The URL can be used to link to this page

Home My WebLink About2001-05-15 Ordinance Prepared by: Bob Miklo, PCD, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 01-3967 ORDINANCE AMENDING ZONING CODE ' RTICLE {D), DEFINITIONS, AND WHEREAS, the Zoning Code provides for accessory apartments in single-family residences under certain conditions; and WHEREAS, such accessory apartments provide housing options for persons with disabilities and elderly; and WHEREAS, the City has received a request to allow accessory apartments within accessory buildings; and WHEREAS, the Planning and Zoning Commission has recommended that the Zoning Code be amended to allow accessory apartments in accessory buildings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. City Code Section 14-6B-2 be amended as follows: 14-6B-2: Definition: ACCESSORY APARTMENTS: A temporary accessory dwelling unit located within an owner- occupied, single-family dwelling or in an accessory building and meeting the requirements of this chapter. and City Code Section 14-6L-1A be amended as follows: 14-6L-1A: PROVISIONAL USES AND SPECIAL EXCEPTIONS ENUMERATED; REQUIREMENTS: A. Accessory Apartments: The installation of temporary accessory apartments in owner- occupied, single-family homes or in an accessory building is permitted in accordance with the following requirements. 2. Only one accessory apartment may be established in a single-family dwelling or in an accessory building. 7. The accessory apartment shall be clearly subordinate in area to the single-family dwelling or to the accessory building. The accessory apartment may not contain more than thirty percent (30%) of the principal building's total floor area, or not more than fifty percent (50%) of the accessory building's total floor area. An accessory apartment may not contain more than eight hundred (800) square feet or more than two (2) bedrooms when located within the principal building, or five hundred (500) square feet or more than one (1) Ordinance No. 01-3967 Page 2 bedroom when located in an accessory structure. SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed.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 Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1 ~fh day of Approved by C~~ ppdadm/ord/acsq/bldgs.doc Ordinance No. 01-3967 Page 3 It was moved by 0 ' Donnel 1 and seconded by Champ1 on that the Ordinance as road be adopted, and upon roll call thero wero: AYES: NAYS: ABSENT: X Champion X Kanne ~ X Lehman X O'Donnell ~' Pfab , X First Consideration 4 / 17701 i Se~nd Consideration 5/1/01 Voteforpassage: AYES: 0'Donne]'l, Pfab~ Vanderhoef, Wi]burn, Champion, Kanner, Lehman. NAYS: None. ABSENT: None. Date published 5/23/01 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. _ ORDINANCE A ENDING THE CITY CODE OI=i THE CITY OF IOWA CITY, lOW , BY ENACTING NE SECTIONS NUMBERED 4-2-3, ENTITLED "LOCAL REVI OF TI APPLICATION/INV TIGATION OF APPLICANT"; SECTION 4-2-4, ENTITLED NO CE AND HEARING"; A SECTION 4-2-5, ENTITLED "CIVIL PENALTIES"; EVISING SECTION 4-5-4 ENTI ED "REGULATION OF PERSONS UNDER LE AL AGE"; ENACTING A NEW SE ION 4-5-6 ENTITLED "SALES TO INTOXICATE PERSONS"; AND ENACTING A NEW CTION 4-5-7 ENTITLED "LIMITATIONS ON S ES", ALL OF WHICH PROVIDE FOR THE EGULATION OF ALCOHOL SALES. , , , R m, t i u hav n It r Incr n S r I derage drinking, binge drin tion of alcohol and the n~ afire externalities associated with such behaviors and activities; and \ wHEREAs, sta,e ,aw a.,hori-es iTZo" ,heauthori,y ,o impose administrative penalties for, among other g , I f t AI~ Control provisions of the Iowa Code and ordinances of the City; and \. WHEREAS, it is the intent of the Iowa City City,,Council to holders of liquor control licenses, wine, or beer permits accountable and responsible foi',~fUlly an, y complying with all state laws and city ordinances with respect to the selling and servif patrons; and WHEREAS, the City Council desires to address impacts associated with such activity and conduct through accountability, enforcement, and per and WHEREAS, such accountability, enforcement and are in the best interests of the health, welfare and morals of the citizens of Iowa City, Iowa fo stated above· NOW, THEREFORE, BE IT ORDAINED BY THI COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 4 of the entitled "Alcoholic Beverages" is amended, as follows: I. Adding a new section 4-2-3, entitled Review of Appliaq, tion/Investigation of Applicant" as follows: Section 4-2-3: Local Review of ApI: ~n/I nvestigation of Applicant/ A. It shall be the res applicant fbr a liquor contr01/license, beer permit, or wine permit, or a renewal of an, to obtain the appropriate applicatidn from the City Clerk. B. Prior to submission City Council, the application must be ,submitted to the Iowa City Fire Chief, the Iowa City C of Police, the Iowa City Building Official; and the Johnson County Health Department and County Attorney, each of whom will appf~ove or disapprove the application· It shall be of the Fire Chief Building Official, qnd Health Department to