HomeMy WebLinkAbout2005-10-05 Ordinance Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE" BY:
REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14
ZONING CODE, AMENDING PORTIONS OF CHAPTERS 1 AND 5, RENUMBERING
CHAPTERS 1, 2, 3, 5, 7, 8, 10 AND 11, AND REPEALING CHAPTER 12.
WHEREAS, the Comprehensive Plan provides a vision for future development of Iowa
City's neighborhoods, commercial and industrial districts and public spaces; and
WHEREAS, the Plan envisions healthy neighborhoods providing an array of housing
options for the city's diverse population, preservation of historic neighborhoods and landmarks,
attractive and vibrant commercial districts, economically sound industrial districts, preservation
of environmental assets and accessible trails, parks and open space; and
WHEREAS, the Zoning Code adopted in 1983 does not contain the tools necessary to
implement the vision of the Comprehensive Plan; and
WHEREAS, after considerable deliberation and public discussion, the Planning and
Zoning Commission has recommended approval of a new Zoning Code based on the
Comprehensive Plan; and
WHEREAS, the City Council wishes to update the Zoning Code to implement the
Comprehensive Plan; and
WHEREAS, it is necessary to amend other chapters of the Code to be consistent with
the proposed Zoning Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. By repealing Title 14, "Unified Development Code," Chapter 4, Land Control and
Development," Chapter 6, "Zoning," and Chapter 9, "Development Fees," and
substituting in lieu thereof the "TITLE 14, ZONING CODE" attached hereto and
incorporated herein by this reference.
Ordinance No.
Page 2
B. By renumbering Title 14, Chapter 8, "Airport Zoning," to Title 14, Chapter 6 within the
"TITLE 14, ZONING CODE" attached hereto.
C. By renumbering and renaming Title 14, Chapter 7, "Land Subdivision."
D. By renumbering Title 14, Chapter 1, "Streets, Sidewalks and Public Right of Way" and
amending it as follows:
1. Section 14-1A-7 is deleted in its entirety and substituted in lieu thereof is
the following: "No person shall construct or cause to be constructed any
encroachment into or over the public right of way, except as specifically
allowed by City Code. For any such encroachment into or over the public
right of way that is specifically allowed by City Code, including signs,
buildings, and other structures, a Use of Public Right-Of-Way Agreement
must be signed by the property owner and approved by the City as a part
of the approval process."
2. Section 14-1B is deleted in its entirety and substituted in lieu thereof is
the following: Before any person shall cut any curb on any street in the
City, the person shall first obtain an Access Permit from the Department
of Public Works, which permit shall be issued only on condition that the
curb cutting be done in accordance with the provisions of Article 14-5C of
the City Code, Access Management Standards.
3. Section 14-1C-2 is deleted in its entirety and substituted in lieu thereof is
the following: Sidewalks must be located within the public right-of-way so
that the line of the inner edge of the sidewalk is one foot from the
property line. In cases where there is practical difficulty meeting this
location standard, the City Engineer may modify the location of a
sidewalk.
4. Section 14-1C-3A is deleted in its entirety and substituted in lieu thereof
is the following: Sidewalks must be constructed, reconstructed and
repaired in accordance with the Iowa City Municipal Design Standards, as
amended.
5. Section 14-1C-3C is deleted in its entirety and substituted in lieu thereof
is the following: The City Engineer may order the repair, replacement, or
reconstruction of a public sidewalk upon written notice and as provided
by State Law. Such order and written notice shall constitute issuance of a
permit as required in subsection B, above.
6. Section 14-1E-1 is deleted in its entirety.
7. Section 14-1E-2 is renumbered to 14-1E-1 and amended by deletion of
the definitions for "Sign" and "Signs in Public Places" and substitution in
lieu thereof the following definitions: "SI(~N-' As defined in Article 14-9C,
Sign Definitions" and "PUBLI:C PLACE; Any public street, way, place,
alley, sidewalk, park, square, plaza and City-owned right of way or any
other public property owned or controlled by the City and dedicated for
public use."
8. Section 14-1E-3 is deleted in its entirety and substituted in lieu thereof as
section 14-1E-2 is the following: "RESTRICTIONS: No privately-owned
signs shall be placed on or over a public place, except as provided for in
Section 14-5B-10 of the City Code."
9. Section 14-1E-4 is deleted in its entirety.
Ordinance No.
Page 3
E. By renumbering Title 14, Chapter 2, "Public Utilities and City Right of Way."
F. By renumbering Title 14, Chapter 3, "City Utilities."
G. By renumbering Title 14, Chapter 10, "Standards For Public Works Improvement
Projects."
