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HomeMy WebLinkAbout1983-11-07 Info PacketCf City of Iowa City MEMORANDUM Date: November 4, 1983 To: Persons wi omments on the Proposed New Zoning Ordinance From: Don Schm Re: City Council Discussion of Proposed New Zoning Ordinance Please be advised that the City Council has scheduled meetings for November 7 at approximately 8:30 PM (after a special formal meeting), November 8 from 4:00 PM to 8:00 PM, and for November 14 at 7:30 PM in the Civic Center Council Chambers or the City Manager's Conference Room. The City Council will continue their discussion of the list of issues, comments and questions on the 7th. It is anticipated that the Council will begin discussion of site specific zoning requests for changes in zoning on November 14. A memorandum addressing the site specific requests for changes in zoning will be available for distribution at the City Clerk's office at noon on the 14th,of November. I will keep you advised of any additional meetings or changes in meetings. If you have any questions in regard to the above subject matter in the interim, please do not hesitate to contact me at 356- 5230. tp5/2 cc: City Council The memorandum addressing the site specific information will be furnished to the Council in the packet of November 10, 1983. 3177 ,� City of Iowa City MEMORANDUM Date: November 3, 1983 To: City Counc' From: Don Schm r Re: Pyramidal vs. on -pyramidal Zoning The present Zoning Ordinance is of the pyramidal type which simply means that the uses from the highest or most restrictive zone to the lowest or least restrictive zone accumulate from zone to zone. The single family dwellings permitted in single family zones are permitted in two family zones; single family and two family dwellings are permitted in multi -family zones; single family, two family and multi -family dwellings are permitted in commercial zones; and single family, two family and multi -family dwellings and commercial establishments are permitted in industrial zones. The new Zoning Ordinance is not designed to allow this accumulation of uses from the highest zone to the lowest zone. For the most part, residential uses are restricted to residential zones, commercial uses are restricted to commercial zones, and industrial uses are restricted to industrial zones. There obviously is an overlap of uses among the three major categories of land uses, e.g., the establishment of residential uses is permitted above commercial establishments in commercial zones. Why is a change in the design of the ordinance contemplated? There are at least two major reasons for the change. If any use is permitted in an industrial zone, then residential, commercial and industrial uses are permitted to co -exist together. But residential and industrial uses in particular are not compatible -with each other. The new proposed Zoning Ordinance will reduce the potential for this incompatibility. Secondly, and perhaps the most important reason for -the change in the type of zoning ordinance, is to better implement the City's Comprehensive Plan. The Comprehensive Plan Map illustrates areas for certain types of land uses. There are designations for low, medium and high density residential uses; there are designations for various types of commercial uses; and there are areas designated for industrial and office and research park development. The zones under the present ordinance, which permit a heterogeneous mixture of uses in each zone, will do little to implement the plan. There would be no assurance that land zoned for industrial use would, in fact, be developed for industrial use if "any use" is permitted. Of particular importance to the City, is the need to establish areas for commercial and industrial development and the assurance that the lands will not be developed for residential use or a mixture of residential, commercial and industrial uses. A mixture of land uses tends to inhibit full development of those areas because of the incompatibility of uses permitted. bj4/32 i 3/�8' Li J 3 - CITY CSF IOW/\ CITY* CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 ("19)356-5000 October 27, 1983 Vernon Beck 3100 W. Lake Street Minneapolis, Minnesota 55416 Dear Mr. Beck: This is to acknowledge the receipt by the Department of Housing and Inspection Services of one set of building plans on October 24, 1983. Another five sets of complete plans to be sent via overnight mail delivery are requested to facilitate staff and the Hotel Steering Committee review. It is important that you and the other involved parties with this j project understand that until the Committee has had the chance to review and to approve or disapprove these plans, no further decisions should be made which will affect design choices and alternatives. There obviously have been a number of changes in the hotel design since the last presentation to the Committee. Some of these changes are of a major nature: for instance, alteration of the interior walkway, a diminished glass facade, and the addition of surface parking on the south entrance combined with reconfiguration of the i exterior walkway. A written narrative discussing the changes from the last design iteration and the reasons for these changes should be presented to the City by no later than November 3 so this material can be made available in a timely fashion to the Committee. The City's ability to review these design materials are dependent on timely delivery of the materials requested in this letter. if they are not available, the design review process will be delayed. i incerely, _ ��u'i David Perret Hotel Steering Committee cc: Neal Berlin, City Manager John Hayek, Legal Counsel Andrea Hauer, Development Coordinator Hotel Steering Committee tp4/2 Mailed via express mail for delivery on October 28, 1983 3iaR9 Li November 3, 1983 Mr. Neal G. Berlin City Manager Civic Center 410 E. Washington Street Iowa City, IA 52240 RE: Iowa City Holiday Inn Dear Neal: In reviewing the concerns being expressed by Councilor Perret to the plans and specifications provided by us, I find a number of points need clarification. Firstly: We never intended to carpet the pedistrian walkway through the.hotel. This finish will be determined by the interior design architect which is employed by CIDCO Management Company. The portion referring to carpet is in error. We anticipate a hard surface such as brick or quarry tile in a shade of brown to complement the mall surface. We will not be copying the exact texture of the mall due to concerns expressed by our management company about cleaning problems. Secondly: We have corrected the door design to reflect the need for double doors on each side. This was always intended and again reflects an oversight on our part. It has always been our intent to open the access of the hotel to the maximum extent possible. As you may have additional input as the plans are revised in connection with the renderings, please feel free to call me with ideas and suggestions. Mr. Perret was quoted in the newspaper as stating that "The windows are not recessed." This statement is completely in error. Vernon Beck & Associates, Inc. Commercial Financing Commercial Real Estate Development 612/927.5310 3100 West Lake Street • Minneapolis, Minnesota 55416 3i3o Ci Mr. Neal G. Berlin November 3, 1983 Page Two The only design change of substance which has not been cleared or discussed with the design review committee relates to the health club which was added to the pool area on the second floor. We are excited about this change and feel the club will be one of the finest in Iowa City. One additional issue involves