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HomeMy WebLinkAbout2008-11-18 OrdinancePrepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ESTABLISH A MINIMUM PARKING REQUIREMENT FOR HOUSEHOLD LIVING USES IN THE CENTRAL BUSINESS (CB-10) ZONE AND TO AMEND THE DEFINITION OF "HOUSEHOLD" TO REDUCE THE NUMBER OF UNRELATED PERSONS ALLOWED TO RESIDE IN ONE DWELLING UNIT FROM FIVE(5) UNRELATED PERSONS TO THREE (3) UNRELATED PERSONS IN THE COMMUNITY COMMERCIAL (CC-2), CENTRAL BUSINESS SERVICE (CB-2), CENTRAL BUSINESS SUPPORT (CB-5) AND CENTRAL BUSINESS (CB-10) ZONES WHEREAS, the Central Business District is intended to be the hi h density, compact, pedestrian- oriented shopping, office, serv ce and entertainment area in Iowa City a provide opportunities for a wide range of retail service, office an residential uses; and WHEREAS, the location of e University campus in close proxi ty to the downtown in combination with the current occupancy and rking standards for residential us s create an incentive to develop or redevelop property in the downto in a manner intended primar~ for residential apartments for short term residents with less emphasis providing quality commerci space or residential dwellings for long term residents; and WHEREAS, there is a desire to m the downtown to ensure the long term e WHEREAS, it is common practice prevent overcrowding, to control parking an area; and intain a market fora de variety of businesses and residents in c nomic health of the owntown; and control maxim occupancy within residential dwellings to an traffic conge ion, and to maintain a certain character within WHEREAS, the City's parking policy in fl customer parking in strategically located stru downtown area and prevent large surface p mainstreet character of the downtown; and WHEREAS, parking demand from residE parking demand generated by businesses in parking; and Centr Business District has been to publicly provide res, n order to serve and support businesses in the ino lots from detracting from the pedestrian-oriented, ng downtown is fundamentally different from the ie residential demand is for dedicated, long term WHEREAS, with an increased demand f resident I uses in the downtown area beyond what was originally anticipated when the current Cen I Business egulations were adopted, and the consequent request for development and redevelopm nt of buildings hat will contain large numbers of residents, provision of additional parking on-site or i convenient locatio s adjacent to residences is needed. NOW, THEREFORE, BE IT ORD ED BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinan es of the City of Iowa City, wa is hereby amended as follows: A. Amending Article 14-9 ,General Definitions, by de ting the definition rof "Household" and substituting in lieu the of the following definition: HOUSEHOLD: In the ID, RR-1, S Zones, RNS-12, RM-12, MU, CN-1, C -2, CB-2, CB-5, and CB-10 Zones a Household is fined as: • One Hers n; or • 2 or re persons related by blood, marriage, adoption or pl cement by a governmental or soci service agency plus up to 1 unrelated person, occupyin a dwelling unit as a single h sekeeping organization; or • a group of not more than 3 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RNS-20, CO-1, and RM-20 Zones a Household is defined as: ~-~~ ., ~4 ~. ~ ~ ` a ,. , Ordinance No. Page 2 • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 2 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 4 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or A group of persons that meet the definition of a Group Household, as defined in this Title. In the RM-44 and PRM Zones a Household is defined as: • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 3 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of of more than 5 persons unrelated by blood, marriage, or adoprion,~occupymg a dwelling uni s a single housekeeping organization; or ~ • A group of per ns that meet the definition of a Group Household, as def ed in this Title. B. Deleting subsection 14 E-9C, and substituting in lieu thereof: C. The maximum occupanc , as determined by the Building Official sed on the applicable regulations effective Aug st 25, 2008, will be applied to any r idential use for which a valid building permit was issued nor prior to August 25, 2008 a or for which a valid rental permit was issued prior to (insert e ctive date of this ordinanc ,the effective date of the current maximum occupancy regulati ns. For such uses, legal onconforming rights will be granted for this maximum occupancy. C. Deleting subsection 14-5A-4B, Mi imum Requir ents, and substituting in lieu thereof: B. Minimum Requirements 1. Table SA-2 lists the minimum par ~n equirements and minimum bicycle parking requirements for the land use or uses on propert in all zones except the CB-5 and CB-10 Zones. For some land uses, the minimum parking q ' ements differ based on the zone in which the property is located. 2. In the CB-5 and CB-10 Zo s, parking is of required for any land use, except for Household Living Uses, as specifie m Table SA-l, elow. 3. In the CB-10 Zone, o -street parking must eet the standards specified in 14-SA-3D. D. Deletin Table 5A-1, d substitutin in lieu th eof: th -5 and CB-10 Zones Table 5A-1: M USE CATEGORIES inimum Parkin Requi SUBGROUPS rements in e Parking Requiremen Bicycle Parking Residential Uses Household Living Multi-f ily CB-5 and Efficiency,1-bedroom, and 2- edroom units: 1 space per dwelling unit. Uses Dwell ngs CB-10 3-bedroom units: 2 spaces pe dwelling unit 1.0 per d.u. Zones Units with more than 3 bedroo s: 3 spaces per dwelling unit Elder Apartments:1 space for very 2 dwelling units, E. Deleting subsection 14-5A-3D, CB-10 Zone, and substituting in lieu thereof: D. CB-10 Zone 1. Off-street parking is not required for any Use, except Household Living Uses, as specified in Table SA-1. Ordinance No. Page 3 2. Private, off-street parking is permitted only after approval of a special exception, except for Hospitality-Oriented Retail Uses and Household Living Uses as specified in the following paragraphs. 3. Hospitality-Oriented Uses are allowed up to 1-1/4 parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subparagraphs Sb. through e., below. Any parking spaces requested beyond this maximum must be approved by the Board of Adjustment as a special exception and meet all of the approval criteria listed in paragraph 5, below. 4. Household Living Uses must provide parking according to the specified requirement in Table SA-1. The proposed parking must meet the standards specified in subparagraphs Sb. through e., below. An off-site parking proposed according to the provisions of 14-SA-4F, Alternatives to inimum Parking Requirements, may only be approved by special exception. Off-site parking i a municipally owned parking facility may only be appro ed if there is capacity in the faci 'ty for long term parking and leases have been secure from the City. 5. In addition to the gener 1 special exception approval criteria specified in Article 14-4B, applications for a sped exception for private off-street parking in t CB-10 Zone must meet the following specific ap oval criteria: a. The applicant must dem nstrate through a parking demand an sis that the number of parking spaces requeste does not exceed the demand for p king for the specific building or project proposed and t at the parking demand cannot b satisfied through the public parking system. Short to parking demand is preferre to be satisfied through the public parking system. b. Surface parking is not permitte c. Underground parking is preferre ov underground parking must not de level floor of the building. To that level may not extend more than 1 fr sloping building sites and for exists: However, on sloping sites at least a building must be located no more or pedestrian plaza; and the flo h. above-gro nd structured parking. The design of any from or revent active building uses on the ground- s, the sling height of any underground parking no more than 3 feet above t level of f any point along astreet- ing building e the level of the adjacent sidewalk. On ings, the City may adjust this requirement. of the ground level floor height of any new foot above the level of the abutting sidewalk the ground level floor of the building must be .butting public sidewalk or pedestrian plaza at d. Above-ground struc d parking maybe app for which the par ~ g is being requested has structured park' gin the FAR calculation. e. Where parks is located within the exterior apply: ed only if the specific project or building FAR of at least 7, excluding any of a building, the following standards (1) T proposed structured parking will not d~tract from or prevent ground floor torefront uses. Structured parking maybe permitted on the ground-level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. Parking is not allowed within the first 50 feet of lot depth as measured from the front building line. (2) Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening maybe allowed along the primary street frontage, if it is determined that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street. Garage openings shall be built to the minimum width necessary for access. Ordinance No. Page 4 (3) Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through the use of building materials, window openings and facade detailing that is similar or complementary to the design of the building. (4) Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than 10 feet. Stop signs and appropriate pedestrian warning signs maybe required. F. Deleting subsection 14-2C-1 I., Central Business Zone (CB-10), and substituting in lieu thereof: I. Central Business one (CB-10) The purpose of the entral Business Zone (CB-10) is to be the high density, compact, pedestrian- oriented shopping, o ice, service and entertainment area in Iowa City. Development and redevelopment in this one should occur in compact groupings, in order to intensify the density of usable commercial spac s, while increasing the availability of open spaces, plaza or pedestrianways. This zo is intended to accommodate a wide range of retail, se ice, office and residential uses. Auto-orie ted uses are not permitted, except as specifically pr vided. Consolidated off-street loading and servi facilities should be provided wherever practica with access provided from public service alleys or ourts. Private, off-street parking is strictly re lated in order to preserve valuable land for act e building uses and to maintain a pedestr~ n-oriented streetscape. To support a healthy and vibrant c mmercial core, development of mixed se buildings with residential uses located above storefront co ercial uses is encouraged. G. Deleting subsection 14-2C-8F, P king in the CB-10 Zone, an substituting in lieu thereof: F. Parking in the CB-10 Zone Off-street parking is strictly regulat in the CB-10 Zone ccording to the procedures and standards listed in Article 14-SA, Of street Parking a Loading Standards. H. Deleting paragraph 14-5A-4F-1 ., Off-si Parking, d substituting in lieu thereof: 1. Off-Site Parking `, Off-street parking maybe located on a se ar lot from the use served according to the following rules. When the proposed off-site parkin located in a Residential Zone, the Board of Adjustment may grant a special excep ' n f the proposed parking, provided the conditions contained in