H. By renumbering Title 14, Chapter 11, "Penalties."
I. By deleting Title 14, Chapter 12, in its entirety.
J. By renumbering Title 14, Chapter 5, "Building'and Housing" and amending it as
follows:
1. Section 14-5H is deleted in its entirety, and substituted in lieu thereof is the
"SITE PLAN REVIEW" attached hereto and incorporated herein by this
reference.
SECTION II. ZONING MAP. Upon final passage, approval and publication of this Ordinance, as
provided by law, because this ordinance redesignates "Residential/Office Zone (R/O)" to "Mixed
Use Zone (MU)", and "Public Zone (P)" to "Neighborhood Public Zone (P-l)" and "Institutional
Public Zone (P-2)," the Building Official is hereby authorized and directed to change references
on the zoning map of the City of Iowa City, Iowa, accordingly.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION IV. 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 ¥. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this __ day of ,20
ATTEST:
CITY CLERK "
S:lLEGALIMitchlBIZoning Code Rewrite/Ordinance/New Zoning Code Ordinance
ZONING CODE text
Previously distributed in 9/20/05 Regular City Council
Meeting Folder
Agenda Item # 4a
Electronically under "ordinance" subfolder
Pages 1-438
Recommended Draft
9/27/05
Site Plan Review
CHAPTER 1. INTENT AND APPLICABILITY
It is the purpose of this Title to establish a procedure which will enable the City to review
certain proposed improvements of property within the City in order to ensure the orderly and
harmonious development of property in a manner that will:
A. Promote the most beneficial relation between present and proposed uses of land;
B. Allow development of property commensurate with the present and foreseeable availability
and capacity of City facilities and services; The following factors shall be considered in
arriving at a conclusion concerning proposed development of property:
1. The projected population of the proposed development or the proposed intensity of
use and the effect the proposal will have on the capacity of existing water and
sanitary sewer lines to avoid overloading existing systems;
2. Zoning regulations at the time of the proposal;
3. The City's Comprehensive Plan, as amended, and other specific community plans;
4. The City's plans for future construction and provision for public facilities and services;
and
5. The existing and planned City facilities and services for the area which will be
affected by the proposed site use.
C. Ensure compliance with the City Code, as amended, including applicable zOning
regulations, approved subdivision plats, public works standards, and public safety
standards;
D. Encourage adequate provision of surface and subsurface storm water drainage in order to
assure that future development and other properties in the City will not be adversely
affected;
E. Provide screening of parking, truck loading, solid waste disposal and outdoor storage areas
from adjacent properties;
F. Provide for orderly, safe, and efficient circulation of traffic in the development and
throughout the City;
G. Minimize adverse environmental impacts on the developing property.
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A. Site Plan Review Required
~.. The standards in this Title are in addition to those required by the Uniform Building
Code, as amended, and apply to commercial, industrial, and multi-unit residential
development.
2. Site plans must be submitted, reviewed, and approved by the City according to the
provisions of this Title prior to the issuance of a building permit for any development
on any lot, tract or parcel of land as those terms are defined in Title 14, Zoning Code,
except as exempted below.
B. Exemptions
Site Plan Review is not required for the development of one single family dwelling or one
two-family dwelling or related accessory structures in any zoning district. However, such
uses and structures are not exempt from other applicable provisions of the City Code,
including requirements of the Uniform Building Code, as amended.
C. Major Site Plans
Major site plans are required for all of the following types of development:
l. Construction of over :[2 units residential development and any additions or alterations
to existing development containing over :[2 units residential; or
2. Over :[0,000 square feet of nonresidential floor area.
D. Minor Site Plans
Minor site plans are required for all development that does not require a major site plan,
except as exempted in subsection B, Exemptions, above.
E, Sensitive Areas Development Plan
A Sensitive Areas Development Plan may be required for properties containing
environmentally sensitive features as set forth in Article 14-5! of the City Code, Sensitive
Lands and Features. The requirements and exemptions for regulated sensitive features are
set forth in Article :[4-5:[. Level :[ Sensitive Areas Review shall be in accordance with the all
procedures and approval processes set forth in Chapter 2 of this Title, except for Section
:[8-2-2, Submittal Requirements. Submittal requirements for Level :[ Sensitive Areas Review
are set forth in Article :[4-5:[, based on the type of regulated feature(s) that exist on the
subject property.
