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Home My WebLink About1999-09-14 OrdinancePrepared by: Scott Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 99-3896 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, BY ADDING A DEFINITION OF "ADULT BUSINESS" AND CHANGING SEPARATION REQUIREMENTS BETWEEN ADULT BUSINESSES AND OTHER USES. WHEREAS, The City of Iowa City desires to update its zoning regulations in light of recent judicial decisions which pertain to the enforcement of local land use regulations on adult businesses; and WHEREAS, the City's Zoning Chapter currently contains no definition of an adult business; and WHEREAS, the City has reviewed the empirical evidence of the deleterious secondary effects caused by adult uses, ordinances from other communities, and other information pertaining to the regulation of adult businesses; and WHEREAS, the City has determined that its current regulations are not adequate to sufficiently protect and promote the public health, safety, and general welfare and encourage the most appropriate use of land; and WHEREAS, the City has determined that, in addition to adopting a definition of an adult business for clarity, separation requirements between adult businesses and residential zones, schools, parks, child day care centers, and other areas where numbers of minors regularly travel or congregate would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: · SECTION I. AMENDMENT. Title 14, Chapter 6, Zoning, is hereby amended as follows: a. Section 14-6B-2, Definitions, is hereby amended by adding the following definition: ADULT BUSINESS: Any amusement or entertainment establishment, bookstore, massage establishment, motion picture theater, video rental or sales establishment, or other similar use, in which 25 percent (25%) or more of its floor area is customarily not open to the public generally but only to Ordinance No. 99-3896 Page 2 one or more classes of the public excluding any minor by reason of age under Chapter 728, Obscenity, Code of Iowa, as amended. b. Section 14-6E-4D, Intensive Commercial Zone (C1-1) Special Exceptions, is hereby amended by repealing subsection 1 and replacing it with a new subsection 1 as follows: 1. Adult businesses, provided they are not located within 500 feet of any properties containing schools, parks, or child day care centers, residential zones, or any other place where numbers of minors regularly travel or congregate, or within 500 feet of any other adult business. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 14th day of SeptembPr ,1999. A EsT: CITY CL K _ b , ppdadmin%ord%adult.doc Ordinance No. 99-3896 Page 3 It was moved by Norton and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Thornberry that the Fimt Consideration 7/27/qg Vo~for passage: AYES: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None, ABSENT: Lehman. Second Consideration 8/24/99 Votefor passage:AYES: Kubby,Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, NAYS: None. ABSENT: None. Date published 9/22/99 Prepared by: John Yapp, Associate Planner, 410 E. Washington Street. Iowa City. IA 52240; 319-356-5247 ORDINANCE NO. 99-3897 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," TO ALLOW OFF- STREET PARKING ON A SEPARATE LOT IN A DIFFERENT ZONE UNDER CERTAIN CONDITIONS. WHEREAS, in some instances eldedy housing operations and commercial and industrial businesses have a demonstrated need for additional off-street parking; and WHEREAS. in some cases there is no space on the lot where the principal use is located, and additional parking must be provided on a separate lot; and WHEREAS, it is reasonable to allow non- required off-street parking on a separate lot in a different zone from the principal use by special exception under certain conditions, such as when such parking will not negatively impact adjacent properties or the appearance of the streetscape; and WHEREAS, in assessing the merits of a special exception application for non-required off- street parking in a separate zone, it is appropriate that the Board of Adjustment shall consider the desirability of the location, potential detrimental effects on adjacent properties, pedestrian and vehicular traffic safety, and the appearance of the need for additional off-street parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6, entitled "Zoning." Article N, entitled "Off-Street Parking and Loading," be amended as follows: 14-6N-1C be amended as follows: C. Off-Street Parking Located on a Separate Lot: The Board of Adjustment may grant a special exception for off-street parking and stacking spaces, aisles, and drives, to be located on a separate lot from the use served when: 1 ) two or more uses share the same off-street parking and stacking spaces, aisles, and drives; 2) an increase in the number of spaces is required by conversion or an enlargement of the use; 3) for housing for the eldedy in a multi-family zone, or in commercial or industrial zones, non-required off- Ordinance No. 99-3897 Page 2 street parking cannot be provided on the property where the principal use is located; or 4) uses are located in the CB-2 zone, and provided the following conditions are met: [remainder omitted] 14-6N-1C(2)(c) be added as follows: c. In the same zone as the principal use, except non-required off-street parking may be provided on a separate lot within the parameters of the following pairings: 1. Multi-family and Multi-family (RM-12, RM- 20, RM-44 and PRM zones), 2. Commercial and Commercial or. Industrial (CC-2, CH-1, C1-1, I-1 and I-2 zones), 3. Industrial and Industrial or Commercial (CC-2, CH-1, C1-1, I-1 and I-2 zones); and provided the principal use is established pdor to the special exception application. 14-6N-1C(7) be amended as follows: 7. In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street parking and stacking spaces, aisles, and ddves on a lot separate from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent property; the appearance of the streetscape as a consequence of the off-street parking; and in the case of non- required parking, the need for additional off-street parking. SECTION II. RFPFALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SFCTION III. SFVFRABILITY. 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 DATF. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 14th day of ~- Ordinance No. 99-3897 Page 3 It was moved by O'Donnell and seconded by Ordinance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef NnPtOn that the Fimt Consideration 7/27/99 Voter or passa e~YES: O'Donnell, Thornberry, Vanderhoef, Kubby, Norton. NAYS: None Lehman. · ABSENT: Champion, Second Consideration 8/24/99 Voter or passage:AYES: Norton, O'Donnell, Thornberry, Champion, Kubby. NAYS: None. ABSENT: Lehman. Date published 9/22/99 Vanderhoef, VMOI ;U.!O VMOI "T1