subparagraphs a. thro g. are et. When the proposed off-site parking is located in or intended for a use located i e CB-10 Zo e, the proposed parking must meet the conditions contained in subparagraphs .through g., belo ,and the approval criteria as specified in 14-SA- 3D. When the proposed -site parking is loc ted in an Industrial Zone, Research Zone, or Commercial Zone, othe than the CB-10 Zone, e Director of Planning and Community Development may ap rove the proposed parkin provided the conditions contained in subparagraphs a. ough g. are met. Deleting subpar raph 14-5A-4F-1 e., Off-site P king Located in a Municipally-owned Parking Facility, ands stituting in lieu thereof: Off-Site P king Located in a Municipally-Owned Parking Facility In inst ces where a use is within 600 feet of a City-owned parking area, up to 50 percent of the requyfed number of parking spaces may be provided in the parking facility. When a use abuts a City-owned parking area, up to 100 percent of the required number of parking spaces maybe provided in the parking facility. When an applicant requests to provide off-street parking in a City- ownedparking facility, the City Manager or designee must substantiate that with the addition of the requested number of parking spaces the capacity of the parking facility will not be exceeded. In the CB-10 Zone, said parking requested to meet minimum parking requirements for residential uses may only be approved by special exception and only if there is capacity in the subject facility for long term parking and leases have been or will be secured from the City. Ordinance No. Page 5 J. Deleting subsection 14-7B-7D, In Lieu Payment, and substituting in lieu thereof: D. In-Lieu Payment In order that available land in the Near Southside Parking Facility District is intensively used, and that a portion of residential parking is combined in a City off-street parking facility or facilities, rather than scattered throughout the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid for a minimum of 75% of the parking spaces otherwise required according to Article 14-SA, Off-street Parking and Loading Standards, for residential uses in the CB-5 and CB-10 Zones; if fewer than 25% of the required spaces are provided on site, the fee shall be increased accordingly and if more than 25% of the required spaces are provided on site, the fee shall be 75%. In lieu of providing 50% of the parking spaces otherwise required according to Article 14-SA, Off-street Parking and Loading Standards, for residential uses in all other zones of the Near Southside Parking Facility District, a fee shall be p d. The City Council rther finds that this parking facility impact fee is reasonably and rati ally related to the increased o treet parking need or impact created by said new residential d elopment. K. Deleting subsectio~i X14-7B-7E, Formula, and substituting in lieu E. Formula The total residential par g facility impact fee required by this Art' e shall be calculated by multiplying the number of arking spaces otherwise required for sidential uses according to Article 14-SA, Off-street Par 'ng and Loading Standards, by 7 /o in the CB-5 and CB-10 Zones and by 50% in all other zones i the Near Southside Parking acility District, and multiplying that product by the per space parking cility impact fee amou , as expressed in the formula: (RPS x 0.75) RIF= TRF or (RPS x 5) RIF = TRF, wh e: RPS =the number of parking spaces o erwise requi d according to Article 14-SA, Off-street Parking and Loading Standards, for the sidential se; RIF =the per space residential parking fa ' ity ' pact fee for residential uses; and TRF =the total residential parking facility ir~act fee required by this Article. L. Deleting subsection 14-7B-11A, On-s~Parkin~Spaces, and substituting in lieu thereof: A. On-site Parking Spaces Notwithstanding provisions of Zoning Ordinance hich maybe to the contrary, payment of the residential parking facility im ct fee shall require the sidential fee payor to provide between 15% and 25% of the parking spa es otherwise required in the B-5 and CB-10 Zones; an additional 10% of required parking spac maybe provided on-site; howe er, the fee shall not be reduced. No fewer than 50% of the arking spaces otherwise required fo residential uses on the site in all other zones within the Ne Southside Parking Facility District sh 1 be provided on-site. All ordinances and parts of ordinances in~conflict with the provisions of this Ordinance are hereby repeal d. SECTION IV. SEVE ILITY. If any section, provision or part of the dinance shall be adjudged to be invalid or unconstitution~ , such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 20 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office City of Iowa City MEMORANDUM Date: October 16, 2008 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Christina Kuecker, Associate Planner RE: Proposed amendments to the parking requirements in the CB-10 Zone and occupancy standards in the Central Business Zones and Community Commercial Zone Concerns about the adequacy of the Central Business District (CB-10) zoning standards have surfaced during recent rezoning requests (Hieronymus Square, 301 S. Dubuque, and 228 E. Court St.). Issues of concern related to the appropriate mix and density of residential development, and whether parking policies are adequate to address the parking demand for increased residential development in the Central Business Zones. There were also questions about design of new buildings and whether the current regulations are adequate to address buildings that are taller than 4 or 5 stories. During these discussions a number of common themes emerged and a general consensus was reached on the following points: ^ There is a desire to maintain the historic pedestrian-friendly storefront commercial character of the downtown. Residential development in the downtown area is good for downtown businesses. However, with market demand for apartments highest near the University and current occupancy standards in the Central Business Zones that allow up to five unrelated persons within each apartment, there is an incentive to maximize residential occupancy and minimize commercial space within new buildings. There is a question whether this tendency to create token commercial space is conducive to healthy downtown business growth over the long term. The current occupancy standards for the Central Business Zones and the Community Commercial Zone encourage dorm-style apartments with 4 and 5 bedrooms. Due to the proximity of the University campus to the downtown, there is an incentive to build dorm-like apartments with a large number of bedrooms and bathrooms, while minimizing living, dining, and kitchen space. This type of living environment tends to be attractive only to short term residents. It makes economic sense to diversify the mix of housing downtown. We need a balance of student and non-student housing that will support a vibrant and diverse commercial core. There is a concern that if apartments are built solely to serve university students, particularly younger undergraduates, that the downtown will evolve into a campus town with goods and services geared mainly toward students rather than for the wider community. ^ The success of Plaza Towers suggests that a market exists for a different sort of high-rise residential development downtown. In other words, constructing apartments and condominiums designed for and including amenities suited to long October 10, 2008 Page 2 term residents would diversify the housing stock and help support the type of retail commercial development envisioned by the Comprehensive Plan for the downtown and the Near Southside. One of those amenities important to capture permanent, non-student residents is dedicated parking for residents within mixed use buildings. Currently, however, there is no minimum parking requirement in the CB-10 Zone for residential development. Rather than delaying recent rezoning requests until these issues could be addressed with appropriate changes to the zoning ordinance, the Commission recommended entering into conditional zoning agreements that would limit apartment size to efficiencies, 1-, 2-, and 3- bedroom apartments and disallow 4- and 5-bedroom apartments. In addition, recognizing that providing some parking on-site for residents is necessary to prevent undue competition for parking spaces that might adversely affect the amount of short term parking available for shoppers and visitors to downtown businesses and that providing dedicated parking spaces is essential to attracting long term residents, the Commission recommended that certain parking requirements apply to these proposed buildings. While a more comprehensive examination of the Central Business standards is necessary to address building design, setbacks, parking policies, and business and housing mix, there are several simple changes to the ordinance that can be made right now that will begin to address some of the concerns. These changes include: ^ Amending the definition of "Household" for the Central Business Zones and the Community Commercial Zone to reduce the number of unrelated persons allowed to reside within each dwelling unit from five to three. ^ Establishing a minimum parking requirement in the CB-10 Zone for residential uses similar to what is required in the CB-5 Zone. Changes to Occugancy Standards It is not unusual for cities to regulate the number of unrelated persons allowed within a dwelling unit. Many cities have occupancy ordinances to prevent overcrowding, to avoid parking and traffic congestion, and/or to maintain a certain character in residential and commercial areas. We checked a number of both college and non-college cities in the region and found that quite a few limit the number of unrelated persons within a dwelling unit to less than five citywide or within certain zones. Ames, West Des Moines, Moline, Bettendorf, Rock Island, Urbana, La Crosse, Cedar Falls, Waterloo, Champaign, Des Moines, and Madison all have limits on the number of unrelated persons allowed within a dwelling unit. In Iowa City, the maximum occupancy for every Household Living Use (single family house, duplex unit, apartment, condo, etc.) is one "household." The definition of household is the same for every zone, exce t for the number of unrelated persons allowed to live within a dwelling unit. In all single family zones, the Low Density Multi-Family (RM- 12) zone, and the Mixed Use (MU) and Neighborhood Commercial (CN-1) Zones, up to three unrelated persons are allowed to reside within one dwelling unit. In the medium density multi-family zones and the Commercial Office (CN-1) Zone up to 4 unrelated persons are allowed to reside within one dwelling unit. In the highest density multi-family zones (RM-44 and PRM) and in the Central Business Zones (CB-2, CB-5, CB-10) and the October 10, 2008 Page 3 Community Commercial Zone (CC-2) up to five unrelated persons are allowed within a dwelling unit. To bring a better balance between commercial uses and residential uses in mixed use buildings and to encourage housing for a variety of residents in commercial areas, particularly the central business zones, staff recommends amending the definition of household to reduce the number of unrelated persons from five to three in the CB-2, CB-5, CB-10, and CC-2 Zones. The zones