HomeMy WebLinkAbout2005-11-07 Public hearing NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 5th day of October, 2005, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will c0n~id0r;
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.
A Copy of the proposed ordinance is on file for
public examination in the office of the City Clerk,
City Hall, Iowa City, Iowa. Persons wishing to
make their views known for Council consideration
are encouraged to appear at the above-
mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Mitchel T. Behr, Asst. City Attomey, 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.
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.
Ordinance No.
Page 2
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: "SIGN: As
defined in Article 14-9C, Sign Definitions" and "PUBLIC 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.
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 renames "Residential/Office Zone (R/O)" to "Mixed Use Zone (MU)",
"Neighborhood Conservation Residential Zone (RNC-12)" to "Neighborhood Stabilization Residential Zone
(RNS-12)", "Neighborhood Conservation Residential Zone (RNC-20)" to "Neighborhood Stabilization
Residential Zone (RNS-20)", 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 unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this day of ,20.~
MAYOR Approved by
CITY CLERK (.~ity Attorney's Office
S:/LEGAL/Mitch/B/Zoning 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
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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
1. 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. Hajor Site Plans
Hajor site plans are required for all of the following types of development:
l. Construction of over 12 units residential development and any additions or alterations
to existing development containing over 12 units residential; or
2. Over 10,000 square feet of nonresidential floor area.
D, Hinor 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 14-5I of the City Code, Sensitive
Lands and Features. The requirements and exemptions for regulated sensitive features are
set forth in Article 14-51. Level I 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
18-2-2, Submittal Requirements. Submittal requirements for Level I Sensitive Areas Review
are set forth in Article 14-5I, based on the type of regulated feature(s) that exist on the
subject property.
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CHAPTER 2. PROCEDURES AND SUBMITTAL
RE UZREHENTS
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.
5. 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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1:1. Plans and proposed methods for the prevention and control of soil erosion for the
development.
~.2. ^ landscapin§ plot plan is required indicatin§ all existing trees ei§ht inches or lar§er
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 landscapin§ intended to
satis~ tree requirements or screenin§ 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.)
:1.3. 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.
;!.7. 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
c~ty.
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.
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B. A change to a more restrictive use, provided there is no change in the amount of off-street
parking as originally approved.
¢. A change in angle of parking or a parking aisle width, provided there is no reduction in the
amount of off-street parking as originally approved.
D. A change in location of the ingress and egress drives of not more than 100 feet, provided
such change is approved by the City and is in compliance with the provisions of Article 14-
5C, Access Management Standards.
E. 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. A change in type and design of lighting 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 :[4-6G, Outdoor Lighting Standards.
(;. A change to increase peripheral yards.
H. The replacement of paved areas with landscaping, provided adequate parking facilities are
retained.
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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
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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 DumpsterAreas
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).
3. 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
14-5! of the City Code, Sensitive Lands and Features.
14. Compliance with Cityt 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 :~, Chapter 4 of the City Code.
10
Date: November 2, 2005
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: Zoning Code; Recommendations from the Land Development Council
This memorandum is to address some of the specific legal issues raised in the LAND
DEVELOPMENT COUNCIL RECOMMENDATIONS TO THE IOWA CITY CITY COUNCIL
REGARDING THE PROPOSED ZONING CODE dated October 26, 2005.
Design Regulations. At pages two and three of the recommendations from the Land
Development Council (LDC), the LDC suggests that a number of the proposed regulations are
being imposed to satisfy particular aesthetic preferences, and states that "[z]oning laws are.
intended to promote the 'health, safety, morals or general welfare of the community", not to
dictate design requirements that may not be desirable for citizens or economically feasible".
The United States Supreme Court has stated that aesthetics are a legitimate basis for land use
regulations. The Supreme Court has indicated that the concept of the public welfare is broad
and inclusive. The values it represents are spiritual as well as physical, aesthetic as well as
monetary. See City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 805 (1984).
Planned Development Overlay Zone. At page six of the LDC recommendations, regarding
the Planned Development Overlay (OPD) procedures, the LDC states that "[i]t should never be
a requirement for a particular type of development that otherwise meets all of the requirements
of the underlying zoning designation". There is no such requirement. Section 14-3A-1 provides
that "(OPD) is established to permit flexibility in the use and design of structures and land in
situations where conventional development may be inappropriate and where modification to
requirements of the underlying zone will not be contrary to the intent and purpose of this
Title..." (emphasis added). Section 14-3A-2 provides that "[a] Planned Development Overlay
Rezoning may be requested, provided the property meets the zoning and size limitations listed
below and falls into one of the categories listed below". It is clear that developments which
meet the requirements of the underlying zoning designation are not required to go through the
OPD process.
Sensitive Areas Overlay. With respect to SAO rezonings, at pages eight through twelve of
the LDC's recommendations, the LDC objects to subjecting all such rezonings, whether they are
requesting waivers of underlying code requirements or not, to the substantive OPD approval
criteria. It is my understanding this was not the intention in drafting the newly proposed zoning
code, but rather that only SAO rezonings requesting waiver of the underlying code requirements
would be subject to the substantive OPD approval criteria, as is the case in the current zoning
code. SAO rezonings requesting no such waivers of the underlying code requirements would
be subject to the OPD procedures, but not the OPD substantive approval criteria. Language to
clarify this can be added to the proposed zoning code.
Neighborhood Open Space Ordinance. At pages thirteen and fourteen of the
recommendations, the LDC argues that the provisions in the City's Neighborhood Open Space
ordinance relating to payment of a fee in lieu of the dedication of neighborhood open space are
November 2, 2005
Page 2
illegal based on the Iowa Supreme Court's decision in Home Builder's Association of Greater
Des Moines v. City of West Des Moines, 644 N.W. 2d 339 (Iowa 2002). However, the LDC's
conclusion disregards the significant differences between the West Des Moines ordinance
deemed illegal by the Iowa Supreme Court in the Home Builders case and Iowa City's open
space ordinance. The fees at issue in the West Des Moines case were flat fees based on the
need to ensure adequate funds for parkland acquisition. The Iowa City ordinance looks first for
dedication of land. In Iowa City, if a fee is collected, it is based on the value of the land the
developer would have dedicated, had the developer made such a dedication, and the fee must
be spent by the City in the Neighborhood Open Space District within which the development is
located. The amount of land to be dedicated is based not simply on number of units or acreage,
but rather, on a formula which incorporates the community standard for active neighborhood
open space.
