HomeMy WebLinkAbout2005-12-12- Ordinance
Prepared by: Mitchel T. Behr, Ass!. 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, 5 AND 7, 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
commerciai 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" and amending it as
follows:
1. Section 14-70-2 is deleted in its entirety and substituted in lieu thereof is the fOllowing: "As a
condition of approval for residential subdivisions, commercial subdivisions containing residential uses, and
planned developments, the applicant shall dedicate land, pay a fee in lieu of land, or a combination thereof,
for park, greenway, recreational and open space purposes, as determined by the City and in accordance with
the provisions of Article 14-5K, Neighborhood Open Space Requirements.
2. Sections 14-70-3, 14-70- 4, 14-70-5 and 14-70-6 are deleted in their entirety.
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 14-1 B 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 14-1 C-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.
Ordinance No.
Page 2
4. Section 14-1 C-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 14-1 E-1 is deleted in its entirety.
7. Section 14-1E-2 is renumbered to 14-1E-1 and amended by deletion of the definitions for
"Sign" and "Signs in Public Places" and substitution in lieu thereof the following definitions: "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 "ResidentiaVOffice Zone (RIO)" 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-1)" 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 .
ATTEST:
CITY CLERK
Approved by
Ci!L~~
.~
1 J. - 13 -0.5
MAYOR
S:ATTIILEGAUMilchlBlZoning Code Rewr~e/Ordinance/lZoning Code Enabling Ordinance MTB 12.7.05 CLEAN REVISED 1213 05
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 12/12/05
Vote for passage: AYES: Bailey, Champion, Lehman, O'Donnell, Vanderhoef, Wilburn,
NAYS: Elliott. ABSENT: None.
Second Consideration
Vote for passage:
Date published
ZONING CODE TEXT
Final text on file in the City Clerk's office December 8, 2005.
Actual text in special meeting folder of December 15.
Electronically under "ordinance" subfolder.
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USE c.A TEGORIES
Comm ial Uses
Adult Busi ss Uses
,
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Animal-related
Commercial
Commercial Recreational
Uses
Commerciai Parking
Eating and Drinking
Establishments
Quick Vehicle Servicing
Office Uses
City Council- Final Draft
12/08/05
14-5A
Off-Street Parking and Loading Standards
SUBGROUPS
Retail-type
EntertainmenUnight club-type
,
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General
Intensive
Speclator-type
(major event facilities,
such as arenas,
stadiums, etc.)
Participatory-type (tennis
courts, swimming pools,
archery ranges, sports
fields, etc.)
Medicai/Dental Office
Parking Requirement
1 space per 300 sq. ft. of floor area
Parking spaces equal to 1/3 the occup load of the
largest assembiy space or seating a in the building.
1 space for each office, examin' room, and
treatmenUgrooming room, b not iess than 3 spaces.
3 spaces
Park' spaces equal to 213 the maximum number of
p cipants likely at anyone time.
Parking spaces equal to 1/3 the occupant load of the
area used for the participatory activity.
Not applicable
1 space per 150 sq. ft. of floor area, or parking spaces
equal to 1/3 the occupant load of the seating area,
whichever is less. Carry-ouUdelivery restaurants that do
not have a seating area must provide at least 4 spaces.
For gas stations, 1 stacking space is required for every
service stall or pump station.
For car washes, 4 stacking spaces are required for
each wash rack, bay, or tunnel.
Parking for convenience retail must be calculated
separately. Parking spaces must be provided in lieu of
stacking spaces in instances where egress from a
faCility would require moving a motor vehicle waiting for
entry.
1 space per 300 sq. ft. of floor area.
In the MU and CB-2 Zones, no additional parking is
required for that floor area exceeding 8,000 square feet.
5 spaces for each office, examining room and
tr tment room, provided however, there shall not be
les than 5 spaces.
238
Bicycle
Parking
15%
10%
None
required
None
required
10%
10%
10%
None
required
10%
None
required
15%
15%
2~~
~ City Counci/- Final Draft 14-4B
'\fl<l 12/08/05 Minor Modifications. Variances. Special
G Exceptions, and Provisional Uses
where the building has an exterior material of stucco or mason uch that
trim is impractical or inappropriate to the design of the buildin .
All roof eaves must project at least 12 inches from the buil ng wall.
Exposed, unpainted or unstained lumber may not be u d along any
building wall that faces a street-side lot line.
e. Gara es.
(1) In\'e RS-5 and RS-8 Zones, the garage entr ce for a dwelling unit must
b~ ~ented towards the same street as th welling unit's main entrance,
unles~he garage is oriented toward an ey or private rear lane.
(2) The len~ of any garage wall that fa s a street-side lot line may net
exceed 6~percent of the totallen of the building fa~ade that faces the
same stree~side lot line. On cor r lots, only the garage wall(s) containing
a garage do r must meet this andard. In the MU Zone, garages are
exempt from his standard, t are subject to the standards of subsection
14-2C-9N, Sin Ie Family U s and Two Family Uses in the MU Zone.
f. Access
(1) Access points mu t c ply with the provisions of Article 14-5C, Access
Management Stan rds and the Single Family Site Development Standards
as set forth in Art' 14-2A. Two Family Uses located in the MU Zone are
also subject to e s andards of subsection 14-2C-9N, Single Family Uses
and Two Fami Uses in the MU Zone.
(2) If the lot wi h is less an 80 feet, vehicular access is restricted to an alley
or private ar lane. Co ner lots and double frontage lots are exempt from
this stan ard if the vehic lar access for one of the dwelling units is located
along C1ifferent street th n the vehicular access of the other dwelling unit,
or if v hicular access for b h dwelling units is located along a street where
the ont setback line is at I st 80 feet in length.
'ly Uses in the RS-S and RS-B Zones
)
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STREET
STREET
6. Group Households
Group Households are permitted within any housing type allowed in the base zone,
180
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Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. ,
AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVE OPMENT CODE" BY:
REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH TH NEW TITLE 14 ZONING
CODE, AMENDING PORTIO OF CHAPTERS 1, 5 AND 7, RENUMBERIN CHAPTERS 1,2, 3, 5, 7, 8,
10 AND 11, AND REPEALING CHAPTER 12.
WHEREAS, the Comprehen ive Plan provides a vision for future d velopment of Iowa City's
neighborhoods, commercial and in ustrial districts and public spaces; and
WHEREAS, the Plan envision healthy neighborhoods providing an a ay of housing options for the
city's diverse population, preserva 'on of historic neighborhoods and I dmarks, attractive and vibrant
commercial districts, economically ound industrial districts, preserva 'on of environmental assets and
accessible trails, parks and open sp e; and
WHEREAS, the Zoning Code ad pted in 1983 does not contain e tools necessary to impiement the
vision of the Comprehensive Plan; an
WHEREAS, after considerable
Commission has recommended appro
WHEREAS, the City Council wish
Plan; and
WHEREAS, it is necessary to amen other chapters 0 the Code to be consistent with the proposed
Zoning Code.
NOW, THEREFORE, BE IT ORDAIN D BY THE
IOWA:
SECTION I. The Code of Ordinances of t City of wa City, Iowa is hereby amended as follows:
A. By repealing Title 14, "Unified Dev lopm t Code," Chapter 4, Land Control and Development,"
Chapter 6, "Zoning," and Chapter 9, "Develop ent ees," and substituting in lieu thereof the "TITLE 14,
ZONING CODE" attached hereto and incorporat rein by this reference.
B. By renumbering Title 14, Chapter 8," rport Zoning," to Tille 14, Chapter 6 within the "TITLE 14,
ZONING CODE" attached hereto.
C. By renumbering and renaming Tit
follows:
eliberation and public Iscussion, the Planning and Zoning
I of a new Zoning Code ased on the Comprehensive Plan; and
to update the Zoni Code to implement the Comprehensive
TY COUNCIL OF THE CITY OF IOWA CITY,
1. Section 14-70-2 is deleted in s entire and substituted in lieu thereof is the following: "As a
condition of approval for residential subdivis' ns, co ercial subdivisions containing residential uses, and
planned developments, the applicant shall dicate land, aya fee in lieu of land, or a combination thereof,
for park, greenway, recreational and open pace purposes, s determined by the City and in accordance with
the provisions of Article 14-5K, Neighborh od Open Space quirements.
2. Sections 14-7D-3, 14-7 ,4, 14-70-5 and 14- D-6 are deleted in their entirety.
D. By renumbering Title 14, C apter 1, "Streets, Side Iks and Public Right of Way" and amending
it as follows:
1. Section 14-1A-7 is leted in its entirety and sub ituted in lieu thereof is the following: "No
person shall construct or cause to e constructed any encroachm nt into or over the public right of way,
except as specifically allowed by ity Code. For any such encroac ent into or over the public right of
way that is specifically allowed y City Code, including signs, buildin s, and other structures, a Use of
Public Right-Of-Way Agreeme must be signed by the property owner a d approved by the City as a part
of the approval process."
2. Section 14- is deleted in its entirety and substituted in . u thereof is the following:
Before any person shall t any curb on any street in the City, the person sH II first obtain an Access
Permit from the Department of Public Works, which permit shall be issued only onoondition 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.
1 , Chapter 7, "Land Subdivision" and amending it as
Ordinance No.
Page 2
4. Section 14-1C-3A is deleted in its~ntirety and substituted in lieu ereof is the following:
Sidewalks must be constructed, reconstruct . and repaired in accordance with he Iowa City Municipal
Design Standards, as amended.
5. Section 14-1C-3C is d ted in its entirety and substituted in leu thereof is the fOllowing:
The City Engineer may order the rep r, replacement, or reconstruction of public sidewalk upon written
notice and as provided by State La . Such order and written notice shall onstitute issuance of a permit
as required in subsection B, above.
6. Section 14-1 E-1 is leted in its entirety.
7. Section 14-1E-2 is r numbered to 14-1E-1 and ame ded by deletion of the definitions for
"Sign" and "Signs in Public Places" and substitution in lieu there f the following definitions: "SIGN: As
defined in Article 14-9C, Sign Defi "lions" and "PUBLIC PLA : Any public street, way, place, alley,
sidewalk, park, square, plaza and Cit -owned right of way or a other public property owned or controlled
by the City and dedicated for public us ."
8. Section 14-1 E-3 is de ted in its entirety an substituted in lieu thereof as section 14-1 E-2
is the following: "RESTRICTIONS: No privately-owned s. ns shall be placed on or over a public place,
except as provided for in Section 14-5B 10 of the City C e."
9. Section 14-1 E-4 is dele d in its entire .
E. By renumbering Title 14, Ch ter 2, "Pub!" Utilities and City Right of Way."
F. By renumbering Title 14, Cha ter 3, "Cit Utilities."
G. By renumbering Title 14, Cha er 10," tandards For Public Works Improvement Projects."
H. By renumbering Title 14, Chap r 11 Penalties."
I. By deleting Title 14, Chapter 12, in. s entirety.
J. By renumbering Title 14, Chapte ,"Building and Housing" and amending it as follows:
1. Section 14-5H is deleted i .ts entirety, and substituted in lieu thereof is the "SITE PLAN
REVIEW" attached hereto and incorporate h ein by this reference.
SECTION II. ZONING MAP. Upon fin I pa age, approval and publication of this Ordinance, as provided
by law, because this ordinance rena es "R sidential/Office Zone (RIO)" to "Mixed Use Zone (MU)",
"Neighborhood Conservation Residen al Zone NC-12)" to "Neighborhood Stabilization Residential Zone
(RNS-12)", "Neighborhood Conse tion Resi ntial Zone (RNC-20)" to "Neighborhood Stabilization
Residential Zone (RNS-20)", and" ublic Zone (P " to "Neighborhood Public Zone (P-1)" and "Institutional
Public Zone (P-2)," the Building 0 cial is hereby au orized and directed to change references on the zoning
map of the City of Iowa City, Iowa accordingly.
SECTION III. REPEALER. II ordinances and pa s of ordinances in conflict with the provisions of this
Ordinance are hereby repeale .
SECTION IV. SEVERABI ITY. If any section, proviso n or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, s ch adjudication shall not aff ctthe validity of the Ordinance as a whole or any
section, provision or part th~reof not adjudged invalid or un onstitutional.
SECTION V. EFFECT AVE DATE. This Ordinance shall e in effect after its final passage, approval and
publication. '
Passed and approved this _ day of , 20_.
MAYOR I
I
,
ATTEST: /
CITY CL~K
1l-!'70J~
I
S:ATTIILEGAUMitcNBlZoning Code Rewrite/OrdinancellZoning Code Enabling Ordinance MTB 12.7.05 CLEAN
c.
':( (~J
Prepared by: Mitchel T. Behr, Ass!. City Attorney, 410 E Washington St, iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE" BY:
REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14 ZONING
CODE, AMENDING PORTIONS OF CHAPTERS 1 AND 5, RENUMBERING CHAPTERS 1, 2, 3, 5, 7, 8,
10 AND 11,AND REPEALING CHAPTER 12.
WHEREAS,'-the Comprehensive Plan provides a vision for future development of Iowa City's
neighborhoods, commercial and industrial districts and public spaces; and
WHEREAS, the~lan envisions healthy neighborhoods providing an array of housing options for the
city's diverse populatiM, preservation of historic neighborhoods and la dmarks, attractive and vibrant
commercial districts, eC:QnomicallY sound industrial districts, preservati n of environmental assets and
accessible trails, parks an€{ open space; and
WHEREAS, the Zoning, code adopted in 1983 does not contain t tools necessary to implement the
vision of the Comprehensive '~Ian; and
WHEREAS, after consid~rable deliberation and public di cussion, the Planning and Zoning
,
Commission has recommended approval of a new Zoning Code b sed on the Comprehensive Pian; and
WHEREAS, the City Council'wishes to update the Zoning ode to implement the Comprehensive
Plan' and \.
, \
WH EREAS, it is necessary to amend other chapters of t e Code to be consistent with the proposed
Zoning Code. \
NOW, THEREFORE, BE IT ORDAI~D BY THE CI COUNCIL OF THE CITY OF IOWA CITY,
IOWA: ",
SECTION 1. The Code of Ordinances of t~, City of 10 a City, Iowa is hereby amended as followS:
A. By repealing Title 14, "Unified DevE!l~pment ode," Chapter 4, Land Control and Development,"
Chapter 6, "Zoning," and Chapter 9, "Developm nt F es," and substituting in lieu thereof the "TITLE 14,
ZONING CODE" attached hereto and incorporated ein by this reference.
B. By renumbering Title 14, Chapter 8, "Ai rt Zoning," to Title 14, Chapter 6 within the "TITLE 14,
ZONING CODE" attached hereto.
C. By renumbering and renaming Title 1 ,Cha er 7, "Land Subdivision."
D. By renumbering Title 14, Chapter 1, Streets, idewalks and Public Right of Way" and amending
it as follows:
1, Section 14-1A-7 is deleted i ItS entirety and ubstituted in lieu thereof is the following: "No
person shall construct or cause to be cons ucted any encro hment into or over the public right of way,
except as specificallY allowed by City Co e. For any such enc achment into or over the public right of
way that is specifically allowed by City ode, including signs, b ildings, and other structures, a Use of
Public Right-Of-Way Agreement must b signed by the property 0 er and approved by the City as a part
of the approval process,"
2. Section 14-1B is del ted in its entirety and substitu d in lieu thereof is the following:
Before any person shall cut any cu on any street in the City, the p rson shall first obtain an Access
Permit from the Department of Pu Ie Works, which permit shall be issu only on condition that the curb
cutting be done in accordance wit the provisions of Articie 14-5C of the ity Code, Access Management
Standards. .
3. Section 14-1C- is deleted in its entirety and substituted in\Heu thereof is the fallowing:
Sidewalks must be located wit in the public right-of-way 50 that the line of th inner edge of the sidewalk
is one foot from the property Ii e. In cases where there is practical difficulty me ing this location standard,
the City Engineer may modify he location of a sidewalk.
4. Section 14-1 -3A is deleted in its entirety and substituted in lieu t reof is the fallowing:
Sidewalks must be constru ed, reconstructed and repaired in accordance with the owa City Municipal
Design Standards, as ame ed.
5. Section 1 1 C-3C is deleted in its entirety and substituted in lieu thereo '5 the fOllowing:
The City Engineer may 0 er the repair, replacement, or reconstruction of a public sidew k upon written
notice and as provided y State Law. Such order and written notice shall constitute issuance of a permit
as required in subsecti n B, above.
6. Section 14-1 E-1 is deleted in its entirety.
Ordinance No.
Page 2
7. Section 14-1 E-2 is renumbered to 14-1 E-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, aliey,
sidewalk, park, square, plaza and City-owned right of way or any other public property owned or controlled
by the City a~edicated for public use."
8. ection 14-1 E-3 is deleted in its entirety and substituted in lieu thereof as section 14-1 E-2
is the following:' ESTRICTIONS: No privately-owned signs shall be placed on or over a public place,
except as provided r in Section 14-5B-10 of the City Code."
g. Secti 14-1E-4 is deleted in its entirety.
E. By renumb 'ng Title 14, Chapter 2, "Public Utilities and City Right of ay."
F. By renumberi Title 14, Chapter 3, "City Utilities."
G. By renumberin Tille 14, Chapter 10, "Standards For Public Work Improvement Projects."
H. By renumbering 'tle 14, Chapter 11, "Penalties."
I. By deleting Title 14,fhapter 12, in its entirety.
J. By renumbering Tille,\4, Chapter 5, "Building and Housing" d amending it as follows:
1. Section 14-5H is eleted in its entirety, and substitu d in lieu thereof is the "SITE PLAN
REVIEW" attached hereto and incor rated herein by this reference.
SECTION II. ZONING MAP. Upon mal passage, approval and ublication of this Ordinance, as provided
by law, because this ordinance rena es "Residential/Office one (RIO)" to "Mixed Use Zone (MU)",
"Neighborhood Conservation Residential one (RNC-12)" to" eighborhood Stabilization Residential Zone
(RNS-12)", "Neighborhood Conservation Residential Zon (RNC-20)" to "Neighborhood Stabilization
Residential Zone (RNS-20)", and "Public Z e (P)" to "N . hborhood Public Zone (P-1)" and "Institutional
Public Zone (P-2l," the Building Official is here authoriz and directed to change references on the zoning
map of the City of Iowa City, Iowa, accordingly.