intended for high density multi-family residential (RM- 44, PRM) would remain at 5 unrelated persons per dwelling unit and the medium density multi-family residential zones (RM-20, RNC-20) would continue to allow up to 4 unrelated persons per dwelling unit. To ensure that existing rental units that have more than 3 bedrooms per unit are not affected by this change, we recommend amending section 14-4E-9 to essentially grandfather in these existing developments. Parking Requirements in the CB-10 Zone The City's current policy on parking in the Central Business District is that the vast majority of parking should be provided in public parking facilities and not on privately owned land. This policy reflects a desire to enable and encourage intensive use of valuable downtown property and not have that land consumed by parking, particularly surface parking spaces. Given this policy, the City has made an effort to provide adequate parking in the downtown through the construction of public parking facilities that concentrate parking in central locations that are convenient to shopping and services. These parking facilities represent a substantial public investment. Because of this policy, private, off-street parking is not required for individual buildings in the CB-10 zone, nor is it permitted except through the special exception process. These restrictions on private parking are intended to carry out this land use policy and ensure that public investment in parking facilities is not compromised. That being said, developers often recognize that providing some parking on-site contributes to the marketability of commercial and residential units within a downtown building. The criteria established in the zoning code for approval of a special exception for parking in the CB-10 Zone are intended to protect the viability of the public parking system, encourage the greatest intensity of use of downtown properties, and yet allow parking on private property in fairly circumscribed instances. One instance where on-site parking may be particularly important is when trying to attract long term residents to live downtown. While one of the attractive aspects to living downtown may be the ability to reduce reliance on the automobile, many people will still own a car and need a place to park in a place that is convenient to their residence. The absence of a parking requirement for residential uses in the CB-10 Zone creates another incentive to build apartments that are designed primarily for short term renters, for whom the lack of a dedicated parking space is not enough of a disincentive to outweigh the benefits of living close to campus, short term work opportunities, and/or entertainment venues. Since it is likely that the City will continue to receive requests for new residential developments in the Central Business District, staff recommends adding a minimum parking requirement for residential uses similar to what is required in the CB-5 Zone. We October 10, 2008 Page 4 recommend that the parking be reviewed and approved by special exception to ensure that the location, access, and design of the parking area be carefully tailored to function within the Central Business District. Adding a requirement for residential uses will ensure that a minimum number of parking spaces are provided on-site for residents of the building, help prevent spillover parking in surrounding neighborhoods and undue pressure on the public parking system, which is intended primarily to serve the short term parking demand for customers of downtown businesses. Staff Recommendation Staff recommends approval of the attached changes to the zoning code. Proposed new language is underlined and language to be deleted is shown with strikethrough notation. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Amend the definition of "household" as fol%ws: HOUSEHOLD: In the ID, RR-1, RS Zones, RNS-12, RM-12, MU, CN-1, CC-2 CB-2 CB-5, and CB-10 Zones a Household is defined as: • One person; or • 2 or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 1 unrelated person, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 3 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or A group of persons that meet the definition of a Group Household, as defined in this Title. In the RNS-20, CO-1, and RM-20 Zones a Household is defined as: • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 2 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 4 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RM-44 and PRM ~'' '' `~` ' `'~ ` '' `~° '" Zones a Household is defined as: • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 3 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 5 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. Amend 14-4E-9, Regulation of Nonconforming Residential Occupancy, as follows: A. The maximum occupancy of a Residential Use is determined by the Building Official according to the definitions and regulations contained in Title 14: Zoning, and the regulations contained in Title 17: Building and Housing. Nonconforming rights are only granted to those uses for which the residential occupancy has been officially determined by the Building Official and has been recorded on the most recent rental permit, except as allowed in subsection C, below. All other Residential Uses must comply with the current, applicable residential occupancy standards of Title 14 and Title 17. If a rental permit for a dwelling unit, upon which legal nonconforming occupancy is based, is discontinued, abandoned, revoked, or cancelled, said dwelling unit must thereafter comply with the current, applicable occupancy standards as set forth in the City Code. B. A residential dwelling unit that is legally nonconforming with regard to the residential occupancy standards as described in subsection A or subsection C of this section may continue with the same occupancy as indicated on said rental permit or as determined under the provisions of subsection C, below. C. The maximum occupancy, as determined by the Building Official based on the applicable regulations effective August 25, 2008 "" "', """~ will be applied to any residential use for which a valid building permit was issued on or prior to August 25, 2008 ""~ "" ', '^"` and/or for which a valid rental permit was issued prior to (insert effective date) ^ '°, '"^`, the effective date of the current maximum occupancy regulations. For such uses, legal nonconforming rights will be granted for this maximum occupancy. Amend 14-SA-3D, Maximum Parking Allowed, as fol%ws: D. CB-10 Zone 1. Off-street parking is not required for any Use, except Household Livina Uses, as specified in Table SA-1. 2. Private, off-street parking is permitted only after approval of a special exception, except for Hospitality-Oriented Retail Uses and Household Livina Uses as specified in the following Para raphs. 3. Hospitality-Oriented Uses are allowed up to 1-1/4 parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subparagraphs 5b. through e., below. Any parking spaces requested beyond this maximum must be approved by the Board of Adjustment as a special exception and meet all of the approval criteria listed in paragraph 5, below. 4. Household Livina Uses mus~rovide~arking according to the specified requirement in Table 5A-1 The~roposed parkina must meet the standards specified in sub~araaraphs 5b through a below Anv off-site parkina ,proposed according to the~rovisions of 14-5A-4F, Alternatives to Minimum Parking Requirements may only be approved by special exception. Off-site parking in a municipally owned parking facility may only be approved if there is capacity in the facile for long term parkina and leases have- been secured from the City. 5. In addition to the general special exception approval criteria specified in Article 14-4B, applications for a special exception for private off-street parking in the CB-10 Zone must meet the following specific approval criteria: a. The applicant must demonstrate through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. Short term parking demand is preferred to be satisfied through the public parking system. b. Surface parking is not permitted. c. Underground parking is preferred over above-ground structured parking. The design of any underground parking must not detract from or prevent active building uses on the ground-level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along astreet-facing building facade. d. Above-ground structured parking may be approved only if the specific project or building for which the parking is being requested has an FAR of at least 7, excluding any structured parking in the FAR calculation. e. Where parking is located within the exterior walls of a building, the following standards apply: (i) The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground-level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. Parking is not allowed within the first 50 feet of lot depth as measured from the front building line. (2) Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street frontage, if it is ~e-Bear determined that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street. Garage openings shall be built to the minimum width necessary for access. (3) Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through the use of building materials, window openings and facade detailing that is similar or complementary to the design of the building. (4) Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than 10 feet. Stop signs and appropriate pedestrian warning signs may be required. Amend 14-5A-48, Minimum Requirements, as follows: A. Purpose The minimum parking requirements are intended to ensure that enough off-street parking is provided to accommodate most of the demand for parking generated by the range of uses that might locate at a site over time, particularly in areas where sufficient on-street parking in not available. The minimum parking requirements are also intended to ensure that enough parking is provided on a site to prevent parking for non-residential uses from encroaching into adjacent residential neighborhoods. B. Minimum Requirements 1. Table 5A-2 lists the minimum parking requirements and minimum bicycle parking requirements for the land use or uses on properties in all zones except the CB-5 and CB-10 Zones. For some land uses, the minimum parking requirements differ based on the zone in which the property is located. 2. In the CB-5 and CB-10 Zones, parking is not required for any land use, except for ~4t~i-Fami+y~ Household Livina Uses, as specified in Table 5A-1, below. 