Recommended Draft
9/27/05
CHAPTER 2. PROCEDURES AND SUBMITTAL
REQUTREMENTS
An application for site plan approval for all development shall be submitted to the City and shall
meet the following requirements:
A. A minimum of two copies of minor site plans and four copies of major site plans containing
all required information.
B. The required review fee, as established by resolution of the City Council, shall accompany
the application for site plan approval.
C. Within twenty-four hours of submitting an application for major site plan approval, the
applicant shall post notice of intent to develop on the site. The notice to be posted will be
provided by the City and shall be posted as directed by the City.
A. Minor Site Plan
Minor site plans submitted for approval must include information as specified below:
:1. Date of preparation and north arrow.
2. A scale no smaller than one inch equals one hundred feet (1" = 100')
3. Legal description or street address of the property.
4. Name and address of the owner of record of the property, the applicant and the
person(s) preparing the site plan, and the name and address of the applicant's
attorney, if any.
S. Property lines with dimensions to the nearest one-tenth of a foot (1/10') and total
square footage or acreage of the site.
6. Total number and types of dwelling units proposed, proposed uses for all building,
total floor area of each building and any other information which may be necessary to
determine the number of off-street parking and loading spaces required by Title 14,
Zoning Code.
7. Location and exterior dimensions of all existing and proposed structures or additions,
including setback distance from property boundary lines and distance between
structures.
8. Location, grade and dimension of all existing and proposed paved surfaces, including
parking and loading areas, entrance and exit drives, pedestrian walkways, bicycle
storage areas, dividers, curbs, islands and other similar permanent improvements.
9. Location of all existing and proposed outdoor recycling, trash, solid waste, and
dumpster areas and methods of screening such areas.
10, Location and type of all existing and proposed signs. Proposed signs may require a
separate sign permit (See Article 14-5B, Sign Regulations).
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9/27/05
11. Plans and proposed methods for the prevention and control of soil erosion for the
development.
12. A landscaping plot plan is required indicating all existing trees eight inches or larger
in diameter measured at a point six inches above the ground level. In addition, the
plot plan must distinguish the existing or proposed trees or landscaping intended to
satisfy tree requirements or screening requirements of the City Code (See 14-5A-5I,
Landscaping and Tree Requirements within Parking Areas and 14-5E, Landscaping
and Tree Standards, and any other applicable screening required according to Title
14, Zoning Code.)
13. Location of the following features of the site:
a. Streams and other water bodies, including wetlands;
b. Areas subject to flooding from a 100-year event;
14. Location, amount and type of proposed lighting, fences, walls or other screening.
15. A detailed lighting plan and photometrics layout which shows the location, type,
height, and intensity of all existing and proposed exterior lighting on the property.
The photometrics layout must show the foot-candles generated by all lights on the
property and provide the total outdoor light output as measured in initial lumens from
all bulbs used in outdoor light fixtures. The lighting plan and photometrics layout
must comply with the standards specified in Article 14-5G, Outdoor Lighting
Standards.
16. Location and specifications for any existing or proposed aboveground or below-
ground storage facilities for any chemical, salts, flammable materials or hazardous
materials.
17. Other data and information as may be reasonably required by the Building Official.
B. Major Site Plans
Submittal information for major site plans must include all the information contained in
subsection A of this Section, plus the following additional information:
1. Existing and proposed contours at intervals not to exceed 5 feet provided at least 2
contours are shown. Contours of neighboring properties must be provided when
deemed necessary by the City.
2. When deemed necessary by the City, a complete storm water runoff plan, including
grades and/or elevations of storm sewer systems, direction of surface flow, detention
areas, outlet control structures and devices and storm water calculations (See Article
15-3G, Storm Water Collection, Discharge, and Runoff).
3. Location and size of existing and proposed utilities, including water, sanitary sewer,
storm sewer, gas, electrical telephone, cable TV, plus all existing or proposed fire
hydrants.
4. A typical cross section of all proposed streets, alleys and parking areas showing
roadway location, type of curb and gutter, paving and sidewalks to be installed.
5. A complete traffic circulation and parking plan.
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A. The City shall review and approve, review and approve with conditions, or review and
deny all site plans submitted under this Title within 21 working days after application,
without requiring submission of the plan to the Planning and Zoning Commission.
B. Upon submission of a major site plan, the Building Official shall promptly convey a copy of
the major site plan to the Department of Public Works and the Department of Planning
and Community Development for their review and comments. The Departments of
Planning and Community Development, Public Works and Housing and Inspection Services
shall review the site plan to determine if the design conforms to the standards set forth in
this Article. The Departments of Planning and Community Development and Public Works
shall forward their recommendations to the Department of Housing and Inspection
Services within ten (10) working days after date of submission of a major site plan to the
City.