parking for unloading and handicapped by the front door. We are flexible but feel that this need must be accommodated in some manner. When the design committee is ready, we are prepared to meet and discuss our mutual concerns. We feel that the matter has not been handled in a routine way and has amounted to blatant incorrect statements made to the press. We have reviewed each of Mr. Perret's comments with our builder and architect as it relates to our previous presentations to the Hotel Steering committee. In view of the fact that Mr. Perret has issued incorrect ephone statements to the media rather than picking up the and advising us orally as to his comments, we request that a public meeting be scheduled in which our architect, construction company and myself can review each of his comments. We believe that the to clarifyedia should be the record relativeed to to this h a matter. meeting in order matte We certainly do not wish our negotiations with the city officials to continue in the present path with "sensational media coverage which benefits no one. Best/r'egards , Vernon R. Beck President cc: Gary Korte Al ViJums 3/3a Ci City of Iowa City �m eb r 3,9RANDUM To: Mayor Neuhauser and the Iowa City City Council From: Diana Lewis, Chair, Iowa City Riverfront Commission, Re: River Bank Cleanup The Iowa City Riverfront Commission proposes a general cleanup of both banks of the Iowa River from the Burlington Street Dam to the southern corporate limits. A Mayor's Youth Employment Program crew, with an on-site supervisor, is available to clear the debris and dumped material along the river bank. The Parks and Recreation Department will cooperate in this effort by providing the vehicle needed to transport the rubbish. Although debris will not be removed from private property, riverfront property owners will be informed, in writing, of this proposal. This project may, all the same, act as an incentive for riverfront property owners to initiate private cleanup activities. The cleanup campaign is scheduled to begin the week of November 14, 1983 and expected to be completed by November 23, 1983. If you have any questions, please do not hesitate to contact me at 337-3653 or Monica Moen, the Department of Planning and Program Development staff person working with the Riverfront Commission, at 356-5246. cc: Neal Berlin, City Manager Don Schmeiser, Director, Department of Planning and Program Development Doug Boothroy, Senior Planner, Department of Planning and Program Development bc4/8 3/3/ Ci MINUTES WASTEWATER TREATMENT FACILITY COMMITTEE OCTOBER 11, 1983 MEMBERS PRESENT: Balmer, Lynch, Hynes, Kafer, Coulter, Cain, Zenge MEMBERS ABSENT: Kroeze, Rae, Finnegan STAFF PRESENT: Schmadeke, Farmer Wordelman, Berlin Kimm Dague, Franklin, Vitosh, Boren SUMMARY OF DISCUSSION AND ACTION TAKEN: Lynch opened the meeting and invited Neal Berlin to give a summary of the intent of this Committee. He explained that the overriding concern of this Committee was to provide the most cost effective program for wastewater treatment while meeting current treatment standards. Berlin pointed out that earlier this year Professor Dague was engaged to conduct an independent review of the treatment plant and Dague concluded that the plant should be built at the proposed site. The Committee then approved the preliminary recommendations of the Dague study at the June 15, meeting. Dague and Kimm then prepared a detailed report of Dague's proposal for the Committee's final approval. The report makes specific recommendations as to phasing and introduces some changes in the construction process relating to the southeast interceptor sewer. In considering this proposal the City felt that is was advantageous to look into private construction and operation of the new plant. Since that time legislation has been introduced which could adversely affect privatization. Berlin's recommendations were to proceed to acquire new land and easements for the construction of the plant and sewers and to begin construction of the southeast interceptor sewer as soon as possible by borrowing the money'necessary. The City will continue to look into privatization as changes occur in legislation. There were questions from the members of the audience which were answered by members of the Committee, Dague and Kimm. A question was raised concerning cost projections within the recommendation prepared by Kimm and Dague. Lynch made it clear to the Committee and others present that the understanding would be that all proposals would be subject to final approval by the City Council. Kinin then began to review the report. He explained that the proposal provides for a four phase program, outlines the alternatives already discussed by the Committee and outlines a method for financing. Recommendations were also made on how to proceed with construction. 3/3A J Ci J Wastewater Treatment Facility Committee October 11, 1983 Page 2 Daguecontinued the review by directing the Committee's attention to Table 1 of the report. He pointed out that there were four phases of construction projected to be completed by the year 2001. Included in this program is a new treatment plant at the downstream site at a total cost of $24 million. Sewers were projected to cost $22 million. He made it clear that the new plant at the proposed site was the best direction to proceed because of the long-term benefits. The type of treatment recommended for the new plant was aerobic digestion utilizing biological tower filters. After Dague's presentation there were more questions from the members of the Committee and others present. The discussion continued relating to financing. Various financial alternatives were discussed as set forth by Kirton & Dague's report. Kimm assured the commission that each phase was as free standing as possible. In the event a future Council may decide to halt construction, the adequate treatment of waste water could continue. Of course, a halt in the complete program would not fully utilize the outfall sewer between the old plant and the new plant. Balmer expressed his confidence in the plan as proposed by Dague & Kimm. He madea motion that the Committee recommend to Council to purchase the land necessary to construct the plant, trunklines and sewers, move ahead with the construction contract, and that the City borrow the approximately $11 million to begin construction. Zenge seconded the motion. Balmer stated that all of the recommendations as set out in Berlin's memo dated October 15, be included by reference as a part of his motion. A roll call of the members was taken and *the votes were recorded as follows: Balmer - Aye; Lynch - Aye; Hynes - Nay; Kafer was not present for the vote, but expressed to Berlin before leaving that he wished to go on record as in favor of the proposal. Coulter - Aye; Cain - Aye. Motion carried. Lynch asked that the minutes be sent to each member of the Committee for their approval. The meeting was adjourned. Minutes prepared by Sherri Patterson, Secretary, Public Works Department. Complete proceedings of this meeting were recorded on tape. 3�3�. MINUTES 99 CITY/COUNTY URBAN FRINGE COMMITTEE WEDNESDAY, OCTOBER 5, 1983 8:00 A. M. IOWA CITY PUBLIC LIBRARY, ROOM B MEMBERS PRESENT: Donnelly, McDonald, Ockenfels, Erdahl STAFF PRESENT: Leahy, Te Paske, Franklin The meeting was called to order at 8:10 a.m. Donnelly moved and Erdahl seconded approval of the minutes as submitted for September 14, 1983. The motion passed unanimously. DISCUSSION OF AREA 1: Franklin reviewed the discussion before the Iowa City Council regarding the deannexation of Area 1. She pointed out that the Council was very interested