3. In the CB-10 Zone, off-street parkins must meet the standards~ecified in 14-5A-3D. Amend Table SA-1, as fol%ws: Table 5A-1: Minimum Parkin Re uirements in the CB-5 and sirs-~u pones Bicycle USE SUBGROUPS Parking Requirement Parking CATEGORIES Residential Uses Household Living Multi-family CB-5 and Efficiency,1-bedroom, and 2-bedroom units:1 space per dwelling unit. 1.0 per Uses Dwellings CB-10 3-bedroom units: 2 spaces per dwelling unit d.u. Zones Units with more than 3 bedrooms: 3 spaces per dwelling unit Elder Apartments: 1 space for every 2 dwelling units Amend 14-5A-4F., Alternatives to Minimum Parking Requirements, as follows: F. Alternatives to Minimum Parking Requirements 1. Off-Site Parking Off-street parking may be located on a separate lot from the use served according to the following rules. When the proposed off-site parking is located in a Residential Zone, the Board of Adjustment may grant a special exception for the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. When theproposed off-site parkins is located in or intended for a use located in the CB-10 Zone the proposed parkins must meet the conditions contained in subparaaraphs a throuah a., below, and the approval criteria as specified in 14-5A-3D. When the proposed off-site parking is located in an Industrial Zone, Research Zone, or Commercial Zone, other than the CB-10 Zone, the Director of Planning and Community Development may approve the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. a. Special Location Plan A special location plan must be submitted with the application for off-site parking. The location plan must include a map indicating the proposed location of the off-site parking, the location of the use or uses served by the parking, and the distance and proposed walking route between the parking and the use(s) served. The map must be drawn to scale and include property boundaries, including boundaries of any intervening properties. In addition, documentation must be submitted providing evidence deemed necessary to comply with the requirements herein. b. Location of Off-site Parking (i) In Residential and Commercial Zones, no off-site parking space may be located more than 300 feet from an entrance of the use served. (2) In Industrial and Research Zones, no off-site parking space may be located more than 600 feet from an entrance of the use served. c. Zoning Off-site parking spaces must be located in the same zone as the principal use(s) served, or alternatively, off-street parking may be provided on a separate lot within the parameters of the following pairings: (i) Parking in aMulti-Family Zone serving a use located in a different Multi-Family Zone or in the MU Zone or vice versa. (2) Parking in a Commercial Zone serving a use located in a different Commercial zone. (3) Parking in an Industrial Zone serving a use located in a different Industrial Zone. (4) Parking in a Commercial Zone serving a use located in an Industrial Zone or vice versa. d. Shared Use of Off-Site Parking Where two or more uses will jointly use the proposed off-site parking, the number of parking spaces shall equal the sum total of off-street parking spaces required, as indicated in Tables 5A-1 and 5A-2, except for reductions approved under the provisions of paragraph 2, below, Allowed Reductions for Shared Parking. e. Off-Site Parking Located in a Municipally-Owned Parking Facility In instances where a use is within 600 feet of a City-owned parking area, up to 50 percent of the required number of parking spaces may be provided in the parking facility. When a use abuts aCity-owned parking area, up to 100 percent of the required number of parking spaces may be provided in the parking facility. When an applicant requests to provide off-street parking in a City-owned parking facility, the City Manager or designee must substantiate that with the addition of the requested number of parking spaces the capacity of the parking facility will not be exceeded. In the CB 10 Zone said garkina reauested to meet minimum parkina requirements for residential uses may only be approved by special exception and only if there is capacity m the subiect facili for Ion term arkin and leases have been or will be secured from the City. f. Approval Criteria In assessing a special location plan for off-site parking, the Board of Adjustment or Director of Planning and Community Development, as applicable, will consider the desirability of the location of off-street parking and stacking spaces on a lot separate from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent property; the appearance of the streetscape as a consequence of the off-street parking; and in the case of non-required parking, the need for additional off-street parking. g. Covenant for Off-Site Parking A written agreement between the owners of the parking and the owners of the property for which the parking will serve must be submitted with the application for off-site parking. The agreement must assure the retention of the parking and stacking spaces, aisles and drives and be properly executed, binding upon their successors and assigns, and must be recorded as a covenant running with the land. The agreement must provide that it cannot be released, and its terms and conditions cannot be modified in any manner whatsoever, without prior written consent and approval from the City. The written agreement must be reviewed and approved by the City Attorney. 2. Allowed Reductions for Shared Parking The Building Official in consultation with the Director of Planning and Community Development may approve a minor modification as specified in Section 14-4B-1 to reduce the total number of parking spaces required by up to 50 percent, if the uses sharing the parking are not normally open, used, or operated during the same hours. However, this reduction is not allowed for Residential Uses. To qualify for a reduction under this provision, a parking demand analysis must be submitted that provides evidence that the amount of parking proposed for the shared parking area will be sufficient to meet the parking demand. 3. Landbanked Parking in the CN-1 Zone The Director of Planning and Community Development may reduce the minimum parking requirements in the CN-1 Zone as follows, if it is determined that the proposed reduction will further the intent of the CN-1 zone. To accommodate future changes in land use, changes in ownership, and shifts in shared parking demand, up to 30 percent of the land area that would otherwise be needed to provide the required amount of parking may be landbanked or set aside on the site to provide for the future construction of a parking area. If an enforcement official of the City determines at some point in the future that additional parking spaces are needed, the property owner will be required to construct parking on the landbanked area. A written agreement between the property owner and the City must be properly executed and recorded as a covenant running with the land and binding upon all successors and assigns, assuring the installation of parking within the landbanked area by the owner if so ordered by the enforcement official. 4. Parking Exemption in the CB-5 Zone In the CB-5 Zone, a minor modification may be granted as specified in Section 14-4B-1 exempting up to 30 percent of the total number of dwelling units contained in a building from the minimum parking requirements, provided that those dwelling units are committed to the City's assisted housing program or any other affordable housing program approved by the City. 5. Parking Reduction for Other Unique Circumstances Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to 50 percent (up to 100 percent for properties designated as a local historic landmark or listed on the National Register of Historic Places). Amend 14-2C-II., as follows: A. Central Business Zone (CB-10) The purpose of the Central Business Zone (CB-10) is to be the high density, compact, pedestrian-oriented shopping, office, service and entertainment area in Iowa City. Development and redevelopment in this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas or pedestrianways. This zone is intended to accommodate a wide range of retail, service, office and residential uses. Auto-oriented uses are not permitted, except as specifically provided. Consolidated off-street loading and service facilities should be provided wherever practical with access provided from public service alleys or courts. Private, off- street~arkina is stricter regulated in order to preserve valuable land for active building uses and to maintain a~edestrian-oriented streetscape. T} '' '"""'t a€-Iea~na--ate To s~port~~l and vibrant commercial core development of mixed use buildings with residential uses de~elepme~ located above ~~ €leer-storefront commercial uses '~ is encouraged. a~~a-prev+sie~a~trse• Amend 14-2C-8F, Parking in the CB-10 Zone, as follows: F. Parking in the CB-10 Zone .Off-street parking is strictly }+~+ted regulated in the CB-10 Zone according to the procedures and standards listed in Article 14-5A, Off- street Parking and Loading Standards. Amend 14-78-7D and 7E as follows: D. In-Lieu Payment In order that available land in the Near Southside Parking Facility District is intensively used, and that a portion of residential parking is combined in a City off- street parking facility or facilities, rather than scattered throughout the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid for a minimum of 75% of the parking spaces otherwise required according to Article 14-5A, Off-street Parking and Loading Standards, for residential uses in the CB-5 and CB-10 Zones; if fewer than 25% of the required spaces are provided on site, the fee shall be increased accordingly and if more than 25% of the required spaces are provided on site, the fee shall be 75%. In lieu of providing 50% of the parking spaces otherwise required according to Article 14-5A, Off-street Parking and Loading Standards, for residential uses in all other zones of the Near Southside Parking Facility District, a fee shall be paid. The City Council further finds that this parking facility impact fee is reasonably and rationally related to the increased off-street parking need or impact created by said new residential development. E. Formula The total residential parking facility impact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required for residential uses according to Article 14-5A, Off-street Parking and Loading Standards, by 75% in the CB-5 and CB-10 Zones and by 50% in all other zones in the Near Southside Parking Facility District, and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x 0.75) RIF= TRF or (RPS x 0.5) RIF =TRF, where: RPS =the number of parking spaces otherwise required according to Article 14-5A, Off-street Parking and Loading Standards, for the residential use; RIF =the per space residential parking facility impact fee for residential uses; and TRF =the total residential parking facility impact fee required by this Article. Amend 14-78-11A., as follows: A. On-site Parking Spaces Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the residential parking facility impact fee shall require the residential fee payor to provide between 15% and 25% of the parking spaces otherwise required in the CB-5 and CB-10 Zones; an additional 10% of required parking spaces may be provided on-site; however, the fee shall not be reduced. No fewer than 50% of the parking spaces otherwise required for residential uses on the site in all other zones within the Near Southside Parking Facility District shall be provided on-site. ... ,,. r ~. