HomeMy WebLinkAbout2006-11-28 Ordinance
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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 Title 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 III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this _ day of , 20_.
ATTEST:
CITY CLERK
Approved by
L~ 16/~llac
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 ] 1/1 4/7006
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 11/28/2006
Voteforpassage:AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia.
NAYS: Elliott. ABSENT:None.
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:
De/ete 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-7/, 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-BG-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.
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 ofthis
Article may be granted. The Director of Planning and Community Development will
determine whether the proposed features are appropriate in design and location. Decisions
of the Director may be appealed to the Board of Adjustment. Bonuses allowed are
enumerated in Table 2C-4.
Amendment #3:
Delete 14-4A-4H-4h.
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 ~ 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 SAA, 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
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
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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.
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 14-5B-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:
14-5B-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 BC,
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 lime 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.
14-5B-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-lO 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 l4-9C, 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 ofthe 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:
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 I pick-up area
must contain sufficient stacking spaces andlor parking spaces to ensure that traffic
does not stack into adjacent streets or other public rights-ot-way (See minimum
parking requirements for 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 all Zones, except CB-5 and CB-10 Zones, and substitute in lieu
thereof'
USE CATEGORIES SUBGROUPS Parking Requlrement~ Bicycle
Parking
Institutional And Civic U.e.
Daycare 1 space per employee based on the maximum number
of employees at the site at anyone time plus one 10%
parl<ing space for each 10 children or clients served,
based on the maximum number of children present on
the site at anyone time, plus one stacking space for
each 20 chiidren or clients served, based on the
maximum number of clients or children present on the
site at anyone time, Additional parl<ing spaces at a
ratio of 1/20 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 rights-of-
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 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 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 14-26-6.
Amendment #11 :
Delete 14-48-40-13 and 14-48-40-14 and substitute in lieu thereof:
13. Religious/Private Group Assembly in the ID-RM, ID-t, 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 I, 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 ID-RS, RS-S, 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 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 measuresto
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-BB, 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-BD, Nonconforming Landscaping/Screening, and 14-4E-BE,
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. 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 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'
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12,
ID-RM, RM-12, RM-20, RNS-20, RM-44,
PRM
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12,
ID-RM, RM-12, RM-20, 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)
Facia Sign'
Monument Sign'
Awning Sign'
Directional signs
Small
identification sign
Integral sign
Public Flags
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12
ID-RM, RM-12, RM-20, RNS-20, RM-44,
PRM
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12
ID-RM, RM-12, RM-20, RNS-20, RM-44,
PRM
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12,
ID-RM, RM-12, RM-20, RNC RNS-20, RM-
44, PRM
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12,
ID-RM, RM-12, RM-20, RNS-20, RM-44,
PRM
ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12,
ID-RM, RM-12, RM-20, RNS-20, RM-44,
PRM
4 sq. ft.
12 sq. ft
12 sq. ft. per sign face.
May be double-laced for a
total area of 24 sq.ft.
24 sq. ft. per sign face.
May be double-faced for a
tolal area of 48 sq.ft.
12 sq. ft. or 25% of awning
surface, whichever is less
2 sq. ft. per face
May be double-faced for
total area of 4 sq. ft.
2 sq. ft.
2 sq. ft
Max. Height: Top of first
story.
Limited to identification
only, except as allowed for
Institutional Uses.
Not allowed for Single
Family and Two Family
Uses.
Max. Height: 5 ft
Limited to identification
only, except as allowed for
Institutional Uses
Not allowed for Single
Family and Two Family
Uses,
Max. Height: 5 ft
Limited to identification
only, except as allowed for
Institutional Uses.
Not allowed for Single
Family and Two Family
Uses.
Max. Height: Top of first
story
Limited to identification
only, except as allowed for
Institutional Uses.
Not allowed for Single
Family and Two Family
Uses.
The sign must be a building
Sign.
Up to one of these signs is
allowed per building.
No permit is required
Up 10 one of these signs is
allowed per building.
No permit is required.
No permit is required
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 5C.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
5C.l, the JCCOG map will supersede Figure 5C.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 10 and C8-1O 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-l, 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 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. 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-1, 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-1, 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, IO-RM, RR-1, 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: IO-C, 10-1, 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-lO, 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,
t~_?fj5W_';_:'} ~::::',;/~',~.~n"t;1t"~<}-w~y;,;_,s3! '
Medium A"lbient UghtingHigh Ambient Lighting
:lin initiallul11~ns per acie) (in initial lumens per acre)
Maximum T9\al, i)yt9oor' ,
Light I)utpul (inciuding both 50,000
'fully ~hi~I~~ ~n~~g~hie!d~
fixtures) ',' "c'":,, ','.<< .
Maximum Outds><5rUght:; , .
Outpulfroffi'O~'shieldea.' 4.000
fixt~t~' _::it~{;;i;<?~-}?~;:~y:;fiPJ:
100,000
200,000
10,000
10,000
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.
