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Home My WebLink About1995-12-19 OrdinanceORDINANCE NO. 95-3701 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE J, ENTITLED "OVERLAY ZONES," TO REPEAL SECTION 14- 6J-1, ENTITLED "RIVER CORRIDOR OVERLAY ZONE (ORC}," AND CREATE A NEW SECTION 14-6J-1, ENTITLED "SENSITIVE AREAS OVER- LAY ZONE (OSA)." WHEREAS, The River Corridor Overlay Zone requires a 30-f0ot setback of structures from the floodway or the top of bank only along the Iowa River; and WHEREAS, the Sensitive Areas Ordinance (Section 14-6K-1) contains provisions for protecting stream corridors throughout Iowa City; and WHEREAS, the Sensitive Areas Ordinance stream corridor buffer requirements are more extensive and apply more broadly to different- sized waterways than the existing River Corri- dor Overlay Zone regulations; and WHEREAS, the stream corridors section of the Sensitive Areas Ordinance requires a natu- ral buffer between any development activities and protected stream corridors; and WHEREAS, repeal of the River Corridor Overlay Zone will remove inconsistencies within the Zoning Chapter, and allow more stringent regulations related to stream corridor protection to prevail; and WHEREAS, it is desirable to reference the Sensitive Areas Overlay Zone {OSA) in the overlay zone section of the Zoning Chapter. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Chapter 6, entitled "Zoning Chapter," Article J, entitled "Overlay Zones," Section 1, entitled "River Corridor Overlay Zone," is hereby repealed in its entire- ty, end in lieu thereof a new Section 14-6J-1, "Sensitive Areas Overlay Zone," is hereby created and enacted as follows: 14-6J-1, Sensitive Areas OverMy Zone (OSA): A Sensitive Areas Overlay rezoning may be required for properties containing environmentally sensitive features such as wetlands; woodlands two acres in size or greater. where other sensitive features exist on the site; critical slopes (25-39%) and/or pro- tected slopes (40%). The definitions, proce- dures, requirements and exemptions for the Ordinance No. 95-3701 Page 2 Sensitive Areas Overlay Zone are set forth in this Chapter in Article K, entitled "Environmen- tal Regulations," Section 1, entitled "Sensitive Areas Ordinance." Review and approval of a Sensitive Areas Overlay rezoning shall be in accordance with the procedures and regula- tions governing Planned Development Housing Overlay rezonings, as specified in Section 2D of this Article. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19~;h. day of December , 19 9~ · MAYOR ATTEST: ~ CiTY CL'E-RK Ordinance No, 95-3701 Page 3 It was moved by Nov:l. ek and seconded by as read be adopted, and upon roll call there were: Lehman AYES: NAYS: - ABSENT: Baker Horowitz Kubby Lehman Novick Pigoft Throgmorton that the Ordinance First Consideration ~ 2/5/95 Vote for passage: AYES: Lehman, Novtck, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration ...................... Vote for passage: Date published 12/27/95 Moved by Novick, secondedb~ubby, that the rule requiring ordinances to be considered and ~oted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmorton, Baker,Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. ORDINANCE NO. 95-3702 ORDINANCE AIVIENDING TITLE 14, CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE H, ENTITLED "SITE PLAN REVIEW," SECTION 2, ENTITLED "SITE PLANS REQUIRED; EXEMPTIONS," TO ADD A REFER- ENCE TO THE SENSITIVE AREAS SITE PLAN. WHEREAS, the Sensitive Areas Ordinance relies on site plan review of a Sensitive Areas Site Plan as the administrative mechanism to protect sensitive features, including woodlands two acres in size or greater, when no other sensitive features exist on the site; fully hydric soils; prairie remnants one acre in area or larger; stream corridors; archaeological sites; and/or steep slopes {18~24%); and WHEREAS, the procedures for administering Sensitive Areas Site Plans will be the same procedures set forth in City Code Section 14- 5H, that are used to administer the standard Site Plan Review process; and WHEREAS, it is desirable in terms of public notice and understanding of the Sensitive Areas Ordinance requirements to reference the Sensitive Areas Site Plan in the Site Plan Re- view section of the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Title 14, Chapter 5, entitled "Building and Housing," Article H. entitled "Site Plan Review," Section 2, entitled "Site Plans Required; Exemptions," ~s hereby amended by adding a new subsection 14-SH- 2D as follows: D. Sensitive Areas Site Plans may be required for properties containing environmentally sensitive features, such as woodlands two acres in size or greater when no other sensi- tive features exist on the site; fully hydric soils; prairie remnants one acre in area or larger; stream corridors; archaeological sites; and/or steep slopes (18-24%i. The definitions, requirements and exemptions for Sensitive Areas Site Plans are set forth in Section 14~6K-1, entitled "Sensitive Areas 0rdinance." Review and approval of Sensi- tive Areas Site Plans shall be in accordance with the procedures set forth in the Site Plan Review regulations, as specified in subsections 3, and 6 through 8 of this Article, Ordinance No. 95-3702 Page 2 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION 111. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of December ,19 95 . City A orney fi~'~ ~<~- Ordinance No. 95-3702 Page 3 It was moved by Novick and seconded by as read be adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration 12/5/95 Vote for passage: AYES: Novick, Kubby, Lehman. NAYS: None. ABSENT: Pigott, Throgmorton, Baker, Horowitz, None. Second Consideration ................... Vote for passage: Date published 12/27/95 Moved by Novick, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second considerationand vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmorton, Baker, Horowi Kubby, Lehman, Novick. NAYS: None. ABSENT: None. ORDINANCE NO. 95-3703 AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, BUILDING AND HOUSING, ARTICLE I, GRADING ORDINANCE, TO MAKE IT CONSISTENT WITH THE SENSITIVE AREAS ORDINANCE. WHEREAS, the Sensitive Areas Ordinance includes definitions for steep and critical slopes that differ from those contained in the Grading Ordinance; and WHEREAS, the Sensitive Areas Ordinance defines a critical slope as having a slope of 25% or steeper, and requires submittal of a grading plan for critical slopes; and WHEREAS, the Grading Ordinance currently requires a grading plan to be submitted for slopes greater than 28.5%; and WHEREAS, amending the Grading Ordinance to require a grading plan on those slopes with a grade of 25% or steeper will make the two ordinances consistent. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 5, Article I, Section 3, entitled "Definitions", is hereby amended to revise the following definitions: ENGINEERED GRADING: Grading of five hundred (500) cubic yards or more and requires the services of a civil engineer to prepare and certify a grading plan and to inspect and certify the work completed. REGULAR GRADING: Grading involving less than five hundred (500) cubic yards which does not require the services of a civil engineer. STEEP SLOPE: Property on which the natural terrain is at a slope of 25% (four horizontal to one vertical) 4:1 or steeper. Title 14, Chapter 5, Article I, Section 4, entitled "Grading Permit Required", Subsection A, is hereby amended to read as follows: A. Property on which the natural terrain is at a horizontal to vertical slope of four horizontal to one vertical (25%) or steeper and having a vertical height exceeding ten feet (10');or Title 14, Chapter 5, Article I, Section 5, entitled "Grading Permit Requirements", Subsection D, is hereby amended to read as follows: Ordinance No. 95-3703 Page 2 Grading Designation: All grading of five hundred (500) cubic yards or more shall be performed in accordance with the approved grading plan prepared by a civil engineer and shall be designated as "engineered grading". Grading involving less than five hundred (500) cubic yards shall be designated "regular grading" unless the permittee, with the approval of the Building Official, chooses to have the grading performed as "engineered grading" or the Building Official required "engineered grading" pursuant to Subsection G of this Section. Title 14, Chapter 5, Article I, Section 10, entitled "Tree Protection", is hereby amended to read as follows: Trees that are to be retained shall be protected from injury during any grading work. Woodland and tree protection measures shall be shown on the grading plan and should comply with the Iowa City Tree Protection Guidelines. Title 14, Chapter 5, Article I, Section 12, entitled "Erosion Control", is hereby amended to read as follows: Erosion control measures shall be designed in conformance with the standards found in the Iowa Construction Site Erosion Control Manual. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 95-3703 Page 3 Passed and approved this19th day of December ,1 9 95 Ordinance No. 95-3703 Page 4 Itwas moved by Novick and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. Second Consideration ...................... Vote for passage: Date published 12/27/95 Moved by Novick, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmo~ton. Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. ORDINANCE NO. 95-3704 AN ORDINANCE AMENDING TITLE 6, ENTI- TLED "PUBLIC HEALTH AND SAFETY," CHAP- TER 3, ENTITLED "WEED CONTROL," SEC- TION 3, ENTITLED "NATURAL AREAS," TO MAKE IT CONSISTENT WITH CITY CODE SECTION 14-6K-1, THE SENSITIVE AREAS ORDINANCE WHEREAS, stream corridors and associated buffer areas when left in a natural state provide flood hazard reduction, reduce soil erosion, contribute to clean air and water, provide wildlife habitat, promote climate moderation and can serve as effective education areas; and WHEREAS, natural buffer areas serve to protect these same values of wetlands and woodland areas that are to be preserved; and WHEREAS, natural buffer areas adjacent to steep slopes can minimize flooding, landslides, soil instability and soil erosion; and WHEREAS, the City Code Section 14.6K-1, Sensitive Areas Ordinance, requires the reten- tion and maintenance of undisturbed, natural buffers to protect stream corridors, wetlands, woodlands and steep slopes from the detrimen- tal impacts of urban development; and WHEREAS, mowing requirements of the Weed Control Ordinance are in conflict with the intent of the Sensitive Areas Ordinance to preserve natural buffer areas adjacent to streams, wetlands, woodlands and steep slopes; and WHEREAS, amending the Weed Control Ordinance to allow protected sensitive areas and their buffers to automatically be considered a natural area will alleviate the potential conflict between the Weed Control Ordinance and the Sensitive Areas Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION [. AMENDMENT. Title 6, Chapter 3, Section 3, entitled "Natural Areas," of the City Code is hereby amended by repealing subsec- tion 6-3-3A, and adding a new subsection 6-3- 3A to read as follows: Designation of Natural Areas: 1. The Weed Official, upon application of the owner or person in possession or control of any land, may designate such land or portion thereof as s rmtu- Ordinance No. 95-3704 Page 2 ral or conservation area. Prior to desig- nating such area, the Weed Official shall consider the following factors: grade and incline of said land, the diffi- culty to control or maintain such land, whether said land is being maintained as either a soil erosion control area or a conservation area. Any person affect- ed by the designation or lack thereof may appeal said determination to the City Manager or designee. 