HomeMy WebLinkAbout1995-11-07 OrdinanceORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CHAPTER BY INCORPORATING A NEW SECTION 14-6K-1,
ENTITLED "SENSITIVE AREAS ORDINANCE," TO REGULATE DEVELOPMENT IN ENVIRONMENTAL-
LY SENSITIVE AREAS IN IOWA CITY, IOWA.
WHEREAS, pursuant to a City Council directlye to develop an ordinance which permits the reasonable use
of properties containing sensitive features while protecting such resources from destruction, the Sensitive
Areas Committee has generated the Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Ordinance will implement the environmental policies set forth in the Iowa
City Comprehensive Plan; and
WHEREAS, the Sensitive
damage due to flooding, e
reduced quality of life; and
Ordinance is intended to protect the public from injury and property
and other natural hazards as well as a loss of natural heritage and
WHEREAS, the Sensitive
mentally sensitive features,
prairie remnants, and archaeolo
)rdinance will regulate development on properties containing environ-
wetlands, stream corridors wooded areas, hyddc soils,
sites; and
WHEREAS, the Sensitive Areas C
minimizes disturbance
will foster urban desigr preserves open space and
sensitive features and nat~ resources; and
WHEREAS, the Sensitive Areas Ordir
properties which contain environmentall'
importance of environmental
is designed to
msitive features a
and define the reasonable use of
resources while recognizing the
destruction; and
WHEREAS, the Planning and Zoning
reviewed the Sensitive Areas Ordinance and
purposes stated above.
I Areas Commission have
its adoption to carry out the intents and
NOW, THEREFORE, BE IT ORDAINED BY
THAT:
SECTION I. APPROVAL.
A. Chapter 6, entitled "Zonir~
hereby repealed in its entirety,
enacted, with the followin
Areas Ordinance", and
B. Sections 1-10 ol the
are hereby renumugred
Section 1,~-~K 2, titlad
section 14-6K-1,
COUNCIL OF THE CITY OF IOWA CITY, IOWA,
in lieu
listed below
"Flood
K, previously
transferred as
"Flood Plain
"Sensitive Areas Ordinance,"
"Flood Plain Management Ordinance," is
Article K "Environmental Regulations", is
and titled as follows: 14-6K-1: "Sensitive
ement Ordinance".
I "Flood Plain Management Ordinance,"
iraphs A - J of the newly created
following the newly created
nich is hereby enacted as follows:
14-6K- 1:
SENSITIVE AREAS
Purpose: The pt
1.
2.
the Sensitive Areas Ord
environmental policies of the Com[ Plan.
the reasonable use of properties which contain environmentally sensitive
md natural resources while recognizing the importance of environmental resoum-
es protecting such resoumes from destruction.
for ecologically sound transitions between protected environmentally sensitive
areas and urban development.
Protect the public from injury and property damage due to flooding, erosion, and other
natural hazards which can be exacerbated by development of environmentally sensitive
land.
331')
Ordinance No.
Page 2
5. Foster urban design that preserves open space and minimizes disturbance of environ-
mentally sensitive features and natural resources.
6. Provide for the mitigation of disturbances of environmentally sensitive features and natural
resources through requiring and implementing mitigation plans, as needed.
Definitions: ~pply to the inte~ enfomement of the Sensitive
Areas Ordinance
ARCHAEOLOGICAL SITE,
cance that is determined
Register of Historic Places.
[NIFICANT: An archaeological
State Historic Preservation
or historic signifi-
eligible for the National
BUFFER: An area of land that is
transition area that
habitat and protected wetland.~
~cent to a d~
attenuates
corridors and '
sensitive area and provides a
flows and preserves wildlife
BUFFER, NATURAL: A land lrea
merit activity
sensitive area where develop-
unless otherwise exempt herein.
COMPENSATORY MITIGATION: Creatir
wetland in exchange for allowin~c
enhancing or expanding an existing
activities to occur within an existing wetland.
CONSTRUCTION AREA: The portion
improvements may take
land where development activity and other
DEVELOPMENT ACTIVITY: Any
including, but not limited to the
mining, dredging, filling, grading,
ties. "Development
inclu
to improved or unimproved real estate,
buildings or other structures,
or ddlling operations and construction activi-
of ownership.
DIAMETER, TREE TRUNK:
if on a slope, measL
the diameter shall be the
diameter of a tree
high side of the slo
~f the diameter.~
nk measured at 4 1/2 feet above ground;
In the case of a tree with multiple trunks,
DIRECT DISCHARGE:
or developing property
channel or other
.~ of untreated
the use of
r into a wetland from a developed
culvert, drainage tile, ditch, swale,
FLOOD EVENT; 1( ~ YEAR:
being equaled or year,
at least , one hundred (100) years.
nitude ¢
s a one percent (1%) chance of
]e will be equaled or exceeded
FLOOD PLAII'
frequency
inundated
Any land area susceptible to being inundated by water as a result of a specific
For instance, the 100-year flood plain is the area of land susceptible to being
100-year flood event.
The channel of a dyer or stream and those portions of the flood plains adjoining the
channel ~y required to carry and discharge flood waters so that confinement of
flood the floodway area will not result in substantially higher flood elevation. Where
, data has been provided in the Flood Insurance Study, such data shall be used to define
the limits.
FULLY HYDRIC SOILS: Soils susceptible to water saturation, which are designated as fully hydric
soils by the USDA Soil Conservation Service as of December 1993.
GRADING: Any excavating or filling or a combination thereof, including compaction.
Ordinance No.
Page 3
GROVE OF TREES: Ten or more individual trees having a diameter of at least twelve (12) inches,
and whose combined canopies cover at least fifty (50) percent of the area encompassed by the
trees.
PRAIRIE REMNANT: Prairie areas that have remained relatively untouched on undeveloped,
untilled portions of properties and contain primarily a mixture of native warm season grasses
interspemed with native flowering plants. Known extant prairie remnants are identified on the Iowa
City Sensitive Areas Inventory Map - I.
PREHISTORY: Relating to
1700 AD in Iowa City).
in times antedating written histoni
approximately
SENSITIVE AREAS CONSI:
and associated buffers within planned,
separately from buildable lots by
tion organization, or dedicated to the
A separate tract
subdivisions
)rotects sensitive areas
building site plans; held
or a nonprofit consen/a-
SENSITIVE AREAS DEVELOPMENT A plan
conjunction with ~ rezonin(
areas and associated buffers within a planl
be submitted and approved in
designates protected sensitive
SENSITIVE AREAS INVENTORY MAP
designations of potential environmentall'
steep slopes, hydric soils, prairie r~
of the Iowa City sen/ice area with
such as woodlands, wetlands, floodplains,
lical, historical and archaeological features.
SENSITIVE AREAS OVERLAY (OSA) ZONE:
that requires the approval of a Sensitive
sensitive areas and their associated
nned development rezoning of a tract of land
Plan, which designates protected
SENSITIVE AREAS, PROTECTED:
sensitive features that
Areas Development Plan and where
a parcel of land containing environmentally
Sensitive Areas Site Plan or a Sensitive
activity is allowed.
SENSITIVE AREAS SETBACK L A
steep slopes, ired
on a proposed development plan or site
.~nsitive areas, such as wetlands, streams,
SENSITIVE AREAS SITE
require a Sensitive Areas
areas to warrant
A site pla
f (OSA) rezoning and is
under an approved I:
a tract of land that does not
but which contains sensitive
sensitive areas on said tract.
SLOPE: An inclined
least 10 feet, and wh
~nd surface, either ,g or altered, with a vertical rise of at
is not otherwise approved by the
A slope of twenty-five (25) percent,
than forty (40) percent.
SLOPE, PERCE
of the slope
percentage value,
The slope of a designated the horizontal run
~rtical rise of the same slope and convertipg the resulting figure into a
SLOPE, PROTECTED: Any slope of forty (40) percent or steeper.
SLOPE, STEEP: A slope of eighteen (18) percent, but less than twenty-five (25) percent.
STREAM CORRIDOR: A river, stream or drainageway shown in blue (the blue line) on the most
current U.S. Geological Survey Quadrangle Maps, and the area of its delineated floodway. In
Ordinance No.
Page 4
cases whore no floodway is delineated, the blue line will serve as the centerline within a 30-foot
wide stream corridor.
TREE, FOREST: Any tree two (2) inches in diameter or greater, and included on the list of forest
trees approved by the City.
WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. For the purposes of this ordinance,
wetland shall mean a jurisdictional wetland as delineated by the U.S. Army Corps/of Engineers or
a wetland specialist, based on the current federal delineation manual.
WETLAND SPECIALIST: An individual c(9rtified as a wetland specialist by/the Society of Wetland
Scientists, and/or a person who can der~nstrate to the City that they/have expertise in wetland
areas which may include delineation, miti{~tion and evaluation. ~
WOODED AREAS: Includes woodlands a~/or groves of tre~s defined in this section.
WOODLAND, WOODLAND AREA: - Any trac~of land with a c.c./ntiguous wooded area not less than
two acres and containing not less than 200 fo'~st treesTacre.
WOODLAND CLEARING: The destruction or i~mo ,arof tv tees within woodlands subject to this
Section by physical, mechanical, chemi I th~ ~~ch htat the clearing results in a total
opening in the woodland canopy of 20,000 squar~/feet or more.
Applicability:
1. Sensitive Areas Overlay (OSA) Zo~
a. A Sensitive
on properties containin,
1 ) Wetlands,
2) Woodlands
one of
l is required prior to development activity
following sensitive features:
in size rearer, where other sensitive features
3) Critical
4)
as defined
referenced
the site.
A
that dell
a plan
the
or
slopes (40%+)
Definintions Section
14-6K-C3
req~
development, which Plan
and approval of a Sensitive Areas
[nce in accordance with the Planned Develo
procedures and regulations, as specified in
and as delineated on the maps
~s existing on
)pment Plan
iated buffers in the manner of
ed and approved as part of
shall be by
Housing Overlay Zone
14-6J-2D of this
Sensitive Areas Site Plan
a. On a property containing one or more of the following sensitive features shall
require a Sensitive Areas Site Plan prior to development activity:
1)
2)
3)
4)
5)
6)
Fully hydric soils
Prairie remnants one acre in area or larger
Stream corridors
Archaeological sites
Steep slopes (18-24%)
Woodlands two acres in size or greater, when no other sensitive features
exist on the site
Ordinance No.
Page 5
as defined in the Definitions Section herein and as delineated on the maps refer-
enced in subsection 14-6K-1 C3 of this ordinance and/or vedfied as existing on the
site.
b. Recording requirement. An approved Sensitive Areas Site Plan that contains a
protected sensitive area and/or buffer, or has a designated conservation ease-
ment, shall be recorded in the Johnson County Recorder's Office prior to issuance
of any certificate of occupancy for the properly. The record. i~g is intended to
provide notice to subs/equent property owners that environm/er~al limitations apply
to the subject properl[y.
c. The procedures for re¥iew and approval of a Sensitive A]bas Site Plan shall be in
accordance with the S)~e Plan Review regulations, a.s/s~decified in subsecti.ons 14-
5H-3, and 14-5H-6 thr0~ugh 14-5H-8 of Chapter 5, '~l~'uilding and Housing.
Sensitive Features \ /
a. Sensitive features gover~d by the Sensitive A~r~as Ordinance include:
1) Jurisdictional wetlands as delineate~by the U.S. Army Corps of Engi-
neers.
2) Floodways designated on either/4he current Federal Emergency Man-
agement Agency floo~ bounda~ and floodway maps for Iowa City and
Johnson County or the~owa ~fty (1 inch = 100 foot scale) flood boundary
and floodway maps. \ /
3) Drainageways shown in Bide on the current U.S. Geological Survey Quad-
rangle Maps.
4) Slopes 18 percent or ;r.
5) Woodland
6) Hydric soils
Survey
7) Prairie as shown
Map - as amended
8) sites as
Officer or
Prior to woodla clearing, grading or
portions of land where sensitive'
Sensitive Site Plan or a
whichever i shall first
This ~rocess may occur as
ment zoning and/or subdivision
first apply for and obtain a
occurs.
size or greater.
the USDA Soil Conservation Service Soil
the Iowa City Sensitive Areas inventory
by the State Historic Preservation
)ment activity on tracts of land or
above exist, either a
Overlay rezoning application,
to and approved by the City.
review, planned develop-
If the property is exempt, the
of exemption from the City
Exemptions: The fo
1. Emel
activities are exempt from the of this Section:
safety. Grading, clearing, removal or activities required for
eme~ ~g or which create
an ' person or property hazards.
Normal aintenance/expansion of existing single-family or duplex residences. Exterior
reconstruction or replacement of single-family or duplex residences in exis-
tence y 1, 1996, the date the Sensitive Areas Ordinance becomes effective.
provided the new construction or related activity connected with an existing single-family
or duplex residence shall not increase the footprint of the structure lying
Ordinance No.
Page 6
within the sensitive area by more than a maximum total of 1000 square feet, and also
provided there is no encroachment by said activities, including grading, into a jurisdictional
wetland, a designated sensitive areas conservation tract and/or protected sensitive area.
Construction of new single-family or duplex residences. Grading, clearing or development
activities not to exceed a maximum total of 20,000 square feet in area on a tract of land
for the purpose of construction, landscaping and/or associated improvements for one (1)
single-family or duplex residence, provided there is no encroachment by said activities into
a jurisdictional wetland, a designated sensitive areas conservation tract and/or protected
sensitive area.
Drainage ditches/groundwater
existing drainage and
cludes vegetative maintenance for a
and adjacent to drainageways.
body, placement of fill or dredge spoil~
monitoring wells, when constructed to
Woodland management activities. Pr~
dards as defined by the International
operations,
during such time as the land is used
wells. Normal and
facilities are
for temporary stora
~ not exempt
ot A
maintenance of
This exemption in-
purposes within
wetland or water
Groundwater
are exempt.
with timber management stan-
or existing tree farming
production and tree nurseries,
operations are exempt.
Uses Permitted Within Protected Sensitive Areas
Where it can be shown that a use will not be detrir
associated buffers, or pose a public safety
City approval during the application process set
1. Parkland, private open space, and
interpretation and are desig~
water quality and the natural ameni
Stream crossings, such as bridge
which is designed to minimize tl
and are in compliance with all
Essential public utilities such
and power lines, and storm
constructed to minimize
buffers. The desi
against erosion, polluti
excavation and filling.
roads
reduction of
and state
and
upon the
of utilities
and habitat di.,
completion of
sensitive protected a~
Submittal Requirements: Pri
the se
be developed in accordan
wise exempt, the Owner
tion for its approval to
submit ten (10) copies
Areas Overlay rezonir
1. Sensitive
include:
a.
and associated
the functioning of sensitive areas or
~ following uses are permissible, subject to
;rein:
opportunities for environmental
protect areas of wildlife habitat,
areas and buffere.
and/or streambank stabilization
capacity of the stream
ulations.
sewers, water mains, gas, telephone
they are designed and
sensihve areas and associated
uld also include measures to protect
and result in minimal amounts of
of the public facility or line, the
entitled
provisions of the Sensitive,
ibmit six copies (6)
Department of Housing and
a Sensitive
to the City Clerk.
Site Plan: Submittal information for a
information required for a site plan
~rein where a tract of land contains
"and where the land must
Ordinance and is not other-
and an applica-
Services, or if required, shall
application for a Sensitive
Areas Site Plan shall
Sections 14-
14-5H-4B, the submittal requirements listed ection 14-5H, entitled
Plan Review." ~'
linearion of sensitive areas located on the property, including:
1 ) Areas of fully hydric soils.
2) Prairie remnant areas.
3) Stream corddom.
4) Steep slopes.
5) Woodland Areas
Delineation of buffer areas and/or sensitive area conservation easements.
Ordinance No.
Page 7
Note in an accompanying letter whether archaeological site(s) exist on the proper-
ty, but do not designate the exact location on the plan.
Other data and information as may be reasonably required by the City.
Sensitive Areas Development Plan: Submittal information for a Sensitive Areas Devel-
opment Plan shall include:
a.
b.
Co
located on the
e. Other data and as may
3. The City may waive any
a specific development activity.
Wetlands:
1. Purpose: The purpose of rec
a. Preserve the unique
stormwater is naturally
water quality, recharging
lessening the effect~
b. Promote the preservation of
other wildlife.
c. Minimize the '
d. Provide a greater degree
that provided d and
e. Minimize the long term
All the information required for a Sensitive Areas Site Plan
Submittal information required by Section 14-6J-2, entitled "1
Housing Overlay Zone (OPDH)," and
Delineation of the following sensitive areas located on ~
1) Weftand areas.
2) Critical slopes.
3) Protected slopes.
~r sensitive
Development
tracts for sensitive areas
be required by the City.
unnecessary for the review of
in and around wetlands is to:
attributes of wetlands as areas where
'controlling the rate of runoff, improving
rasoumes, providing erosion control and
plants, fish, reptiles, amphibians and/or
nt activity on wetland areas.
' wetland areas above and beyond
govemment.
impact associated with the loss of wetlands.
2. Wetland Regulation by Other a Sensitive Areas Development
Plan or a Sensitive Areas Si Plan under the is in addition to the
applicant's need to obtain b~ or federal agencies, and
does not alter the ation to satisf~ )btain all other applicable local, state
or federal regulations permits.
3. Wetland Regulations:
a. Wetland Delin~
1) Prior on a site containing a potential
wetl~ as defined above ~ on the Sensitive Areas Inventory
Ma Phase I, the property owner provide a delineation of the
area(s) accepted by the U.S. Corps of Engineers prior to
submittal to the City of a Development Plan or a
Areas Site Plan, for City
2) he property owner certifies t will occur within
150 feet of the apparent ed wetland area(s)
on the site, the requirement for delineation ;pecialist or the
Corps may be waived by the City. in the case of a waiver, the property
owner shall grant an easement running in favor of the City, an approved
conservation group or other organization for the purpose of retaining the
wetland and the surrounding 150 foot protection area as undeveloped
natural open space, and the owner shall then be allowed to follow the
procedures for a Sensitive Areas Site Plan as set forth in this Article,
provided the wetland was the only sensitive feature triggering a sensitive
area development plan.
b. Wetland Buffer Requirements: A 100 foot, undisturbed, natural buffer shall be
maintained between any deve!opment activity and a wetland(s) as defined in the
Ordinance No,
Page 8
Sensitive Areas Ordinance (Section 14-6K-1), unless said development activity is
exempted under Section 14-6K-1D. The required yards established for the base
zoning district shall be measured from the buffer edge, and shall be in addition to
the required yard/setback and shall apply to parking lots as well. [For example,
the RS-5 zone requires a 20-foot rear yard setback, which would be measured
from the outside edge of the required 100 foot buffer. As a result, no building or
parking lot could be located within 120 feet of the wetland.] The City may reduce
the required natural buffer based on the following criteria:
1) The required natural buffer may be reduced by up to 50 feet
demonstrated by a wetland specialist that the wetland:
a) Is less than five acres in area; and
b) Does not contain species listed by the fedem~
ernment as endangered or threatened, or
natu and
plant
and
c)
d)
Areas (Section 14-6K-'
The req~ ral buffer may be red~
demonstrated wetland specialist
a) ~ criteria
b) Does not, a year of
c) Is not a
d) Does not
regional
3)
is deemed
area of a wetland for;
the width of the rec
reduced by up to !
equal to
it can be
state gov-
or outstanding
uent occur
by up to 75 feet if it can be
wetland:
I above; and
precipitation, contain standing
year; and
and
habitat for migratory birds of local or
required where an increased buffer
~irable to provide additional protection to one
: or environmental reasons. In this situation,
around other areas of the wetland may be
area of the provided buffer must be
area of the required buffer.
