HomeMy WebLinkAbout1997-02-03 OrdinancePrepared by: Melody Rockwell, Planning Dept., 410 E. Washington St., Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 97-3773
AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING CHAPTER,"
CHANGING THE WAY CHILD CARE IS REGULATED IN IOWA ClT~Y, IOWA
WHEREAS, child care is a service that is increasingly in demand in our community; and
WHEREAS, it is deemed that, with appropriate safeguards, child care centers should be allowed to
locate in all zones -~ residential, commercial, research park and industrial zones -- throughout the
community; and
WHEREAS, it is in the public interest to remove unnecessary regulatory barriers to the provision of child
care,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
SECTION I. APPROVAL. City Code Title 14, Chapter 6, entitled "Zoning Chapter," is hereby amended,
as follows:
Article B, entitled "Zoning Definitions," is hereby amended by repealing the definition "CHILD
CARE FACILITY" in its entirety, and incorporating in lieu thereof the following definitions:
CHILD CARE CENTER: A non-residential child care facility, which provides less than 24-hour
per day care or supervision for twelve or more children, a~d is licensed by the State.
CHILD CARE HOME: A home-based child care facility, which provides less than 24-hour per
day care o~ supervision in a residence for a maximum of eleven children at any one time.
B. Article D, entitled "Residential Zones," is hereby amended by:
Adding a new subsection 14-6D-1 D2 to allow child care centers in the Rural Residential
Zone (RR-1) by special exception, as follows:
2. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-2D1 concerning child care facilities, and
incorporating in lieu thereof a new subsection 14-6D-2D1 to allow child care centers
in the Low Density Single-Family Residential Zone (RS-5) by special exception, as
follows:
1. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-3D1 concerning child care facilities, and
incorporating in lieu thereof a new subsection 14-6D-3D1 to allow child care centers
in the Medium Density Single-Family Residential Zone (RS-8) by special exception, as
follows:
1. Child care centers, subject to the requirements of Article L of this Chapter.
Ordinance No. 97-3773
Page 2
.,
e
10.
11.
12.
13.
Repealing in its entirety subsection 14-6D-4D1 concerning child care facilities, and
incorporating in lieu thereof a new subsection 14-6D-4D1 to allow child care centers
in the High Density Single-Family Residential Zone (RS-12) by special exception, as
follows:
1. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-§D1 concerning child care facilities, and
incorporating in lieu thereof a new subsection 14-6D-SD1 to allow child care centers
in the Neighborhood Conservation Residential Zone (RNC-12) by special exception, as
follows:
1. Child care centers, subject to the requirements of Article L of this Chapter.
Adding a new subsection 14-6D-6C8 to allow child care centers in the Factory-Built
Housing Residential Zone (RFBH) as a provisional use, as follows:
8. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-6D1 to remove the provision, which allows
child care facilities in the Factory-Built Housing Residential Zone (RFBH) by special
exception, and renumbering the remaining five subsections in 14-6D-6D as subsections
1 through 5.
Adding a new subsection 14-6D-7C10 to allow child care centers in the Low Density
Multi-Family Residential Zone (RM-12) as a provisional use, as follows:
10. Child care centers, subject to the requirements of Article L of this Chapter.
Re,pealing in its entirety subsection 14-6D-7D2 to remove the provision, which allows
child care facilities in the Low Density Multi-Family Residential Zone (RM-1 2) by special
exception, and renumbering the subsequent eight subsections in 14-6D-7D as
subsections 2 through 9.
Adding a new subsection 14-6D-8C17 to allow child care centers in the Medium
Density Multi-Family Residential Zone (RM-20) as a provisional use, as follows:
17. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-SD2 to remove the provision, which allows
child care facilities in the Medium Density Multi-Family Residential Zone (RM-20) by.
special exception, and renumbering the subsequent five subsection in 14-6D-8D as
subsections 2 through 6.
Adding a new subsection 14-6D-9C14 to allow child care centers in the Neighborhood
Conservation Residential Zone (RNC-20) as a provisional use, as follows:
14. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-9D1 to remove the provision, which allows
child care facilities in the Neighborhood Conservation Residential Zone (RNC-20) by
special exception, and renumbering the remaining three subsections of 14-6D-9D as
subsections 1 through 3.