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO AMEND THE DEFINITION OF "HOUSEHOLD" TO REDUCE THE NUMBER OF UNRELATED PERSONS ALLOWED TO RESIDE IN ONE DWELLING UNIT FROM FIVE(5) UNRELATED PERSONS TO THREE (3) UNRELATED PERSONS IN THE COMMUNITY COMMERCIAL (CC-2), CENTRAL BUSINESS SERVICE (CB-2), CENTRAL BUSINESS SUPPORT (CB-5) AND CENTRAL BUSINESS (CB-10) ZONES WHEREAS, the Central Business District and associated zoning districts is intended to be the high density, compact, pedestrian-oriented shopping, office, service and entertainment area in Iowa City and provide opportunities for a wide range of retail service, office and residential uses; and WHEREAS, the Community Commercial Zone is intended to provide for major business districts to provide a variety of retail goods and services for a significant segment of the total community population; and WHEREAS, the location of the University campus in close proximity to the downtown in combination with the current occupancy standards for residential uses create an incentive to develop or redevelop property in a manner intended primarily for residential apartments for short term residents, primarily university undergraduate students, with less emphasis on providing quality commercial space or residential dwellings for long term residents; and WHEREAS, there is a desire to maintain and support a market for a wide variety of businesses and residents in the downtown to ensure the long term economic health of the downtown; and WHEREAS, it is common practice to control maximum occupancy within residential dwellings to prevent overcrowding, to control parking and traffic congestion, and to maintain a certain character within an area; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Article 14-gA, General Definitions, by deleting the definition of "Household" and substituting in lieu thereof the following definition: HOUSEHOLD: In the ID, RR-1, RS Zones, RNS-12, RM-12, MU, CN-1, CC-2, CB-2, CB-5, and CB-10 Zones a Household is defined as: • One person; or • 2 or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 1 unrelated person, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 3 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or A group of persons that meet the definition of a Group Household, as defined in this Title. In the RNS-20, CO-1, and RM-20 Zones a Household is defined as: • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 2 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 4 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RM-44 and PRM Zones a Household is defined as: Ordinance No. Page 2 • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 3 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 5 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. B. Deleting subsection 14-4E-9C, and substituting in lieu thereof: C. The maximum occupancy, as determined by the Building Official based on the applicable regulations effective November 3, 2008, will be applied to: 1) any development activity associated with establishing or constructing a residential use for which a valid permit was issued, if substantial part of the permitted development activity has begun on or prior to November 3, 2008; or, 2) any residential use for which a valid rental permit was issued prior to (insert effective date of this ordinance), the effective date of the current maximum occupancy regulations. For such uses, legal nonconforming rights will be granted for this maximum occupancy. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by ~- ~ c ~~~~~~= City Attorney's Office ~ ~ /r ~.~~ S, Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 11/18/2008 Vote for passage: AYES: Hayek, Wright, Bailey, Correia. NAYS: Champion, ©'Donnell. ABSENT: Wilburn. Second Consideration _ Vote for passage: Date published 5a Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ESTABLISH A MINIMUM PARKING REQUIREMENT FOR HOUSEHOLD LIVING USES IN THE CENTRAL BUSINESS (CB-10) ZONE AND TO AMEND THE DEFINITION OF "HOUSEHOLD" TO REDUCE THE NUMBER OF UNRELATED PERSONS ALLOWED TO RESIDE IN ONE DWELLING UNIT FROM FIVE (5) UNRELATED PERSONS TO THREE (3) UNRELATED PERSONS IN THE COMMUNITY COMMERCIAL (CC-2), CENTRAL BUSINESS SERVICE (CB-2), CENTRAL BUSINESS SUPPORT (CB-5) AND CENTRAL BU INESS (CB-10) ZONES WHEREAS, the Central Bu 'ess District is intended to be the high density, compact, pedestrian- oriented shopping, office, service d entertainment area in Iowa City and provide opportunities for a wide range of retail service, office and re ~dential uses; and WHEREAS, the location of the iversity campus in close proximity to the downtown in combination with the current occupancy and parks standards for residential uses create an incen ' e to develop or redevelop property in the downtown in a manner intended primarily for residential a artments for short term residents with less emphasis on pr viding quality commercial space or residen 'al dwellings for long term residents; and WHEREAS, there is a desire to maint 'n a market for a wide variety of bu ' esses and residents in the downtown to ensure the long term econo is health of the downtown; and WHEREAS, it is common practice to c ntrol maximum occupancy hin residential dwellings to prevent overcrowding, to control parking and t ffic congestion, and to m ~ tain a certain character within an area; and WHEREAS, the City's parking policy in the Ci customer parking in strategically located structu downtown area and prevent large surface parking Street character of the downtown; and WHEREAS, parking demand from residents parking demand generated by businesses in that parking; and WHEREAS, due to the increased demand for res' e t originally anticipated when the current Central Bu ~ ess requests for development and redevelopment of ildings provision of additional parking on-site or in con nient loca NOW, THEREFORE, BE IT ORDAINE BY THE CI IOWA: SECTION I. The Code of Ordinances f the City of Iowa City; A. Amending Article 14-9A-1, efinitions, by deleting tt in lieu thereof the follows definition: HOUSEHOLD: In the ID, RR-1, S Zones, RNS-12, RM-12, MU, Zones a Hous old is defined as: • One per n; or wa is hereby amended as follows: definition of "Household" and substituting 1, CC-2, CB-2, CB-5, and CB-10 • 2 or ore persons related by blood, marriage, adopts nor placement by a go rnmental or social service agency plus up to 1 u elated person, occupying a elling unit as a single housekeeping organization; o • a group of not more than 3 persons unrelated by blood, arriage, or adoption, occupying a dwelling unit as a single housekeeping orga ' ation; or A group of persons that meet the definition of a Group Household, as defined in this Title. ral Business strict has been to publicly provide in order to erve and support businesses in the from detr ting from the pedestrian-oriented, Main gd is fundamentally different from the demand is for dedicated, long term uses in the downtown area beyond what was lulations were adopted, and the consequent ~t will contain large numbers of residents, the ns adjacent to residences is needed. COUNCIL OF THE CITY OF IOWA CITY, In the RNS-20, CO-1, and RM-20 Zones a Household is defined as: Ordinance No. Page 2 • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 2 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 4 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RM-44 and PR Zones a Household is defined as: • One person; or • Two or more pers ns related by blood, marriage, adopt nor placement by a governmental ors ial service agency plus up to 3 u elated persons, occupying a dwelling unit as a si gle housekeeping organization or • a group of not more t an 5 persons unrelated by lood, marriage, or adoption, occupying a dwelling it as a single houseke ing organization; or • A group of persons that eet the definition a Group Household, as defined in this Title. B. Deleting subsection 14-4E-gC, a substit Ing in lieu thereof: C. The maximum occupancy, as d erm~ ed by the Building Official based on the applicable regulations effective August 25, ,will be applied to any residential use for which a valid building permit was issued o or prior to August 25, 2008 and/or for which a valid rental permit was issued prior to in ert effective date of this ordinance), the effective date of the current maximum occup ncy gulations. For such uses, legal nonconforming rights will be granted for this maxi m occ ancy. C. Deleting subsection 14-5A-46 inimum R uirements, and substituting in lieu thereof: B. Minimum Requirements 1. Table 5A-2 lists the inimum parking re uirements and minimum bicycle parking requirements for eland use or uses on roperties in alt zones except the CB-5 and CB-10 Zones. r some land uses, them imum parking requirements differ based on the zone in wh~ h the property is located. 2. In the CB-5 d CB-10 Zones, parking is not quired for any land use, except for Household iving Uses, as specified in Table -1, below. 3. In the CB 0 Zone, off-street parking must meet a standards specified in 14-5A-3D. r,. aM.. ..F• v. vcicui i ~ au~ .~.~,- ~ , ~.~ ~...~....~......... .....__ ...-- --.. Table 5A-1: Minimum Par rn Re uirements in the CB-5 and CB-10 Zon s Bicycle USE SUBG OUPS Parking Requirement Parking CATEGORIES Residential Uses Household M ti- CB-5 and Efficiency,1-bedroom, and 2-bedroo units: 1 space per Living Uses f mily CB-10 dwelling unit. 1.0 per wellings Zones 3-bedroom units: 2 spaces per dwelling`unit d.u. Units with more than 3 bedrooms: 3 spaces per dwelling unit Elder Apartments: 1 space for every 2 dwelling units. E. Deleting subsection 14-5A-3D, CB-10 Zone, and substituting in lieu thereof: Ordinance No. Page 3 D. CB-10 Zone 1. Off-street parking is not required for any Use, except Household Living Uses, as specified in Table 5A-1, 2. Private, off-street parking is permitted only after approval of a special exception, except for Hospitality-Oriented Retail Uses and Household Living Uses as specified in the following paragraphs. 3. Hospitality-Oriented Uses are allowed up to 1-1/4 parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of any meeting or convention facilities without goin #~rough the special exception process. Any parking paces allowed under this m imum must meet the standards specified in subp agraphs 5b. through e., below. An parking spaces requested beyond this maximu must be approved by the Boar of Adjustment as a special exception and m tall of the approval criteria listed i paragraph 5, below. 