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Home My WebLink About1997-08-26 OrdinanceITEM 5d(2) MOTION: Move to amend the ordinance to require a minimum fee equal to 75% of the required parking spaces in the CB-5 zone, to require between 15% and 35% of the required spaces on site, and to require the fee to be increased accordingly if less than 25% of the required spaces are provided on site. Ordinance No. Page 6 the Near Southside Parking Facility Dis- trict; and sixty sixty-six and two-thirds percent (66%%) to users from other areas. Cost per Space: Based on the foregoing, the amount of the parking facility impact fee required by this Article, in 1992 dollars, shall be four thousand dollars (94,000.00) per parking space for resi- dential uses. The parking facility impact fee shall be adjusted annually accordir to provisions of subsection F of seotion. In-Lieu Payment: In order that a, ~d in the Near Southside Parki~ Fa¢ili- )istrict is intensively used, that a por ~n of residential parkin! combined in a :ity off-street facility or faciliti~ rather than sc through- out the 9ar Southsi~ Parking Facility Distriot, finds that the residential impact fee shall be of providing seventy- five percent (7 of the parking spaces otherwise r~ d by the City Zoning Ordinance ~ntial uses in the CB-5 zone and fifty percent (50%) the spaces otherwise requir by the Ordinance for resil uses in all 9r zones of the N~ Southside Parking oility District. Council further finds ~t this park- ~g facility impact fee is ~nably and rationally related to the sed off- street parking need or impact ted by said new residential development. Formula: The total residential facility impact fee required by this shall be oalculated by multiplying number of parking spaces otherwise required by the Zoning Ordinance for residential uses by seventy-five percent (75%) in the CB-5 zone and fifty percent (50%) in all other zones of the district, and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x .75) RIF = TRF or (RPS x .5) RIF -- TRF Ordinance No. Page 7 Where: RPS is the number of parking spaces otherwise required by the Zoning Ordinance for residential use; RIF is the per space residential parking facility impact fee for resi- dential uses; and TRF is the total residential park- ing facility impact fee required by this Article. Adjustment: To ensure accurate of current parking facility costs, the amoun' the ng facility impact fee r~ by this ~rticle shall be adjus~ annually ~n the national cost ~ontained in t most recent Means Foot Costs Fo edition manual G. Do~ ing facility irr thereof by the in a form County 1 4~9A-8: PAYMI A. The City late and calculation of park- fees and the receipt shall be documented e in the office of the nager or gnee shall calcu- ;ss the parking impact fee upc issuance of an cupancy per- mit. fee payor may p~,y the entire fee the issuance of the~;~ccupancy perI or may elect to pay ft~e fee in th~ (3) equal annual installmei~s, the fi/~'s! of which shall be due and collated ~t the issuance of the occupancy per~;~t. If the fee payor elects to pay the fee ~, three (3) annual installments, the fee~ payor shall execute an agreement with the City before the City issues a occu- pancy permit, which agreement sets forth the timing and amounts of the remaining installments to be paid and also sets forth that, upon confirmation. by the Iowa City Finance Department that the fee payor has defaulted on an install- ment payment, the City Clerk shall certify the outstanding fee balance to Johnson County as a lien upon the premises for which the occupancy permit was issued. Said lien will not preclude the City from pursuing recovery of the fee by other legal or equitable remedies. Ordinance No. Page 8 14-9A-9: A. the Cit' hundred the ex As used in tl deemed "enc has approw and/or cor or facilitk Facility 14-9A-10: RESTR FUND: A. Fun B B. ~e All fees collected shall be promptly trans- ferred for deposit in the Near Southside Parking Facility District Impact Fee Re- stricted Fund, established in Section 9A-10 hereof, and held there and used solely and exclusively for the purposes specified in this Article. REFUND OF FEES: Any funds not expended for a City park-/ ing facility or which remain unencum,2/ bered by the end of the calendar quar~r immediately following five (5) year~/ffom the date of the final impact fee p/~'yment shall, on application of the fee/payor or the fee payor's successor in~terest, be ~turned to such fee payor/XNith interest at~the rates earned by/the Restricted Fur during such time/~'s the fees were hel. the Fund, prov/i'ded the fee payor subm an applicati for the refund to nee within one calendar days of five (5) year period. Jbsection, funds shall be ~bered" if the City Council contract for acquisition n of a parking facility ;ar Southside Parking .ITY IMPACT FEE \ There'i hereby estab- d the Near Southside Facility Impact Fee Res~ Fund. of Funds: Monies held in the ;d Fund, including any accrued t, shall be used solely and ex~ for the purpose of the City capit. im- provement costs for providing !