Ordinance No. 97-3773
Page 3
14.
15.
16.
17.
18.
19,
Article
1.
Adding a new subsection 14-6D-10C11 to allow child care centers in the High Density
Multi-Family Residential Zone (RM-44) as a provisional use, as follows:
1 1. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-10D1 to remove the provision, which allows
child care facilities in the High Density Multi-Family Residential Zone (RM-44) by special
exception, and renuinhering the remaining four subsections of 14-6D-10D as
subsections 1 through 4.
Adding a new subsection 14-6D-11C11 to allow child care centers in the Planned High
Density Multi-Family Residential Zone (PRM) as a provisional use, as follows:
11. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-11 D1 to remove the provision, which allows
child care facilities in the Planned High Density Multi-Family Residential Zone (PRM) by
special exception, and renumbering the remaining two subsections of 14-6D-11D as
subsections 1 and 2.
Adding a new subsection 14-6D-12C9 to allow child care centers in the
Residential/Office Zone (R/O) as a provisional use, as follows:
9. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6D-1 2D2 to remove the provision, which allows
child care facilities in the Residential/Office Zone (R/O) by special exception, and
renumbering the subsequent nine subsections of 14-6D-1 2D as subsections 2 through
10.
E, (~ntitled "Commercial and Business Zones," is hereby amended by:
Adding a new subsection 14-6E-1C4 to allow child care centers in the Commercial
Office Zone (C0-1) as a provisional use, as follows:
4. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6E-1 D2 to remove the provision, which allows
child care facilities in the Commercial Office Zone (C0-1) by special exception, and
renumbering the subsequent eight subsections of 14-6E-1D as subsections 2 through
9.
Repealing in its entirety subsection 14-6E-2C1 concerning child care facilities, and
incorporating in lieu thereof a new subsection' 14-6E-2C1 to allow child care centers
in the Neighborhood Commercial Zone (CN-1) as a provisional use, as follows:
1. Child care centers, subject to the requirements of Article L of this Chapter.
Adding a new subsection 14-6E-3C2 to allow child care centers in the Highway
Commercial Zone (CH-1) as a provisional use, as follows:
2. Child care centers, subject to the requirements of Article L of this Chapter.
Ordinance No. 97-3773
Page 4
10.
11.
12.
13.
Article
1.
E. Article
'Adding a new subsection 14-6E-4C5 to allow child care centers in the Intensive
Commercial Zone (C1-1) as a provisional use, as follows:
5. Child care centers, subject to the requirements of Article L of this Chapter.
Adding a new subsection 14-6E-5C3 to allow child care centers in the Community
Commercial Zone (CC-2) as a provisional use, as follows:
3. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6E-SD3 to remove the provision, which allows
child care facilities in the Community Commercial Zone (CC-2) by special exception,
and renumbering the subsequent six subsections in 14-6E-SD as subsections 3 through
8.
Adding a new subsection 14-6E-6C4 to allow child care centers in the Central Business
Service Zone (CB-2) as a provisional use, as follows:
4. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6E-6D1 to remove the provision, which allows
child care facilities in the Central Business Service Zone (CB-2) by special exception,
and renumbering the remaining five subsections of 14-6E-6D as subsections 1 through
5.
Repealing in its entirety subsection 14-6E-7B2 to remove the provision, which allows
child care facilities in the Central Business Support Zone (CB-5) as a permitted use, and
renumbering the one subsequent subsection of 14-6E-7B as subsection 2.
Ad.ding a new subsection 14-6E-7C4 to allow child care centers in the Central Business
Support Zone (CB-5) as a provisional use, as follows:
4. Child care centers, subject to the requirements of Article L of this Chapter.
Adding a new subsection 14-6E-8C6 to allow child care centers in the Central Business
Zone (CB-10) as a provisional use, as follows:
6. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6E-SD1 to remove the provision, which allows
child care facilities in the Central Business Zone (CB-10) by special exception, and
renumbering the remaining six subsections of 14-6E-8D as subsections 1 through 6.
