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Home My WebLink About1999-11-09 OrdinancePrepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 99-3908 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING", ARTICLE M, ENTITLED "ACCESSORY USES" AND BUILDINGS", AND ARTICLE V, ENTITLED "MINOR MODIFICATION PROCEDURES", TO AMEND THE CONDITIONS RELATED TO HOME OCCUPATION USES, AND TO ALLOW ONE-RESIDENT EMPLOYEE FOR A HOME OCCUPATION USE. WHEREAS, the Iowa City City Council finds that home occupations can be accommodated within residential zones and can allow for small business growth when adequate conditions as provided to insure the home occupation use does not cause a nuisance to neighboring properties; and WHEREAS, uses that have a high potential to cause noise, odor, visual or other nuisances should be prohibited in residential zones. These uses include motor vehicle repair, machine shops, medical and dental offices, kennels, welding, and mini-storage uses; and WHEREAS, limiting the floor area of the home occupation use to 25% of the gross floor area of the principle dwelling unit is a condition that will help ensure the home occupation use stays accessory to the residential use; and WHEREAS, although non-resident employees are generally prohibited, one non-resident employee may be permitted if approved by the Building Official under the minor modification criteria and procedures; and WHEREAS, to qualify as such, a home occupation use must be located in the primary residence of the owner and operator of the home occupation use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SFCTION I. APPROVAL. Chapter 6, "Zoning", Article M, entitled "Accessory Uses and Buildings", be amended as follows: 14-6M-1B(6) be rescinded and replaced with the following: 14-6M-1B(6): Home Occupations, provided the use is located within the dwelling unit or accessory Ordinance No. 99-3908 Page 2 building, and the dwelling unit i~ the bona fide primary residence of the owner and operator of the home occupation in which they reside dudng non-business hours, subject to the following conditions: a. Motor vehicle repair, machine shops, medical and dental offices, kennels, welding, and mini-storage facilities are prohibited as home occupation uses. Any home occupation use which changes the fire safety rating of the occupancy separation classification requirements of the structure is prohibited. b. No commodities may be sold on the premises except that which is produced on the premises or accessory to the home occupation conducted on the premises. c. The home occupation does not require the paving of any additional parking spaces, and generates no greater volume or type of traffic than that which is normally expected in a residential neighborhood. d. There shall be no indication (except a permitted sign) from the exterior of the dwelling unit or accessory building, such as noise, smoke, dust, or outdoor storage of materials, that there is a home occupation use on the premises. There shall be no visitors or deliveries to the home occupation use before 7:00 a.m. or after 10:00 p.m. e. The home occupation use shall comprise no more than twenty-five percent (25%) of the gross floor area of the principle dwelling unit, excluding area devoted to an attached garage. f. Non-resident employees are prohibited, except one non-resident employee may be permitted if approved by the Building Official as a minor modification to the home occupation use, according to the procedures in Section 14-6V, Minor Modification Procedures. 14--6V-3(H) be added as follows: 14-6V-3(H) one non-resident employee for a home occupation use. SFCTION II. RFPFALER. AJI ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVI=RABILITY. 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. SFCTION IV. FFFFCTIVF DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved th is 9 t h day of November- ,1999. MAYOR Ordinance No. 99-3908 Page 3 A'i'rEST: CLE~-~$--~ ~ '=//~ CITY L Ordinance No. 99-3908 Page 4 It was moved by Thornberry and seconded by O~inance as read be adopted, and upon mllcallthem were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Norton that the Fimt Consideration 10/12/99 Votefor passage: AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Second Consideration 10/19/99 Votefor passage: AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Date published 11/17/99 Prepared by: John Yapp, Assodate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 99-3909 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "DEFINITIONS," ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," AND ARTICLE H, ENTITLED "INDUSTRIAL ZONES" TO ALLOW UTILITY SUBSTATION FACILITIES IN COMMERCIAL AND INDUSTRIAL ZONES WHEREAS, to accommodate the growth in telecommunications utilities and other utilities, it is appropriate to allow substation facilities on private property in commercial and industrial zones, outside of public right-of-way; and WHEREAS, to ensure utility facilities do not detract from the appearance of retail-oriented commercial property and do not inhibit future development of commercial property, their design and location will be reviewed by the Board of Adjustment; and WHEREAS, in industrial and intensive commercial zones, utility substation facilities will be permitted by right, subject to screening requirements; and WHEREAS, utility facilities located inside an existing building in a commercial or industrial zone will be permitted without screening requirements or Board of Adjustment review, provided the principle use of the building is a permitted use in the zone. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SF:CTION I. APPROVAL. Chapter 6, entitled "Zoning," Article B, entitled "Definitions" be amended to add the following: UTILITY SUBSTATION FACILITY: An assemblage of equipment used for the purpose of changing the strength, volume, or configuration of the utility flow from a bulk quantity to smaller quantities to be used in the local distribution system. Utility substation facilities include but are not limited to electric substations, gas regulator stations, telecommunications switching and relay facilities, and water and sewer pumps or lift stations. Chapter 6, entitled "Zoning," Article E. entitled "Commercial and Business Zones" be amended to allow outdoor utility substation facilities as a special exception in the CO-1, CN-1, CH-1, CC-2, CB-2, Ordinance No. 99-3909 Page 2 CB-5, and CB-10 zones by amending the following listed sections as follows: 14-6E-1D(10),14-SE~2D(10), 14-6E-3D(3), 14- 6E-5D(9), 14-6E-6D(6), 14-6E-7D(6), 14-6E-8D(7): Utility substation facilities, according to the requirements of Article L of this chapter. Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones" be amended to allow utility substation facilities within existing buildings as a provisional use in the CO-1, CN-1, CH-1, CC-2, CB-2, CB-5, and CB-10 zones by amending the following listed sections as follows: 14-6E-1C(5), 14-6E-2C(6), 14-6E-3C(3), 14-6E- 5C(4), 14-6E-6C(5), 14-6E-7C(5), 14-6E-8C(7): Utility substation facilities within existing buildings, provided the substation facility is completely enclosed and there is no indication from the exterior of the building of the substation facility, and the principal use of the building is a use permitted in this Zone. Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones" and Article H, entitled "Industrial Zones" be amended to allow utility substation facilities as a provisional use with screening requirements in the intensive commercial and industrial zones by amending the following listed sections as follows: 14-6E-4C(6), 14-6H-1C(6), 14-6H-2C(3): Utility substation facilities, subject to the substation facility being screened from the public right-of-way and from residential zones according to the screening requirements in Section 14-6S, or by a decorative fence or wall approved by city staff. Chapter 6, entitled "Zoning," Article L, entitled "Provisional Uses, Special Exceptions, and Temporary Uses" be amended to add the following: 14-6L-1 X: Utility Substation Facilities 1. The utility substation facility shall be screened from the public right-of-way and from residential zones according to the screening requirements in Section 14-6S, or by act. ecorative fence or wall approved by the Board of Adjustment. 2. When considering the utility substation facility request, the Board of Adjustment shall consider the compatibility of the facility in terms of size, scale, location, and design in relation to surrounding structures and uses. For utility structures located in highly visible areas, the Board may consider requiring a brick fac,,ade. Water and sewer pumps or lift stations approved by the city as part of subdivision or construction plan approval do not require Board of Adjustment consideration. SFCTION II. REPFALFR. All ordinances and parts of ordinances in conflict with the provisions 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 Ordinance No. 99-3909 Page 3 whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SFCTION IV. FFFFCTIVF DATF. This Ordi- nanco shall be in effect after its final passage, approv- al and publication. as provided by law. Passed and approved this 9t, h day of November' ,1999. ATTEST: CLE~~--,D ~, 't~,, J CITY CitY~/~~~-~~ ppdadmin%on:Nnduszn,doc Ordinance No. 99-3909 Page 4 It was moved by Thornberry and seconded by Ordinance asread be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Vanderhoef that the Fimt Considemtion 10/12/99 Votefor passage:AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None. Second Consideration 10/19/99 Vote for passage:AYES: Kubby, Lehman, Norton, O'Donnel 1, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None. Date published 11/17/99 CB-5, and CB-10 zones by amending the following listed sections as follows: 14-6E-1D(10),14-6E-2D(10), 14-6E-3D(3), 14- 6E-5D(9), 14-6E-6D(6), 14-6E-7D(6), 14-6E-8D(7): Utility substation facilities, according to the requirements of Article L of this chapter. Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones" be amended to allow utility substation facilities within existing buildings as a provisional use in the CO-1, CN-1, CH-1, CC-2, CB-2, CB-5, and CB-10 zones the following listed sections as follows: 14-6E-1C(5), 14-6E-2C(6), 14-6E-3C(3), 14 ), 14-6E-6C(5), 14-6E-7C(5), facilities within existing b the substation facility is md there is no indication from exterior of the ing of the substation faci and the principal building is a use in this Zone. Chapter 6, e titled "Zoning," E, entitled "Commercial and usiness Zo rt and Article H, ~'~visio screening requirements i~ intensive commercial and industrial zones by sections as follows: 14-6E-4C(6), 14- substation being screened from residential requirements the following listed 14-6H-2C(3): Utility to ~e substation facility the publ~ right-of-way and Chapte~ entitle , L, entitled "Prevision~ Uses, Special Exceptlop, s, and Tern Uses" be amended to add the following: 14- Utility Substation Facilities .~. 1 utility substation facility shall\be from the public right-of-way and from, ;ntial zones according to the screening"-,, uirements in Section 14-6S, or by a ~.eccrative ",,.. :nce or wall approved by the Board of Adjustment. 2. When considering the utility substation facility request, the Board of Adjustment shall consider the compatibility of the facility in terms of size, scale, location, and design in relation to surrounding structures and uses. For utility structures located in highly visible areas, the Board may consider requiring a brick fac..ade. Water and sewer pumps or lift stations approved by the city as part of subdivision or construction plan approval do not require Board of Adjustment consideration. SFCTION II. REPEALFR. All ordinances and parts of ordinances in conflict with the provisions 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