- street parking facilities to be locate in the Near Southside Parldng Facili- ty District, and shall not be used for maintenance or operation or for any other purpose. Monies shall be expended in the order in which they are collected. In the event that bonds or similar debt instruments are issued for the construction of capital facilities for which parking facility impact fees Ordinance No. Page 9 are to be expended, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments, as capital improvement costs. 4. Monies in the Restricted Fund may be used to provide refunds as pro- vided in Section 14-9A-9 hereof. 5. Monies in the Restricted Fund shall be used for the purposes enumerat- ed herein, exclusive of all others and shall remain inviolate within the Re~J stricted Fund. ~ C. )~nnual Report Required: At least/Or~ce each fiscal year the City Mana/g'er or desknee shall present to the Cit/y/Council an ac~,oun.ting of the Restrict~ Fund. 14-9A-11: P~I ,KING FACILITIE/Sz' A. On-Site I~ irking Spaces:j 1. Not~ ~standing provisions of the Zonin the c o nt r"a.ry, dential shall requir, tO more (25%) wise no the which may be to fment of the resi- facility impact fee residential fee payor :wer than and no W-five percent spaces other- uired in the 3-5 zone and than fifty pert ~t (50%) of parking spaces 'wise re- residential uses the site all other zones within Near Parking Facility ',t. 2. Those parking spaces [ n- site after payment of the facility impact fee shall: a. Be sized in accordance with the prevailing proportionality re- quirements of the Zoning Ordi- nance regarding standard and compact car sized spaces; and b. Include all required disabled accessible spaces. Construction of Parking Facility: The off- site parking facilities financed in part by the Near Southside Neighborhood parking facility impact fee shall be: 1. Constructed in the Near Southside Parking Facility District. Ordinance No. Page 10 2. 3. Constructed at a time and in accord with a design at the sole discretion of the City Council. , Designed and operated to accommo- date new parking demands up to fifty percent (50%) of capacity and existing demand up to fifty percent (50%) of capacity. 2: RIGHTS OF FEE PAYORS: 'his Article is intended to provide resi- ~ntial fee payors a reasonably and ratio- y calculable method to meet the/ ne. ~s for off-street parking created by// the ir~levelopment for residents of ne~ re., de~tial development in the /Near So~th s~le Parking Facility District.,/ The pay~ ent of the parking fa/~11ity im- pact fee ~ )es not guarantee a/residential fee payor parking space ~f a monthly permit in a ity off-street facility, either existi~ or those in part by this City Manag- er or designee extent reason- ably possible, ~reference to occu- pants of resid, ial development for which a parkin! cility impact fee was paid. 14-9A-13: EXEMF 'ROM PROVISIONS: The following be )ted from the requirements o A. Re~ 31 develo tutes housing" Zoni ] Ordinance. which consti- defined in the B. Hi~ )ric ,,~,~ in the Near :hsi, Neighborhood Red~elopment ~1~ and that have been pre~rved or re., ~red in accordance with th~ 1990 · revised edition of the Secretary of~nteri- / ors Standards for Rehabilitation'~.and -- Guidelines for Rehabilitating Histb~ic Buildings, to the extent that the payor shall be exempt from providing the~ on-site parking spaces otherwise re- quired, but the impact fee provided here- in must be paid. 14-9A-14: VIOLATIONS AND PENALTIES: Any violation of this Article shall be considered a simple misdemeanor or Municipal infraction provided for in Title 1, Chapter 4 of the City Code. Ordinance No. Page 1 1 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION If1. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged 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 unconsti- tutional. ECTION IV. EFFECTIVE DATE. This Ordi- nee shall be in effect after its final passage, a ~roval and publication, as provided by law. ssed and approved this ATTEST: CITY :LERK APl City ppdadmin\chap9.ord Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 97-3802 AN ORDINANCE AMENDING TITLE 14, CHAP- TER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGI~I, REGULATIONS," TO PERMIT PROJECTING SIGNS AS A PROVISIONAL SIGN IN THE CB-5, CENTRAL BUSINESS SUPPORT ZONE AND THE CB-10, CENTRAL BUSINESS DISTRICT ZONE. WHEREAS, projecting signs have been prohibited in the CB-5, Central Business Sup- port zone, and the CB-10, Central Business District zone, since the 1970s; and WHEREAS, unregulated projecting signs may lead to businesses installing bigger, bright- er and more colorful signs in an attempt to overshadow adjacent signs and business; and WHEREAS, small, pedestrian oriented projecting signs