At pages fourteen and fifteen of the recommendations, the LDC requests that the refund of open
space fees not used by the City within the period of time period provided for in the ordinance be
automatic, rather than upon request of the property owners. For the most part, this is an
administrative and policy issue, rather than a legal issue.
With respect to subdivisions where open space is being dedicated to the City, the LDC has
argued it is not clear to developers when the open space is to be actually dedicated (ownership
conveyed) to the City. Pursuant to Section 14-5K-3C(3), if the prerequisites set forth therein are
met, the open space is to be dedicated within two years of plat approval, by the time the City
issues fifty percent (50%) of the certificates of occupancy for the subdivision, or as otherwise
specified in a written agreement between the City and the subdivider. The proper timing for the
dedication of open space, and the type and extent of ground cover and erosion control
measures necessary prior to dedication, vary between subdivisions, depending on many
factors, including but not limited to the size and location of the open space to be dedicated, as
well as whether or not public improvements (such as a storm water management facility) are to
be constructed by the developer within the open space. For this reason, the timing for the
dedication of open space, as well as the conditions which must be met prior to the dedication
are best addressed in a written "subdivider's agreement" between the subdivider and the City
prior to final plat approval.
Moratorium. At pages twenty through twenty-three of the recommendations, the LDC argues
that the automatic "moratorium" provisions of Section 14-6U-6(F) of the zoning code constitute a
"regulatory taking". The United States Supreme Court has stated that "[m]oratoria are an
essential tool of successful development". See Tahoe-Sierra Preservation Council v. Tahoe
Regional Planning Aaenc¥, 535 U.S. 302, 304 (2002). Cases involving regulatory takings and
land use moratoria typically deal with undue financial burdens on landowners when compared to
the public purpose of the moratorium, and generally involve moratoria lasting much longer than
sixty days. Based on the short duration and limited scope of the moratorium provisions of 14-
6U-6(F), it is my opinion that the provisions of Section 14-6U-6(F) do not constitute a regulatory
taking. The purpose and effect of the moratorium provisions of 14-6U-6(F) are clear: to
temporarily prohibit, for sixty days within any twelve-month period, new development activity the
Council is formally considering permanently prohibiting or regulating more closely. If the
Council does not adopt the proposed change within sixty-days after setting public hearing on it,
the moratorium expires. It is also worth noting that during the sixty day moratorium, landowners
are able to proceed with new development activity if such development is in compliance with
both the zoning code regulations in effect at the time and the proposed amendments under
consideration by the City Council.
November 2, 2005
Page 3
Vested RiRhts. The final request at page 23 of the LDC recommendations is to add specific
language to the zoning code to "grandfather in projects that have already begun
construction or that have already received final plat approval". Under Iowa law, the question of
whether a project is "grandfathered in" depends on whether the landowner has acquired "vested
rights". Analysis of whether a particular project has acquired "vested rights" requires an
application of the law to the specific facts of each particular case. Pursuant to Section 14-6U-
6(F) of the current and proposed zoning code and Iowa land use law, if a developer obtained a
building permit under the current zoning code and commenced a "substantial part" of the
construction prior to setting of the public hearing on the newly proposed zoning code (or prior to
the adoption of the new zoning code if it is not adopted within sixty days of setting of the public
hearing), the developer will have acquired vested rights and will be entitled to complete the
construction pursuant to the building permit. Final plat approval, in and of itself, does not grant
a property owner vested rights to construct under the provisions of the zoning code in effect at
the time the plat was approved.
cc: Stephen J. Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Karin Franklin, Director, Planning & Community Development
Bob Miklo, Senior Planner
Karen Howard, Planner
Doug Boothroy, Director, Housing & Inspection Services
Mitch Behr, Assistant City Attorney
Page 1 of 1
Marian Karr
From: Steve Gordon [sgordon@ammanagement. net]
Sent: Tuesday, November 01, 2005 10:45 PM
To: council@iowa-city.org
Subject: Duplex on Longfellow Place
Mr. Mayor and City Council Members
I was unable to make the meeting of November 1,2005 but was able to watch the last part of the meeting after putting the
kids to bed. I listened with interest to the discussion about the bid for the duplex on Longfellow Place.
It is my understanding that this is for an affordable housing program and that the land is not included in the bid. If this
duplex were put on the open market, you would have to add the cost of the land (I will assume 40,000 for a duplex lot)
and the marketing and selling costs. This would all add up to a sale price of $175,000 per unit. This is a very high price for
a single unit that is % a duplex building.
You all had concerns about the cost and rightly so. I do not know anything about the unit being built but I will offer a few
items that could be part of the high cost. Size is first and foremost, the larger the unit the more the cost. If this home
needs to be a large unit, say 2000 sq. ft., to meet the goals of the program, then the cost does not seem out of line.
Interior and exterior finish can make a difference. Brick vs. vinyl exterior, flooring, cabinets, appliances etc. can all make a
big difference in price. Design of the home can also make a difference in cost, items like does the design have a simple or
complex roofline, basement or no basement, number of garages etc.
We have recently sold a 1600+ sq. ft. duplex, 3-bedrooms, 2 % baths, nice kitchen, dining room, living room and a 2-car
garage in Iowa City for $150,000. If you back out the lot cost and the marketing and selling costs you get a building cost
per unit of $120,000 or a total building cost of $240,000.
We all realize the importance of providing affordable and subsidized housing for the citizens of this area, but I believe you
made the right decision in requiring this project to be re-bid. $175,000 for a % of a duplex seems to be excessive for an
affordable housing program. As I said, I know nothing about the duplex, but unless it is a large size to meet the
requirements of the program, it seems we can do better.
I would be happy to review the site plan and house plan and give a private sector opinion on cost saving measures. I
would also be happy to give a bid on the project if our company can be bonded and it is cost effective to do so.