4) g whether to reduce or not to jired buffer, the
may consider the following:
a) The proposed land use of the property and impact on
the wetland.
b) The design and layout of the proposed development in relation to
the wetland.
c) The physical characteristics of the site and the wetland.
d) Any other factor related to the short or long term environmental
stability and health of the wetland.
Design Standards:
1) No grading, dredging, clearing, filling, draining, or other development
activity shall occur within a delineated wetland or required buffer area
Ordinance No.
Page 9
2)
3)
4)
5)
6)
7)
unless said activity is part of a mitigation plan as approved under subsec-
tion 14-6K-1G4.
For property not served by a municipal sanitary sewer system, the location
of septic tanks, soil absorption systems, holding tanks, or any other ele-
ment of an on-site sewage disposal system must meet the required yard
specified in the regulations of the base zoning district, as measured from
the buffer edge.
To mitigate negative impacts of development and limit ,' the
direct discharge of untreated surface )ment site or a
developed area
of storm water
wetlands
means before the ~
as part of a
case,
water quality
ist that an increase in
impact the wetland.
On any lot tg
q
mitigation plan approved
Ordinance (Section
activity occurring on th~
The planting of
varieties, in wetland
native species
The removal of
varieties, within
as part of a
Where it is
provides
area to
Wetland Mitigation:
property containing
1) shall include a m
1G3, Wetland Regu
the impact of devel(
a wetland may be prohibited.
3 the use or
basins,
plan as provided
rate of
used
or
partial treatment
use of constructed
sediment traps or other
be considered
14-6K-1G4. In such
rate of flow or decrease the
shown by a wetland special-
adversely
erosion control measures, whether re-
I "Grading Ordinance," or as pa~t of a
the provisions of the Sensitive Areas
shall be installed prior to any development
~rmined that
natural protection
enhanced vegetative
filter and slow the
shall consist of species
areas.
pment
species, including intrusive native
be prohibited. Only non-intrusive
supplement existing vegetation.
species, including intrusive native
9r area may be permitted when approved
under Section 14-6K-1G4.
occupied by the required buffer
the wetland due to previous land
provided within the buffer
of sudace water. The enhanced
are known to be non-invasive to
will be met. Avoiding ~
~ wetland is strongly
will be considered.
In addition to the submittal requirements contained i]
mitigation plan shall include the following
1) The type and location of erosion control
property prior to any other deve!opment
2) The boundaries of the
area.
3) Certification by a wetland specialist or the
regarding the wetland delineation, if required.
4) Information regarding the characteristics of the
determine the allowable buffer reduction as provided
1G3b, if a reduction is requested.
5)
~ or Sensitive Areas Site Plan for
(Section 14-6K-
ns contained in Section 14-6K-
minimizing
ed, and shall be investigated
14-6K- 1 F, a wetland
~res to be placed on the
on the site.
uired natural buffer
of Engineers
~d necessary to
Section 14-6K-
A storm water management plan indicating that the requirements of Sec-
tion 14-3G, entitled "Storm Water Collection, Discharge and Runoff," and
Section 14-6K-1G3c3 will be met.
Ordinance No.
Page 10
Go
Compensatory mitigation may be permitted only if it is clearly demonstrated that
avoiding and minimizing the impact on a wetland is unreasonable. A permit for
any development activity within a wetland area is required by the U,S. Army Corps
of Engineers. If a permit is granted for development activity within a wetland,
compensatory mitigation shall be required based on the following criteria, unless
a greater degree of compensation is required by the Corps:
1) Wetlands containing species listed by the federal
endangered or threatened, or containing critical or ¢
habitat for those species, wetlands containing the
plant associations of infrequent occurrence Or of n
wetlands located within stream corridors ~
2)
Ordinan shall be (
land s. Compensatory mitigation
wetland is relatively small
and if it be shown that the
impact overall wetland. If
a wetland
comparable re
The re[
shall be at least
14-6K-1G4b1
a)
cipitation,
b)
c)
of
natural
of diverse
importance, and
the Sensitive Areas
"no build" wet-
be considered only if the
to the overall wetland
will not have an adverse
mitigation is permitted for
ratio of
lost shall be at least 3:1.
habitat to habitat lost
the criteria listed in Section
hout the calendar year under average pre-
and/or
a known habitat for migratory birds of regional
3)
Coml:
rive Areas
If said
or more
above
Where
mitigation
1) A
2)
3)
5)
the criteria listed
required
mitigation is
must be prsparsd by
must include the following
of the value of the
~nder the Sensi-
14-6K-1) shall be at a ratio of at least 1:1.
habitat is enhanced to meet one
14.6K-1G461 or 14-6K-1G462
be reduced to 0.5:1.
mitigation plan specified in by
wetland specialist. A compensatory
being replaced to determine
~ appropriate replacement ratio;
clear statement of the goals of th(
regarding the expected rate
cover over specified
Analysis of the soils, substrate and
constructed or expanded wetland in 1
proper growing medium for the
A list of the plant species to be used, which
non-invasive species, and their proposed
plan, including specific
:establishment of a vegetative
of the proposed site of the
suitability to provide a
include only native,
Transplanting as
much of the native vegetation from the original wetland as possible, as
well as the upper six to twelve inches of the soil is encouraged; and
Provisions for monitoring the condition of the new or enhanced wetland
area for a period of five (5) years, and identification of the party responsi-
ble for replanting in the event of poor initial growth or predation resulting
in a failure of over 30 pement of the planted stock. information collected
during the monitoring process shall be submitted to the City annually and
include the following:
a) Data on plant species diversity and the extent of plant cover
established in the new or enhanced wetland; and
b) Wildlife presence; and
Ordinance No.
Page 11
H. Stream
1.
c)
d)
Data on water regimes, water chemistry, soil conditions and
ground and surface water interactions; and
Proposed alterations or corrective measures to address deficien-
cies identified tn the created or enhanced wetland, such as a
failure to establish a vegetative cover or the presence of invasive
or foreign species.
Corridors:
Purpose: The purpose of regulating development in and around stream c is to:
a. Preserve the value of stream corridors in providing floodwater and
storage.
Promote filtration of storm water runoff.
Reduce streambank erosion.
Protect and enhance wildlife habitat.
. by Other Agencies: The
Areas Site Plan shall
! other local
and obtain all
be required to
revie
d.
Stream Corddor
Development Plan or
need to obtain permits requ
the applicant's obligation
regulations and permits.
Stream Corridor Reg
stream corridor in Iowa Cit
said property qualifies
a Sensitive Areas Develc
of a Sensitive Areas
to the applicant's
agencies, and does not alter
local, state or federal
the iowa River or another
Site Plan, unless
14-6K-1D, or Is considered under
Jired for another sensitive feature.
ao
Unless exempt
maintained;
most strin
1) Along the
ar
2) Along tributari,
foot natural
Creek,
3) Along tri
a
r will
Creek,
natural buffer will
the
the following buffer requirements will be
ires are located within a stream corridor, the
apply:
50-foot natural buffer will be maintained between
and the floodway.
River that have a delineated floodway, a 30-
between any development activity
~, but are not limited to Ralston
Creek, Clear Creek and Rapid Creek.
hat do not have a delineated floodway,
maintained between any development
limits.
BUFFER
; II, l 9TREAM CORRIDORS
Ordinance No.
Page 12
The City may reduce the required natural buffer based on the following cdteda:
1) The required natural buffer may be reduced by up to 50 pement if the
applicant demonstrates that the portion of the ,r being reduced:
a) Does not contain significant existing ve~ such as
prairie remnants; and
b) not contain other sensitive areas ~irements
the Sensitive Areas Ordinance ); and
c) vegetative cover
area.
2) The requi~ natural buffer may
~monstrates that:
a)
1));
b) The
c)
d)
In determinin
following:
1 ) The
Rec
able
date of
provided in the remaining
up to 100 pement if the
or contains a stream corridor that is
of the City (defined as an area of the
stream as of January 1, 1996, the
Sensitive Areas Ordinance (Section 14-6K-
buffer being reduced does not contain other
requirements of the Sensitive Areas
14-6K-1); and
full stream corddot buffer would preclude reason-
the property; and
cover will be provided in any remaining
the extent possible.
the required buffer, the City may consider the
land
the property and its potential impact on the
2) The and layout development in relation to the
~nrridnr-
3) ~l~/'~a'r~i~r~tics of the sit~ and the stream corridor; and
4) A~y other factor related to theshort or long term environmental stability
/~nd health of the stream corridor.
Steep Slopes: /
1. Purpose: The/purpose of regulating development\on and near steep slopes is to:
a. Pror~ote safety in the design and construct,on of developments.
b. Min/mize flooding, landslides and mudslides.~
c. Mi)4imize soil instability, erosion and downstr~,m siltation.
d. P/eserve the scenic character of hillside areas,'~articulady wooded hillsides.
2. RegulatiOns:
a. ~teep Slopes - Any property containing steep slop~ (18-24%) shall be required
/to submit a Sensitive Areas Site Plan, unless said prol~erty qualifies for an exemp-
! tion under Section 14-6K-1D. The Sensitive Areas Site Plan must conform with
~e design guidelines specified in Section 1 4-6K-114.
b, Critical Slopes - Any property containing critical slopes (25-39%) shall be required
to submit a Sensitive Areas Development Plan and a Grading Plan, unless said
property qualifies for an exemption under Section 14-6K-1D. The Sensitive Areas
Development Plan must conform with the design guidelines specified in Section
14-6K-114, ~nd the Grading Plan must conform with the requirements of the
Grading Ordinance (Section 14-51).
Ordinance No.
Page 13
c. Protected Slopes - Any area designated as a protected slope (40%+) shall not be
graded and must remain in its existing state, except that natural vegetation may
be supplemented by other plant material.
Buffer requirements: A buffer will be required around all protected slopes. Two feet of
buffer will be provided for each foot of vertical rise of the protected slope, up to a maxi-
mum buffer of 50 feet. The buffer area is to be measured from
the protected slope. No development activity, including
tion, shall be allowed within the buffer. If a geologist or professional,
strate to the satisfaction of the City that a development activity ca
nate hazards, the and buffer requirements may be redu
toe and
geta-
ineer can demon-
igned to elimi-
BUFFER
Design Standards:
Plan or a Sensitive Areas
a. Every lot
Wooded Areas
1.
: Plan for property
shall have a
size required by the
~ would be 3,200 square feet
:when either a Sensitive Areas Site
p slopes is submitted:
area equal to at least 40% of the
it is located. [For example, the
a minimum 8,000 square foot lot
an RS-5 zone].
driveways and utilities installation, n~grading or excavation shall be
allo outside the construction area. ~
CuI es shall be constructed to eliminate sharp ~ngles of intersection with the
exi~ terrain and shall be.rounded and contoured~as necessary to blend with
exi! g topography to the maximum extent possible. T,,he City will not accept the
dedication and maintenance of cut and fill slopes, except'4,,hose within the required
street right-of-way. ~.
Street rights-of-way and public utility corddore shall be Ioca'te~d so as to minimize
cutting and filling. ~
To maintain the stability of ungraded areas, existing vegetation shall be retained
to the maximum extent possible.
Purpose: The purpose of regulating development in and around wooded areas is to:
a. Reduce damage to wooded areas of the City, particularly wooded wetlands, steep
slopes and stream corridors.
Ordinance No.
Page 14
b. Reduce erosion and siltation.
c. Minimize the destruction of wildlife habitat.
d. Encourage subdivision and site plan design which incorporate groves and wood-
lands as amenities within a development.
Woodland/Grove Regulations:
a. Any property containing a woodland in combination with any other environmentally
sensitive area subject to the requirements of this ordinance will be required to
submit a Sensitive Areas Development Plan, prior to woodland clearing or com-
mencing any development activity, unless said property qualifies for an exemption
under Section 14-6K-1D.
b. Any property containing a woodland, but not otherwise requ have a Sensi-
tive Areas Development Plan, will be required to submit Site
Plan prior to woodland cleadng or commencing any unless
said property quail
Site
of trees
development
grove as practicable,
14-6K-1 D.
If the property owner
feet of the trunks of the
a., b. or c. above
shall be preserved as
conservation easement, or
Woodland Retention and Rel
a. Sensitive Areas Development
submitted under this section
designate all woodlands that
woodlands are being retai
for an exemption under
subdivision plats
the grove on the plan or plat
nless said property qual
rtifies that no ~ will occur within 100
in a woodland, the requirements of
and a 100 foot protection area
space, either through dedication, a
a homeowners' association.
luirements
3s and Sensitive Areas Site Plans required to be
r~all delineate all existing woodlands and shall
~ be protected. The plans shall substantiate that
Zone
ID, RR-1
RS-5, RS-8, RS-12,
RM-12, RM-20, RI~
RDP, ORP
C and I
RNC-12
Retention Requirement
70%
50%
2O%
2O%
10%
b. The required area to be
area by fifty (50)
preserved.
c. If
shall be delineated to include a buffer
trunks of trees intended to be
~rmines that the req~
or infrastructure req~
be planted for every 200
required retention area.
it is not feasible to replace trees on-site
to ~ment reforestation of a
shall be either publicly owned
conservation easement.
Replacement trees must be approved by the City,
area cannot be retained due to
trees will be planted.
removed from the
~y be planted
y the City. An off-
or property subject to a
the extent possible,
should be of the same or equivalent species as the trees being removed.
Replacement trees shall meet the specifications set forth in Section 14-6R-5,
entitled "General Tree Planting Requirements," and shall be secured by a perfor-
mance guarantee for a period of 12 months.
Woodland and tree prataction methods for proposed development activity shall be
shown on any plan or plat required to be submitted prior to commencement of
Ordinance No,
Page 15
development activity. Protection methods should comply with generally accepted
tree protection guidelines and be approved by the City.
h. When other environmentally sensitive features regulated by the Sensitive Areas
Ordinance (Section 14-6K-1) are present in combination with a woodland, the
regulations related to all the sensitive areas contained on the property will be
considered, with the most stringent regulations applying.
Design Guidelines for Woodland Retention: The following guidelines should be addressed
when either a Sensitive Areas Site Plan or a Sensitive Areas Development Plan is submit-
ted:
a. To the extent possible, woodlands located on steep and/or and/or
within 100-year flood plains should be given the highest pdority when
meeting the requirements of section 14-6K-1J3a.
b. Street rights-of-way, , corridors and building be located so
as to minimize their : on woodlands and groves.
c. Where
designated public or
easement, or control b
Fully Hydric Soils:
1.
Prairie
1.
and groves to be
space,
homeowners'
should be located within
dedication, a conservation
Purpose: Fully hydric soils may
and the probable existence water tabh
contain fully hydric soils is to reco
projects by potential wetlands and/or
a. Wetlands are protected under s
no-buil¢
en.
b. High water tables on a prop
infrastructure such as
Regulations:
a. If fully hydric soils exist (
property owner shall whether
delineated on the com[
Areas Ordinance 14-6K-1
b. More stringent
Department, wil required for street.,
in hydric soils. Sum
also be regulated, as
facilities
openings
ment.
c. Pro
Areas
d. Hydric
jurisdictional wetlands
purpose of regulating lands that
imposed on urban development
That is:
law, and as such, are considered
~ are undertak-
special construction practices both for
structu ral development such as residences.
, is proposed, the
exist on the site. If wetlands are
the wetlands provisions of the Sensitive
required.
as specified by the City Public Works
ires and stormwater management
discharge and elevations of window
by the City Public Works Depart-
so that
detention
~g fully hydric
~ment Plan, will
in and of themselves, will not
Areas Overlay rezoning.
To the extent possible, urban
of hydric soils will be treated as an e
tland enhancement or buffers, protective ¢
open space.
otherwise requiring a Sensitive
Site Plan Review.
deemed sufficient to require a
projects will be designed
asset; used for stormwater
belts along stream corridors,
Pur The purpose of protecting prairie remnants in iowa City is to:
a. the value of prairie remnants for holding soil in place, absorbing pollut-
ants and taking up large amounts of moisture. These functions are particularly
important when prairie remnants are located along streambanks, adjacent to
wetlands or on areas of highly eredible soil.
b. Protect and enhance the function of prairie remnants to provide wildlife habitat,
ecological diversity and environmental education opportunities in an urban setting.
Prairie Remnant Regulations:
Ordinance No.
Page 16
Archaeological
1.
Development of properties containing praide remnants one acre in size or larger
that are not associated with other sensitive features will be designed to retain the
maximum amount of praide remnant possible, while not precluding reasonable,
beneficial use of the property.
Prairie remnants associated with other sensitive features, such as stream cord-
dore, wetlands, steep slopes, woodlands or a stand of significant trees will be
treated as environmental assets, and will be considered no-t~uild areas to the
extent possible, and used for buffers, filter strips along and/or neigh-
borhood o ~space.
requiring a S
Plan review.
Prairie
Areas Overla,
prairie remnants one acre in size or
Development Plan, will
in and of themselves, will not be
ning.
. but not otherwise
a Sensitive Areas Site
equire a Sensitive
Sites:
Purpose: The purpose
sites is to:
a. Help assure that
community's prehistor
b. Allow the State Historic P~
Archaeologist the opportuni
historic sites.
c. Allow for
development of a prope
excavation of such ~s
in subdivision
Notification: When the
logical site is located
or a subdivision is
of develo
the
the City if a reco
development or
ogist.