.___._..__._._~~~~_____.____.,.__._ _.__..____~___,_._._,_.___ .__.__....__.m.____'_ _~____.___.~. ... _._..____."._._._.__~ "~ -. -----.-.-,---..-.-.----...-..---.----...---~-.--..-.-
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 75
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 litle.
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 assessed value of the
structure, may not be restored except in compliance with the provisions of
this litle.
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 Delached SF
and Delached 3,000 3,000 30 20 5115' 5+22 20 35 50'% 50%
Zero Lol Line
Two Family 3,600 1,800 45 20 51156 5+22 20 355 50% 50%
(Duplex)
Attached SF 1,800 1,800 20128' 20 5/15' 0/10' 20 35 50% 50%
Mulli-Family 5,000 1,800 45 20 5115' 5+22 5+22 355 50% 50%
Group Living 5,000 See 45 20 5/156 5+22 5+22 355 50% 50%
ArtAS
Non-residential' none nla none 20 51156 5+2' 5+22 355 50% nla
Notes:
nla = nol applicable
lNon-residential uses must comply with the standards listed in this table unless specified otherwise in 14-4B, Minor Modifications, Variances,
Special Exceplions, and Provisional Uses.
1 Minimum side selback is 5 feel for Ihe firsl2 slones plus 2 feel for each addllional story. For Delached 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.
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, lols 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 the
portion of Ihe building localed wilhin 15 teel of said property or boundary may nol exceed 2-1/2 slories in height
6Minimum principal building setback is 5 feel. Maximum principal building setback is 15 feel. See 14-2C-9D, Maximum Setbacks.
Amendment #29:
Delete Table 3A-1 and substitute in lieu thereof.'
.Ta6Ie'.3A:'1'dlJhijd'''ilmRe~ide';'tiabOen'sitv) .....
...,'." .... .... ....OJ ... ,...... ...1'1... .'"'' ,..)
Uda~'N~(';~e~~eto6~ .., ' , .- , ',-",:_,:,','<:'<,,\:,;---:'-:"',",,",:'-"~:~:-\'"',"-'?!-",''''",'-:'
bWellin6.unilsoer,ac(eofnellimd. ~rea',
,"'" -,' . ,....,.. ."...' . . , ....
RR.1 1
RS.5 5
RS.8 8
RNS-12 8
RS.12 13
MU 24
CO-1 15
CN-1 24
CC-2 15
RM-12 15
RNS-20 24
RM-20 24
RM-44 43
PRM 49"
*Density bonuses are available in the PRM Zone that would increase the
allowed density beyond the figure in this table.
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
fa\;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
I--Module-----1
!--Exisling--j
rMOdu,e-! !--ModUlel
New MF Building
~Module--1
!--ExiSling--!
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<;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.
Amendment #30 Continued:
Delete subsection 14-2C-7M, Building Bulk and Arlieulation, 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 fac;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
faC;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 1itle 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 1itle may be found guilty of a
simple misdemeanor or municipal infraction or environmental infraction as
provided for in 1itle 1, Chapter 4 of the City Code and shall be subject to the
penalties specified in 1-4-2D, 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.
. ~"~__'_____'~__'___'M~"___'._"~___._'"___~__"____'______' _ _ ,.__._'__'M__"..._____._~._,____,____."_.___.._.._____..---.-.....--.------
Amendment #32:
Delete subsection 14-4A-4I, Surface Passenger Services, 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.
Delete 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 Afticle 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 lot, 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 side 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
f-
Ul
Ul
It
f-
III
Front yard
STREET
Front lot line
STREET
Interior Lot
Comer Lot
Side yard
BUILDING
Side yard
R....lotllrw
STREET
Front Lot Line
I
Front yard
STREET
Double-Frontage Lot
Interior Court Yard
..:/:i
\1
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 HV AC 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 HVAC 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 installe~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, entitied
"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
classes shall be attended within one (1) year of the code's adoption by the city or by the end
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 followino 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 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.
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
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-oCo
City Attorney's Office.
SuelHVACLic 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 11/28/2006
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, Vanderhoef, Wilburn.
NAYS: O'Donnell. ABSENT: None.
Date published
!\!"
'.
I,-i:,t\
C,/
Prepared by: Kathryn Johansen, City Manager's Office, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5010
ORDINANCE NO. 0/;-4744
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.
c;:]
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 2.8..th. day of November
~LJ~ft
MAYOR -
ATTEST:~-U~)~.~~
CI LERK
,20~.
Approved by
~ ~ l<-~-Ot.
City Attorney's Office
Mgr/ord/mobilevendor .doc
Ordinance No. 06-4244
Page ----2-
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
R;1ilpy
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
J(
x
First Consideration 11/14/2006
Vote for passage: AYES: Bailey,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration ---------
Vote for passage:
Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Date published
12/6/2006
Moved by Vanderhoef, seconded by Bailey that the rule requlrlng ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and "the ordinance
be voted upon for final passage at this time. AYES: Champion, Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None.