F, entitled "Research Development Park Zone," is hereby amended by:
Adding a new subsection 14-6F-3B to allow child care centers in the Research
Development Park Zone (RDP) as a provisional use, as follows:
B. Child care centers, subject to the requirements of Article L of this Chapter.
Repealing in its entirety subsection 14-6F-4A to remove the provision, which allows
child care facilities in the Research Development Park Zone (RDP) by special exception,
and relettering the remaining six subsections in 14-6F-4 as subsections A through F.
G, entitled "Office and Research Park Zone," is hereby amended by:
Ordinance No. 97-3773
Page 5
Article
1,
Article
1.
Adding a new subsection 14-6G-3A to allow child care centers in the Office and
Research Park Zone (ORP) as a provisional use, as follows:
A. Child care centers, subject to the requirements of Article L of this Chapter.
H, entitled "Industrial Zones," is hereby amended by:
Adding a new subsection 14-6H-1D7 to allow child care centers in the General
Industrial Zone (I-1) by special exception, as follows:
7. Child care centers, subject.to the requirements of Article L of this Chapter.
Adding a new subsection 14-6H-2D2 to allow child care centers in the Heavy Industrial
Zone (I-2) by special exception, as follows:
2. Child care centers, subject to the requirements of Article L of this Chapter.
L, entitled "Provisional Uses and Special Exceptions," is hereby amended by:
Repealing in its entirety subsection 14-6L-1D concerning child care facilities, and
incorporating in lieu thereof a new subsection 14-6L-1D, which sets forth additional
regulations for child care centers, as follows:
Child Care Centers: The following requirements shall be met by all child care
centers, whether established as an accessory use, as a provisional use, or by
special exception. (See the table entitled "Child Care Center' Requirements by
Zone" at the end of this subsection L.)
The center shall provide a fenced outdoor play area of not less than
one hundred (100) square feet per child using the area at any given
time.
2. No playground equipment shall be permitted in the front and side yards.
Fenced play areas shall be enclosed or protected, well drained, free
from hazards, and readily accessible to the center. In commercial and
industrial zones, evergreen screening will be provided, in accordance
with the screening performance standards set forth in subsection 14-
6S-11, on the perimeter of the fenced play area, unless the City
Building Official determines that such screening is not needed to buffer
the children from the noise' and dust associated with intensive
commercial and heavy, industrial activities.
..
The center must contain at least thirty five (35) square feet of
accessible, usable interior floor space per child, excluding kitchen,
bathrooms and halls.
The dropoff/pickup area for the center shall be designed to allow for
sufficient stacking spaces located in proximity to the center's entrance.
The separation of pedestrian access and vehicular traffic is encouraged
to minimize the extent to which children are required to walk across
drives or roads to gain access to the child care center. One-way drives
are also encouraged.
The center's operation and maintenance shall meet all applicable State
requirements.
Ordinance No. 97-3773
Page 6
Adding a table entitled "Child Care Center' Requirements by Zone" at the end of
subsection 14-6L, as follows:
CHILD CARE CENTER* REQUIREMENTS BY ZONE
Zone
Residential Zones:
Rural Residential (RR) No No Yes+
Low Density Single-Family Residential (RS-5) No No Yes+
Medium Density Single-Family Residential (RS-8) No No Yes+
High Density Single-Family Residential (RS-12) No No Yes+
Neighborhood Conservation Residential (RNC-12) No No Yes+
Factory Built Housing Residential (RFBH) No Yes+ No
Low Density Multi-Family Residential (RM-12) No Yes+ No
Medium Density Multi-Family Residential (RM-20) No Yes+ No
Neighborhood Conservation Residential (RNC-20) No Yes+ No
High Density Multi-Family Residential (RM-44) No Yes+ No
Planned High Density Multi-Family Residential (PRM) No Yes+ No
Residential/Office (R/O) No Yes+ No
Commercial Zones:
Commerci;~l Office (CO-1) No Yes+ No
Neighborhood Commercial (CN-1) No Yes+ No
Highway Commercial (CH-1) No Yes+ No
Intensive Commercial (C1-1) No Yes+ No
Community Commercial (CC-2) No Yes+ No
Central Business Service (CB-2) No Yes+ No
Central Business Support (CB-5) No Yes+ No
Central Business District (CB-10) No Yes+ No
Research Development Park (RDP) No Yes+ No
Office & Research Park (ORP) No Yes+ No
Industrial Zones:
General Industrial (I-1) No No Yes+
Heavy Industrial (I-2) No No Yes+
* Defined as a facility caring for twelve or more children.
