to one vertical or 25 percent. Amendment #27 - Clarify Sensitive Lands Definitions to be consistent with the text of the code. Amend the following definitions within Article 14-9E: SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a Level I or Level II Sensitive Areas Review seAsiti...c arcas everlay rezaAiA!l that delineates construction areas limits and designates protected sensitive areas and associated buffers within a planned development. LEVEL II SENSITIVE AREAS REVIEW SENEmvE AREJ!.S OVERlA'f ZONE: A planned development rezoning that is reauired orior to anv develooment activity that is not otherwise exemoted, on anv ~a tract of land that contains regulated sensitive features as specified in Article 14-51. Said rezonina requires the approval of a sensitive areas development plan, which delineates construction area limits and designates protected sensitive areas and their associated buffers on said tract. LEVEL I SENSITIVE AREAS REVIEW SENSITIVE AREAS SITE PLAN: An administrative review site fllaA of a sensitive areas develooment olan reauired orior to anv develooment activity that is not otherwise exemoted on orooertv that contains anv reaulated sensitive feature as soecified in Article 14-51. but for which a Level II Sensitive Areas Review is not reauired. far e!c,..c10fllTleAt OA a tFact af laAe! that elae:; Aat rC€juirc a seAsitive ar-eas averlay FezOAiA!l aAe! is Aat at1gerwisc cxeffiflt, Bl;lt '1,'19ic19 ceAl:aiAs seAsiti...c areas t19at warraAt pretectiaA I;IAe!er tl'lc provisiaAs af Articlc 11 51, SCAsitivc LaAe!S aAel FeatuFCS. Amendment #28 - Correct dimensional requirements table to reflect that the front setback coverage standard does not apply to nonresidential uses. This correction will make the table consistent with the text of the code. Amend Table 2C-2(b): Dimensional Requirements for the Mixed Use Zone (MU), as follows: Table 2C.2(b):Dimensional RequirementsfClr the Mix~d,U.$.eZone (MU) ....... .,', "," ,'MinhilumLot Requireni"nt$' Minl",ulIJ;Selbacks Building Bulk Zone! Total. Af.eai Mill;;; '::":A:'i,' " Total .' Front Use Area "Unit' Width Frllnti~. Front siil~(~ iRear Ht(ft,) Building Setback (s.l.) . (s.l,) , (ft.) (ft)' (ft,) (ft.) (ft.), " Coverage ' Coverage MU Detached SF and Detached 3,000 3,000 30 20 51156 5+22 20 35 50% 50% Zero Lot Line Two Family 3,600 1,800 45 20 5115' 5+22 20 355 50% 50% (Duplex) Attached SF 1,800 1,800 20128' 20 51156 0110' 20 35 50% 50% Multi-Family 5,000 1,800 45 20 51156 5+22 5+22 35' 50% 50% Group Living 5,000 See 45 20 5115' 5+2' 5+2' 355 50% 50% ArtAB Non-residential' nla 20 51156 5+22 5+22 355 50% W% none none nla Notes: nla 0 not applicable lNon~residenlial uses must comply with the standards listed in this table unless specified otherwise in 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 2 Minimum side setback is 5 feet for the firsl2 stories plus 2 feet for each additional story. For Detached Zero Lot Line Dwellings, see applicable setback regulations in 14-4B. 3 See applicable setback requirements in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses 4 Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are attached, lots must be 28 feet wide. 5 Maximum height is 35 feet. However, if any portion of a Two Family Use, Multi-Family Use, Group Living Use, or a Non-residential Use is located within 15 feet of a property that contains an existing Single Family Use or within 15 feel of a Single Family Zone boundary, then the portion of the building located within 15 feet of said property or boundary may not exceed 2-1/2 stories in height. 'Minimum principal bUilding setback is 5teeL Maximum principal building setback is 15teeL See 14-2C-9D, Maximum Setbacks, Amendment #29: Correction of maximum residential densities allowed in planned developments to match maximum residential density in the base zones. Amend Table 3A-1 as follows: Table 3A-1: Maximum Residential Densitv Underlvina Base Zone Dwellina units oer acre of net land area RR-1 1 RS-5 5 RS-8 8 RNS-12 8 RS-12 13 MU -1-1>-24 CO-1 15 CN-1 -1-1>-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. Amendment # 30: Clarify language in the code that refers to the vertical plane of a building versus the horizontal plane of a building. Amend paragraph 14-2B-6E-2 as follows: 2. In the Central Planning District The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the strcet facing, horizontal plane of anv street-facinq facade of the building is broken into horizontal modules that give the appearance of smaller, individual buildings (See Figure 2B.8, below) Each module must meet the following standards: a. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. b. Each module must have a corresponding change in the roofline. c. Each module must be distinguished from the adjacent module by at least one of the following means: (1) Variation in material colors, types or textures; (2) Variation in the building and/or parapet height; (3) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (4) Variation in window pattern. (5) Variation in the use of balconies and recesses. Figure 2B.8 - HerizentJ! Buildino modules that break ua the horizontal alane I--Module--l !--Existing--! rMOdu,e--J ~MOdulel New MF Building I--Module-~ f--Existing--l Within the subsection regarding standards for large retail uses, amend paragraph 14-2C- 6K-3, Building Details, as follows: 3. Building Details Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and provide a cohesive pattern to the building. Any building fa~ade that faces a public street or includes a public entrance shall include no less than three of the elements listed below. At least one of these elements shall rel'leat occur tlsrizoAtally alonq the vertical Diane of the buildinq. An examDle of a chanqe that occurs on the vertical Diane would be a chanqe from stone on the lower Dortion of the buildinq to stucco on the UDDer Dortion. All elements that occur alonq the horizontal Diane of the buildinq shall repeat at intervals of no more than 50 feet. These visual patterns must be cohesive with the articulation of the fa~ade. a. Color change b. Texture change c. Material module change d. Expression of an architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal or projection. Within the section regarding the site development standards in the CN-1 Zone, amend 14-2C-7M, Building Bulk and Articulation, as follows: M. Building Bulk and Articulation 1. The maximum length of any building wall is 270 feet. This standard applies whether the building contains a single business or multiple businesses or storefronts. 2. For buildings greater than 50 feet in width, the street faeiA~ horizontal plane of anv street-facina facade of the building must be broken into Roriz8Atal modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. In the section regarding site development standards in the CB-5 and CB-1O Zones, Amend 14-2C-BM, Building Articulation, as follows: M. Building Articulation 1. For buildings greater than 50 feet in width, the street faciA!! horizontal plane of anv street-facing facade of the building must be broken into l'lerizeAtal modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. Within the section regarding site development standards in the MU Zone, amend 14-2C-9G, as follows: G. Building scale for Multi-Family, Group Living, Commercial, and Civic/Institutional Buildings The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the street faeiA!j horizontal plane of anv street-facina facade of the building is broken into I9srizsA1:a1 modules that give the appearance of smaller, individual buildings. Each module must meet the following standards: 1. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. 2. Each module must have a corresponding change in the roofline. 3. Each module must be distinguished from the adjacent module by at least one of the following means: a. Variation in material colors, types or textures; b. Variation in the building and/or parapet height; c. Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; d. Variation in window pattern. e. Variation in the use of balconies and recesses. City of Iowa City MEMORANDUM September 15, 2006 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Proposed amendments to the Zoning Code Attached are three additional proposed amendments to the Zoning Code. Please add these to the list of amendments forwarded to you prior to your last meeting. The attached amendments include a correction of a cross reference to another section of the City Code regarding the fee schedule for zoning violations, a clarification of how taxi and limousine services would be classified under the zoning code, and revisions to the definitions of "yards," to address corner and double fronting lots. The definitions for the various yards are a bit difficult to figure out, so I have attached some illustrations. These will also be inserted into the code. Please note that only the underlined sections on the following pages represent new language. The language shown with strikethrough is proposed to be deleted. We have tried to provide enough of the surrounding code language to give you some context within which to understand the changes proposed, but everything that is not underlined or struck through is existing language in the code and will remain the same. Approved by: ~~-' Robert Miklo, Senior Planner Department of Planning and Community Development Amendment #31 - Amend general cross reference to fees for penalties to reflect the more specific fee schedule for zoning violations. Amend 14-7C-5A, Penalties, as follows: A. Penalties 1. The owner or manager of a building or premises in or upon which a violation of any provision of this Title has been committed or exists or the lessee or tenant of a building or premises in or upon which violation has been committed or exists or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation exists or who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Title may be found guilty of a simple misdemeanor or municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to the penalties provided therein specified in 1-4-2D. except for environmental infractions. which shall be subiect to the penalty for same as specified in 1-4- 28-2. as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. . Amendment #32 - Clarify use classification of taxi and limo dispatch services to make it clear that dispatch offices and the associated parking and stacking spaces are classified under the zoning code as "surface passenger services." These should be distinguished from the large storage lots used for vehicle fleets, which are classified as "warehouse and freight movement uses." Amend 14-4A-4/, Surface Passenger Services, as follows: I. Surface Passenger Services 1. Characteristics Passenger terminals for regional bus and passenger rail service; disoatch facilities for local taxi and limousine service. 