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Home My WebLink About1989-09-05 OrdinanceORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 36, ZONING OR- DINANCE, TO PERMIT FENCES UP TO SIX FEET IN HEIGHT WITHIN A FRONT YARD ABUTTING AN ARTERIAL STREET. WHEREAS, residential properties along expressways and arterial streets must tolerate a certain amount of noise dust, glare and other negative effects of high traffic volume; and WHEREAS, residential property owners on double frontage lots are affected by traffic on both ends of their lots; and - WHEREAS, these property owners should be able to ameliorate some of these negative effects by eroding a fence between their residence and the high traffic volume street; and WHEREAS, A six foot fence along an expressway or arterial street will not obstruct visibility, or Impede the flow of traffic or access to the right-of-way. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That subsection 36-65(a)(4) is hereby deleted and the following is Insetted In lieu thereof: (4) In R zones or within 50 feet of an R zone along the same frontage, fences within the from yard shall not exceed four (4) feet In height. Fences may be constructed wfthln a from yard abutting an express- way or arterial street, as listed or defined In the Comprehensive Plan, to a height not exceeding six (6) feet when: a. The from yard Is within a double frontage Id, or b. The from yard Is within a comer lot and abuts the from yard of a double frontage lot. SECTION 11. REPEALER: All ordinances and parts of ordlnan- ces In conflict with the provisions of this ordinance are hereby repealed. SECTION 111. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconsthu- tional, 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 W. EFFECTIVE DATE: This Ordinance shall be In effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLERK Approved as to Form Wds °b/n Legal Department i i i I I i i i i j •� iti I ir. I I I j I I, /soy It was moved by and seconded by that the Ordinance as read be a opte , and upon roll call t ere wiT ere: AYES: NAYS: ABSENT: First Consideration Vote for passage: Second Consideration Vote for passage - Date published Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald City of Iowa City MEMORANDUM Date: July 28, 1989 To: Planning and Zoning Commisslon/� From: Karin Franklin, Senior Plan (^ Re: Amendment to the Fence Requ rements At the request of the Department of Housing and Inspection Services (HIS), an amendment to the Zoning Ordinance to permit six foot fences along arterial streets is proposed. This request comes after a number of instances in which fences greater than four feet in height have been permitted in the required front yard after a special exception was granted by the Board of Adjustment. Generally when the Board consistently grants exceptions to requirements of the Zoning Ordinance and a commonality of circumstance exists, the staff considers amending the ordinance to permit the "exception" by right and diminish what appears to be unnecessary governmental review. This is the case with the fence requirement. Presently, the Zoning Ordinance restricts fences in residential zones to four feet in height if fences are in the required front yard. This is to avoid an appearance of congestion along residential streets and to provide visibility at the intersections of driveways and streets. A Property owner may place an eight foot fence in the required front yard if the yard abuts a primary arterial street as Identified in the Comprehensive Plan. This provision recognizes the Impact primary arterials can have on residential properties and allows the owners to protect themselves from noise, dust, glare or any other traffic Impacts by constructing a barrier between themselves and the street. Usually this will occur on double frontage lots where access to the lot is from local or collector streets (Vista Park Village on Scoff Blvd,; Rochester Heights on Rochester Avenue; Plum Street and Brookwood Drive off Highway 6); thus the fence does not Interfere with access from the driveway to the street. Many of.the requests to the Board of Adjustment for exceptions to the current ordinance have been for properties on First Avenue and Sycamore Street. These streets are functionally classified as secondary arterials. Properties along these streets would not qualify for the higher fence provisions since the streets are secondary and not primary arterials. The amendment proposed would permit residential property owners to erect fences up to six feet in height In a front yard abutting an expressway (1.80 and U.S. 218) or abutting any arterial street (for examples see the list on page 66 of the 1989 Comprehensive Plan Update) If the front yard is on a double frontage lot or the front yard is on a corner lot abutting a double frontage lot. /5D� I li it z The proposal provides double frontage lot owners an option to buffer their activities from the busiest street which their lot abuts, does not foster problems with fences and driveways since access is limited on arterial streets, and permits certain corner lot owners to enjoy the same options as their neighbors in screening their properties from arterial traffic. STAFF RECOMMENDATION The staff recommends that an amendment to Section 36-65(a)(4) to provide for fences in the required front yard along arterial streets under certain circumstances be approved. Approved by: mt of Planning and Development /so9 A,21e,P/�G &iz 167- R,111 M,+wb 0 Mmycenter low, City I _ 5� i i Mercy Facilities, Inc. 500 Market Street Iowa