Regulations
a.
al
.~d archaeological site exists
requires
developreel lands which contain archaeological
which information regarding the
protected, and/or proper-
and, where appropriate, the State
document and study important prehistoric and
and historic sites in the planning and
~imize delays when it is determined that study or
of human burial sites to ensure that the State
not violated and to avoid unnecessary delays
sion redesign if such sites are discovered
Sites - If it is determined
site is necessary, the
or a subdivision, subject to
~ Map - Phase I indicates that an archaeo-
in which a site plan, planned development
the site plan or subdivision plan to the
Archaeologist. The State will notify
area of the site plan, planned
, the City if the site is of such amhae-
~ State or a State-approved archaeol-
he State that further study of an
plan, planned devel-
t the State or a State-ap-
archaeologist be allowed to study the site if appropriate, complete an
of the site for the purpose of documenting the significance of the site.
shall have a period of up to thirty (30) calendar days in which the site
to study and, where appropriate, excavate the site. This requirement
shall not prevent or delay activities which are approved under the grading ordi-
nance, site plan review, planned development or subdivision regulations for
podions of the property which do not contain archaeological materials.
The applicant may choose to hire an amhaeologist approved by the State to
complete a study or excavation plan approved by the State. In this way, the study
or excavation work may be completed in a more timely manner.
Ordinance No.
Page 17
Significant Amhaeological Sites- If the State determines that the property includes
a significant prehistoric or historic site which cannot be studied and excavated
within a thirty (30) calendar day period, the site plan, planned development or a
subdivision plan may be approved subject to an archaeological assessment plan,
which specifies a period of time in which the State or a State-approved amhae-
ologlst may document and/or excavate a site.
If the site is determined to be of such state or national significance that it should '
not be disturbed, an attempt should be made to design the site plan, planne~
plan to allow retention of the site as private or
BL a site contains a human burial ground, the
shall } the significance of the burial ground and
human remains shou
burial grounds plus a
as permanent,
4. Discover/of
tion, prehistoric artifacts, historic
shall be notified. The State may
practical, or in the case of human
whether or not the human remains c
remains cannot be disinterred, the
be returned to its preconstruction
Sensitive Areas Development Plan Design
1.
~ disinterred.
not be disturbed, the portion of the
buffer around the burial
open space.
ical Sites: if, dudng
human remains
steps to excavate
grounds,
. be disinterred.
on.
r not the
the
the
be set aside
or construc-
encountered, the State
the objects, if
ist shall determine
determined that the human
g the burial ground shall
Purpose: The purpose of Sensitive
a. Provide for flexibility in the desigr
ments to help assure that
sensitive areas, are designed to
sensitive areas as open space
b. Allow flexibilit~
to allow innovative designs
Ordinance.
c. Encourage development v
trians and bicyclists.
d. Encourage innovative
)rovides
: Plan design guidelines is to:
infrastructure and residential develop-
in or adjacent to environmentally
efficiently and preserve environmentally
merit codes, standards and guidelines
the purpose of the Sensitive Areas
· easy access and circulation for pedes-
a variety of housing
types and styles. _
e. Allow neighborhood/ommercial uses which a't~ appropriate in scale and design
for the proposed d/e'velopment. ~
Applicability: / ~
a. The Sensitive A/Feas Development Plan design gdi~elines are to be used by the
City when eva~ating a Sensitive Areas Overlay rez~ning. These guidelines are
intended to b~/'flexible and allow modifications of the h~quirements of the underly-
ing zoning dj~tdct and subdivision regulations. When a¢~lying such guidelines, the
City will we)~lh the specific circumstances surrounding ea~.,h application. and strive
for develo/¢ment solutions that best promote the spirit, infe~t and purpose of the
Sensitive'Areas Ordinance while permitting development or, he property for rea-
sonable beneficial uses. ~
b. The det/elopment guidelines contained in the Sensitive Areas O'~inance are to be
used by the City as minimum requirements for evaluating. $ensi?.'~ Areas Devel-
opment Plans. However, such guidelines are not intended to restrict~reativity and
an applicant may request modifications of the Sensitive Areas Deve10p~ent Plan
guidelines which may be approved by the City in accordance with the following
standards:
Ordinance No.
Page 18
1. The modification will be in harmony with the purpose and intent of the
Sensitive Areas Ordinance (Section 14-6K-1).
2. The modification will generally enhance the Sensitive Areas Development
Plan and will not have an adverse impact on its physical, visual or spatial
characteristics.
3. The modification shall not result in a configuration of lots or a street sys-
tem which is impractical or detracts from the appearance of the proposed
development.
4. The modification will not result in danger to public health,)safety or welfare
by preventing access for emergency vehicles, by inhibi/tlng the provision
of public services, by depriving adjoining propertiesof/adequate light and
air, or by in.~(.. the purposes for and intent of th,~S' article.
These c evel u~d illnos recognize that when e~)wronmentally sensitive
features are by conservation easements or other development restric-
tions unit density of a property rr~y be reduced. The Sensi-
tive Areas Plan procedures allow/tlte dwelling unit density that
otherwise would permitted in an enw.fdnmentally protected area to be
transferred to the
ronmentally sensitive. To
developed in an
applied.
These guidelines recoc
ments, lot width req '
order to increase
guidelines also recognize that
lot developments. The
ual lots will help assure
developed.
the property whi
assure that
I livable
with a
Street Design Guidelines:
a. A modified gdd street
and environmental,
b. Cul-de-sacs and
mized, but may I
of a grid
c. Street
subdivision
d. Street
, widths may be reduced
ulations if
g the streets or rear
widths of local streets
are identified as not being envi-
resulting denser development is
the following guidelines shall be
to decrease lot area require-
right-of-way and paving requirements in
developable portion of the property. These
concerns are necessary for smaller
provide for vehicular access to individ-
pedestrian-friendly streetscape is
natural features
, is encouraged.
ingle point of access should be mini-
prevent the construction
those otherwise required by the
public and
reduced to 25 feet. Fudher
of street pavement width may be
pedest
than emergency vehicles to the
pavement widths are
such as rear lanes and off-street
Design Guidelines:
use of rear lanes to provide for vehicul~
alternative location for utility easements can enhance
neighborhoods. When rear lanes are used, lot widt
,nsidered for alternative street
by restricting access for
of the lots.
alternative locations for
are encouraged.
individual lots and an
livability of compact
, reduced to approxi-
, one-half the otherwise required 45-60 foot lot width. ~.his manner, more
lots can be developed per linear foot of street paving.
Rear lanes, which are located parallel to local streets, are encouraged. Where
rear lanes are provided, driveway access to lots shall be via such rear lanes to the
extent possible. In such locations, curb cuts onto a parallel street should be
minimized. Utility easements should be located in rear lanes to the extent possi-
ble.
Ordinance No.
Page 19
Rear lanes should have a minimum pavement width of 16 feet. The paved rear
lane should be centered within a right-of-way or easement which provides suffi-
cient room on each side to allow for a utility corridor.
Conventional street design
vehicular
Pedestrian Walkway
throughout a development,
ed. The location and design of
the volume of traffic anticipated on the
sidewalk or walkway; the need to
adjacent to streets; and the deg
is desirable.
Land Uses: The design guidelines of the
encourage a mixture of housing types,
located adjacent to sin
a scale, massing and
residential development.
aged except where the is of
uses are encoura
a. Detached sin
b. Duplexes.
c. Zero
d. Multi-family buildir
e. Accessory
that they are
f. Commemial
residential ~
Dimensional
transfer of dwel
environmental
ing
a. Mini
and townhouses.
assure that have adequate access
pedestrian' networks should be provid-
should be based on
the length of the segment of
storage when walkways are located
~ sensitive feature
~ Areas Overlay Zone are intended to
~ere appropriate, commercial uses. When
. multi-family buildings should be of
9mpatible with the adjacent lower density
I of only one housing type are discour-
ill size. A mixture of the following land
~ment:
less than
within an owner-occu
associated with an
which are appropriate in
Commercial uses are
Plans for properties less than two
To encourage more
I unit density from environmentall,
sensitive areas of a prepedy
square feet in floor area provided
dwelling or within a permitted
I dwelling.
lie and compatible with nearby
permitted in Sensitive Areas
~ acres in size.
development and allow the
property to non-
uirements of the underly-
lot area, lot width, lot frontage and yards be reduced provided that
rds are incorporated for each dwelling unit. ,r example, single-family
be located on lots of approximately 4,000 feet and still contain
rear yards of 20 feet and side yards of townhouses and
line developments, yards may be reduced to approximately 10 feet and
provide for a landscape transition between street rights-of-way and adjacent
dwellings. To provide for a livable environment, development on small lots will
require careful architectural design and careful placement of garages and automo-
bile parking areas. The use of rear lanes for vehicular access to small lot develop-
ments is therefore encouraged.
Ordinance No.
Page 20
o
10.
11.
b. The maximum building height and building coverage may be waived provided that
the design of the development results in sufficient light and air cimulation for each
building. For example, an increase in height from 35 feet (3 stories) to 45 feet (4
stories) may be appropriate provided that taller buildings are set back from adja-
cent buildings to allow each dwelling unit adequate light exposure.
Dwelling Unit Density: The overell dwelling unit density, based on total land area minus
public and private street right-of-way area (excluding rear lanes) in the Sensitive Areas
Development Plan, shall not exceed the maximum density permitted in the underlying
zone.
Sensitive Open Space Designation: sensitive areas and their required buffers are encour-
aged to be incorporated into the design of the development as public open space dedicat-
ed to the City, or pdvate open space held in common by
Where sensitive features and/or their req
they shall be included within a
Where commercial develo are proposed, they should be of;
the residents of the immediate c and adjacent neigh
a. Commemial buildin, jld be located adjacent to the
located behind the buildin and screened with
tial structures.
b. Dwelling units are
cial space.
c. Commemial development
overall development
squares.
be
architectural
ed to serve
parking spaces
from adjacent rasiden-
cornruer-
to serve as a focal point of the
such as town
ned so that the material, massing and
~cent residential development.
Neighborhood scale commercial ','ath dwell-
ing units located on second floor and parking
located behind the building
of different
design of
for a
a.
Due
uses that can be achieved by
Areas Development Plan
between public streets and
re narrower lots are proposed, garages
e the streetscape, as illustrated
n of dwelling units and the juxtaposition
the above provisions into the
irerice to the following design consid-
and provides
;rices.
~ld be located so that they do not
Ordinance No.
Page 21
Where reduced front yards are proposed, the use
provide ~
Where a variety
buildings, are mixed
massing and
types are compatible.
as prairie, craftsman,
aged.
types, such as sin
~in a development,
be used to
use of traditional
farm hou~
is encouraged to
and multi-family
~, scale,
that the various building
City architectural styles, such
and Victorian designs are ericour-
front yard
provide transition between the
Appeal.
1. The
may grant a special
)licant is able
a. o! a particular Sensitive
beneficial use of the property;
b. permitted to sensitive
allc for reasonable, beneficial use of the
~sitive areas; and
c. )roposed development does not pose an
~, safety or welfare on or
provisions of the Sensitive
that:
Ordinance regulation would deny
to be the minimum necessary to
, with the least impact on the
the public
2. The Board may impose conditions to limit the impact of alteration of a
sensitive area under this section, including requiring mitigation under a mitigation plan
approved by the City.
Performance Guarantee. Compliance with the pedormance guarantee provisions of City Code
Section 14-5H-10, the Site Plan Review section entitled, "Performance Guarantee," may be
required to ensure completion of conservation measures, including plantings and other mitigation
or maintenance efforts, as stipulated in the Sensitive Areas Ordinance.
Ordinance No.
Page 22
Q. Enforcement. 'rhe Sensitive Areas Ordinance regulations will be enforced under the provisions of
Section 14-6U-7, entitled "Violations and Penalties."
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. day of
MAYOR
A'I-rEST:
CiTY CLERK
City Attorney's Office
//- _~-
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CHAPTER BY INCORPORATING A NEW SECTION 14-6K-1,
ENTITLED "SENSITIVE AREAS ORDINANCE," TO REGULATE DEVELOPMENT IN ENVIRONMENTALLY
SENSITIVE AREAS IN IOWA CITY, IOWA.
WHEREAS, pursuant
use of properties
Sensitiv~
City Council directlye to develop an ordinance which
sensitive features while protecting such
generated the Sensitive Areas Ordinance;
the reasonable
destruction, the
WHEREAS, the Sensitive Ordinance will implement the environn
Iowa City Comprehensive Plan ind
policies set forth in the
WHEREAS, the Sensitive Areas
damage due to flooding, erosion
reduced quality of life; and
~nce is intended to protect
natural hazards as
public from injury and property
as a loss of natural heritage and
WHEREAS, the Sensitive Areas till reg
mentally sensitive features, including stream c
soils, prairie remnants, and archaeological
properties containing environ-
steep slopes, wooded areas, hydric
WHEREAS, the Sensitive Areas Ordinance will
minimizes disturbance of environmentall
urban design that preserves open space and
features and natural resources; and
WHEREAS, the Sensitive Areas Ordinance
properties which contain environmentally
the importance of environmental resource
ind
to permit and define the reasonable use of
and natural resources while recognizing
such resources from destruction; and
WHEREAS, the Planning and Zoning n and
have reviewed the Sensitive Areas ~ and have
intents and purposes stated above
and Natural Areas Commission
,mmended its adoption to carry out the
NOW, THEREFORE, BE IT OR[
THAT:
SECTION I. APPROVAL.
A. Chapter 6,
is hereb'
and titled as
B. Sections 1-
6K-2,
6K-1
qED BY THE CITY CC
: THE CITY OF IOWA CITY, IOWA,
Chapter," Article K, entitled
~nmental Regulations" with th~
14-6K-1: "Sensitive Areas
~rdinance".
of Article K, previously entitled "Flood Plain Mana
and transferred as lettered subparagraphs A - J of the
as "Flood Plain Management Ordinance", following the
itled "Sensitive Areas Ordinance," which is hereby added
Plain Management Ord'nance,'
sections listed below created
14-6K-2: "Flood Plain
"are hereby
ly created Section 14-
adopted section 14-
14-6K- 1:
SENSITIVE AREAS ORDINANCE
The purpose of the Sensitive Areas Ordinance is to:
Implement the environmental policies of the Comprehensive Plan.
Permit and define the reasonable use of properties which contain environmentally
sensitive features and natural resources while recognizing the importance of environ-
mental resources and protecting such resources from destruction.
Provide for ecologically sound transitions between protected environmentally sensitive
areas and urban development.
Protect the public from injury and property damage due to flooding, erosion, and other
natural hazards which can be exacerbated by development of environmentally sensitive
land.
Ordinance No.
Page 2
5. Foster urban d
mentall~
6. Provide for the ~
natural resource,C
Applicability:
1. Sensitive Areas 0
a. A Sensitive
activities on
1) Wetl;
2)
exist
3}
4)
as defined in
Section 14-6K-B3
b. A Sensitive Areas
tects the ,~
ment Plan :hat
within the
with a Sensitive Areas
2. Sensitive Areas Site Plan
a. If a property does not
Overlay rezoning, but
on the site, a Sans
ed. Sensitive features that
Fully hydric soils,
2)Prairie remnants one
3} Stream corridors,
Archaeological
Steep slopes (11
6)Woodlands
tures exist oF
as defined in Sectiol
and/or verified
In that preserves open space and minimizes disturbance of environ-
~s and natural resources.
ation of disturbances of environmentally sensitive features and
requiring and implementing mitigation plans, as needed.
rlay (OSA) Zone
Overlay (OSA) rezoning is required prior to
tarties containing the following sensitive
~ds two acres in size or greater, where other ,'
he site,
(25-39%), or
(40% + )
~n 14-6K-1C, as delineated on
verified as existing on
rezoning requires a pl
]res that exist on the
~s protected sensiti~
)ment shall be sub
erla¥ rezoning.
features
maps referenced in
development that pro-
A Sensitive Areas Develop-
and associated buffers
and approved in conjunction
in sensitiv Jres that require a Sensitive Areas
sensitive features listed below exist
review requirement will be implement-
~ Sensitive Areas Site Plan include:
area or larger,
or greater, when no other sensitive fee-
site
-1C of th, ~nsitive Areas Ordinance, as delineated
in Secti -1 B3 of the Sensitive Areas Ordinance
on the site.
Recording requi
sions of the
protected sei five area and/or buffer, or
merit shall 'ecorded in the Johnson
ance of an :ertificate of occul ' for the
ed to Je notice to subsequent
tions the subject property.
Sensitive
a. Sensi
1)
1)
4)
~nt. A Sensitive Arc Site Plan approved under the provi-
nsitive Areas ¢ 14-6K-1) that contains a
a designated conservation ease-
Recorder's Office prior to issu-
perty. The recording is intend-
rs that environmental limita-
features governed by the Sensitive Areas dinance (Section 14-6K-
Jurisdictional wetlands as delineated by the Corps of Engi-
neers.
Floodways designated on either the current Federal Emergency Man-
agement Agency flood boundary and floodway maps for iowa City and
Johnson County or the iowa City (1 inch = 100 foot scale) flood
boundary and floodway maps.
Drainageways shown in blue on the current U.S. Geological Survey
Quadrangle Maps.
Slopes 18 percent or greater.
Woodland areas two acres in size or greater.
Ordinance No.
Page 3
6)
7)
b.
occu
Definitions: The
regulations of the
Hydric soils as designated in the USDA Soil Conservation Service Soil
Survev of Johnson County, Iowa. ..
Prairie remnants as shown on the Iowa City~Sensitive Areas Inventory
Map - Phase l, as amended
Archaeological sites as determined by the
Officer or the State Archeologist.
sensitive features, as specified above
tracts of land, either a Sensitive Areas Site PI
rezoning application, as required, shs!l
ticate of exemption shall be obtained
rig, grading or development activities
as part of site plan review,
ision review.
definitions apply to the
rive Areas Ordinance:
Historic Preservation
land or portions
or a Sensitive Areas Over-
and approved by, or a
the City prior to woodland
the property. This process may
)ment overlay zoning and/or
~retation and enforcement of the
ARCHAEOLOGICAL Sl'
significance that is
National Register of
SIGNIFICANT: An
md by the State Hi
Places.
ical site of prehistoric or historic
: Preservation Officer to be eligible for the
BUFFER: Located
area that protects slope
and protected wetlands, strea~
a~enua
area, a land area that provides a transition
~s surface water flows and preserves wildlife habitat
and woodlands.
BUFFER, NATURAL: A land
development activities, such as
exempted.
adjacent to a protected sensitive area where no
ding, grading, or clearing are allowed unless otherwise
COMPENSATORY M
existing wetland in exchan
wetland.
ng a new wetland or enhancing or expanding an
development activities to occur within an existing
CONSTRUCTION AREA:
improvements may be
portion of a ~rcel of land where building, parking and other
and activity may take place.
DEVELOPMENT ACTI
including, but not lin
tures, mining, dred
Any hum~
to the placement
filling, grading, paving,
nge to improved or unimproved real estate,
~ctured housing, buildings or other struc-
or drilling operations.