in the potential development, of those portions of Area 1 within the corporate boundaries, as office research park development. Beause of this interest, the Council would not be supportive of deannexa- tion of this area. Franklin stated that the development envisioned probably would not occur for a number of years. The area west of the Iowa City corporate limits was then discussed in terms of how it would develop if the office research park development were to take place within the city and whether the density of development would be as single-family residential or as multi -family with condominiums. It was decided that since. development of an office research park was tenuous and would probably not occur for some time, that the .fringe policies regarding this area should look to leaving the area much as it is today. The consensus of the Committee was to deal with Area 1, defined as that portion from the western Iowa City corporate boundaries to the two mile extraterritorial limit, in the same manner as the policy statement for Area 4. This statement discouraged any further residential development and encouraged agricultural use as the preferred use with the recognition that requests for residential development for farm family members should be accommodated. The Committee also -agreed that this area should be flagged as one requiring re-evaluation at such time as the office research park development within the city moved closer to reality. DISCUSSION OF AREA 9; The consensus of the Committee was that deannexation of any portion of this area should follow watershed lines and should take into consideration the Hunter's Run Subdivision. In addition, it was agreed that deannexa- tion would be a general policy with no specification as to it being voluntary or involuntary. It was decided that for those portions of Area 9 which might be severed from the City, land south of Rohret Road should be included in Area 7 and any land north of Rohret Road should be included in Area 1 for fringe policy purposes. 1 Erdahl stated that he felt deannexation of the entire area should be J evaluated if the Hunters Run Subdivision did not develop according to its 3 133 CITY/COUNTY URBAN FRINGE COMMITTEE OCTOBER 5, 1983 PAGE 2 plans and within the time period specified in the agreement between the developers of Hunters Run and the City. Franklin pointed out that the staff had some concerns regarding total deannexation of the area since certain services had been extended to this area beyond Freeway 218 and that to sever those services from the City was unwise. Franklin reviewed the zoning proposed in the 1983 Zoning Ordinance for Area 9, explaining the rationale for AG and RR1 zoning in terms of how those zones related to the ability of the City to provide services. The Committee concurred that the policy relating to Area 9 should recommend deannexation of portions of Area 9 along watershed lines and take into consideration the existence of the Hunters Run Subdivision; this area was also flagged for reevaluation in 1985 when the agreement between the City and the developers of Hunters Run called for review of the subdivision. Erdahl requested that the Committee be given a memo regarding the status of sewer and water provision to Hunters'Run, the essence of the agreement, the reasons for delay in the development of the subdivision, and a map of Area 9 delineating the watershed and the Hunters Run Subdivision. DISCUSSION OF AREA 10; Te Paske stated that this area was under the two mile jurisdiction of the City of Hills, but that Iowa City and the County were obviously affected by land uses in the area. He reviewed the existing uses along Old 218 and stated that one could expect some competition for uses. He pointed out that development in this area will be subject to the Airport Overlay Zone and that much of the property was within the approach zone. He pointed out that the City of Hills had stated that they would acquiesce to anything the Committee decided. Te Paske stated that the demand for commercial or industrial development on the west side of 218 could be expected to be the same as that on the east side. He suggested that if the policy for the west side of 218 were to be one of don -development, a clear distinction must be made between the east and west sides of the road in order to justify such a policy. He questioned whether this was possible since there was very little difference between the characteristics of the land on both sides of the road including the lack of ability of the City to provide services. Erdahl questioned whether the planned commercial district could be used. Te Paske responded that if the district was in fact legally viable that this would be an appropriate place to use it. Erdahl questioned the status of the legal opinion regarding the PCD as contract zoning. Te Paske responded that an opinion was still being sought from the County. Attorney's office. Erdahl stated that he hoped that the County Attorney would look at the planned commercial district with an eye to its legal implementation, if the district could be legally defensible. He stressed the fact that a legal opinion was needed quickly. 3133 CITY/COUNTY URBAN FRINGE COMMITTEE OCTOBER 5, 1983 PAGE 3 Discussion then turned to the need for resolution of the Airport Overlay Zone within the County. Erdahl requested that staff insure that the County had every means of technical assistance available to the City at its disposal. Leahy stated that the County Attorney's office had reviewed the proposed ordinance for the establishment of a joint City/County airport zoning commission and that the legal staffs of the City and the County would be meeting in the near future to resolve any questions regarding that ordinance. The ordinance could then be passed on to the respective zoning commissions of the City and the County. DISCUSSION OF ADMINISTRATIVE PROCEDURES: Te Paske stressed the necessity of some procedures to implement the 26E agreement. He outlined the work that had been done to date stating that rezonings would be retained within the County jurisdiction, that rezonings would need to be consistent with the agreement, and that the City would exercise its review and comment option on any rezoning within the fringe areas. He stated that the second part of the procedures regarding subdivision regulations had not been resolved at the staff level and that there were questions in this area regarding the review process and statutory ability of a 28E agreement to delegate Zoning Commission review to any other body. The third part of the procedures reported on were those regarding annexation; it was pointed out that the City would retain the ability to annex contiguous areas, that any annexations would need to be consistent with the 28E agreement and that the County would exercise a review and comment option on any annexation proceedings. It was agreed by the Committee that the 28E agreement period should be 21 years, with a review period every three years, and provisions for amendment to the agreement. DISCUSSION OF THE BOARD OF SUPERVISORS' RESPONSE TO THE PROPOSED FRINGE AREA POLICIES: Te Paske reviewed a memo which he had sent to the Committee and Board of Supervisors outlining the Board's discussion on September 19, 1983, relative to the fringe area policies. Te Paske stated that the Board had problems with the rezoning implementation strategy for Area 2 in which it was stated that commercial areas would be rezoned to residential. He stated that the Board wished to retain some flexibility to respond to development of the entire area and did not see anything wrong with a development