+ Compliance with design guidelines required.
Special
Permitted Provisional Exception
Use Use Required
Note: Child Care Centers are permitted as accessory uses+ in commercial and industrial zones,
and in religious institutions, schools of generalized private instruction and neighborhood centers.
Ordinance No. 97-3773
Page 7
Article M, entitled "Accessory Uses and Buildings," is hereby amended by:
Adding a new subsection 14-6M-1A12 to allow child care homes in the Interim
Development Zone (ID) as an accessory use, as follows:
12. Child care homes
Adding a new subsection 14-6M-lB15 to allow child care centers in the RR-1, RS-5,
RS-8 and RFBH zones as an accessory use when located in a religious institution,
school of generalized private instruction or neighborhood center, as follows:
15,
Child care centers located in religious institutions, schools of generalized
private instruction or neighborhood centers, subject to the requirements of
Article L of this Chapter.
Adding a new subsection 14-6M-lB16 to allow child care homes in the Rural
Residential Zone (RR-1), the Low Density Single-Family Residential Zone (RS-5), the
Medium Density Single-Family Residential Zone (RS-8) and the Factory-Built Housing
Residential Zone (RFBH) as an accessory use, as follows:
16. Child care homes
Repealing subsection 14-6M-1C in its entirety, and incorporating in lieu thereof a new
subsection 14-6M-lC, as follows:
In the RS-12, RNC-12, RM-12, RNC-12, RNC-20, RM-20, RM-44, PRM and R/O
Zones: In addition to the accessory uses included in subsection B of this
Section, storage buildings and off-street loading shall be permitted.
Adding a new subsection 14-6M-1 D3 to allow child care centers in commercial zones
as an accessory use, as follows:
Child care centers, including centers with less than twelve (12) children,
subject to the requirements of Article L of this Chapter.
Repealing the introductory paragraph of subsection 14-6M-1E in its entirety, and
incorporating in lieu thereof a new introductory paragraph of subsection 14-6M-1 E, as
follows:
Eo
In the ORP, I and RDP Zones: Any accessory use is permitted, including but
not limited to printing, publishing, design, development, fabrication,
assemblage, storage and warehousing, and child care facilitiec centers,
including centers with less than twelve (12) children, provided:
Article N, entitled "Off-Street Parking and Loading," is hereby amended by:
Repealing subsection 14-6N-1J4f in its entirety, and incorporating a new subsection
14-6N-1J4f that excludes the term "day care center," as follows:
f. SchooLs, preschools Where permitted
One parking space, which may
be located on a regularly
constructed aisle, for each six
(6) children
Ordinance No. 97-3773
Page 8
Adding a new subsection 14-6N-1J4h to set forth parking and stacking space
requirements for child care centers, as follows:
h. Child care centers Where permitted
One parking space, which may
be located on a regularly
constructed aisle, for each six
(6) children, and one stacking
space, located in proximity to
the center's entrance, for each
twenty (20) children. Any
parking spaces, which are
located near the center's
entrance and adjacent to a
sidewalk that has no
intervening drives or streets
between the sidewalk and the
entrance to the center, may be
counted as both a parking
space and a stacking space.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION Ill. 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 3~d day of Febr'ua~'.y ,19 97 ·
CITY CLERK
or ney's~y~r'
pl~dadmin\chldcare.ocd
Ordinance No. 97-3773
Page 9
It was moved by Kubby and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
Thornberry that the
First Consideration 1/21/97
Vote for passage: AYES:
Vanderhoef. NAYS: None.
Kubby, Lehman,
ABSENT: Baker.
Second Consideration 1/28/97 '
Vote for passage:AYES: Lehman, Norton,
Kubby. NAYS: None. ABSENT: Baker.
Date published 2/10/97
Norton, Novick,.Thornberry,
Novick,Thornberry, Vanderhoef,