2. Examples Regional bus and passenger rail depots; charter and rental bus services; disoatch facilities for local taxi and limousine services 3. Accessory Uses Offices; concessions; parking; maintenance and fueling facilities. 4. Exceptions Bus stations and park-and-ride facilities for local mass transit are classified as General Community Service Uses. Amend 14-4A-5E, Warehouse and Freight Movement Uses, as follows: E. Warehouse and Freight Movement Uses 1. Characteristics Firms involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. 2. Examples Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; talti fieet parking and dispatch; storaae lots for larae fleets of vehicles parking; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel, and other aggregate materials. 3. Accessory Uses Offices; fleet parking and maintenance areas; rail spur or lead lines; docks; and repackaging facilities. 4. Exceptions a. Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related Uses. b. Mini-warehouses are classified as Self-Service Storage. c. Disoatch facilities and accessorv oarkina areas for taxi and limousine services are classified as Surface Passenaer Services. Amendment #33 - Clarify the definitions of front yard, rear yard, and side yard to address corner or double fronting lots; add a definition of interior yard/courtyard to address lots with multiple buildings. Amend the definitians af front yard, rear yard, and side yard within Article 14-9A, General Definitians, as follows: YARD, FRONT: The area an a lat fraffi ene side lat line t-e anether side let line aA€I between the ffeAt-street-side lat IineW and a line drawn parallel to and flush with the plane af the front iillY...building fa~ade af g tAe principal building OR a let that faces a street-side lat line of the principal Building eR a let. On lats with multiple buildings. there is na front yard adjacent ta buildinas that are behind ar surraunded by ather buildings. such that there is na fa<;ade directly facina the street. YARDfCOURTYARD. INTERIOR: An apen area an a lat. which is baunded an at least three sides by the exteriar walls af ane ar mare buildinas and is nat apen taward a street-side lat line. An interiar caurtvard is nat a side yard. YARD, REAR: On an interiar lat. the rear yard is the area extending fram ane side lat line ta anather side lat line and between the rear lat line and a line drawn parallel ta and flush with the plane af the rear building fa<;ade(s) af the principal building(s) an a lat. On a carner lat. the rear yard is the area extending from the side lat line ta the front yard line that is appasite the side lat line and between the rear lat line and a line drawn parallel ta and flush with the plane af any buildina fa<;ade(s) af the principal building(s) that face a rear lat line. On a dauble franting lat there is na rear yard. YARD, SIDE: The area an a lat baunded by the side any fa~ade of the principal building that faces a side lat line an a let and tAe that same side lat line and excludina any area that is BetvJeCR the frant yard, and the rear yard, ar interiar eaurtvard. S ide yard STREET Interior Lot Rear Lot Line ) I Front Yard Line I Street Side Lot Line I- W w iii: ?- m STREET Comer Lot STREET Front Lot Line ) Side yard STREET Double-Frontage Lot STREET Front Lot Line Rea~lot line Interior Court Yard {AC. ~b Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING 37.92-ACRES OF LAND LOCATED ON NORTHGATE DRIVE FROM COMMERCIAL OFFICE (CO-1) AND INTERIM DEVELOPMENT-OFFICE RESEARCH PARK (10- ORP) TO RESEARCH DEVELOPMENT PARK (RDP) (REZ06-00023), WHEREAS, the applicant, Southgate Development Services, has requested a rezoning of property located on Northgate Drive from Commercial Office (CO-l) and Interim Development-Office Research Park (ID-ORP) to Research Development Park (RDP); and WHEREAS, the Planning and Zoning Commission found that the proposed RDP zone is compatible with the surrounding properties; and WHEREAS, the Planning and Zoning Commission found that the proposed rezoning is consistent with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reciassified from its current zoning classification of Commercial Office (CO-1) and Interim Development-Office Research Park (ID-ORP) to Research Development Park (RDP) is hereby approved: Lot 9 Highland Third Addition & that portion of the northwest quarter of the southeast quarter of Section 36, Township 80 North, Range 6 West of the 5"' P.M., excepting therefrom that portion platted as Highlander Development First Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 25, Page 52, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. 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 ,20_. MAYOR ATTEST: CITY CLERK Approved by !!~~ 7/:Z-7~~ PpdadminlordlREZ06-00023.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES; NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef .Wilbum First Consideration 10/17/2006 Vote for passage: AYlS: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published M~9 u r , \j"" ~ Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. 06-4240 AN ORDINANCE REZONING 7.61 ACRES OF PROPERTY LOCATED BOTH NORTH AND SOUTH OF STEVENS DRIVE BETWEEN GILBERT STREET, AND WATERFRONT DRIVE, FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2). (REZ06-00024) WHEREAS, the applicant, Williamson LLC, has requested a ~ezoning 7.61 acres of property located at Along Stevens Drive from Intensive Commercial (CI-1) to Community Commercial (CC-2) to allow a retail use; and WHEREAS, the applicant is supported in his request by a majority of neighboring property owners along Stevens Drive for a larger rezoning; and WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the South Gilbert Street Corridor for rezoning for office/retail uses; and WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies the South Gilbert Street Corridor as General Commercial in its "Future Land Use Scenario"; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reciassified from its current zoning classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved: 204 Stevens Drive: Lots 13 and 14 in Sand Lake Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 10, page 23, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. And, 215 and 265 Stevens Drive: Commencing at the southeast corner of Section 15, Township 79 North, Range 6 West of the 5th P.M., thence south 89"32' west 2599.28 feet to the point of beginning; thence north 89"22'49" west 500 feet, thence north 0"37'11" east 312 feet, thence south 89"22'49" east 442.41 feet to a point on the westerly right of way line of the present Sand Road (formerly known as the Burlington Road), thence southeasterly 69.62 feet along a 309.97 foot radius curve concave northeasterly along the westerly right of way line of said Sand Road, thence south 32"58'OS" east 34.31 feet along the said westerly right of way line of Sand Road to a point on the westerly right of way line of the Chicago, Rock Island & Pacific Railroad, thence south 1 "45'35" east 126.64 feet along the said right of way line of said Railroad, thence southerly 95.10 feet along a 1961.9 foot radius curve concave westerly along the westerly right of way line of said Railroad to the point of beginning. Except any part thereof platted as Sand Lake Addition pursuant to the platting proceedings recorded in Book 359, Page 190, Records of the Recorder of Johnson County, Iowa. Subject to sanitary sewer easements in favor of the City of Iowa City, Iowa, and other easements and restrictions of record. Also, the east 80 feet of Lot one (1) in Sand Lake Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 10, page 23, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. And, Ordinance No. 06-4240 Page 2 220 Stevens Drive: Lot Fifteen (15) in Sand Lake Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 10, Page 23, Flat Records of Johnson County, Iowa, subject to easements and restrictions of record. 238 Stevens Drive: Lot 3, re-subdivision of a portion of Government Lot 4, Section 15, Township 79 North, Range 6 West of the 5th P.M. according to the plat records of said re-subdivision recorded in Book 30, page 116, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa. City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. sed and approved this -1.!i..t.h. day of November. , 20~. MAYOR ATTEST: 'n1~ -k. <is!CVJJ CI CLERK Approved by /7 Ar~e~ If) /rzJ t?(j? Ppdaminlordlrez06-OOO24stevens dr aHemative.doc Ordinance No. Page -1- 06-4240 It was moved by Vanderhoef and seconded by Correia as read be adopted, and upon roll call there were: that the Ordinance AYES; NAYS; ABSENT; x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 1( 1( x x First Consideration 10/17/2006 Vote for passage; AYES:Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration ___u_ - - - ---- Vote for passage; Date published NoveKber 22, 2006 Moved by Vanderhoef, seccnded by Champion, 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 seccnd ccnsideration and vote be waived and th ordinance be voted upon for final passage at this time. AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. ~ ~ MEARDON, SUEPPEL is. DOWNER P.L.C. LAWYERS ROBERT N. DOWNER JAMES D. McCARRAGHER MARK T. HAMER THOMAS D. HOBART DOUGLAS D. RUPPERT TIMOTHY J. KRUMM WILLIAM J. SUEPPEL CHARLES A. MEARDON DENNIS J. MITCHELL DAVID J. BRIGHT PETER J. GARDNER ANNE E. DANIELS ANDREW J. HOSMANEK 122 SOUTH LINN STREET IOWA CrTY, IOWA 52240 -I 802 2431 CORAL COURT #5 CORALVILLE. IOWA 5224 1-2838 TELEPHONE: <3 I 9) 338--9222 rAX: (3 I g) 338-7250 WNW. MEARDONLAW. COM WILLIAM L MEARDON ( 1919-1997) OF COUNSEL: WilLIAM F. SUEPPEL MARGARETT. LAIN SON JEAN BARTLEY October 24, 2006 HAND DELIVERED ~2 ~ Marian Karr City Clerk Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240 '" :- .-rl ~-<., ""rj ,r", ,-""-~) "-_.../ '. , .";.. :-co. -;::- .