comprised of multifamily residential and commercial use which would be integrated through a planned area development procedure. He stated that a change in the policy statement itself was suggested in which the statement "commercial development is inappropriate" be revised to say "large scale commercial development is inappropriate" and that the implementation measures should indicate a consideration of rezoning to medium density residential uses providing also for planned area developments. McDonald and Erdahl were reluctant to make this revision given the discussion that had taken place previously regarding commercial development north of I-80 and the reconsideration that had been done by the City in terms of commercial development south of I-80. Franklin pointed out that the new language would indicate that there would be no .3/33 Ci I 1 CITY/COUNTY URBAN FRINGE COMMITTEE OCTOBER 5, 1983 PAGE 4 objection to the type of commercial development which had originally been the subject of discussion for this area, i.e. a convenience store with gas pumps, and that did not appear to be the intent of the Board. She suggested that the revision explicitly state the position of the Board in terms of allowing small commercial establishments within planned residential developments. The Committee agreed that this might be an acceptable way to handle the situation. Te Paske went on to point out that the Board also had problems with the implementation strategy in Area 7 which called for the rezoning of portions of Area 7 which are considered to be prime agricultural land or which are farthest from the City limits. The Board found that the rezoning of such property to Al rural would be inconsistent with the policy positions agreed to in other areas. The Board suggested a revised policy statement: Continued agricultural use as the preferred use in Area 7. Limited residential development should be permitted only where County services can most effectively be provided. Erdahl stated that he could understand the County's position regarding these rezonings. Consensus was not reached as to the acceptance of a new policy statement. Donnelly stated that generally there were some Board members who were concerned that the County was gaining nothing by the 28E agreement and was in fact being asked to give up a lot. Discussion then followed of those concerns. McDonald stated that he and Erdahl would personally try to reassure those members of the Board expressing the concerns. The next meeting of the Committee was scheduled for October 19, 1983. Meeting adjourned at 9:35 p.m. Minutes submitted by Karin Franklin. MINUTES CITY/COUNTY URBAN FRINGE COMMITTEE WEDNESDAY, OCTOBER 19, 1983 - 8:00 AM IOWA CITY PUBLIC LIBRARY, ROOM 8 MEMBERS PRESENT: Ockenfels, McDonald, Donnelly, Erdahl STAFF PRESENT: Leahy, Franklin, Te Paske The meeting was called to order at 8:30 AM. The minutes of October 5, 1983, were approved unanimously as submitted. DISCUSSION OF AREA 10 Donnelly questioned the status of the land owned by the Iowa Law School Foundation and whether it would be preserved as woodlands. Te Paske responded that he had no current knowledge of the situation. He explained that the Law School wished to sell the property, but that certain individuals had an interest in preserving the timber in a forest preserve. He stated that if this property were preserved, much of the development pressure in Area 10 for commercial development would be taken off. Erdahl requested that Te Paske review the statements that he had made at the previous meeting regarding Area 10. Te Paske did so, again pointing out that it was very difficult to make distinctions between the potential for development to the east of old 218 and that to the west. Erdahl stated that one distinction was that the west side of old 218 was subject to the airport overlay zone, whereas the property on the east side of old 218 had only a small portion within the approach zone. Te Paske responded that a planned commercial district with performance standards could be used to address the problem of commercial development in the approach zone. He felt that the property of greatest concern at this point was that which is currently zoned CH directly adjacent to old 218. He pointed out that under CH zoning certain uses, which were inconsistent with concerns of the Committee regarding the airport approach zone; could be built at. this time. Te Paske felt that one approach might be to attempt to convince the property owners of the CH zoned land to change to a PCD designation, once the district ordinance was adopted. He went on to point out the extent of the property within Area 10 which was owned by the Johnson County Fairgrounds. Erdahl questioned the status of a legal opinion regarding the planned commercial district. Leahy responded that she had done much of the research work on the opinion and that a written opinion would be forthcoming within the next two weeks. She synopsized her research and conclusions, stating that the standards referred to in the planned commercial district ordinance should be clearly stated within the ordinance, but that references to the district and standards in the fringe agreement need not be expanded upon within the agreement. Erdahl requested an update on the status of the Airport Zoning Commission. Franklin reported that she had spoken with Assistant City Attorney Richard Boyle who was of the opinion that the Council and Board were enabled under Chapter 329 of the Iowa Code to proceed with making appointments to a joint City/County Airport Zoning Commission. Erdahl suggested that the respective bodies go ahead and make those appointments. Franklin suggested that the City might wish to make its appointments from the membership of the Planning and Zoning Commission ,3/33 City/County Urban Fr...ge Committee October 19, 1983 Page 2 and the Airport Zoning Commission; Erdahl agreed. Donnelly questioned whether it was necessary under the statute to advertise publicly for nominees for appointment to the Commission. Franklin responded that she would check the statute. Erdahl stated that he felt the Committee could go ahead and assume that the airport overlay zone would be adopted by the City and the County and that the Committee need not address the overlay zone specifically within the Committee's function. Te Paske stated that he would like the Committee to express some opinion on a solution to the problem of the CH zoning along old 218. Erdahl asked what Te Paske would like to see there. Te Paske responded that he felt it should be changed to a planned commercial district. The rest of the Committee agreed. The consensus was that planned commercial district would be an appropriate designation for those properties adjacent -to old 218 north of the intersection with Freeway 218 and south of the airport. It was suggested that the remainder of what had been Area 10 be called Area 11, kept in agricultural use, and conform to the policies and implementation measures outlined for Areas 4 and 7. i Erdahl stated he felt that one of the things which the County could look at as an advantage gained from the 28E agreement was the planned commercial district. He saw this as a means for the County to have commercial development in areas where the City could not provide services, without having the adverse impacts which could be imposed by commercial development. Te Paske raised the question of the problem currently before the Board of Supervisors in Area 8 regarding the rezoning of certain property to CH before the planned commercial district was enforced. He pointed out that if this rezoning took place, the land uses