SECTION III. REPEALER. All ordinances an s of ordinances in conftict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, r ision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication sha not ect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged i alid or constitutional.
SECTION V. EFFECTIVE DATE. This 0 inance sh be in effect after its final passage, approval and
publication.
Passed and approved this _ day , 20 .
MAYOR
/"/~~r
ATTEST:
CITY CLERK
\
S:/LEGALlMitchlBlZoning Code Rewrite/Ordi ancelNew 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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CITY OF IOWA CITY
MEMORANDUM
From:
December 7,2005
City Council
Karin Franklin, Director,
Date:
To:
Re:
Zoning Code Adoption
Attached is a summary of proposed amendments to the Zoning Code. There are a total of 17
amendments. Each amendment includes the pages of the Zoning Code text with deletions and
additions noted. All of these amendments have been included in a revised document dated
December 8, 2005, which is included in the ordinance on your agenda by reference and is on
file in the City Clerk's office. If you would like a copy of the entire Code as revised, please
contact Karen Howard. Please note amendment #17 deals with setback and lot line definitions.
These are minor changes to clarify the way these terms are applied to corner and double
frontage lots; there is no substantive change from the current code. .
At your meeting on Monday, December 12'h, it is our understanding you will close the public
hearing after giving an opportunity to speak to anyone who chooses to address the Code. The
Council would then proceed to first consideration.
The ordinance on your agenda incorporates the new Zoning Code with all of the amendments
included in the attached document, by reference. Therefore, a simple motion to adopt the
ordinance and the subsequent vote will either adopt the Code with all the amendments made by
the Council, or reject it. You need not address each of the amendments.
If you should choose to address each of the amendments separately and take a vote on each,
this would be done as part of the discussion period of the motion on the floor. If you wish to
make any changes that have not previously been discussed, amendment of the main motion will
be required.
Cc Steve Atkins
Eleanor Dilkes
Mitch Behr
Marian Karr
Karen Howard
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Site Plan Review
CHAPTER 1. INTENT AND APPLICABILITY
18-1-1 Purpose
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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18-1-2 A plicability
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. Major Site Plans
Major site plans are required for all of the following types of development:
1. 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. Minor Site Plans
Minor site plans are required for all development that does not require a major site plan,
except as exempted in subsection B, Exemptions, above.
E. Sensitive Areas Development Plan
A Sensitive Areas Development Plan may be required for properties containing
environmentally sensitive features as set forth in Article 14-51 of the City Code, Sensitive
Lands and Features. The requirements and exemptions for regulated sensitive features are
set forth in Article 14-51. Levell 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 Levell Sensitive Areas Review
are set forth in Article 14-51, based on the type of regulated feature(s) that exist on the
subject property.
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CHAPTER 2. PROCEDURES AND SUBMITTAL
REQUIREMENTS
18-2-1 General Procedures
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.
18-2-2 Submittal Requirements
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 14-56, Sign Regulations).
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11. Plans and proposed methods for the prevention and control of soil erosion for the
development.
12. A landscaping plot plan is required indicating all existing trees eight inches or larger
in diameter measured at a point six inches above the ground level. In addition, the
plot plan must distinguish the existing or proposed trees or landscaping intended to
satisfy tree requirements or screening requirements of the City Code (See 14-5A-5I,
Landscaping and Tree Requirements within Parking Areas and 14-5E, Landscaping
and Tree Standards, and any other applicable screening required according to Title
14, Zoning Code.)
13. Location of the following features of the site:
a. Streams and other water bodies, including wetlands;
b. Areas subject to flooding from a lOO-year event;
14. Location, amount and type of proposed lighting, fences, walls or other screening.
15. A detailed lighting plan and photometries layout which shows the location, type,
height, and intensity of all existing and proposed exterior lighting on the property.
The photometries 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 photometries layout
must comply with the standards specified in Article 14-5G, Outdoor Lighting
Standards.
16. Location and specifications for any existing or proposed aboveground or below-
ground storage facilities for any chemical, salts, flammable materials or hazardous
materials.
17. Other data and information as may be reasonably required by the Building Official.
B. Major Site Plans
Submittal information for major site plans must include all the information contained in
subsection A of this Section, plus the following additional information:
1. Existing and proposed contours at intervals not to exceed 5 feet provided at least 2
contours are shown. Contours of neighboring properties must be provided when
deemed necessary by the City.
2. When deemed necessary by the City, a complete storm water runoff plan, including
grades and/or elevations of storm sewer systems, direction of surface flow, detention
areas, outlet control structures and devices and storm water calculations (See Article
15-3G, Storm Water Collection, Discharge, and Runoff).
3. Location and size of existing and proposed utilities, including water, sanitary sewer,
storm sewer, gas, electrical telephone, cable TV, plus all existing or proposed fire
hydrants.
4. A typical cross section of all proposed streets, alleys and parking areas showing
roadway location, type of curb and gutter, paving and sidewalks to be installed.
5. A complete traffic circulation and parking plan.
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18-2-3 Ap roval/Denial Process
A. The City shall review and approve, review and approve with conditions, or review and
deny all site plans submitted under this Title within 21 working days after application,
without requiring submission of the plan to the Planning and Zoning Commission.
B. Upon submission of a major site plan, the Building Official shall promptly convey a copy of
the major site plan to the Department of Public Works and the Department of Planning
and Community Development for their review and comments. The Departments of
Planning and Community Development, Public Works and Housing and Inspection Services
shall review the site plan to determine if the design conforms to the standards set forth in
this Article. The Departments of Planning and Community Development and Public Works
shall forward their recommendations to the Department of Housing and Inspection
Services within ten (10) working days after date of submission of a major site plan to the
City.
C. For major site plans, the Department of Housing and Inspection Services or those owners
of 20 percent or more of the property location within 200 feet of the exterior boundaries of
the proposed development site may request a review by the Planning and Zoning
Commission. The request must be in writing and must be filed with the Building Official
within 20 days of submission of the original application or within 20 days of the posting
requirements set forth in Section 18-2-1, above, whichever is later. When such a request is
received, the Planning and Zoning Commission may review and approve, review and
approve with conditions, or review and deny said plan within 20 working days of receipt of
the written request for Planning and Zoning Commission review. The Commission's scope
of review shall be the same as that of the Building Official and the Department of Housing
and Inspection Services.
D. Upon site plan approval by the Building Official or the Plan and Zoning Commission, a
building permit may be issued.
18-2-4 Effective Period of Plan Approval
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.
18-2-5 Amendments to Approved Site Plans
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.
C. 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-
SC, 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 14-6G, Outdoor Lighting Standards.
G. 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
18-3-1 Compliance Required
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.
18-3-2 Desi n Standards
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 Dumpster Areas
Outdoor recycling, trash, solid waste, and dumpster areas shall be in compliance with the
City's solid waste regulations and in compliance with screening requirements contained in
Title 14, Zoning Code. (See 14-4C-2Q, Outdoor Dumpster Areas)
H. Exterior Lighting
Exterior lighting shall relate to the scale and location of the development in order to
maintain adequate security while preventing a nuisance or hardship to adjacent properties
or streets. All exterior lighting must comply with the provisions of Article 14-5G of the City
Code, Outdoor Lighting Standards.
I. Screening of Equipment
All ground level mechanical and utility equipment shall be screened from public view
according to the provisions of Title 14, Zoning Code (See 14-4C-2N, Mechanical
Structures).
J. Screening of Storage and Loading Areas
If allowed, all outdoor storage areas must be located and screened according to the
applicable base zone provisions of Title 14, Zoning Code. All outdoor storage areas and
loading/unloading service areas with delivery facilities, including bay doors or docks, which
face or are visible from residential district and the Iowa River shall be screened to a height
of no less than 6 feet and must meet all screening standards specified in Title 14, Zoning,
for outdoor storage and loading areas.
K. Parking Areas
Any parking areas or vehicle storage area designed or intended for use by more than four
(4) vehicles located adjacent to any street shall be separated and screened from such
street by a curbed, planted area as specified in Title 14, Zoning.
L. Sensitive Areas
All sensitive areas development plans must comply with the applicable provisions of Article
14-51 of the City Code, Sensitive Lands and Features.
M. Compliance with City, State, and Federal Regulations
Site plans shall comply with all applicable City, State, and Federal regulations.
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CHAPTER 4. ENFORCEMENT AND PENALTIES
18-4-1 Development Activity
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.
18-4-2 Performance Guarantee
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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18-4-3 Penalties
Any violation of this Title shall be considered a simple misdemeanor or municipal infraction or
environment infraction as provided for in Title 1, Chapter 4 of the City Code.
10
PROPOSED AMENDMENTS TO THE RECOMMENDED DRAFT OF THE ZONING CODE
( AS OF DECEMBER 8, 2005) ..
14-2A - Single Family Residential Zones (and associated provisions in 14-48)
. Informal
Proposed Amendment Explanatory Notes Staff . Meetings
Questions/Comments 10-31-05 &
. 11/14/05
1 Table 2A-2 (p.16) In the current Code the minimum lot width in the RS-5 See attached memo Council indicated
Dimensional Requirements Zone is 60 feet. regarding questions interest in making
in the Single Family about the density bonus this amendment
Residential Zones -In the The Planning and Zoning Commission recommended options. to the proposed
RS-5 Zone, change the increasing the minimum lot width to 70 feet to code.
minimum lot width for accommodate 3-car garages, a feature increasingly
detached single family common in the RS-5 Zone and to acknowledge the At their 11/14/05
dwellings from 70 feet to general pattern of development in the RS-5 Zone. The meeting the
60 feet. Planning and Zoning Commission recommended Council indicated
allowing a reduction in the lot width to 60 feet an interest in
Requestor: Steve Gordon - provided the width of the garage takes up no more keeping the
Land Development Council than 50% of the length of the front fa<;:ade of the home bonus density
and provided the garage is not located forward of the provisions for
front fa<;:ade of the home. detached SF
homes in the RS-
5 Zone and
allowing lot
reductions,
provided these
lots provide
vehicular access
from a rear alley.
. ,
Informal
Proposed Amendment Explanatory Notes Staff Meetings
Questions/Comments 10-31-05 &
11/14/05
2 Table 2A-2 (p.16) In the current code the minimum lot width is 45 feet See attached memo Council indicated
Dimensional Requirements wide. regarding questions interest in making
in the Single Family about the density bonus this amendment
Residential Zones -In the The Planning and Zoning Commission recommended options. to the proposed
RS-8 and RS-12 Zones, increasing the minimum lot width to 55 feet to code.
change the minimum lot accommodate two car garages with enough
width for detached single remaining lot width for residential aspects of the At their 11/14/05
family dwellings to from 55 home, adequate area for front yard open space, street meeting the
feet to 45 feet. trees, and on-street parking. Council indicated
an interest in
Requestor: Steve Gordon, The Planning and Zoning Commission recommended keeping the
Land Development Council allowing a reduction in the lot width to 45 feet bonus density
provided the width of the garage takes up no more provisions for
than 50% of the length of the front fa<;:ade of the home detached SF
and provided it is not located forward of the front homes in the
fa<;:ade of the home. RS-8 and RS-12
Zone and
allowing lot
reductions
accordingly,
provided these
lots provide
vehicular access
from a rear alley.
Proposed Amendment Explanatory Notes Staff Questions/Comments Informal Meetings
. 10-31-05 & 11/14/05
3 14-4B-4A-2 and 14-4B-4A- The Planning and Zoning Staff has questions regarding Council indicated interest in
3 and 14-4B-4A-5 (pp. Commission has recommended the new lot width standards for changing the following
176-184) In all the single reducing the lot requirements to townhouses and other attached standards:
family residential zones, make it easier to build duplexes, housing and how these relate . Delete the requirement that
remove the "design attached single family houses, and to the Council's discussion each dwelling unit be
provisions" for duplexes townhouses by right, without having about modifying the garage demarcated by a porch,
and attached single family to go through the planned standards. See attached canopy, or transom and
(townhouses). development rezoning process. memo. sidelight windows.
However, in order to address issues . Delete the garage placement
Requestor: Steve Gordon, of building bulk, traffic circulation and standard and allow the length
Land Development Council access, on-street parking, and of the garage wall to be up to
pedestrian safety, the Commission 60% of the length of the
has recommended certain minimum street-facing building fa<;:ade.
standards. These standards are . Delete the sentence that
intended to replace the negotiated specifies how wide the trim
process that currently occurs during should be around windows,
the planned development rezoning doors, and roof eaves.
process.
At their 11/14/05 meeting, the
Council indicated that for
attached SF dwellings on lots
less than 45 feet wide and for
duplexes on lots less than 80
feet wide, that vehicular access
must be provided from an alley
in order to ensure that higher
density housing developments
are built with adequate on-street
parking.
Informal Meetings
ProDosed Amendment EXDlanatorv Notes Staff Questions/Comments 10-31-05 & 11/14/05
4 Remove provision 14-2A-6 The Planning and Zoning Staff has questions regarding The Council indicated interest in
(p.19), which states that Commission has recommended that the new lot width standards for eliminating the garage
"on lots less than 60 feet in lot sizes and lot widths be reduced townhouses and other attached placement standard that states
width, garages and off- below what is currently required in housing and how these relate that garages must be flush with
street parking areas must order to provide opportunities for to the Council's discussion or recessed behind the front
be located so that they do more affordable housing types, such about modifying the garage fa<;:ade of the dwelling.
not dominate the as townhouses, duplexes, and zero standards. See attached
streetscape.. . " lot line dwellings. The standards for memo. The Council indicated interest in
vehicular access were included to changing the garage wall
Requestor: Steve Gordon, address issues specific to standard so that the length of
Land Development Council development of smaller, narrower the street-facing garage wall can
home lots, both for detached homes be up to 60% of the length of the
and attached homes and street-facing building fa<;:ade,
townhouses. rather than 50% as stated in the
proposed draft.
At their 11/14/05 meeting, the
Council indicated that for
attached SF dwellings on lots
less than 45 feet wide and for
duplexes on lots less than 80
feet wide, that vehicular access
must be provided from an rear
alley in order to ensure that
higher density housing
developments are built with
adequate on-street parking.
14-2C - Commercial Zones
Informal Meetings
Proposed Explanatory Notes Staff 10-31-05 & 11/14/05
Amendment Questions/Comments
5 I nsert the Central The Planning and Zoning Commission Staff requests clarification City Council indicated interest in
Business Service (CB- recommended that the CB-2 Zone be from the Council regarding making this change.
2) Zone back into the eliminated from the Zoning Code, because it what form the CB-2 Zone
Zoning Code did not seem to support the vision in the should take in the new At their 11/14/05 meeting
Comprehensive Plan for areas surrounding code. Does the Council Council indicated interest in
Requestor: City Council downtown Iowa City. wish to modify any of the keeping the CB-2 Zone, but
development standards for reducing the height standard to
this zone. 45 feet, with the understanding
that the Planning and Zoning
Commission would forward to
the Council at a later date
recommendations for any
additional changes needed for
the CB-2 Zone to make sure it is
compatible with surrounding
neighborhoods and the Comp
Plan.
6 Table 2C-2(a) (p. 63) The Planning and Zoning Commission This is a typo in the Council indicated interest in
Correct error in the recommended that the minimum lot area per recommended draft that making this correction.
recommended draft dwelling unit in the CN-1 Zone be 1 unit per should be corrected
regarding the 1,800 square feet of lot area. The
residential density recommended draft states 1 unit per 2,725
allowed in the CN-1 square feet of lot area. This should be
Zone. corrected.
Requestor: City Staff
14-4E - Nonconforming Situations
Informal
Proposed Amendment Explanatory Notes Staff Questions/ Comments Meetings
10-31-05 &
11/14/05
7 (pp. 230, 231) Amend the The City Council is concerned that using How will an appraiser determine the Council
Damage and Destruction "assessed value" would not be a very fair market value of the structure if it indicated
clauses in 14-4E-5E and 14- accurate measure of value lost if a structure has been destroyed? interest in
4E-6C, so that the assessment was destroyed. making this
of value is based on fair amendment.
market value rather than on
assessed value. At their
11/14/05
Requestor: City Council meeting Council
indicated that
"replacement
value" should
be used in lieu
of "assessed
value."
8 14-4E-9 Regulation of There has been some confusion about the Staff recommends that the lang uage Council
Nonconforming Residential residential occupancy standards and the be clarified. indicated
Occupancy. Delete the last changes that are proposed. The interest in
sentence of subsection A. and nonconforming residential occupancy making these
the last sentence of subsection section of the code is important because it changes.
B. and replace with a sentence allows existing owners of rental property to
that clarifies that if a rental continue with the same legal occupancy as
permit upon which documented on their most recent rental
nonconforming occupancy is permit. The new occupancy standards only
based is discontinued then the apply to new rental units created after the
dwelling unit must thereafter new code is passed. The changes
comply with the applicable proposed will help clarify how the
occupancy standards specified nonconforming occupancy regulations will
in the Code. be applied.
Requestor: City Staff
14-5A - Off-Street Parking and Loading Standards
Proposed Amendment Explanatory Notes Staff Questions/ Comments Informal Meetings
10-31-05 & 11/14/05
9 Table 5A-2 (p.243) Add a Homeless shelters currently Group Living uses require 25% of Council indicated interest
25% bicycle parking do not have a requirement required parking for bicycle parking. This in making this change.
requirement for Community for bicycle parking and the is a use that is comparable to homeless
Service - Shelter Uses Council discussed the need shelters with regard to demand for
for such parking. bicycle parking.
Requestor: City Council
14-51 - Sensitive Lands and Features
Proposed Amendment Explanatory Notes Staff Questions/Comments Informal Meetings
10-31-05 & 11/14/05
10 Clarify that sites that have This was the intent of the Clarifying language can be added to this Council indicated interest
regulated sensitive features recommended draft. effect. in making this change.
that trigger a Level II
Sensitive Areas Review must
go through the approval
process for a planned
development, but are not
required to comply with
approval criteria for a planned
development, unless
modifications to the
underlying zoning regulations
are requested.
