HomeMy WebLinkAbout1989-01-10 OrdinanceCity of Iowa City
MEMORANDUM
Date: January 5, 1989
To: City Council
i
From: Karin Franklin, Senior Planne
Re: Amendments to the Zoning Ordinance re: Child Care
In November 1988, the Family Child Care Providers Cooperative of Iowa City
presented a proposal (attached) to the Planning and Zoning Commission
suggesting various amendments to the Zoning Ordinance to make the
establishment of child care facilities easier and lessen the restrictions
on them. The Commission considered the proposal and decided to address
only one aspect of it at this time and delve into the issue more deeply
after the Commission was done with the Comprehensive Plan.
The ordinance before the Council addresses the problem of small providers
who care for six or fewer children and who potentially fall under the
Zoning Ordinance requirement for a special exception before establishing
the use. When the child care provisions were originally adopted in 1983,
the intent was to exempt from regulation babysitting, i.e. those people
who cared for six or fewer children. Child care facilities were defined
as those licensed or registered facilities that cared for children. At
movementthat ein a thell pchildercarere neitherprofessionlisentodregisteror sevend theosmall the
by State law but is becoming important
providers. This is not required
for parents since registration entails a background check on the provider.
As small providers voluntarily register, they come into non compliance
with City zoning. The ordinance before the Council, which is recommended
by the staff and the Commission, takes small providers out of the defini-
tion of child care facilities. Those small providers who register their
operations will no longer be required to obtain a special exception before
the Board of Adjustment.
People who care for six or fewer children will, with this amendment, be
treated as home occupations. An amendment of the hours for home occupa-
tions has also been recommended by the Commission with the beginning time
changed from 8 AM to 7 AM to allow for the majority of babysitters who
accommodate working parents. Home occupations do not require a permit and
are treated as an accessory use in residential zones. Regulation of home
occupations is done on a complaint basis. Any child care provider who has
children left at their home outside the hours of 7 AM to 9 PM will be
investigai
complaintted is fily if ed. Theistaffivity is does notdfeelptive to that thishwillibe rhood and a
problem.
If you have any questions regarding the proposed amendments please call me
at 356-5243.
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CPDINWiCE NO.
AN OMINANCE AEWING2 CHAFFER 36, ENTITLED "ZONING
ORDINAKE" OF THE CUTE OF UmINANES OF THE CITY OF
IOWA CITY, IOWA, BY MELDING SECTICtS 36-0 AD 36-56
THEREIN TO ELIMINATE CERTAIN CHILD CAPE PWVIOERS
F5 THE ZCNIhS 66MICE FMATICNi FOR CHILD CME
FACILITIES AND TO DOW THE HDlRS OF OPERATICN FOR
H31 OM)PATIONS.
WEMAS, the Zoning Ordinmce presently defines
child care facilities as all those facilities
licensed or registered by the State Where children
are cared for; and
*ERFAS, this definition was adopted at a time
When child care providers Who coed far six or faa
children were neither required nor ecouraged to
register their operations with the State; and
WHEREAS, such providers are now being encouraged
by day care provider Tops and parents to register
their operations with the State; and
WHEREAS, the intent of the Iowa City Zoning
Ordinance was to not regulate such spall providers
but to treat them as hone ocapations; and
WHEiM, the hours of operations for here
occupations are presently set between 8:00 a.m. and
9:00 p.m.; and
W UFAS, a charge of hours for hone occupations
beginning at 7:00 a.m. to accmmodate child care
providers should not adversely affect residential
areas.
N11, TWEItEFORE, BE IT OWNED BY THE CITY OF
IOWA CITY THAT:
SECTICN I. That Chapter 36, "Zoning Ordinance" of
the Code of Ordinances of the City of Iowa City,
faa, be, and the sane is hereby amended by repeal-
ing Section 36-4(c)(3) and enacting in lieu thereof
a new section to be codified the sane to read as
follows:
Section 36-4(c)
(3) Child care facility. State licensed or
registered facility vivre more than six (6)
children are tenporarily left with
atterdmts.
SECTICN II. That Chapter 36, "Zoning Ordinance" of
the Code of Ordinaroes of the City of Sawa City,
fora, be, and the same is herby wended by repeal-
ing Section 36-56(b)(4)c. and enacting 1n lief
thereof a new section to be codified the sane to
read as follows:
Section 36-56(b)(4)
c. Any exterior display, exterior storage of
materials, signs (except as otherwise
permitted), house calls after 9:00 p.m. or
before 7:00 a.m., or other indication from
the exterior that the cklling unit or
accessory building is being used in part for
30
Ordinance No.