in the area could be contrary to the Committee's policy statement for Area 8 and could effectively negate much of the work the Committee had done. He pointed out that this rezoning was currently before the Board and that the planned commercial district would not be out of the County Zoning Commission until November 14.. Erdahl responded that he felt very strongly about the district concept and hoped that the Board would not approve the rezoning request. DISCUSSION OF THE POLICY AND IMPLEMENTATION MEASURES FOR AREA 1 AND 9 Franklin reviewed the background material on Area 1, pointing out that the Policy statement called for a re-evaluation of the policy at such time as the Clear Creek Investment Company project was more definite. Te-Paske pointed out that the Board of Supervisors had reviewed the statements on Area 1 and had agreed with them. The Committee concurred with the policy statement and implementation measures as stated. Area 9 was reviewed, particulary within the context of the Hunters Run Subdivision. The Committee concurred with the policy statement and implementation measures presented, and delineated the line of deannexation from Freeway 218, west along Rohret Road to its intersection with the watershed line, and then following that line north to IWV road. The Committee agreed to meet the following week and review a draft of a complete 28E agreement. 4W.3 LF 7 City/County Urban Fringe Committee October 19, 1983 Page 3 Alm*inn + U.9C AAI Gr MINUTES OF STAFF MEETING November 2, 1983 Referrals from the informal Council meeting of October 31 were distributed to the staff for review and discussion (copy attached). Items for the agenda for the special meeting of November 7 will include: Resolution setting public hearing to change the Housing Code to bring it in line with the Zoning Ordinance. Second reading of Ordinance regarding number of roomers Second reading of the Ordinance regarding requirements for master electrician's license Second reading of ordinance approving PAD for Ty'n Cae Subdivision, Part 2 Resolution awarding bids for Rundell, Dearborn and Center Storm Sewer Improvements Public hearing on CDBG funds Resolution approving five-year street construction and reconstruction program Resolutions on dispositions of alley right of way near 522 South Dubuque, alley right of way at Valley and Lincoln Avenues, and Des Moines Street right of way Resolution authorizing the execution of an agreement with Hawkeye Preservation Limited regarding steps for the Bagel Company The Human Relations Director advised that health assessments are still being conducted during the next couple of weeks. She encouraged employees to take advantage of this opportunity. Prepared by: L!LL. Ls 'l/q.; Lorraine Saeger 3 O Informal Council Meeting October 31, 1983 SWJE( Land - Harrison and Linr Kirkwood - School Proper Parking Study Mercy Hospital - vacant Jefferson Street Finance Staffing Historic Preservation Cc Economic Development Cort Executive Session - liti 1 L I- J CEDAR RAPIDS TELEVISION COMPANY E;"yr:'` -7 J 1983 KCRG=TV9 RADIO IS -2ND AVENUE AT 5TH STREET SE PHONE: 319.398.8422 TWX: 910-525.1341 CEDAR RAPIDS, IOWA 52401 We thought you might be interested in the following Editorial Comment by Edna Herbst, Vice President of the KCRG Stations and member of the KCRG Editorial Board. This Editorial was scheduled on both KCRG-TV and KCRG RADIO on Thursday, October 20, 1983. MORE THAN A FEW OF YOU HAVE PROBABLY ASKED, "WHY IN THE WORLD ARE THE MAYORS OF CEDAR RAPIDS AND IOWA CITY IN SWITZER- LAND, TRYING TO LURE EUROPEAN FIRMS TO OUR AREA?" IF YOU HAVE PAID ATTENTION LATELY TO THE BUSINESS NEWS, YOU UNDERSTAND WHY, ITEM: JAPAN HAS POSTED A RECORD SIX- MONTH TRADE SURPLUS OF OVER $12 BILLION, LARGELY DUE TO SALES OF CARS, COMPUTERS AND VIDEO RECORDERS TO OUR COUNTRY, ITEM: THE U -S TRADE SURPLUS WITH COMMUNIST NATIONS HAS ALL BUT DISAPPEARED, 313.E Cr PAGE TWO FOR THE FIRST HALF OF THIS YEAR, IT WAS i DOWN NEARLY TWO BILLION FROM '82. ITEM; OUR TRADE DEFICIT WITH THE WORLD AS A WHOLE GREW TO OVER $7 BILLION FOR THE MONTH OF AUGUST ALONE. (CHANGE CAMERA) IT'S READILY APPAR- ENT DRASTIC STEPS•MUST BE TAKEN TO REDUCE THE VAST SUMS WE ARE SPENDING ON FOREIGN 'GOODS. ONE WAY IS TO ENCOURAGE FOREIGN MANU- FACTURERS TO PRODUCE MORE OF THEIR GOODS IN THIS COUNTRY. IF THIS CANNOT BE DONE VOLUNTARILY, THEN WE SHOULD SERIOUSLY CONSIDER THE APPROACH BEING USED BY OTHER NATIONS. THAT'S A MANDATE THAT FOREIGN 1 COMPANIES MUST LOCATE PLANTS IN THE U.S. IF THEY WANT TO CONTINUE DOING BUSINESS HERE. THAT'S TV 9'S VIEW, LET US KNOW YOURS BY WRITING TO THE KCRG-TV EDITORIAL BOARD. 3/3S ,J CITY OF CNIC CENTER 410 E. WASHINGTON ST November 7, 1983 Mr. Tom Slockett Johnson County Auditor Johnson County Courthouse 417 S. Clinton St. Iowa City, Iowa 52240 OWA IOWA CITY. IOWA 52240 CITY (319) 356-5CCO Dear Tom: The purpose of this letter is to summarize our recent discussions and to reiterate the City's position regarding parking for precinct polling places in the Central Business District. It appears that two significant events have occurred in recent years which dictate that we establish a policy as it relates to these matters. First, the Recreation Center parking lot, previously used by precinct poll workers, has been formally purchased by the City and is entirely metered for parking. Secondly, the Senior Center has also been designated a polling place. Taking into consideration the increased demand for parking in the Central Business District, it is necessary that we establish a policy regarding to what extent the City will provide parking to accommodate voters and/or poll workers. The City will continue its previous policy of providing, to the greatest extent possible, necessary reserved parking for voters near downtown polling places. This may involve temporary parking provisions in certain prohibited zones, loading zones, etc. as well as the hooding of meters to allow for free voter parking. However, consistent with our policy of not providing special parking privileges for downtown businesses and facilities and their employees, including City employees, free parking will not be provided for poll workers. We have discussed areas near the Recreation Center and the Senior Center, including the Dubuque Street parking ramp, where poll workers might find long-term parking available. In addition, it is my understanding that it is your intention to reimburse poll workers for parking costs they might incur. I fully understand that these costs would be charged back to whomever is responsible for the cost of that particular election, and further, that in many cases this will be the City of Iowa City. This practice is totally acceptable and will allow the City to adhere to its policies in a consistent manner while not creating a financial disadvantage for the County. 