inspect the determine if it complies with all applicable stat~ and local laws, rules, and regulations. of Police and County Attorney shall each make an investigation to determine if the E isof good moral character as defined in Section 123·3(26) of the Iowa Code and the Iowa Alcoholic Beverages Division. With regard to renewal applications, that investig. shall include any relevant informatJion about prior operations under the license or permit· Disapproval of the application by any of the above must be in writing and must set forth the reasons therefore· Each official reviewing the application must complete the investigation and, if applicable, the memo setting forth the reasons for disapproval within five working days following receipt of the application. II. Adding a new section 4-2-4, entitled "Notice and Rearing" as follows: 4-2-4: No! e and Hearing: . . . . . Notice may be 'ven by personal se~ice or first-~lass mail directed to the meager or contact person of the app' ant as listed on the application~ Notice by personal seNic~ must be given at least five days befo the hearing. Notice by first-dlass mail is effective on ~iling and must be given at letYe~~fore the hearing. /,~ III A ~n a ~ , / ' . dd' g new section 4~-5, entitled "Civil Penalties" as follows: // Section 4-2-5: Civil Penalties ~. A. Any violation of state la~local ordinance, o~ the rules of the Beverages Division by any employee, agent, or sedan of a licensee or ~permittee shall deemed to be the act of the licensee or the permittee and shall Nbject the license or licensee or permi~ee to civil penalties, including suspension or revocation. B. The City Council may suspend, a license or permit f not to exceed one year, ~i~ ' ', ' ' '1 penal1 one thousand dollars ($1,000) holder shall be given written notice and ~nity for a I anng in accordance with Section 4-2~. C. A license or permit issued may or a civil penalty may be imposed on the license or permit holder by the of the bllowing causes: 1 ) Misrepresentation of any material fact in~plication for such license or permit. 2) Violation of any of the provisions of Cha ~23, the Alcoholic Beverages Control provisions of the Iowa Code. 3) Any change in the ownershiI ~usiness operated under a Class "A," Class "B," or Class "C" liquor control licens or any ~ne or beer permit, which change was not previously reposed to and a ~ e City C~uncil. 4) Any event which would have res~ in disqualifi~tion from receiving a license or permit ., when originally issued. 5) Any sale, hypothecation, license or p~rmit. 6) The failure or refusal on the of any licensee or petittee to render any repo~ or remit any taxes due of the Iowa Code. D. A license or permit iss~ may be suspended br a p~iod not to exceed one year for violation of any ordinance or dation of the City of Iowa City rela~ng to the purchase, possession, sale, supply, dispensing or g of alcohol when such ordinance ~r regulation has no counterpa~ under State law. E. When a liquor lice se or wine or beer permit is suspended a~er a hearing as a result of s e i I i c until the suspension/has terminated or time of suspension has elapsed, or ninety days have elapsed since the mmencement of the suspension, whichever occurs first. However, this section doe~ not prohibit e premises from bein~ relicensed to a new applicant before the suspension has been purcha ed under contract, and the vendor under that contract had exercised the person's t i or a~nity and if the previous licensee or permi~ee does not have a financial interest in the business of the new applicant. 2 F. A criminal conviction is not a prerequisite to a suspension, revocation, or imposition of a civil penalty pursuant to this section. G. If the cause for suspension is a first offense violation of section 123.49, subsection 2, paragraph "h" of the Iowa Code or section 4-5-4(B) af the City Code, the City Council shall ' pose a I. If any 'censee, wine permi~ee, beer permitt~e, or employee of a licens or permittee is convicted of s ing, giving, or othe~ise supplying any alcoholic beverage, w' e, or beer to any person in violatio of section 123.49, subsection 2, paragraph "h" of the Iowa ode or section 4-5- 4(B) of the City Co , in addition to criminal penalties fixed for such violation , the City Council shall assess a civil penalty s follows: tion, the violator's liquor c~ntrol license or wine ermit or beer permit shall for a period of foudeen da . b.. Upon ~ second convic~io within a period of. two yea~s, ~iolator's liquor control license, c. Upon a third conviction within of three the violator's liquor control license, wine permit, or beer permit shall ~spended for a of sixty days and the violator shall also be assessed a civil penalty nount of $1 d. Upon a fou~h conviction within a of the violatom' liquor control license, wine permit, or beer permit shall be IV. Repealing in its entirety section 4-5-4 in-lieu-thereof a new section 4-5-4, entitled "Regulation of Persons Under Legal Age" Section 4-5~: Regulation of Pemons e A. A person or pemon under legal age not or