Requestor: Mike Pugh, Land
Development Council
14-5K - Neiahborhood Open Space Requirements
Informal Meetings
Proposed Amendment Explanatory Notes Staff Questions/Comments 10-31-05 & 11/14/05
11 14-5K-6 (p. 343) Use of Rather than require land With this change, the City will City Council indicated interest
Funds paid in lieu of land dedication in subdivisions where need to set up a system to in making this change.
dedication - Amend this there is no open space determine the owners of the lots
section so that any funds appropriate for a neighborhood within a subdivision and refund
paid in lieu of land dedication park, the City collects fees any remaining fees to those
that have not been spent equivalent to the cost of the land owners.
within the allotted period of that otherwise would have been
time be automatically dedicated. The funds are then
refunded to property owners, used to purchase more suitable
rather than requiring them to parkland or trails in close
apply for a refund. proximity to the subdivision or
the funds are used to improve
Requestor: Mike Pugh, Land an existing parks or trails in the
Development Council area.
The ordinance specifies that
property owners within the
development can request a
refund of these fees if they have
not been used within the allotted
period of time.
14-80 - Planning and Zoning Commission Aooroval Procedures
I.
Proposed Amendment Explanatory Notes Staff Informal Meetings
Questions/Comments 10-31-05 &
11/14/05
12 Amend 14-8D - Planning and Zoning Four votes are required to approve The language in the Code Council indicated
Commission Approval Procedures Comprehensive Plan amendments, is confusing. For interest in making
Zoning Map and Text Amendments, consistency and clarity, this change.
Amend clauses in 14-8D-3F, 14-8D-5E, and Planned Development Overlay staff recommends
14-8D-7C-2b (pp. 376, 378, 381), that Rezonings. amending these clauses.
refer to the specific number of votes
required for consideration.
Requestor: Dan Smith, Land
Development Council, Citv Staff
13 Amend 14-8D - Planning and Zoning This requirement has been city policy Staff recommends this Council indicated
Commission Approval Procedures for a number of years, but there are change. interest in making
instances where the Planning and this change.
Amend requirement for City Council to Zoning Commission has declined
meet with the Planning and Zoning Council's offer for a discussion, due to
Commission in cases where they particular circumstances of the case or
disagree with P&Z's recommendation to where they feel their recommendation
indicate that a meeting is not required if was clear and no further discussion is
the Planning and Zoning Commission needed.
declines the Council's offer to meet.
Requestor: Citv Staff
14-8A - General Procedures
Proposed Amendment Explanatory Notes Staff Informal Meetings
Questions/Comments 10-31-05 &
. 11/14/05 '.
14 Delete 14-8A-2 - Neighborhood Meeting The City has a voluntary "Good The City will add Council indicated
Required Neighbor Meeting" policy and developer's name and interest in making
encourages developers to meet with contact number to the this change.
Requestor: City Council surrounding neighbors prior to mailed notices sent out.
submitting an application for No language is necessary Council indicated that
development. Good neighbor meetings in the Code to implement a developer's name
help get accurate information out to the this policy. and phone number
neighborhood and provide a forum for could be included in
neighbors to discuss the proposed the regular mailed
project in a non-confrontational setting. notices sent out by
The proposed code includes language the City.
that makes good neighbor meetings
mandatory for certain types of
aoolications.
14-5C - Access Management Standards
Proposed Amendment Explanatory Notes Staff Questions/Comments Informal Meetings
10-31-05 &
11/14/05
15 14-5C-5C: Location and Except in downtown Iowa In the vast majority of cases, direct lot access Council indicated
Dimensional Standards for City, It has been the policy for commercial properties is granted to local or interest in making
Driveways - Amend this of the City to grant non- collector streets. However, staff cautions this change.
provision to allow street residential uses direct against adding a provision that direct lot access
access for non-residential access to local or collector would alwavs be allowed. There may be
development along local and streets, provided traffic instances where direct lot access will be unsafe
collector streets even when circulation or safety will not or cause traffic circulation problems, particularly
an alley is available, provided be compromised. in high density areas, such as downtown Iowa
no safety issues exist. City. To address Council's concern staff
suggests deleting subparagraph 14-5C-5C-1 a.
Requestor: City Council and substituting the following:
"The City will grant direct lot access to local or
collector streets that are non-residential in
nature, provided traffic circulation and/or public
safety will not be compromised. The City will
determine the number, location, and design of
the access based on the size and location of the
nonresidential development, the land uses
proposed, anticipated traffic and safety issues,
and the surroundinq land uses."
.
Proposed Amendment Explanatory Notes Staff Questions/Comments Informal Meetings
10-31-05 &
11/14/05
16 14-4C Access Management There is currently not a Inserting a blanket allowance in the Code for all Council indicated an
Standards specific standard in the existing access points may result in unsafe interest in adding this
Code that addresses this traffic situations in some cases when a site is provision to the
Council requested a provision issue. It has been the being developed or redeveloped, particularly if Code.
that would allow existing policy of the City to allow the new use of the property creates an increase
access points along local existing access points along in the volume of traffic.
streets to be retained when a local streets to be retained
site is being developed or when a property is being '0 address the Council's concerns, staff
redeveloped, provided public developed or redeveloped, suggests adding the following language to 14-
safety will not be provided traffic circulation or 5C-5C-1 :
compromised. safety will not be "When a site is being developed or redeveloped
compromised. for nonresidential uses, existing access points
along local streets may be retained in most
Requestor: City Council instances. However, the City may require that
an access point be moved or combined with
another access point in order to improve traffic
safetv or circulation."
14-9A - General Definitions
17 Amend 14-9A, General I n the current code the Staff recommends clarifying these definitions.
Definitions, to clarify lot line definitions for front, rear, These are not substantive changes to the
and setback definitions for and side lot lines and for ordinance, but will clear up some ambiguities
corner lots and double front, rear and side yards with regard to corner and double frontage lots.
frontage lots. are problematic for corner
lots and double-frontage
Requestor: City staff lots. This should be
clarified in the new code.
Amendments # 1 and #2:
Minimum Lot Width in Single Family Zones and Bonus Density Provisions
Amend Table 2A-2 as follows'
,
Tabl.e2A-2: pimensional Re911i~~",1entsiQ.the Single Family Residenti~IZones
: ":.,'1' )"" . .... MaXimum Lot
..... Minimum Lot Requirements '. Minimum Setbacks . . Building Bulk. Coverage
Zonel .
Use ... Lot Areal Lol", Frontage . Max. Min.... Total Front
Size .. . Unit Width' Front Side Rear Height Building 'Building Setback
(s.l.) . (s.f.) (ft.) , .....(ft) (ft.) (ft.) (ft.) (ft.) . 'Width(ft) Co"erage Coverage
RR.1 Delached
F, including 40,000 40,000 80 50 15' 5+22 20 35 203 400/0 50%
era Lot Line
ther Uses1 40,000 nla 80 50 20 5+22 20 35 203 40% 50%
RS.5 'etached :ro
F, including 8,000" 8,000 60' 45' 15' 5+22 20 35 203 45% 50%
era Lot Line
Duplexes 12,000 6,000 80 80 15' 5+22 20 35 203 45% 50%
ttached 6,000 6,000 40 40 15" Oar 20 35 203 45% 50%
F 105
btherUses' 8,000 nla 60 45 20 5+22 20 35 203 45% 50%
~S-8 Detached ~
~F, including 5,000' 5,000 45' 40' 15' 5+22 20 35 203 45% 50%
era Lot Line
Duplex 8,700 4,350 70 70 15' 5+22 20 35 203 45% 50%
ttached 4,350 4,350 35 35 15' o or 20 35 203 45% 50%
SF 105
Other Uses I 5,000 nla 45 40 20 5+22 20 35 203 45% 50%
l'S.12 Detached ~
~~, including 5,000' 5,000 45' 40" 15' 5+22 20 35 203 50% 50%
Lera Lot Line
Duplex 6,000 3,000 55 40 15' 5+22 20 35 203 50% 50%
ttached 3,000 3,000 201287 20 15' o or 20 35 18'
~F 105 50% 50%
blher Uses I 5,000 nla 45 40 20 5+22 20 35 203 50% 50%
NS-12 Detached SF 5,000 5,000 45 25 15' 5+22 20 35 203 40% 50%
..-
buplex 6,000 3,000 45 25 15' 5+22 20 35 203 40% 50%
MF Uses 5,000 Existing' 45 25 15' 5+22 20 35 203 40%1 50%
btherUses' 5,000 nla 45 25 20 5+22 20 35 203 40% 50%
---
Notes:
nla = not applicable
'ather uses must comply With the standards listed in Ihis table unless specified otherwise in Article 14-4B.
2 Minimum side setback is 5 feet for the firsl2 stories plus 2 feet for each additional story. Detached Zero Lot Line Dwellings must comply with the
applicable side setback standards in Article 14-48.
3 A building musl be in compliance with Ihe specified minimum building Width for at leasl75 percent of the building's lenglh.
4 See the Special Provisions of this Article regarding Multi-Family Uses.
5 See applicable side setbacks for Attached SF as provided in Article 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses
6 The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal dwelling must
be set back alleasl25 feel. On all lois, garages, both attached and delached, musl be sel back as specified In Article 14-4C, Accessory Uses and
Buildings.
7 Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end 'ots in a row of attached units. When only two units are attached, lots
must be 28 feet wide
81f the Single Family Density Bonus Options have been applied, the minimum lot acea, lot area per unit, lot width and lot frontage requirements may be
reduced accordingly (See Section 14-2A-7).
Amend 14-2A-7A - Single Family Density Bonus Options, as follows:
A. Single Family Density Bonus Options
For Detached Single Family Dwellings and Detached Zero Lot Line Dwellings, the
following density bonuses are allowed in the following zones and under the following
conditions:
1. In the RS-5 Zone
Fer Detaohea Single FaHlily D','{ellings ana Detaehea Zera Let Lille D'::ellillgs
h:leatea iR the RS 5 Zsae, the felh:w:iag aensity B8Rl:lSeS Me a118~.~/ed liBeler the
follewillg eenaitiens.
II. The minimllm let width may Be realleea te ~g feet !lIla the millimllm frentage
may be real:leea to 19 feet if garages af eft' street perIling areas are leeatea afla
aesigRea SlieR that they meet the flF8\'isieRs ef13aragraflR C.8. efthe pre.;ieHs
Seetiell.
If vehicular access to garages and off-street parking spaces is restricted to are aeeeasea
ffem an alley or private rear lane, then the following modifications to dimensional
requirements are allowed:
b. The minimum lot width may be reduced to 50 feet and the minimum lot frontage
may be reduced to 30 feet;
c. The minimum lot size may be reduced to 6,000 square feet; and
d. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk.
2. In the RS-8 Zone
Fer Detaeheel SiRgle Family D..T/elliRgs ana DetaeheEl ZeTa Let LiRe D\velliRgs
leeatea ill the RS g Zelle, the fellewillg aensity BeRlIses are alle...{ea IIllaer the
fellewillg eellaitiens:
II. The millimllm let width mlij' Be realleea te 15 feet aRa minimum frelltage mlij'
be reBuses to 39 feet if garages aT eft' street parldRg &:feas are teeMed aREI
aesigilea slleh that they meet the previsiells efparagraph C.~. efthe proviells
seetieR.
If vehicular access to garages and off-street parking soaces is restricted to are aoeessea
frem-an alley or private rear lane, then the following modifications to dimensional
requirements are allowed:
b. The minimum lot width may be reduced to 40 feet and the minimum frontage to
25 feet;
c. The minimum lot size may be reduced to 4,000 square feet; and
d. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk.
3. In the RS-12 Zone
Fer Dotaehea Single Family DwelliRgs !lIla Detaehea Zere Let LiRe D,,:elliRgs
leealea iR the RS 12 ZeRe, the follewillg aensit)' Benllses are allewea IIllaer the
fullewillg eellaitiells:
ft. The minimum let width may 8e refhll~ea te 45 feet ana minimum frantage m~'
be reaueea te 3Q feet if garages ar eff street parking areas are leeMea aRa
aesignea sueh that thoy meet the previsiens efparagraph c.~. efthe previells
seetisA.
If vehicular access to garages and off-street parking spaces is restricted to are aseessed
ffem-an alley or private rear lane, then the following modifications to dimensional
requirements are allowed:
b. The minimum lot width may be reduced to 30 feet and the minimum frontage to
20 feet;
c. The minimum lot size may be reduced to 3,000 square feet; and
d. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk.
r2z-vt'se d
I d.. -/2 - 05
Amendment #3: Standards for Attached Single Family Dwellings and Two
Family Uses
Amend 14-4B-4A-2: Attached Single Family Dwellings in the RS-5 and RS-B Zones, as
follows (subparagraphs not shown remain unchanged):
2. Attached Single Family Dwellings in the RS-S and RS-8 Zones
a. Number of Units
Only one principal dwelling unit is permitted per lot. A maximum of two
dwelling units may be attached.
b. Location
One of the attached dwelling units must be located on a corner lot.
c. Setbacks
(1) Interior lots. On interior lots the side setback on the side containing
the common wall is reduced to zero. The side building setback on
the side opposite the common wall must be at least 10 feet.
(2) Corner lots. On corner lots either the rear setback or non-street
side setback may be reduced to zero. However, the remaining non-
street setback must be at least 10 feet if it is a side setback and 20
feet if it is a rear setback.
d. Entrances
(1) To give the attached units the overall appearance of separate
dwellings, each dwelling unit must have its main entrance oriented
towards a different street than the main entrance of the other
dwelling unit.
(2) The main entrance must be visible from and oriented towards the
street. To meet this standard the main entrance must face the
street, be at an angle of up to 45 degrees from the street, or open
onto a porch. The main entrance may not face an alley or private
rear lane.
(3) TAt maiA eAtFaAee te eaet:l e1'/leIliAg l:JRit ffilJst be aemarcatea 13'; at
least eRe af tAt fellewiA€) meSRS:
(a) .#f. ee't-'creelI38Fct:l Sf' eaASpy.
(II) Po traAS8m aRe) sicleligAt 'NiRds'NS.
(4) Each dwelling must have a paved connection between the main
pedestrian entrance and the public sidewalk or the fronting street in
cases where a sidewalk is not provided.
e. Garages.
The garage entrance for a dwelling unit must be oriented towards the
same street as the dwelling unit's main entrance, unless the garage is
oriented toward an alley or private rear lane. AFlY street faeiA!:J !:Jara!:Je
ffilJ5t ae leeateel Sl:JeR tl=\at it is fll:JSA '.\'it!:l er set l3ael( fl:JrtRer tA6R tf:le
leA~est stFeet faciFl~ wall at the elvt'eIliFl€1l:JAit. The tatalleFl~th at aR'f
gar=a€le llw'all tt:lat fates a str:eet may Aot e)(f~:eeel 59 (3CFeeRt af tt:le leR€ltt:l
of tRE: stFtet faCiRg Bl:JilEliA€I fat;aEle, as measufeel alaRg tRE: same street
fr-eAta!je. See Fi!jl:lre 18.1. The lenath of anv aaraae wall that faces a
street-side lot line mav not exceed 60 oercent of the totallenath of the
buildina facade that faces the same street-side lot line.
f. Design features
(1) All windows, doors, and roof eaves, including roof eaves on
porches, must be demarcated with trim. The triffi ffil:l~t be at least
3 iAE:Re~ ....'iElc. The City may waive this requirement in cases where
the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along
any building wall that faces a street-side lot line i~ visible freffi a
l3ublie er I3rivate street.
g. Vehicular Access
(1) Access points must comply with the provisions of Article 14-5C,
Access Management Standards.
(2) If the lot width is less than 45 feet. vehicular access is restricted to
an allev or orivate rear lane.
Amend 14-4B-4A-3: Attached Single Family Dwellings in the RS-12. RM-12, RNS-20,
RM-20, and MU Zones, as follows (subparagraphs not shown remain unchanged):
3. Attached Single Family Dwellings in the RS-12, RM-12, RNS-20, RM-
20 and MU Zones
a. Number of Units
Only one principal dwelling unit is permitted per lot. A maximum of 6
dwellings units may be attached unless approved through a Planned
Development Overlay Rezoning.
b. Setbacks
The side setbacks for the attached dwellings may be reduced to zero
along the common wall side of the units. Each end unit in a row of
Attached Single Family Dwellings shall have one side setback that is a
minimum of 10 feet, unless the end unit is on a corner lot. If an end
unit is on a corner lot, the remaining non-street setback must be at least
10 feet if it is a side setback and 20 feet if it is a rear setback. (See
Figure 4B.2, below)
Figure 48.2: Setbacks for Attached Single Family Dwellings
(no change to the illustration)
c. Entrances
(1) Each dwelling unit must have a separate main entrance that is
visible from and oriented toward the street. To meet this standard
the main entrance must face the street, be at an angle of up to 45
degrees from the street, or open onto a porch. The main entrance
may not face an alley.
(2) TAt maiA eRtr6Aee 1:6 (SeA eI'w\'elliAg l:JAit RUJst 131: aemaFCatea BY at
least eRe af tRt felle"t'iA~ meSAS:
(a) A EBvereelllBFeR Br EaA61l'f.
(It) .~. tFaASem aRe siaeligRt v,;iAaews.
(3) Each dwelling must have a paved connection between the main
pedestrian entrance and the public sidewalk or the fronting street in
cases where a sidewalk is not provided.
(4) If parking is located at the rear of a dwelling, a second entrance to
the dwelling must be provided within 20 feet of the rear fa<;ade of
the dwelling on either the rear or side fa<;ade of the dwelling.
d. Design features .
(1) All windows, doors, and roof eaves, including roof eaves on
porches, must be demarcated with trim. The triffi ffil:lst bE at least
3 iAEAeG wiele. The City may waive this requirement in cases where
the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along
any building wall that faces a street-side lot line is ...iGible ffeffi a
f9l:JI3IiE Sf I3rivaoc street.
(4) If four or more dwelling units are attached, the units must be
articulated by at least one of the following means in order to
prevent monotony, but the units should be consistent in
architectural style and proportion. Figure 46.3 provides some
examples of acceptable building articulation. However, other
designs meeting the standards listed below are acceptable.