3136 Ci Mr. Tom Slockett November 7, 1983 Page 2 If you have any questions or concerns regarding this matter, or if there are other issues which you wish to discuss, please do not hesitate to contact me. I do appreciate your cooperation in resolving this matter. Sincerely yours, Dale E. Helling Assistant City Manager cc: City Manager Finance Director Police Chief Parking Systems Supervisor bj/sp 3136 C iF City of Iowa City MEMORANDUM Date: November 7, 1983 To: City Council ,t From: Robert W. Jansen, City Attorney �J Richard J. Boyle, Assistant City Attorney Re: Some Legal Aspects of the Proposed Zoning Ordinance A. Validity of Use of Zoning Power to Defer Development The proposed zoning ordinance contains a zone - General Agricultural (AG) - in which development will be substantially limited for a period of years. As noted in Sec. 1-4 of the proposed ordinance "(a) Intent. It is the intent that this zone provide for the agricultural use of land within the city, which is most appro- priately used for crops, orchards and the keeping of farm animals until such time as the City is able to provide municipal services and urban development can proceed according to the 1983 Comprehensive Plan Update (which includes the long range plan)." The AG zone's restrictions give rise to the question of whether a City may zone property in such a way that residential or commercial development is deferred until public services, such as sewers, are established in the area. There are several facets to the question. As with all zoning matters, there are the underlying questions of whether or not the City Council is empowered to act in the particular manner in which it seeks to act; whether it is following the required procedural steps; and whether the enactment is consistent with the underlying legislative (i.e. Iowa Code) enactment. Assuming affirmative answers to those questions, leads to the matter of whether the particular zoning measure is reasonable so that it passes constitutional muster. Since we believe the statutory procedures (Code Sec. 414.4-414.6) are being followed we will not comment further on that question. The Code of Iowa (1983) (the "Code") Section 414.1 provides, in part, that "For the purpose of promoting the health, safety, morals, or the general welfare of any community... any city is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes." 3/,37 Code Sec. 414.3 (as amended in 1982) provides, in part, as follows: "The regulations shall be made in accordance with a comprehen- sive plan and designed to preserve the availability of agricultural land;... to encourage efficient urban development patterns; to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; ... and to facilitate the adequte provision of transportation, water, sewerage, schools, parks, and other public requirements. (Emphasis added) Such regulations shall be made with reasonable consideration, among other things, as to the character of the areas of the district and the peculiar suitability of such areas for j particular uses, and with a view to conserving the value of } buildings and encouraging the most appropriate use of land throughout such city." Taken together; we believe Code Sections 414.1 and 414.3 clearly authorize or empower municipalities to impose zoning regulations containing restrictions limiting development such as are found in the AG zone of the proposed ordinance, and that the restrictions are consistent with the enabling legislation. The question then, is whether the restrictions are reasonable. Zoning is an exercise of the police power (see e.g. Dom V. Sioux City, 208 Iowa 1273, 227 N.W. 125 (1929);.City of Bloomfield v. Dav s County Comm. School Dist., 254 Iowa 900, 119 N.W.2d 909 (19-637T. Further, zoning is not static; existing regulations are always subject to reasonable revisions (Hermann v. City of Des Moines, 250 Iowa 1281, 97 N.W.2d 893 (1959)). As the Court noted in Keller v. City of Council Bluffs, 246 Iowa 113, 66 N.W. 2d 113, 116 (1954 T [T]he governing body of a municipality may amend its zoning ordinances any time it deems circumstances and conditions warrant such action, and such an amendment is valid if the procedural requirements of the statutes are followed and it is not unreasonable or capricious nor inconsistent with the spirit and design of the zoning statute." Cf: Stone v. City of Wilton, 331 N.W.2d 398 (Iowa 1983). Although each case must be judged on its own merits (e.g., Anderson v. Jester, 206 Iowa 452, 221 N.W. 354 (1928)), the validity of the types of restrictions imposed in the AG zone regulations have been upheld in cases in other jurisdictions, where it was shown that such restrictions were imposed in good faith, bore a real and substantial relationship to the public welfare, and were of reasonable duration. 3/37 1. Good faith, implies that the restrictions are being imposed for valid reasons, such as lack of adequte sewer capacity. Associated Home Builders v. Livermore, 18 Cal. 3rd 582, 135 Cal. Rptr. 41, 3 -5 -7F -2—d473 (1976); Golden v. Planning Board of Ramapo, 30 N.Y.S.2d 359, 334 N75.2d 138, 285 N.E.2d 291 (1972), app. dismd., 409 U.S. 1003, 93 S. Ct. 436, 440, 34 L. Ed. 2d 294. Cf. Stone v. City of Wilton, supra, 331 N.W.2d at 402. In the case of Iowa City, there is a clearly demonstrated need for additional sewer capacity, so we would suggest the good faith test is adequately met. Cf: Iowa City Comprehensive Plan Update, 1983. 2. Public welfare is a somewhat imprecise concept, but "is sufficiently broad to encompass the City's desire to grow at an orderly pace and in a compact manner." Dateline Builders, Inc. v. gity of Santa Rosa, 194 Cal. Rptr. 258, 2 44 (Ct. App. 1983). In Iowa, the orderly growth concept is encompassed within the language of the State enabling legislation stating that zoning "regulations shall be... designed to—encourage efficient urban development patterns..." (Code Sec. 414.3) Further, although its provisions are not applicable to cities, Chapter 93A of the Code of Iowa (1983) sets forth the State's policies with respect to land preservation and use, and expressly states (Sec.93A.1). "It is the intent of the general assembly and the policy of the state to provide for the orderly use and development of land and related natural resources of Iowa for residential, commercial, industrial, and recreational purposes..." 3. The final test for the validity of zoning restrictions imposing severe limitations upon the development of land is whether the restrictions are of reasonable duration. In Golden v. Plannin Board of Ramapo, supra, the Court of Appeals of New York sustained limitations on development which would last for eighteen years. In that case, the Town of Ramapo showed that it had adopted a capital budget for the location and sequence of sewer improvements for a six year period, and a capital program for additional capital improvements for the twelve years following the life of the capital budget. In Iowa City's case, the 1983 Comprehensive Plan Update, which was approved by the City Council on February 15, 1983, contains a capital improvements program (CIP) schedule which allows compact and contiguous growth of the City. In summary, we believe the City Council clearly has power to enact the AG zone restrictions, and. that the validity of such restrictions is supported by both the language of the State zoning enabling act (Code Chapter 414, esp. Sec. 414.3) as well as the cases cited. __ 3137 Gi Board of Adjustment Functions and Powers. Code sections 414.7-414.19 relate to boards of adjustment. Section 414.7 provides that a zoning ordinance "shall provide that the board of adjustment may in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances [sic] in harmony with its general purpose and intent and in accordance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the council in the adoption of such regulations and restrictions may petition the said board of adjustment direct to modify regulations and restrictions as applied to such property owners." Code Section 414.12 lists the powers of the board of adjustment as follows: 111. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination. made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto. 2. To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. 