City, IA 52240 (319) 337.0621 August 2, 1989 John McDonald, Mayor City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor McDonald: I Re: Mercycentre Building Project Mercy Facilities, Inc. has been working with the Planning and Zoning Commission on an amendment to modifiy the height requirement for building within a C01 zone. I, It is our understanding that there is a provision for the City Council to expedite a review of this proposed amendment. Since the viability of our project is dependent on this amendment, we respectfully request the Council to expedite a review of this proposal. Your attention to this matter is greatly appreciated. Sincere Rog r 0. Garrett Secretary /mp cc: Steve Atkin, City Manager Karen Franklin, Senior Planner iTom Scott, Planning and Zoning Commission Chair R,111 M,+wb 0 Mmycenter low, City ORDINANCE NO. 89-3430 AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63 THEREIN TO ADD NEW PERMIT FEES FOR THE CAPITOL STREET PARKING RAMP AND CENTRAL BUSINESS DISTRICT LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION : That Chapter 32.1 of the Code of Ordinances of the City of Iowa Cit, Iowa, be, and the same is hereby amended by repealing Section 32.1-63 thereof, and y enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-63. Fees or Charges Authorized in Chapter 23. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: Sec. 23-249 Fee for C t Sec. 23-274 Sec. 23-277 on ractor Reservation of Meter Space (Meter Hood) $ 4.00/day i' i $ 20.00 Operator Parking Meter Fees. I S .40/hour Central Business District Lot Meter S .40/hour Peripheral On -Street Meter (Outside Central Business District) $ .30/hour Peripheral Lot Meter (Outside Central Business District) $ .30/hour I $ 4.00/day Fees for parking in city parking �: ORDINANCE NO. 89-3430 AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63 THEREIN TO ADD NEW PERMIT FEES FOR THE CAPITOL STREET PARKING RAMP AND CENTRAL BUSINESS DISTRICT LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION : That Chapter 32.1 of the Code of Ordinances of the City of Iowa Cit, Iowa, be, and the same is hereby amended by repealing Section 32.1-63 thereof, and y enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-63. Fees or Charges Authorized in Chapter 23. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: Sec. 23-249 Fee for C t Sec. 23-274 Sec. 23-277 on ractor Reservation of Meter Space (Meter Hood) $ 4.00/day Show -up fee charged by Tow Truck $ 20.00 Operator Parking Meter Fees. Central Business District On -Street Meter S .40/hour Central Business District Lot Meter S .40/hour Peripheral On -Street Meter (Outside Central Business District) $ .30/hour Peripheral Lot Meter (Outside Central Business District) $ .30/hour Meter Hood/Contractor $ 4.00/day Fees for parking in city parking �: lots and structures. Municipal Parking Lot (adjacent to Ramp B) Monthly All -Day Permits $ 40.00/month Monthly All -Day Permits (annual advance -payment) 5456.00/year II �� : i Ordinance No. 89-3430 Page 2 i Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: Section 23-277 Monthly Off -Hours Permits (continued) (After 5 PM, Monday -Friday; All -Day Saturday and Sunday) S 29.00/month Lot Permits - Central Business District Lots Monthly All -Day Permits $ 40.00/month Monthly All -Day Permits (annual advance -payment) 5456.00/year Lot permits - All other municipal lots $ 30.00/month Monthly All -Day Permits i 'I i i Monthly All -Day Permits (annual advance -payment) 5342.00/year i Monthly All -Day Permits $ 40.00/month Monthly All -Day Permits (annual advance -payment) 5456.00/year Lot permits - All other municipal lots $ 30.00/month Monthly All -Day Permits S 30.00/month Monthly All -Day Permits (annual advance -payment) 5342.00/year City Employee Lot Permits $ 15.00/month Parking Ramps Hourly parker (Ramps A & B) $ .40/hour Maximum All -Day (Ramp B) f 3.20/day Monthly All -Day Permits (Ramp A) $ 50.00/month Monthly All -Day Permits (annual advance -payment - Ramp A) 5570.00/year Monthly All -Day Permits (Ramp B) $ 40.00/month Monthly All -Day Permits (annual advance payment - Ramp B) 5456.00/year Monthly Off -Hours Permits (Ramp B) $ 29.00/month The above hourly parking rates for parking ramps will apply to both parking ramps, with the exception of cars exiting when a cashier is not on duty. A flat rate of 75t shall apply and be deposited at the exit gate. Ramp A is the Capitol Street Parking Ramp, while Ramp B is the Dubuque Street Parking Ramp. Reissue of lot/stolen permits S 2.00/each reissue /533 i I E Ordinance No. 89-3430 Page 3 Municipal Code Section Authorizing Fee Charge, Fine or Penalty: Description of Fee, Charge, Fine, or Penalty: Charge: Sec. 23-279 Penalties for Parking Violations. Overtime parking $ 3.00 j I Expired meter $ 3.00 Prohibited zone $ 5.00 Illegal parking - handicapped parking space $ 25.00 i One-hour restricted zone - Civic Center lot $ 3.00 All other illegal parking violations ofthis chapter. $ 5.00 A SECTION 2. SEVERABILITY: If any of the provisions of this Ordinance are for any I I r } reason declared illegal or void, then the lawful provisions of this Ordinance which ` are severable from said unlawful provisions, shall be and remain in full .force and iI•: <;f effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and 1 after its final passage and publication as by law provided. I I� i Passed and approved this Sth day of September, 1989. ATTEST: CITY�CLERK i i FORM LEGAL DEPARTMENT It was moved b Balmer Y and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz Kubby X Larson —x McDonald /s'33