-,> '....,! co Re: REZ06-00024 Dear Marian: I represent Williamson, L.L.c. My client has requested the rezoning of approximately 7.61 ac;res of ground located both north and south of stevens Drive between South Gilbert Street and Waterfront Drive from intensive commercial zone to community commercial zone (REZ06-00024). The first consideration of this request was passed by the City Council at its October 17 meeting. The purpose of this letter is to formally request that the second and third considerations of this request be accelerated/ collapsed into one final consideration by the Council. Thank you for your attention to this matter. DDR/tw cc: Bill Wittig Fe. D i . . ., C"t.(.(. u.~<-t.. ---~-----------~----------"-~,"--"."----,-_._-"-~_._".----"----"----.-- Prepared by Tim Hennes, Sr. Building Inspector; 410 E. Washington St., Iowa City, IA 52240; (319) 356-5122 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," TO ESTABLISH liCENSING REQUIREMENTS FOR THE PLANNING, LAYOUT, SUPERVISION AND INSTAllATION OF HEATING, VENTILATION, AIR CONDITIONING (HVAC), COMMERCIAL KITCHEN HOODS AND FOR DUCTED AIR HEATING AND COOLING INSTALLERS. WHEREAS, it is the public interest to have HVAC systems, commercial kitchen hoods and ducted air heating/cooling installed by certified installers; WHEREAS, the Board of Appeals concluded that it is important that the installation of HVAC systems, commercial kitchen hoods and ducted air heating/cooling be done by licensed installers; WHEREAS, to ensure professionalism and accountability, the City Council believes that it is in the best interest of the City of Iowa City to establish a licensing procedure for persons who plan, layout, supervise and install HVAC systems and commercial kitchen hoods and for persons who install ducted air heating/cooling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing," Section 1, entitled "License Required," is hereby amended by adding the following new subsections M, N, 0, and P: M. HVAC Master: No person shall undertake the planning, layout, supervision, or perform heating, ventilation, and air conditioning within the city, with or without compensation, unless the person holds a HVAC master license issued by the city. N. HVAC Residential: No person shall undertake the planning, layout supervision, or perform heating, ventilation, and air conditioning as regulated by the International Residential Code with or without compensation unless the person holds a HVAC residential license issued by the city. O. Commercial Kitchen Hood Installer: No person shall undertake the planning, layout supervision, or perform installation of commercial kitchen hoods as regulated by the International Mechanical Code with or without compensation unless the person holds a HVAC master or commercial kitchen hood license issued by the city. P. Ducted Air Heating and Cooling Installer: No person shall install heat and cooling ducts as regulated by the International Mechanical Code with or without compensation unless the person holds a HVAC master, HVAC residential or a Ducted Air Heating and Cooling Installer license issued by the city. 2. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing," Section 4, entitled "Licensing Standards," is hereby amended by re-designating subsections J and K as Nand 0 respectively and by adding the following new subsections J, K, L, and M: J. A HVAC Master license shall be issued to every person as follows: 1. From the effective date from the ordinance to December 31, 2008 to every person who meets the requirements of section 17-11-4K. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of two (2) years experience as a licensed HVAC Journeyman or HVAC Residential and successfully passes the examination approved by the Board of Appeals. K. HVAC Residential license shall be issued to every person as follows: 1. From the effective date of the ordinance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years full time experience as a HVAC installer with an established HVAC company. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of three (3) years experience as a HVAC installer with an established HVAC company, and successfully passes the examination approved by the board of appeals. L. A Commercial Kitchen Hood license shall be issued to every person as follows: 1. From the effective date of the ordinance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years experience as a commercial kitchen hood installer with an established HVAC or commercial hood installer company. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of three (3) years full time experience as a commercial hood installer with an established HVAC or commercial hood installer company, and successfully passes the examination approved by the board of appeals. _._._-_._-_.~--_..._--_._-_._- <-----_._----------_...---~--_.- Ordinance No. Page 2 M. A Ducted Air Heating/Cooling Installers license shall be issued to every person as follows: 1. From the effective date of the ordinance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years full time experience as a ducted air heating/cooling installer with an established HVAC company. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of three (3) years experience as a ducted air heating/cooling installer with an established HVAC company and successfully passes the examination approved by the board of appeals. 3. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing," Section 5, entitled "Reciprocal Licenses," is hereby amended by deleting the word "will" and substituting in lieu thereof the word "may" in the first sentence of subsections Band F. 4. Title 17, entitled "BUILDING AND HOUSiNG," Chapter 11, entitled "Licensing," Section 5, entitled "Reciprocal Licenses," is hereby amended by adding the following new subsections G, H, i, and J: G. A HV AC Master license may be issued to every person who demonstrates satisfactory completion of two (2) years experience as a licensed HVAC Journeyman or HVAC Residential and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. H. A HVAC Residential license may be issued to every person who demonstrates satisfactory completion of three (3) years experience as a HVAC installer with an established HVAC company and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. I. A Commercial Kitchen Hood Installers license may be issued to every person who demonstrates satisfactory completion of three (3) years full time experience as a commercial kitchen hood installer with an established HVAC or commercial kitchen hood company and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. J. A Ducted Air Heating/Cooling Installers license may be issued to every person who demonstrates satisfactory completion of three (3) years experience as a heating/cooling duct installer with an established HVAC company and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. 5. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing," Section 6, entitled "Reexaminations," is hereby amended by deleting Section 6 in its entirety and adding the following new Section 6: Any person who fails the journeyman plumber, master plumber, journeyman electrician, master electrician, fire alarm, fire sprinkler installer, fire sprinkler maintenance, residential HVAC, master HVAC, ducted air heating/cooling installer or gas pipe installer's examination may apply for reexamination at the next regularly scheduled examination. Any person who fails the sanitary sewer and water service installer's examination, the commercial kitchen hood installer's examination or the electrical home-owners exam must wait a minimum of thirty (30) calendar days before retesting. 6. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing," Section 7, entitled "License Renewals," is hereby amended by deleting Subsections A and B in their entirety and adding the following new Subsections A and B: A. License Expiration: Every license which has not previously been revoked shall expire on December 31 of each year. Renewal fees and reinstatement fees shall be as established by resolution of the city council. Any license that has expired may be reinstated within sixty (60) calendar days after the expiration date upon payment of an additional reinstatement fee. After the expiration of the sixty (60) calendar day period, no license obtained by municipal testing, shall be renewed except upon re-examination. Licenses obtained by an approved third party testing agency, shall be renewed for a period of five (5) years with the submittal of all required documentation, including current CEU's and payment of all back renewal fees from the time of the license expiration. After the five (5) years, no license shall be renewed except upon re-examination. B. Code Update Certificate: Prior to receiving any active master electrical, journeyman electrical, master plumbing, journeyman plumbing, master HVAC or residential HVAC license, each applicant shall complete an approved eight (8) hour code update class based on the changes in the most current edition of the code that the license is issued under. Prior to receiving an active fire sprinkler license each applicant shall complete eight (8) hours of continuing education of an approved update class in fire sprinkler installation. Update Ordinance No. Page 3 of the next licensing year. Documentation of completion must be submitted to the building official to accompany application for renewal. 7. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing," Section 10, entitled "Inactive License," is hereby amended by deleting Section 10 in its entirety and adding the following new Section 10: INACTIVE LICENSE: Any current electrical, plumbing, HVAC, fire alarm, fire sprinkler installer or fire sprinkler maintenance license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain the electrical, plumbing, HVAC, fire alarm, fire sprinkler installer or fire sprinkler maintenance license as current but will not be permitted to obtain an electrical, plumbing, or HVAC, fire alarm or fire sprinkler installer permit. The electrical, plumbing, HVAC, fire sprinkler installer or fire sprinkler maintenance license may be reactivated upon completion of an eight (8) hour code update class on the changes based on the most current edition of the electrical, plumbing, HVAC, fire sprinkler installer or fire sprinkler maintenance code, and payment of the full license fee for that year. To reactive fire alarm license, current NICET certification is required. The fee for an inactive license shall be set by resolution of city council. 