3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done." Thus, the powers granted to boards of adjustment by statute are to (1) interpret the zoning ordinance, (2) decide on requests for special exceptions, and (3) grant variances. In exercising its powers the board may "reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all of the powers of the officer from whom the appeal is taken." Code Sec. 414.13. 1. Interpretation. The proposed ordinance, as does the current ordinance, provides a zoning code interpretation panel, (Proposed Ord. Sec. 1.3.1(2)(2); City Code of Ordinances Sec. 8.10.3.A.84) to interpret the ordinance for purposes of internal administration. By direction of the City Manager, the panel, consists of the City Attorney, the Director of Planning and Program Development, and the Director of Housing and 3W Inspection Services. In cases in which the panel cannot reach unanimous decision, the City Manager renders the decision. However, final administrative authority for interpreting the ordinance lies in the board of adjustment, which may be asked to review a zoning code interpretation panel (or city manager) determination, or to review the propriety of either the grant or denial of a building permit where such action is based upon the zoning ordinance. Special exceptions. The second major power of boards of adjustment is to hear and decide applications for special exceptions. "An 'exception' in a zoning ordinance is one allowable where facts and circumstances detailed in the ordinance, as those upon which an exception may be permitted, are found to exist." Re Deveraux Foundation, 351 Pa. 478, 41 A.2d 744, 746 (1945). Special "Exceptions are deviations from the generally authorized use in a zone specifically permitted by the local legislature when it enacts the zoning ordinance." 1A Antieau, Municipal Corporation Law, Sec. 7.99, p. 7-144. A special use is the same thing as a special exception. Buchholz v. Board of Ad j_ ofBremer County, 199 N.W.2d 73 (Iowa 1972 . "The fundamental purpose of the special exception or use is to serve in an ancillary role as an allocator of land use, and is generally used to accomplish use changes without formal amendment by the council."CCity of Des Moines v. Lohner, 168 N.W.2d 779, 784 (Iowa 1969). Under Chapter 414 of the Code, the legislature has delegated to the board of adjustment exclusive jurisdiction over special exceptions. Depue v. City of Clinton, 160 N.W.2d 860 (Iowa 1968). Thus, the question is not whether the council may, in the zoning ordinance, allow special exceptions, rather it is whether the power to grant special exceptions is "accompanied by sufficient guides or standards to govern the board's actions. This to the end interested parties may be able to reasonably determine their rights and they will not be left to the board's arbitrary discretion." Chicano, Rock Island & Pacific R.R. Co. v. Liddle, 253 Iowa 402, 112 N. W. 2d 852, 854 1962). In the proposed ordinance, as authorized by Code Sec. 414.7, there are numerous special exceptions provisions, all of which 3/37 are subject to either specific requirements (e.g. Sec. 1- 4(d)(1) (p. 19) requiring that communications towers be located at least as far from property lines as their height above grade) and/or general requirements (Sec. 1-79(g)(2), pp. 177-178) which are intended to ensure that the uses permitted as special exceptions will be compatible with uses of nearby properties. Further, the board is empowered, where appropriate, to condition the grant of a special exception upon certain safeguards (such as installation of fencing or screening) which can minimize the impact of the proposed use upon surrounding uses. The important point to remember about special exceptions is that an applicant is entitled to establish the use if he/she demonstrates to the board that the conditions set forth in the ordinance have been met. "The board of adjustment merely serves as a factfinder to assure that the requisite conditions are met." Contemporary Studies Project, Rural Land Use Regulation in Iowa: An Empirical Analysis of County Board of Adjustment Practices, 68 Iowa L. Rev. 1083, 1139 (1983) [hereinafter cited asp C�mporary Studies Project"].* 3. Variances. According to a leading authority on zoning matters "A variance is the authority granted to the owner of land to use his property in a manner otherwise violative of the zoning regulations. The variance waives the strict letter of the zoning ordinance while at the same time it preserves the spirit and purpose thereof." 3 Yockley, Zoning Law and Practice (4th Ed. 1979), Sec. 21-2, p. 264 [hereinafter cited as Yockley]. Yockley further states (Sec. 21-1, pp. 262-263): "Perhaps the most troublesome feature of our zoning laws, especially in practical application, lies in the proper apprbach to the 'problem of how to handle the many requests for variances. So many requests reach the zoning boards for variances not based on any real need that it is inevitable that many variances are improperly granted because of the personal financial plight of the applicant and the failure of protestants to appear before the board. With the possible exception of 'spot zoning,' nothing can *Code chapter 358A, relating to county zoning, is essentially identical to the municipal zoning chapter - 414, Gannett v. Cook, 245 Iowa 750, 61 N.W.2d 703 (1953). ,3/3% contribute more to the general breakdown of the zoning system in any municipality than the indiscriminate practice of granting variances without cause or reason other than the personal desire of the applicant to receive some special advantage. This does not mean, however, that there are not many instances where variances are lawful and proper under the facts. * * a x It has been said that to preserve the validity of the zoning ordinance in its application to the community in general, the variance provision of the enabling act s functionas an 'escape valve so that when regulations that apply to all are unnecessarily burdensome to a few because of certain unique circumstances a means of relief from the mandates of the ordinance is provided." Yockley (Sec. 21-1, pp. 262-263) also states "The true variance is designed to preserve the constitutionality of zoning legislation. It is invoked to avoid the confiscatory effect that would follow a literal enforcement of some term of a zoning ordinance operating to deprive an owner of all beneficial use of his land." The same principles apply in Iowa. "In contrast to a special exception, a variance is an extraordinary remedy, justified only in 'situations of 'unnecessary hardship.' Contemporary Studies Project, supra, p. 1140; accord, Deardorf v. Board of Adjustment, 254 Iowa 380, 386, 118 9.W.2d 78, 81—F1962); Buchholz V. Board of Adjustment, 199 N.W.2d 73, 75 (Iowa 197 "There are two basic types of variances: 'use' variances which permit uses that are otherwise illegal according to the zoning ordinance, and 'area' variances - sometimes referred to as 'bulk' or 'nonuse' variances - which customarily involve departures from the physical restrictions imposed by by the ordinance, such as lot size, height, or setback requirements." Contemporary Studies Project, supra, p. 1141. Although there is some overlap between use and area variances, the Iowa statute does not distinguish between the two (Graziano v. Board of Adjustment, 323 N.W.2d 233, 236 (Iowa 1982 , however, use variances are generally considered to have a more destructive impact on the zoning ordinance and land use plan because they allow uses that have been judged by the legislative body (i.e., the council) to be incompatible with the other uses in the zoning district. ,3/.37 As noted above, variances may only be granted upon a showing of "unnecessary hardship." See Iowa Code Sec. 414.12(3). However, the term unnecessary hardship is not defined in the Iowa statute, so courts and local authorities have been responsible for providing meaning to the term. The most widely accepted definition of the term was articulated in a New York case (Otto v. Steinhibler, 282 N.Y. 71, 24 N.E.2d 851 (1939)) which sets forth three tests for showing unnecessary hardship. 