Page 2
any use other than that of a duelling or
accessory building for purely residential
Purposes.
5M
I ISI a ER. All ordinnes and {arts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV SEVERABILITY. If any section, provi-
sion 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
vinle or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE EATS. TMs Ordinance shall be
in effect after its final passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
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City of Iowa City
MEMORANDUM
Date: November 9, 1988
To: Planning and Zoning Commission
From: Karin Franklin, Senior Planner
Re: Proposed Amendment to Child Care Provisions of the Zoning Ordinance
In your packets of October 31, you received a copy of a letter from the Family
Child Care Providers Cooperative of Iowa City suggesting amendment to the Zoning
Ordinance as it deals with child care facilities. At this point, the staff
would like some direction from the Commission as to whether you feel there are
changes which warrant investigation. You are not being asked to evaluate the
specifics of the proposal now. Please also consider what priority you wish this
item to take on your pending list.
The proposal before you does basically four things:
1. Distinguishes by definition between three different types of daycare
i providers -
a. Homes where fewer than 12 children are cared for
b. Homes where 12 to 18 children are cared for on a short-term basis
(less than three hours)
C. Daycare centers (not necessarily in a home) where 12 or more
children are cared for three hours or more.
2. Relaxes the regulation of care in homes (a and b) by permitting these uses
provisionally in residential zones rather than as a special exception. A
special exception requires application to the Board of Adjustment and a
public hearing; a provisional use is approved administratively.
3. Relaxes the additional regulations imposed on all childcare providers in
residential zones from RS -5 to RM -20 by decreasing the square footage of the
f play area from 100 square feet to 75 square feet consistent with current
state regulations and by eliminating the requirement for a fence around play
areas.
4. Relaxes the parking requirements for homes (a and b) from one space for every
six children to one space for 11 children and an additional space for each
additional six children. For example in a single family home where day care
is provided for 11 children, two spaces for the residential use would be
required and one space for the daycare use, totalling three spaces on the
property. If up to 18 children were cared for in a before or after school
program, one additional space would be required for a total of four spaces on
the lot.
i Enclosed is a letter from the Community Coordinated Child Care Resource Center
offering their assistance in evaluating any proposed change in the ordinance
relating to child care.
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36
X" �y
October 17. 1988
To: Iowa City Planning and Zoning Commission
From: Family Child Care Providers Cooperative of Iowa City
Re: The need for changes In City Zoning Ordinances
dealing with In -Home Day Care
As It now stands many registered and licensed day
care homes and home programs are operating illegally in some
residential zones because of the present wording in the city
zoning ordinances regarding allowed usage. Other homes are
choosing not to be registered or licensed because of these
zoning laws, which In turn puts them In conflict with state
regulations In many cases. Or at the very least it makes
them Ineligible for a variety of programs offered only to
registered homes.
After working with attorney Del Richards and consulting
with Karen Franklin we have come up with proposed zoning
ammendments which we are now submitting to you. As the
support group for Iowa City area In-home child care
providers we urge you to meet this need with expediency. In
addition to letters of support from In-home child care
providers, we also have signatures from 65 parents
supporting this position.
In -Home Day Care has long been a valuable asset to Iowa
City, for both the working parents of our community and for
their employers, especially In the last five years as day
care needs have expanded so greatly as more mothers of small
children Joined the work force. As we reach a time when
fifty percent of working mothers have children under school
age It becomes Imperative that we as a community offer as
many alternatives for child care as possible. It Is our
hope that the City can correct this problem with zoning in
order that quality home day care can be an accessible.
affordable resource for the community In the future.
Family Child Care Providers Cooperative
of Iowa City
Lc:.'dIVLiD
OCT 2 4 1988
P.P.D. DEPARTMENT
IM
October 17, 1988
To: Iowa City Planning & Zoning Commission
From: Family Child Care Providers Cooperative of Iowa City
Re: Proposed Zoning Amendments regarding Child Care Facilities
- We are proposing the following amendments to the Iowa
City Zoning Ordinance:
1. Definitions Section 36-4. We propose to delete Section
{ 36-4(c) (3) and substitute the following:
1
Child Care Center: State -licensed facility where more
than eleven (11) children are temporarily left with atten-
dants for more than three (3) hours at a time.