8. Title 17, entitled "BUILDING AND HOUSING," Chapter 1, entitled "Building Code", Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designations and adding the following new provisions to be inserted numerically: Add the followina new section: 105.1.3 Licensing Requirement: See Section 17-11 entitled "Licensing" of the City Code. Add the followina new oaraaraoh 8 to section 105.3: 8. Insurance Required. Before any permit to perfonm HVAC or commercial kitchen hood work by a HVAC Master, a HVAC Residential, or a commercial kitchen hood installer may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The policy shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the policy by the insured or insurer. Add the followina new section: 106.1.4 Qualifications of Permittee: 1. A permit for work regulated by the mechanical and fuel gas portions of the International Residential Code may be issued to: a. any person holding a valid Master HVAC license issued by the City of Iowa City; or b. any person with 5 years full-time experience as an installer with an established HVAC company, and holds a valid Residential HVAC license issued by the City of Iowa City; or c. any HVAC company which employs a duly licensed Master HVAC holder on a full- time basis; or d. A permit may be issued to the owner of an existing owner-occupied single -family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this Article. 2. A permit may be issued for the installation of a boiler to any person who holds a master plumber licensed issued on or before December 31, 2006, or to a Master HVAC licensee tested over the "Master Mechanical" exam or the "HARV' exam. 9. Title 17, entitled "BUILDING AND HOUSING," Chapter 4, entitled "Mechanical Code," Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designations and adding the following new provisions to be inserted numerically: Add the followina new section: 106.1.1 Licensing Requirement: See Section 17-11 entitled "Licensing" of the City Code. Add the followina new section: 106.3.2 Qualifications of Permittee: 1. A permit may be issued to any person holding a valid master HVAC license issued by the City of Iowa City or to any HVAC company which employs a duly licensed master HVAC holder on a full-time basis. 2. A permit may be issued for the installation of commercial kitchen hoods to any person holding a valid master HVAC license or a Commercial Kitchen Hood license issued by _____M'_.._._~..____.._,..___~_________...._~_'_"_._______...__..". ._.__..__.,__~..________~_.__.._.w_..__.._____.__'"__._~__,__,___~__,'_"U'__ Ordinance No. Page 4 the City of Iowa City or to any HVAC company which employs a duly licensed master HVAC or commercial kitchen hood installer on a full-time basis. 3. A permit may be issued for the installation of a boiler to any person who holds a master plumber licensed issued on or before December 31. 2006. or to a Master HVAC licensee tested over the "Master Mechanical" exam or the "HARV' exam. Add the followina new section: 106.3.3 Insurance Required: Before any permit to perform HVAC or commercial kitchen hood work by a HVAC Master, a HVAC Residential, or a commercial kitchen hood installer may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The pOlicy shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the policy by the insured or insurer. 10. Title 17, entitled "BUILDING AND HOUSING,' Chapter 13, entitled "Fuel Gas Code", Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designations and adding the following new provisions to be inserted numerically: Add the followina new section: 106.1.1 Licensing Requirement: See Section 17-11 entitled "Licensing" of the City Code. Add the followina new section: 106.3.2 Qualifications of Permittee: 1. A permit may be issued to any person holding a valid master HVAC license issued by the City of Iowa City or to any HVAC company which employs a duly licensed master HVAC holder on a full-time basis. 2. A permit may be issued to any person holding a valid master plumber license issued by the City of Iowa City or to any plumbing company which employs a duly licensed master plumber on a full-time basis. Add the followina new section: 106.3.3 Insurance Required: Before any permit to perform HVAC or commercial kitchen hood work by a HVAC Master, a HVAC Residential, or a commercial kitchen hood installer may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The policy shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the policy by the insured or insurer. 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 effective January 1, 2007. Passed and approved this _ day of ,2006. MAYOR ATTEST: CITY CLERK Approved by ~~ (O'~<f---o(" City Attorney's Office SueIHVACLic Ord 2.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 11/14/2006 Vote for passage: AYES: Correia, Vanderhoef, Wilburn, Bailey, Champion. NAYS: O'Donnell, Elliott. ABSENT: None. Second Consideration Vote for passage: Date published .__.~.__~________________~_____._____ _ ___,___._~______.___'_.m_,_____.___.M...__ I ~ I ~~~~Ilf: "-" ..aalm~ ....... CITY OF IOWA CITY~ MEMORANDUM Date: November 6, 2006 Re: City Council Tim Hennes, Sr. Building Inspector HVAC Contractor & Commercial Kitchen Hood Installers Licensing To: From: After working with several heating, ventilation and air conditioning (HVAC) contractors and with cooperation of the Iowa City Area Home Builders Association (HBA), it was decided that it is important that the layout, supervision and installation of HVAC systems and commercial kitchen hoods be done by individuals certified through a licensing procedure. The City does not presently license persons who perform HVAC and commercial kitchen hood work. So, to ensure professionalism and accountability in the respective trades licensing is being proposed. Currently plumbers, electricians, sewer/water installers, fire alarm and fire sprinkler installers, and gas pipe installers are required to be licensed to perform work in Iowa City. When compared to other jurisdictions in Iowa that require contractor licensing, Iowa City is one of the few that does not require licensing of HVAC contractors. When compared to jurisdictions in Johnson County, Iowa City would be one of the first to implement this new requirement along with the City of Coralville who is also going through the adoption process. After contactors concerns were addressed and questions answered the Board of Appeals, at the September 23, 2006 meeting, unanimously approved a recommendation to Council adoption of an ordinance that requires licensing of the HVAC Trade. Cc: Doug Boothroy, Director, Housing and Inspection Services ~J ~ Prepared by: Eric Goers, Assl. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 06-4241 ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS"; AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," SECTION 1, ENTITLED "DEFINITIONS"; AMENDING TITLE 9, CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 3, ENTITLED "PARKING NOT TO OBSTRUCT TRAFFIC": AND AMENDING TITLE 9, CHAPTER 4, SECTION 10, ENTITLED "PARKING FOR LOADING AND UNLOADING" TO DEFINE AND ESTABLISH PASSENGER LOADING ZONES AND PENALTIES FOR VIOLATION OF SAID ZONES, WHEREAS, City Code Section 9-1-1 currently does not define "Passenger Loading Zones"; and WHEREAS, City Code Section 9-4-3 currently forbids noncommercial vehicles from standing, stopping or parking in any traveled lane of a roadway; and WHEREAS, current regulations only allow for enforcement of a violation every 30 minutes; and WHEREAS, City Code Section 3-4-8 sets the penalties for parking violations; and WHEREAS, the establishment of separate Passenger Loading Zones would allow drivers to drop off passengers at designated zones, both off-street and in selected sections of the traveled lanes of traffic; and WHEREAS, the establishment of Passenger Loading Zones also would serve to satisfy the requests of downtown restaurant owners for valet parking; and WHEREAS, it is in the best interest of the City to define Passenger Loading Zones and to regulate their use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 8, entitled "Parking Violations" is hereby amended by adding the following language under the heading of "Parking Violations": Parking in Passenger Loading Zone $10.00. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Definitions, Administration and Enforcement ofTraffic Provisions," Section 1, entitled "Definitions" is hereby amended by adding the following language: PASSENGER LOADING ZONE: Either of the following: (1) A space reserved for the exclusive use of vehicles during the loading and unloading of passengers and designated as such by an official traffic sign, or (2) A section of a traveled lane of a roadway immediately adjacent to an official traffic sign designating it as such. Valet Parking Zones shall be treated as Passenger Loading Zones. 3. Title 9, Chapter 4, entitled "Parking Regulations," Section 3, entitled "Parking Not to Obstruct Traffic" is hereby amended deleting Paragraph B, entitled "Commercial Districts," Subparagraph 1, entitled "Noncommercial Vehicles" in its entirety, and by substituting the following language: 1. Noncommercial Vehicles: In commercial districts, standing, stopping or parking in any traveled lane of a roadway by noncommercial vehicles is prohibited, except as allowed under 9-4-10(B). 4. Title 9, Chapter 4, Section 10, entitled "Parking for Loading and Unloading," Paragraph B, entitled "Parking in Passenger Loading Zones" by adding the following language: Any vehicle in a Passenger Loading Zone shall be attended by either a driver or valet at all times. 5. Title 9, Chapter 4, Section 10, is hereby amended by deleting Paragraph F, entitled "Enforcement" in its entirety, and by substituting the following language: Enforcement: It shall be unlawful and a violation of the provisions of this section for any owner or driver to permit a vehicle to remain in violation of this section. Every thirty (30) minutes that a vehicle remains in violation after the vehicle is initially cited shall constitute Ordinance No. 06-4241 Page 2 a separate and distinct offense. In the case of Passenger Loading Zones every ten (10) minutes that a vehicle remains in violation after the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such parking offense shall be provided in the schedule of fees set out in title 3, chapter 4 of this code. 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 effective upon publication. November ,2006. MAY R ATTEST:~~i!. ~ CITY CLERK .Z::- City Attorney's Office I t;(f; b ___~___..___....__M___'_'___'~'__'_'__"U_"._._.__._"_______~._~_,._.___.._..____...._____,.___._.