(a) Construct front and side elevations of the building of at least
50 percent brick, stone, or other masonry product. For the
purpose of this provision, masonry shall not include concrete
block or poured concrete materials, except when rusticated
concrete block or decorative concrete is used as a base or
exposed foundation material.
(b) Construct front and side elevations of the end units of 100
percent brick, stone, or other masonry product. For the
purpose of this provision, masonry shall not include concrete
block or poured concrete materials, except when rusticated
concrete block or decorative concrete is used as a base or
exposed foundation material.
(c) Distinguish each unit architecturally through a change in the
roofline and a jog in the street-facing wall plane. The jog must
be at least 18 inches deep and a minimum of 8 feet wide; the
change in the roofline must be in concert with the jog in the
wall plane, which may be accomplished by the addition of a
gable, hip or similar roof that is perpendicular to the primary
roof.
Figure 48.3: Examples of fa~ade articulation for Attached Single Family Dwellings
(No change to the illustrations)
e. Vehicular Access
(1) Vehicular access points and garage entrances must comply with the
provisions of Article 14-5C, Access Management Standards and the
Single Family Site Development Standards as set forth in Article 14-
2A. Attached Sino Ie Familv Dwellinos located in the MU Zone are
also subiect to the standards of subsection 14-2C-9N. sinole Familv
Uses and Two Familv Uses in the MU Zone.
(2) If the lot width is less than 45 feet. vehicular access is restricted to
an allev or orivate rear lane.
Amend 14-4B-4A-5: Two Family Uses in the RS-5, RS-8, RS-12, RNS-12, RM-12, RM-
20, RNS-20, MU Zones, as follows (subparagraphs not shown remain unchanged):
5. Two Family Uses in the RS-5, RS-8, RS-12, RNS-12, RM-12, RM-20,
RNS-20, and MU Zones
a. Location Limitation in the RS-5 and RS-8 ZOnes
In the Rs-5 and Rs-B Zones, Two Family Uses are only allowed on
corner lots.
b. Central Planning District
Two Family Uses located in the Central Planning District must comply
with the provisions of subsection 14-2B-6I, Additional Standards in the
Central Planning District, which will be administered through the Design
Review process, as set forth in Article 14-8B, Administrative Approval
Procedures.
c. Entrances
(1) In the Rs-5 and Rs-8 Zones, to give the structure the overall
appearance of separate dwellings, each dwelling unit must have its
main entrance oriented towards a different street than the main
entrance of the other dwelling unit.
____m".'_~ ._,___._.__,___"___.___,__.~.._..__._..____,._m_'M_'_'.._._-~---""'-
(2) The main entrance must be visible from and oriented towards the
street. To meet this standard the main entrance must face the
street, be at an angle of up to 45 degrees from the street, or open
onto a porch. The main entrance may not face an alley or private
rear lane.
(3) The Fl'laiA eAtr-aAce te eaeR e1weIIiA!]l:IAit Fl'l\:Jst Be e1eFl'larcateel B't at
least eRe af tAt f-ellevw'iRg mcaRS:
(a) A cevefeel ",efCR er caAe",}'.
(b) .~ tfaFlS6FA aRe! sieleligAt 1::iRaews.
(4) Each dwelling must have a paved connection between the main
pedestrian entrance and the public sidewalk or the fronting street in
cases where a sidewalk is not provided.
(5) If parking is located at the rear of a dwelling, a second entrance to
the dwelling must be provided within 20 feet of the rear fac;ade of
the dwelling on either the rear or side fac;ade of the dwelling.
d. Design features
(1) All windows, doors, and roof eaves, including roof eaves on
porches, must be demarcated with trim. The triFl'l Fl'll:lst Be at least
3 iAches wiele. The City may waive this requirement in cases where
the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along
any building wall that faces a street-side lot line is ...isiBle freFl'l a
public Sf private str:eet.
e. Garages.
(1) In the RS-5 and RS-8 Zones, the garage entrance for a dwelling
unit must be oriented towards the same street as the dwelling
unit's main entrance, unless the garage is oriented toward an alley
or private rear lane.
(2) AAY street faciA!] !]ara€le Fl'll:lst Be lecateel Sl:ICR that it is f1I:1SR 'NitR
or set l:J2JcI( fuFtl=ler thSA the ISRgest street faeiAg '.~..all af the
eJ"t'eIIiA~ l:JAit. The ICAgtn af SA'! street faeiFlg gar=age ',;all tRat is
visiBle farm tMc stFeet may Rat exeeeel 59 I3crecRt af the leA €ItA af
tAe street faeiASI Bl:JileliRSI fat;aelc, as measl;IFeel alsASI tl=le same
stfCet freAS!!e. The lenath of anv c;laraae wall that faces a street-
side lot line mav not exceed 60 oercent of the totallenath of the
buildina facade that faces the same street-side lot line. On corner
lots iA the RS 12, RNS 12, Rt1 12, Rt1 29, RNS 29, onlv the aaraae
walles) containina a aaraae door eRC street faciA!! !!ara!!e wall must
meet this standard. In the MU Zone. aaraaes are exemot from this
standard. but are subiect to the standards of subsection 14-2C-9N.
Sinale Familv and Two Familv Dwellinas in the MU Zone.
f. Access
(1) Access points must comply with the provisions of Article 14-5C,
Access Management Standards and the Single Family Site
Development Standards as set forth in Article 14-2A. Two Familv
Uses located in the MU Zone are also subiect to the standards of
subsection 14-2C-9N. Sin91e Familv Uses and Two Familv Uses in
the MU Zone.
(2) If the lot width is less than 80 feet. vehicular access is restricted to
an allev or orivate rear lane. Corner lots and double frontaee lots
are exemot from this standard if the vehicular access for one of the
dwelline units is located alone a different street than the vehicular
access of the other dwelline unit. or if vehicular access for both
dwelline units is located alone a street where the front setback line
is at least 80 feet in leneth. (See definitions of LOT WIDTH and
FRONT SETBACK LINE)
Amend 14-2C-9N., as follows:
B. getaehell Single Family 9v:elliHgs and Two Family Uses in the MU Zone
The following provisions apply to Detael'leEl Single Family DwelliRlls Uses and
Detael'lea Zere Let liRe DwelliR!js Two Familv Uses in the MU Zone. Two Family
Uses and Attached Single Family Dwellings are also subject to the applicable
provisions contained in Article 14-4B, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses. If provisions of this subsection conflict with
provisions in 14-4B, the provisions of this subsection will apply.
Amendment #3: Standards for Attached Single Family Dwellings and Two
Family Uses
Amend 14-4B-4A-2: Attached Sin ml}l . gs in the RS-5 and RS-8 Zones, as
follows (subparagraphs not sho n remain unchange :
2. Attached Single Fam Iy Dwellings in the RS-5 a d RS-8 Zones
a. Number ofUni
Only one princip I dwelling unit is permitted er lot. A maximum of two
dwelling units ma be attached.
b. Locatiou
One ofthe attached
c. Setbacks
(1) Interior lots. On . terior lots the sid setback on the side containing the
common wall is r duced to zero. T e side building setback on the side
opposite the com n wall must b at least 10 feet.
(2) Comer lots. On cor riots eith the rear setback or non-street side
setback may be redu d to zer . However, the remaining non-street
setback must be at lea t 10 fe t if it is a side setback and 20 feet if it is a
rear setback.
d. Entrances
(1) To give the attached un' s he overall appearance of separate dwellings,
each dwelling unit mu ha e its main entrance oriented towards a
different street than t e mai entrance of the other dwelling unit.
(2) The main entrance ust be VI ible from and oriented towards the street. To
meet this standar the main en ance must face the street, be at an angle of
up to 45 degrees rom the stree or open onto a porch. The main entrance
may not face alley or private ar lane.
(4) Each d elling must have a paved conn ction between the main pedestrian
entra e and the public sidewalk or the onting street in cases where a
side alk is not provided.
e. Garages
The gar ge entrance for a dwelling unit must be iented towards the same street
as the welling unit's main entrance, unless the g ge is oriented toward an
alley r private rear lane. .
"ereent efthe length efthe street faeing building fa~ade, as lReasured aleng the
same street framage. See Figure 1B.I. The length of anv garage wall that faces
a street-side lot line mav not exceed 60 oercent of the total length of the building
facade that faces the same street-side lot line.
f. Design featnres
(1) All windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim. . . . The
City may waive this requiremen . cases where the building has an
exterior material of stucco 0 asonry such that trim -is impractical or
inappropriate to the desig of the building. I
(2) All roof eaves must pr ect at least 12 inches from th building wall.
(3) Exposed, unpainted 0 unstained lumber may not be used along any
building wall that fa s a street-side lot line' .
flrivale street.
g. Vehicular Access
(1) Access points must comply with the provisio s of Article l4-5C, Access
Management Stand rds.
(2) If the lot width is I s than 45 feet vehic ar access is restricted to an aile
or rivate rear lane.
Amend 14-4B-4A-3: Attached Single F mily Dwell" gs in the RS-12, RM-12, RNS-20,
RM-20, and MU Zones, as follows (sub aragrap s not shown remain unchanged):
3. Attached Single Family Dwelli gs i the RS-12, RM-12, RNS-20, RM-20 and MU
Zones
a. Number of Units
Only one principal dwelli nit is permitted per lot. A maximum of 6
dwellings units may be a ach d unless approved through a Planned
Development Overlay ezoni g.
b. Setbacks
The side setbacks ti the attach dwellings may be reduced to zero along the
common wall sid of the units. ch end unit in a row of Attached Single
Family Dwellin shall have one ide setback that is a minimum of 10 feet,
unless the end nit is on a corner I t. If an end unit is on a corner lot, the
remaining no -street setback must e at least 10 feet if it is a side setback and 20
feet if it is ear setback. (See Figu 4B.2, below)
etbacks for Attached Single
the illustration)
c. Entr. nces
Each dwelling unit must have a separ.Jc main entrance that is visible from
and oriented toward the street. To meet this standard the main entrance
must face the street, be at an angle of up to 45 degrees from the street, or
open onto a porch. The main entrance may not face an alley.
(2) Tile main eRtfanee Ie eeell !!welling IInit mHot be !!emareate!! by at least
eRe efthe fells":/iRg means:
(a) t. ee'iereEl pere" er eRaepy.
(b) I. transom an!! si!!eligllt windows.
(3) Each dweJling must have a paved connection between the main pedestrian
entrance and the public sidewalk or the fronting street in cases where a
sidewalk is not provided.
(4) If parking is located at the rear of a dwelling, a second entrance to the
dweJling must be provided within Z<Heet of the rear fayade of the dwelling
on either the rear or side fa /of the dwelling.
d. Design features
(1) All windows, do rs, and roof eaves, including roof eav s on porches, must
be demarcated ith trim. . . . The
City may waiv this requirement in cases where th uilding has an
exterior mater I of stucco or masonry such that m is impractical or
inappropriate t the design of the building.
(2) All roof eaves ust project at least 12 inche from the building wall.
(3) Exposed, unpai ed or unstained lumber ay not be used along any
building wall tha faces a street-side lot ine is visible from a Jlllblie or
Jlrivate stree!.
(4) If four or more dw ling units are ached, the units must be articulated by
at least one ofthe fa owing me s in order to prevent monotony, but the
units should be consi ent in ar itectural style and proportion. Figure
4B.3 provides some e mple of acceptable building articulation.
However, other designs ting the standards listed below are acceptable.
(a) Construct front an side elevations of the building of at least 50
percent brick, st')l1e, or other masonry product. For the purpose of
this provision, piaso shall not include concrete block or poured
concrete mat'inals, ex ept when rusticated concrete block or
decorative cpncrete is ed as a base or exposed foundation material.
(b) Construc~tront and side levations of the end units of 100 percent
brick, stone, or other mas nry product. For the purpose of this
prov;c's'! n, masonry shall n t include concrete block or poured
cone te materials, except en rusticated concrete block or
dec. rative concrete is used a a base or exposed foundation material.
(c) Distinguish each unit architec rally through a change in the roofline
~d a jog in the street-facing w II plane. The jog must be at least 18
linches deep and a minimum of feet wide; the change in the roofline
J must be in concert with the jog in the wall plane, which may be
I accomplished by the addition ofa able, hip or similar roof that is
perpendicular to the primary roof.
Figure 4B.3: Exampl s offa,ade articulation for Attached Single mity Dwellings
(No change to the it ~ strations)
e. Vehicular Access
(1) Vehicular access points and garage entrances must comply with the
provisions of Article l4-5C, Access Management Standards and the Single
Family Site Development Standards as set forth in Article 14-2A. Attached
Sing:le Familv Dwellings located in the MU Zone are also subiect to the
standards of subsection l4-2C-9N. Single Family Uses and Two Familv
Uses in the MU Zone.
(2) If the lot width is less than 45 feet. vehicular access is restricted to an alley
or private rear lane,
S-12, RM-12, RM-
ain unchanged):
Amend 14-4B-4A-5: Two Fami Uses in the RS-5, RS-8, RS-12,
20, RNS-20, MU Zones, as fol ws (subparagraphs not shown ~
5. Two Family Uses in t e RS-5, RS-8, RS-12, RNS-l
and MU Zones
a. Location Limita n in the RS-5 and RS- Zones
in the RS-5 and RS 8 Zones, Two Famil Uses are only allowed on comer lots,
b. Central Planning 'strict
Two Family Uses loc ted in the C tral Planning District must comply with the
provisions of subsecti 14-2B-, Additional Standards in the Central Planning
District, which will be dmini ered through the Design Review process, as set
forth in Article 14-8B, dm' istrative Approval Procedures.
c. Entrances
M-12, RM-20, RNS-20,
(1) In the RS-5 and S- Zones, to give the structure the overall appearance of
separate dwel' gs, e h dwelling unit must have its main entrance
oriented tow. rds a di rent street than the main entrance ofthe other
dwelling it.
(2) The ma' entrance must e visible from and oriented towards the street. To
meet is standard the ma'n entrance must face the street, be at an angle of
up t 45 degrees from the treet, or open onto a porch. The main entrance
m not face an alley or pr "ate rear lane,
aRe afthe fellawiRg maaR.:
Each dwelling must have a pave connection between the main pedestrian
entrance and the public sidewalk the fronting street in cases where a
sidewalk is not provided.
If parking is located at the rear of a elling, a second entrance to the
dwelling must be provided within 20 feet of the rear fa9ade of the dwelling
on either the rear or side fa9ade of the dwelling.
d. Design features
(1) All windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim. The triHl HlliSt be at least 3 in.hes wiae. The
City may waive this requirement in cases where the building has an
exterior material of stucco or masonry such that trim is impractical or
inappropriate to the design of the building:__ _ __
(2) All roof eaves must project at leas inches from the buildirlj; wall,
(3) Exposed, unpainted or unstaine lumber may not be used alo any
building wall that faces a stree -side lot line is visible HeHl
I3ri\'ale street.
e. Garages.
(1) In the RS-5 and RS-8 Zones, t e garage entrance for owelling unit must
be oriented towards the same s eet as the dwelling nit's main entrance,
unless the garage is oriented to ard an alley or p vate rear lane.
(2)
f. Access
(1) Access points st comply with the pro isions of Article 14-5C, Access
Management tandards and the Single F ily Site Development Standards
as set forth' Article l4-2A. Two Famil ses located in the MU Zone
are also s 'ectto the standards of sub sect on 14-2C-9N Sin Ie Famil
Uses an Two Famil Uses in the MU Zon ,
(2) If the ot width is less than 80 feet vehicula access is restricted to an aile
or ivate rear lane. Corner lots and double nta e lots are exem t from
t s standard ifthe vehicular access for one 0 the dwellin units is located
Ion a different street than the vehicular acce s of the other dwellin unit
or if vehicular access for both dwell in units is ocated alon a street
where the front setback line is at least 80 feet in en h,
\
Amend 14-2C-9N., as follows:
B. 9etaehed Single Family 9"NelliRgs n Tw Famil U in the M Z ne
The following provisions apply to Single Family D'Nelli~gs Uses and Delllehea
Zera Lat LiRe DwelliRgs Two Famil es in the MU Zone. Two/Family Uses and
Attached Single Family Dwellings are Iso subject to the applica 'Ie provisions contained in
Article 14-4B, Minor Modifications, V iances, Special Except' ns, and Provisional Uses.
If provisions of this subsection conflict ith provisions in 14- ,the provisions of this
subsection will apply.
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Amendment #4: Garage standard
Delete 14-2A-6C-6 and Figure 2A.6 and substitute the following:
6. On lots less than 60 feet in width. the length of any garage wall that faces a street-
side lot line may not exceed 60 Dercent of the totallenlrth ofthe building facade that
faces the same street-side lot line. On comer lots. only the garage walles) containing a
garage door must meet this standard. For Two Familv Uses and Attached Single
Familv Dwellings. additional vehicular access standards may aDDly. See aoolicable
standards in section 14-48-4. Soecific Aooroval Criteria for Provisional Uses and
Soecial Exceotions.
Amendment # 5: Insert the Central Business Service Zone (CB-2) back into
the Zoning Code
Amend 14-2C-1, by adding a new subsection G, as follows:
G. Central Business Service Zone (CB-2)
The Central Business Service Zone (CB-2) is intended to allow for the orderlv expansion of
the Central Business District of Iowa City, to serve as a transition between the intense land
uses located in the Central Business District and adioining areas, to enhance the pedestrian
orientation of the central area of the city. and to provide suitable, peripheral locations for
auto-oriented commercial and service uses. This zone is intended to accommodate mixed
land uses but at a lower intensity than permitted in the other Central Business Zones.