Thanks
Steve
11/1/2005
Mike McLaughlin
(ph): 319-631-3853
Over 200 years ago the founders of this country drafted a constitution based on
the ideals of life, liberty, freedom, justice and the pursuit of happiness. Tonight we
consider a proposal that wood make some areas of this town, close to 90% non-
compliant in regards to civic permitted non-related occupancy. This proposal doesn't just
affect near downtown, but all areas of town. It eliminates some zones, in regard to
occupancy limits, and makes those zones similar to the vast majority of zones in the
entire city. Aren't these proposed property controls akin to the controlled lifestyles that
our ancestors fled; to find a land of new opportunity? Let us consider these facts. Iowa
City is the only community in the state that utilizes conservation districts. The historic
review committee is filled with applications, because of civic required procedures for
remodeling in the ever expanding historic and conservation districts. At what point do
we arrive at too much civic control?
There is already in place a plan to shift the high density living to the
neighborhoods south and east of downtown, evidenced by the areas proposed to be
rezoned from business to high density residential. As these areas become developed, the
location as well as the allure of new living space will draw the tenants.
The non-related occupancy reduction in the residential neighborhoods is to insure
that shift of living to the higher density housing areas. This proposal will economically
deter any new rental house applications and freeze current permitted uses of existing
rental properties. However, this will draw the life and value out of many neighborhoods,
over time, since changes in use won't be practical to meet changes as they occur in the
rental market. Additional explanations were exemplified in my earlier presentations. Is
this second step necessary? Is this the legacy that we want to be remembered for? Please
consider this proposal with careful forethought and devise a less disruptive plan for our
near downtown neighborhoods.
Let us ponder this paradox as we consider this code proposal: We are very
protective of our historic districts, many of which were created with much less civic
control and design, if any. With much more civic control and design, what history will
be created? What history will be prevented?
Mike McLaughlin
(ph): 319-631-3853
Tonight I would like to present my objections to Article E, page 213,
Nonconforming Situations. Section 14-4E-2 Types of Nonconforming Situations. Letter
E, Nonconforming Residential Occupancy. It is now proposed that the former
occupancy, once permitted and now grandfathered-in, makes this use a nonconforming
residential occupancy use. This creates an instability in the neighborhood values where
you have a significant number of rented homes, because any home that does not have that
rental permit will experience a supressed value. The value in these neighborhoods is
heavily weighted on the potential income that can be generated by its rental. The
individuals who will feel this loss are the current owners of homes they live in. The
value lost may reach up to $40,000. Future owners who will buy these homes to live in,
will feel this same impact of occupancy reduction when they in mm look to sell that
home. This is due to the current city policy that does not allow an owner-occupant to
maintain a rental permit for a formerly permitted residence, at the higher occupancy
levels. I request that the former occupancy limits be allowed without making a property
nonconforming.
Section 14-4E-3, page 214, Letter C, Determination of Nonconforming Status. It
is my belief that the burden of proof that a nonconforming use is not legal should rest
upon the City. The City has maintained all these records over the years, whereas
ownership may have changed several times. It would be unconscionable, if not
impossible, to make a current owner produce records from several different owners, some
who may not be living. It is also a conflict of interest for the City to have all the records,
but not be required to produce these in a determination. This change would bring the
City policy in alignment with the Iowa code. I also request that the rental permits be
expanded to include the defined use, the zone and all grandfathered items and respective
dates to provide clarity for each permitted residence.
Section 14-4E-4 Nonconforming Single-Family Uses, Page 214, Right 1,
discusses the right to re-establish in the event of a major catastrophic event, however
under A. above the occupancy formerly allowed is excepted from this right. I request
that the former occupancy be allowed, to avoid financial hardship to the owner.
Therefore I request this exception to be stricken.
Section 14-4E-5 Regulation of Nonconforming Uses, page 216, Letter E.
Damage or Destruction. Items 1 and 2 limit restoration of a nonconforming use to 75%
of assessed value in the event of a major catastrophic event. I request that the former use
be allowed, to avoid financial hardship to the owner. Therefore I request this item be
stricken.
Section 14-4E-6 Regulation of Nonconforming Structures, page 217, Letter C,
Damage or Destruction. Items 1 and 2 limit restoration of a nonconforming structure to
75% of assessed value in the event of a major catastrophic event. I request that the
former type of structure be allowed, to avoid financial hardship to the owner. Therefore I
request this item be stricken.
Section 14-4E-7 Regulation of Nonconforming Lots, page 217, Letter D, limits
restoration of a nonconforming uses and structures to 75% of assessed value in the event
of a major catastrophic event. I request that the former use and structure be allowed, to
avoid financial hardship to the owner. Therefore I request this item be stricken.
Chapter 9. Definitions, page 394, Household. I recommend that current
occupancy levels be maintained to the existing code to avoid instability in property
valuations of neighboring properties, as mentioned above. This will also allow current
owner-occupants to maintain the same number of roomers to help pay for their monthly
expenses, such as mortgages, property taxes, utilities, etc. This will also allow furore
homeowners to qualify for more lending, approximately $32,000 per roomer, since the
income from a single roomer may provide up to $400 toward monthly expenses.
P&Z Recommended Draft 14-4E
09/08/05 Nonconforming Situations
Article E. Nonconforming Situations
The purpose of this Article is to regulate nonconforming situations. Nonconforming situations are created
when the zoning designation is changed or the zoning regulations are changed such that an existing
lawfully established use, structure, lot, or development no longer complies with the zoning regulations.
The intent of these regulations is not to force all i~onconforming situations to be immediately brought into
conformance. Rather, the intent is to guide future uses and development in a direction consistent with
City policy, to protect the character of an area by reducing the potential negative impacts fi'om
nonconforming situations, and, over time, to bring development into compliance with the City's
regulations.
A. Nonconforming Use
A nonconforming use is a use that when established was a permitted use, was allowed as a
provisional use, or was approved as a special exception, but which subsequently, due to a change in
the zone or to the requirements of the Zoning Code, is no longer allowed. This definition includes
residential uses that exceed the allowable residential density of a zone (minimum lot area per unit
requirements) and uses that exceed the maximum floor area ratio or maximum floor area standards
specified for a particular use or zone.
B. Nonconforming Structure
A nonconforming structure is a structure or portion ora structure that was established in
conformance with the setback, building height, building width, lot coverage standards, or other
requirements or standards of the Zoning Code that relate to the design of the building or structure,
but which subsequently, due to a change in the zone or to the requirements of the Zoning Code, is
no longer in conformance with one or more of these standards.