"r
Dav Care Home: State -registered private residence
where less than twelve (12) children are temporarily left
with attendants. (Voluntary registration for 6 or less children)
Before/After School and Preschool/Kindergarten Programs:
State -licensed private residence where more than eleven
F (11) and less than nineteen (19) children are temporarily
left with attendants for less than three (3) hours at a
time.
L
r
r
2. Classifications. We propose to amend the zoning classi-
fications as follows:
L
A. RS -5 zone:
Provisional Uses:
Day Care Homes subject to Section 36-55.
G Before/After School and Preschool/Kindergarten Programs
N caring for less than ninteen (19) children at one time
subject to Section 36-55.
Special Exceptions:
t' Before or After School Centers caring for more than
eighteen (18) children at one time subject to Section 36-55,
B. RS -8, RFBH, RS -12, RM -12, RM -20 and RNC -20 zones:
Provisional Uses:
Day Cdre Homes subject to Section 36-55.
Before/After School and Preschool/Kindergarten Programs
caring for less than ninteen (19) childfen at one time
j. subject to Section 36-55.
Special Exceptions:
Child Care Centers subject to Section 36-55.
Before /After School Centers =caring for more than
eighteen (18) children at one time subject to Section 36-55.
i
3v
.36
-2-
C. RM -44 and RM -145 zones:
Provisional Uses:
Day Care Homes.
Before/After School and Preschool/Kindergarten Programs
caring
for less than nineteen (19) children
at one time.
Special Exceptions:
Child Care Centers subject to Section 36-55.
Before/After School
Centers caring for more than
eighteen (18) children at
one time subject to Section 36-55.
i
D. Commercial Zones:
r:
r
All child care facilities would remain special exceptions
in commercial zones where they are
now permitted.
3. Specific Regulations. We propose changing Section 36-55
as follows:
i
"(c) Child care facilities. The following requirements
shall govern child
I'
care facilities as appropriate:
e
(1) An outdoor play area of not less than seventy five
(75) square feet
g
per child using the area at any
given time shall be provided.
F
(2) No playground equipment shall be permitted in the
front
Y
or side yards.
c
(3) Play areas shall be well drained,
and shall free from hazards,
be
r
readily accessible to the facility.
(4) The facility shall be provided with at least thirty
five (35) square
feet of accessible, usable interior
floor space per child, excluding kitchen,
1!
and halls. bathrooms
t
(5) In addition to the requirements above, the facility's
operation
and maintenance shall meet all applicable
state requirements.
4. Parking Regulations. We propose changing Section 36-58 (4)
as follows:
S
(4) (f) - School, Child Care Center. One (I) parking
space,
which may be located on a regularly constructed
aisle, for each six (6) children.
.36
-3-
(4) (8) - School, Day Care Home. One (1) parking space,
which may be located on a regularly constructed
aisle.
t
(4)(h) - School, Before/After School and Preschool/
Kindergarten Programs. One (1) parking space,
' which may be located on a regularly constructed
aisle for the first twelve (12) children and
one (1) parking space for each additional six (6)
children.
5.
illustrate
Definition matrix. The following chart
the
should help
ordinance
criteria of
changes:
definition
used for the
proposed
Facility
Number
Hours
Consent
Location
of
Children
Needed to
of
Children
Present
Operate
Facility
Family Day Care Home
Group Day Care Home
Before/After School &
Preschool/Kindergarten
Programs
Child Care Center
Before/After School
Center
1-6
>3hr/day
none
Residence
1-11
>3hr/day
DNS Register
Residence
12-18
12 -up
12 -up
<3hr/day DHS License Residence
>3hr/day
DHS
License
Any
Bldg.
>3hr/day
DHS
License
Any
Bldg.
4CCommunity Coordinated Child Care
s/RESOURCE CENTER
P.O. Box 2876 • Iowa City, Iowa 52244 • (319) 338.7684
October 20, 1988
Karin Franklin
Iowa City Planning and zoning
Civic Center
410 East Washington
Iowa City, Iowa 52240
Dear Ms. Franklin:
As the Hoard of Directors of 4 -Cs Child Care Resource and
Referral Center we are aware that the need for child care
has changed and increased in the Iowa City area since zoning
ordinances were written in 1983.