4. Household Living Uses st provide parking according to the ecified requirement in Table 5A-1. The propose parking must meet the standard pecified in subparagraphs 5b. throug e., below. Any off-site parkin roposed according to the provisions of 14-5A-4F, Alt rnatives to Minimum Parkin Requirements, may only be approved by special except n. Off-site parking in a nicipally owned parking facility may only be approved if the is capacity in the fac~ y for long term parking and leases have been secured fr m the City. 5. In addition to the general speci I exception ap oval criteria specified in Article 14-46, applications for a special exce ion for priv eoff-street parking in the CB-10 Zone must meet the following specifi approva riteria: a. The applicant must demonstr to th ugh a parking demand analysis that the number of parking spaces re ted does not exceed the demand for parking for the specific building or project roposed and that the parking demand cannot be satisfied through the public r 'ng system. Short term parking demand is preferred to be satisfied th ugh he public parking system. b. Surface parking is not p mitted. c. Underground parking ' preferred o rabove-ground structured parking. The design of any unde ground parking ust not detract from or prevent active building uses on a ground-level flo r of the building. To that end, the ceiling height of any ur~6erground parking le I may not extend more than 1 foot above the level of th adjacent sidewalk. On loping building sites and for existing buildings, th City may adjust this requi ment. However, qn sloping sites at least a portion o the ground level floor height f any new building must be located no more thay~ one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level flo r of the building must be no more than 3 feet bove the level of the abutting publi sidewalk or pedestrian plaza at any point long astreet-facing building facade. d. Abo e-ground structured parking may be app ved only if the specific project or b ilding for which the parking is being reques d has an FAR of at least 7, xcluding any structured parking in the FAR c culation. e. here parking is located within the exterior wall of a building, the following standards apply: (1) The proposed structured parking will not detra from or prevent ground floor storefront uses. Structured parking may be pe fitted on the ground-level floor of a building, provided that a substantial po ion of the ground level floor of the building is reserved for and built to accom odate storefront uses. Ordinance No. Page 4 Parking is not allowed within the first 50 feet of lot depth as measured from the front building line. (2) Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street fronta e, if it is determined that the opening(s) will not detract from or unduly inter upt pedestrian flow along the street. Garage openings shall be built to the inimum width necessary for access. (3) Any exterior ails of a parking facility that are visibl from a public or private street must pear to be a component of the fad a of the building through the use of bu ding materials, window openings nd facade detailing that is similar or co lementary to the design of th uilding. (4) Each entrance nd exit to the parking area ust be constructed so that vehicles enteri or leaving the parking ea are clearly visible to a pedestrian on a y abutting sidewalk a distance of not less than 10 feet. Stop signs and propriate pedestri warning signs may be required. F. Deleting subsection 14-2C-11., Ce~itral Business Z~ne (CB-10), and substituting in lieu thereof: Central Business Zone (CB-10) The purpose of the Central Busin s pedestrian-oriented shopping, offi e Development and redevelopment i to intensify the density of usable c open spaces, plazas or pedestri v range of retail, service, office a d rE except as specifically provide . Cor be provided wherever prac ~ al with Private, off-street parking ~ strictly Zo a (CB-10) is to be the high density, compact, rvice and entertainment area in Iowa City. is zone should occur in compact groupings, in order mercial spaces, while increasing the availability of Sys. This zone is intended to accommodate a wide idential uses. Auto-oriented uses are not permitted, lidated off-street loading and service facilities should i ess provided from public service alleys or courts. ~g lated in order to preserve valuable land for active building uses and to ma' tain a pedestr n-oriented streetscape. To support a healthy and vibrant commercial co , development o mixed-use buildings with residential uses located above storefront commercial uses is enc uraged. G. Deleting subsection 1,4-2C-8F, Parking in th CB-10 Zone, and substituting in lieu thereof: F. Parking in the C$-10 Zone Off-street parking is strictly regulated in the CB-10 Zone according to the procedures and standards lifted in Article 14-5A, Off-street arking and Loading Standards. H. Deleting paragraph 14-5A-4F-1 ., Off-site Parking and substituting in lieu thereof: Off-Site Parking Off-str et parking may be located on a separat lot from the use served according to the folio ing rules. When the proposed off-site park g is located in a Residential Zone, the Bo d of Adjustment may grant a special excepti n for the proposed parking, provided the c ditions contained in subparagraphs a. through .are met. When the proposed off-site rking is located in or intended for a use located i the CB-10 Zone, the proposed arking must meet the conditions contained in subpa agraphs a. through g., below, and the approval criteria as specified in 14-5A-3D. When fhe proposed off-site parking is located in an Industrial Zone, Research Zone, or Commercial Zone, other than the CB-10 - Zone, the Director of Planning and Community Development may approve the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. Ordinance No. Page 5 Deleting subparagraph 14-5A-4F-1 e., Off-site Parking Located in a Municipally-owned Parking Facility, and substituting in lieu thereof: e. Off-Site Parking Located in a Municipally-Owned Parking Facility In instances where a use is within 600 feet of a City-owned parking area, up to 50 percent of the required number of parking spaces may be provided in the parking facility. When a use abuts aCity-owned parking area, up to 100 percent of the required number of parking spaces may be provided in the parking facility. When an applicant requests to provide off- street parking in a City-owned parking facility, the City Manager or designee must ~ substantiate that with the addition of the requested number of parking spaces the apacity of the parking facility will not a exceeded. In the CB-10 Zone, said parking re ested to meet minimum parking requi ments for residential uses may only be appro d by special exception and only if there is c pacity in the subject facility for long term rking and leases have been or will be se red from the City. J. Deleting subsection 14-76-7D, In Liu Payment, and substituting i~u thereof: D. In-Lieu Payment In order that available land in the N ar Southside Parking acility District is intensively used, and that a portion of residenti I parking is combi d in a City off-street parking facility or facilities, rather than scatte ed throughout t Near Southside Parking Facility District, the City Council finds that th residential p king facility impact fee shall be paid for a minimum of 75% of the parking ~pac Off-street Parking and Loading Stand~ds Zones; if fewer than 25% of the requir increased accordingly and if more than'~f the fee shall be 75%. In lieu of providing' according to Article 14-5A, Off-street rf in atl other zones of the Near South 'de ~ City Council further finds that this arking related to the increased off-stye parking development. s oth ise required according to Article 14-5A, for sidential uses in the CB-5 and CB-10 ~ es are provided on site, the fee shall be 0 of the required spaces are provided on site, i% of the parking spaces otherwise required ig and Loading Standards, for residential uses rking Facility District, a fee shall be paid. The acility impact fee is reasonably and rationally feed or impact created by said new residential K. Deleting subsection 14-7B-7E/,~ormula, ands bstituting in lieu thereof: E. Formula / The total residential pa ing facility impact fe required by this Article shall be calculated by multiplying the numb of parking spaces oth rwise required for residential uses according to Article 14-5A, O street Parking and Loadi Standards, by 75% in the CB-5 and CB-10 Zones and by 50% in all other zones in the Ne r Southside Parking Facility District, and multiplying that~oduct by the per space parki g facility impact fee amount, as expressed in the formula:r (RPS x 0.75 RIF= TRF or (RPS x 0.5) RIF = T F, where: RPS =the umber of parking spaces otherwise equired according to Article 14-5A, Off- street P king and Loading Standards, for the re idential use; RIF = e per space residential parking facility im act fee for residential uses; and TRF the total residential parking facility impact a required by this Article. L. Del ing subsection 14-76-11A, On-site Parking Spa s, and substituting in lieu thereof: On-site Parking Spaces Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the residential parking facility impact fee hall require the residential fee payor to provide between 15% and 25% of the parking spa es otherwise required in the CB-5 and CB-10 Zones; an additional 10% of required park ng spaces may be provided on-site; however, the fee shall not be reduced. No fewer than 0% of the parking spaces Ordinance No. Page 6 otherwise required for residential uses on the site in all other zones within the Near Southside Parking Facility District shall be provided on-site. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and ~~~ ,~ .~ m ~ ~ ~~ ' . ~ ~ .. <<~I ~ Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 , ~~I.lyla!~) ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ESTABLISH A MINIMUM PARKING REQUIREMENT FOR HOUSEHOLD LIVING USES IN THE CENTRAL BUSINESS (CB-10) ZONE WHEREAS, the Central Business District is intended to be the high density, compact, pedestrian- oriented shopping, office, service and entertainment area in Iowa City and provide opportunities for a wide range of retail service, office and residential uses; and WHEREAS, the location of the University campus in close proximity to the downtown in combination with the current lack of a parking requirement for residential uses create an incentive to develop or redevelop property in the downtown with large numbers of apartments intended for short term renters without providing any parking for said residents; and WHEREAS, the City's parking policy in the Central Business District has been to publicly provide customer parking in strategically located structures, in order to serve and support businesses in the downtown area and prevent large surface parking lots from detracting from the pedestrian-oriented, mainstreet character of the downtown; and WHEREAS, parking demand from residents living downtown is fundamentally different from the parking demand generated by businesses in that the residential demand is for dedicated, long term parking; and WHEREAS, large residential development projects may put an undue burden on the public parking facilities and on-street parking in neighborhoods surrounding the downtown if said projects are built without adequate provision of parking to meet the needs of the residents within the .building; and WHEREAS, with an increased demand for residential uses in the downtown area beyond what was originally anticipated when the current Central Business regulations were adopted, and the consequent request for development and redevelopment of buildings that will contain large numbers of residents, provision of additional parking on-site or in convenient locations adjacent to residences is needed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting subsection 14-5A-46, Minimum Requirements, and substituting in lieu thereof: B. Minimum Requirements 1. Table 5A-2 lists the minimum parking requirements and minimum bicycle parking requirements for the land use or uses on properties in all zones except the CB-5 and CB-10 Zones. For some land uses, the minimum parking requirements differ based on the zone in which the property is located. 2. In the CB-5 and CB-10 Zones, parking is not required for any land use, except for Household Living Uses, as specified in Table 5A-1, below. 