___.._.,._-"" Ordinance No. 06-4241 Page ~ It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: O'Donnell that the Ordinance AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn y y x First Consideration 10/17/2006 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: Vanderhoef. ABSENT: None. Second Consideration ------- ----- Vote for passage: Date published November 22. 2006 Moved by Bailey, seconded by Correia, that the rule requiring ordinances to be considered and voted on for passage at two Cocncil meetings prior to the meeting at which it is to be finally nassed be suspended, the second consideration and vote be waived and the ordinance be ~oted upon for final passage at this ~ime. AYES: Elliott, O'Donnell, Wilburn, Bailey, Champion~ Correia. NAYS: Vanderhoef. ABSENT: None. I 11-14-06 8 I Mathew Chackalackal One Twenty Six 126 E. Washington St. Iowa City IA 52240 November 7, 2006 City Council Iowa City IA 52240 Subject: Expedite hearing on Ordinance regarding Valet parking on Washington St. Dear Members of the City Council, This letter is to request expediting the hearing on the aforementioned ordinance. With the imminent onset of winter and the shortage of parking in downtown Iowa City, passing the ordinance at the next council meeting will be a great help. I sincerely appeal to consider this request. Thank you and best regards, / Zt-..:a::- {".t~ ",t.,-,~(.___ ",./ Mathew Chackalackal Owner One Twenty Six ......, Q <= = cr- <:.0 ~ ..t,,_ :~.- C) Il ~ (-", I ~ ,,' ,~::j'~ -J i .il r'~' " ~~,:;: Il. C)~: N \...J <::::",/''-. ~ c.o) -...J <;i Prepared by: Eric Goers, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SC EDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 8, ENTITLED" ARKING VIOLATIONS"; AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHA TER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVIS NS," SECTION 1, ENTITLED "DEFINITIONS"; AMENDING TITLE 9, CHAPTER 4, ENTITLED "PARKI REGULATIONS," SECTION 3, ENTITLED "PARKING NOT TO OBSTRUCT TRAFFIC"; AND AM DING TITLE 9, CHAPTER 4, SECTION 10, ENTIT "PARKING FOR LOADING AND UNLOA ING" TO DEFINE AND ESTABLISH PASSENGE LOADING ZONES AND PENALTIES FOR VIOLA N OF SAID ZONES. WHEREAS, City Code ction 9-1-1 currently does not define "Passe er Loading Zones"; and WHEREAS, City Code Se ion 9-4-3 currently forbids noncom mercia ehicles from standing, stopping or parking in any trave d lane of a roadway; and WHEREAS, current reguiatio only allow for enforcement of a vi ation every 30 minutes; and WHEREAS, City Code Section -4-8 sets the penalties for parki violations; and WHEREAS, the establishment 0 eparate Passenger Loading ones would allow drivers to drop off passengers at designated zones, both ff-street and in selected s tions of the traveled lanes of traffic; and WHEREAS, the establishment of Pas nger Loading Zone also would serve to satisfy the requests of downtown restaurant owners for valet pa ing; and WHEREAS, it is in the best interest of the ity to define ssenger Loading Zones and to regulate their use. NOW, THEREFORE, BE IT ORDAINED BY HE TY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 3, entitled "Finances, Taxation and Fee ," hapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 8, title "Parking Violations" is hereby amended by adding the following language under the heading f "Parkl Violations": Parking in Passenger Loading Zone $10.00. 2. Title 9, entitled "Motor Vehicles and raffic," Chapter 1, entitled "Definitions, Administration and Enforcement of Traffic Provisions," Section ,entitled "Definition\: is hereby amended by adding the following language; ~ PASSENGER LOADING ZONE. Either of the following: ( A space reserved for the exclusive use of vehicles durin the loading and unloading passengers and designated as such by an official traffic s. n, or (2) A section of a traveled-Jane of a roadway immediately adjacent to an Icial traffic sign designating it as ~ch. 3. Title 9, Chapter 4, entitle "Parking Regulations," Section 3, entitla9 "Parking Not to Obstruct Traffic" is hereby amended dele. g Paragraph B, entitled "Commercial Districts," Subparagraph 1, entitled "Noncommercial Vehicl s" in its entirety, and by substituting the following language: 1. Noncommercial Ve icles: In commercial districts, standing, stopping or parking in any traveled lane of a ro way by noncommercial vehicles is prohibited, except as allowed under 9-4-10(B). , 4. Title 9, Chapter ,Section 10, entitled "Parking for Loading and Unloading," Paragraph B, entitled "Parking in Passenger ading Zones" by adding the following language: Any vehicle i a Passenger Loading Zone shall be attended by either a driver or valet at all times. 5. Title 9, Chapter 4, Section 10, is hereby amended by deleting Paragraph F, entitled "Enforcement" in its entirety, and by substituting the following language: Enforcement: It shall be unlawful and a violation of the provisions of this section for any owner or driver to permit a vehicle to remain in violation of this section. Every thirty (30) minutes that a vehicle remains in violation after the vehicle is initially cited shall constitute a separate and distinct offense. In the case of Passenger Loading Zones every ten (10) -'-'-'-~"-'-'--'----'---"--------'._~---~-'-~-~------~"----_._--,-,.--~-- minutes that a vehicle remains in violation after the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such parking offense shall be provided in the schedule of fees set out in titie 3, chapter 4 of this code. 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 Ordinancelas a whole or any ion, provision or part thereof not adjudged invalid or unconstitutional. TION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. / ,2006( MAYOR ATTEST: CITY CLERK 7ved by - { Dj/~C. City Attorney's Office N\k '1 !J \ Prepared by: Marian Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 06-4242 AN ORDINANCE AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY TO CORRECT MINOR ERRORS IN THE LEGAL DESCRIPTIONS OF THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY. WHEREAS, a discrepancy in the legal descriptions of precincts 16 and 25 have been identified; and WHEREAS, the map is correct and minor changes are needed to the legal descriptions; and WHEREAS, it is appropriate and in the public interest to revise the boundaries of Precincts 16 and 25 to reflect those changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Sections 1-9-3B(16) and 1-9-3B(25) of the Code of Ordinances of Iowa City are hereby amended by deleting said sections and adopting in lieu thereof the fOllowing: 16. Precinct 16: Beginning at the intersection of Muscatine Avenue and Dover Street; north on Dover Street to Perry Court; west on Perry Court to Meadow Street; north on Meadow Street to Friendship Street; east on Friendship Street to Kenwood; north on Kenwood to Court Street; east on Court Street to the east line of SW Y. 7-79-5, north to Iowa City corporate limits; fOllowing the Iowa City corporate limits east, north, east, south and west to Muscatine Avenue; west on Muscatine Avenue to the point of beginning. 25. Precinct 25: Beginning at the intersection of Court Street and Westminster Street; north on Westminster Street to Washington Street; west on Washington Street to Mt. Vernon Drive; north on Mt. Vernon Drive to Rochester Avenue; east on Rochester Avenue to the Iowa City corporate limits; east and south along the Iowa City Corporate Limits to the east boundary of the SW Y. of Section 7, Township 79 north, Range 5 west of the 5th Principal Meridian, south along said section line to Court Street; west on Court Street to the point of beginning. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 not 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. ad ,..- .;,--"",,,,- ( ~ f. ~gT"' MAYOR . ATTEST: ~~.J(. ~~ CITY LERK November ,2006. - ~vedby ~. ~ ~hr'L~ (0- 0'- 0(.. City Attorney's Office ppdadm/ordlamend-precincts-10.0B.doc Ordinance No. 06-4242 Page ~ It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: Correia that the Ordinance AYES: NAYS: ABSENT: x x X X Bailey Champion Correia Elliot! O'Donnell Vanderhoef Wilburn x X X First Consideration 10 / 1 7 /2 OC 6 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration --- - - - - - - - - - --- Vote for passage: Date published Nove~ber 22, 2006 Moved by Vanderhoef, seconded by Correia, 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 ccnsideration and vote be waived and the ordinance be voted upon for final passage at this time.. AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell.NAYS: None. ABSENT: None. Prepared by: Kathryn Johansen, City Manager's Office, 410 E. Washington Street, Iowa City, fA 52240; 319-356-5010 ORDINANCE NO. ORDINANCE AMENDING TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED "USE BY MOBILE VENDORS" BY AMENDING SUBSECTION A2(a) TO INCREASE THE NUMBER OF PERMITS ISSUED ON CITY PLAZA FROM FIVE TO SIX. ~ L.1L.I WHEREAS, Section 10-3-5 of the City Code allows five mobile vending carts on City Plaza; and WHEREAS, mobile vending enhances a pedestrian-friendly ambience in downtown Iowa City; and WHEREAS, it is in the best interest of the City to increase the number of mobile vendors on City Plaza from five to six; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 10, Chapter 3, Section 5, Subsection A, Paragraph 2a is amended by deleting it in its entirety and adding the following new paragraph 2a: No more than six (6) permits shall be issued each calendar year for the City Plaza and no more than two (2) permits shall be issued each calendar year for the 100, 200, and 300 blocks of Iowa Avenue. SECTION II. REPEALER. 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 of 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 effective after its final passage, approval and publication, as provided by the law. Passed and approved this _ day of ,20_. MAYOR ATTEST: CITY CLERK Approved by ~ ~ t('-1-0~ City Attorney's Office Mgr/ord/mobilevendor.