HomeMy WebLinkAbout2003-11-24 Ordinance Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE '14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B,
ENTITLED "ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS."
WHEREAS, the definitions of restaurants in the Zoning Ordinance are intended to provide a means to
distinguish between types of restaurants for the purpose of regulating location, parking, and drive-through
facilities; and
WHEREAS, the current definitions of restaurants in the Zoning Ordinance have proven problematic
due to the rigidity of defining types of restaurants by the ratio of seating area to total floor area; and
WHEREAS, changing the definitions of "restaurant" and "carry-out/delivery restaurant" to provide a
distinction based on whether food and beverage is primarily consumed on the premises or is carried or
delivered off-site, will be a more useful distinction than the relative amount of seating area to floor area;
and
WHEREAS, changing the definition of "drive-through/carry-out restaurant" will ensure that only those
restaurants that have drive-through or drive-in facilities are categorized as "auto- and truck-oriented
uses."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning, Article B, Zoning Definitions, is
hereby amended to replace the existing definitions of "Restaurant," "Restaurant, Carry-out/Delivery," and
"Restaurant, Drive-Through/Carry-Out," with the following definition
RESTAURANT: An establishment where the principal business is the preparation and dispensing of
edible foodstuffs and/or beverages primarily for consumption on or off the premises. Restaurants where
the foodstuff and/or beverages are dispensed primarily for off-site consumption are considered "carry-
outJdelivery restaurants." "Drive-through restaurants" are restaurants that have drive-through or drive-in
facilities. Drive-through restaurants are considered "auto- and truck-oriented uses" and as such are only
allowed in zones where auto- and truck-oriented uses are allowed.
City Code Title 14, Chapter 6, Zoning, Article N, Off-Street Parking and Loading, Section 1, Off-Street
Parking Requirements, Subsection J, Required Number of Off-Street Parking Spaces, paragraph 2.t. is
hereby amended to delete the words "carry-out" from the title as follows:
t. Restaurants, drive-through!mr,"; cut
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION VI. 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 VII. 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 ,2003.
MAYOR
Al-rEST:
CITY CLERK
CITY ATTORNE~Y'S OFFICE
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 11/24/03
Voteforpassage:AYES: Vanderhoef, Wi]burn, Champion, Kanner, Lehman, 0'Donnell.
NAYS: None. ABSENT: Pfab.
Second Consideration
Vote for passage:
Date published
Prepared by: Rick Fosse, Public Works, 410 E. Washington Street. Iowa City, IA 52240; 319-356-5141
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE 14
ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND
CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT
CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE
AND RUNOFF," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY
FEE.
WHEREAS, the City of Iowa City, since its incorporation, has constructed a stormwater infrastructure
with point source and non-point source discharges into the Iowa River and the six major creeks; and
WHEREAS, the City stormwater infrastructure carries stormwater runoff either directly or indirectly from
properties within the City to the Iowa River; and
WHEREAS, the Iowa River, the major creeks, and the City's stormwater infrastructure are available for
stormwater and ground water discharges; and
WHEREAS, the City incurs casts to monitor, maintain, replace, and improve its stormwater
infrastructure; and
WHEREAS, the City is now required to have a national pollutant discha~e elimination system (NPDES)
permit to operate and maintain its stormwater infrastructure and to otherwise protect the waters of the Iowa
River and the six major creeks; and
WHEREAS, the City has identified an ongoing need to fund water quality improvements in streams,
creeks, and ditches within the city as well as the need to fund improvements for maintaining and improving
water quality and to mitigate and prevent flooding from st .ormwater runoff into City-owned storm sewers; and
WHEREAS, current and pending Federal and State regulations require the City to take additional
affirmative steps in such areas as public education, public improvements, detection of illicit discharge in
stormwater systems, construction of site runoff control, stormwater management, and pollution prevention
programs to address water quality issues and flood control, which additional activities will create additional
funding 0obligations for such mandated services; and
WHEREAS, pursuant to Chapter 388, Cede of Iowa (2001), the City is authorized to establish City utilities
including a stormwater drainage system utility; and
WHEREAS, the City now desires through this ordinance to create a stormwater drainage system utility
and establish authority to implement and enforce user fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds,
Fines, and Penalties" is hereby amended by:
a. Renumbering Section 3-4-8 to Section 3-4-9.