Amend Table 2C-1 - Principal Uses Allowed in the Commercial Zones, as follows:
Table 2C-1 - Princi al Uses Allowed in Commercial Zones
USE CATEGORIES SUBGROUPS CO-1 CN-1 CH-1 CI.1
Residential Uses
CC-2 CB.2 CB-5 CB.10 MU
Household Living Uses Detached Sinele Familv Dwellincs P
Detached Zero Lot line Dwellinas PR
Attached Sinnle Familv Dwellinas PR
Duolexes PR
Grouo Households PR PR PR PR PR PR PR
Multi-familv Dwellinas PR PR S PR PR PRlS P
Group Living Uses Assisted Group Living PR S PR
lndeoendent Group Living
Fraternal Groue Livina
Commercial Uses
Adult Business Uses PR
Animal-related General S PR PR PR PR PR
Commercial Uses Intensive PR
Commercial Outdoor P P S
Recreational Uses Indoor PRlS PR P P P P P P
Commercial Parking PR PR PR
Uses
Eating and Drinking S PRIS P P E P P S
Establishments
Quick Vehicle Servicing S PR PR PR PR PRIS
Uses
Office Uses General Office P PR P P P P P P P
Medical/Dental Office P PR P P P P P P
Retail Uses Sales-oriented PR PR PR P P P P PR
Personal Service-oriented P PR P P P P PR
Renair.oriented P P P P P
HoSDltalltv--=Oriented Retail PR PR P P P P P PR
Outdoor Storage and Display- P PR
oriented
Surface Passenger P P P E P
Service Uses
Vehicle Reoair Uses PR PR S PR
Table 2C-1 - Princi al Uses Allowed in Commercial Zones
USE CATEGORIES SUBGROUPS CO-l CN-l CH-l CI.l
Industrial Uses
CC.2
CB.2
CB-5
CB.10 MU
Industrial Service Uses P
Manufacturing and Technical/Linht Manufacturinn PR PR PR PR PR
Production Uses General Manufacturina PR PR PR PR PR
Heaw Manufactudna S
Salvane One rations
Self-Service Storage P
Uses
Warehouse and Freight P
Movement Uses
Waste-Related Uses
Wholesale Sales Uses P PR PR PR PR
Institutional And Civic Uses
Basic UtilltV Uses PRlS PRlS PRlS PRIS PRlS PRlS PRlS PRlS
Community Service General Community Service P S S P P P P S
Uses Community Service - Shelter S S S PR PR S S
Davcare Uses PR PR PR PR PR PR PR PR PR
Detention Facilities S
Educational Facilities General PR P P P PR
Soecialized P PR P P P P PR
HosDitals PR
Parks and Open Space PR PR PR PR PR PR PR
Uses
Religious/Private Group PR P ~ P P PR
Assemblv Uses
Other Uses
Communication PR PR PRIS PRIS PRlS PRlS PRlS PRlS PR
Transmission Facility
Uses
P = Permitted PR = Provisional S = Special Exception
Amend Table 2C-2(a), as follows:
Table 2C.2(a): Dimensional Requirements for all Commercial Zones, except the MU Zone
, Maximum
Minimum Lot Requirements r.jlnimum Setbac~s Setbacks: Building Bulk
Zone Areal , Mln
Total tJlin. - Front - Max
Area dwelling Width Frontage Front, Side Rear HI. FAR
unit (ft.) (ft.) (ft.) 1ft.) (ft) HI.(ft.) -
Is.l.) (ft) (ft)
(s.l.) --
CO-l none 2,725 none none 10 0' D' none 25' none 1 or 33
CN-l 1,800 5 0' 0' See Section 22 or 35' 18 1
none none none 14-2C-7E
CH-l none nla 100 none 10 0' 0' none none none 1
'Cj:1 nla -- 0' 0' 35
none none none 10 none none 1
CC-2 none 2,725 none none 10 0' 0' none 35 none 2
CB-2 none 875 none none Q ~ ~ none 45 none f
CB-5 none none none none Oar 10' 0' 0' 12 75 25 35
CB-l0 none none none none Oar 10' 0' 0' 12 none 25 106
Notes:
nla = not applicable
1 A side setback or rear setback is not required where the side lot line or rear lot line abuts a nonresidential zone. However, where a side lot
line or rear lot line abuts a Residential Zone, a setback at least equal to the required setback in the abutting Residential Zone must be
provided along the Residential Zone boundary
1 Maximum height Is 22 feet for one-story buildings, with the following exception, One-story buildings may exceed 22 feet In height if there are
clerestory windows facing the street that give the appearance of second floor space. The maximum height for all other buildings is 35 feet.
3 Maximum FAR is 1, except for lots across the street from RM, C, or I Zones. The ma>:imum FAR is 3 for lots across the street from RM, C,
or I Zones,
, A front setback is not reqUired, except for buildings that front on Buriington Street BUlidings must be set back at ieast 10 feet from the
Burlington Street right-of-way. Building columns supporting upper stories may be located within this 10-fool setback provided an adequate
pedestrian passageway is maintained.
5 Maximum FAR is 3, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 7.
5 Maximum FAR is 10, except for lots with an approved FAR bonus, For lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 12.
7 Additional height is allowed under certain circumstances. See Section 14-2C~4C-1 d(2)
Amend 14-2C-4A-2, as follows:
2, Standards
Generally, the minimum lot area and width standards for the various Commercial
Zones are stated in Tables 2C-2(a) and 2C-2(b), located at the end ofthis Section.
Most commercial zones do not have minimum lot size or width requirements.
However, for mixed commerciaVresidential buildings, the number of dwelling units
allowed is based on the size of the lot. In the CO-I,-GN-+,- and CC-2 zones, the
maximum residential density in mixed-use buildings is similar to the residential
density of multi-family buildings in the RM-!2 zone. In the CN-! and MU Zones. the
maximum residential density is similar to the residential density of multi-familv
buildings in the RM-20 Zone. In the CB-2 Zone the maximum residential density is
similar to the residential density of multi-fa mil V buildings in the PRM Zone. but is
also limited bv the maximum FAR. The residential density in the CB-5 and CB-I 0
zone is limited onlv by the maximum FAR.
Amend 14-2C-6B, as follows:
14-2C-6 Commercial Site Development Standards
A. Purpose
The Commercial Site Development Standards ensure that commercial development is
compatible in scale and intensity to the surrounding development, unsightly elements are
screened from public view, and that safe pedestrian and vehicular circulation is established.
B. Applicability
1. The standards of this Section apply to all development in the CO-I, CC-2, CI-I, CH-
I, and CB-2 Zones, unless specifically exempted.
Amend 14-2C-61, Outdoor Storage and Display, as follows:
I. Outdoor Storage and Display
1. In the CO-t, CC-2, and CB-2 Zones
Outdoor storage and display of materials is not permitted in the CO-I, CC-2, or CB-2
Zones, except for the following:
a. Outdoor display of merchandise for immediate sale is permitted in areas
immediately adjacent to a principal building. However, the display area may not
be located along any building wall that is within 20 feet of a public street and
may not be located in a manner that obstructs building entrances and exits,
sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas.
b. An approved Temporary Use. A temporary use permit is required (See Article
14-40).
c. In the CC-2 Zone, an approved Outdoor Storage and Display-Oriented Retail
Use.
Amend 14-4B-4A-7, as follows:
7. Multi-Family Uses in the CO-t, CN-t, CC-2, CB-2, CB-5, CB-lO Zones
a. Location
The proposed dwellings must be located above the street level floor of a
building, except as provided in subparagraph e., below.
b. Maximum Density
(t) In the CO-I and CC-2 Zones: I dwelling unit per 2,725 square feet of lot
area.
(2) In the CN-I Zone: I dwelling unit per 1,800 square feet of lot area.
(3) In the CB-2 Zone: I dwelling unit per 875 square feet of lot area.
(4) In the CB-5 and CB-IO Zones: No maximum.
Amend the definition of "Household, " as follows:
In the RM-44, PRM, CC-2, CB-2, CB-5, and CB-IO Zones, a Household is defined as:
. One person; or
. Two or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency plus up to 3 unrelated persons, occupying a
dwelling unit as a single housekeeping organization; or
. a group of not more than 5 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
. a group of persons that meet the definition of a Group Household, as defined in
this Title.
Amend 14-3C-2A-7, as follows:
7. Projecting Signs in the CB-2, CB-5 and CB-lO Zones
All projecting signs proposed for properties located within the CB-2, CB-5 and CB-I 0
Zones are subject to design review.
Amend 14-3C-3A-1 as follows:
A. Levels of Design Review
1. Levell Review
a. A Levell Review will be conducted for the following designated areas,
properties, and structures:
(I) City Plaza
(2) Sidewalk Cafes
(3) Central Planning District
(4) MU and PRM Zones
(5) Projecting Signs in the CB-2, CB-5 and CB-lO Zones
(6) Certain Public-Private Partnership Agreements - level ofreview is
pursuant to the specific development agreement.
(7) Minor exterior alterations, such as signage, window placement, and color
that do not substantially change the building concept of a Council-
approved plan under Urban Renewal Project, Iowa R-14.
Amend 14-3C-38-7, as follows:
7. Projecting Signs in the CB-2, CB-S and CB-to Zones
Design Review according to the applicable standards listed in Subsection C, below.
Amend 14-48-4A-7, as follows:
7. Multi-Family Uses in the CO-I, CN-I, CC-2, CB-2, CB-S, CB-IO Zones
a. Location
The proposed dwellings must be located above the street level floor of a
building, except as provided in subparagraph e., below.
b. Maximum Density
(1) In the CO-I and CC-2 Zones: I dwelling unit per 2,725 square feet of lot
area.
(2) In the eN-I Zone: I dwelling unit per 1,800 square feet oflot area.
(3) In the CB-2 Zone: I dwelling unit oer 875 SQuare feet of lot area.
(4) In the CB-5 and CB-IO Zones: No maximum.
Amend 14-48-48-2, as follows:
2. General Animal-Related Commercial in the CN-I, CO-I, CC-2, CB-2, and CB-S
Zones
All aspects of the operation of the facility, including any accessory uses must be
conducted completely indoors within a soundproof building.
Amend 14-48-48-8, as follows:
8. Commercial Parking in the CB-2, CB-S and CB-IO Zones
Commercial Parking is limited to parking facilities owned and operated by the
municipal government.
Amend 14-48-48-10, as follows:
to. Quick Vehicle Servicing
a. All vehicular use areas, including parking and stacking spaces, drives, aisles,
and service lanes, must be screened from the public right-of-way to the S2
standard and to the S3 standard along any side or rear lot line that abuts a
Residential Zone boundary (See Article 14-5F, Screening and Buffering
Standards).
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and
vehicle conflicts along abutting streets.
c. Unenclosed canopies over gas pump islands must be setback at least 10 feet
from any street right-of-way. Fuel dispensing equipment must be setback at least
10 feet from any street right-of-way and at least 100 feet from any Residential
Zone boundary. except in the CB-2 Zone. In the CB-2 Zone. fuel dispensing
equipment must be setback at least 10 feet from anv street right-of-wav and at
least 70 feet from anv Residential Zone boundarv.
d. All lighting must comply with the provisions of Article 14-5G, Outdoor
Lighting Standards.
e. In the CN-I, CB-2, and CB-5 Zones, the proposed use will be designed and
developed with adequate separation and screening between vehicular use areas
and adjacent Residential Zones.
f. In the CN-I, CB-2, and CB-5 Zones, car washes may contain no more than one
bay and are permitted only if built in conjunction with another Quick Vehicle
Servicing Use. The car wash must be located adjacent to and on the same
property as the other Quick Vehicle Servicing Use and must be set back an
adequate distance and screened to the S3 standard along any side or rear lot line
that abuts a Residential Zone boundary.
g. In the CN-I Zone, no light source on the property, except for internally lit signs,
shall be higher than 15 feet above finished grade.
h. Where it can be demonstrated that the proposed use cannot comply with a
specific site development standard of the CB-5 Zone, the Board of Adjustment
may grant a special exception to modify or waive the provision, provided that
the intent of the development standard is not unduly compromised. The Board of
Adjustment may impose any condition or conditions that are warranted to
mitigate the effects of any variation from these development standards.
Amend 14-48-48-20, as follows:
20. Vehicle Repair in the CC-2, CI-I, CD-I, and CB-2 Zones
a. The property containing the Vehicle Repair Use must be located at least 100 feet
from any Residential Zone boundary. except in the CB-2 Zone. In the CB-2
Zone. the propertv containing the Vehicle Repair Use must be located at least 70
feet from anv Residential Zone boundarv.
b. No vehicle shall be stored on the property for more than 45 continuous days.
c. The site must be designed to minimize views of vehicular use areas from the
public right-of-way and from adjacent properties.
(1) Outdoor storage areas, including storage of vehicles to be repaired, must
be concealed from public view to the extent possible. If it is not feasible to
conceal the storage areas behind buildings, the storage areas must be
setback at least 20 feet from any public right-of-way, including public
trails and open space, and screened from public view to at least the S3
standard.
(2) Other vehicular use areas that abut the public right-of-way, including
parking and stacking spaces, driveways, aisles, and service lanes, must be
set back at least 10 feet from the public right-of-way and landscaped
according to the S2 standard.
(3) All outdoor storage areas that abut other properties must be fenced to the
S5 standard and screened to at least the S3 standard (See Article 14-5F,
Screening and Buffering Standards). Landscape screening must be located
between the fence and the abutting property. The landscape screening
requirement may be waived by the Board of Adjustment (in the case of a
special exception) or by the Building Official, upon presentation of
convincing evidence that a planting screen cannot be expected to thrive
because of intense shade, soil conditions, or other site characteristics. The
presence of existing pavement, by itself, shall not constitute convincing
evidence.
Amend 14-4B-4C-1, as follows:
C. Industrial Uses
1. Technical/Light Manufacturing and General Manufacturing in the CC-2, CB-2,
CB-5, and CB-I0 Zones
a. The proposed use is limited to a "cottage industry" as defined in ArticleI4-9A,
General Definitions.
b. The proposed use is limited to 5,000 square feet of gross floor area, excluding
floor area devoted to other principal or accessory uses, except as provided in e.,
below.
c. The proposed use meets the performance standards for off-site impacts
contained in Article 14-5H, Performance Standards. The City may require
certification of compliance from a registered professional engineer or other
qualified person.
d. The following General Manufacturing Uses are prohibited.
(1) The manufacturing of chemicals and allied products;
(2) Any manufacturing establishment that includes milling or processing of
grain;
(3) Leather tanning;
(4) Manufacturing of motor vehicles;
(5) Manufacture or processing or rubber or plastics;
(6) Textile mills.
(7) The limit on floor area for a proposed use may be increased from 5,000
square feet up to 15,000 square feet by special exception.
Amend 14-4B-4C-9, as follows:
9. Wholesale Sales in the CC-2, CB-2, CB-5, and CB-lO Zones
a. Wholesale Sales (as a principal or accessory use) is allowed ifin conjunction
with a Retail Use or an Eating and Drinking Establishment.
b. Anyon-site accessory storage or warehouse facilities must not exceed 40
percent ofthe floor area of the principal uses on the property as stated in
subsection 14-4C-2W, Storage Buildings and Warehouse Facilities.
Amend 14-4B-40-5, as follows:
5. Community Service - Shelter Uses
a. Maximum Density
(1) In the RM-12 and MU Zones: 750 square feet oflot area per permanent
resident and 200 square feet of lot area per temporary resident.
(2) In the RM-20, RNS-20, and CO-I Zones: 550 square feet of lot area per
permanent resident and 200 square feet of lot area per temporary resident.
(3) In the RM-44, PRM Zones, CI-I, CC-2, and CB-2 Zones a minimum of
300 square feet oflot area per permanent resident and 200 square feet of
lot area per temporary resident is required.
Amend 14-4B-4E-5, as follows:
5. Communication Transmission Facilities in Commercial Zones and the ID-C
Zone; Privately-Owned Commnnication Transmission Facilities in Public Zones.
a. Communications antennae are permitted in all Commercial Zones, the !D-C
Zone, and in Public Zones provided the following conditions are met:
(I) The antenna must be mounted on another structure allowed in the zone,
such as a rooftop, light pole, or utility pole.
(2) In the CN-l and COol Zones and in any !D-C Zone that is intended for a
future CN-l Zone, strobe lighting is prohibited. Therefore, any antenna
that requires such illumination is prohibited in these zones.
(3) In Public Zones and in the CC-2, CH-l, CI-l, CB-2, CB-5, and CB-IO
Zones and in any !D-C Zone not intended for a future CN-l Zone,
antennae may not be illuminated by strobe lights unless required by federal
regulations. If alternatives are allowed under federal guidelines, strobe
lights may not be used.
(4) Any equipment associated with an antenna must be located within the
exterior walls of the building to which the antenna is attached or screened
from view of the public right-of-way and any adjacent property to at least
to the S3 standard (See Article l4-5F, Screening and Buffering Standards).
If the equipment is located on the roof it must be set back and screened so
that it is not within public view or appears to be part of the building.
b. Communications towers are allowed by special exception in Public Zones, the
ID-C, CO-I, CN-I, CH-I, CI-I, CC-2, CB-2, CB-5, and CB-IO Zones and must
comply with the following approval criteria:
(1) If the proposed tower will be located in an \D-C Zone that is intended for a
future Neighborhood Commercial Zone according to the Comprehensive
Plan, as amended, then it must comply with any specific standards listed
below for CN-I Zones.
(2) The proposed tower serves an area that cannot be served by an existing
tower or industrial property or by locating antennae on existing structures
in the area. The applicant must document attempts to utilize existing
structures, towers, or industrial properties within one-half mile of the
proposed tower.
(3) The proposed tower will be constructed in a manner that will camouflage
the structure and reduce its visual impact on the surrounding area.
Examples of camouflage design include towers camouflaged as flag poles,
monuments, steeples, or the integration of rooftop towers onto existing
buildings, water towers, etc. Rooftop towers must use materials similar to
or that blend in with the structure to which it is attached. Other
camouflaged tower structures must be of similar height and appearance as
other similar structures allowed in the zone, e.g. towers camouflaged as
light poles or utility poles must be of similar height and appearance as
other such poles.
(4) The proposed tower will be no taller than is necessary to provide the
service intended. In the \D-C (except areas intended for CN-I), CH-I,
CC-2, CI-I, CB-2, CB-5 and CB-IO Zones, communications towers are
exempt from the maximum height standards of the base zone, but under no
circumstance may the tower be taller than 120 feet from grade. In the CO-
I, CN-I, and any \D-C Zone intended for CN-I, communications towers
must comply with the same height standards that would apply to the type
of structure to which they are attached. For example, if the tower is
camouflaged as a light pole, flag pole, or utility pole it must not exceed the
height limitation for such structures as specified in the base zone. If no
height standard exists in the code for such a structure, it must be designed
to be of similar height and appearance to other similar or typical structures.