C. Nonconforming Development
Nonconforming development is an element of a development, such as a parking area, a loading area,
outdoor lighting, landscaping, screening, or signage that was established in conformance with the
Zoning Code, but which subsequently, due to a change in the zone or to the requirements of the
Zoning Code, is no longer in conformance with the current applicable standards.
D. Nonconforming Lot
A nonconforming lot is a lot of record that was established in conformance with the minimum lot
area, width, and frontage requirement of the Zoning Code, but which subsequently, due to a change
in the zone or the requirements of the Zoning Code, is no longer in conformance with one or more
of these requirements.
fi. Nonconforming Residential Occupancy
Nonconforming occupancy is the occupancy of a residential use that was established in
conformance with the occupancy standards of the City Code, but which subsequently, due to a
change in the zone, a change in the definition of"household," or any other change in the occupancy
standards of the City Code, is no longer in conformance with the current, applicable residential
occupancy standards.
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09/08/05 Nonconforming Situations
A. Continuation of Nonconforming Situations
Legal Nonconforming Situations are allowed to continue in accordance with the provisions of this
Article.
B. Continuance of Unlawful Uses
Nothing in this Article shall be interpreted as authorization for the continuance of the use of a
structure or land established unlawfully in violation of the regulatious in effect at the time that the
use or structure was established.
C. Determination of Nonconformin§ Status
The burden of establishing that a nonconforming situation is a legal nonconforming situation rests
solely upon the owner of such nonconformity.
Repairs and I~laintenance
Incidental repairs and routine inaintenance of a nonconforming use or nonconforming structure is
permitted unless such repairs increase the extent of nonconformity or are otherwise expressly
prohibited by provisions of this Title. Nothing in this Article shall be construed to prevent structures
from being structurally strengthened or restored to a safe condition in accordance with an official
order of a public official.
Except with regard to the occupancy, any single-family use, structure for a single-family use,
including any accessory structures, and any lot on which a single-family use is located, that was
established lawfully prior to the establishment of the currently applicable development regulations
and, due to a change in the regulations, is no longer in conformance with the provisions of this Title,
will generally be treated as conforming for as long as the dwelling is used for a single-family use.
Accordingly, the following rights are granted under this Article:
1. A nonconforming single family use may be re-established and its structure reconstructed if the
structure for the nonconforming single family use is destroyed or damaged by fire, explosion,
act of God or by a public enemy.
2. A nonconforming single family use may also be expanded, repaired and structurally altered,
provided such expansion or alteration does not increase or extend any other nonconforming
situation on the property. However, ifa nonconforming Single Family Use is changed in order
to increase the occupancy beyond that ora family or group household, the property must be
brought into full compliance with the number of required off-street parking spaces.
3. A nonconforming structure that contains a single family use may be restored to the same
degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God or by a
public enemy. Such a structure may also be repaired or structurally altered, provided such
construction does not increase or extend the degree of nonconformity and does not increase or
extend any other nonconforming situation on the property.
4. A nonconforming accessot3~ structure to a single family use may be restored to the same
degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God or by a
public enemy. Such a structure may also be repaired and structurally altered, provided such
construction does not increase or extend the degree of nonconformity and does not increase or
extend any other nonconforming situation on the property.
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09/08/05 Nonconformh~g Situations
5. A nonconforming lot that contains a single family use is granted tile same rights as listed iu
paragraphs 1. through 3., above, and will be treated as if the lot were conforming.
Except as otherwise provided in this Article, nonconforming uses shall be regulated as follows.
.4. Enlargement or Alteration
1. A nonconforming use shall not be enlarged.
2. A structure that contains or is accessory to a nonconforming use shall not be constructed or
altered iu such a way as to enlarge tile nonconforming use.
3. Ordinary repair, maintenance, and remodeling are allowed as long as the uonconforming use is
not enlarged. For purposes of this provision, changes made to provide safe access to a building
for persous with disabilities is not considered an enlargement.
B. Change of Use
I. A nonconforming use may be converted ouly to another use in tile same use category and
subgroup or to a coufonning use, except as provided in paragraph 2, below.
2. The Board of Adjustment may grant a special exception to allow a nonconforming use, which
is located in a structure not designed fora use allowed in the zone, to be converted to a
nonconforming nse in a different use category or subgroup that is the same or lesser in
intensity than the existing use, provided the following conditions are met:
a. The proposed use will be located in a structure that was designed for a use that is
currently not allowed in the zone, for example a storefront commercial building located
in a single family residential zone.
b. The proposed use is of tile same or lesser level of intensity and impact than the existing
use. The Board of Adjustment will make a determination regarding the relative intensity
of the proposed use by weighing evidence presented by the applicant with regard to such
factors as anticipated traffic genera'r;on, parking demand, hours of operation, residential
occupancy, noise, dust, and customer and/or resident activity. The Board of Adjustment
may also consider qualitative factors such as whether a proposed use will serve an
identified need in the surrounding neighborhood.
c. The proposed use is suitable for the subject structure and site.
d. The structure will not be structurally altered or enlarged in such a way as to enlarge the
nonconforming use. Ordinary repair and maintenance and installation or relocation of
walls, partitions, fixtures, wiring, and plumbing is allowed, as long as the use is not
enlarged.
3. Once a nonconforming use is converted to a conforming use, it may not be converted back to a
nonconforming use.
4. Once a nonconforming use is converted to a less intensive nonconformiug use in accordance
with paragraph 2, above, it may not be converted back to the prior nouconforming use.
5. A use is deemed "converted" when an existing nonconforming use is terminated and a new use
commeuces and coutinues for a period of seven consecutive days.
215
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09/08/05 Noncol~forming Situations
C. Occupancy ora Nonconforming Use
1. The occupancy ora uonconforming Household Living Use is limited to one Household or one
Group Household, as these terms are defined in the zone in which the use is located. If located
within a zone for which a definition of Household has not been established, the occupancy is
limited to one Household or one Group Household, as these terms are defined for the RS
Zones. However, if nonconforming rights have been established with regard to occupancy
according to the provisions of Section 9 of this Article, the maximum occupancy shall be the
number of persons as determined according to the provisions of Section 14-4E-9.