DIAMETER, TREE
if on a slope,
trunks, the diar
:~UNK: The diameter of
from the high side of the
shall be the sum of the diameters
measured at 4 1/2 feet above ground;
In the case of a tree with multiple
the trunks.
[
oped or
ditch, swal
~,RGE: The discharge of untreated surface
property through the use of an under
channel or other means.
ater into a wetland from a devel-
pipe, culvert, drainage tile,
FLOOD
of
100 YEAR: A flood, the magnitude of which
or exceeded in any given year, or which on
at least once every one hundred (100) years.
one percent (1%) chance
will be equaled or
FLO PLAIN: Any land area susceptible to being inundated
fr( ~ flood. For instance, the 100-year flood plain is the area
~ndated by a 100-year flood event.
~s a result of a specific
ible to being
Ordinance No.
Page 4
F~ ,DWAY: The channel of a river or stream and those portions of the flood plains adjoining
:hannel which are reasonably required to carry and discharge flood waters so that confine-
floodway area will not result in substantially higher flood elevation.
Wh floodway data has been provided in the Flood Insurance Study, such data shall be used
the floodway limits.
FULLY
hy
SOILS: Soils susceptible to water saturation, which were designated as fully
the USDA Soil Conservation Service, December 19 ~3.
GRADING: excavating or filling or a combination thereof,
compaction.
GROVE OF
whose c¢
trees.
Ten or more individual trees having a di
anopies cover at least fifty 150) perce~
at least 12 inches, and
the area encompassed by the
PRAIRIE areas that have remaine
untilled portions and contain primarily
interspersed with native flowering plants.
Iowa City Sensit Inventory Map -
y untouched on undeveloped,
of native, warm season grasses
prairie remnants are identified on the
PREHISTORY: Relatin
1700 AD in Iowa City).
g written history {prior to approximately
SENSITIVE AREAS C£
and associated buffers within
separately from buildable lots
conservation organization, or dedi
A separate tract which protects sensitive areas
3ments, subdivisions and building site plans; held
incorporated homeowners' association or a nonprofit
to the City.
SENSITIVE AREAS DEVELOPM
conjunction with a Sensitive A~
areas and associated buffers
A plan required to be submitted and approved in
lay (OSA) rezoning that designates protected sensitive
;nned development.
SENSITIVE AREAS INVEN ~E h The map of the Iowa City service area with
designations of potentia )nmentally ~nsitive areas, such as woodlands, wetlands,
floodplains, steep slope hydric soils, prairie ranants and geological, historical and archaeo-
logical features.
SENSITIVE AREAS f [OSA) ZONE:
that requires the a ~val of a Sensitive Areas
sensitive areas ar their associated buffers on said
development rezoning of a tract of land
ment Plan, which designates protected
SENSITIVE At: PROTECTED: Portions of a parcel
sensitive ; that are designated on an approved Sans
Areas Deve 3ment Plan and where no development activit,
land containing environmentally
~e Areas Site Plan or a Sensitive
allowed.
AREAS SETBACK LINE: A line delineated on a
plan establishes the no-build line around protected sensitive
street steep slopes, end woodlands, and their required buffers.
development plan or site
such as wetlands,
S[ TIVE AREAS SITE PLAN: A site plan for development on a tract of ral~d that does not
a Sensitive Areas Overlay (OSA) rezoning, and is not exempted, bu~requires an
)roved plan for protecting sensitive areas on said tract.
SLOPE: An inclined ground surface, either naturally occurring, or altered, but not approved by
the City, with a vertical rise of at least 10 feet.
Ordinance No.
Page 5
SLOPE, CRITICAL: A slope of 25 percent, but less than 40 percent.
PERCENT OF: The slope of a designated area determined by dividing the horizontal run
of the into the vertical rise of the same slope and converting the resu figure into a
~ va~ue.
SLOPE, ECTED: Any slope of 40 percent or steeper.
SLOPE,
A slope of 18 percent, but less than 25
STREAM
current U.S. Geol(
cases where no fl(
foot wide stream
R: A river, stream or drainageway showr (the blue line) on the most
cal Survey Quadrangle Maps, and the its delineated floodway. In
Iway is delineated, the blue line ;erve as the centerline within a 30-
dor.
TREE, FOREST:
trees approved by the
two inches in diameter
reater, and included on the list of forest
WETLAND: Those areas are
frequency and durati
a prevalence of vegetation
generally include swamps,
Areas Ordinance (Section 14-6K-
by the U.S, Army Corps of Fngir
delineation manual.
saturated by surface or ground water at a
nd that under normal circumstances do support,
for life in saturated soil conditions. Wetlands
and similar areas. For the purposes of the Sensitive
shall mean a jurisdictional wetland as delineated
a wetland specialist, based on the current federal
WETLAND SPECIALIST:
Wetland Scientists, and/or
in wetland areas which m~
as a wetland specialist by the Society of
demonstrate to the City that they have expertise
~]ation and evaluation.
WOODED AREAS: Incl
roves of trees, as defined in this section.
WOODLAND - Any
containing not less
of land with a conti
200 forest trees
wooded area not less than two acres and
WOODLAND CL
Chapter by
opening in th
RING: The destruction or removal trees within woodlands subject to this
mechanical, chemical or other ans, such that it results in a total
~dland canopy of 20,000 square feet more.
Exemptior
1.
following activities may be considered
linance:
ency/public safety. Grading, clearing, removal
ency situations involving immediate danger to life,
create an immediate threat to property or create
from the requirements of the
activities required for
and safety, or which
re hazards.
Ownership. Change in ownership of a property and/o
Normal maintenance/expansion of existing single-family
remodeling, reconstruction or replacement of single-family or
existence on January 1, 1996, the date the Sensitive Areas
effective, provided the new construction or related activity c
~nces. Exterior
residences in
nance becomes
h an existing
single-family or duplex residence shall not increase the footprint of the Jcture lying
within the sensitive area by more than a maximum total of 1000 square also
provided there is no encroachment by said activities, including grading risdic-
tional wetland, a designated conservation tract and/or protected sensitive area.
Construction of new single-family or duplex residences. Grading, clearing or develop-
ment activities not to exceed a maximum total of 20,000 square feet in area on a tract
of land for the purpose of construction, landscaping and/or associated improvements
Ordinance No.
Page 6
o
farming
Uses Permitted
use will not be
for one (1) single-family or duplex residence, provided there is no encroachment by said
activities into a jurisdictional wetland, a designated conservation tract and/or protected
sensitive area.
5. Drainage ditches/groundwater monitoring wells. Normal and routine maintenance of
drainage and storm water management facilities. This includes vegetative
aintenance for access and storm water/flood control purposes adjacent
eways. Except for temporary storage outside a wetla~ or water body,
of fill or dredge spoils is not permitted. Groundwater wells when
o standards approved by the City.
ld management activities. Practices associated w timber management
as defined by the International Society of or existing tree
such as Christmas tree farming, nut tree production and
during such time as the land is used for ' farming operations.
n Protected Sensitive Areas and Buffers. re it can be shown that a
total to the functioning or associated buffers, or pose
a public safety the City may permit the following
1. Parkland, open space, and trails that ,rtunities for environmental
interpretation, ; are designed to incor protect areas of wildlife
habitat, , and the natural he sensitive areas in which they are
located.
2. Stream crossin as bridges, roads and/or streambank stabilization
designed to minimize reduction of carrying capacity of the stream and are
in compliance with all
3. Essential public utilities, Jch as sto sewers, water mains, gas, tele-
phone and power lines, detention facilities, if they are designed and
constructed to minimize th~ the sensitive areas and associated buffers.
The design and constructio~ lities should include measures to protect against
erosion, pollution and habitat c urbance, and result in minimal amounts of excavation
and filling. Upon completion installation of the public facility or line, the sensi-
tive areas and associated ,ill be restored.
Submittal Requirements: The ~ct of land containing the sensitive features listed
in Section 14-6K-lB, entitled "~ vho is obliged to develop in accordance with the
provisions of the Sensitive m 14-6K-1 ) and is not otherwise exempted,
shall submit six copies of a Areas and an application for its approval to the
Department of Housing or if required, shall submit ten copies of a
Sensitive Areas Developm~ Plan and an ~ for a Sensitive Areas Overlay rezoning
to the City Clerk.
1. Sensitive Areas Plan: Submittal informa ,n for a Sensitive Areas Site Plan shall
include:
a. Subm d information required )lan review as specified in Sections
1 4-5 ~, and 14-SH-4B, the submittal Jirements listed for Section 14-5H,
"Site Plan Review." ~ n
b. D~ ion of sensitive areas located on the ~roperty, includi g:
1) Areas of fully hydric soils. ~
~) Prairie remnant areas. ~
'3) Stream corridors. ~
4) Steep slopes. ~
5) Woodland Areas . ~
c Delineation of buffer areas and/or conservation easem~,nts for sensitive areas.
d/ Note in an accompanying letter whether arcl~aeologic. ~, s. ite{s) exist on the
/ property, but do not designate the exact Iocati~ on th.e'~.l.an.
e. Other data and information as may be reasonably r. equir_ed'~.y. the Citv.
Sensitive Areas Development Plan: Submittal informa lot n for a Sensith~ Areas Devel-
opment Plan shall include: ...... ~
a. All the information required for a Sensitive Areas iS et Plan, and ~
Ordinance No.
Page 7
of
Wetlands:
1.
Submittal information required by Section 14-6J-2, entitled "Planned Develop-
ment Housing Overlay Zone (OPDH)," and
Delineation of the following sensitive areas located on the property:
1 ) Wetland areas.
2) Critical slopes.
3) Protected slopes.
Delineation of buffers and/or conservation areas f¢
the property.
Other data and information as may reasonably be requi
City may waive any submittal requirements considered ur
~pecific development project.
~reas located on
the City.
V for the review
Purp
a.
e: The purpose of regulating development in a~
nize the unique and valuable
naturally retained,
water quality, recharging g
ar lessening the effects of flooding.
~reservatio
around wetlands is to:
of wetlands as areas where
the rate of runoff, improy-
;, providing erosion control
reptiles, amphibians and/or
Minimize
wetlands.
s the impact of develo
greater degree of
provided by the
long term
Wetland Re[
merit Plan or a
Ordinance {Section
required by other local,
Wetland Regulations:
a. Wetland
1) Prior
~ctivities on wetland areas.
for many wetland areas above and
and state government.
nmental impact associated with the loss of
Other ,~ 3ncies: The approval of a Sensitive Areas Develop-
Plan under the provisions of the Sensitive Areas
not abrogate the applicant's need to obtain permits
or federal agencies.
activity occurring on a site containing a
2)
as defined above or as shown on the Sensitive Areas
Map
a
Corps of
)ment Plan
Ifthe property
I, the property owner shall be responsible for
of the wetland area(s) accepted by the U.S.
prior to the submittal of a Sensitive Areas
Sensitive Areas Site Plan for review.
~rtifies that no development activity will occur
within 150 feet of the a ~arent edge of the suspected wetland area{s)
on the site, the for delineation by a wetland specialist or
the Corps may be waived. this case, the property owner shall grant
an easement in favor of or an approved conservation group or
organization for the purpose
ing 150 foot protection area as
follow the procedures for ~
Sensitive Areas Ordinance (Section
Wetland Buffer Requirements: A 100 foot
the wetland and the surround-
eveloped natural open space, and
~,reas Site Plan as set forth in the
3K-1).
Jrbed, natural buffer shall be
maintained between any development activity wetland(s) as defined in
the Sensitive Areas Ordinance (Section 14-6K-1 less said development
activity is exempted under Section 14-6K-1D. The yards established
for the base zoning district shall be measured from the edge, and shall
apply to parking lots as well. [For example, the RS-5 a 20-foot
rear yard setback, which would be measured from the outside r df the
required 100 foot buffer. As a result, no building or parking lot could be
located within 120 feet of the wetland.] The City may reduce the required
natural buffer based on the following criteria:
Ordinance No.
Page 8
1)
3)
The required natural buffer may be reduced by up to 50 feet if it can
be demonstrated by a wetland specialist that the wetland:
a) Is less than five acres in area; and
b) Does not contain species listed by the federal and/or state
government as endangered or threatened, or critical or out-
standing natural habitat for those species; and
c) Does not contain diverse plant associations of infrequent occur-
rence or of regional significance; and
d) Is not located within a stream corridor as in the Sensi-
tive Areas Ordinance (Section 14-6K-1
to 7,5 feet if it can
The required natural buffer may be reduced
be demonstrated by a wetland specialist
a) Satisfies the criteria listed in
Does not, in a year of average
water throughout the calend
Is not a forested wetland
Does not provide a
or rag
averaging may be
~ deemaC
to ~ wetland
situation width
wetland be
provided
quired
the wetland:
1 above; and
contain standing
and
for migratory birds of local
or required where an increased
irable to provide additional protection
aesthetic or environmental reasons. In this
required buffer around other areas of the
by up to 50 percent, but the area of tha
be equal to or greater than the area of the re-
4)
Design
1)
2)
determining whether
may consider the
a) The proposed land
on the wetland.
b) The design and layout
not to reduce the required buffer,
~ing:
~erty and its potential impact
proposed development in relation
to the wetland.
c) The physical characteristics of Xt~he site and the wetland.
d) Any other factor related to the sh~ort or long term environmen-
tal stability and health of the weua~d.
Standards: . ~
No grading, dredging, clearing, filling, draining, or other development
activity shall occur within the delineated wattand or required buffer
area unless said activity is part of a mitigation pla~x,as approved under
Section 14-6K-1G4.
For property not served by a municipal sewer system, the location of
septic tanks, soil absorption systems, holding tanks, or any other
element of an on-site sewage disposal system, must meet the required
yard specified in the regulations of the base zoning district, as mea-
sured from the buffer edge.
Ordinance No.
Page 9
\,
3)
4)
5)
6)
7)
To mitigate negative impacts of development and limit sedimentation,
the direct discharge of untreated surface water from a development
site or a developed area into a wetland may be prohibited. The partial
treatment of storm runoff through the use or combined use of con-
structed wetlands, detention basins, vegetative filter strips, sediment
traps or other means before it reaches a wetland I ~e considered as
part of a mitigation plan as provided in Section
case, the discharge should not increase the rate
water quality of the wetland, un!ess it can
specialist that an increase in the rate of rio
ly impact, the wetland.
On any lot containing a wetland,
ruder Chapter 14-51, entit
mitigation plan approved
Ordinance {Section
;nt activity occurri]
The of foreign or
in wetland or
rich.
The
varieties,
approved as pa~
1G4.
Where it is
provides
disturba[ E
buffer to help
enhar atari
wetland
iK-1G4. In such
or decrease the
shown by a wetland
not adverse-
control measures, whether
g Ordinance," or as part
the provisions of the Sensitive
shall be installed prior to an,/
on the site.
species, including intrusive native
areas shall be prohibited. Only non-
be used to supplement existing vegeta-
~ or invasive species, including intrusive native
or buffer area may be permitted when
~f a mitigation plan as provided under Section 14-6K-
that the area occupied by the required buffer
to the wetland due to previous land
cover shall be provided within the
and slow the flow of surface water. The
~nsist of species that are known to be non-
Wetland Mitigatic A Sensitive Areas )merit Plan or Sensitive Areas Site Plan
for property cot a wetland as defined Sensitive Areas Ordinance {Section
14-6K-1) a mitigation plan that all regulations contained in
Section 14-6 Wetland Regulations, will b( Avoiding a delineated wetland
area and mi~ the impact of development on~)~,~etland is strongly encouraged,
and shall ~'e investigated before compensatory mitige~[~ will be considered.
a. I~ a.ddition to the submittal requirements cont?~ned in Section 14-6K-IF, a
w( :land mitigation plan shall include the followin~nformation:
1) The type and location of erosion control me~ures to be placed on the
property prior to any other development activi~ occurring on the site.
2) The boundaries of the delineated wetland anb~he required natural
buffer area. . .
3) Certification by a wetland specialist or the Army C~rps of Engineers
regarding the wetland delineation, if required.. . ~.
4) Information regarding the characteristics of the.w.e.tl.an~cessary to
determine the allowable buffer reduction as provid de 'm Seb~,on 14-6K-
1G3b, if a reduction is requested. . . . ~
.~ A storm water management plan indi t~ha tn t he requirem'e~t_s of
" Sec.t. ion 14-3G, entitled "Storm Water C lieco tion, Discharge and
off, and Section 14-6K-1G3c3 will be met.
b. Compensatory mitigation may be permitted only if it is clearly demonstrated
that avoiding and minimizing the impact on a wetland is unreasonable. A
permit for anv development activity within a wetland area is required by the
U.S. Army Corps of Engineers. If a permit is granted for development activity
within a wetland, compensatory mitigation shall be required based on the
Ordinance No.
Page 10
following
Corps:
1)
criteria, unless a greater degree of compensation is required by the
Wetlands containing species listed bv the federal or state government
as endangered or threatened, or containing critical or outstanding
natural habitat for those species, wetlands containing the presence of
diverse plant associations of infrequent occ[ ional impor-
tance, and wetlands located within stream corridors ,fined in the
Sensitive Areas Ordinance (Section 14-6K-1) shall ,nsidered pro-
tected, "no build" wetland areas. Compensato ation will be
considered only if the wetland disturbance is tel small in relation
, the overall wetland and if it can be shown listurbance will
have an adverse impact on the overall If compensatory
is permitted for a wetland I these characteristics, the
)lacemerit ratio of comparab 31acement habitat to habitat
lost I be at least 3:1.
2) The re sment ratio of corn
shall be least 2:1 for wetlan
Section but con
a) water thro
3n,
b) Forested
c) Wetlands
regional or Ic
3) Compensatory miti
Sensitive Areas
least 1:1. If sai
to meet one
Where corn
Section 14-6K.
)lacement habitat to habitat lost
not meeting the criteria listed in
the calendar year under average
a known habitat for migratory birds of
significance.
for all other wetlands regulated under the
Section 14-6K-1) shall be at a ratio of at
I/or the replacement habitat is enhanced
:aria listed in Sections 14.6K-1G4bl or
mav be reduced to
0.5:1.
ation is I:
tory
1) An
th
the mitigation plan specified in by
2)
3)
~ must be prepared by vetland specialist. A compensa-
must include the followin components:
nt of the value of the being replaced to determine
)propdate replacement ratio;
lear statement of the goals of
regarding the expected rate of
cover over specified periods of time;
Analysis of the soils, substrate and hy
plan, including specific
blishment of a vegeta-
5)
the constructed or expanded wetland in terms
provide a proper growing medium for the
A list of the plant species to be used, wl~ich should
non-invasive species, and their proposed locations.
much of the native vegetation from the original
well as the upper six to twelve inches
the proposed site of
their suitability to
vegetation;
native,
'ransplanting as
as
)uraged; and
Provisions for monitoring the condition of tire ne
area for a period of five (5) years, and identification of party re-
sponsible for replanting in the event of poor initial growth 3redation
resulting in a failure of over 30 percent of the planted stock. nforma-
tion collected during the monitoring process shall be submitt~ to the
City annually and include the following:
a) Data on plant species diversity and the extent of plant
b)
c)
established in the new or enhanced wetland; and
WildLife presence; and
Data on water regimes, water chemistry, soil conditions and
ground and surface wa':er interactions; and
Ordinance No.