2. Any protected sensitive area and asso- ciated buffer designated on an approved Sensitive Areas Site Plan or Sensitive Areas Development Plan under the provisions of the Sensitive Areas Ordinance {Section 14-6K-1) shall be considered a natural area. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILiTY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of December ,1 9_9_.5__- Ordinance No. 95-3704 Page 3 It was moved by Novic~ and eeconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration ! 2/5/95 Vote for passage: ^YES: Thro§morton, Baker,Horowitz, Kubby, [,ehman, Novick, Pi§ott. N^¥S: None. ABSENT: None. Second Consideration ..................... Vote for passage: Date published 12/27/95 Moved by Novtck, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at th~s time. AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. ORDINANCE NO. 95-3705 ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," CONCERN- ING ADULT DAY CARE, ELDER FAMILY HOMES, ELDER GROUP HOMES, AND THE DEFINITION OF ELDER. WHEREAS, the number of older persons is increasing in Iowa City; and WHEREAS, older persons typically require more assistive, personal care than the rest of the adult population; and WHEREAS, the City of Iowa City recognizes the value of allowing for more affordable, less institutional alternative respite care and residen- tial arrangements for older adults. NOW, THEREFORE, BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. A. Title 14, Chapter 6, entitled "Zoning," Article B. Section 2, entitled "Definitions," is hereby amended by repealing the defini- tion of "ELDERLY" in its entirety and by adding the following definitions: ADULT DAY CARE An organized pro- gram of short-term supportive day care in a group environment for adults who need supervision, assistance or both. Services may include, but shall not be limited to nursing and rehabilitative services, personal care, transportation services, social or recreational activities and preventative or restorative services. ELDER A person sixty {60) years of age or older. ELDER FAMILY HOME A private household owned by a responsible party offering a social living arrangement for at least two (2), but for no more than eight (8) persons living in the residence, the maiority of whom are elders, who are not related and who are not able or willing to adequately maintain themselves in an independent living arrangement, but who are essentially capable of physical self-care. ELDER GROUP HOME A single-family residence that is the residence of a person who is providing room, board and personal care for up to five (5) elders who are not related to the caregiver. Personal care in this case means assistance with the essen- tial activities of daily living which the recipi- ent can perform personally only with diffi- culty, and may include bathing, personal hygiene, (~ressing, grooming and the super- vision of self-administered medications, but does not include the administration of medications. An elder group home shall be Ordinance No. 95-3705 Page 2 certified by the Iowa Department of Eider Affairs and shall comply with the Iowa Code regulations for elder group homes. B. Title 14, Chapter 6, Article D, Section 1, entitled "Rural Residential Zone (RR-1)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 5. Elder family home. 6. Elder group home. C. Title 14, Chapter 6, Article D, Section 2, entitled "Low Density Single-Family Resi- dential Zone (RS-5)," is hereby amended by adding to Subsection C, entitled "Provision- al Uses," as follows: 4. Elder family home. 5. Elder group home. D. Title 14, Chapter 6, Article D, Section 3, entitled "Medium Density Single-Family Residential Zone {RS-8)," is hereby amend- ed: 1) by adding to Subsection C, entitled "Provisional Uses," as follows: 6. Elder family home. 7. Elder group home. 2) by adding to Subsection D, entitled "Special Exceptions," as follows: 4. Adult day care, subject to the re- quirements of Article L of this Chapter. E. Title 14, Chapter 6, Article D, Section 4, ent,tled "High DensiW Single-Family Resi- dential Zone (RS-12)," is hereby amended: 1) by adding to Subsection C, entitled "Provisional Uses," as follows: 5. Elder family home. 6. Elder group home. 2) by adding to Subsection D, entitled "Special Exceptions," as follows: 5. Adult day care, subject to the re- quirements of Article L of this Chapter. F. Title 14, Chapter 6, Article D, Section 5, entitled "Neighborhood Conservation Resi- dential Zone (RNC-12)," is hereby amend- ed: 1) by adding to Subsection C, entitled "Provisional Uses," as follows: 6. Elder family home. 7. Elder group home. 2) by adding to Subsection D, entitled "Special Exceptions," as follows: Adult day care, subject to the re- quirements of Article L of this Chapter. Ordinance No. 95-3705 Page 3 G. Title 14, Chapter 6, Article D, Section 6, entitled "Factory-Built Housing Residential Zone (RFBH)," is hereby amended: 1) by adding to Subsection C, entitled "Provisional Uses," as follows: 4. Elder family home. 5. Elder group home. 2) by adding to Subsection D, entitled "Special Exceptions," as follows: 6. Adult day care, subject to the re- quirements of Article L of this Chapter. H. Title 14, Chapter 6, Article D, Section 7, entitled "Low Density Multi-Family Residen- tial Zone (RM-12)," is herebv amended: 1) by adding to Subsection C, entitled "Provisional Uses," as follows: 6. Elder family home. 7. Elder group home. 2) by adding to Subsection D, entitled "Special Exceptions," as follows: 10. Adult day care, subject to the re- quirements of Article L of this Chapter. I. Title 14, Chapter 6, Article D, Section 8, entitled "Medium Density Multi-Family Residential Zone (RM-20)," is hereby amended by adding to Subsection C, enti- tled "Provisional Uses," as follows: 12. Adult day care, subject to the requirements of Article L of this Chapter. 