If the tower is camouflaged as a chimney or other similar rooftop structure,
the Board may exempt it from the base zone height standards if it is
designed as if it were an integral part of the building and is not out of scale
or proportion to other similar rooftop structures.
(5) The proposed tower will be setback at least a distance equal to the height
of the tower from any Residential Zone, ID-RS Zone, and ID-RM Zone.
(6) Any equipment associated with the tower facility will be enclosed in an
equipment shed or building, which must be adequately screened from view
of the public right-of-way and any adjacent residential or commercial
property .
(7) The proposed tower will not utilize a back-up generator as a principal
power source. Back-up generators may only be used in the event of a
power outage.
(8) In the CN-l and CO-l Zones and in any ID-C Zone that is intended for a
future CN-l Zone, strobe lighting is prohibited. Therefore, any tower that
requires such illumination is prohibited in these zones. The tower will not
be illuminated by strobe lights unless required by federal regulations. If
alternatives are allowed under federal guidelines, strobe lights may not be
used.
(9) The proposed tower may be designed and constructed to accommodate up
to two additional users, provided this additional capacity does not prevent
the applicant from adequately screening or camouflaging the use.
(10) If use of the tower is discontinued, the tower and any associated equipment
must be removed by the owner of the tower or the owner of the property
within one year of discontinuance of use.
Amend Table 4C-1, as follows:
K. Drive-Through Facilities
1. Drive-through facilities are allowed according to Table 4C- J, below.
Table 4C-1: Drive-Through Facilities
Zone Drive-through facilities allowed Additional requirements
10 Zones None permitted Not applicable
Residential Zones None Permitted Not applicable
CQ-1 Zone Limited to facilities thai are accessory to financial Special exception required. See additional
institutions approval criteria listed below.
CH-1, CI-1 Zones permitted Drive through lanes must be set back at
least 10 teet from property lines and must
be screened from view of any abutting
Residential Zone to the S3 standard (See
Article 14-5F, Screening and Bullering
Standards).
CN-1 Zone Limited to facilities that are accessory to financial Special exception required. See additional
institutions and pharmacies. approval criteria listed below
Maximum of 2 lanes allowed for a financial
institution;
Maximum at 1 lane allowed for a pharmacy
CC.2 and CB.2 Zones Permitted by special exception Special exception required. See additional
approval criteria listed below.
CB-5, CB-10 Zones None permitted Not applicable
R~A/' 'se d
IJ- -I J. - 05
Amend Table 5A-2, as follows: (Note: the remainder of this table is unchanged.)
Table 5A-2: Minimum Parking Requirements for all zones, except the CB-5 and CB-10
Zones
USE CATEGORIES SUBGROUPS Parking Requirement Bicycle
Parkina
Residential Uses
Household living Uses Multi- All zones, except PRM Efficiency & I-bedroom units: 1 space per dwelling unit 0.5 per d.u.
tamily 2-bedroom units: 2 spaces per dwelling unit 1.0 per d.u.
Dwellings 3-bedroom units: 2 spaces per dwelling unit 1.5 per d.u.
4-bedroom units: 3 spaces per dwelling unit 1.5 per d.u.
5-bedroom units: 4 spaces per dwelling unit 1.5 per d.u.
PRM Zone Efficiency, 1- & 2- bedroom units: 1 space per dwelling 1.0 per d.u.
unit
3-bedroom units: 2 spaces per dwelling unit
Units with more than 3 bedrooms: 3 spaces per
dwelling unit
Elder Apartments 1.~Pll?lper dwelling unil forin~~Ii,\!O~~n\ living units .::,
and Mpace for every 2 d~li'1llQn~J~rasslsted living' 5%
unJ~L~~oept in the PRI\1;.ari~~,.~hes. , ',.,
Inti)epRM. and C~-2 Z?~~'~~~~for every 2,,1/,'
dWelling unlts""""~,~"'0'",:",, .
'".'," ' "<':',:;;\'/i;:'"\~t"';,::,i',:;"
Office Uses General Office :'~'~l!C~ per 300 sq,..ft"Will\l9~~[ll~;-, ';'2".[,; 15%
fr~lhe MU and CB-~i~'inifadditlonal oarkina Is':
;repuired for thaI floor'a~'exoeedina 8.000 sauareTeel.
Medical/Dental Office 1.5 spaces for each office, examining room and
treatment room, provided however, there shall not be 15%
less than 5 spaces.
Amend 14-58-48, as follows:
B. Minimum Clearance Height
The minimum clearance height is measured from grade to the lowest point on the
sign. The minimum clearance height for freestanding, banner, and time and
temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2,
CB-5 and CB-lO Zones, the minimum clearance height is 8 feet.
Amend 14-56-4D, as follows:
D. Changeable Copy
1. Copy that is changed manually
Any sign may contain copy that is changed manually.
2. Copy that is changed electronically
Signs where the copy is changed by electronic means are only allowed as
specified below.
a. The sign must be located in a Commercial Zone or the MU Zone.
However, electronic changeable copy signs are not allowed within 100
b.
feet of a Residential Zone, except for Time and Temperature Signs, as
defined in Article 14-9C, Sign Definitions.
Electronic changeable copy is allowed on only one sign per lot. In the
CH-l, CI-l, CC-2, CB-2. and CB-5 Zones, a Time and Temperature Sign,
as defined in Article 14-9C, Sign Definitions shall not count toward the
one sign limit.
The changeable copy may not be animated (See definition of ANIMATED
SIGN in Article 14-9C, Sign Definitions). The copy may be changed no
more than once per hour, except for designation of the time and
temperature, which may be changed more frequently.
The sign may not contain images or be of a brightness that will interfere
with, obstruct the view of, or confuse traffic. The sign may not contain
images that may be confused with any authorized traffic sign, signal or
device. The sign may not make use of the words, "stop," "go slow,"
"caution," "drive in," "danger," or any other word, phrase, symbol or
character in such a way as to interfere with, mislead or confuse traffic.
The sign must comply with the illumination standards as specified in the
following subsection.
In the MU, CO-l, CN-l, and CB-l0 Zones, electronic changeable copy is
only allowed on a time and temperature sign (See definition of TIME
AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable
copy portion of the sign is limited to the display of the time and/or
temperature and may not exceed 40 percent of the area of the sign face.
In the CH-l, CI-l, and CC-2 Zones, electronic changeable copy is only
allowed on time and temperature signs, freestanding signs, freestanding
wide-base signs, and monument signs. On time and temperature signs,
the electronic changeable copy portion of the sign is limited to the
display of the time and/or temperature and may not exceed 40 percent
of the area of the sign face. On freestanding and freestanding wide-base
signs the electronic changeable copy portion of the sign may not exceed
40 percent of the area of the sign face. For monument signs the
electronic changeable copy portion of the sign may not exceed 50
percent of the area of the sign face.
In the CB-2 and CB-5 Zone~ electronic changeable copy is only allowed
on time and temperature signs and monument signs. On time and
temperature signs, the electronic changeable copy portion of the sign is
limited to the display of the time and/or temperature and may not
exceed 40 percent of the area of the sign face. On monument signs the
electronic changeable copy portion of the sign may not exceed 75
percent of the area of the sign face.
c.
d.
e.
f.
g.
h.
Amend 14-5B-8E, as follows:
E. Sign Standards in the CB-2. CB-5 and CB-l0 Zones
1. All signs in the CB-2, CB-5 and CB-lO Zones are subject to the standards
specified in Table 5B-4.
2. Other than for monument signs, storefront projecting signs, and portable
signs, any number of signs may be installed, provided the maximum sign area
for each type of sign is not exceeded and the provisions specified in Table 5B-
4 are met. The number of monument signs, projecting signs, and portable
signs is specified in Table 5B-4.
3. Signage for residential uses must comply with the requirements for residential
uses in the RM zones as stated in Table 5B-1.
-:':'..1'. " ',-.,..'....'.'.:..."" ,', ....,..".:'. -', ,'-'.,:<",':', ..,\. .
Table 5B-4: Sign SpecilicallQnS and Provisl!!l)s in the CB-2.CB-5 and CB-l0 Zones',.:
:",~"I;k:\~;'.""'" ,." ,--,,'_y',,!"'- ' ; ..r~".,:;' """'-_":."it".,;."~:
.. ~?;" ", SI nY~" .........il~lmum "''''''',\.'''.:':' ';.:' .
Permitted Signs . '~"PrOVlslons
.....i.,'>:;'~'.;. g....~ ..... .
~;~;,.., ""l S. Height . !::,::'\\;,:."
Facia signs 15% of sign wall area .. --
Canopy signs 12 sq. ft per sign Top of first --
story
Up to one canopy roof sign is allowed per
storefront.
The bottom edge at the sign must be located
no more than 4 inches above the canopy.
For storefronts up to 39 ft. in length
Storefronts up to 39 ft. in length: 15 sq. ft. . Maximum height of copy: 13'
Storefronts between 40 and 59 ft in length: 25 Top of first . Maximum thickness: 6"
Canopy roof signs sq. ft. story For storefronts between 40 and 59 ft in
length
Storefronts >60 ft in length: 35 sq. ft. . Maximum height of copy: 20"
. Maximum thickness: 8"
For storefronts >60 ft in length:
. Maximum height of copy: 30"
. Maximum thickness: 10"
Only one monument sign is allowed per lot or
tract
Monument sign 24 sq.ft. per sign face. 5ft When 2 or more uses are located on a lot. a
May be double.faced for a total area of 48 sq. ft. common monument sign may be installed. A
common monument sign may identify up 10 4
uses per sign face.
Awning signs 25% of awning surtace Top of first Awning signs are only allowed if the business
story does not have a projecting sign.
Window signs 25% of window area --
:-':l!'~\~c~~-4: Sign SpeCifi~~tl?~:!lnd Provi'J~!18 in the,~~.2: CB.51!~iI:~J!t~~~~n~8
:,.p~n;;i~Slg~s :~I~~m Slgn~rJ;,;;(~M~llm9~t" rrovlslori~::j: .
, ,,' ',.;....;.1:.' .' , ,., ''':-'-''-''',':'' -, ,- ,:,,',~'Ji)"';" -"'<"- "P"r' .' ' ,_.' ,..,.... ,"':r>",
Storefront projecting
sign
Portable sign
Time&
Temperature signs
Barber Poles
Directional signs
Identification &
Integral signs
Flags
Quick Vehicle
Servicing Signs
6 sq. ft.
May be double-faced for a total area of 12 sq. ft.
Up to one projecting sign is allowed per
storefront,
Projecting signs are not permitted if the
business has an awning sign, canopy sign or
canopy roof sign.
The sign may not project more than 5 ft. from
fhe building wall.
The sign may nol be illuminated.
The sign must be affixed to the building wall
or to a pole that is mounted on the building,
so that the sign is perpendicular to the
building wall.
The sign may not swing or be easily moved
by wind.
A business wishing to install a projecting sign
must show proof of liability insurance.
Sign permits are be subject to Design Review
according to the procedures specified in
Chapter 8 of this Titie.
Up to one non-illuminated portable sign is
allowed per storefront.
The sign must be placed on private property
or within a designated sidewalk cafe area.
The sign may not block access to any
doorway.
The sign must be moved inside the business
when the business is closed.
The sign must be weighted at the base 10
provide stability as approved by the Building
Official or designee.
A maximum of 2 sign faces are allowed per
sign.
12ft
6 sq. ft. per sign tace.
May be double-taced tor a totai area of 12 sq ft.
6ft
25 sq. ft. per sign tace.
May be double-faced for a total area of 50 sq ft.
Signs must not project more than 6 ft. into the
public right-of-way
Maximum diameter: 9 inches
Maximum length: 3 ft
3 sq. ft. per sign tace
May be double-faced for total area of 6 sq. ft.
2 sq. ft
Up 10 one of these signs is allowed per
building.
No permit is required.
One private flag may be displayed in
conjunction with public flags.
No permit is required.
Allowed for Quick Vehicle Servicing Uses
No permit is required.
Amend 14-5G-4C, as follows:
C. Light Trespass
The trespass standards are intended to prevent light from one property extending
beyond the property line onto adjacent properties. Compliance with this subsection
is achieved with fixture shielding, directional control designed into the fixture,
fixture location, fixture height, fixture aim, or a combination of these methods.
1. Except for lighting of loading areas, service areas, and for architectural
emphasis, floodlighting is prohibited. Floodlights are not permitted for the
illumination of parking or outdoor product display areas.
2. Floodlights, when permitted, are exempt from paragraph B.2., above, but
must be aimed no higher than 45 degrees from vertical. Floodlights must also
comply with paragraphs 3 through 5 of this subsection.
3. Lighting fixtures must be located and shielded such that the bulb is not
directly visible from any adjacent residentially-zoned property or public right-
of-way. The right-of-way trespass standard does not apply in the CB-2, CB-5
or CB-10 zones.
Amend 14-5G-5B, as follows:
B. Lighting Environment Districts
All Residential, Commercial, Office, and Industrial Zones are grouped into three
lighting environment districts that control lighting output on applicable lots in each
zone. Uses, for which the lighting standards are applicable, located within the
Public (P) Zone must comply with the lighting requirements of the adjacent zone;
those on the border between two or more zones must comply with the standards
of the strictest adjacent zone. Zones are grouped into the lighting environment
districts as follows:
1. Low Illumination District, E1
Areas of low ambient lighting levels. This District includes single-family and
low-density multi-family residential zones. This District applies to the
following zones: ID-RS, ID-RM, RR-1, RS-5, RS-8, RS-12, RM-12, and RNS-12.
2. Medium Illumination District, E2
Areas of medium ambient lighting levels. This District includes higher density
multi-family zones and lower intensity commercial and office zones. This
District applies to the following zones: ID-C, ID-I, ID-RP, CN-1, CO-1, PRM,
RM-20, RM-44, RNS-20, and MU.
3. High Illumination District, E3
Areas of high ambient lighting levels. This District includes higher intensity
commercial, industrial, and research zones. This District applies to the
following zones: CC-2, CH-1, CI-1, CB-2. CB-5, CB-10, 1-1, 1-2, RDP, and ORP.
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12/13/2005
Amend Table 5A-2, as follows: (Note: the remainder of this table is unchanged.)
Table 5A-2: Minimum Parking Requirements for all zones, except the CB-5 and CB-10
Zones
USE CATEGORIES
SUBGROUPS
Parking Requirement
Residential Uses
Household Living Uses
Office Uses
All zones, except PRM
Efficiency & 1-bedroom units: 1 space per dwelling unit
2-bedroom units: 2 spaces per dwelling unit
3-bedroom units: 2 spaces per dwelling unit
4-bedroom units: 3 spaces per dwelling unit
5-bedroom units: 4 spaces per dwelling unit
Efficiency, 1- & 2- bedroom units: 1 space per dwelling
unit
3-bedroom units: 2 spaces per dwelling unit
Units with more than 3 bedrooms: 3 spaces per
dwelling unit /
1 space per dwelling unit for independ living units
and 1 space for every 2 dwelling uni for assisted living
units, except in the PRM and CB- ones.
In the PRM and CB-2 Zones, pace for every 2
dwelling units.
PRM Zone
General Office
1 spac~ per ,300 . ft. of floor area.
In the MU an B-2 Zones no additional arkin is
re uired f at area exceedin 8000 s uare feet.
1.5 sp' es for each office, examining room and
tre ent room, provided however, there shall not be
I s than 5 spaces.
Medicai/Dental Office
Amend 14-58-48, as follows: //
B. Minimum Clearance Height /
The minimum clearance height i, ~easured from grad to the lowest point on the sign. The
minimum clearance height foyreestanding, banner, an ime and temperature signs is 10
feet. For storefront projectil}g signs allowed in the CB-~, B-5 and CB-IO Zones, the
minimum clearance heignr'is 8 feet.
I
/
Amend 14-5B-4D, as foJ(ows:
I
D. Changeable 9lPY
(
1. Copy thid is changed manually
Any sigh may contain copy that is changed manually.
2. Copy'that is chauged electronically
Signs where the copy is changed by electronic means are only all owe s specified
,oelow.
a. The sign must be located in a Commercial Zone or the MU Zone. H6wever,
electronic changeable copy signs are not allowed within 100 feet of a
Residential Zone, except for Time and Temperature Signs, as defined in Article
14-9C, Sign Definitions.
Bicycle
Parkin
0.5 per d.u.
1.0 perd.u
1.5 perd.u.
1.5 perd.u.
1.5 per d.u.
1.0 per d.u.
5%
15%
15%
b. Electronic changeable copy is allowed on only one sign per lot. In the CH-I, CI-
1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in
Article 14-9C, Sign Definitions shall not count toward the one sign limit.
c. The changeable copy may not be animated (See definition of ANIMA TED
SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more
than once per hour, except for designation of the time and temperature, which
may be cha more frequently.
d. The sign may ot contain images or be of a brightness that will interfere with,
obstruct the vie of, or confuse traffic. The sign may not co in images that
may be confused 'th any authorized traffic sign, signal or evice. The sign
may not make use 0 the words, "stop," "go slow," t'caut" n," "drive in,"
"danger," or any other word, phrase, symbol or charac r in such a way as to
interfere with, mislead confuse traffic.
e. The sign must comply wit the illumination sta ards as specified in the
following subsection.
f. In the MU, CO-l, CN-l, and B-I0 Zones electronic changeable copy is only
allowed On a time and tempera re sign ee definition of TIME AND
TEMPERATURE SIGN in Arti Ie 14- ). The electronic changeable copy
portion of the sign is limited to t d' play of the time and/or temperature and
may not exceed 40 percent of the ea of the sign face.
g. In the CH-], CI-I, and CC-2 Z es, electronic changeable copy is only allowed
on time and temperature sign frees nding signs, freestanding wide-base signs,
and monument signs. On tiJlle and te perature signs, the electronic changeable
copy portion of the sign i~{imited to t display of the time and/or temperature
and may not exceed 40 iercent of the a a of the sign face. On freestanding and
freestanding wide-basfsigns the electro ic changeable copy portion of the sign
may not exceed 40 percent of the area of e sign face. For monument signs the
electronic changeable copy portion of the 'gn may not exceed 50 percent of the
area of the sign face.
h. In the CB-2 and CB-5 Zone~, electronic cha eable copy is only allowed On
time and temperature signs and monument si s. On time and temperature signs,
the electro~ic changeable copy portion of the s n is limited to the display of the
time and/or temperature and may not exceed 40 ercent of the area of the sign
face. On monument signs the electronic change Ie copy portion of the sign
may not exceed 75 percent of the area of the sign ace.
