HomeMy WebLinkAbout1998-06-16 OrdinancePrepared by: Scott Kugler, Assoc. Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 98-3834
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 6, ZONING, ARTICLE T,
NONCONCORMING USES, STRUCTURES
AND LAND, SECTION 5, BY CHANGING THE
REGULATION OF NONCONFORMING LOTS
OF RECORD.
WHEREAS, the Zoning Chapter recognizes the
existence of nonconforming lots of record which
may not meet the dimensional requirements of
their respective zones, but are allowed to be
developed due to their existence prior to the
adoption of the current requirements, and
WHEREAS, the Zoning Chapter stipulates that
when a lot of record is held in single ownership
with an adjoining property, both properties shall be
considered a single parcel and can no longer be
transferred or built upon as separate parcels, and
WHEREAS, The Zoning Chapter provides for a
process to re-establish a lot of record previously
combined with an adjacent parcel due to single
ownership by special exception, to allow the
construction of a single-family residence,
notwithstanding a failure to meet the lot area
requirements of its respective zone, and
WHEREAS, the Planning and Zoning
Commission has recommended that this special
exception be expanded to allow for the
establishment of single-family residences on
nonconforming lots of record that also fail to meet
the lot width requirements of their respective zone,
provided the lot of record is at least 40 feet in
width.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 14, Chapter 6,
Zoning, Article T, Nonconforming Uses, Structures
and Land, Section 5D be amended to read as
follows:
D. In cases where a lot of record has become
in single ownership and is deemed a single
parcel as set forth in subsection C of this
Section, the Board of Adjustment may grant a
special exception to permit a single-family
dwelling and accessory buildings to be installed
on the lot of record, notwithstanding a failure to
Ordinance No. 98-3834
Page 2
meet the requirements of the zone for lot area
or lot width, provided the granting of the specific
requested exception results in appropriate,
compatible development with surrounding
residential development, the lot of record is at
least 40 feet in width, and the request meets all
of the requirements of this Chapter, including
setback and frontage requirements.
SECTION II. REPEALER. All ordinances and
pads 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 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 ;[6 day of
,June ,1998.
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
Norton
that the
First Consideration 5/26/98
Vote for passage: AYES: Kubby, Lehman, Norton, 0~Donnelt';
Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT:
None.
Second Consideration ....
Vote for passage:
Date published
6/24/98
Moved by Thornberry, seconded by O'Donnell, 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: Norton, O'Donnell,
Thornberry, Vanderhoef, Champion,Kubby, Lehman, NAYS: None. Absent: None.