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 11/14/2006 Vote for passage: AYES: Wilburn. NAYS: None. ABSENT: Second Consideration Vote for passage: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, None. Date published M+8 l ~ Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 06-4243 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "VEHICLES FOR HIRE" BY REPEALING SAID CHAPTER IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 2, ENTITLED "TAXICABS." WHEREAS, City Code section 5-2 establishes regulations for Vehicles for Hire; and WHEREAS, City Council wishes to update and enhance appearance and operation of such vehicles; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled 'Vehicles for Hire," is hereby amended by deleting it in its entirety and adding a new Chapter 2, entitled "Taxicabs" as follows: 5-2-1: DEFINITIONS: As used in this chapter, the following definitions shall apply: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport. APPLICANT: An individual or company wishing to operate as a taxicab within the corporate city limits. CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. DECAL: A license issued by the city clerk for each vehicle operated by a taxicab business. DRIVER: A person who is authorized by the city to drive a taxicab and has a valid driving badge. DRIVING BADGE: A card or badge issued by the city clerk to each driver authorized to operate a taxicab. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taxi meter. PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taxi meter. RATE CARD: A card containing the maximum fare rates then in force, and complaint procedure. STREET: Any street, alley, court, lane, bridge or public place within the city. TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. "Charter transportation" as defined in this section and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business. Ordinance No. 06-4243 Page 2 TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the City of Iowa City. TAXIMETER: An instrument or device attached to measure mechanically, electrically, or electronically the distance driven and the waiting time upon which the fare is based and converts them to monetary charges. 5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS. A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection A 1 of this section. 4. The signature of all persons with an ownership interest in the applicant. 5. Such pertinent information as the City may require. B. MINIMUM QUALIFICATIONS: Each taxicab business shall meet the following minimum requirements: 1. Provide a minimum of 2 qualified licensed taxicab drivers. 2. Provide a minimum of 2 qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle requirements of this Chapter. 3. Provide a certificate of liability insurance in accordance with this Chapter. 4. Meet all applicable zoning ordinance regulations and other city regulations. C. ISSUANCE OR DENIAL OF BUSINESS LICENSE. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chiefs Designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a license to conduct a taxicab business. D. DECALS 1. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the City Clerk on forms provided by the City. 2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the City Equipment Superintendent or Designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a decal for the taxicab. b. The decal shall be nontransferable as between vehicles and taxicab businesses. Ordinance No. 06-4741 Page 3 c. The refusal to issue a decal may be based on an adverse driving record, conviction of other crimes or when the applicant's prior experience demonstrates a disregard for the safety of others and/or a lack of responsibility. d. No decal shall be issued until at least 24 hours have passed since the filing with the City Clerk of a complete application for a decal. 5-2-3: LIABILITY INSURANCE REQUIREMENTS: A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insurance business in this state and be acceptable to the city. Each certificate shall list all vehicles licensed to the company. II is the ,responsibility of the company to file with the city clerk one certificate per company listing all vehicles. 2. Each certificate shall provide for ten (10) calendar days' prior written notice to the City Clerk of any nonrenewal, suspension, cancellation, or termination of the policy of insurance. 3. The minimum limits of such policy shall be determined by city council resolution. 4. The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The City Clerk shall immediately issue written notification of the revocation of all licenses .for the taxicab business and the vehicles covered by such insurance which is canceled or terminated. All decals must be returned to the City Clerk. Subsequent issuance of business licenses and decals will be in accordance with the terms of this Chapter and at the applicant's expense. 5-2-4: VEHICLE INSPECTION REQUIRED: A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current certificate of inspection issued by the City Equipment Superintendent or designee. Each vehicle governed by this article shall be subject to a semi-annual inspection. All inspections shall consist of the following: (1) All taxicabs shall be inspected for compliance with the requirements of this Chapter and the following: a. Exterior. Headlights, taillights, brake lights, directional signal lights, license plat lights, windshield, vent glasses, windshield wipers, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, hubcaps, bumpers, fenders, and attached lighted dome light, body and tires shall be inspected to ascertain that each is tunctioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior. The rear view mirror, steering wheel, foot brakes, parking brakes, seat belts, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, tree of tears, and that the trunk has sufficient space for passengers' luggage. B. The City Equipment Superintendent or designee or Police Chief or designee may require re- inspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the City Equipment Superintendent or designee or Police Chief or designee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness a new decal will be issued and charged as established by council resolution. Ordinance No. 06-4243 Page 4 5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED: No person shall operate a motorized taxicab on the streets of the city, no person who owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. 5-2-6: DRIVING BADGE REQUIREMENTS: A. Badge Required: No person shall operate a taxicab on the streets of the city, no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire unless the driver of such vehicle shall have first obtained and shall have then in force a driving badge issued by the city clerk. B. Application For Badge: Each person desiring to drive a taxicab shall file an application for a driving badge with the city clerk. Such application shall be verified under oath and shall furnish the following information: 1. The name and address of the person, and name of taxicab business. 2. The experience of the person in the transportation of passengers. 3. The person's record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record. 4. Motorized taxicab drivers shall possess a currently valid Iowa chauffeur's license. 5. Such further pertinent information as the city may require. C. Issuance Or Denial Of Driving Badge: 1. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chiefs Designee has determined that there is no information which would indicate that the issuance of such badge would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a driving badge. 2. The refusal to issue a driving badge may be based on an adverse driving record and/or conviction of other crimes or, in the case of a horsedrawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. D. Nontransferability: The badge shall be nontransferable as between persons and taxicab businesses. E. Badge To Be Displayed: Each person, while operating a taxicab in the city, shall prominently wear on the driver's person the driving badge showing the full name of the driver, the driver's photograph, and the taxicab company. The badge shall be provided by the city clerk. 5-2-7: RATES; HOURS; COMPLAINTS: A. Display Of Rate, Hour and Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a fare rate, hours of operation and complaint procedure card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the fare rate, hours of operation and complaint procedure card shall be filed with the City Clerk. Rates and hours of operation must be provided in accordance with the card on file with the City Clerk. 2. The fare rate, hours of operation and complaint procedure card shall contain the following language: "Complaints regarding this taxicab's compliance with applicable regulations may be directed to the Iowa City Police Department on the form available at the Department located at 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356-5275". Ordinance No. 06-4243 Page 5 5-2-8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of the owner or the operating company thereof on each side of the vehicle in letters at least two inches (2") in height. Pedicabs and horsedrawn vehicles may use lettering smaller than two inches (2"). Removable signs shall not be allowed. B. Lighted Dome: Every motorized taxicab shall have a lighted dome light attached to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. In the event the City Equipment Superintendent or designee determines that attachment of a dome to the exterior roof is not possible the City Equipment Superintendent or designee may approve an alternative placement. C. No Smoking. Passengers and drivers are not allowed to smoke in taxicab vehicles. Decals or signs must be conspicuously displayed on the inside of vehicles that read "NO SMOKING ALLOWED IN THIS VEHICLE." 5-2-9: VEHICLE STAND: A. Application For Use Of Stand: A taxicab business licensed pursuant to this Chapter may apply for the exclusive use of a designated parking space for its taxicabs. The location of a parking stand shall be determined and approved by the city manager, or designee, as provided in title 9 of this code. B. Fee: The city council shall determine by resolution the fee for a parking stand. C. Authorization: The city clerk shall authorize a parking stand after the location has been determined by the city manager, or designee, and after the applicant has paid the required fee to the city clerk. 5-2-10: TERMS OF DECALS AND BADGES; RENEWALS: A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driving badges shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. C. Decals shall be valid for 6 months. They shall commence on March 1 and September 1, or the date of issuance. They shall expire on the last day of February and the last day of August. D. Renewals shall follow the same procedure as set for initial issuance. E. Fees for licenses, decals and badges shall be set by resolution of the City Council. 