Page 11
d) Proposed alterations or corrective measures to address defi-
ciencies identified in the created or enhanced wetland, such as
a failure to establish a vegetative cover or the presence of
invasive or foreign species.
Corridors:
Purpose: The purpose of regulating development in and around stream corridors is to:
a. Recognize the value of stream corridors in providing floodwater conveyance
and storage,
Promote filtration of storm water runoff.
Redt~ce streambank erosion,
d, Protect and enhance wildlife habitat,
Corridor Regulation by Other Agencies: The epic royal of a Sensitive Areas
to obt~
Stream
Plan,
considered
sensitive
Stream
a.
will
merit Plan or a Sensitive Areas Site Plan does not
required by other local, state or federa
rridor Regulations: Any property located
m corridor in Iowa City will be required '
aid propertv qualifies for an exam
era Sensitive Areas
1 ) Along
Requirements:
under Section
ined; when other se~
late the applicant's need
:ies.
to the Iowa River or
bruit a Sensitive Areas Site
Section 14-6K-1D, or is
review required for another
lent
Iowa River
developm
2) Along
30-foot
activity and t[
to R~
Creek.
3) Along
way, a
merit
the following buffer requirements
are located within a stream
buffer will apply:
natural buffer will be maintained be-
activity and the floodway.
Iowa River that have a delineated floodway, a
will be maintained between any development
These tributaries include, but are not limited
~illow Creek, Snyder Creek, Clear Creek and Rapid
rainageways that do not have a delineated flood-
uffer will be maintained between any develop-
and the corridor limits.
S IN STREAM CORRIDORS
The City may reduce tho required natural buffer based L~A~B~ T"[~!ing criteria:
1) The required natural buffer may be reduced by .up.!o ,5.0 .~cent if the
applicant demonstrates that the portion of the b flu e.r being~,~duced:
a} Does not contain significant existing vegetative cover,"s~h as
native trees or prairie remnants; and . . '~.
b) Does not contain other sensitive areas subject to.t~_e..r.~qui .i~.
ments of the Sensitive Areas Ordinance (Section 14-6K-1); and
Ordinance No.
Page 12
2)
Enhanced vegetative cover will be
buffer area.
The required natural buffer may be reduced by up
applicant demonstrates that:
a) The property is adjacent to or contain
b)
c)
In dererin
following:
1) ThE
in the remaining
percent if the
stream corridor that
is located in a developed area of the
the City where platted lots abut
1996, the effective date of
(Section 14-6K-1)); and
The portion of the buffer beir
sensitive areas subject to
Areas Ordinance {Sectior
Requiring tl
able use of the propt
Enhanced vegetati,
buffer area, to
whether to redu~
(defined as an area of
stream as of January 1,
Areas Ordinance
I does not contain other
requirements of the Sensitive
); and
uffer would preclude reason-
and
will be provided in any remaining
possible.
Jired buffer, the City may consider the
)osed land of the property and its potential impact on the
2)
3)
4)
st
Any other
ty and
Steep Slopes:
1. Purpose: The
a. Promote se
of the proposed development in relation to the
stics of the site and the stream corridor; and
· related to the short or long term environmental stabill-
corridor.
3f regulal development on and near steep slopes is to:
in the des and construction of developments.
b. Minimize
c. Minimiz~ instability,
d. the scenic character o!
Regulations:
a. StE
bo
I mudslides.
and downstream siltetlon,
illside areas, particularly wooded hillsides.
- Any property
a Sensitive Areas Site
under Section 14-6K-1D.
;onform with the design guidelines s
Critical Slopes - Any property
steep slopes (18.24%) shall be required
unless said property qualifies for an
Sensitive Areas Site Plan must
[in Section 14-6K-114.
required to submit a Sensitive Areas
Erosion Control Plan, unless said property
Section 1 4-6K-1D. The Sensitive Areas Develo
the design guidelines specified in Section
Erosion Control Plan must conform with the
Ordinance (Section 14-51).
c. Protected Slopes - Any area designated as a protecte
be graded and must remain in its existing
may be supplemented by other plant material.
Buffer requirements: A buffer will be required around all I
of buffer will be provided for each foot of vertical rise of the
maximum buffer of 50 feet. The buffer area is to be measured
sides of the protected slope. No development activities, includin~
other vegetation, shall be allowed within the buffer. If a geolog
neet can demonstrate to the satisfaction of the City that a development
signed to eliminate I~azards, the setback and buffer requirements may be
slopes (25-39%) shall be
Plan and a Grading and
difies for an exemption under
aent Plan must conform with
114, and the Grading and
~irements of the Grading
~e (40% + ) shall not
vegetation
Two feet
up to a
top, toe and
of trees and
~gi-
~n be de-
Jced.
Ordinance No.
Page 13
BUFFER REQUIREMENT8 FOR PROTECl'~D S~.OPE8
Design Standards: The
Site Plan or a Sensitive Areas
ted:
addressed when either a Sensitive Areas
property containing steep slopes is submit-
Every lot or parcel
minimum lot size re(
construction area
foot lot located
Except for driv
allowed ~ the
~ave a construction area equal to at least 40% of the
by the zone in which it is located. [For example, the
be 3,200 square feet for a minimum 8,000 square
zone].
ities installation, no grading or excavation shall be
on area.
Cut slopes be construct( to eliminate sharp angles of intersection with
the exist terrain and shall be'~unded and contoured as necessary to blend
with ext, ;j topography to the n~ximum extent possible. The City will not
accep/~ t dedication and maint, en'axnce of cut and fill slopes, except those
witl~n the required street right-of-wa'~.
d. St~et rights-of-way and public utility ~rridors shall be located so as to mini-
~ize cutting and filling. ~ .
e. /To maintain the stabiliW of ungraded arc, s, existing vegetation shall be re-
tained to the maximum extent possible. ~
P ;: The purpose of regulating develop_m~nti? ah~ around wooded areas is to:
Reduce damage to wooded areas of the City, p'~ticularly wooded wetlands,
steep slopes and stream corridors. ~
b. Reduce erosion and siltation. ~
c. Minimize the destruction of wildlife habitat. . ~
d. Encourage subdivision and site plan design which in'~rporate groves and
woodlands as amenities within a development. ~
Woodland/Grove Regulations: . . . ~
a. Any property containing a woodland in combination .with. an~,.other environ-
mentally sensitive area subject to the requirements of this ordl~.nce will be
requ red to submit a Sensitive Areas Development Plan, prior to'~odland
clearing or commencing an,/development activity, unless said property qualifies
for an exemption under Section 14-6K-1D.
b. Any property containing a woodland, but not otherwise required to have a
Sensitive Areas Development Plan, will be required to submit a Sensitive Areas
Ordinance No.
14
Site Plan prior to woodland clearing or commencing any development act, ivity,
unless said property qualifies for an exemption under Section 14-6K-1/D.
Site and grading plans and subdivision plats for any property contain~0g a grove
of trees shall illustrate the grove on the plan or plat prior to comm/encement of
any development activity, and will take measures to protect and,~tain as much
of the grove as practicable, unless said propert,/ qualifies/~r an exemption
under Section 14-6K-1D.
If the property owner certifies that no development will occur within
I00 feet of the trunks of the trees to be protected in I, the require-
a., b. or c. above may be waived. The and a 100 foot
area shall be preserved as public or open space, either
gh dedication, a conservation easement control by a homeowners'
Woodland and Replacement Requiremen
a. Areas Development Plans and Site Plans required to
under this section shall dE ;ate all existing woodlands and shall
designate woodlands that are to ~rotected. The plans shall substantiate
that ; are being retained follows:
Zone Retention ReQuirement
ID, RR-1 70%
RS-5, RS-8, 50%
RM-12, RM-20, RNC-20 20%
RDP, ORP 20%
C and I 10%
b. The required woo( , to be retained shall be delineated 50 feet from the
trunks of trees ' preserved,
c, If the required woodland area cannot be retained due
to site or requirements, replacement trees will be
planted at of one tree 200 square feet of woodland removed
in required
d, Where not feasible to trees on-site, replacement trees may be
)lement reforestation an off-site woodland approved by the
City off-site woodland shall [ owned property or property
su a conservation easement,
e, trees must be approved by City, and to the extent possible,
of the same or equivalent as the trees being removed·
f. ~lacement trees shall meet the s[ set forth in Section 14-6R-5,
entitled "General Tree Planting Req and shall be secured by a
performance guarantee for a period of 12 mon
Woodland and tree protection methods for development activities
shall be shown on any plan or plat required to be ~itted prior to commence-
ment of development activities, Protection Is should comply with
generally accepted tree protection guidelines and )roved by the City.
h. When other environmentally sensitive ~ the Sensitive Areas
Ordinance (Section 14-6K-1) are present ' th a woodland, the
regulations related to all the sensitive areas contained on property will be
considered, with the most stringent regulations
Design Guidelines: 'the following guidelines should be sither a Sensi-
tive Areas Site Plan or a Sensitive Areas Development Plan is
a, To the extent possible, woodlands located on steep and/or ical slopes
and/or within 100-year flood plains should be given the retention
priority when meeting the requirements of section 14-6K-1J3a. e~
b. Street rights-of-way, public utility corridors and building sites should b ated
so as to minimize their impact on woodlands end groves. ~,,,..~
Ordinance No.
Page 1 5
c. Where possible woodlands and groves to be protected should be located within
designated public or private open space, either through dedication, a conserva-
tion easement, or control by a homeowners' association.
uily Hydric Soils:
Purpose: Fully hydric soils may indicate the potential existence of jurisdictional wet-
lands and the probable existence of a high water table. purpose of regulating
lands that contain fully hydric soils is to recognize the imposed on urban
;~ment projects by potential wetlands and/or big tables. That is:
2. Re
a.
Wetlands are protected under state and feder,
ered no-build areas unless appropriate and
undertaken.
High water tables on a property require:
~, such as streets, and f(
ices, being constructed on the
If hydric soils exist on a
, owner shall verify
J on the site, compli~
inance (Section
More strir ~nt constructi
law, and as such, are consid-
~roved mitigation measures are
construction practices both for
development, such as reel-
window
Department.
c. Hydric soils, in a~
Areas Overlay ~
wise requirin
Areas Site F
3. Design standards:
so that areas
water detentio~
corridors,
Prairie Remnants:
1. Purpose:
a.
where development is proposed, the
rids exist on the site. if wetlands are
h the wetlands provisions of the Sensitive
will be required.
uards, as specified by the City Public Works
for streets, structures and stormwater manage-
: soils. Sump pump discharge and elevations of
be regulated, as specified by the City Public Works
of themselves, will not be sufficient to require a Sensitive
Properties containing fully hyddc soils, but not other-
[tive Areas Development Plan, will require a Sensitive
~borhood open
, urban development projects will be designed
treated as an environmental asset; used for storm-
or buffers, protective greenbelts along stream
ca.
2. ~irie
purpose of protecting remnants in Iowa City is to:
nize the value of prairie for holding soil in place, absorbing
Ilutants and taking up large unts of moisture. These functions are
articularly important when prairie r.~..nants are located along streambanks,
adjacent to wetlands or on areas of hilly erodible soil.
Protect and enhance the function of pra!ril~emnants to provide wildlife habitat,
ecological diversity and environmental ed~ation opportunities in an urban
setting. ~
Remnant Regulations: .. ~
Development of properties containing p?rie.rem'~nts one acre in size or larger
that are not associated with other sensitive f~.a!ur~ .w. ill be designed to retain
the maximum amount of prairie remnant possible, w~e not precluding reason-
able use of the property. . ~
Prarie remnants associated with other s~n itive fea.t~,,es., such as stream
corridors wetlands, steep slopes, woodlar?~ or a s~a~d o.f'~,gnificant trees will
be treated as environmental assets, dan will be conside. red no'~uild areas to the
extent possible, and used for buff Ylers, ~ter strips along waterways, and/or
neighborhood open space. ~
Prairie remnants, in and of themselves, will not be sufficient to require a Sensi-
tive Areas Overlay rezoning. Properties containing prairie remnants one acre
in size or larger, but not otherwise requiring a Sensitive Areas Development
Plan, will require a Sensitive Areas Site Plan review.
Ordinance No.
Page 16
Archaeological Sites:
1. Purpose: The purpose of regulating development of lands which contain archaeological
sites is to:
a. Help assure that sites which contain important
bo
community's prehistory and history are identified,
properly excavated when appropriate.
Allow the State Historic Preservation Officer and
Archaeologist the opportuniW to document and
historic sites.
Allow for the consideration of prehistoric an
development of a property to minimize
or excavation of such sites is
for the early identification of
:ate Code regarding suc
in subdivision development
after commencement
regarding the
protected, and/or
Notification:
archaeolo
development or
sion plan
The State
the site plan,
the Sensitive
te is located in the
subdivision '
toric Pr6
he City if ~
)riate, the State
~ortant prehistoric and
: sites in the planning and
vhen it is determined that study
burial sites to ensure that the
; not violated and to avoid unnecessary
subdivision redesign if such sites are
development.
Inventorv Map - Phase I indicates that an
section within which a site plan, planned
City will forward the site plan or subdivi-
'vation Officer (State) or the State Archaeologist.
~d archaeological site exists within the area of
or subdivision. The State will also notify the City
if the site is of such
State or a State-approvE
Regulations:
a. Archaeological:
archaeolo
vision, subje
gist be allo'
of the
State sf
to stuc
plat
. which do not contai
ical importance that it requires further study by the
;haeologist.
If it is determined by the State that further study of an
', the City may approve the site plan or a subdi-
e
to study
the purpose
period of
where a[
:tivities
planned development Jbdivision regulations for portions of the
that the State or a State-approved archaeolo-
site and, if appropriate, complete an excavation
: documenting the significance of the site. The
thirty (30) days in which the site is frost-free
the site. This requirement shall not
approved under the grading ordinance, site
ical materials.
~e applicant may choose to hire an
a study or excavation plan
study or excavation work may be corn
approved by the State to
by the State. In this way, the
a more timely manner.
Significant Archaeological Sites - If ~he State
includes a significant prehistoric or historic site
excavated within a thirty (30) day period, the site
may be approved subject to an archaeological ass
a period of time in which the State or a
document and/or excavate a site.
rmines that the property
cannot be studied and
or a subdivision plan
)lan, which specifies
ist may
If the site is determined to be of such state or national
should not be disturbed, an attempt should be made to desig
subdivision plan to allow retention of the site as private or public
ce that it
or
Burial Grounds - When a site contains a human burial ground, the State Ar-
chaeologist shall determine the significance of the burial ground and whether
or not the human remains may be disinterred. If the State Archaeologist
determines that the human remains should not be disturbed, the portion of the
Ordinance No.
Page 17
N. S
1.
property containing the burial grounds plus a 20-foot buffer
grounds shall be set aside as permanent, private or public
Discovery of Unrecorded Archaeological Sites: If, during the
construction, prehistoric artifacts, historic objects or human rer
:he State shall be notified. The State may take steps to
if practical, or in the case of human burial
determine whether or not the human remains can
that the human remains cannot be
ning the burial ground shall be returned to its
tines
Areas
Encoura
pe
Development Plan Design Guidelines:
The purpose of Sensitive
)vide for flexibility in the design
~ments to help as
sensitive areas, are des
mmentally sensitive areas
in the applicati
innovative
inance.
~d bicyclis
types
Allow neighbort
for the proposed
Applicability:
a. The Sensitive l
City when ev
intended to
underl,
intent
b. The
1),
A
ound the burial
space.
of grading or
encountered,
and preserve the
State Archaeologist
disinterred. If it is deter-
portion of the property
Plan design guidelines is to:
)blic infrastructure and residential
rots near, in or adjacent to environ-
to use land efficiently and preserve
open space amenities.
development codes, standards and guide-
that promote the purpose of the Sensitive
provides for easv access and circulation for
ial developments that contain a variety of housing
~rcial uses which are appropriate in scale and design
City will
and strive
of
g lelines cor
to be used by
Development Plans.
rict creativity and an applicant
Development Plan guidelines
accordance with the following standar(
1. The modification will be
Sensitive Areas Ordinance
2, The modification will
merit Plan and will not have
or spatial characteristics.
)ment Plan design guidelines are to be used by the
ive Areas Overlay rezoning. These guidelines are
allow modifications of the requirements of the
subdivision regulations. When applying such
gh the specific circumstances surrounding each
solutions that best promote the spirit,
tive Areas Ordinance (Section 14-6K-1).
ined in the Sensitive Areas Ordinance (14-eK-
imum requirements for evaluating Sensitive
er, such guidelines are not intended to
request modifications of the Sensitive
~ich may be approved by the City in
with the purpose and intent of the
14-6K-1).
: the Sensitive Areas Develop-
impact on its physical, visual
The modification shall not result in a
system which is impractical or detracts
proposed development.
The modification will not result in danger to
welfare by preventing access for emergency
Jration of lots or a street
the appearance of the
,lic health, safety or
by inhibiting the
provision of public services, by depriving
quate light and air, or by violating the purposes for
article.
These development guidelines recognize that when E
features are protected by conservation easements or ot
tions, the overall dwelling unit density of a property may be
3errlea of sale-
intent of this
sensitive
t restric-
The
Sensitive Areas Development Plan procedures allow the dwelling unit
that otherwise would have been permitted in an environmentally protected area
Ordinance No.
Page 18
Street
a,
to be transferred to the portions of the property which are identified as not
being environmentally sensitive. To help assure,that the resulting denser
development is developed in an attractive and ~ble manner, the following
guidelines shall be applied.
These guidelines recognize that it may be to decrease lot area
requirements, lot width requirements and right-of-way and paving re-
quirements in order tc
)roperty. These guidelines also recogr
;cessary for smaller lot derale
icular access to individual lots will
!riendly streetscape is derrio
idelines:
A led grid street pattern
nd environmental co
b. C
mized, but
tion of a
c. Street
the su
public and
d. Street pavement
reduc
designs that
for vehicles oth
e. When street p
for parking, ,~
and other roadw~
~y be used
the developable portion of the
that special design concerns are
use of rear lanes to provide for
assure that an attractive and pedes-
is adapted to the topography, natural
of the property is encouraged.
with a single point of access should be mini-
environmental constraints prevent the construc-
vay widtl ' be reduced below those otherwise required by
if plans provide sufficient area for the location of
§ the streets or rear lanes.
of local streets may be reduced to 25 feet. Further
)avement width may be considered for alternative street
dan-oriented street frontages by restricting access
emergency vehicles to the rear of the lots.