13.Elder family home. 14.Elder group home. J. Title 14, Chapte= 6, Article D, Section 9, entitled "Neighborhood Conservation Resi- dential Zone (RNC-20)," is hereby amended by adding to Subsection C, entitled "Provi- sional Uses," as follows: 9. Adult day care, subject to the require- ments of Article L of this Chapter. 10. Elder family home. 11. Elder group home. K. Title 14, Chapter 6, Article D, Section 10, entitled "High Density Multi-Family Residen- tial Zone (RM-44)," is hereby amended by adding to Subsection C, entitled "Provision- al Uses," as follows: 6. Adult day care, subject to the require- ments of Article L of this Chapter. 7.Elder family home. 8.Elder group home. L. Title 14, Chapter 6, Article D, Section 11, entitled "Planned High Density Multi~Family Residential Zone (PRM)," is hereby amend- Ordinance No. 95-3705 Page 4 ed by adding to Subsection C, entitled "Provisional Uses," as follows: 6. Adult day care, subject to the require- ments of Article L of this Chapter. 7. Elder family home. 8. Elder group home. M. Title 14, Chapter 6, Article D, Section 12, entitled "Residential/Office Zone (R/O)," is hereby amended: 1) by adding to Subsection C, entitled "Provisional Uses," as follows: 7. Elder family home. 8. Elder group home. 2) by adding to Subsection D, entitled "Special Exceptions," as follows: 11. Adult day care, subject to the re- quirements of Article L of this Chapter. N. Title 14, Chapter 6, Article E, Section 1, entitled "Commercial Office Zone (C0-1)," is hereby amended by adding to Subsection C, "Provisional Uses," as follows: 3. Adult day care, subject to the require- ments of Article L of this Chapter. O. Title 14, Chapter 6, Article E, Section 2, entitled "Neighborhood Commercial Zone (CN-1)," is hereby amended by adding to Subsection D, entitled "Special Exceptions," as follows: 8. Adult day care, subject to the require- ments of Article L of this Chapter. P. Title 14, Chapter 6, Article E, Section 5, entitled "Community Commercial Zone (CC- 2)," is hereby amended by adding to Sub- section C, entitled "Provisional Uses," as follows: 2. Adult day care, subject to the require- ments of Artrole Lof this Chapter. Q. Title 14, Chapter 6, Article E, Section 6, entitled "Central Business Service Zone (CB-2)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 3. Adult day care, subject to the require- ments of Article L of this Chapter. R. Title 14, Chapter 6, Article E, Section 7, entitled "Central Business Support Zone (CB.5),° is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 3. Adult day care, subject to the require- ments of Article L of this Chapter. S. Title 14, Chapter 6, Article E, Section 8, entitled "Central Business Zone (CB-10)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: Ordinance No. 95-3705 Page 5 Adult day care, subject to the require- ments of Article L of this Chapter. T. Title 14, Chapter 6, Article F, entitled "Research Development Park Zone," is hereby amended by adding to Subsection 4, entitled "Special Exceptions," as fol- lows: G. Adult day care, subject to the require- merits of Article L of this Chapter. U. Title 14, Chapter 6, Article N, Section 1, Subsection J, entitled "Required Number of Off-Street Parking Spaces," is hereby amended by adding to Subsection 1, enti- tled "Residential Uses," as follows: k. Elder family housing Where permitted Two {2) parking spaces for each dwell. ing unit. Elder group housing Where permitted Two {2) parking spaces for each dwell- ing unit. V. Title 14, Chapter 6, Article N, Section 1, Subsection J, entitled "Required Number of Off-Street Parking Spaces," is hereby amended bv adding to Subsection z~, enti- tled "Institutional Uses," as follows: g. Adult day care Where permitted One parking space, which may be located on a regularly constructed aisle, for each six (6) adult day care partici- pants. W. Title 14, Chapter 6, Article L, Section 1 is hereby amended by adding a new subsec- tion Q, as follows: Q. Adult Day Care: 1. Adult day care facilities providing care to six 16) or more adults shall have access to arterial or collector streets, or tO a street with paving wider than twenty-eight feet (28'). 2. New facilities intended to provide adult day care to six (6) or more adults shall be compatible in scale and design to the surrounding built environment. 3. When co-located in a facility hous- ing other services, each adult day care facility shall have its own separate identifiable space for program activities during opera- tional hours. A rain!mum of sixty (60) square feet of floor area for program Ordinance No. 95-3705 Page 6 activities shall be available for each participant in the adult day care facility. However, the floor area available for program activi- ties for each adult day care partic- ipant, who uses ambulatory aids, shall be eighty (80) square feet. The floor area calculation shall exclude reception areas, storage areas, offices, restrooms, pas- sageways, treatment rooms, service areas, or specialized areas used for therapy, Dining and kitchen areas are to be included in the square footage calculation only if used by adult day care participants for activities other than meals. 