2. Tile occupancy of a nonconforming Group Living Use is limited to the maximum density and
maximum occupancy as allowed in the RM-20 Zone or as documented as legally
nonconforming occupancy according to the provisions of 14-4E-9.
O. Accessory Uses
l. A nol~conforming use is permitted to have tile salne amount and type of signage as would be
allowed for such a use in the most restrictive zone in which the use is allowed.
2. No use, including parking and signage, that is accessory to a principal nonconforming use
shall continue after the principal use has ceased or been terminated unless the accessory use
thereafter conforms to alt provisions of this Title.
E. Damage or Destruction
l. Any structure for a nonconforming use which has been destroyed or damaged by fire,
explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed
value of the structure may be restored for the same nonconforming use as existed before such
damage. However, the nonconforming use must not be enlarged to more than existed before
such damage occurred. Any such restoration must be completed within 2 years of the date the
structure was destroyed or damaged; othe:wise the property must revert to a conforming use.
2. A lot or portion of a lot on which is located a structure for a nonconforming use that has been
destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75
percent or more of the assessed value of the structure must revert to a conforming use.
3. For purposes of this subsection, the extent of the damage will be determined by the Building
Official based on credible evidence provided by the property owner.
F. Discontinuance of Nonconforming Use
Except as allowed in subsection E, above, a nonconforming use that is discontinued for a period of
one year must revert to a conforming use or, in qualifying situations, may apply for a special
exception according to the provisions of subsection B, above.
A. Enlargement or Alteration
1. A nonconforming structure may be structurally altered or enlarged, provided it is structurally
altered or enlarged in a way that will not increase or extend its nonconformit3~.
2. Any nonconforming structure that is relocated on the same lot must thereafter conform to the
applicable setback, building height, building width, and lot coverage stm~dards.
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09/08/05 Nonconfom~ing Situations
B. Change of Use
1. Ally nonconforming structure containillg a conforming use may be converted to another
conforming use, provided the conversion does not result in an increase in the degree of
nonconformity of the structure.
2. Ally nonconforming structure containing a nonconforlning use may ouly be converted to
auother use in accordance with the provisions of Section 5 of this Article, Regulation of
Nonconforming Uses, and provided the conversion does not result in an increase in the degree
of nonconformity of the structure.
C. Damage or Destruction
1. Any nonconforlning structure that has been destroyed or damaged by fire, explosion, act of
God or by a public enemy to the extent of less than 75 percent of the structure's assessed value
may be restored to the same degree of nonconformity or less. Ally such restoration must be
completed within 2 years of the date the structure was destroyed or damaged; otherwise the
structure may not be restored, except in compliance with the provisions of this Title.
2. Except for designated Historic Landmarks or key or contributing structures in a Historic
Preservation Overlay Zone, a nonconforming structure that has been destroyed or damaged by
fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the
structure's assessed value may not be restored except ill compliance with the provisions of this
Title.
3. A nonconforming structure that is a designated Historic Landmark or a key or contributing
structure in a Historic Preservation or Conservation District Overlay Zone may be
reconstructed upon its original foundation or the site of the original foundation regardless of
the extent of the damages, provided it is reconstructed as nearly as possible to the original
exterior design. A certificate of appropriateness from the Historic Preservation Commission is
required prior to commencing reconstruction.
4. For purposes of this subsection, the extent of the damage will be determined by the Building
Official based on credible evidence provided by the property owner.
A. Any conforming use or structure for a conforming use may be established or installed on a lot of
record that is nonconforming with regard to lot frontage or lot width, provided the minimum lot area
required for the use is met and provided the use or structure meets all other requirements of this
Title.
B. Any use or structure for a use, either one of which requires more lot area than presently exists, is
prohibited; except, as provided in paragraph C, below.
C. In any zone in which Single Family Uses are permitted, a Single Family Use and accessory
structures may be established on ally lot of record, notwithstanding failure to meet the minimum lot
area requirement of the zone in which the lot is located.
D. All existing conforming and nonconforming uses and structures located on a nonconforming lot will
be treated as if such uses and structures were established on a conforming lot. However, no use or
structure for a use, either one of which requires more lot area than presently exists and the structure
of which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the
extent of 75 percent or more of the assessed value of the structure, shall be restored, except in
compliance with the provisions of this Title.
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09/08/05 Nonconforming Situations
E. If two or more abutting lots (or portions thereof), one or more of which are nonconforming, become
in single ownership, the land involved shall be deelned a single parcel for the purposes of this
Article, and no portion of said parcel shall be sold or used in a manner which diminishes
compliance with lot frontage, width and area requirements, except as allowed in subsection F,
below, by special exception.
F. In cases where two or more abutting lots of record have become in single ownership and are deemed
a single parcel as set forth in subsection E of this Section, the Board of Adjustment may grant a
special exception to re-establish a lot of record previously combined with an adjacent lot in order to
allow a single-family dwelling and accessory buildings to be installed on said lot, notwithstanding a
failure to meet the requirements of the zone for lot area or lot width, provided the following
conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with
surrounding residential development;
2. The dwelling must be located on a lot of record that is at least 40 feet in width; and
3. The request meets all other standards and requirements of this Title, including setback and
frontage requirements.
A. General Provisions
1. Except as otherwise prohibited or allowed in this Article, a use or structure located on a lot
that contains nonconforlning development may be enlarged or structurally altered, provided
such enlargement or alteration does not increase or extend the nonconformity.
2. Upon conversion to a new use, any lot that contains nonconforming development must be
brought into compliance with the base zone and site development standards, except as
otherwise allowed in this Title.
B. Nonconforming Parking and Loading
1. If a non-residential use, which is nonconforlning with regard to the required number of
parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an
increase in the number of required spaces over the existing situation, only the number of
spaces relating to the enlargement need to be provided.
2. If a residential use, which is nonconforming with regard to the required number of parking,
stacking, or loading spaces, is changed in any way such that there is an increase in the number
of required spaces over the existing situation, the property must be brought into full
compliance with the number of spaces required.
3. Any portion of a nonconforming parking area or loading area that is reconstructed or
expanded, must be brought into compliance with all applicable construction, design, location,
and screening and landscaping requirements.