,idths are reduced below 28 feet, alternative locations
as anes and off-street parking clusters are encouraged.
Rear Lane Design ( lelines:
a. The use r lanes to
~n for utilit'
neq When rear
proxir one-half the
manr more lots can be
b. Rea which are located
ride for vehicular access to individual lots and an
nts can enhance the livability of compact
are used, lot widths can be reduced to ap-
/ise required 45-60 foot lot width. In this
Bd per linear foot of street paving.
to local streets, are encouraged. Where
re~ lnes are provided, driveway to lots shall be via such rear lanes to
tl extent possible. In such Iocatior curb cuts onto a parallel street should
~b'e minimized. Utility easements be located in rear lanes to the extent
/possible.
c. /Rear lanes should have a minimum ~e'~t width of 1 6 feet. The paved rear
/ lane should be centered within a of-~/,x~,.y' or easement which provides
sufficient room on each. side to allow for a u 'f~corridor.
/ - .... ........
.. .... ,.
'
Con~e~tiona~ st,eet design A. a~ ~t aesign~,t~
h I~ess fm~e~r lane
Ordinance No.
Page 19
10.
Pedestrian Walkway Guidelines: To assure that pedestrians have adequate access
throughout a development, sidewalks and pedestrian pathway networks should be
provided. The location and design of pedestrian sidewalks and pathways should be
based on the volume of traffic anticipated on the adja ant street; the length of the
segment of sidewalk or walkway; the need to
ways are located adjacent to streets; and the
mentally sensitive feature is desirable.
Land Uses: The design guidelines of the
to encourage a mixture of housing types, and
located adjacent to single-family and d~
)uld be of a scale, massing and architec
ant lower density residential developm
type are discouraged except
the following land uses are el
ment:
a.
b.
C.
d.
e.
~ched single-family dwellir
line dwellings and
buildings.
Accesser' ~artments
ed re locate
ted
f. Commercial
residential devela
Development
Dimensional Requirere(
transfer of dwelling u~
non.environmentall
underlying zone waived.
a. Minimum area, lot
that suff yards are '
homes can be
and contain front and rear
For ~wnhouses and zero lot line
ap[ ~imately 10 feet and still
st rights-of-way and adjacent
snow storage when walk-
which access to an environ-
Zone are intended
appropriate, commercial uses.
ructures, multi-family buildings
style that is compatible with the
Developments consisting of only one
the development is of a small size. A
ed to be integrated within a develop-
~es.
less than 800 square feet in floor area provid-
an owner-occupied dwelling or within a permit-
associated with an owner-occupied dwelling.
are appropriate in scale and compatible with nearby
~nt. Commercial uses are not permitted in Sensitive Areas
3r properties less than two (2) acres in size.
) encourage more compact development and allow the
from environmentally sensitive areas of a property to
the dimensional requirements of the
development on small lots will
)lacement of garages and
lanes for vehicular access to small lot
b. The maximum building height and building
that the design of the development result~
for each building. For example, an increase in
to 45 feet (4 stories) may be appropriate
back from adjacent buildings to allow each dwelling
sure.
Dwelling Unit Density: The overall dwelling unit density,
minus public and private street right-of-way area (excluding rear
Areas Development Plan, shall not exceed the maximum densit'
underlying zone.
Sensitive Open Space Designation: sensitive areas and their
encouraged to be incorporated into the design of the development as
dedicated to the City, or private open space held in common by a
association. Where sensitive features and/or their required buffers are incor
and yards may be reduced provided
ated for each dwelling unit. For example, sin-
~n lots of approximately 4,000 square feet
Is of 20 feet and side yards of 5-10 feet.
)merits, yards may be reduced to
for a landscape transition between
To provide for a livable environ-
careful architectural design,
parking areas. The use of rear
lents is therefore encouraged.
age may be waived provided
ient light and air circulation
from 35 feet (3 stories)
taller buildings are set
adequate light expo-
3n total land area
in the Sensitive
in the
are
)ace
into individual lots, they shall be included within a conservation easement. ~_
Where commercial developments are proposed, they should be of a scale suited to
serve the residents of the immediate development and adjacent neighborhoods.
Ordinance No.
Page 20
Commercial buildings should be located adjacent to the street with parking
spaces located behind the building and screened with landscaping from adja-
cent residential structures.
Dwelling units are encouraged above the first floor of buildings containing
commercial space.
Commercial development should be designed to serve as a focal point of the
overall development and is encouraged to incorporate open spaces such as
town squares.
Commercial development should be designed so that the material, massing and
rchitectural style is compatible with the adjacent residential development.
Neighborhood scale commercial with
dwelhng units located on second floor and
parking located behind the building
11.
Additional Considerations:
position of different
sions into the desi
ing design
attractive and provi.
a. Where nari
not domir
concentration of dwelling units and the juxta-
achieved by incorporating the above provi-
msitive
~ns is encouraged
for a transition
proposed,
the streetscape, as
adherence to the follow-
that the resulting development is
lic streets and private residences.
~ld be located so that they do
below.
/
b. Where reduced front yards are proposed, the use of p ed to
provide a transition between the street and the dwelling unit. ~
c. Where a variety of housing types, such as single fam,~,. duplex ~n~ ~ti-
family buildings, are mixed within a development, similar archita~ u~a~ s~e~
building types are compatible. The use of traditional Iowa City arch tectural
styles, such as prairie, craftsman, vernacular farm house and Victorian designs
are encouraged.
Ordinance No.
Page 21
n between the
Appeal.
1. The Board of
Sensitive Areas
ustment may gra~
Jnance
that:
a. Application
tion
b. Any
to allow for rea,<
rive areas; and
c. The
health, safety
2. The Board
sensitive area under
approved by
Performance Guarantee.
special exception to the provisions of the
) if the applicant is able to demonstrate
msitive Areas Ordinance (Section 14-6K-1 ) regula-
use of the property;
sensitive areas are to be the minimum necessary
use of the property with the least impact on the sensi-
does not pose an unreasonable threat to the public
~re on or off the development proposal site.
ns to limit the impact of any authorized alteration of a
including requiring mitigation undor a mitigation plan
~nce wi
guarantee provisions of City Code
Section 14-5H-10, the : Plan Review
required to ensure con ion of
tion or maintenance )rts, as stipulated in
~, Enforcement. The: Areas rag
14-6U-7, entitled lations and Penalties."
SECTION II. REPEALE All ordinances and parts of
Ordinance are
SECTION III. SEVE
be invalid or
whole or any se(
SECTION IV.
publication,
entitled, "Performance Guarantee," may be
measures, including plantings and other mitiga-
Sensitive Areas Ordinance (Section 14-6K-1 ).
,ill be enforced under the provisions of Section
;ILITY. if any section, provision
such adjudication shall not
provision or part thereof not adjudged
DATE. This Ordinance shall be
rovided by law.
,19
Passed an( ~roved this __ day of
in conflict with the provisions of this
rt of the Ordinance shall be adjudged to
the validity of the Ordinance as a
or unconstitutional.
after its final passage, approval and
CiTY CLERK
~roved by
City Attorney's Office
ORDINANCE NO. 95-3696
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF 2.02 ACRES OF
LAND LOCATED EAST OF LAKESIDE DRIVE
AND SOUTH OF U.S. HIGHWAY 6, FROM
lB-RS, INTERIM DEVELOPMENT SINGLE-FAMI-
LY RESIDENTIAL, TO RM-1 2, LOW DENSITY
MULTI-FAMILY.
WHEREAS, Owner, as legal title holder has
requested that the City fezone approximately
2.02 acres of land located east of Lakeside
Drive and south of U.S. Highway 6, from
ID-RS, Interim Development Single-Family
Residential, to RM-12, Low Density Multi-
Family; and
WHEREAS, Iowa Code §414.5 (1995) pro-
vides that the City of Iowa City may impose
reasonable conditions on granting the rezoning
request, over and above existing regulations, in
order to satisfy public needs directly caused by
the requested change; and
WHEREAS, the characteristics of the subject
property, including its unusual shape, the
presence of a senitary sewer easement over a
large portion of the property, its location at an
entranceway to the Grant Wood neighborhood
and to the city, and its location near industrial
zoning, require careful consideration of site
design; and
WHEREAS, Owner ac~,nowledges that certain
conditions and restrictions are reasonable to
ensure appropriate multi-family development in
this area of Iowa City; and
WHEREAS, the Owner has agreed to develop
this propert,/in accordance with certain terms
and conditions to ensure appropriate urban
.development in this area of Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
' SECTION I. APPROVAL. Subject to the terms
and conditions of the Conditional Zoning Agree-
ment as authorized by Iowa Code §414.5
(1995), a copy of which is attached hereto and
incorporated by reference herein, the property
described below is conditionally reclassified
from its present classification of ID-RS to
RM-12:
Outlot A of Whispering Meadows Sub-
division, Part One, as recorded in Plat
Book 31 at Page 277 of the records of the
Johnson County, Iowa Recorder's Office.
Ordinance No. 95-3696
Page 2
SECTION tl. ZONING MAP. Upon final pas-
sage, approval and publication of this Ordi-
nance as provided by law, the Building Official
is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to
conform to this zoning amendment.
SECTION III. CONDITIONAL ZONING AGREE-
MENT. Following finel passage and approval of
this Ordinance, the Mayor is hereby authorized
and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement
between the property owners, applicants and
the City.
SECTION IV. CERTIFICATION AND RECO, RD-
ING. Upon passage and approval of this ordi-
nance, and after execution of the Conditional
Zoning Agreement, the City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance and the Conditional Zoning Agree-
ment, and to record the same in the Office of
the Recorder, Johnson County, Iowa, at the
City's expense, all as provided by law.
SECTION V.' REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 sdjudged invalid or unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 7th day of
~November, 1995.
Ordinance No. 95-3696
Page 3
It was moved by Novice and seconded by
as read be adopted, and upon roll call there were:
Pi~o~t
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novice
Pigoft
Throgmorton
that the Ordinance
Fimt Consideration ] o / ] n / q s
Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz,
Kubby, Lehman, NovicE. NAYS: None. ABSENT: None.
Second Consideration 10/24/95
Vote for passage: AYES: Kubby, Lehman,NovicE, Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT: None.
Date published 11/15/95
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City") and CB Development, Ltd. (hereinafter "Owner").
WHEREAS, Owner, as legal title holder, has requested the City rezone the 2.02 acres of land
located east of Lakeside Drive and south of U.S. Highway 6, from ID-RS, Interim
Development, Single-Family Residential, to RM-12, Low-Density, Multi-Family; and
WHEREAS, Iowa Code §414.5 (1995) provides that the City of Iowa City may impose
reasonable conditions on granting the rezoning request, over and above existing regulations,
to satisfy public needs directly caused by the requested change; and
WHEREAS, certain characteristics of the subject property affect the public's safety and
welfare, namely the properry's unusual shape, the presence of a sanitary sewer easement
over a large portion of the property, its location along an entranceway to the City, and its
proximity to a busy, controlled access highway; and
WHEREAS, the presence of such characteristics affecting public safety and welfare require
the careful consideration of certain planning issues such as location and number of street
accesses, buffering and positioning of development to promote safe traffic patterns; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable in
order to ensure safe and appropriate development of the subject tract, and Owner and City
wish to enter into an agreement to memorialize the agreed-upon terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Owner and
City hereby agree as follows:
CB Development, Ltd. is the owner and legal title holder of the property located east
of Lakeside Drive and south of U.S. Highway 6 legally described as follows:
Outlot A of Whispering Meadows Subdivision, Part One, as recorded in Plat Book 31
at Page 277 of the records of the Johnson County, Iowa Recorder's Office.
The City and Owner hereby acknowledge that certain characteristics of the subject
property will affect the development of the property, including the property's unusual
shape, the presence of a sanitary sewer easement over a large portion of the property,
location along an entranceway to the City, and proximity to a busy, controlled access
highway. The City and Owner further agree and acknowledge that the presence of
such characteristics affect public safety and welfare, and therefore require careful
consideration of certain planning issues such as location and number of street access,
buffering and positioning of development in a manner which will promote safe traffic
patterns.
In consideration of the City's rezoning the subject property from ID-RS, Interim
Development, Single-Family Residential, to RM-12, Low Density, Multi-Family
Residential, the Owner agrees that development and use of the subject property will
conform to the requirements of the RM-12 zone, as well as the following additional
conditions:
Development of the site in substantial conformance with the concept plan
attached hereto as Exhibit "A" and incorporated herein by this reference.
o
2
Development of the site in conformance with the attached concept plan is
intended to address those planning issues created by the characteristics of the
property as noted above,
Development of the site in conformance with the landscape plan attached
hereto as Exhibit "B" and incorporated herein by this reference. Development
of the site in conformance with the attached landscape plan is intended to
ensure that an adequate vegetative buffer is established between the
development and Nighway 6, as a major entranceway to the City, and also
between the development and the adjacent industrial development.
Limiting access to the site to one location located at least 200 feet south of the
intersection of Lakeside Drive and the Highway 6 frontage road. Said access
limitation is to ensure public safety and welfare due to the proximity of the
development to a busy, controlled access highway.
Owner acknowledges that the conditions contained herein are reasonable conditions
to impose on the land under Iowa Code §414.5 (1995), and City acknowledges that
said conditions satisfy the public traffic safety needs as well as the public's aesthetic
needs resulting from the fact that the subject tract is adjacent to a major entranceway
to the City,
Owners acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to
be a covenant running with the land and with title to the land, and shall remain in full
force and effect as a covenant running with the title to the land unless or until released
of record by the City. The Parties further acknowledge that this agreement shall inure
to the benefit of and bind all successors, representatives and assignees of the Parties.
Further, upon certification by the City Manager or Designee that all conditions con-
tained in the Conditional Zoning Agreement have been complied with and satisfied, the
Mayor is hereby authorized and directed to sign, and the City Clerk to attest, a release
of all conditions placed upon the property by reason of this Conditional Zoning
Agreement, and a certified copy of such release shall be recorded in the Office of the
Johnson County Recorder at the Applicant's expense.
The Owners acknowledge that nothing in this Agreement shall be construed to relieve
the Applicant from complying with all applicable local, state, and federal regulations.
The Parties agree that this Conditional Zoning Agreement and its attached exhibits
shall be incorporated by reference into the Ordinance rezoning the subject property;
and that upon adoption and publication of the Ordinance, this Agreement shall be
recorded by the City Clerk in the Johnson County Recorder's Office at City expense.
Dated this '7 day of
CITY OF IOWA CITY, IOWA
~usan M. Horowitz, Mayor--~.___)
Marian K. Kerr, City Clerk
Approved by:
nay s Office ~_,~'~,_~--~
3
,1995.
OWNER
CB Development, Ltd.
Carol Barker
STATE OF IOWA )
)SS
JOHNSON COUNTY )
On this :~&,~'day of September, 1995, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Carol Barker, to me personally known, who
being by me duly sworn did say that she is the President and Secretary of C.B. Development,
the corporation executing the within and foregoing instrument, that no seal has been procured
by the corporation; that said instrument was signed on behalf of the corporation by authority
of its Board of Directors; and that Carol Barker as officer acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of the corporation, by it and by her
voluntarily executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Notary Public in and fo(,~e State of Iow~
On this '] , day of Sep'~P;aer, 1995, before me, the undersigned, a Notary Public in
nd for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr,
to me personally known, who being be me duly sworn, did say that they are the Mayor and
City Clerk, respectively of said municipal corporation executing the foregoing instrument; that
the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of City council of said
municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that
execution of said instrument to be the voluntary act and deed of said municipal corporation
and by them voluntarily executed.
Notary Public in and for the State of Iowa
I
OU TLOT "A"
88.282 sq.
2.05 ocrel
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II I'
REVISED DEVELOPMENT CONCEPT
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EXHIBIT A
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Emhibit "B"
OUTLOT
acres
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PLAN '~
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15' O.C. _~
PLAN
OUTLOT
acres
'-~XIST SAN S ESMT TO
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DEVELOPMENT
Exhibit "A"
I
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CONCEP-IpL~N
I
I
Nove~er 3, 1995
The Mayor and City Council
City of Iowa City
Civic Center
410 East Washington Street
Iowa City, IA 52240
Ro~ RBS95~OOL2; Ou~o~ ~gh~spe~ng ~eadows
Ladies and Gentlemen:
The undersigned, C B Development, Ltd., understands and
agrees that upon completion of the rezoning of Outlot A
Whispering Meadows Subdivision Part One and prior the
commencement of construction, that it will be required to
submit a Site Plan for approval by the City pursuant to the
City's Site Plan Review Ordinance.
The undersigned further acknowledges and agrees that in
connection with the site plan review process, it will be
required, at its sole cost and expense, to relocate the City
Sanitary Sewer Line shown and identified as "~bandoned San S
Line" on the Development Concept Plan attached to the
Conditional Zoning Agreement executed by the undersigned in
connection with the rezoning of said Outlot A.
The undersigned further agrees that the relocation of
said sanitary sewer line will be completed according to plans
and specifications approved by the City.
CB DEVELOPMENT, LTD.
City of Iowa City
MEMORANDUM
Date: November 1, 1995
To: City Council
From: Draw Shaffer, Cable 'rv Administrator ~-~
Re: Changes to proposed franchise agreement and ordinance as a rasult of written
communications to the City, comments from meetings with staff, and the Public Hearing
Following are four nonsubstantive changes to the proposed franchise agreement and
ordinance.
Gender identity protection to be added to section of franchise agreement regarding
TCI's services and hidrig practices.
Franchise fee language is to be standardized in franchise agreement and ordinance so
that both read the same.
The City Forester is to be included in the ordinance as someone who needs to be
integrally a part of the rebuild so as to cause the least amount of harm to the
community's trees.
The language in the ordinance pertaining to the makeup of guidelines for access
channels is to be changed in Section 12-4-27 D. so that this section will now read:
Access channels: Grantee shall provide the public, educational and
governmental access channels as specified in the franchise. The entities
operating the access channels shall, in cooperation with the Broadband
Telecommunications Commission, develop rules for such channels. Such rules
shall be placed on file with the City Clerk.
This paragraph will be added to the BTC's power and duties as well. This was a
change suggested by the other access channels at the access channel meeting of
10/10/95. The significance of this change is meant to reflect that the access channels
are the primary developers of such rules and take ultimate responsibility for such rules.