3. In the CB-1Q Zone, off-street parking must meet the standards specified in 14-5A-3D. B Deletin Table 5A-1 and substitutin in lieu thereof: Table 5A-1:':Minimum Parkin Re ~ uirements in the CB-5 and C6-10 Zones `Bicycle , USE SUBGROUPS Parking Requirement Parking CATEGORIES Residential Uses Household Multi- CB-5 and Efficiency,1-bedroom, and 2-bedroom units: 1 space per Living Uses family CB-10 dwelling unit. 1.0 per Dwellings Zones 3-bedroom units: 2 spaces per dwelling unit d.u. Units with more than 3 bedrooms: 3 spaces per dwelling unit Elder Apartments: 1 space for every 2 dwelling units. C. Deleting subsection 14-5A-3D, CB-10 Zone, and substituting in lieu thereof: Ordinance No. Page 2 D. CB-10 Zone 1. Off-street parking is not required for any Use, except Household Living Uses, as specified in Table 5A-1_ 2. Private, off-street parking is permitted only after approval of a special exception, except for Hospitality-Oriented Retail Uses and Household Living Uses as specified in the following paragraphs. 3. Hospitality-Oriented Uses are allowed up to 1-1/4 parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subparagraphs 5b. through e., below. Any parking spaces requested beyond this maximum must be approved by the Board of Adjustment as a special exception and meet all of the approval criteria listed in paragraph 5, below. 4. Household Living Uses must provide parking according to the specified requirement in Table 5A-1. The proposed parking must meet the standards specified in subparagraphs 5b. through e., below. Any off-site parking proposed according to the provisions of 14-5A-4F, Alternatives to Minimum Parking Requirements, may only be approved by special exception. Off-site parking in a municipally owned parking facility may only be approved if there. is capacity in the facility for long term parking and leases have been secured from the City. 5. In addition to the general special exception approval criteria specified in Article 14-48, applications for a special exception for private off-street parking in the CB-10 Zone must meet the following specific approval criteria: a. The applicant must demonstrate through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. Short term parking demand is preferred to be satisfied through the public parking system. b. Surface parking is not permitted. c. Underground parking is preferred over above-ground structured parking. The design of any underground parking must not detract from or prevent active building uses on the ground-level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along astreet-facing building facade. d. Above-ground structured parking may be approved only if the specific project or building for which the parking is being requested has an FAR of at least 7, excluding any structured parking in the FAR calculation. e. Where parking is located within the exterior walls of a building, the following standards apply: (1) The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground-level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. Ordinance No. Page 3 Parking is not allowed within the first 50 feet of lot depth as measured from the front building line. (2) Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street frontage, if it is determined that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street. Garage openings shall be built to the minimum width necessary for access. (3) Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through the use of building materials, window openings and facade detailing that is similar or complementary to the design of the building. (4) Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than 10 feet. Stop signs and appropriate pedestrian warning signs may be required. D. Deleting subsection 14-2C-11., Central Business Zone (CB-10), and substituting in lieu thereof: I. Central Business Zone (CB-10) The purpose of the Central Business Zone (CB-10) is to be the high density, compact, pedestrian-oriented shopping, office, service and entertainment area in Iowa City. Development and redevelopment in this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas or pedestrianways. This zone is intended to accommodate a wide range of retail, service, office and residential uses. Auto-oriented uses are not permitted, except as specifically provided. Consolidated off-street loading and service facilities should be provided wherever practical with access provided from public service alleys or courts. Private, off-street parking is strictly regulated in order to preserve valuable land for active building uses and to maintain apedestrian-oriented streetscape. To support a healthy and vibrant commercial core, development ofmixed-use buildings with residential uses located above storefront commercial uses is encouraged. E. Deleting subsection 14-2C-8F, Parking in the CB-10 Zone, and substituting in lieu thereof: F. Parking in the CB-10 Zone Off-street parking is strictly regulated in the CB-10 Zone according to the procedures and standards listed in Article 14-5A, Off-street Parking and Loading Standards. F. Deleting paragraph 14-5A-4F-1., Off-site Parking, and substituting in lieu thereof: Off-Site Parking Off-street parking may be located on a separate lot from the use served according to the following rules. When the proposed off-site parking is located in a Residential Zone, the Board of Adjustment may grant a special exception for the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. When the proposed off-site parking is located in or intended for a use located in the CB-10 Zone, the proposed parking must meet the conditions contained in subparagraphs a. through g., below, and the approval criteria as specified in 14-5A-3D. When the proposed off-site parking is located in an Industrial Zone, Research Zone, or Commercial Zone, other than the CB-10 Zone, the Director of Planning and Community Development may approve the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. G. Deleting subparagraph 14-5A-4F-1e., Off-site Parking Located in a Municipally-owned Parking Facility, and substituting in lieu thereof: Ordinance No. Page 4 e. Off-Site Parking Located in a Municipally-Owned Parking Facility In instances where a use is within 600 feet of a City-owned parking area, up to 50 percent of the required number of parking spaces may be provided in the parking facility. When a use abuts aCity-owned parking area, up to 100 percent of the required number of parking spaces may be provided in the parking facility. When an applicant requests to provide off- street parking in a City-owned parking facility, the City Manager or designee must substantiate that with the addition of the requested number of parking spaces the capacity of the parking facility will not be exceeded. In the CB-10 Zone, said parking requested to meet minimum parking requirements for residential uses may only be approved by special exception and only if there is capacity in the subject facility for long term parking and leases have been or will be secured from the City. H. Deleting subsection 14-7B-7D, In Lieu Payment, and substituting in lieu thereof: D. In-Lieu Payment In order that available land in the Near Southside Parking Facility District is intensively used, and that a portion of residential parking is combined in a City off-street parking facility or facilities, rather than scattered throughout the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid for a minimum of 75% of the parking spaces otherwise required according to Article 14-5A, Off-street Parking and Loading Standards, for residential uses in the CB-5 and CB-10 Zones; if fewer than 25% of the required spaces are provided on site, the fee shall be increased accordingly and if more than 25% of the required spaces are provided on site, the fee shall be 75%. In lieu of providing 50% of the parking spaces otherwise required according to Article 14-5A, Off-street Parking and Loading Standards, for residential uses in all other zones of the Near Southside Parking Facility District, a fee shall be paid. The City Council further finds that this parking facility impact fee is reasonably and rationally related to the increased off-street parking need or impact created by said new residential development. Deleting subsection 14-76-7E, Formula, and substituting in lieu thereof: E. Formula The total residential parking facility impact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required for residential uses according to Article 14-5A, Off-street Parking and Loading Standards, by 75% in the CB-5 and CB-10 Zones and by 50% in all other zones in the Near Southside Parking Facility District, and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x 0.75) RIF= TRF or (RPS x 0.5) RIF =TRF, where: RPS =the number of parking spaces otherwise required according to Article 14-5A, Off- street Parking and Loading Standards, for the residential use; RIF =the per space residential parking facility impact fee for residential uses; and TRF =the total residential parking facility impact fee required by this Article. J. Deleting subsection 14-76-11A, On-site Parking Spaces, and substituting in lieu thereof: A. On-site Parking Spaces Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the residential parking facility impact fee shall require the residential fee payor to provide between 15% and 25% of the parking spaces otherwise required in the CB-5 and CB-10 Zones; an additional 10% of required parking spaces may be provided on-site; however, the fee shall not be reduced. No fewer than 50% of the parking spaces otherwise required for residential uses on the site in all other zones within the Near Southside Parking Facility District shall be provided on-site: Ordinance No. Page 5 SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 20 MAYOR Approved by ATTEST: _ L ~ " = cv 2~`~'~ ~~ CITY CLERK City Attorney's Office ~ ( (~' G~ L Prepared by: Marian Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGUALTIONS," CHAPTER 2, "TAXICABS," IN SECTION 5-2-4, "VEHICLE INSPECTION REQUIRED," SUBSECTION A AND 1(a) OF THE CITY CODE TO CLARIFY CURRENT REQUIREMENTS, TO INCREASE SAFETY, AND TO REQUIRE ANNUAL INSPECTIONS. WHEREAS, in November 2006 the City Council passed ORD. 06-4243 which established new regulations for "Taxicabs"; and WHEREAS, in November 2007 the City Council passed ORD. 07-4292 requesting a one year review of those regulations; and WHEREAS, City staff recommends certain changes in the taxicab provisions of the City Code to clarify existing requirements, to increase safety, and to require only annual inspections; and WHEREAS, it is in the City's interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS 1. Title 5, entitled "Business .and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended by repealing the following sections and subsections in their entirety and replacing them with the following: 5-2-4, Vehicle Inspection Required, section A: Each applicant for issuance renewal of a taxicab decal shall submit, with the application, a certificate of inspection issued by the city equipment superintendent or designee. Such certificate shall be valid for 45 days from the inspection. Each vehicle governed by this chapter shall be subject to an annual inspection. All inspections shall consist of the following: 5-2-4, Vehicle Inspection Required, Subsection A1: All taxicabs shall be inspected for compliance with the requirements of this chapter, excluding pedicabs and horsedrawn vehicles, as follows: SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2008. Regenia D. Bailey, Mayor Attest: Marian K. Karr, City Clerk Appro by ~_ ~ ~C-13~d~ City Attorney's office WPDATA(CLERK/taxi2008ORD.