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HomeMy WebLinkAbout2009-07-06 OrdinanceE .~ ~---~ `-~ Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 09-4352 AN ORDINANCE AMENDING TITLE 14, ZONING, ADDING A BUSINESS SERVICES LAND USE CATEGORY, MODIFYING THE STREET WIDTH STANDARDS FOR INSTITUTIONAL USES IN RESIDENTIAL ZONES, AND CLARIFYING APPLICABLE REGULATIONS TO AND ALLOW MINOR MODIFICATIONS TO SITE DEVELOPMENT STANDARDS IN THE PUBLIC ZONE. WHEREAS, the zoning ordinance contains a land use classification system that groups uses with similar functions, products, and/or physical characteristics and uses this system as a basis for assignment of present and future uses to the various zoning districts; and WHEREAS, various types of business services have been listed as examples in several different use categories in the zoning ordinance, creating a distinction between these specific uses that is unwarranted given their similar functions, products, and physical characteristics; and WHEREAS, grouping all types of business services into the General Office use category in the ordinance will simplify and clarify how these uses are allowed within zoning districts throughout the city; and WHEREAS, the current zoning ordinance contains an overly restrictive street width standard for institutional uses that doesn't allow the City officials and the Board of Adjustment the flexibility of considering the size of the institution, the anticipated traffic, or the functional classification of the street when reviewing requests to establish or expand such a use; and WHEREAS, it is in the public interest to allow reasonable flexibility in allowing institutional uses on streets with adequate traffic capacity for the use proposed; and WHEREAS, the minor modification process is intended to provide the flexibility to modify certain regulations in unique or unusual situations where the strict application of the regulations is impractical. Minor modifications are allowed in all base zones, except for the Public Zones; and WHEREAS, similar to other zones, there are unique and unusual situations that may arise in areas zoned Public which make the strict application of the regulations impractical. It is in the public interest to allow minor modifications in Public Zones according to the same rules applied in other zoning districts in the city; and WHEREAS, the current zoning ordinance does not provide clear direction with regard to the standards that are applicable in the Public Zones, which has created confusion when public projects are being constructed and it is in the public interest to clarify which standards and regulations apply; 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 paragraph 14-46-4D-6, Daycare Uses, by deleting subparagraph c., Vehicular Access, and substituting in lieu thereof: c. Vehicular Access In Single Family Residential Zones, a daycare center that provides care for more than 16 persons must have vehicular access to a collector street, arterial street, or street with paving wider than 28 feet. For expansions of existing uses that are Ordinance No. 09-4352 Page 2 nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. B. Amending paragraph14-4B-4D-8, General Educational Facilities in the RR-1, RM-12, RM- 20, RNS-20, RM-44, PRM, MU, and CO-1 Zones, by deleting subparagraph a, and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. C. Amending paragraph 14-46-4D-9, General Educational Facilities in the RS-5, RS-8, RS- 12, and RNS-12 Zones, by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. D. Amending paragraph 14-4B-4D-13, Religious/Private Group Assembly in the ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 Zones, by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. Ordinance No. 09-4352 Page 3 E. Amending paragraph 14-46-4D-13, Religious/Private Group Assembly in the ID-RS, RS- 5, RS-8, RS-12, and RNS-12 Zones by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. F. Amending paragraph 14-4A-4G-2, Examples, by deleting subparagraph a. and substituting in lieu thereof: a. General Office: Professional offices, such as lawyers, accountants, engineers, architects, and real estate agents; financial businesses, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; data processing; government offices; public utility offices; social service agency offices; television and radio studios; and business services, such as advertising agencies, consumer credit reporting agencies, collection agencies, mailing and copying services, quick printing services, building management services, detective agencies, computer services, software development, research and development, consulting and public relations, protective services, bondspersons, drafting services, auctioneer services, call centers. G. Amending paragraph 14-4A-4H-2, Examples, by deleting subparagraph b. and substituting in lieu thereof: a. Personal Service-Oriented: Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, Laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums. H. Amending paragraph 14-4A-56-2, Examples, by deleting subparagraph a and substituting in lieu thereof: a. Technical/Light Manufacturing: Firms engaged in the manufacturing, development, processing, fabricating, packaging or assembling of electronic components; electrotherapeutic, electromedical and x-ray apparatus; engineering, scientific and research laboratory equipment; measuring and controlling instruments; office, computing and accounting machines; optical instruments and lenses; pharmaceuticals; photographic equipment and supplies; photofinishing laboratories. I. Amending subsection 14-2F-36. by inserting a new paragraph as follows and renumbering existing paragraphs accordingly: 2. Accessory Uses and Buildings See Article 14-4C J. Amending subsection 14-2F-3C. by inserting three new paragraphs as follows and renumbering existing paragraphs accordingly: Ordinance No. 09-4352 Page 4 1.Off-Street Parking and Loading Standards Sections 14-5A-5, Construction and Design Standards are applicable to uses within the Public Zone. 5. Landscaping and Tree Standards See Article 14-5E. 6. Screening and Buffering Standards See Article 14-5F. K. Amending Section 14-4F-5 by adding a new subsection E as follows: E. Minor Modifications to Site Development Standards A minor modification to adjust specific provisions of this section may be requested in either of the qualifying situations listed in the paragraphs below. Such requests will be reviewed by the Director of Planning and Community Development and the Building Official according to the procedures for Minor Modifications as set forth in Article 14- 88 and must meet the following approval criteria. The following approval criteria are to be applied in lieu of the general approval criteria listed in Section 14-46-1, Minor Modifications. 