5-2-11: HORSEDRAWN VEHICLES: A. Routes: A horsedrawn vehicle applicant must adhere to the routes specified in the application for a license. A new or temporary route must be filed with the city clerk before an applicant may use such route. B. Removal Of Animal Waste: 1. All horses pulling horsedrawn vehicles shall be equipped with adequate devices to prevent manure and other excrement from falling on the streets of the city. 2. Any excrement which falls on the city streets shall be removed immediately at the applicant's expense. 3. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or disposal. C. Animal Treatment And Health: 1. Treatment Of Animals: ---_._---_.__.__._--,._--------------_.._~-----_._------_._~,---_._.._,--_._-----_._---_.._.,..._._--'---_._--'-"--"-'-'~'------'-- Ordinance No. 06-4243 Page 6 a. Applicants shall assure adequate rest periods, feeding schedules, health and related animal performance and well being for each animal under the applicant's ownership, care or control. This responsibility shall include carriage load limits, hours of operation and daily hours of animal usage. b. The feeding of an animal drawing a horsedrawn vehicle from a feedbag or bucket along any street or alley is permitted so long as the animal is not permitted to graze. c. No animal shall be left unattended while in service. 2. Health Certificate: a. For each animal that will be pulling a horsedrawn vehicle, the applicant shall provide to the city clerk a certificate of soundness, issued by a veterinarian licensed by the state, finding each animal to be free from infectious disease, in good health and fit for hack and carriage service under this chapter. b. After initial inspection, each animal shall be reinspected at intervals of no more than six (6) months, and a certificate of soundness shall be issued by a veterinarian and filed with the city clerk in order for each animal to remain in service. D. Equipment Requirements: 1. Every horsedrawn vehicle shall conform to such requirements as may be imposed by state law with respect to equipment. 2. Each vehicle shall be equipped with rubber tires. 5-2-12: AIRPORT SHUTTLES: Airport Shuttles are exempt from the lighted dome requirement found at Sections 5-2-8(B) of this Chapter. 5-2-13: REVOCATION OF LICENSES AND PERMITS: License and permits issued under this chapter may be revoked as provided in section 5-1-5 of this title. 5-2-14: VIOLATIONS: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. 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 March 1, 2007. ~drprTra~of MAYOR ATTEST:~L;A~ J/. ~ CITY LERK / Novp..mhP..T ,2006. ~.~ City Attorney's ffice 11-& - o/" EMD/ordltaxicabs.doc Ordinance No. 06-4243 Page ---1- It was moved by ChamDion and seconded by as read be adopted, and upon roll call there were: Bailev that the Ordinance AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef .Wilbum x X X X X First Consideration 10/3/2006 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Second Consideration 10/17/2006 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published November 22. 2006 ~ 11.... Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICE SE REGULATIONS," CHAPTER 2, ENTITLED "VEH S FOR HIRE" BY REPEALING SAI CHAPTER IN ITS ENTIRETY AND REPLACING WITH A NEW CHAPTER 2, ENTITLED "TAX CABS." WHEREAS, City Code secti n 5-2 establishes regulations for Vehicles for Hire' and WHEREAS, City Council wi es to update and enhance appearance and op ation of such vehicles; and WHEREAS, it is in the best int rest of the City to adopt new regulations for taxicabs". NOW, THEREFORE, BE IT 0 AINED BY THE CITY COUNCIL OF T CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business a License Reguiations," Chapter ,entitled 'Vehicles for Hire," is hereby amended by deleting it in its en 'rety and adding a new Chapter ,entitled "Taxicabs" as foilows: 5-2-1: DEFINITIONS: As used in this chapter, the foilowing defin ions shail apply: AIRPORT SHUTTLE: A vehicle furnished 'th a driver that rries passengers for hire exclusively on a route that either starts at or ends at the East n Iowa Airpo or the Quad Cities Airport. APPLICANT: An individual or company wishing to oper as a taxicab within the corporate city limits. CHARTER TRANSPORTATION: A vehicle furni e with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a writ contract with reservations at least twenty four (24) hours in advance of the service. The vehicle iI operate without a meter instailed and charge for services on an hourly basis or longer periods 0 im DECAL: A license issued by the city clerk fo each ve 'cle operated by a taxicab business. DRIVING BADGE: A card or badge is ed by the city cler to each driver authorized to operate a taxicab. HORSEDRAWN VEHICLE: Any hicle operated or puil d by a horse, furnished with a driver and carrying passengers for hire withi the city, and operates wit ut a taxi meter. , PEDICAB: A vehicle propeiled xclusively by human power thr ugh a belt, chain or gears, having two (2) or more wheels, furnished Ith a driver and carrying passen ers for hire. It shail be equipped with properly functioning front a rear lights for nighttime operation, ight and left rearview mirrors and right and left turn signals, and 0 erates without a taxi meter. RATE CARD: A card to"tJe displayed in each vehicle for hire contai . g the maximum fare rates then in force, and complaint prpcedure. , STREET: Any streeVailey, court, lane, bridge or public place within the ci . TAXICAB: Ail ve~es furnished with a driver that carry passengers for hire not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. harter transportation" as defined in this section and a vehicle owned or operated by any governmental en' that provides public transportation are not taxicabs. TAXICAB SERVICES: Ail activities conducted as part of or in furtherance of a taxicab business. Ordinance No. Page 2 TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the City of Iowa City. TAXIMETER: An instrument or device attached to measure mechanically, electrically, or electronically the distance driven and the waiting time upon which the fare is based and converts them to n;1onetary charges. 5-2-2: TAXICAB BUSINESS LICENSE' EHICLE DECALS. 2. The experience of the applicant in t e transportation of passengers. 3. The record of convictions of misdem nors and/or felonies, including m ing and nonmoving traffic violations, and certified state of Iowa c 'minal history and certified sta of Iowa driver's record for each person identified in subsection A 1 0 this section. 4. The signature of all persons with an ow ership interest in the ap' 5. Such pertinent information as the City m y require. A. APPLICATION: Each applicant or a taxicab business license shall file an application ith the City Clerk on forms provided by the City, ich shall be verified and shall furnish the following i ormation: 1. The name and address of eac person with an ownership interest in the c operate a taxicab business. 1. Provide a minimum of 2 qualified licensed 2. Provide a minimum of 2 qualified licensed xicab v icles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must omply Ith the vehicle requirements of this Chapter. 3. Provide a certificate of liability insurance in c rdance with this Chapter. 4. Meet all applicable zoning ordinance regul ons and other city regulations. et the following minimum requirements: B. MINIMUM QUALIFICATIONS: Each taxicab C. ISSUANCE OR DENIAL OF BUSINESS LI ESE. If the City Clerk finds that the applicant has fully complied with the requirements of this ha er and the Police Chief or Chiefs Designee has determined that there is no information ich w uld indicate that the issuance of the license would be detrimental to the safety, heaith or well re of re idents of the city, the City Clerk shall issue a license to conduct a taxicab business. D. DECALS / 1. Application Forms: Each ap~ltnt shall also fil an application for a decal for each taxicab with the City Clerk on forms provided bVhe City. 2. Attachment Of Decal: No t icab shall be opera d on any street within the city unless a decal has been issued by the city cler . The decal shall be a ached to the lower corner of the front windshield on the passenger side. Ped' abs or horsedrawn ve 'cles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial 0 Decal; Nontransferability: a. If the City Clerk nds that the applicant has fully om plied with the requirements of this Chapter and the City Equipment Superintendent or Designee etermines that there is no information which would indicate that issuance of the decal would be trimentalto the safety, health or welfare of residents of the city, the City Clerk shall issue a decal r the taxicab. b. The decal shall be nontransferable as between vehicle and taxicab businesses. Ordinance No. Page 3 c. The refusal to issue a decal may be based on an adverse driving record, conviction of other crimes or when the applicant's prior experience demonstrates a disregard for the safety of others and/or a lack of responsibility. d. No decal shall be issued until at least 24 hours have passed since the filing with the City CI of a complete application for a decal. A. Requirements: 1. As a condition to receiving ataxic b business license or a vehicle decal, the ap . ant shall file with the city clerk evidence of liability in urance coverage via a certificate of insu nee which shall be executed by a company authorized 0 do insurance business in this state a be acceptable to the city. Each certificate shall list all ve icles licensed to the company. It i the responsibility of the company to file with the city clerk one ertificate per company listing all v icles. 2. Each certificate shall provide for ten 10) calendar days' prior writ n notice to the City Clerk of any nonrenewal, suspension, cancellation, termination of the policy insurance. 3. The minimum limits of such policy sha be determined by c. council resolution. 4. The cancellation or other termination of any insura ce policy or certificate shall automatically revoke and terminate the licenses issued r the taxic business and the vehicles covered by such insurance policy, unless another policy, co plying w. this chapter, shall be provided and in effect at the time of such cancellation or termination. The . y Clerk shall immediately issue written notification of the revocation of all licenses for the taxic b siness and the vehicles covered by such insurance which is canceled or terminated. All decals t be returned to the City Clerk. Subsequent issuance of business licenses and decals will be i ccordance with the terms of this Chapter and at the applicant's expense. 