b. Renumbering Section 3-4-7 to Section 3-4-8.
c. Renumbering Section 3-4-6 to Section 3-4-7.
d. Adding a new Section 3-4-6 as follows:
3-4-6: STORM WATER UTILITY FEE
Description of Fees~ Charge~ Bond Fine or Penalty:
Storrnwater Utility Fee. Users include all users owning or occupying developed property in the city
of Iowa City.
Amount of Fee, Charge, Bond, Fine, or Penalty:
One Equivalent Residential Unit (ERU) = $2.00
SECTION II. AMENDMENT. Title 14, Chapter 3, Article A, entitled "General Provisions" of the City Code
is hereby amended by:
a. Repealing the Subsection entitled "City Utilities, City Utility Services" in Section 14-3A-2 and
substituting the following in lieu thereof:
Ci.ty Utiliti~..~. City. Utili~ ~.rvic~..~: The providing of water, wastewater, stormwater drainage, and/or
solid waste services to persons who are obligated to pay for said services.
Ordinance No.
Page 2
b. Adding a subsection entitled "Stormwater Drainage" in Section 14-3A-2 as follows:
,~JQ~m~E~[~Q~3g~: Stormwater, ground water, and spent water discharged to the City's
stormwater infrastructure.
c. Repealing Subsection 14-3A-4(A)(2) and substituting the following in lieu thereof:
2. All contributors or users owning or occupying property in the city of Iowa City shall be charged for
the service used. In addition, a fee shall be charged to all account holders for operation, maintenance, and
improvements to the City's stormwater infrastructure utility. The City shall review the user charge system and
revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the
costs of operation and maintenance, necessary expansion and debt service, and that the system continues
to provide for the uniform distribution of operation and maintenance among all users. The City will annual
notify all users, in conjunction with a regular bill, of the wastewater treatment charges and that portion of the
user's bill attributable to wastewater treatment services. Such rates and charges shall be in the amounts set
forth in the schedule of fees, Title 3, Chapter 4 of this Cede.
~ That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of
Iowa City, Iowa is hereby amended by adding the following Section 14-3G-10, entitled "Stormwater Utility and
Stormwater Utility Fee":
14-3G-10 STORMWATER UTILITY & STORMWATER UTILITY FEE
A. Pu .mese. It is determined and declared to be necessary and to lead or contribute to a result conducive to
the protection of the public health, safety, welfare, and compliance with federal regulation, that a
stormwater management utility district be established within the city. It is further determined and
declared to be necessary and conducive to the protection of the public health, welfare, and safety of the
city and its residents that charges be levied upon and collected from the owners or occupants of all
developed lots, parcels or real estate, and buildings that discharge stormwater or surface or subsurface
waters, directly or indirectly, to the city stormwater drainage system, and that the proceeds of such
charges so derived be used for the purposes of management of storm water runoff quantity and quality,
construction, operation, maintenance, repair, replacement and debt service for construction of the
stormwater drainage, flood protection and stormwater quality improvements comprising the stormwater
utility.
B. Definitions. As used in this Section, the following definitions shall apply:
City: City of Iowa City
Developed Property: Property upon which a structure or impervious surface has been placed or
constructed, thus increasing the amount of rainwater or surface water runoff.
Director: The Public Works Director or designee.
Drainage Course: A shallow narrow grassed or paved ovedand route, either natural or constructed,
over which water passes.
Dwelling Unit: A singular unit or apadment providing complete, independent living facilities for one or
more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Equivalent Residential Unit (ERU): The average impervious area of a single family residential property
located within the city as periedically determined and established as provided in this Section.
ERU Rate: The dollar value periedically determined and assigned to each ERU as a charge for
stormwater management services, and expressed as SX.XX per ERU.