4. Whenever a use, which is nonconforming with regard to the provisions of Chapter 5, Article
A, Parking and Loading Standards, is enlarged by less than 50 percent in floor area, the
property must be brought into compliance with the development standards listed below.
a. Applicable perimeter parking lot landscaping and screening requirements;
b. Any new parking area must meet all applicable construction, design, location, and
landscaping requirements.
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09/08/05 Nonconforming Situations
5. Whenever a use is enlarged by one or more additions, the sum total of which increases the
floor area by 50 percent or more, the property must be brought into full compliance with the
provisions of Article 14-5A, Parking and Loading Standards, except as allowed in paragraph
1, above, and auy applicable parking location and perimeter landscaping and screening
requirements of the base zone.
6. A use that is nonconforming with regard to the required number of parking, stacking, or
loading spaces may be converted to a use in another use category or subgroup without full
compliance with the number of parking, stacking, or loading spaces, according to the
following rules:
a. If the number of required spaces for the converted use is more than what was required
for the established use, only the number of spaces beyond what was required for the
established use need to be provided. These spaces are in addition to any spaces already
in existence on the site.
b. In addition to any additional spaces required in subparagraph a., as many spaces as the
lot will accommodate must be provided, up to the number needed to fully comply with
the standard.
C. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over time as set forth
below:
1. All lawfully established signs that become i~onconforming due to a change in zoning or a
change in the development regulations are permitted to remain as nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner as to
avoid it becoming a hazardous sign.
3. Other than for routine maintenance, ifa nonconforming sign is changed or altered in any way
it must be brought into compliance with the provisions of Article 14-5B, Sign Regulations.
However, nonconforming signs that are deemed historic, signs for a historic structure and
signs on structures in a Historic Preservation Overlay Zone may qualify for a special
exception as described in paragraph 4, below.
4. The Board of Adjustment may grant a special exception to allow changes to a nonconforming
sign, provided the following conditions are met:
a. The sign must be located on a property designated as an Historic Landmark, a property
registered on the National Register of Historic Places, or on a property listed as a key or
contributing property in an Historic Preservation or Historic Conservation Overlay Zone.
b. The sign must fall into one of the following categories:
(1) The sign is in keeping with the architectural character of an historic structure and is
appropriate to a particular period in the structure's history; or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the community or
neighborhood in which the sign is located.
c. At the time of application for the special exception, changes to the subject sign must be
approved by the Historic Preservation Commission through a certificate of
appropriateness. If the Board of Adjustment grants a special exception for the sign, any
subsequent changes to the sign do not have to be approved by the Board of Adjustment,
219
P&Z Recommended Draft 14-4E
09/08/05 Nonconforming Situations
but do require a certificate of appropriateness from the Historic Preservation
Commission.
d. If the sign is not maintained according to the provisions of Article 14-5B, Sign
Regulations, and becomes hazardous, the City may request that the Board of Adjustment
revoke the special exception.
D. Nonconforming Landscaping/Screening
Whenever a use is enlarged by one or more additions, the sum total of which increases the floor area
by 10 percent or more, the property must be brought into full compliance with any applicable
screening and landscaping requirements of the base zone and of Article 14-4B, Minor
Modifications, Variances, Special Exceptions and Provisional. In addition, such a property must be
brought into full compliance with Street Tree and Residential Tree requirements contained in
Article 14-5E, Landscaping and Tree Standards. Rules governing the provision of trees and
landscaping for nonconforming parking and loading areas are stated in subsection B, above,
Nonconforming Parking and Loading. The City may waive any landscaping or screening
requirement that cannot be met due to a conflict with any other requirement of this Title. Conflicts
with non-required elements of a development do not qualify for this waiver.
E. Nonconforming Outdoor Lighting
1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must
be brought immediately into compliance if it is possible to re-aim the existing fixture.
2. Upon repair, replacement, or relocation of any luminaire, such iuminaire must comply with
any applicable requirement that it be fully shielded.
3. Whenever a use, which is nonconforming with regard to the provisions of Article 14-5G,
Outdoor Lighting Standards, is enlarged by less than 50 percent in floor area, any new outdoor
lighting installed due to the enlargement must fully comply with the Outdoor Lighting
Standards. Existing nonconforming lighting may remain, except as specified in paragraphs 1.
and 2., above.
4. Whenever a use is enlarged by one or more additions, the sum total of which increases the
floor area by 50 percent or more, the property must be brought into full compliance with the
provisions of Article 14-5G, Outdoor Lighting Standards.
A. The maximum occupancy of a Residential Use is determined by the Building Official according to
the definitions and regulations contained in Title 14: Zoning, and the regulations contained in Title
17: Building and Housing. Nonconforming rights are only granted to those uses for which the
residential occupancy has been officially determined by the Building Official and has been recorded
on the most recent rental permit, except as allowed in subsection C, below. All other Residential
Uses must comply with the current, applicable residential occupancy standards of Title 14 and Title
17. ~'Once brought into compliance with the current, applicable occupancy standard a use may not
reve~ back to a nonconforming occupanc~
B. A residential dwelling unit that is legally nonconforming with regard to the residential occupancy
standards as described in subsection A or subsection C of this section may continue with the same
occupancy as~dicated on said rental~ermit or as determined under the provisions of subsection C.
However, the[u, se may not be enlarge, d~or the occupancy increased, unless it is brought into
compliance with the current, applicable occupancy standards.
220
P&Z Recommended Draft 14-4E
09/08/05 Nonconfor~ning Situations
C. The maximum occupancy, as determined by the Building Official based on the applicable
regulations effective March 1, 2005, will be applied to any residential use for which a valid building
permit was issued on or prior to March 1, 2005 and/or for which a valid rental permit was issued
prior to (insert effective date of new ordinance), the effective date of the current maximum
occupancy regulations. For such uses, legal nonconforming rights will be granted for this maximum
occupancy.
221
Mayor And City Council Nov 7 public hearing.
The new Rsc zone says it is supposed to stabilize the neighborhood. This
new code will shrink the neighborhood. If you goal is to maintain a neighborhood in the
same state you cannot do it by over time removing 1-/4 of the revenue in many homes.