attempt to purchase, or individually or jointly have alcoholic liquor, wine, or their ~sion or control; except in the case of liquor, wine, or beer given or di~ person under age within a private home and with the knowledge, presence, and con: of the parent or br beverage or medicinal purposes or as administered to by either a or dentist for medicinal purposes and except to the e~ent that a under legal age may le alcoholic beverages, wine, or beer during the regular course person's employment by a or control licensee, or wine or beer permi~ee under this chs 1. A pemon who is legal age, other than a licensee who violates this section regarding the of or a~empt to purchase liquor, wine, or beer, or possessing or havin~ of alcoholic liquor, wine, or beer, a simple misdemeanor punishable by a fi~ one hundred dollam for the first offense. second or subsequent offense shall be misdemeanor punishable by a fine of two ~dmd dollars and the suspension motor vehicle operating privileges for a not to exceed one year. The cour at its discretion, order the pemon who is under age to perform community work under section 909.3A of the Iowa Code, or an alent value to the fine im B. An employee or agent of a person Or club holding a liq~ cense or retail wine or permit shall not sell, give, or othe~ise supply any alcoholic wine, or beer pemon, knowing or failing to exercise reasonable cam to is under legal age, or permit any pemon, knowing or failing to exercise ~able cam to ,~ain whether the person is under legal age, to consume any alcoholic beverage, wine, or beer. 2. Any person who violates this section commits a simple misdemeanor punishable as a s eduled violation under section 805.8, subsect on 10, paragraph "a" of the Iowa Code. . A person under legal age shall not misrepresent the persoWs age for the purpose of purch sing or attempting to purchase any alcoholic beverages, wine, or beer from any licensee or pe.rm ee. If a.ny person under. legal age misrep.resents the persoWs ag~, an~ the licensee. or selling alcoholis liquor, wine, or beer to a person Under legal age. ' V. Adding a new section 4-5-6, entitled "Sales to IntOxicated Persons" as follows: .: ~ / Section 4-5-6: Sales To In~xicated Persons i ,' A person shall not sell, dispense, or give to an intoxicated person, or one si ulating intoxication, any alcoholic liquor, wine, or ~er. A person who viblates this provision sh be guilty of a simple ~isde~eanor. ~lf~~~ C a A. It shall be unla~ul for a holder of a liquor contrbl license permit or beer permit, or its employees or agents, to do any of the following: _1. Sell, offer to sell, dispense or sere for on-p~emi~ two or morn se~ings of any alcoholic liquor, wine, or beer to any o~ P for the price of one such drink. 2. Sell, offer to sell, dispense or sere for consumption an unlimited number of se~ings of alcoholic liquor, wine, or . fixed price or an unlimited number of se~ines for free. 3. Increase the volume of alcoholic wine, or beer contained in a drink ~, for on- promises consumption, without ly increas~g the price charged for such se~ing for such drink. 4 Sell, offer to sell, dis premises ~nsumption any 31coholic liquor, wine, or beer at a reduced thGt normally or customarily charged by the li~nsee or ~. Sell, offer to sell, or sere for on-promises consumption, morn than two (2) se~ings of any ak liquor, wine, or beer at any one time to any one person. With respect to alcohol uor, beer or wine custo~arily sold in quantity, such as pitchera of beer and bottles of v the permittee, licensee, employee or agent shall not sell, offer to sell, dispense or alcohoZic liquor, wine, or beer unless he or she can verify that the person or who will consume such aldoholic liquor, wine. or beer are of legal age. _ permit any game or contest or tournament of any kind which involves drinking any liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize. ~.7 Dis pour, or othe~ise sere any alcoholic liquor, wine, or beer directly into a pemon's B. Nothing in subsection A shall be construed to prohibit a holder of a liqd~r control or wine, or beer permit, or its employees or agents, from: 1. Including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package which includes overnight accommodations. / A event" is one restricted to a particular clroup or persons. shall means or methods by which to identify persons participatina in the.~rivate event, .~ of a separate room or a means to identify such participants. misdemeanor or as a ' t' , ' o ' ' , ' i Title 1, Chapter 4 of this Code, // SECTION II. Repealer. All ~nces and parts of brdinances in provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. section, provi~ of the Ordinance shall be adjudged to be invalid or unconstitutional, such shal validity of the Ordinance as a whole or any section, provision or lot adjudi, d invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: take effect on Jub' Au.qust 1, 2001. I Passed and approved this __ day of ,2001. MAYOR ATTEST: CITYCLERK Approved by: City Attorney's Andy. Ord, Alcohol Prohibitions.12-15-00