/
--.-.
\
\
Amend 14-5B-8E, as follows:
E. Sign Standards in the CB-2. CB-5 and CB-l0 Zones
]. All signs in the CB-2, CB-5 and CB-] 0 Zones}re subject to the standards specified in
Table 5B-4.'
2. Other than for monument signs, storefront projecting signs, and portable signs, any
number of signs may be installed, pr9~ided the maximum sign area for eaeh)ype of
sign is not exceeded and the provisi']"s specified in Table 5B-4 arc met. T)le number
of monument signs, projecting signs, and portable signs is specified in }::ablc 5B-4.
3. Signage lar residential uses must co~ply with the requirements for ,residential uses in
the RM zones as stated in Table 5B- n /
T /
Table 5B-4: Sign Specifications and Provisions ill he CB-2, CB-5 and CB,I'O Zones .:
Permitted Signs Maximum Sign Area Maximum / Provisions
\ Height
Facia signs 15% of sign wall area \ -- /
Canopy signs 12 sq. fI per sign \ TOpr
5 ry
\ 7 Up to one canopy roof sign is allowed per
I storefront.
The bottom edge of the sign must be located
no more than 4 inches above the canopy.
For storefronls up to 39 fl. in length:
Storefronts up to 39 ft. In length: 15 sq. f1/ . Maximum height of copy 13"
Storefronts between 40 and 59 fl in Irgth: 25 \Top of first . Maximum thickness: 6"
Canopy roof signs sq. ft. . r For storefronts between 40 and 59 ft in
length:
Storefronts >60 fI in length: 35 S<I. ft. . Maximum height of copy: 20'
. Maximum thickness: 8"
For storefronts >60 ft in length
\ . Maximum height of copy: 30"
. Maximum thickness: 10"
\ Only one monument sign is allowed per lot or
tract.
Monument sign 24 sq.ft. per sign face. 5ft. When 2 or more uses are located on a lot, a
May be double-taced for a total area of 48 sq. It. common monument sign may be installed. A
common monument sign may identify up to 4
uses per sign face.
--
Awning signs 25% of awning surface Top of first Awning signs are only allowed if the business
story does not have a projecting sign.
Window signs 25% of window area --
~-
\
\
'.
\
,
Table 5B-4: SignSp~cifications and~~()vision" in'the 9!:1,'C~;:5 and CB-10 Zones. ..... .
Permitted Signs .' . Maximum Sign~.'ea Maximum Provisions
., Height
Up to one projecting sign is allowed per
storefront
Projecting signs are not permitted if the
business h'1S an awning sign, canopy sign or
canopy rq6f sign.
The ~ may not project more than 5 ft lrom
! the. ilding wall.
! TJ(e sign may not be illuminated.
! /fhe sign must be affixed to the building wall
Storelront projecting I 6 sq. ft.
sign May be double-~ced for a total area 01 12 sq. ft 12ft/ or to a poie that is mounted on the building,
so that the Sign is perpendicular to the
/
\ / building wall.
I The sign may not swing or be easily moved
I by wind.
I A business wishing to install a projecting sign
/ must show proof of liability insurance,
\ Sign permits are be subject to Design Review
/ according to the procedures specified in
Chapter 8 of thIS Title.
\, Up to one non-illuminated portable sign is
, /
X allowed per storefront
The sign must be placed on private property
or within a designated sidewalk cafe area.
The sign may not block access to any
6 sq ft. per sjlln lace\ doorway
Portable sign 6ft The sign must be moved inside the business
May be doubie-faced lava total area of 12 sq It when the business is closed.
, \
/ \ The sign must be weighted at the base to
provide stability as approved by the BUilding
Official or designee.
, A maximum of 2 sign faces are allowed per
sign.
Time & ' 25 sq ft. per Sign' lace. ,\ Signs must not project more than 6 fl. into the
Temperature signs May by double-faced for a total area of 50 sq. ft public right-aI-way
1\
Barber Poles \-- Maximum diameter: 9 inches
Maximum length: 3 ft
Directional signs 3 sq. ft. per sign face \
May be double-faced for total area of 6 sq. ft.
Identification & \ Up to one of these signs is allowed per
Integral signs 2 sq. ft --\ bUilding.
No permit is required.
\ One private flag may be displayed in
Fiags n conjunction with public flags.
No permit is required
Quick V~h~~!le n '~Iowed for Quick Vehicle Servicing Uses
Servlcmg igns N~ permit is required.
"" \
Amend 14-5G-4C, as follows:
c. Light Trespass
The trespass standards are intended to prevent light from one property extending beyond the
property line onto adjacent properti . ompliance with this subsection is achieved with
fixture shielding, directional co rol designed into the fixture, fixture location, fixture
height, fixture aim, or a comb' ation ofthese methods.
I. Except for lighting of I ading areas, service areas, and for architectural emphasis,
floodlighting is prohib ted. Floodlights are not permitted for the illumination of
parking or outdoor pro uct display areas. /
2. Floodlights, when per 'tted, are exempt from paragraph B.2., ab e, but must be
aimed no higher than 4 degrees from vertical. Floodlights mu also comply with
paragraphs 3 through 5 fthis subsection.
3. Lighting fixtures must be located and shielded such that t bulb is not directly visible
from any adjacent residen ially-zoned property or publi right-of-way. The right-of-
way trespass standard doe not apply in the CB-2, C or CB-I 0 zones.
Amend 14-5G-5B, as follows:
B. Lighting Environment Distri
All Residential, Commercial, Office, d Ind trial Zones are grouped into three lighting
environment districts that controlligh 'ng 0 put on applicable lots in each zone. Uses, for
which the lighting standards are applic bl , located within the Public (P) Zone must comply
with the lighting requirements ofthe a " cent zone; those on the border between two or
more zones must comply with the st ds of the strictest adjacent zone. Zones are
grouped into the lighting environme di ricts as follows:
1. Low Illumination District 1
Areas of low ambient ligh ng levels. This District includes single-family and low-
density multi-family res' ential zones. This District applies to the following zones:
ID-RS, ID-RM, RR-I, S-S, RS-8, RS 2, RM-12, and RNS-12.
2. Medium IIIumina . n District, E2
Areas of medium bient lighting levels. This District includes higher density multi-
family zones an ower intensity commer 'al and office zones. This District applies to
the following nes: ID-C, ID-I, ID-RP, C -I, CO-I, PRM, RM-20, RM-44, RNS-20,
and MU.
3. High IIIu
Areas of gh ambient lighting levels. This Di ict includes higher intensity
comme~ ial, industrial, and research zones. Thi District applies to the following
zones: C-2, CH-I, CI-I, CB-2. CB-S, CB-IO, 1,1-2, RDP, and ORP.
\
\
'-
Amendment # 6 - Residential Density in the CN-1 Zone
Change minimum area per dwelling unit for the CN-1 Zone in Table 2C-2(a) from 1
dwelling unit per 2, 725 square feet of lot area to 1 dwelling unit per 1,800 square feet of
lot area.
Table 2C.2(a): Dimensional Requirements for all Commercial Zones, except the MU Zone
Maximum
Minimum Lot Requirements Minimum Setbacks Setbacks Building Bulk
Zone --c Areal . .. Min
Total Min. Front Max
Area. dwelling Width Frortage Front Side Rear HI. FAR
unit (ft.) (ft.) (ft.) (ft.) (ft) HI. (ft.)
(s.l.) (s.I.) (ft) I. (ft)
CO-1 none 2,725 none none 10 0' 0' none 257 none 1 or 33
CN-1 :l,+2a 5 0' 0' See Section 22 or 352 18 1
none 1,800 none none 14-2C-7E
CH-1 none nfa 100 none 10 0' 0' none none none 1
CI-1 none nfa none none 10 0' 0' none 35 none 1
CC-2 none 2,725 none none 10 0' 0' none 35 none 2
GB-2 none 875 none none 0 0' 0' none 45 none 2
CB-5 none none none none o or 104 0' 0' 12 75 25 35
CB-10 none none none none Oar 10' 0' 0' 12 none 25 106
Notes
nja ~ not applicable
1 A side setback or rear setback is not required where the side lot line or rear latline abuts a nonresidential zone, However, where a side lot
line or rear latline abuts a Residential Zone, a setback at least equal to the required setback in the abutting Residential Zone must be
provided along the Residential Zone boundary.
2 Maximum height is 22 feet for one-story buildings, With the following exception. One-story buildings may exceed 22 feet in height If there are
clerestory windows facing the street that give the appearance of second floor space. The maximum height for all other buildings is 35 feel
3 Maximum FAR is 1, except for lots across the street from RM, C, or I Zones. The ma>:imum FAR is 3 for lots across the street from RM, C,
or I Zones.
'A front setback IS not required, except for bUildings that front on Burlington Street. BUildings must be set back at least 10 feet from the
Burlington Street right~of-way, Building columns supporting upper stories may be located within this 10-foot setback provided an adequate
pedestrian passageway is maintained.
5 Maximum FAR is 3, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 7.
6 Maximum FAR IS 10, except tor lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 12.
1 Additional height is allowed under certain circumstances. See Section 14-2C-4C-1d(:~)
Amend 14-4B-4A-7., as follows.
1. Multi-Family Uses in the CO-I, CN-l, CC-2, CB-2, CB-5, and CB-I0 Zones
a. Location
The proposed dwellings must be located above the street level floor of a
building, except as provided in subparagraph e ~., below.
b. Maximum Density
(1) In the CO-I, GN-+, and CC-2 Zones: I dwelling unit per 2,725 square feet
of lot area.
(2) In the CN-I Zone: I dwelling unit per 1.800 square feet of lot area.
(3) In the CB-2 Zone: I dwelling unit per 875 square feet of lot area.
(4) In the CB-5 and CB-IO Zones: No maximum.
Amendment # 7 - Damage and Destruction Clauses for Nonconforming
Uses and Structures
Amend 14-4E-5E: Damage and Destruction (of Nonconforming Uses), as follows:
E. Damage or Destruction
I. 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
assesse.! yallle replacement yalue of the structure at the time of damage or destruction,
may be restored for the same nonconforming use as existed before such damage.
Howeyer, the nonconforming use must not be enlarged to more than what existed
before such damage occurred. Any such restoration must be completed within 2 years
of the date the structure was destroyed or damaged; otherwise 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 of75 percent or more of the assesse.! yallle replacement value of the
structure at the time of dama~e or destruction, must revert to a conforming use.
3. For purposes of this subsection, the extent ofthe damage will be determined by the
Building Official based on credible evidence provided by the property owner.
Amend 14-4E-6C: Damage or Destruction (of Nonconforming Structures)
c. Damage or Destruction
I. Any nonconforming structure that has been destroyed or damaged by fire, explosion,
act of God or by a public enemy the extent of less than 75 percent of the assesseE!
value replacement value of the structure at the time of damage or destruction, may be
restored to the same degree of nonconformity or less. Any 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 ofthe strllelllre's assesseE! replacement value of the
structure at the time of dama~e or destruction, may not be restored except in
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 ofthe 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.
Amendment # 8 - Regulation of Nonconforming Occupancy
Amend 14-4E-9 as follows:
14-1A-l Re ulation of Nonconformin Residential Occupancy
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. ORee llrellgAt iRte
eempliaRee with the ellffellt, I>jlplieallle eeellpllRO)' standard a IIse ma)' Ret re,'eFt llaek te a
ReReenformiRg eeellpaRey. If a rental oermit for a dwelling unit. uoon which legal
nonconforming occuoancv is based. is discontinued. abandoned. revoked. or cancelled. said
dwelling unit must thereafter como Iv with the current. ao!>licable occuoancy standards as
set forth in the City Code.
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 indicated on said rental permit or as determined under
the provisions of subsection C. Hewe','er, the IIse ma)' Ret lle eRlarged er the eeellpaRO)'
iRereased, IIRless it is llrellght iRIs esmplillRee with tile ellrrellt, I>jlplieallle eeslIpaao)'
staRdards.
C. The maximum occupancy, as determined by the Building Official based on the applicable
regulations effective March I, 2005, will be applied to any residential use for which a valid
building permit was issued on or prior to March I, 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.
Amendment #9 - Bicycle Parking for Community Service - Shelter Uses
Amend Table 5A-2: Minimum Parking Requirements, as follows, adding a 25% bicycle
parking requirement for Community Service - Shelter Uses:
USE CATEGORIES SUBGROUPS Parking Requirement Bicycle
Parklno
Institutional And Civic Uses
Basic Utilities No minimum requirement None
required
Colleges and Universities Public Based on parking demand analysis 25%
Private Per special exception review based on parking demand 25%
analysis
Community Service General Community Service 1 space per 300 sq. ft. ot ftoor area 10%
Community Service - Sheiter 0.1 space per temporary resident based on the !i
maximum number of temporary residents staying at the
sheiter at anyone time plus 1 space per employee
based on the maximum number of employees at the
site at anyone time.
Daycare 1 space per employee based on the maximum number
of employees at the site at anyone time plus one 10%
stacking space for each 20 children.
Detention Facilities No minimum requirement None
required
Educational Facilities Elementary, middle, junior high 2 spaces per classroom
schools, and Speciaiized Educational 25%
Facilities
High schools 10 spaces per classroom 25%
Hospitals 1.75 spaces per hospital bed None
required
Parks and Open Space No minimum requirement, except for recreational uses
within private open spaces areas as follows: 5%
For golf courses, 3 spaces for each green (hole),
For other recreational or public assembly-type uses,
parking is required at half the minimum amount
required for the most similar commercial recreational
use.
Religious/Private Group Parking spaces equal to 1/6 the occupant load of the
Assembly main auditorium or the largest room in the building, 5%
whichever is greater.
Other Uses
Agriculture Plant-related No minimum requirement None
required
Animal-related No minimum requirement None
required
Aviation-related Uses Airports No minimum requirement None
required
Helicopter Landing Facilities No minimum requirement None
required
Extraction No minimum requirement None
required
Communication No minimum requirement None
Transmission Facilities required
Amendment #10: Clarify that sites that have regulated sensitive features
triggering a Levell! Sensitive Areas Review are not required to
demonstrate compliance with the approval criteria for planned
developments unless modifications to the underlying zoning or subdivision
regulations are requested.
Amend 14-3A-4 as follows:
14-3A-4 Approval Criteria
Applications for all Planned Developments will be reviewed for compliance with the fellewiRg
standards ofthis section. except for Sensitive Areas Developments that complv with all
underlving zoning and subdivision regulations. If. however. modifications to the underlving
zoning or subdivision regulations have been requested as a part of a Sensitive Areas
Development. the standards of this section will applv.
Amend 14-3A-5 asfollows:
For properties containing regulated sensitive features a Sensitive Areas Development Plan must
be submitted that demonstrates compliance with the applicable standards of Article 14-51.
Sensitive Lands and Features. aeliReates regulatea seRsiti-.'e features aRa eeRstruetieR area limits
aeeereliRg te tile prsvisisRS sf l..rtiele 11 51, SeRsiti.;e LaRds lilul features.
Amend 14-5/-3 as follows:
14-51-3 Levels of Sensitive Areas Review
A. Levell Sensitive Areas Review
I. Except for exempted activities as listed in Subsection 2C, above, a Level I Sensitive
Areas Review is required prior to development activity on property that contains any
regulated sensitive feature listed in Section 2, above, but for which a Level II
Sensitive Areas Review is not required.
2. A Sensitive Areas Development Plan submitted with the application for a Level I
Sensitive Areas Review must delineate any regulated sensitive areas and associated
buffers according to the specific regulations contained in Sections 6 through 12 of this
Article and will be approved according to the procedures for a Level I Sensitive Areas
Review as set forth in Article 14-8B, Administrative Approval Procedures.
B. Level II Sensitive Areas Review
1. Except for exempted activities listed in Subsection 2C, above, a PIlHlne6 De"eI8I'm8nt
Overlay Rezoning Level II Sensitive Areas Review is required prior to development
on properties for which any of the following activities are proposed:
a. The disturbance of a wetland or an associated buffer;
b. The removal of portions of a woodland in excess of the woodland retention
requirements contained in Section 9 of this Article, Wooded Areas.
c. The disturbance of more than 35 percent of the critical slopes on a property;
d. Disturbance of a protected slope buffer or an altered protected slope.
e. Anv develooment that contains regulated sensitive features and for which
modifications to the underlving zoning or subdivision regulations are requested.
2. The submittal of a Sensitive Areas Development Plan is required for properties
containing regulated sensitive areas for which a Level II Sensitive Areas Review is
required. Such Sensitive Areas Development Plan must delineate regulated sensitive
areas and associated buffers according to the specific regulations contained in
Sections 6 through 12 of this Article.
3. A Level II Sensitive Areas Review is considered a type of planned development and
as such must comply with the apolicable approval criteria set forth in Article 14-3A,
Planned Development Overlay and will be reviewed according to the approval
procedures for a Planned Development Overlay Rezoning as set forth in Article 14-
8D, Planning and Zoning Commission Approval Procedures.
4. If a Level II Sensitive Areas Review is required, according to the preceding
paragraphs, and other regulated sensitive features exist on the property, the planned
development rezoning application must include all evidence and required information
for all regulated sensitive features on the property.
Amend 14-80-7, Planned Development Overlay (OPD) Rezoning, as follows:
14-8D-6 Level II Sensitive Areas Review
A Level II Sensitive Areas Review and its associated Sensitive Areas Development Plan is
considered a type of planned development and as such will be reviewed according to the approval
procedures for a Planned Development Overlay Rezoning as set forth in Section 14-8D-7, below.