Exempt Property: Public streets, alleys and sidewalks; all University of Iowa properties; all undeveloped
properties.
Ground Water: Water beneath the surface of the earth which is not bound to soil particles.
Impervious Area: The number of square feet of hard-surfaced areas which either prevent or resist the
entry of water into soil mantle, as it entered under natural conditions as undeveloped property, and/or
cause water to run off the surface in greater quantities or at an increased rate of flow from that present
under natural conditions as undeveloped property, including but not limited to roofs, roof extensions,
patios, porches, driveways, sidewalks, pavement, athletic courts, and semi-impervious surfaces such as
gravel which are used as driveways or parking lots.
Multi-family Residential Property: Residential structures designed with two or more dwelling units to
accommodate two or more families or groups of individuals living separately and not sharing the same
living space.
Non-Point Source Discharge: Water discharged from the earth's surface to a drainage course or water
course.
Non-residential Property: Any developed lot not exclusively residential, including but not limited to,
transient rentals, commercial, institutional, churches, hospitals, governmental properties and parking lots,
Ordinance No.
Page 3
and multi-use properties incorporating residential uses.
Point Source Discharge: Water discharged to the earth's surface through a pipe, conduit, tube, duct,
channel or pumping facility.
Single-Family Residential Property: A detached residential structure designed as a single dwelling unit
to accommodate one family or group of individuals living together and shadng the same living space, but
excluding multi-use properties which include single-family residential uses.
Stormwater Drainage System District: The area served by the stormwater utility.
Stormwater Infrastructure: The entire constructed and natural stormwater and ground water drainage
system within the City limits of Iowa City.
Stormwater Management: The tasks required to control stormwater runoff to protect the health, safety,
and welfare of the public, and comply with state and federal regulations. It includes but is not limited to
street sweeping, erosion control, stormwater basin improvements and maintenance, culvert and storm
sewer maintenance, stormwatar management planning and related public education.
Stormwater Utility: The utility established under this Section for the purpose of managing stormwater
and imposing charges for the recovery of costs connected with such stormwater management.
Surface Water: Stormwater, ground water, and spent water received by the earth's surface.
Undeveloped Property: A parcel that has no impervious area.
User: The owner and/or occupant of any developed property within the limits of Iowa City.
Water Course: A natural ovedand route through which water passes, including drainage courses,
streams, creeks, and rivers.
C. ~. The entire City is hereby organized into one stormwater utility district.
D. ~. The City shall have the following powers, duties, and responsibilities with respect to
the Stormwater Utility:
1. Prepare ordinances as needed to implement this division and forward the ordinances to the City
Council for consideration and adoption, and adopt such regulations and procedures as are required
to implement this division and carry out its duties and responsibilities.
2. Administer the design, construction, maintenance and operation of the utility system, including capital
improvements designated in the comprehensive drainage plan.
3. Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair,
conduct, manage, and finance such facilities, operations, and activities, as are deemed by the City to
be proper and reasonably necessary for a system of storm and surface water management. These
facilities may include, but are not limited to, surface and underground drainage facilities, storm
sewers, watercourses, ponds, ditches, and such other facilities relating to collection, runoff, and
retention as will support a stormwater management system, whether such facilities are owned and
operated directly by the City or are provided under statutory or contractual provisions and furnishings
of which facilities create or impose a cost or charge upon the City for the service afforded by such
facilities.
4. The City shall separately account for the stormwater utility finances. The stormwater utility shall
prepare an annual budget, which is to include all operation and maintenance costs, costs of
borrowing, and other costs related to the operation of the stormwater utility. The budget is subject to
approval by the City Council. Any excess of revenues over expenditures in a year shall be retained
in a segregated fund, which shall be used for stormwater utility expenses in subsequent years.
Stormwatar utility fees collected shall be deposited in the stormwater enterprise fund and shall be
used for no other purpose.
E. Establishment nf Eq~Jivalent Re.~idential Unit (ERU) rate and .~tormwater Htility charge.
1. For purposes of this article, an ERU shall be equivalent to 3,129 square feet of impervious area.
2. Except as provided in this article, every user owning or occupying property that is not exempt
property in the City of Iowa City shall pay to City a stormwater utility charge as determined in this article.