C. For major site plans, the Department of Housing and Inspection Services or those owners
of 20 percent or more of the property location within 200 feet of the exterior boundaries of
the proposed development site may request a review by the Planning and Zoning
Commission. The request must be in writing and must be filed with the Building Official
within 20 days of submission of the original application or within 20 days of the posting
requirements set forth in Section 18-2-1, above, whichever is later. When such a request is
received, the Planning and Zoning Commission may review and approve, review and
approve with conditions, or review and deny said plan within 20 working days of receipt of
the written request for Planning and Zoning Commission review. The Commission's scope
of review shall be the same as that of the Building Official and the Department of Housing
and Inspection Services.
D. Upon site plan approval by the Building Official or the Plan and Zoning Commission, a
building permit may be issued.
The approval of any site plan shall remain valid for one year after the date of approval. The
approved site plan shall be null and void if a building permit has not been issued within one
year of the site pan approval or if actual construction has not commenced within eighteen (18)
months of the site plan approval. "Actual construction" shall mean that the permanent
placement of construction materials has started and is proceeding without undue delay.
Any approved site plan may be amended in accordance with the standards and procedures
established herein. However, the Building Official may waive such procedures and fees in the
event the Building Official determines that the proposed amendment involves only a minor
change in the approved site plan and is in compliance with the site plan review standards. For
the purposes of this Section minor changes may include, but are not limited to the following:
A. A change to move building walls within the confines of the smallest rectangle that would
have enclosed each originally approved building, to relocate building entrances or exits or
to shorten building canopies.
Recommended Draft
9/27/05
B. A chan§e to a more restrictive use, provided there is no chan§e in the amount of off-street
parking as originally approved.
¢. ^ change in an§le of parking! or a parkin§ aisle width, provided there is no reduction in the
amount of off-street parking as originally approved.
O. A chancje in location of the inoress and egress drives of not more than 100 feet, provided
such chan§e is approved by the City and is in compliance with the provisions of Article 14-
5C, Access Mana§ement Standards.
A substitution of plant species, provided the substituted species is similar in nature and in
screening effects and is otherwise in compliance with City Code requirements.
F. ^ change in type and design of Ii§htin§ fixture, provided there will be no change in the
intensity of light at the property boundary and the proposed fixture is in compliance with
the applicable provisions of Article 14-6G, Outdoor Lighting Standards.
6. ^ change to increase peripheral yards.
H, /he replacement of paved areas with landscaping, provided adequate parking facilities are
retained.
Recommended Draft
9/27/05
CHAPTER 3. SITE PLAN DESIGN STANDARDS
All site plans submitted for City approval must comply with the following design standards.
These standards are the minimum standards necessary to safeguard the public health, safety,
aesthetics and general welfare of the City and are necessary to fulfill the intent of the Zoning
Ordinance, the Comprehensive Plan as amended and other specific community plans.
A. Drainage
The design of the proposed development shall make adequate provision for surface and
subsurface drainage to limit the rate of increased runoff of surface water to adjacent and
downstream property so that the proposed development will not substantially and
materially increase the natural flow onto adjacent downstream property.
B. Utility Connections
The design of the proposed development shall make adequate provision for connection to
water, sanitary sewer, storm sewer, electrical and other public utility lines within the
capacity limits of those utility lines.
C. Fire Safety
The design of the proposed development shall make adequate provision for fire protection
and for building placement, acceptable location of flammable materials and other
measures to ensure fire safety.
D. Erosion and Sedimentation Control
The design of the proposed development shall comply with the standards for erosion and
sedimentation control established in the City design standards in order to protect adjoining
or surrounding property. The development plan shall consider the topography and soils of
the site to achieve the lowest potential for erosion.
E. Landscape Preservation
So far as practical, the landscape shall be preserved in its natural state by minimizing tree
and soil removal and by topographic modifications which result in maximum harmony with
adjacent areas. Structures and other site improvements shall be located in such a manner
that the maximum number of trees are preserved on the site. The development plan shall
identify existing trees to be preserved and trees to be removed and shall specify measures
to be utilized to protect trees during construction. To the extent reasonably feasible, all
wetlands shall be retained in their natural state or consistent with their functions and
values or be replaced with a wetland of equal or greater value.