5. There shall be a minimum of one {1) restroom accessible to persons with disabilities per ten (10) adult day care participants. Facilities serving persons who use ambula- tory aids should provide at least one {1) restroom accessible to persons with disabilities for each eight (8) participants. 6. The adult day care operation and maintenance shall meat all appli- cable State requirements. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shaft be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of December ,19 95 CiTY CLERK Ordlnance No. 95-3705 Page 7 It was moved by Novick and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Lehman x Baker x Horowitz x Kubby x Lehman . .x Novick X Pigott x Throgrnorton that the Ordinance First Consideration 12 / 5/~)~ Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 12/27/95 Moved by Novick, seconded by Kubby, that the rule requiring ordinance~ to be considered and voted on for oassage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmortor Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. ORDINANCE NO. 95-3706 ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING" TO REQUIRE BICYCLE PARKING FOR MULTI-FAMILY RESI- DENTIAL AND COMMERCIAL USES. WHEREAS, it is City policy to encourage the use of bicycles as a means of transportation; and WHEREAS, safe and convenient bicycle perking located at both residences and com- mercial establishments is necessary to encour- age the increased use of bicycles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENTS. A. Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking end Loading," Section I entitled "Off-Street Parking Requirements," Subsection B, enti- tled "Construction, Design and Location Requirements," Subsection 1, entitled "Con- struction," is hereby amended to read as follows: 1. Construction: All parking and stacking spaces, drives and aisles, and bicycle parking areas shall be constructed of asphaltic cement concrete, Portland ce- ment concrete or manufactured paving materials, such as brick, except for drives and aisles serving single-family dwellings or duplexes which abut and ac- cess Woodlawn Avenue or a non-hard surface alley. The City Building Official may permit materials other than aspbaltic cement concrete, Portland cement con- crete or manufactured paving materials such as brick, but excluding crushed rock or chipseal surfaces, for parking areas and drives if the resultant paving provides a similar, durable, permanent hard surface. The City Building Official may permit the use of rock or gravel areas for bicycle parking, provided that edging materials, such as landscape timbers, are used so that the bicycle parking area is clearly demarsated and the rock material is contained. Ordinance No. 95-3706 Page 2 R. Title 14, Chapter 6, Article N, Subsection 1, Subsection B, Subsection 2, entitled "De- sign," Subsection a, is hereby amended to read as follows: a. Parking areas shall have the minimum dimensions illustrated in the figure at the end of this subsection B showing each of the parking configurations permitted. Where the edges of parking spaces are curved, as on a curved aisle, all angles shall be measured between the straight- edges of the parking spaces and tan- gents to the curved edges at their point of intersection. Required bicycle parking spaces shall be at least two feet {2') by six feet (6'). n. Required bicycle parking racks shall be designed to support the bicycle by its frame and allow the use of either a cable lock or a U-shaped lock. Bicycle lockers and secure indoor storage facilities are also allowed. C. Title 14, Chapter 6, Article N, Subsection 1, Subsection B, Subsection 3, entitled "Loca- tion," is hereby amended by adding Subsec- tion e, as follows: e. Bicycle parking facilities shall be located in a clearly designated, safe and conve- nient location. Bicycle parking is allowed in front and side yards in all zones, if providing bicycle parking in the required yard results in no more than twenty five (25) percent of the yard being paved. Title 14, Chapter 6, Article N, Subsectlon 1, Subsection J, entitled "Required Number of Off-Street Parking Spaces" is hereby amended to read as follows: 14-6N-1J: REQUIRED NUMBER OF OFF- STREET PARKING SPACES AND BICYCLE PARKING SPACES: In all zones, except in the CB-10 Zone unless specifically required, and in the CN-1 Zone where the use of land banking is approved as provided in Subsection 11, prior to the occupation of a building or commence- ment of a principal use, a minimum number of off-street parking and stacking spaces shall be provided. In the CN-1 Zone, in order to avoid excessive amounts of paving, not more than one hundred ten percent (110%) of the re- quired amount of off-street parking may be provided without approval of a special excep- tion by the Board of Adjustment. For every seven 17) bicycle parking spaces required for Ordinance No, 95-3706 Page 3 commercial uses the required number of off- street parking spaces for other vehicles may be reduced by one {1) space, up to a maximum of two (2) spaces if those spaces are used for bicycle parking. The minimum number of off- street parking and stacking spaces shall be as follows: (Ord. 95-3677, 5-23-95). (See the following page for off-street parking schedules) Subsections 1 and 2 are amended as per exhibit A. 7. The following provisions apply to bicycle parking: a. In all cases where bicycle parking is re- quired, a minimum of four spaces shall be provided. b. After the first fifty (50) bicycle parking spaces are provided, additional spaces are required at fifty (50) percent of the number required by this Section. c. Where the expected need for bicycle parking for a particular use is uncertain due to unknown or unusual operating characteristics of the use, the Building Official may authorize that construction and provision of not more than fifty (50) percent of the bicycle parking spaces be deferred. The land area required for the deferred bicycle parking spaces shall be maintained in reserve. If an enforcement official determines at some point in the future the additional parking spaces are needed, the property owner will be re- quired to install the parking in the re- served area. A written agreement, prop- erly executed by the owner of the prop- erty on which the reserved area is locat- ed, assuring the installation of bicycle parking within the reserved area by the owner if so ordered by the enforcement official, and binding upon their succes- sors and assigns, shall be recorded as a covenant running with the land. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION I11. 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. Ordinance No. 95-3706 Page 4 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19tb day of December , 1995 OrdinanceNo. 95-3706 Page 5 It was moved by ~ov:tck and seconded by as read be adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration 12 / 5/q 5 Vote for passage: AYES: Kubby, Lehman, Novlck, Pigott, Throgmorton, Horowitz. NAYS: Baker. ABSENT: None. Second Consideration Vote for passage: Date published Moved by Novick, seconded by Kubby, that the rule requiring ordin- ances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. Principal Use 1. Residential uses a. Bed and breakfast homestays b. Bed and breakfast inns c. Family care facility d. Mobile, modular and manufactured homes e. Multi-family dwellings Zone Where permitted Where permitted Where permitted RFBH 1. Where permitted except CB-5 and PRM Number of Spaces Two (2) parking spaces in addition to the spaces required for the dwelling unit Three (3) parking spaces in addition to the spaces required for the dwelling unit Four (4) parking spaces Two (2) parking spaces for each home According to the following table: Unit Type Number of Parking Spaces Efficiency 1 I bedroom I 2 bedroom 2 3 bedroom 2 4 bedroom 3 5 bedroom 4 (1978 Code §36-58) Bicyde Perkingt 0 0 0 0 0.51D,U. 0.5/D.U. 0.51D,U. 1,0/D,U, 1.0/D,U. 1.5/D,U, ~Expressed as number of dwelling units or percentage of automobile parking. 1 Principal Use Zone Number of Spaces Multi-family dwellings (elderly housing) 2. PRM 3. CB-5 Where permitted except PRM, CB-2, CB-5 and CB-IO 2. CB-2, CB-5 and PRM According to the following table: Unit Type Number of Parking Spaces Efficiency 1 I bedroom 1 2 bedrooms or more 2 According to the following table: Number of Parking Unit Type Spaces Efficiency 1 I bedroom 1 2 bedrooms or more 1.5 One parking space for each dwelling Unit One parking space for each two (2) dwelling units Bicyde Parl~ing~ 1.0/D.U. 1.0/D.U. 1.0/D.U. 1.0/D.U. 1.0/D.U. 1.0/D.U. 5% 5% ~Expressed as number of dwelling units or percentage of automobile parking. 2 ' ' Principal Use Zone Number of Spaces Bicycle Parkingr Rooming houses and apartment hotels h. Fraternity/sorority houses Single-family dwellings, duplexes and townhouse units Transient housing 3. CB-IO Where permitted Where permitted Where permitted Where permitted One parking space for each (4) dwelling units One parking space for each two hundred (200) square feet of floor area One parking space for each three hundred (300) square feet of floor area Two (2) parking space for each dwelling unit One-quarter (1/4) parking space per occupant, based on the maximum number of occupants (1978 Code §36-58; arnd. Ord. 94-3606, 1 - 18-94; Ord. 94-3640, 10-11-94) ~Expressed as number of dwelling units or percentage of automobile parking. 5% 25% 25% 0 10% 3 Principal Use Zone Number of Spaces Bicyde Parking~ Commercial uses a. Automobile laundries washes) (car b. Automobilegasolineandservice stations c. Automotive repair garages Where permitted Where permitted Where permitted One parking space for each two (2) wash racks. Stacking spaces equal to five (5) times the maximum capacity of the automobile laundry for each wash rack, bay or tunnel or three (3) times the maximum capacity for a coin-operated laundry for each wash rack. Maximum capacity, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time One parking space for each island of pumps and each service stall plus one stacking space for each four {41 pumps and service stall. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would require moving a motor vehicle waiting for entry One parking space for each three hundred (300) square feet of floor area 0 0 0 ~Expressed as number of dwelling units or percentage of automobile parking. 4 Principal Use ZoRe Number of Spaces Bicycle Parkingr Banks, savings and loan institutions and credit unions Funeral homes Furniture, major appliance and floor covering stores and repair shops 1. Where permitted, except CB-5 and CN-1 2. CB-5 3. CN-1 Where permitted 1. Where permitted, except CB-5 2. CB-5 One parking space for each two hundred square feet of floor area. In addition, drive-in establishments shall provide six (6) stacking spaces per external teller or customer service window designed for drive-in service but need not exceed eighteen (18) total Spaces One parking space for each one thousand two hundred {1,200) square feet of floor area One parking space for each three hundred (300) square feet of floor area. In addition, drive-in establishments shall provide six (6) stacking spaces per external teller or customer service window designed for drive-in service but need not exceed eighteen (18) total spaces Parking spaces equal to one-half the occupant load in the chapel One parking space for each five hundred (500) square feet of floor area One parking space for each one thousand two hundred {1,200) square feet of floor area 10% 0 15% 0 5% 0 i ~Expressed as number of dwellincj units or percentage of automobile parking. 