5-2-4: VEHICLE INSPECTION REQUIRE : A. Each applicant for issuance or re wal of a ta icab decal shall submit with the application a current certificate of inspection issued by the ity Equipme t Superintendent or designee. Each vehicle governed by this article shall be subject to ami-annual insp ction. All inspections shall consist of the following: (1) All taxicabs shall be i pected for complia ce with the requirements of this Chapter and the following: a. Exterior. Headlight , taillights, brake lights, di ectional signal lights, license plat lights, windshield, vent glasses, windshield Ipers, all other vehicle glas , glass window raisers, doors and door locks, trunk lid, trunk hood, and int ior door handles, exhaust s stem, splash shields, hubcaps, bumpers, fenders, and attached lighted me light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxica shall be maintained in a reason bly clean condition. There shall be no tears or rust holes in the vehicle ody and no loose pieces such as enders, bumpers or trim hanging from the vehicle body. There shall e no unrepaired body damage whi would create a safety problem or interfere with the operation of t e vehicle. b. Interio The rear view mirror, steering wheel, fo t brakes, parking brakes, seat belts, passenger interior light nd air conditioning and heating systems shall be inspected to ascertain that each is functioning operly. The upholstery, floor mats, head linin ,door paneis and the trunk compartment shall be inspecte to determine whether they are clean, free of tars, and that the trunk has sufficient space for passenger. ' luggage. B. The ity Equipment Superintendent or designee may req ire reinspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicl is determined by the City Equipment Superi tendent or designee not to be mechanically fit, the cal shall be confiscated by poiice and returnee to the city clerk. After reinspection and determination at the vehicle meets the standards of mechanical fitness a new decal will be issued and charged as esta lished by council resoiution. Ordinance No. Page 4 5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED: No person shall operate a motorized taxicab on the streets of the city, no person who owns or cont ols a motorized taxicab shall permit it to be so driven, and ng motorized taxicab licensed by the city shall b so driven for hire unless the driver of such motorized "icle shall have first obtained and shall have the in force a chauffeur's license issued under the provo ions of the code of Iowa, as amended. 5-2-6: DRIVING BADGE REQUIREMENTS: A. Badge ReqUired: No person shall operate taxicab on the streets of the city, no perso ho owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the city shal e so driven at any time for hire unless the driver of such vehic shall have first obtained and shall h e then in force a driving badge issued by the city clerk. B. Application For Badge: Each person desiring to drive a vehicle for hire sh file an application for a driving badge with the city clerk. Such applicati n shall be verified unde oath and shall furnish the following information: 1. The name and address of the person, and na e of taxicab bus. ess. 2. The experience of the person in the transport tion of pass gers. 3. The person's record of convictions of mis nonmoving traffic violations, and certified state driver's record. emean s and/or felonies, including moving and criminal history and certified state of Iowa 4. Motorized taxicab drivers shall possess a curr tiy valid Iowa chauffeur's license. 5. Such further pertinent information as the c. C. Issuance Or Denial Of Driving Badge: 1. If the City Clerk finds that the ap Icant has full complied with the requirements of this Chapter and the Police Chief or Chiefs D Ignee has dete mined that there is no information which would indicate that the issuance of su badge would b detrimental to the safety, health or welfare of residents of the city, the City CI shall issue a drivin badge. 2. The refusal to issue a dri . g badge may be based on an adverse driving record and/or conviction of other crimes or, in the ase of a horsedrawn ve icle operator, failure to demonstrate ability to control the animal and v icle in traffic. D. Nontransferability: Th badge shall be nontransferable s between persons and taxicab businesses. E. Badge To Be Displ yed: Each person, while operating a taxicab in the city, shall prominently wear on the driver's person th driving badge showing the full name the driver, the driver's photograph, and the taxicab company. T badge shall be provided by the city cle A. Display Of ate, Hour and Complaint Procedure Card: , , 1. Each axicab shall have prominently displayed a fare rate, hours of operation and complaint proced e card visible to all passenger seats, and each driver shall provide a copy of said card to a passe er, when requested. A copy of the fare rate, hours of operation and complaint procedure card shall filed with the City Clerk. Rates and hours of operation must be provided in accordance with the ca on file with the City Clerk. 2. The fare rate, hours of operation and complaint procedure card shall contain the following language: "Complaints regarding this taxicab's compliance with applicable regulations may be directed to the Iowa City Police Department on the form available at the Department located at 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356-5275". Ordinance No. Page 5 5-2-8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of the owner or the operating company thereof on each side of the vehicle in letters at least two inches (2") in height. Pedicabs and horsedrawn vehicles may use lettering smaller than two inches (2"). Removable signs shall not be allowed. B. Lighted Dome: Every motorized taxicab shall have a lighted dome light attached to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front back of the vehicle. In the event the City Equipment Superintende Lor designee determines that att hment of a dome to the exterior roof is not possible the City Eq Ipment Superintendent or designee m approve an alternative placement. C. No Smoking. Passengers and drivers are not 1I0wed to smoke in taxicab vehic s. Decals or signs must be conspicuously displayed on the inside of v icles that read "NO SMOKIN ALLOWED IN THIS VEHICLE." 5-2-9: VEHICLE STAND: A. Application For Use Of Stand: A taxicab business icensed pursuant this Chapter may apply for the exclusive use of a designated parking space for its t xicabs. The io tion of a parking stand shall be determined and approved by the city manager, or desig ee, as provi d in title 9 of this code. B. Fee: The city council shall determine by resolution t B. Driving badges shall be valid for a period of chauffeur's iicense if under one year. after the location has been determined by paid the required fee to the city clerk. C. Authorization: The city clerk shall authorize a parking sta the city manager, or designee, and after the applicant h 5-2-10: TERMS OF DECALS AND BADGES; RENEW A. Taxicab business licenses shall be valid for one ear. They shall commence on March 1 or the date of issuance, and shall expire on the last day of Febr ary. date of issuance or the remaining period of C. Decals shall be valid for 6 months. Th shall commen on March 1 and September 1, or the date of issuance. They shall expire on the last y of February an the last day of August. D. Renewals shall follow the same pro dure as set for initial issuance. E. Fees for licenses, decals and bad es shall be set by resolu 'on of the City Council. 5-2-11: HORSEDRAWN VEHICL A. Routes: A horsedrawn vehi e applicant must adhere to th routes specified in the application for a license. A new or temporary r ute must be filed with the city lerk before an appiicant may use such route. B. 1. All horses pulling h rsedrawn vehicles shall be equipped wit adequate devices to prevent manure and other excrement rom falling on the streets of the city. 2. Any excrement hich falls on the city streets shall be rem ved immediately at the applicant's expense. 3. All animal was for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or isposal. C. Animal Treatment And Health: 1. Treatment Of Animals: Ordinance No. Page 6 a. Applicants shall assure adequate rest periods, feeding schedules, health and related animal performance and well being for each animal under the applicant's ownership, care or control. This responsibility shall include carriage load limits, hours of operation and daily hours of animal usage. b. The feeding of an animal drawing a vehicle for hire from a feedbag or bucket along any street or alley is permitted so long as the animal is not permitted to graze. c. No animal shall be left unattended while in service. 2. Health Certificate: a. For each animal that will be pulling a horsedrawn vehicle, the applicant shall provide to the city clerk a certificate of soundness~'issued by a veterinarian licensed by the state, finding each animal to be free from infectious diseas , in good health and fit for hack and carriage service under this chapter. . b. After initial inspection, each anirrtal shall be reinspected at intervals of no more than six (6) months, and a certificate of soundness shall be issued bY a veterinarian and filed with the city clerk in order for each animal to remain in service. D. Equipment Requirements: , 1. Every horsedrawn vehicle shall conform to SUCh/requirements as may be imposed by state law with respect to equipment. I 2. Each vehicle shall be equipped with rubber ti'r~s. 5-2-12: AIRPORT SHUTTLES: Airport ShuttleS are exempt from the lighted dome requirement found at Sections 5-2-8(B) of this Chapter. / I 5-2-13: REVOCATION OF LICENSES ANI/PERMITS: License and permits issued under this chapter may be revoked as provided in section 5-1-5 of this title. ! 5-2-14: VIOLATIONS: , Any violation of this chapter shall;be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of ,lOis Code. . j SECTION II. REPEALER. A~/ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. I . SECTION III. SEVERABILrvY. If any section, provision or part bf the Ordinance shall be adjudged to be invalid or unconstitutional, suct;J adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part ther~f not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effec't March 1,2007. I \ I \ Passed and approved tiS _ day of ,200 . ~. MAYOR ATTEST: CITY CLERK A~OVed by 0J.vc ~_ IV ~/(, ~ Of. City Attorney's Office EMD/ord/taxicabs.doc