will benefit both the business erecting the sign as well as the overall street- scape; and WHEREAS, projecting signs are appropriate in the pedestrian-oriented CB-10, Central Business District zone and the CB-5, Central Business Support zone; and WHEREAS, because projecting signs may have a substantial impact on the character of downtown Iowa City, design of projecting signs will be subject to Design Review Committee approval; and WHEREAS, projecting signs will have size and location restrictions placed on them to help ensure they remain unobtrusive and do not create visual clutter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT Chapter 6, entitled "Zoning," Article O, entitled "Sign Regula- tions," Section 5, entitled "Signs Permitted by Zone; Regulations:", Subsection F, entitled "CB-5 and CB-10 Zones" is hereby amended to Ordinance No. Page 2 97-3802 include the following additional paragraphs and subparts: 14-60-5F. CB-5 and CB-10 zones: 2. Provisional signs: e. One projecting sign per ground floor business, provided it does not exceed six (6) square feet per sign face, does not project more than five feet (5') out from the building wall, is not less than eight feet (8') or more than twelve feet (12') above grade, is not thicker than four inches (4"), is not illuminat- ed, and provided the business does not have an awning sign or signs. Any projecting sign must be fixed to the building wall, or to a pole which is mounted on the building, but may not be swinging or easily moved by wind. The sign face must be installed per- pendicular to the building wall. A business wishing to install a projecting sign must show proof of liability insur- ance. Prior to obtaining a sign permit the business must also obtain Design Review Committee approval for the design of the projecting sign according to procedures and guidelines estab- lished by the Design Review Commit- tee and approved by the City Council. Said procedures shall be consistent with those outlined in City Code Sec- tion 14-6J-5D, unless the construction of the projecting sign is accompanied by another change in appearance or alteration of the exterior features of a building which requires a design re- view application under Article 14-4E, Design Review. In those instances, the Committee shall follow the require- ments of Article 14-4E, Design Re- view. The Committee shall establish design guidelines specifically for pro- jecting signs which shall be used in all instances. f. Awning signs, provided the business does not have a projecting sign. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 97-3802 Page 3 Passed and approved this 2§th day of August ,19 97 ¢/,~,~ ~), ~/~,~ MAYOR {..~..~. ~ ( `3 ATTEST: .~'/'( ~:~r,-/__~,~¢~,.." CITY CLERK A~.,~oved by ..-. City Attorney's Office ppdadmin\projord.wp§ Ordinance No. 97-3802 Page 4 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thomberry X Vanderhoef Vanderhoef that the First Consideration 7/:[5/97 Vote f or passage: AYES: Norl:on, Novick, Thornberr~v, Vanderhoef, Baker, Lehman. NAYS: Kubb.y. ABSENT: None. Second Consideration 7/29/97 Vote for passage: AYES: Baker, Lehman, Norton, Novick, Thornberry, Vanderhoef. NAYS: Kubby. ABSENT: None. Date published 9/3/97 ,/ Prepar~ohn Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52: ORDINANCE NO. ~ AN ORD,NANCE AM?,NG ~,~T.E~4. C.~ ~ TER 6. E~T,TLE~ ZO.,.G...~RT,CL~O. ~ E.T,T.EO S,G..REGULAT,O.S. TOP "~,,T ~PROJECTING SIGNS AS A PROVISION, SIGN ~ N THE CB-5, CENTRAL BUSINESS ~NE AND THE CB-10, 'RICT ZONE. 319-356-5247 :'REAS, projecting ns have been [ in the CB-§, Cel Business Sup- port the CB-1 Central Business District since the and WHERE projecting signs may lead to installing bigger, bright- er and more I signs in an attempt to overshadow adj~ signs and business; and WHEREAS pedestrian oriented projecting De~,efit both the business erecting th. n as well'~s the overall street- scape; any ~. WH~/Rf projecting si~s are appropriate in th,9/ pedestrian-oriented i~-10, Central BusiD~ss District zone and the ~,,B-5, Central Burness Support zone; and. . '~. / WHEREAS, because projecting s~gns may ~ave a substantial impact on .the .cha.r~cter of downtown Iowa City, design of projectin~igns will be subject to Design Review Comm'i~tee approval; and ~ WHEREAS, projecting signs will have siz~ and location restrictions placed on them to help ensure they remain unobtrusive and do not create visual clutter. ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~ SECTION I. AMENDMENT Chapter 6, entitled "Zoni,n,g," Article O, entitled "Sign Regula~ tions, Section 5, entitled "Signs Permitted by Zone; Regulations:", Subsection F, entitled "CB-5 and CB-10 Zones" is hereby amended to include the following additional paragraphs and subparts: 14-60-5F. CB-5 and CB-10 zones: 2. Provisional signs: e. One projecting sign per ground floor business, provided it does not exceed six (6) square feet per sign face, does not project more than five feet (5') out from the building wall, is not less than eight feet (8') or more than twelve feet (12') above grade, is not thicker than four inches (4"), is not illuminat- ed, and provided the business does not have an awning sign or signs. Any projecting sign must be fixed to the building wall, or to a pole which is mounted on the building, but may not be swinging or easily moved by wind. The sign face must be installed per- pendicular to the building wall. ~ businass wishing to install a projecting ign must show proof of liability insur- :e, and must obtain Design Review mittee approval according to ures and guidalinas established by tha sign Reviaw Committee prior to obta a sign permit. A business wishin.q nstall a proiectin.q sign must show ~f of liability insurance. Prior to a sign permit the business must so obtain Design Review Com~ ~pproval for the design of the ~ si.qn accordin.q to procedures and estab- lished bv the Design Commit- tee and approved by the Council. Said procedures shall be ~sistent with those outlined in Cit, Sec- tion 14-6J-5D, unless the of the proiectin.q si.qn is aceore ~d by another change in appearance alteration of the exterior features of building which requires a desi.qn re- view application under Article 14-4E, Desi.qn Review. In those instances, the Committee shall follow the require- ments of Article 14-4E, Design Re- view. The Committee shall establish desi.qn .quidelines specifically for pro- jecting signs which shall be used in all instances. f. Awning signs, provided the business does not have a projecting sign. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 No. Page 3 Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,19 MAYOR ATTEST: CITY CLERK ~proved by City ~ey's Office P~ed by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. .' ' AN ORDINANCE AMeNDiNG TyLE ~ TER 6, ENTITLED ZONING, ARTIC/EE O, ~ ENTITLED "SIGN, REGULATIONS," Tg/PERMIT ~ PROJECTING SIGNS AS A PROVISI(~.NAL SIGN ~ IN THE CB-5, CENTRAL BUSINE§S SUPPORT ~ZONE AND THE CB-10, CENTF~AL BUSINESS STRICT ZONE. /," projectin,g, signs have been ed in the CB-5,/G'entral Business Sup- port and the C, El-10, Central Business District since t,h~ 1970s; and projecting signs may lead to installing bigger, bright- er and more c 'ful signs in an attempt to overshadow signs and business; and WHERE pedestrian oriented projectingi~igns will )efit both the business erectrag/the s~gn as I~ as the overall street- scape;z~nd WHEREAS, project n~ is are appropriate in ,~he pedestrian-oriented :B-10, Central BuSiness District zone and th, ~B-5, Central ~usiness Support zone; and / WHEREAS, because projectin! 'gns may / have a substantial impact on the ~cter of downtown Iowa City, design of pro :ns will be subject to Design Review approval; and WHEREAS, projecting signs will have and location restrictions placed on them to hel ensure they remain unobtrusive and do not create visual clutter. / NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT Chapter 6, entitled "Zoning," Article O, entitled "Sign Regula- tions," Section 5, entitled "Signs Permitted by Zone; Regulations:", Subsection F, entitled "CB-5 and CB-10 Zones" is hereby amended to include the following additional paragraphs and subparts: 14-60-5F. CB-5 and CB-10 zones: 2. Provisional signs: e. One projecting sign per ground floor business, provided it does not exceed six (6) square feet per sign face, does not project more than five feet (5') out from the building wall, is not less than eight feet (8'} or more than twelve feet (12') above grade, is not thicker than four inches (4"), is not illuminat~ ed, and provided the business does not have an awning sign or signs; Any projecting sign must be fixed to the building wall, or to a pole Which is mounted on the building, ,b'Ut may not be swinging or easily m,e~/ed by wind. 'he sign face must/b~ installed per- ndicular to the /15uilding wall. A Iness wishing 70/ install a projecting sl must show/l~roof of liability insur- am and musZt obtain Design Review Coml ttee/"approval according to guidelines established by the ~ign Review Committee prior to obt a sign permit. f. Awr ~s, provided the business dol a projecting sign. R. All ordinances and parts of~rdinances in ,'~nflict with the provi- sions/e~f this Ordinance a~e hereby repealed. SEC~ON III. SEVERABILI~TY. If any section, pr~;;~ision or part of the ~rdinance shall be a/judged to be invalid or uncb~stitutional, such ~djudication shall not affect th~ validity of the Ordinance as a whole or any sec~on, provision or part thereof not adjudged invalia~or unconsti- tutional. SECTION IV. EFFECTIVE DATE. T~is Ordi- nance shall be in effect after Ks final p~ssage, approval and publication,. a .~provided b~,aw. Passed and approved this _ . darieN of MAYOR ATTEST: CITY CLERK ~'~ it~ r n eY' ~O f/i c e~ -/~-~ ppdadmm\projord.wp5