F, Vehicle and Pedestrian Circulation
The design of vehicle and pedestrian circulation shall be provided for safe and convenient
flow of vehicles and movement of pedestrians and shall, to the greatest extent reasonably
possible, prevent hazards to adjacent streets or property. The City may limit entrances
Recommended Draft
9/27/05
and exits upon adjacent streets in order to prevent congestion on adjacent or surrounding
streets and in order to provide for safe and orderly vehicle movement. The City may limit
street access according to the provisions of Article 14-5C, Access Management Standards.
G. Outdoor Dumpster Areas
Outdoor recycling, trash, solid waste, and dumpster areas shall be in compliance with the
City's solid waste regulations and in compliance with screening requirements contained in
Title 14, Zoning Code. (See 14-4C-2Q, Outdoor Dumpster Areas)
H. Exterior Lighting
Exterior lighting shall relate to the scale and location of the development in order to
maintain adequate security while preventing a nuisance or hardship to adjacent properties
or streets. All exterior lighting must comply with the provisions of Article 14-5G of the City
Code, Outdoor Lighting Standards.
I. Screening of Equipment
All ground level mechanical and utility equipment shall be screened from public view
according to the provisions of Title 14, Zoning Code (See 14-4C-2N, Mechanical
Structures).
J, Screening of Storage and Loading Areas
If allowed, all outdoor storage areas must be located and screened according to the
applicable base zone provisions of Title 14, Zoning Code. All outdoor storage areas and
loading/unloading service areas with delivery facilities, including bay doors or docks, which
face or are visible from residential district and the Iowa River shall be screened to a'height
of no less than 6 feet and must meet all screening standards specified in Title 14, Zoning,
for outdoor storage and loading areas.
K, Parking Areas
Any parking areas or vehicle storage area designed or intended for use by more than four
(4) vehicles located adjacent to any street shall be separated and screened from such
street by a curbed, planted area as specified in Title 14, Zoning.
L. Sensitive Areas
All sensitive areas development plans must comply with the applicable provisions of Article
14-5I of the City Code, Sensitive Lands and Features.
H, Compliance with City, State, and Federal Regulations
Site plans shall comply with all applicable City, State, and Federal regulations.
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CHAPTER 4. ENFORCEMENT AND PENALTIES
No person shall undertake or carry out any activity or use, including any building demolition,
grading, clearing, cutting and filling, excavating or tree removal, for which site plan approval is
first required by this Title, nor shall such activity proceed prior to obtaining the necessary
permits, including local, County, State and Federal permits. Any violation of this provision is
subject to fines and penalties described in this Title for each day of the violation, from the day
of discovery of the incident until an approved restoration plan or an approved site plan is
granted.
A. The purpose of the performance guarantee is to ensure completion of improvements
connected with a proposed use as required by this Title, including, but not limited to
roadways, lighting, utilities, sidewalks, drainage, fences, screens, wall and landscaping.
B. "Performance Guarantee" shall mean a cash deposit, certified check, or irrevocable
standby letter of credit in the amount of the estimated cost of the improvements, to be
determined by the applicant and verified by the City.
C. Upon issuance of a building permit, the City may require a performance guarantee.
D. When a performance guarantee is required, there shall also be provided a prescribed
period of time within which improvements must be completed.
E. Where a performance guarantee is not required upon issuance of a building permit and
the improvements cannot be completed prior to occupancy or commencement of a use,
the Building Official may issue a temporary certificate of occupancy and require the
applicant to deposit a performance guarantee as set forth above.
F. Upon satisfactory completion of the improvements for which the performance guarantee is
required, as determined by the City, the City shall return the performance guarantee to
the applicant.
G. In the event that the applicant defaults in making the improvements for which a
performance guarantee is required or fails to complete the improvements within the time
prescribed by the City, the City shall have the right, but not the obligation, to use the
performance guarantee deposited, together with any interest earned thereon, to complete
the improvements through contract or otherwise. This includes the specific right to enter
upon the subject property to make the improvements. If the performance guarantee is
not sufficient to allow the City to complete the improvements for which the guarantee was
posted, the applicant shall be required to pay the City the amount by which the cost of
completing the improvements exceeds the amount of the performance guarantee
deposited. Should the City use the performance guarantee or a portion thereof to
complete the required improvements, any amounts remaining after completion shall be
applied first to the City's administrative costs in completing the improvements, with any
balance remaining being refunded to the applicant. At the time the performance
guarantee is deposited, the applicant shall enter into a written agreement with the City,
which incorporates the performance guarantee requirements set forth above.
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Any violation of this Title shall be considered a simple misdemeanor or municipal infraction or
environment infraction as provided for in Title 1, Chapter 4 of the City Code.
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