In addition, the Department of Human Services office and the Johnson County Administrative
Building will be supplied.
City of iowa City
MEMORANDUM
Date:
November 1, 1995
To:
Dale Helling, Assistant City Manager
Drew Shaffer, Cable Television Specialist
From:
Re:
Anne Burnside, Assistant City Attorney /~
Minor Amendments to Proposed Cable Ordinance
Please find attached the pages which contain minor amendments to the proposed cable
ordinance and franchise agreement. The changes have been suggested in recent weeks
and are offered in this format for inclusion when the City Council considers the documents
at their meeting on November 7, 1995.
will summarize the amendments:
Ordinance, Section 12-4-13(C).' If federal law permits the City to collect a
franchise fee of more than five percent (5%), that higher fee will be
implemented within forty-five (45) days. This change in the ordinance brings
the franchise fee language into conformity with the analogous provision in
the franchise document at page 16, Paragraph XVlII(A).
Franchise, Section XIV: The protected class of gender identity is added to
the nondiscrimination provision of the franchise. This inclusion is dependent
upon the City Council giving final approval to a corresponding amendment to
the Human Rights Ordinance.
Ordinance, Section 12-4-28(H): The provision regarding construction to
install underground cable is expanded to require a franchisee to notify the
City Forester and to obtain the City Forester's approval of trenching or other
underground cable construction operations.
Ordinance Section 12-4-27(D): Amend to clarify that access channels have
primary responsibility to develop rules for such channel operation, and that
the Broadband Telecommunications Commission will cooperate with the
channels to develop the rules.
St
Ordinance, Section 12-4-3(D)(12): As a corollary to the change noted
immediately above, the section defining the powers of the Broadband
Telecommunications Commission is amended to clarify their supporting role
to cooperate with access channels in developing rules of operation of the
access channels.
These pages are being forwarded to the City Manager's office for inclusion in the packet
of materials for City Council. Please let me know if I can be of further assistance.
cc: City Council
City Manager
City Clerk
26
affairs, transactions or property, as may be reasonably necessary and appropriate
to the performance of any of the rights, functions or duties of the City in
connection with this ordinance or the franchise.
The Grantee acknowledges that the reports, books and records which must be
prepared and furnished to the Citv in connection with this ordinance or a franchise
granted under the ordinance may constitute "public records" under state law and
the Grantee may be required to permit examination and copying of such records
upon request. If the City receives a demand from any person for disclosure of any
information which the Grantee has designated as confidential, the City shall
immediately advise the Grantee of the request and provide the Grantee with a copy
of any written request.
L. Proof of bonds and insurance: Grantee shall submit to the City the required bond, or a
certified copy thereof and all certificates of insurance required by this ordinance.
Sec. 12-4-13: Franchise payment.
Filing fee: Applicants for an initial franchise hereunder shall pay a nonrefundable filing fee
to the City of ten thousand dollars (910,000.00) which sum shall be due and payable at
the time of submission of the application.
Franchising compensation: Grantees of a franchise hereunder shall provide an initial
payment to the City in an amount equal to the direct costs of granting the initial franchise
including but not limited to consultants fees, which sum shall be due and payable
concurrently with the Grantee's acceptance of the franchise, to offset the City's costs
in the franchise awarding process.
Annual franchise payment: Grantees of a franchise hereunder shall pay to the City an
annual fee in an amount equal to five (5) per cent of the "annual gross revenues," as
defined herein, in lieu of all other City's permits and fees, to be utilized by the City to
offset its cable television related regulatory and administrative costs and to maximize
awareness and use of the public, education, and governmental access and institutional
network capacity. If the maximum franchise fee allowed by law is greater than five {5)
percent, the City may require the higher amount. The franchise payment shall be in
addition to any other payment owed to the City by the Grantee and shall not be construed
as payment in lieu of municipal property taxes or other state, county or local taxes. The
City shall provide the Grantee written notice forty-five (45) days prior to collection of an
increased franchise fee.
D. Method of computation; interest:
Sales taxes or other taxes levied directly on a per subscription basis and collected
by the Grantee shall be deducted from the local annual gross revenues before
computation of sums due the City is made. Payments due the City under the
provisions of subsection C. above sha~l be computed quarterly as of March 31, June
30, September 30 and December 31 for the respective quarters of each year ending
on said dates and shall be paid quarterly within three (3) months after each
respective computation date at the office of the City Clerk during the City Clerk's
L. TDD. Within 180 days of the effective date of this Franchise, Franchisee
shall install a TDD machine to receive consumer messages from the hearing impaired.
M. Repair Calls. Franchisee shall offer subscribers repair service appointments
in two hour windows. The Franchisee shall telephone the subscriber prior to arriving
for a repair call. Franchisee will conduct repair calls on weekdays and Saturdays.
N. Installation. Subscriber service shall be installed within seven days of a
request during normal operating conditions.
O. Administrative Fee and Disconnects. Administrative fees are charged on
any accounts which have not been paid prior to the next billing cycle. Disconnection
of accounts due to non-payment occurs no sooner than after 45 days of due date.
P. Subsoriber Bill. Company shall include its name, address, and telephone
number on the subscriber bill and the portion of the bill retained by the subscriber.
XIV.
NON-DISCRIMINATION.
Franchisee agrees that it shall not discriminate in providing service to the public
nor against any employee or applicant for employment because of race, color, creed,
religion, sex, disability, national origin, gender identity, age, sexual orientation, or
marital status. In the employment of persons, Franchisee shall fully comply with
applicable local, state and federal law, and shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, disability, national origin, age, sexual
orientation, or marital status.
XV, RATES.
The City shall have the ability to regulate rates in accordance with Federal law.
XVl. FRANCHISE RENEWAL.
Subject to Section 626 of the Cable Television Consumer Protection and
Competition Act of 1992, as amended, this Franchise may be renewed by the City in
accordance with the Ordinance.
15
43
requested by the City. A Grantee shall not place poles or other equipment where they will
interfere with the rights or reasonable convenience of adjoining property owners or with
any gas, electric or telephone fixtures or with any water hydrants or mains. All poles or
other fixtures placed in a street shall be placed in the right-of-way between the roadway
and the property, as specified by the City.
Method of installation: All wires, cables, amplifiers, and other property shall be
constructed and installed in an orderly manner consistent with the trade. All cables and
wires shall be installed parallel with existing telephone and electric wires whenever
possible. Multiple cable configurations shall be arranged in a parallel and bundled, with
due respect for engineering and safety considerations. All installations shall be
underground in those areas of the City where public utilities providing telephone and
electric service are underground at the time of installation. All underground installations
of wires and cable shall be buried at least twelve (12) inches below ground, and no
trenching or other underground installation shall be commenced without notice to the City
Forester. All underground installation shall be performed in compliance with City Forester
directions.
Protection of facib'ties: Nothing contained in this section shall relieve any person,
company or corporation from liability arising out of the failure to exercise reasonable care
to avoid injuring the Grantee's facilities while performing any work connected with
grading, regrading or changing the line of any street or public place or with the
construction or reconstruction of any sewer or water system. Any person, company or
corporation intending to perform any of the above-described work in an area where
Grantee's facilities are located shall notify Grantee at least twenty-four (24) hours prior
to performing said work.
Requests for removal or change: The Grantee shall, on the request of any person holding
a building moving permit, temporarily raise or lower its wires to permit the moving of said
building. The expense of such temporary removal, raising or lowering of wires shall be
paid by the person requesting the same, and the Grantee shall have the authority to
require such payment in advance. The Grantee shall be given not less than ten (10)
working days' notice of any move contemplated to arrange for temporary wire changes.
Authority to trim trees: The Grantee may trim trees upon and overhanging streets, alleys,
sidewalks and other public places of the City so as to prevent the branches of such trees
from coming in contact with the wires and cables of the Grantee. No trimming shall be
done except under the supervision and direction of the City Forester, upon the explicit
prior written notification and approval of the City Forester and at the expense of the
Grantee. The Grantee may contract for such services; however, any firm or individual so
retained shall receive City Forester approval prior to commencing such activity.
Restoration or reimbursement: In the event of disturbance of any street or private
property by the Grantee, it shall, at its own expense and in a manner approved by the
City and the owner, replace and restore such street or private property in as good a
condition as before the work causing such disturbance was done. In the event the
Grantee fails to perform such replacement or restoration, the City or the owner shall have
the right to do so as the sole expense of the Grantee. Payment to the City or owner for
such replacement or restoration shall be immediate, upon demand, by the Grantee. All
41
Sec. 12-4-26: Construction reporting requirements.
Progress reports: Within thirty (30) days of the granting of a franchise pursuant to this
ordinance, the Grantee shall provide the City with a written progress report detailing work
completed to date and a schedule for completion of construction. Such report shall
include a description of the progress in applying for any necessary agreements, licenses,
or certifications and any other information the Cable Television Administrator may deem
necessary. The content and format of the report will be determined by the Cable
Television Administrator and may be modified at the Administrator's discretion.
Timeframe for reports: Such written progress reports shall be submitted to the City on
a bimonthly basis throughout the entire construction or rebuild process. The Cable
Television Administrator may require more frequent reporting if the Administrator
determines it is necessary to better monitor the Grantee's progress.
Subscriber information: Prior to the commencement of any major system construction,
the Grantee shall produce an informational document to be distributed to all residents of
the area to be under construction, which shall describe the activity that will be taking
place. The informational document shall be reviewed by the Cable Television Administra-
tor prior to its distribution.
Sec, 12-4-27: Channels to be provided.
Leased access channel: The Grantee shall maintain at least one specifically designated
channel for leased access uses. In addition, other portions of its nonbroadcast
bandwidth, including unused portions of the specifically designated channels, shall be
available for leased uses. On at least one of the leased channels, priority shall be given
to part-time users.
Television broadcast signal carriage: The Grantee shall carry those television broadcast
signals which are in accordance with Part 76, Section 76,63 of the FCC Rules and
Regulations as such rules are amended from time to time. The provision of additional
television broadcast signals as provided for in Part 76, Section 76.63(a) shall also be
required as amended from time to time.
Basic service: Channels to be included on the first tier of service not requiring a converter
or other appurtenance shall include: all television signals described in subsections A., B.
and D. of this section, As the maximized use of the total channel capacity is of great
interest to the City, applicants for a franchise hereunder may submit proposals to utilize
channels beyond the basic service. Such a proposal may include the use of convertors
at no additional charge to subscribers.
Access channels: Grantee shall provide the public, educational and governmental access
channels as specified in the franchise. The entities operating access channels shall, in
cooperation with the Broadband Telecommunications Commission, develop rules for such
channels. Such rules shall be placed on file with the City Clerk.
9
Conduct evaluations of the system at least every three (3) years with the Grantee
and, pursuant thereto, make recommendations to the Council concerning system
improvements and amendments to this ordinance or any franchise agreement.
Establish and administer sanctions as authorized by the City Council to insure
compliance with this ordinance.
To make recommendations to the Grantee of the cable television system and to the
educational and governmental users of the educational and governmental access
channels.
10. To insure that the Grantee makes the public access channel available to all residents
of the City on a nondiscriminatory basis.
1 1. To assure that the operation of the public access channel be free of program
censorship and control.
1 2. Cooperate with the entities operating access channels as those entities develop
rules for such channels.
13.
To perform such other duties and functions relative to public access channels as
may be appropriate in order to maximize its use among the widest range of
individuals, institutions and other organizations within the City. This shall include
recommendations to the City Council for utilization of the annual franchise payment.
Rules and regulations: The Broadband Telecommunications Commission shall adopt such
rules and regulations as are necessary to carry out its functions and to insure that due
notice is given to all parties concerning any hearing on any complaints to said Broadband
Telecommunications Commission and the hearings are held promptly in accordance with
reasonable notice to all parties. The Broadband Telecommunications Commission shall
also have such powers to include the election of its own officers.
Sec. 12-4-4: Regulatory jurisdiction and procedures.
Continuing regulatory jurisdiction: The City shall have continuing regulatory jurisdiction
and supervision over the operation of any franchise granted hereunder and may from time
to time adopt such reasonable rules and regulations as it may deem necessary for the
conduct of the business contemplated thereunder. Provided, however, such exercise of
rights or powers subsequent to the effective date of a franchise will not impair the rights
of the Grantee thereunder, and if locally imposed, place an undue financial burden on
such Grantee.
B. Regulatory procedures:
The Broadband Telecommunications Commission shall consider any inquiry or
proceeding, excluding those described in Paragraphs 2 and 3 below, requiring City
Council action to be taken in regard to the cable television system or franchise,
whether upon application or request by the Grantee or any other party or on its own
motion and shall submit such consideration, together with the Broadband
City of iowa City
MEMORANDUM
Date:
November 3, 1995
To:
From:
Re:
City Council
Dale Helling, Assistant City Manager
Cable Access Programming
Much discussion is occurring with regard to the cable franchise, especially about access channels
and community programming. I know that we throw terms around fairly loosely, sometimes
without giving thought to those who do not work with these concepts on a daily basis and who
may not clearly understand the distinctions between local access, public access, government
access, community programming, etc. Different individuals may define these terms in slightly
different ways. However, from the perspective of what we are trying to accomplish in the context
of the franchise and local cable programming, perhaps the following will be of assistance to you.
"Access" or "Local Access" refers to any form of getting into the local cable system to provide
some type of programming originating here in the community. It may include live programming,
a program taped earlier for cablecasting one or more times, or "imported" tapes from sources
outside the community which are of community interest.
"Access Channels" or "Local Access Channels" are those channels reserved for local access
programming and made available to various organizations/entities by the frenchising authority for
that purpose, There are currently five reserved local access channels in the Iowa City system.
Channel 2, "Public Access" provides for access by the general public in some form. It
ranges from such things as open forums or discussion of local issues, to programs or
series produced or supplied by local citizens, to programming of public events. This is the
function currently assumed by PATV as provided in the agreement with the City and the
cable company. PATV currently receives funding (approximately $149,000 this year) by
virtue of a three-party agreement (City, PATV, Cablevision VII, Inc.) and provides access
services to the public including equipment, training, and channel time. PATV also does
a limited amount of production for other entities.
Channel 4, "Government Access" provides for access by the local government and
affiliated departments and divisions, etc. This channel is controlled by the City Cable
Division and programming ranges from City Council meetings, to Senior Center
programming, to informational programming. InfoVision, the interactive information
service, is a feature of the government access channel and is provided through the City
cable division.
Channel 8, "University of Iowa Access" provides for programming by the University of Iowa
and ranges from live or taped lectures, to health-related programs from University
Hospitals, to SCOLA.
2
Channel 10, "Library Access" is programming from the Iowa City Public Library ranging
from story hours, to various library functions/features, to cablecasting events taking place
in the main meeting room at the Library. The Library budget supports this function, with
some funding annually from the City's franchise fee revenue.
Channel 11, "Educational Access" provides for access reserved for the educational
community, primarily the Iowa City Community School District. School Board meetings
are cablecast on this channel. The District currently contracts with Kirkwood Community
College to provide some programming on this channel as well.
Community Programming is a term which describes the programming of community events for
cablecasting. These events can range broadly from festive events (Jazz Fest, Independence Day
Parade, etc.), to political forums, to public entertainment or sporting events, to cultural events of
a public nature, all of which can be recorded and made available to the entire community through
the cable television medium. An often (though not always) distinguishing characteristic of
community programming is that it is produced or recorded by employees or volunteers who are
not associated with the sponsorship or production of the specific event, but who wish to record
that event for the purpose of getting it on the Cable network for the benefit of the community.
Community programming is a broad concept and thus the line between it and other types of
access programming is not always clear. As these various types of programming move away
from their purest forms, there tend to be certain similarities which make it difficult, and sometimes
impossible to categorize them as one or the other. Indeed, nearly every local access entity
provides for some kind of community programming now.
The Community Needs Assessment and the Consumer Market Analysis conducted early in the
refranchising process pointed out an unmet expectation on the part of the community that more
local public events should be shown on local TV. Such events occur regularly but are not
recorded and cablecast because there are neither volunteers nor staff associated with the event
to produce them. This is not to say that none of these events find their way onto cable TV. The
City Cable Division, PATV, and the Library all do some production and programming of these
events. In negotiating for the additional funding for access, which would come as a result of the
50¢ per month pass-through revenue, the City attempted to justify the need for these funds, in
part, by committing to fulfill the unmet need of more local community programming. While we
agree with PATV that perhaps more programming can be accomplished by training citizens to do
their own production and then providing them the equipment to do so, this opportunity has existed
during the entire life of the prior franchise and has not resulted in the cablecasting of nearly as
many community events as it appears our citizens would wish. We believe it is a legitimate
function to fund community programming and provide this service when citizens or organizations
are either unable or unwilling to do so. We hope that by giving the community a greater sampling
of the potential which exists through use of the various local access channels for community
programming, our citizens will eventually wish to be more involved in ensuring that community
events or events of community interest find their way onto cable TV.
Community programming is not a substitute for public access. Pure public access is something
quite different than pure community programming. However, some public access programming
does, indeed, fall within the definition of community programming, as does some government
access programming and library access programming. Productions involving Senior Center
activities, which are largely cablecast over the Government Access Channel 4, are a good
3
example of a hybrid government programming/community programming effort. These programs
are produced largely by Senior Center volunteers, with limited assistance from paid staff, and
distributed over one or more access channels. It is one example of a service which can be
enhanced to serve a broader spectrum of the community through cable.
How we accomplish community programming, if indeed Council agrees that this will be a goal,
is something which will ultimately be a decision of Council. Available resources will have to be
allocated in a way which will best achieve this end. The language in the Franchise Agreement
and in the Ordinance makes no reference to how the funds will be allocated, nor does it
presuppose any direction in that regard. It is simply meant to give the City Council the funding
mechanism for all forms of local access and the broadest latitude over how these funds are to
be utilized over the full ten-year term of the franchise.
bitCable
City of Iowa City
MEMORANDUM
Date:
November 2, 1995
To:
From:
Re:
City Council
Dale Helling, Assistant City Manager
Cable TV Franchise Renewal
Attached is a copy of an excerpt from the transcript of your October 24, 1995, meeting
which includes comments made during the public hearing by Jim Larew. Mayor Pro tern
Naomi Novick requested that this material be included in your agenda packet.
Attachment
biff mnch~se
#7 page 15
Susan Rogusky/ I am the volunteer specialist at the Senior Center.
In my capacity at the Center I am directly in charge of
working with the volunteers with the Senior Center Television.
As you all know we have a group of older volunteers who video
tape our in-house programs and do a special programming for
the older population and the population at large in Iowa City.