The new code has created a new Group of houses called nonconforming residential
occupancy. This new group will be over 1000 houses that have this title if the new code
goes through as printed. This will be the houses that now have rental permits for 3 or 2
roomers that will go 2 or 1 roomer by the new code. We have been told by zoning that
they are going to grandfather in all of our current roomers as nonconforming. However
the very definition of nonconforming in the reviewers guide says the purpose is to over
time eliminate the non conforming situations. It even goes on to say they maybe
considered a nuisance. Then may be brought into compliance more quickly
I have had several conversations with the rental housing dept. I have been told that if a
house becomes owner occupied the permit will be revoked because it is not a rental use.
This is another new term. The nonconforming rental occupancy will be revoked and can
never be obtained again. For a single family that wants to rent out a house to help make
payments. This is a loss of about $400 a month. Or about $50.000
of a loan they could qualify for, this is very important for first time home buyers.
In the new code in a single family dwellings there are separate uses for rental and owner
occupied houses. You cannot have fair and legal use of property if you are going to call
single family rental and single family owner occupied different uses.
And then give different rights to one or the other. Zoning code determines what the rental
equivalent of a family is in each zone and this should remain constant weather it is owner
occupied or rented. Under the new code an owner-occupied person would have to rent
out rooms to his kids to keep his rental permit. Or would that not count because they are
part of a household. Would they have to be 18 or would that not count because they are
still related be blood? So the only choice would to be to rent out a room to a non related
person but since you live in the house you could only rent to 1 roomer or would it be two
because you are renting. Would your rental permit still be valid? Is the city going to have
to create another new use called owner-occupied rental.
Two places in the new code there is a line that says the burden to show different
occupancies are legal fails solely on the owner. With different occupancies for rental
use and resident use this is unfair, These occupancies were set by the city. The legal
status for each property was taken into consideration. The rental permit does not list set
backs parking variances lot size easements grandfathered in roomers special exceptions
and a host of other considerations. These were all taken into consideration when
occupancy was established. This line gives the city the right to lower occupancy on any
rental permit and challenge the owner to show any and all reasons why any
nonconforming status is legal. The city should work together to with an owner to resolve
a problem and not try to put it on the owners. Each party should have equal responsibility
and all remedies by law. Iowa code states that in an unclear situation the benefit to the
doubt must go to the property owner this line is in direct conflict the spirit of the Iowa
code and gives un fair weight to whatever view the city may have..
For example the city says once a house is brought into conforming status it cannot go
back. If you rent a 4 br to only three people are you now conforming? can the
city reduce your permit? The city could do this with any house and say you need to
produce rental leases back to 1983. This has been requested by the city before. Burden of
proof to change an occupancy set by the city must fall on the city. Most of these cases
will come up for single family owners who purchase a house with a rental permit. If a
person lives in his house and rents it out and the city lets him keep his rental permit
does he have to rent it out to the full value of a permit to keep his value?
There is an ongoing argument as to whether or not a house is more valuable as a rental
or single family. This comes down to what street it is on or how close it is to down town.
One thing is for sure the value drops greatly as a rental if it is allowed less roomers.
Houses should be sold on the merit of what has the most value. The city should not be in
a position that forces them to decide weather a rental or owner occupied house has the
most value and in what zone. The New code clearly says if this house ever goes to owner
occupied it could never go back to the old occupancy. A buyer of a home should have all
the resale options available to him that were available to the person who sold it to him
especially if he is planning to live in it, or live in it and rent. I don't buy houses in owner-
occupied zones unless they are very rundown. When houses in these areas are restored by
us many times they are bought as homes. The market should determine the value of a
house as a rental of a single family not the zoning code.
The new category of nonconforming Residential Occupancy should be eliminated
there is no need for it. Existing roomers should be conforming under the new code.
This new occupancy group would for the first time create a situation where single family
houses now have two uses rental occupancy or owner occupied occupancy. If The city is
going to do this what happenings when an owner wants to live in his house and rent it
Are we going create another new category for owner occupied rental. Does that rental get
to keep it's roomers or not? A single family use has to be single family use regardless of
weather it is owner occupied or a rental. You should also note that there is no specific
guideline as to the rites of the newly created nonconforming residential occupancy, it is
not in the new code. If the building is destroyed it is unclear what happens in fact the
entire life of the nonconforming rental occupancy is unclear.
If the city Truly does want to stabilize these zones There must be three changes in the
new code.
#1 The roomers that are conforming under the old code must be conforming under the
new code. Any new roomers would have to meat the new restrictions. This is simple
and fair solution. There would be no 1000 houses with nonconforming occupancies.
There would be no need for the new code nonconforming residential occupancy category
because there would be no one in it. (Roomers on an existing a permit are conforming.
And roomers of a new permit would be conforming at the lower level)
The roomers from the old code would be conforming roomers. And supported by a rental
permit that would stand as long as the fees were maintained and inspections were done.
This will guarantee that the houses would not loose value by having the stigma of
nonconforming attached to them. They are conforming now and should remain so in the
new code. This also would allow owner occupied buyers to purchase, live in, rent and sell
a home with all the same fights that a landlord would receive.
#2 The different uses for single family owner-occupied and single family rental must
be eliminated. They could and would discriminate against both parties. There would be
no need for separate uses if the neighborhood is stabilized. Making current roomers
conforming would give all owners the same fights on any given house Rental and
resident alike.
#3 The wording that places burden of proof soely on the homeowner needs to be
removed. City records are slim in some areas. The rental permit has an occupancy on it
should be proof enough with out having to be proved over again when bought and
sold. The city and owner should work together and have all remedies available by law for
each. The city should not have the wrights to add an ordinance that puts all burden on the
landlord when they have control of all the records and determined the occupancy in the
first place. Again if the roomers remain conforming we will not need to decide if there is
a rite time to boot them out.
Thank you Greg J Allen
CYNTHIA E. PARSONS
ATTORNEY AT LAW
StnTE 300, BREWERY SQUARE
123 NORTH LINN STREET
IOWA CITY, IOWA 52245
OFFICE PHONE FAX
(319) 337-9659 EMAIL: cparsons@icialaw.com(319) 354-0559
MEMORANDUM
Date: November 7, 2005
Re: Proposed Zoning Ordinance
There are several provisions in the proposed zoning ordinance which are troublesome, as
they will create numerous properties with nonconforming residential occupancy, which is an
undesirable outcome. In addition, Article E of the proposed code, which regulates
Nonconforming Situations, is subject to interpretations which may be problematic in the future
when applying for building permits for improvements to properties with nonconforming
residential occupancies. The specific problems are outlined below.