5 Principal Use Zone Number of Spaces Bicyde Parking~ g. Hotels and motels h. Grocery stores and supermarkets 1. Where permitted except CB-5 and CB-10 2. CB-5 and CB-10 1. Where permitted except CB-5, RFBH and CN-1 2. CB-5 3. RFBH 4. CN-1 One and one-quarter (lY4) parking spaces for each guest list Parking spaces shetl be furnished by providing spaces within a publicly-owned parking facility located within three hundred feet (300') of the hotel or motel, as specified by a written agreement between the owner of the hotel and the owner of the parking facility; or one and one-quarter (1 Y4) parking spaces for each guest unit on the same lot as the use served or within three hundred feet (300') One parking space for each one hundred eighty (180) square feet of floor area One parking space for each one thousand two hundred (1,200) square feet of floor area One parking space for each three hundred (300) square feet of floor area One parking space for each two hundred (200) square feet of floor area tExpressed as number of dwelling units or percentage of automobile parking. 5% 2.5% 0 5% 5% 6 Principal Use Zone Number of Spaces Bicyde Parking; Laundry and dry cleaning establishments (coin-operated) Laundry and dry cleaning establishments and collection stations 1. Where permitted except CB-5, RFBH and CN-1 2. CB-5 3. RFBH 4. CN-1 1. Where permitted except CB-5 and CN-1 2. CB-5 3. CN-1 One parking space for each two (2) laundry and/or dry cleaning machines One parking space for each one thousand two hundred (1,200) square feet of floor area One parking space for each three hundred (300) square feet of floor area One parking space for each three (3) laundry and/or dry cleaning machines One parking space for each three hundred (3OO) square feet of floor area One parking space for each one thousand two hundred (1.200) square feet of floor area One parking space for each four hundred fifty 1450) square feet of floor area ~Expressed as number of dwelling units or percentage of automobile parking. 5% O 5% 5% 5% 0 5% 7 Principal Use Zone Number of Spaces Bicycle Parking~ k. Machinery sales 1. Motor vehicles sates and rentals m. offices Where permitted Where permitted 1. Where permitted except R/O, CB-2, CB-5, and CN-1 2. R/O and CB-2 3. CB-5 4. CN-1 One parking space for each eight hundred (800) square feet of floor area One perking space for each five hundred (500) square feet of floor area One parking space for each two hundred (2OO) square feet of floor area One parking space for each three hundred (300) square feet of floor area to a maximum of twenty seven {27) spaces. No additional parking shall be required for that area exceeding eight thousand (8,000) square feet One parking space for each one thousand two hundred (1,200) square feet of floor area One parking space for each three hundred (300) square feet of floor area ~Expressed as number of dwelling units or percentage of automobile parking. 5% 10% 10% 15% 0 15% Principal Use n. Offices-clinics o. Personal service business, beauty parlors, barbershops p. Personal service businesses (other than those listed) Zone 1. Where per m itted except CB-5 and CN-1 2. CB-5 3. CN-1 1. Where permitted except CB-5 and CN-1 2. CB-5 3. CN-1 1. Where permitted except CB-5 and CN-1 Number of Spaces Two (2) parking spaces for each office, examining room and treatment room, provided, however, there shall not be less than five (5) spaces One parking space for each one thousand two hundred (1,200) square feet of floor area One and one-half (1 Y2) parking spaces for each office, examining room and treatment room, provided, however, there shall not be less than four (4) spaces Two (2) parking spaces for each barber or beauty parlor chair One parking space for each one thousand two hundred (1,200) square feet of floor area One and one-half (~) parking spaces for each barber or beauty parlor chair One parking space for each one hundred fifty (150) square feet of floor area tticyde Parking~ 10% 0 15% 10% 0 15% 10% rExpressed as number of dwelling units or percentage of automobile parking. 9 Principal Use Zone Nurnber of Spaces Bicycle Parl~g~ 2. CB-5 3. CN-1 q. Photographic studios 1. Where permitted except CB-5 2. CB-5 r. Rental agencies, equipment and supplies Where permitted Restaurants and establishments dispensing food or beverage for consumption on the premises Where permitted except CB-50 RFBH and CN-1 2. CB-5 3. RFBH rExpressed as number of dwelling units or percentage of automobile One parking space for each one thousand two hundred (1,200) square feet of floor area One parking space for each two hundred twenty five (225) square feet of floor area Two (2) parking spaces for each office, studio and reception area, provided there shall be no less than five (5) spaces One parking space for each one thousand two hundred (1,200) square feet of floor area One space for each fives hundred (500) square feet of interior and exterior storage area for rental supplies and equipment One parking space for each one hundred fifty {150) square feet of floor area, or parking spaces equal in number to one-third (1/3) the occupant load of the seating area, whichever is less One parking space for each one thousand two hundred (1,200) square fee~ of floor area One parking space for each three hundred (300) square feet of floor area parking. 