Being new kids on the block we don't get any direct money from
the franchise to run our operation. We do depend very heavily
though on support services from Channel 4 and PATV and of
course, need air time on their channel since we do not have
air time. So we do want to support the new franchise and the
emphasis on public access and hope to get a piece of the new
pie and we will talk to you about that further when the time
is right. Thank you.
Horow/ Thanks, Sue.
Vicky Grube/ I am one of the people in the community that has
benefitted tremendously from PATV as an educational vehicle.
I am an artist and I though all I could do was just draw and
build some things and then I talked to someone who said that
I could make an animation with my drawings and I had no clue
how to do this. I am not computer literate. So I went down to
PATV and there was a wealth of staff who knew how to help me
and I brought some of my drawings. I won't flip them because
they will probably fly all over the room. But I did like 147
drawing of a woman ironing and this little movie was shown in
the window of Zephyr Copy. Then it went to University of
Minnesota and was shown to a student group where it will
return there I may. I submitted to get a grant from the Iowa
Arts Council so I could make another movie of her cleaning the
whole house. And I had a show at Coo College. It was shown
there. And then to my surprise my six year old came home from
first grade and in her free time in first grade she had taken
ten sheets of paper and made an animation of a bear eating an
apple. Well, you can't really flip it but you get the idea.
And it makes me see how valuable PATV is to teach people how
to do things and then how that sky rockets and goes all over
the community and the state and the region and I just really
want to support money going to PATV as being a teaching tool
to teach people and children and older members of the
community. So, thank you.
Jim Larew/ Although I do serve as attorney and answer legal
questions for PATV, I think in some ways my views tonight may
disagree with the views of the Board and so I hope any
statements I make will be viewed as my own opinion, an opinion
Thtsreprosentsonlya teasonablyaccuratetransc~iptlon ofthelowa Citycouncil meetingof October24,1995.
F102495
#7 page 16
based on experiences that caused me to look at the franchise
from a certain perspective. Between 7-8 years ago I had the
pleasure of working with the city council's really quite
excellent attorney John Hayek representing the city when at
that time the franchisee was attempting to usurp their
contractually bound duty its predecessor and interest had had
in funding public access and they simply looked at the
agreement and said we don't have to do this and it took us an
action filed in Johnson County Court
CHANGE TAPE TO REEL 95-125 SIDE 2
Larew/ The lesson learned from that, I think, for Iowa City was,
among other things, we need to look carefully at our public
access. We have to make certain that we have a strong viable
corporation. I was among a group of five citizens that this
council appointed, volunteers who put together the non-profit
corporation that today is PATV. I think a very wise move so
that it was arm length and at some distance from the council.
So that every time a controversy over some programming issue
came up, the First Amendment was not necessarily invoked by
one party or the other and I think that arm's length entity
that you have established with city support was an excellent
move and I would hope and I understand that there is no
contemplation presently that that would be changed. It is my
view that and one important way that I made this agree with
the Board of Directors and I may be taking things too
personally. I don't think there is an implication that I read
into this proposed franchise that contemplates will dissolve.
It has a great group of volunteers who want to do their best
and are doing as well as they can under the circumstances. So
I hope your franchise would remain as it is presently written
to the extent that it contemplates. That even if there were a
success or an interest in PATV that this franchisee would not
have any cause to believe that it could cut off the funding.
If it doesn't hurt to call a spade a spade and if there are no
penalties for candor, something is missing from the discussion
here that certainly influences the nature of the negotiations
that you have been charged to conduct with this franchisee. It
would be nice to say gosh four years, great contract, let's
slap each others back and go forward. Something else really is
happening and the years since we had that initial law suit
virtually most of the federally protected rights under
statutes that cities have been eroded. A very powerful cable
national lobby combined with the national political current
has meant that cities like you have no rights once you
contract with them. There is nothing in the regulatory arena
Thisrepresents only areasonably accurate transcription ofthelowa City council meeting of October 24,1995.
F102495
#7
page 17
that is going to allow you as a controversy comes up to say
hey, look at this federal statute like we were able to do
seven years ago and look at the Cable Act of '84. If it is not
in the document, don't depend on anything. Second, you are
dealing with a very powerful corporation. TCI now holds the
franchises to all urban areas in Iowa except maybe one that I
know of. And they are not here than to do anything than serve
the public, yes, but make a lot of money and we are in an era
of consolidating power within the media industry and the way
they make money is by taking more resources out of the
community than what they put in. They are not going to put
into this community anything that they are not contractually
bound to do. They want to create goodwill but they want to
make money. That is how they live. But this is the environment
in which you have negotiated this contract. I think under the
circumstances you don't have a perfect agreement. But given
the erosion of the rights of the cities in the period of time
you have been negotiating you have done pretty darn well. I
would urge you not to be so specific that even the unintended,
dissolution of PATV, would give this corporation any cause
whatsoever to be able to interpret and look back at this when
new people will be sitting in your chair and say no, that is
not what the party intended. We only thought it was for PATV.
That that would be given what you know about the
situation but may not seem that way five years from now when
maybe the attempt at that time is to get less money rather
than more to this very important resource. I commend you at a
time when within the media there are so many fewer voices. The
typical Iowa City resident can wake up in the morning, read on
Gannett paper, walk d.t. and take out of the news stand a
second one and get the evening paper again by Gannett. Where
are the voices for citizens in this community if not in
something like public access, not a perfectly tuned instrument
in most hands of citizens. But at least one that you ought to
be providing and deserving and the fact that you have it is
because people like Johnson and others when you began to
negotiate with Hawkeye years ago even saw the possibilities.
That seven years ago when it was challenged you, your
predecessors stood up for it and if it continues it is because
you are making a statement that you want this community to be
different than others, albeit in maybe meager terms than what
your aspirations were but probably a pretty grand scale
compared to what other communities were able to secure in this
environment. Therefore I applaud what you are doing. I would
urge whatever differences you have with PATV and the earnestly
held opinions they hold to be taken seriously but maybe not in
this forum. But to respect their wishes and give them their
Thisrepresents only areasonably accurate transcription ofthelowa Citycouncil meeting of October24.1995.
F102495
#7 page 18
best possible opportunity to carry out citizen wishes in a
contract that wait and negotiate with them, giving them as
many resources as you can to make it work. And if you do it is
a great experiment and you would be commended for it and I
congratulate you on your doing your level best to negotiate
with a tiger who did not get everything he wanted and frankly
not everything the citizens of Iowa City deserve. Thank you.
Kubby/ Jim, I heard something different from the Board of PATV. I
heard them saying if you don't change the language in the
franchise agreement, you have a signed agreement between the
City of Iowa City via a resolution with the Board of PATV to
say that that specific allocation of $149,000 plus inflation
over time would go to PATV versus the government that is
splitting it up between PATV and the government channel. But
not necessarily to change the language within the agreement.
Larew/ We may have each heard something differently and to that
extent I think a letter or resolution or some statement of
good faith on your part to be followed with a negotiation that
you intend to hold via the public interest and I don't know
who speaks for whom but clearly I don't speak for that group
and so take from them what you heard to be their position. And
I would urge you to secure those kinds of understandings by
contract or some other way as opposed to changing the
ordinance or the contract. Thank you.
Allaire/ We were not talking about Public Access Television, Inc.
We were talking about public access in general which should be
supported. PATV, itself, we will work that out in contract. It
is the idea of public access.
Horow/ Okay.
Joe Tye/ And I will be very brief. I am one of the 200 producers
and probably the newest of the producers and I am here to
encourage you to support PATV. I have been very interested in
stories of courage and perseverance, particularly people in
our community here and a couple of months ago somebody said
you know, you ought to take all of these stories that you have
been learning about and develop a t.v. show and I said you
have got to be kidding. I don't know anything about t.v. That
was less than two months ago. I went through one of the
courses and now we have the Never Fear and Never Quit Show
every Thursday night and Sunday night and it was that quick
and the support that I got from the staff here was phenomenal.
I got all the encouragement, all the training I needed. I have
Th~srepres~n~s~n[y~reas~n~b~yaccu~at$transc~ipti~n~fthe~waci~yc~unci~meet~ng~f~ct~be~24~1995~
F102495
revised 10/10/95
ORDINANCE NO. 95-3697
ORDINANCE AMENDING TITLE 2, "HUMAN
RIGHTS," CITY CODE, BY AMENDING THE
SUBPOENA POWER OF THE HUMAN RIGHTS
COMMISSION, BY ADDING THE DEFINITION
OF GENDER IDENTITY, AND BY ADDING
GENDER IDENTITY AS A PROTECTED CLASS.
BE IT ORDAINED BY THE CITY COUNCIL OF
IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 2, is hereby
amended as follows:
a, Section 2-2-2J is deleted and the following
is adopted in lieu thereof:
J. Issue subpoenas and order discovery as
provided by this Section to aid in inves-
tigation of allegations of discrimination. The
subpoenas and discovery may be ordered to
the same extent and are subject to the
same limitations as subpoenas and discov-
ery in a civil action in District Court. This
Section shall be retroactive in its operation
and shall apply to complaints filed after
January 1, 1993.
Section 2-1-1, is amended to add the fol-
lowing definition of gender identity:
GENDER IDENTITY: A person's various
individual attributes, actual or perceived, in
behavior, practice or appearance, as they
are understood to be masculine and/or
feminine.
c. Sections 2-3-1{A), {B), (C), and (F)(2) are
deleted and the following are adopted in lieu
thereof:
EMPLOYMENT; EXCEPTIONS:
A. It shall be unlawful for any employer to
refuse to hire, accept, register, classify,
upgrade or refer for employment, or to
otherwise discriminate in employment
against any other person or to discharge
any employee because of age, color, creed,
disability, gender identity, marital status,
national origin, race, religion, sex or sexual
orientation.
B. It shall be unlawful for any labor organiza-
tion to refuse to admit to membership,
apprenticeship or training an applicant, to
expel any member, or to otherwise discrimi-
nate against any applicant for membership,
apprenticeship or training or any member in
the privileges, rights or benefits of such
membership, apprenticeship or training
because of age, color, creed, disability,
gender identiW, marital status, national
~'evi sed 10/10/95
Ord. No 95-3697
Page 2
origin, race, religion, SeX or sexual orienta-
tion of such applicant or member.
C. It shall be unlawful for any employer, em-
ployment agency, labor organization or the
employees or members thereof directly or
indirectly advertise or in any other manner
indicate or publicize that individuals are
unwelcome, objectionable or not solicited
for employment or membership because of
age, color, creed, disabiliw, gender identity,
marital status, national origin, race, religion,
sex or sexual orientation.
F.2. An employer or employment agency
which chooses to offer employment or
advertise for employment to only the
disabled or elderly. Any such employ-
ment or offer of employment shall not
discriminate among the disabled or
elderly on the basis of age, color,
creed, disability, gender identity, mari-
tal status, national origin, race, religion,
sex or sexual orientation.
d. Sections 2-3~2(A), (B), and (D) are deleted
and the following are adopted in lieu thereof:
PUBLIC ACCOMMODATION; EXCEPTIONS:
A. It shall be unlawful for any person to deny
any other person the full and equal enjoy-
ment of the goods, services, facilities,
privileges, advantages of any place of
public accommodation because of age,
color, creed, disability, gender identity,
marital status, national origin, race, religion,
sex or sexual orientation.
B. It shall be unlawful to directly or indirectly
advertise or in any other manner indicate or
publicize that the patronage of persons is
unwelcome, objectionable or not solicited
because of age, color, creed, disability,
gender identity, marital status, national
origin, race, religion, sex or sexual orienta-
tion.
D. Public accommodations may be designated
specifically for the elderly and disabled.
However, public accommodations may not
be restricted among the elderly and disabled
on the basis of age, color, creed, d~sability,
gender identity, marital status, national
origin, race, religion, sex or sexual orienta-
tion.
e. Sections 2-3-3(A), (B), and (C) are deleted
and the following are adopted in lieu thereof:
CREDIT TRANSACTIONS; EXCEPTIONS:
A. Consumer Credit: It shall be unlawful for
any creditor to refuse to enter into any
Ord. No. 95-3697
Page 3
consumer credit transaction or to impose
finance charges or other terms or conditions
more onerous than those regularly extended
by that creditor to consumers of similar
economic backgrounds because of age,
color. creed, disability, gender identity,
marital status, national origin, race, religion,
sex or sexual orientation.
B. Extension of Credit: it shall be unlawful for
any person authorized or licensed to do
business in this State pursuant to chapters
524, 533, 534, 536, or 536A of the Code
of Iowa, as amended, to refuse to loan or
to extend credit or to impose terms or
conditions more onerous than those regular-
ly ext ended to persons of similar economic
backgrounds because of age, color, creed,
disability, gender identity, marital status,
national origin, race, religion, sex or sexual
orientation.
C. 1. Insurance: It shall be unlawful for any
creditor to refuse to offer credit, life or
health and accident insurance because of
age, color, creed, disability, gender identity,
marital status, national origin, race, religion,
sex or sexual orientation. Refusal by a
creditor to offer credit. life or health and
accident insurance based upon the age or
physical disability of the consumer shall not
be an unfair or discriminatory practice of
such denial is based solely upon bona fide
underwriting considerations not prohibited
by title XIII, subtitle 1, Code of Iowa, as
amended.
f. Section 2-3-4(A) is deleted and the following
is adopted in lieu thereof:
EDUCATION:
A. It shall be unfair or discriminatory practice
for any educational institution to discrimi-
nate on the basis of age, color, creed,
disability, gender identity, marital status,
national origin, race, religion, sex or sexual
orientation in any program or activity. Such
discrimination practices shall include but
not be limited to the following practices:
1. Exclusion of a person or persons from
participation in, denial of the benefits
of, or subject to discrimination in any
academic, extracurricular, research,
occupational training or other program
or activity.
2. Denial of comparable opportunity in
intramural and interscholastic athletic
programs.
Ord. No. 95-3697
Page 4
3. Discrimination among persons in am*
ployment and the conditions of employ-
ment.
4. On the basis of sex, the application of
any rule concerning the actual or poten-
tial parental, family or marital status of
a person, or the exclusion of any per-
son from any program or ac',ivity or
employment because of pregnancy or
related conditions dependent upon the
physician's diagnosis and certification.
g. Sections 2-5-1(A), lB), (C), and (D) are
deleted and the following are adopted in lieu
thereof:
HOUSING; EXCEPTIONS:
It shall be an unlawful or discriminatory prac-
tice for any person to:
A. Refuse to sell, rent, lease, assign, sublease,
refuse to negotiate or to otherwise make
unavailable, or denv any real property or
housing accommodation or part, portion or
interest therein, to any person because of
the age, color, creed, disability, gender
identity, marital status, familial status,
national origin, race, religion, sex, sexual
orientation, presence or absence of depen-
dents or public assistance source of income
of that person.
B. Discriminate against any other person in the
terms, conditions or privileges of any real
estate transaction because of age, color,
creed, disability, gender identity, marital
status, familial status, national origin, race,
religion, sex, sexual orientation, presence or
absence of dependents or public assistance
source of income.
C, Directly or indirectly advertise, or in any
other manner indicate or publicize in any
real estate transaction that any person is
not welcome or not solicited because of
age, color, creed, disability, gender identity,
marital status, familial status, national
origin, race, religion, sex, sexual orienta-
tion, presence or absence of dependants or
public assistance source of income.
D. Discriminate against the lessee or purchaser
of any real property or housing accommoda-
tion or part, portion or interest of the real
property or housing accommodation, or
against any prospective lessee or purchaser
of the property or accommodation because
of age, color, creed, disability, gender
identity, marital status, familial status,
national origin, race, religion, sex, sexual
Ord. No. 95-3697
Page 5
orientation, presence or absence of depen-
dents, or public assistance source of in-
come of persons who may from time to
time be present in or on the lessee's or
owner's premises for lawful purposes at the
invitation of the lessee or owner as friends,
guests, visitors, relatives or in any similar
capacity.
h. Section 2-5-2(H) is deleted and the follow-
ing is adopted in lieu thereof:
H. Housing accommodations may be designat-
ed specifically for the elderly and/or dis-
abled. However, such housing accommoda-
tions may not otherwise be restricted
among the elderly and/or disabled on the
basis of age, color, creed, disability, gender
identity, marital status, familial status,
national origin, race, religion, sex, sexual
orientation, public assistance source of
income, or presence or absence of depen-
dents, provided any such dependents meet
the definitions of "elderly" or "disabled" as
provided herein. Designations of such re-
strictions shall be made part of any rental
property on file with the City of Iowa City.
Designations shall be in writing on forms
provided by the City and shall be in effect
until changed, but shall apply for a mini-
mum period of one year.
i. Sections 2-5-3(A), {B), (F), and (H! ale
deleted and the following are adopted in lieu
thereof:
ADDITIONAL UNFAIR OR DISCRIMINATORY
PRACTICES:
A. A person shall not induce or attempt to
induce another person to sell or rent a
dwelling by representations regarding the
entry or prospective entry into a neighbor-
hood of a person of a particular age, color,
creed, disability, gender identity, marital
status, familial status, national origin, race,
religion, sex, sexual orientation, presence or
absence of dependents, or public assistance
source of income.
B. A person shall not represent to a person of
a particular age, color, creed, disability,
gender identity, marital status, familial
status, national origin, race, religion, sex,
sexual orientation, presence or absence of
dependents, or public assistance source of
income that a dwelling is not available for
inspection, sale or rental when the dwelling
is available for inspection, sale or rental.
Ord. No. 95-3697
Page 6
F. A person whose business includes engaging
in residential real estate related transactions
shall not discriminate against a parson in
making a residential real estate related
transaction available or in terms of condi-
tions of a residential real estate related
transaction because of age, color, creed,
disabiliW, gender identity, marital status,
familial status, national origin, race, religion,
sex, sexual orientation, presence or ab-
sence of dependents or public assistance
source of income.
H. A person shall not deny another person
access to, or membership or participation in
a multiple-listing service, real estate
brokers' organization or other service,
organization or facility related to the busi-
ness of selling or renting dwellings, or
discriminate against a person in terms or
conditions of access, membership or partici-
pation in such organization because of age,
color, creed, disability, gender identity,
marital status, familial status, national
origin, race, religion, sex, sexual orienta-
tion, presence or absence of dependents or
public assistance source of income.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sion 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 Ordinance
shall be in effect after its final passage, approv-
al and publication, as provided b,/law.
Passed and approved this 7th day of
November, 1995,
OR .... ,
Ordinance No. 95-3697
Page 7
It was moved by Kubby and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Pigott
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmor~on
that the Ordinance
First Consideration 10/10/95
Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman,
Novick, Pigott.
Second Consideration
Vote for passage: AYES: Lehman, Novick, Pigott, Throgmorton,
Baker, Horowitz, Kubby. NAYS: None. ABSENT: None.
Date published