In the event the owner and the occupant of a particular property are not the same the liability for payment
of the stormwater management charge attributable to that properly shall be joint and several as to the
owner and occupant.
3. The ERU rate to be applied to properties shall be as defined in §3-4-6 of the City Code.
4. The monies derived from the stormwater utility charge shall be used solely for the operation and
maintenance of the City wide stormwater infrastructure and related water quality programs.
F. DeterminRtinn of .~tormwater ~Jtilil¥ charge
Ordinance No.
Page 4
1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate
per month. As to these properties, the stormwater utility charge shall commence upon the earlier of the
following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has not been issued
for the residence.
2. For multi-family residential properties the stormwater utility charge shall be 50% of the ERU rate
multiplied by the number of individual dwelling units existing on the property. As tO these properties, the
stormwater utility charge shall commence upon the eadier of the following:
a. The issuance of a certificate of occupancy;,
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has not been issued
for the residence.
3. For non-residential property, the stormwater utility charge shall be 100% of the ERU rote
multiplied by the numerical factor obtained by dividing the total impervious area of the particular
property by the number of square feet in one ERU. The minimum charge shall be equal to 100% of
the ERU rate. As to these properties, the stormwater utility charge shall commence upon the earlier of
the following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has not been
issued for the residence.
G. &pl:zeaL~
1. An owner or occupant of a multi-family residential property aggrieved by the initial or any subsequent
calculation of the number of dwelling units upon or in such property, calculation of the stormwater utility
charge, or allocation of such charge among occupants, may appeal such calculations and allocation to
the director. Upon such appeal, the stormwater utility charge for such property may be recalculated
utilizing information supplied by the appealing owner or occupant, provided such information is ver~ed as
correct by the director.
2. An owner or occupant of non-residential property aggrieved by the initial or any subsequent
determination of the total impervious area of such property, calculation of the stormwater utility charge for
such property, or allocation of such charge among occupants, may appeal such calculations and
allocation to the director. Upon such appeal, the stormwater utility charge for such property may be
recalculated utilizing information supplied by the appealing owner or occupant, provided such information
is verified as correct by the director.
3. Any adjustment of the stormwater utility charge resulting from such appeal shall be retroactive to the
date the appeal was filed.
4. Appeals by the owners or occupants of property subject to stormwater utility charges shall include a
statement of the number of dwelling units, total property area, and/or total impervious area, as
appropriate for the particular grounds for appeal. Such information may be shown on the stormwater
utility reporting forms or on appeal forms, and may be accompanied by plats, County Assessor's
records, or survey data. The director may request additional information from the appealing party.
Based upon the information provided by the utility and appealing party, the director shall make a
final calculation of the stormwater utility charge. The director shall noti~ the parties, in writing, of the
director's decision within 90 days after receipt of the appeal. If still aggrieved, a party may request, in
writing, a review by the City Manager of the director's decision. Such request must be filed with the
City Manager within 30 days after the director's decision, shall cite the specific error by the director,
and shall include the calculation of stormwater utility charge which the appealing party believes to be
correct. The City Manager shall review the record presented and render a written decision within 30
days after receipt of the request for review. The City Manager may request additional information
from the director or the appealing party. If still aggrieved, a party may request review of the City
Manager's decision by the C~ Council in the same manner as above, provided for review by the
City Manager. The filing of an appeal shall not excuse the payment of the stormwater utility charge
when due. However, the City shall refund any portion of the charge paid subsequent to the filing of
the appeal which is adjudged to be excessive, with interest at the rate provided by law.
H. Billing procedures, delinquent ~cco~Jnts ~nd colleqfion procedures.
Ordinance No.
Page 5
1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwater
utility district.
2. Collection and delinquent account procedures shall be as in {}14-3A-6 of the City Code.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V REVERAI~ILITY, 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 VI. 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
(~it~ ,~ttom~y'~fOffice
pweng/ord/stormwater 11-03.doc