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration t1/ ~ s(?nns Vote forpaSSage: AYES: O'Donnell, Wright, Bailey, Champion, Correia, Hayek. NAYS: None. ABSENT: Wilburn. Second Consideration _ Vote for passage: Date published M-~ ~ Prepared by: Sarah Holecek, City Attorney's Office, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 08-4321 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 4, ENTITLED "PARKING REGULATIONS", SECTION 9, ENTITLED "PARKING DURING SNOW EMERGENCIES", TO REQUIRE, UPON DECLARATION OF A SNOW EMERGENCY BY THE CITY MANAGER, ALTERNATIVE SIDE PARKING UPON CITY STREETS NOT CURRENTLY POSTED FOR SAME DURING THE DECLARED EMERGENCY WHEREAS, during significant winter weather events, efficient clearing of ice and snow on public streets is necessary to minimize hazards on public streets caused by snow and ice; and WHEREAS, vehicles parked on public streets hinder the efficient removal of snow and ice and also create a hazard by parking too far from the curb due to snow and ice; and WHEREAS, it is in the public interest to create a system to declare and notify persons of snow emergencies which require vehicles to be removed from the public streets to facilitate efficient clearing of ice and snow during significant winter weather events; and WHEREAS, it is in the public interest to adopt an ordinance regulating parking during a declared snow emergency and providing for enforcement of same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic", Chapter 4, entitled "Parking Regulations", Section 9, entitled "Parking During Snow Emergencies", is hereby amended by repealing said section in its entirety and substituting in its place the following new section: 9-4-9: PARKING DURING SNOW EMERGENCIES: A. Purpose: The purpose of this section is to provide a system to declare and notify persons of snow emergencies and enforce the provisions for same. Without such provisions, cars remain parked on city streets, impairing effective plowing and snow removal. Consequently, potential hazards are created by unplowed snow and cars parking too far from the curb. B. Parking Regulations During Snow Emergencies and Exemptions: The city manager or designee shall declare a snow emergency when the city manager or designee finds, on the basis of falling snow, sleet, freezing rain or on the basis of a forecast by the United States weather bureau or on the basis of any other weather service, that weather conditions will make it necessary for motor vehicle traffic to be expedited and for parking on certain city streets to be prohibited or restricted for snow plowing or other purposes. The following parking regulations shall be in effect during snow emergencies: 1. On all streets where parking is allowed on both sides, vehicles shall be parked on only the even street numbered side of the street on even days of the month after eight o'clock (8:00) A.M. 2. On all streets where parking is allowed on both sides, vehicles shall be parked on only the odd street numbered side of the street on odd days of the month after eight o'clock (8:00) A.M. 3. On all streets where parking is allowed on only one side, vehicles shall be parked on only the even street numbered side of the street on even days of the month after eight o'clock (8:00) A.M. and shall be parked on only the odd street numbered side of the street on odd days of the month after eight o'clock (8:00) A.M. No parking shall be permitted on the side of the street where parking is prohibited. 4. All other posted parking regulations and prohibitions, shall remain in effect. For example, on all streets where odd-even calendar parking or other restrictions are posted, those restrictions shall continue in force and effect notwithstanding subsections 1 and 2 above. 5. These regulations shall not apply to metered parking spaces, designated loading zones, and those streets located within the Central Business District, which, starting at the intersection of Burlington and Gilbert Street, is bounded by Iowa Avenue to the north, Capitol Street to the west, Burlington Street to the South and Gilbert Street to the east, with the entirety of the right-of-way of said Central Business District included within this exemption. (1978 Code §23-297; amd. 1994 Code) C. Effective Time Of Snow Emergency: A snow emergency shall take effect not earlier than four (4) hours after it is declared, except if a snow emergency is declared after eight o'clock (8:00) P.M., it shall not take effect until eight o'clock (8:00) A.M. the next day, unless otherwise indicated in the declaration. A snow emergency shall be in force for a minimum of forty-eight (48) hours after taking effect unless cancelled or changed under subsection 9-4-9D below. (1978 Code §23-299) Ordinance No. OS-4321 Page 2 D. Declaration and Notice: 1. The city manager or designee shall declare a snow emergency by written signed notice, filed with the city clerk, stating the beginning and ending time for the period of snow emergency, which ending time shall be a minimum of forty-eight (48) hours after taking effect. If the office of the city clerk is closed, the city manager or designee shall file such notice promptly when the office next is open during normal business hours. 2. The city manager or designee may cancel such declaration or change the beginning or ending time. Notice as provided in subsection D1 of this section shall be given for such cancellations or changes. 3. The city manager or designee shall inform the Iowa City/Cedar Rapids area radio and television stations and the Iowa City newspapers of the snow emergency declaration and when the snow emergency parking regulations for Iowa City will be in effect and ask that public service announcements be made. 4. The public works director or designee shall post information concerning the snow emergency declaration, when the snow emergency parking regulations for Iowa City will be in effect and summarizing the regulations on the City website and shall post signs on all major highways and streets enter the city at or reasonably near the city limits, informing motorists that a snow emergency has been declared and alternate side parking is required. . 5. The city manager or designee may take such other actions to inform the public of the snow emergency as appropriate. (1978 Code §23-300) E. Towing of Improperly Parked Vehicles: Any vehicle found to be parked where not permitted during a snow emergency will be issued a notice of parking violation pursuant to 9-4-14 of this code and towed to a place designated for the storage of impounded vehicles pursuant to chapter 9 of this title. (1978 Code §23-301; amd. 1994 Code) SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18thday of November , 20 08 M ) T: Qom/ ITY CLE Ap Attorn~y's Offi~e-'v (, i ~~ ~~~ ~~ Ordinance No. 08-4321 Page ~_ It was moved by Wright and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 11/3/2008 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 11/26/2008 Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: Wilburn. Prepared by: Sarah Holecek, City Attorney's Office, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 4, ENTITLED "PARKING REGULATIONS", SECTION 9, ENTITLED "PARKING DURING SNOW EMERGENCIES", TO REQUIRE, UPON DECLARATION OF A SNOW EMERGENCY BY THE CITY MANAGER, ALTERNATIVE SIDE PARKING UPON CITY STREETS NOT CURRENTLY POSTED FOR SAME DURING THE DECLARED EMERGENCY WHEREAS, during significant winter ather events, efficient clearing of ice and snow on public streets is necessary to minimize hazards on public treets caused by snow and ice; and WHEREAS, vehicles parked on publics eets hinder the efFcient removal of snow and ice and also create a hazard by parking too far from the c b due to snow and ice; and WHEREAS, it is in the public interest to cr ate a system to declare and notify persons of snow emergencies which require vehicles to be remo ed from the public streets to facilitate efficient c aring of ice and snow during significant winter weather even ;and WHEREAS, it is in the public interest to adop an ordinance regulating parking during declared snow emergency and providing for enforcement of same NOW, THEREFORE, BE IT ORDAINED BY THE TY COUNCIL OF THE CITY OF WA CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic", Chapte 4, entitled "Parking Reg tions", Section 9, entitled "Parking During Snow Emergencies", is hereby ame ded by repealing said ection in its entirety and substituting in its place the following new section: 9-4-9: PARKING DURING SNOW EMERGENCIES: A. Purpose: The purpose of this section is to pro 'de a syste o declare and notify persons of snow emergencies and enforce the provisions for same. Wi hout suc provisions, cars remain parked on city streets, impairing effective plowing and snow removal. Con quently, potential hazards are created by unplowed snow and cars parking too far from the curb. B. Parking Regulations During Snow Emergencies nd Exemptions: The city manager or designee shall declare a snow emergency when the city mans er or designee finds, on the basis of falling snow, sleet, freezing rain or on the basis of a forecast b e ited States weather bureau or on the basis of any other weather service, that weather conditi s will m ke it necessary for motor vehicle traffic to be expedited and for parking on certain city str s to be pr hibited or restricted for snow plowing or other purposes. The following parking regulations all be in effe t during snow emergencies: 1. On all streets where parkin 's allowed on bot sides, vehicles shall be parked on only the even street numbered side of the s eet on even days of the month after eight o'clock (8:00) A.M. 2. On all streets where p ing is allowed on bot sides, vehicles shall be parked on only the odd street numbered side oft street on odd days of th month after eight o'clock (8:00) A.M. 3. On all streets wher parking is allowed on only o e side, vehicles shall be parked on only the even street numbered si of the street on even days of t e month after eight o'clock (8:00) A.M. and shall be parked on on the odd street numbered side o the street on odd days of the month after eight o'clock (8:00) .M. No parking shall be permitted n the side of the street where parking is prohibited, 4. All other osted parking regulations and prohibition ,shall remain in effect. For example, on all streets wh a odd-even calendar parking or other restri tions are posted, those restrictions shall continue in f ce and effect notwithstanding subsections 1 a d 2 above. 5. T se regulations shall not apply to metered parkin spaces, designated loading zones, and those s ets located within the Central Business District which, starting at the intersection of Burlin on and Gilbert Street, is bounded by Iowa Avenue t the north, Capitol Street to the west, Burli gton Street to the South and Gilbert Street to the east, with the entirety of the right-of-way of sai Central Business District included within this exemptio (1978 Code §23-297; amd. 1994 de) Effective Time Of Snow Emergency: A snow emergency s II take effect not earlier than four (4) hours after it is declared, except if a snow emergency is declared fter eight o'clock (8:00) P.M., it shall not take effect until eight o'clock (8:00) A.M. the next day, unless o erwise indicated in the declaration. A snow emergency shall be in force for a minimum of forty-eight (8) hours after taking effect unless cancelled or changed under subsection 9-4-9D below. (1978 Code §2 299)