0 15% 5% 0 5% 10% O 10% 10 Princ/pal Use Zone Number of Spaces Bicycle Parking~ Restaurants, drive-in or carry- out Retail stores and shops (other than those listed) 4. CN-1 Where permitted 1, Where permitted except CB-5, RFBH and CN-1 2. CB-5 3. RFBH and CN-1 Studios and stations, radio end 1. Where permitted television except CB-5 One parking space for each two hundred twenty-five (225) square feet of floor area, or parking spaces equal in number to one-fourth (~) the occupant load of the seating area, whichever is less One parking space for each fifty (50) square feet of floor area, but not less than five (5) spaces One parking space for each two hundred (200) square feet of retail floor area One parking space for each one thousand two hundred (1,200) square feet of floor area One parking space for each three hundred {300) square feet of floor area One parking space for each four hundred (400) square feet of floor area 15% 1o% lo% 0 15% 10% ~Expressed as number of dwelling units or percentage of automobile parking. 11 ORDINANCE NO. ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING" TO REQUIRE BICYCLE PARKING FOR MULTI-FAMILY RESI- DENTIAL AND COMMERCIAL USES. WHEREAS, it is City policy to encourage the use of bicycles as a means of transportation; and WHEREAS, safe and convenient parking located at both residences and con rnercial establishments is necessary age the increased use of bicycles. NOW, THEREFORE, BE IT O CITY COUNCIL OF THE CITY OF IOWA IOWA: SECTION 1. AMENDMENTS. Title 14, Chapter 6, entitled Article N, entitled "Off-Street and Section 1 entitled 'king Requirements," Rec "Construction, Desi irements," Subsectio is hereby B, enti- and Location entitled "Con- ndod to read as 1. uction: drives merit materials, drives an( dwellings cess surface may [ concrete, and stacking aisles, and bicycle be constructed of corecrote, Portland co- or manufactured paving ch as brick, except for es surving single-family vhich abut and ac- ,venue or a non-hard ;ity Building Official ~r than asphaltic ind cement con- or manufactured ~ving materials s~ as brick, but ing crushed or chipseal surfaces or parking and drives if the paving )rovides a similar, durable, nanent lard surface. The City Building may permit the use of rock or areas for bicycle parking, provided edging materials, such as landscape'"~. timbers, are used so that the bicycle parking area is clearly demarcated and the rock material is contained. Ordinance No. Page 2 B. Title 14, Chapter 6, Article N, Subsection 1, Subsection B, Subsection 2, entitled sign," Subsection a, is hereby amended to read as follows: a. Parking areas shall have the dimensions illustrated in the tic, are at the end of this subsectlon B show)) g each of the parking configurations/permitted. Where the edges of parking/spaces are curved, as on a curved aide, all angles shall be measured betwee~ the straight- edges of the parking s~aces and tan- gents to the curved ed~bs at their point f intersection. R( IIr~d bicycle pa?,ing aces shall be at ~ttwo feet (2) by eat (6'), red bicycle 'king racks shall be ed to sup : the bicycle by its and allow use of either a cable lock. Bicycle lockers and storage facilities are also allovid C. Title 14, Cha 6, Article N, Subsection 1, absection 3, entitled "Loca- tion,"' is here a~t~ended by adding Subsec- tion e, as f e. Btc )lit)es shall be located in a design~ed, safe and conve- Bicycl~ parking is allowed in mt and side yar',d~s in all zones, if pr, din I bicycle parkm~in the required y~ res Jlts in no more tl~n twenty five ~rZ percent of the yard b~j,ng paved. Title ~4, Chapter 6, Art!cle N, S0~section 1, Sub~ !cti( n J, entitled 'R, equired N~mber of Off~ :tee: Parking Spaces' is hereby'a,,mended to/'e d as follows: /14 6N-1J: REQUIRED NUMBER OF~OFF- ,~/rREET PARKING SPACES AND BICYCLE ~_A_RKING SPACES: In all zones, ex. cel~t in~l~e CB- O Zone unless spe¢ f ce.y re.q? r , the CN-1 Zone where the use. of lend ,b.anki.n~ is approved as provided in Subse tic on 11, prior~ to the occupation of a building or commence- ment of a principal use, a minimum number of off-street parking and stacking spaces shall be provided. In the CN-1 Zone, in order to avoid excessive amounts of paving, not more than one hundred ten percent (1 10%) of the re- quired amount of off-street parking may be provided without approval of a special excep- hon by the Board of Adjustment. For every seven {7) bicycle parking spaces required for Ordinance No. Page 3 (commercial) (multi-family) uses the required number of off-street parking spaces for other vehicles {may) {shall) be reduced by one (1) space, up to a maximum of two (2) spaces. The minimum number of off-street parking and I spaces shall be as follows: (Ord. 95- 5-23-95). (See the following page for street parking schedules) ~bsections I and 2 are amended as per/ / 7. following provisions apply to bicycle a. cases where bicycle parkingSils re- a minimum of two sp,a~es shall b. ,e first fifty {50) btc¢cle parking provided, spaces are rec at fifty of the Where the parking due to characteristics Official and percent of deferred. lend in reserve. determines at the additional nE the property to install the area. A written executed by the owner of erty on which the reserved area is ed, assuring the Installation of parking within the reserved area owner if so ordered by the ion. for bicycle use is uncertain unusual operating the use, the Building that construction more than fifty {50) parking spaces be required for the spaces shall be enforcement point in the spaces are will be re- the re- prop- prop- cat- official, and binding upon their succes- sors and assigns, shall be recorded as a covenant running with the land. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. Ordinance No. Page 4 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. ssed and approved this day of ,19 MAY~I~Ty, ,~xERK ATTEST:~ e · r~ ~ o -r nn n." ,,- d 'd W i - o== 0~: m ,.-: W · ~ W n ~ r~ z Z Z -- c o) ?.-) E ~ ~ ~ u. x