1. The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone in which it is located; and 2. The plight of the owner is due to unique circumstances and not to general conditions of the neighborhood, which may reflect the unreasonableness of the ordinance itself; and 3. The use to be authorized by the variance will not alter the essential character of the locality. "The unnecessary hardship test is stated conjunctively; therefore, the absence of any one element is fatal." Contemporary Studies Project, supra, p. 1185. The Iowa Supreme Court adopted the Otto v. Steinhiller test in Deardorf v. Board of Adjustment, supra; accord, Graziano v. Board of Adjustment, supra. Although the Iowa Court has not discussed the exact meaning of each of the prongs of the so-called "three pronged test" for showing unnecessary hardship, courts in other states have. The reasonable return requirement generally means that a petitioner must show that the property is not suitable for any permitted use, and such requirement is unrelated to personal considerations since variances run with the land. The fact that a property owner is denied a more profitable use is not a lack of a reasonable return. "Economic hardship will not justify a variance unless the property is rendered practically useless." Contemporary Studies Project, supra, p. 1187. Yockley, sec. 21-1. Unique circumstances means that an owner's property is affected differently than property of other owners subject to the same restrictions. If the hardship is common to an entire area, the appropriate remedy is rezoning, not a variance. "When variances are issued in cases of common hardship, special privileges are awarded to a handful of property owners at the expense of those who are still subject to the restrictive provisions of the ordinance." Contemporary Studies Project, supra, pp. 1187-1188. Again, the circumstances of uniqueness 3/3% must relate to the land and not to the personal circumstances of the petitioner. The essential character of the locality requirement is intended to protect the private interest of neighboring property owners from the encroachment of incompatible uses, and to protect the public interests underlying the zoning scheme. For example, a variance to allow a commercial use in a residential area may decrease property values, thereby infringing on the rights of neighbors, and it may also be contrary to the public interest because it creates dangerous traffic congestion. Contemporary Studies Project, supra, p. 1189-1190. With respect to use variances, the proposed ordinance incorporates the Otto v. Steinhibler/Deardorf criteria into the variance provisions (Sec. 1-79(g)(3)a-b, p. 179). In addition, as part of the unnecessary hardship test, the proposal requires that the hardship not be of the landowner's own making, which is another way of saying that a hardship which is self-imposed cannot be considered unnecessary. Finally, even though the proposed ordinance would allow special exceptions to the yard and area requirements (see sec. 1-62(b), p. 153), in an attempt to avoid imposing unduly stringent requirements on applicants for other than use variances (i.e., for area variances), the proposed ordinance substitutes for the reasonable return requirement a requirement that the applicant show "practical difficulties in the way of carrying out the strict letter of this Chapter." The other requirements - not contrary to the public interest, uniqueness of the property, and hardship not self-imposed - are still retained. In a Nebraska case (Alumni Control 8d., Alpha Psi Chapter v. City of Lincoln, 179 Neb. 194, 137 N.W.2d 800, 802 (1965)Tthe court said: "The criteria generally and properly before a board of appeals on an application for a variance from area restrictions of a zoning code are: (1) Whether compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome; (2) whether a grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the district, or whether a lesser relaxation than that applied for would give substantial relief to the owner of the property involved and be more consistant with justice to other property owners; and (3) whether relief can be granted in such a fashion that the spirit of the ordinance 3137 10 will be observed and public safety and welfare secured. 2 Rathkopf, The Law of Zoning and Planning (3rd Ed.), 45- 28." The area variance tests are, then, still quite stringent, but do not present an applicant with the practically insurmountable task of showing that the property cannot be put to any reasonable use allowed in the zone. Further, as noted above, the board of adjustment is authorized to grant a special exception to modify yard requirements (Prop. Ord. Sec. 1-62(b), p. 153) so we anticipate few area variance requests. One other comment should be made, and that regards an objection to Sec. 1-33 (p. 82) relating to variances from the requirements of the Floodplain Overlay (OFP) Zone regulations. Iowa Code (1983) Section 4558.276 requires that floodplain zoning ordinances be reviewed and approved by the Water, Air and Waste i Management Commission, and that "Changes or variations from an approved regulation or ordinance as it relates to flood plain use aresubject to approval by the commission prior to adoption." Thus, the OFP regulations merely reflect state law and are subject to the overriding authority vested in the commission. C. Nonconformities Basically these sections are the same as current ordinance. However, because of the non -pyramidal nature of the new ordinance, certain uses permitted now will not beallowed, e.g. the current ordinance allows detached single family residences in all zones except the CO, CB, CBS, IP, PC and ORP zones, while the new ordinance allows such dwellings only in the RR -1, RS -5, RS -8, RS -12, RM -12, RM -20 and RNC - 20 zones. Thus, such use is not permitted in high density residential, commercial or industrial zones. The nonconformities section was drafted to exempt existing single family dwellings from being treated as nonconformities either as to use or lot or building. That is, such dwellings may continue umimpeded so long as single family use continues. Further, the ordinance raises from 50% to 100% of its assessed value the level or amount of damage which must be sustained before a nonconformity must be discontinued. Super -majority voting requirements The current zoning ordinance (Sec. 8.10.32.8.) in conformity with State law (Code sec. 414.5), provides that at least three-fourths of the members of the council are needed to approve any rezoning request where there is a written protest against such change by the owners of twenty percent or more either of the area included in such change, or 3/37 11 i bj/sp of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed two hundred feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred feet from the street frontage of such opposite lots. The current ordinance also requires a three-fourths majority of council members for approval where the planning and zoning commission recommends against an amendment. The proposed ordinance (Sec. 1-76(b)) includes similar "super - majority" requirements, and also would require a super -majority if twenty percent or more of adjacent lot owners on either side of an area proposed to be rezoned protest the rezoning. 3/3