I. Under Section 5, the number of unrelated persons allowed within a dwelling unit will be
reduced by one in RS-12, RNS-12, RM-12, RNS-20 zones. This will create hundreds of
properties which will have nonconforming residential occupancy status.
The creation of nonconforming properties, whether it be nonconforming occupancy,
nonconforming structure, or nonconforming use, is not desirable. Future redevelopment of these
properties to their present standard of occupancy, structure, or use becomes difficult if not
impossible. In certain areas, such as the South Lucas Street, South Governor Street, South
Dodge Street and Bowery Street areas, the majority of structures will now become
nonconforming, due to the high percentage of rental properties already located in this area.
Passage of the new zoning code will transform many of these properties into the status of
"nonconforming residential occupancy". The proposed Code is not clear as to what
improvements on structures with nonconforming residential occupancy will be allowed, and
some of this will be subject to interpretation by building officials. Structures with
nonconforming residential occupancy may therefor more likely be allowed to deteriorate rather
than risk losing the nonconforming occupancy by applying for building permits for
improvements on these structures.
II. The language in Section 14-4E-9 is not clear as to what can be done with properties
having nonconforming residential occupancy, in the event of partial or total destruction.
Although section 14-4E-9 will allow the present occupancy to be continued, this is only
so long as the current structure continues to be in use. In the event the structure is destroyed or
damaged, it appears that the property would have to be rebuilt to the new occupancy standard.
There is no provision in Section 14-4E-9 (Regulation of Nonconforming Residential Occupancy)
which directly addresses that issue, such as there is for Nonconforming Single-Family Use (see
Section 14-4E-4(A)(4)), which provides the property may be restored to the same degree of
nonconformity; or as there is for Nonconforming Uses (See Section 14-4E-5(E)(1), which
provides that if a structure with nonconforming use is damaged less than 75%, the structure may
be restored for the same nonconforming use; or as there is for Nonconforming Structures (See
Section 14-4E-6(C)(1), which provides that if a nonconforming structure is damaged less than
75%, it may be restored to the same degree of nonconformity. Instead, Section 14-4E-9, which
regulates nonconforming residential occupancy, provides only at Paragraph B that the same
occupancy "may continue". Without further specific direction or clarification, the new code
could be interpreted by building officials to prohibit ANY restoration or repair work in the event
of partial destruction. If a rental property cannot be restored to its present level of occupancy
(due to partial or total destruction), this will create a hardship for the owner, as obviously the
property would generate less revenue, and the property could very well become economically
nonviable as an investment.
The Council should consider adding a provision similar to Section 14-2A-7(D) for two
family uses in an RS-8 zone, which specifically provides that structures for two family uses and
attached single family dwellings on interior lots in the RS-8 zone which were conforming
immediately before the new code may be torn down and rebuilt to their present density. Adding
a similar provision for properties with nonconforming residential occupancy would encourage
rebuilding and redevelopment of properties with nonconforming residential occupancy, rather
than allowing properties to deteriorate rather than risk losing the nonconforming residential
occupancy status. At a minimum, language should be added to clarify a percentage of damage
(such as the 75% as noted above, which is used for nonconforming structures and
nonconforming uses) which would be the standard.
III. The language in Section 14-4E-9, regulating nonconforming residential occupancy, is
subject to interpretation by building officials as to what future improvements may be
made to a property, even if there is not partial destruction.
The language in Paragraph B provides that "the use may not be enlarged", which again
will be subject to interpretation by building officials. Does this mean that a family room could
not be added? Does this mean that a garage could not be added, or that a dilapidated one could
not be torn down and a better one rebuilt? Does this mean that an additional bathroom could not
be added in the future? Although "enlargement" is defined in the new code, there is still room
for interpretation as to whether certain improvements would "increase the volume of a building",
or whether there is an "increase in the area of land or building occupied by a use." Again,
owners of properties with nonconforming residential occupancy may opt to let their properties
deteriorate, rather than improve them and risk losing the nonconforming residential occupancy
status.
Section 14-4E-3(D) provides that incidental repairs and routine maintenance of"a
nonconforming use or nonconforming structure is permitted .... ", however this does not include
properties with nonconforming residential occupancy, which is a different category altogether.
At a minimum, the language in Section 14-4E-3(D) should be expanded to also allow for
incidental repairs and routine maintenance for properties with nonconforming residential
occupancy.
IV. The language in Section 14-4E-9, which regulates bringing a property with
nonconforming residential occupancy into compliance, is also not clear, and rental
property owners may unknowingly risk losing the nonconforming residential occupancy status.
The language in the last sentence of paragraph A states that, "Once brought back into
compliance with the current, applicable occupancy standard a use may not revert back to a
nonconforming occupancy". This could be interpreted by rental housing officials in the
following way: A rental property owner has a property with nonconforming residential
occupancy status, which is licensed for rental to four unrelated persons, but under the new
zoning code the new applicable occupancy standard would only allow for rental to three
unrelated persons. The landlord might, for whatever reason, lease the property to only three
unrelated persons for one year. This could be interpreted by building officials to mean that the
property has been "brought into compliance with the current, applicable occupancy standard",
and therefor it is possible that the property owner could be prohibited from ever again renting it
to four unrelated persons, as this would be interpreted as reverting "back to a nonconforming
occupancy".
Page 1 of 1
Marian Karr
From: ×kate123@aol.com
Sent: Monday, November 07, 2005 3:39 PM
To: cou ncil@iowa-city.org
Subject: (no subject)
November 7, 2005
Jim & Kate Gerard
844 Evergreen Court
Iowa City, IA 52245
Dear: Iowa City City Council Members
This letter is our written request to broaden the CN-1 commercial/neighborhood zone to permit a
4-bay car wash, specifically designed for personal vehicles only. Our understanding is the CN-1 zone
currently already allows for a single bay car wash, if it is attached to a gas station and/or a
transmission business. Our vision is to construct a 4-bay car wash that will provide a convenient service
for the residents in the immediate area. This will be a clean locally owned neighborhood business.
Thank you for your consideration.
We are not able to attend the council meeting tonight. If you have any questions, you may contact us
at 319-351-8951.
Best regards,
Jim and Kate Gerard
11/7/2005