We are in support of changes in the present zoning
ordinances that will make choices in child care more
accessible to families in need of such services while
balancing the need of individual neighborhoods.
4 -Cs is ready to work with the commission in an advisory
capacity to assess the impact of proposed changes.
SAS:sas
cc: Del Richard
Linda Ayers
sincerely,
4 -Cs Board of
Directors
_L
.._lil-D
8 1988
PARTMENT
u0
CFCIWVJCE N0. 89-3400
AN OWIIWVICE Al'1ElaING THE ZONING ORDINANCE BY
CW cm THE USE REOJLATIONS OF CERTAIN PROPERTY
LOCATED AT 1476 FIRST AVENJE FREM I-1 TO CC -2.
W&EAS, the property described below is ad]acait
to properties zoned CC -2 and which have developed
for comercial purposes; and
WiERFAS, the property's only means of access is
through an existing ccom inial developrent and its
orientation is toward surrounding camercial uses
and away from adjacent industrial developret; and
WEREA4, it is appropriate to allow the property
to be used for camemial uses conpatible with
sunowding camercial development.
NOW, TIE VoRE, BE IT OPD4IN✓ED BY THE CITY
CQMIL OF THE CITY OF I01A CITY, IGA:
SECTION 1 ZQ11NG rMEI . That the property
described below is hereby reclassified frau its
present classification of I-1 to CC -2:
Beginning at the concrete moment which marks
the comer cam to Sections 13, 14, 23, 24,
Township 79 North, Rang: 6 Wtst of the 5th PM.
ce die
thennorth 144.24 feet along the east
lire of Lot 2 Ohl's Subdivision, Iara City,
Johnson County, Ias; thence North 89'58'40"
East, 176.00 feet; thence South 271340" West,
375.31 feet, thence North 00'05120" West,
136.38 feet; thence Horth 00'05'2V' West, 51.05
feet along the east lire of Lot 2, Ohl's
r Wivision to the point of beginning; except-
ing therefrom the following tract:
Begiming at the concrete maxnrnt which
marks the corner conn to Sections 13, 14, 23
and 24, Township 79 North, Range 6 West of the
5th P.M. thence South 10 feet along the east
line of Lot 2, Ohl's Subdivision, lana City,
Johnson Canty, Iowa, to the place of
beginning; thence, continuing in a southerly
direction along the section line, South
00.05'20" East 177.43 feet to a point; thence
Horth 27'53140" East 160 feet; thence North
64.25100" West 83.35 feet more or less to the
point of beginning, and is subject to easmmts
and restrictions of Record.
SECTION 11 ZCNING FYP. The Building Inspector is
hereby authorized and directed to charge the zoning
map of the City of Iowa City, Iowa, to conform to
this anredwt upon final passage, approval and
publication of this Ordinance as provided by law.
SECTION 111 CERTIFICATION NO N. The City
Cleric is hereby authorized and threw to catify a
copy of this Ordinance which shall be recorded at
the Office of the County Recorder of Jdrton Curdy,
IDA.
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Ordinance No. 89-3400
Page 2
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERMILM CINISE. If any of the
provisions of this Ordinance are for any reason
declared illegal or void, then the lavful Provisions
of this Ordinance, vhich are severable from said
unlawful provisions, shall be and remin in full
force and effect, the same as if the Ordinance
contained no illegal or void provisions.
SECTION VI. EFFECTIVE D4TE. This Ordinance shall
be in force and effect frau and after its final
passage and publication as by law provided.
Passed and approved this 10th day of
January, 1989.
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Lega oepare t
It was moved by Courtney and seconded by Ambrisco
that the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
x Balmer
X Courtney
X Horowitz
X Larson
X McDonald
First Consideration 12/21/88
Vote for passage: yes: McDonald, Ambrisco, Balmer, Horowitz,
Larson. Nays: None. Absent: Courtney.
Second Consideration -------
Vote for passage:
Date published 1/18/89
Moved by Courtney, seconded by Ambrisco, that the rule
requiring ordinances to be considered and voted on for
passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance
be voted upon for final passage at this time.
Ayes: Courtney, Horowitz, Larson, McDonald, Ambrisco,
Balmer. Nays: None. Absent: None.
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