1. Qualifying Situation: The configuration of the lot or other existing physical condition of the lot makes the application of a specific standard impractical. In such a case, the applicant must demonstrate that the following approval criteria are met: a. The applicant must provide evidence that the configuration of the lot, the topography, or other physical characteristic of the property makes the application of a specific standard impractical. Examples of situations that may qualify include double-fronting lots, triangular shaped lots, and steeply sloping lots. b. The applicant must demonstrate that the proposed alternative design is not contrary to the intent of the site development standards. c. The applicant must propose an alternative site or building design that best meets the intent of the specific standard being modified. d. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located. e. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. f. The requested modification complies with other applicable statutes, ordinances, laws and regulations. 2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site and the surrounding area. In such a situation, the applicant must demonstrate that the following approval criteria are met: a. The applicant proposes an alternative design solution that equally or better meets the intent of the specific standard being modified. b. The proposed site and building design is uniquely designed to fit the characteristics of the site and the surrounding area such that it equally or better meets the purpose of the site development standards. c. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located. d. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. e. The requested modification complies with other applicable statutes, ordinances, Ordinance No. 09-4352 Page 5 laws, and regulations. L. Amending subsection 14-46-1A, Applicability, by deleting paragraph 18. and substituting in lieu thereof: 18. Modifications to the site development standards contained in 14-2D-5, Industrial and Research Zone Site Development Standards, and 14-2F-5, Public Zone Site Development Standards, according to the alternate approval criteria set forth in those sections, respectively. The Building Official must obtain approval from the Director of Planning and Community Development prior to granting any such modification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 6th day of July , 2009. Approved by GGr ~. d~D~ ~~G~i~e~ City Attorney's Office 4l• ~uT ATTEST: ~ CITY ERK Ordinance No. 09-4352 Page 6 It was moved by Champion and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~~ Bailey x Champion ~ Correia x Hayek X O'Donnell x Wilburn g Wright First Consideration 6~ 16 /2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright,Bailey. NAYS: None. ABSENT: None. Second Consideration 6/30/2009 Vote for passage: AYES: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: Correia. Date published 7 / 15 / 2009 ~--' M~-~ Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5030 ORDINANCE NO. 09-4353 ORDINANCE AMENDING TITLE 6 "PUBLIC HEALTH AND SAFETY" TO AMEND THE RESTRICTED GARBAGE DUMPSTER PICK-UP HOURS AFTER 10 P.M. AND BEFORE 7 A.M. WHEREAS, City Code section 6-4-3 currently restricts the loading, unloading, opening, closing, and handling of boxes, crates, containers, building materials, garbage cans or similar objects outdoors between 10:00 P.M. and 6:00 A.M. so as to create a noise disturbance across a residential real property boundary; and WHEREAS, the City desires to restrict unloading or handling garbage dumpsters between the hours of 10:00 P.M. and 7 A.M.; and WHEREAS, it is in the public interest to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," Section 3, entitled "Specific Activities Prohibited," Subsection A, entitled "Nighttime and Morning Noise" is hereby amended to read: A. Nighttime And Morning Noise: 1. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. the following morning as to create a noise disturbance across the property line of residentially-zoned property. 2. No person shall unload or handle garbage dumpsters or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. the following morning as to create a noise disturbance across the property line of residentially-zoned property. 3. No person shall operate construction equipment before seven o'clock (7:00) A.M. and after ten o'clock (10:00) P.M. unless a permit therefor has been obtained from the city engineer. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law, on August 1, 2009. Wised and approved this 6th day of July , 2009. ~ / _ 1 ATTEST: ~ `7t . fz-ti-~ CITY ERK by ~~~[~ ~ ~ City Attorney's Office 7/~ /~ 9 Ordinance No. 09-4353 Page 2 It was moved by O'Donnell and seconded by Wight that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion _~ Correia x Hayek X O'Donnell ~_ Wilburn x Wright First Consideration 6/30/2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Correia. Second Consideration ----------------- Vote for passage: Date published 7 / 15 / 2009 Moved by O'Donnell, 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, Wilburn. NAYS: None. ABSENT: None.