14-8D-7 Planned Development Overlay (OPD) Rezonin
A. Optional Pre-Application Conference
Any person intending to request an OPD Rezoning is encouraged to meet with staff from
the Department of Planning and Community Development to discuss basic intentions before
investing time in detailed plans. The pUrPose of the pre-application conference is to review
the existing zoning, discuss the purpose for the requested planned development, review
applicable Comprehensive Plan policies, including any District Plan policies that might
affect the intended request, and ensure that the applicant is familiar with the review and
approval procedures for a planned development overlay rezoning.
B. Submittal Requirements
Applications for an OPD Rezoning must be filed with the City Clerk on application forms
provided by the Department of Planning and Community Development.
1. Preliminary Approval
a. Supporting materials for preliminary approval of a Planned Development
Overlay Rezoning must be submitted as specified on the application form and
must include a Preliminary OPD Plan, a statement from the applicant listing the
category or categories of planned development applied for, a list of all requested
variations from the underlying zoning requirements or from City street
standards, and a proposed time schedule for the completion of various phases of
the development. The Preliminary OPD Plan may show a range of dimensions
and need not have the specificity of the final plan.
b. A Preliminary OPD Plan for developments containing regulated sensitive
features must be entitled, "Preliminary Sensitive Areas Development Plan."
Such Sensitive Areas Development Plans, in addition to illustrating all the
rellllima applicable elements for a planned development, must delineate all
regulated sensitive areas and associated buffers according to the applicable
regulations contained in Article 14-51, Sensitive Lands and Features and must
delineate construction area limits and list all proposed restrictions for current or
future development activity within protected sensitive areas.
2. Final Approval
a. Supporting materials for the Final OPD Plan must be submitted as specified on
the application form.
b. If the application is for a Final Sensitive Areas Development Plan, the plan must
establish restrictions for current or future development activity within protected
sensitive areas. Any such restrictions must be set forth in the legal papers
approved as part of the final plan.
C. Approval Procedures for a Planned Development Overlay Rezoning
Approval of a Planned Development Overlay Rezoning shall be by ordinance in accordance
with the following procedures. Approval of a rezoning to OPD shall constitute approval of
the Preliminary OPD Plan or, if applicable, the Preliminary Sensitive Areas Development
Plan.
1. Staff Review
Upon receipt of a complete application, staff from the Department of Planning and
Community Development will review the application for compliance with the
applicable approval criteria filr !llann.a E1eveleJ'lments as set forth in Article l4-3A,
Planned Development Overlay. Staff will forward a report and recommendation to the
Planning and Zoning Commission for their consideration.
2. Planning and Zoning Commission Review
a. After receipt of a report and recommendation from City staff, the Planning and
Zoning Commission will schedule one or more public meetings to receive public
comment regarding the application. The Commission will then make a written
report of its findings to the City Council with a recommendation for approval,
approval with conditions, or denial ofthe Planned Development Overlay
Rezoning. The report shall include findings with regard to the aDDlicable
approval criteria fer planned de'/elepments as set forth in Article l4-3A of this
Title, Planned Development Overlay. Ifthe Planning and Zoning Commission
makes no report within 4S days from the date a complete application was
received, it shall be considered to have made a report approving the proposed
Planned Development Overlay Rezoning.
b. Not less than four votes shall be required to recommend approval of a Planned
Development Overlay Rezoning.
Amendment #11 - Automatic refund of unspent funds paid in lieu of land
dedication
Amend 14-5K-6, Use of Funds, as follows:
14-SK-6 Use of Funds
A. The City's Neighborhood Open Space Plan, as amended, divides the City into
Neighborhood Open Space Districts. All payments in lieu of dedication shall be deposited
in a special neighborhood open space account designated by the name of the contributing
development. All payments will be used to acquire or develop open spaces, parks,
recreation facilities and greenways/trails that are located within the Neighborhood Open
Space District containing the subject subdivision or planned development and will benefit
the residents ofthe subdivision or planned development for which payment has been made.
B. The City must use the payment in lieu of dedication within five years from the date
received. This period will be automatically extended an additional five years if the
subdivider/developer has not constructed at least 50 percent of the units within the
subdivision or planned development for which payment in lieu of dedication has been
made.
C. If the City has not spent the funds by the last day of the five-year period or, if extended, by
the last day of an additional five years, the Ilrallerly awner Qtr.shall within 90 davs
thereafter mail to the properlY owner. at the address on file with the Johnson County
Treasurer's Office, be entitJea te a proportional refund based on the percentage of the
platted lots they own of the total platted lots in the subdivision or planned development. +lie
awner ef tile Ilrallerly Hllist reEllicst sliell realRa in writing within 189 ealeaaar aays af tile
aate tllat tile IlralleFty ewacr is entitlca te a reflia"; ar tile fight te a refuna will e"llire. The
subdivider's agreement/development agreement for each subdivision/planned development
for which the subdivider/developer has made payments in lieu of dedication shall inelliae a
seetian slleeifieall)' aesefibiag tile refuaa, aaa sllall alsa slleeiJieall)' abligate tile
slibah'i"er/"e'ielaller ta inform all property owners and successors in interest to properties
in the subdivision/planned development ofthe right to a refund as provided for herein.
ae'ielallHlcnt aftlle aecessil)' afsubHlittiag a 'mitten reqliest fer!IH)' suell refuaa.
Since the open space requirements are repeated in the Subdivision Code (current 14-
70), this section of the Subdivision Code should also be amended. The simplest means
would be to delete the current 14-70-2 through 14-70-6, and replace with the following:
15-4-2 Dedication of Land or Payment of Fees In Lieu of Land
Required
As a condition of approval for residential subdivisions, commercial subdivisions containing
residential uses, and planned developments, the applicant shall dedicate land, pay a fee in lieu of
land, or a combination thereof, for park, greenway, recreational and open space purposes, as
determined by the City and in accordance with the provisions of Article l4-5K, Neighborhood
Open Space Requirements.
Amendment #12: P&Z votes required for approval
Amend 14-BD-3F: Planning and Zoning Commission Review (for Comp Plan
amendments), as follows:
F. Planning and Zoning Commission Review
I. After receipt of a report and recommendation from City staff, the Planning and
Zoning Commission will schedule a public hearing. Notice of such hearing, and the
time of place of such hearing will be published in a newspaper having a general
circulation in the City at least 7, but not more than 20 days before the public hearing.
2. Following the public hearing, the Commission will consider a motion to recommend
approval, modification, or denial of the proposed amendment. LA. twa thirEls '.ata af tha
mamea," af the Cammissian present at tha meeting, eut Not less than four votes shall
be required in eansiEloratian afto recommend approval of an amendment to the
Comprehensive Plan.
3. The Commission will forward their report and recommendation to the City Council
for their review.
Amend 14-8D-5E: Planning and Zoning Commission Review (for rezonings), as follows:
E. Planning and Zoning Commission Review
1. After receipt of a report and recommendation from City staff, the Planning and
Zoning Commission will schedule one or more public meetings to receive public
comment regarding the proposed request. The Commission will then make a
recommendation for approval, approval with conditions, or denial to the City Council.
2. If the Planning and Zoning Commission makes no report within 45 days from the date
a complete application was received, it shall be considered to have made a report
approving the proposed amendment.
3. .\ twa thirEls yate aftha memea," aftlle Cammission present at tha meeting, eut Not
less than four votes shall be required in eansiEloratian af to recommend aooroval of an
amendment to this Title or to the boundaries of zoning districts or to the zoning of a
particular parcel of land.
Amend 14-8D-7C-2b: Planning and Zoning Commission Review (of planned
development overlay rezonings), as follows:
2. Planning and Zoning Commission Review
a. After receipt of a report and recommendation from City staff, the Planning and
Zoning Commission will schedule one or more public meetings to receive public
comment regarding the application. The Commission will then make a written
report of its findings to the City Council with a recommendation for approval,
approval with conditions, or denial of the Planned Development Overlay
Rezoning. The report shall include findings with regard to the approval criteria
for planned developments as set forth in Article l4-3A of this Title, Planned
Development Overlay. If the Planning and Zoning Commission makes no report
within 45 days from the date a complete application was received, it shall be
considered to have made a report approving the proposed Planned Development
Overlay Rezoning.
b. A twe tllin.!s vete ef tile memBers ef tile Cemmissien present at tile meeting, But
Not less than four votes shall be required in eensiaeratien to recommend
approval of a Planned Development Overlay Rezoning.
Amendment #13: Council meeting with Planning and Zoning Commission
Amend 14-8D-5F, City Council Public Hearing (on rezonings), as follows:
F. City Council Public Hearing
I. After the recommendation and report of the Planning and Zoning Commission have
been filed, the City Council shall, before enacting any proposed amendment hold a
public hearing in relation thereto. Notice of such hearing, and the time of place of
such hearing must be published in a newspaper having a general circulation in the
City at least 7, but not more than 20 days before the public hearing. In no case shall
the public hearing be held earlier than the next regularly scheduled City Council
meeting following the published notice. The City Council may set such public hearing
either before or after it submits the proposed amendment to the Commission for its
recommendation or during the period while the Commission is considering such
matter.
2. Following the public hearing, the City Council shall consider an ordinance
implementing the proposed Zoning Map Amendment or Zoning Code Text
Amendment. In those instances when the City Council has reached an informal
consensus on a proposed Zoning Map Amendment or Zoning Code Text Amendment
that is contrary to the recommendation of the Planning and Zoning Commission, the
City Council will defer formal action on the matter until a discussion has taken place
between the City Council and the Planning and Zoning Commission. In such
instances. if the Planning and Zoning Commission declines the City Council's offer to
meet. formal action on the matter mav commence forthwith.
Amend 14-8D-7C-3, City Council Hearing (on a planned development overlay rezoning),
as follows:
3. City Council Heariug
a. After the recommendation and report of the Planning and Zoning Commission
have been filed, the City Council shall, before approving any Planned
Development Overlay Rezoning, hold a public hearing in relation thereto.
Notice of such public hearing, and the time of place of such hearing must be
published in a newspaper having a general circulation in the City at least 7, but
not more than 20 days before the public hearing. In no case shall the public
hearing be held earlier than the next regularly scheduled City Council meeting
following the published notice. The City Council may set such public hearing
either before or after it submits the proposed Planned Development Overlay to
the Commission for its recommendation or during the period while the
Commission is considering such matter.
b. Following the public hearing, the City Council shall consider an ordinance
approving the proposed Planned Development Overlay Rezoning. In those
instances when the City Council has reached an informal consensus on a
proposed Planned Development Overlay Rezoning that is contrary to the
recommendation of the Planning and Zoning Commission, the City Council will
defer formal action on the matter until a discussion has taken place between the
City Council and the Planning and Zoning Commission. In such instances. if the
Planning and Zoning Commission declines the City Council's offer to meet.
formal action on the matter may commence forthwith.
Amendment #14 - Delete the requirement for a "good neighbor meeting."
Delete 14-8A-2:
~. .'
A. '-Jlplieability
.^. Ileighberhaea meetillg is reEtllirea prier te sllbmittal ef aIlllflplieatiall fer any efthe
fallawillg:
1. AAHeJ(atien;
2. Camprehellsi...e Plall Amellament;
3. Rez0RiRg ta a CemmeFsial, In8Hstrial, ef ResearsA ZeAe fer prsperty aeljaeeAt tEl a
Resiaential Zane.
1. :\ ReZElRiRg in MY resideRtial zeBe fRat '.veldd result in aft liflz0RiRg, as seBRee in tHis
+itIe,
5. Plannea DevelsflmeRt OT/srlay Rez8RiRg;
6. Level II Sellsiti"e Areas Revie.....;
&r TimiRg
The neighberheea meetillg shall be hela at least] 9 aays bllt Ilet mere thall 99 a~'s befere
the sllbmissian efthe applieatiell te ...:hieh it relates.
C. Netiee
I. The prejeet prepellent mllst pre...iae mailea netiee efthe Ileighberheea meetiag at
least] 9 bllt net mere thllll 29 a~'s be fare the meetillg, follevo'illg the fefHIat, eellteat
aIla preeeallres set feFlh belew. The applieaat er prejeet prepenellt shall be
respellGible fer the netiees, withellt invelvemellt efthe City. f. eepy efthe mailea
Iletiee IllIlGt be pre,..iaea te the Direeter ef Plllllllillg ana De,..elepllleat at the same
time it is mailea te sllrrellllaillg prep.~' ewaem.
2. The Ilflplieant shall mail a aetiee efthe Ileighberheea meetillg te ewners efreeera ef
real prep.~' leeatea...:ithill a raaius ef 399 faet efthe preperty lines efthe pareel
lIaaer eellGiaeratiell. SlIeh Iletiee shall be mailea aet I.ss than 19 .alellaar a~'s prier
te the sehealllea meetillg.
3. III eases where the eWllers efreeera efreal prepert). within 3(11) foet efthe pre pert).
lilles efthe pareelllnaer eellsiaeratiell are paFl ef a eellaemillilllll ae....lepllleat er
mallllfaetllrea heusillg parI" Iletiee efthe Ileighberheeallleetillg shall be Illailea te the
presiEleRt'maaager efthe IIemeeTNReFs' AsseeiatieR iR lieu efmailiRg a Relies te eaek
uBit BY/fler.
4. MailealletieeG shall eelltaill the fellewiag speeifie illfefHIatiaa:
II. Geaeralle.atiell enaRa that is the sllbjeel efthe applieatiell;
b. Cempesite legal aeseriptiea fer allY prepeGea rezellillg ana skeet aaaress ef all
lets ef reeera that are the sllbjeet ef the applieatiell;
e. SlIbstanee ef Iljlplieatiell, illelllaillg the intensity ef prepesea aoveleplllelll aIla
the ellFfeat zelliag aIlalallallse;
d. Time, elate 1HIe1leeatiea eflhe aeighberheeel meetiag;
e. /.. pASHa Humber tEl eSRtaet the 9:l3plieaflt aT his/lieI' reJ3fesefltati~;e.
D. RepeR
THe epplieaat er prejeel prepeaeat sHall iaelHele ia tHe eflplieatiea a repert efthe pHblie
meetiag, iaelHeliag at leest the folle'.\'iag:
I. f. eepy ef tHe ferm ef aetiee maileel em aHeI a liQI ef persea5 te wHem aetiee 'Nas
maileel;
2. A list efpersea5 alteaeliag, iaelHeliag a eeHat eftHese persea5 alteaeliag '.yHe eHese
Ret to diselese their iaeHtities;
3. .\ eep)' ef aH)' materials HMeleel em at tbe meetiag by tHe 8flplieaat;
1. .\ SHffifRary ef ElH.estieRs, eeReeFflS, ElisellssieRs aHa atkaI' S\:lBstaRth'e matters
diseHssea at the meetiag;
5. The epplieaat's re5pease te 00)' aeigbberHeeel eeaeeFRS, tjlleslieas er isslles, iaellleliag
ielealiJieatiea ef eny eHaages meele Ie tHe prepeseel prejeet as a resHk eflHe meeliag.
Amendment #15 and #16 - Clarify access standards for non-residential
uses along local and collector streets
Amend subparagraph 14-5C-5C-1, as follows:
C. Non-Residential Uses
1. Determining the Number and Location of Access Points
a. The City will grant direct lot access to local or collector streets that are non-
residential in nature. provided traffic circulation and/or public safety will not be
compromised. The City will determine the number. location and design of the
access based on the size and location of the nonresidential development, the type
of use, the anticipated traffic and safety issues. the lesatien, and the surrounding
land uses. aRe thE! a'/ailaeility sf efess aseess easemeRts, aT alley aT ~ri\'ate Fear
lane assess. Based en these factom, the City will deto_ine the number,
loeatien and design of the aeeess ]loints.
b. When a site is being developed or redeveloped for nonresidential uses. existing
access points along local or collector streets mav be retained in most instances.
However. the City mav require that an access point be moved or combined with
another access point in order to prevent public safety or traffic circulation
problems that might reasonablv be expected to occur due to the development or
redevelopment of the site.
Amendment # 17 - Clarification of lot line and setback definitions for corner
and double frontage lots
Amend 14-9A, General Definitions, as follows:
LOT, CORNER: A lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE: A lot having frontage on two parallel or approximately
parallel streets.
LOT, INTERIOR: A lot bounded by a street on only one side.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts the side of another lot.
Replace current illustration of lot types with the following illustration:
STREET
STREET
-i-i--T-i
I I INTERIOR I CORNER I
I I LOT I LOT I
DOUBLE
FRONTAGE
I LOT L__I__J
I I I I
I I INTERIOR I CORNER I
I I LOT I LOT I
_L_~__l_~
STREET
~
w
~
t;;
,----1-1-
I REVERSED I I
CORNER LOT INTERIOR
~____~ LOT I
I INTERIOR L _ ~ -
I LOT I I
r- - - - - -i INTERIOR I
I LOT
I REVERSED I I
CORNER LOT
L____L_~_
STREET
LOT DEPTH: The average horizontal distance between the front lot line and the rear lot
line or the distance between the midpoint of the front lot line and the midpoint of the
rear lot line. On a double frontage lot, lot depth is the average horizontal distance
between the two parallel or approximate Iv parallel front lot lines.
LOT LINE, FRONT: A lot line separating a lot from the street right-of-way. On corner
lots, the front lot line is the shortest street dimension, unless the lot is square or almost
square, having dimensions at a ratio between three to two (3 :2) and three to three
(3:3). In that case, the front lot line may be along either street. On double frontage lots
there are two front lot lines.
LOT LINE, REAR: The lot line opposite and most distant from the front lot line. In the
case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet long,
parallel to and farthest from the front lot line. However, on a double-frontage lot, there
is no rear lot line.
LOT LINE, SIDE: Aa)' lot liRe whish meet5 the eRd ef a freRt lot liRe, er Any lot line that
is not a street-side lot line. front lot line or rear lot line.
LOT LINE, STREET-SIDE: Any lot line that separates a lot from the a public or private
street right ef WlIj' (not including alleys or private rear lanes).
LOT WIDTH: The length of the front setback line. On corner and double frontage lots. the
lot width is measured along the shortest street frontage. unless the lot is SQuare or
almost SQuare. having dimensions at a ratio between three to two (3:2) and three to
three (3:3). In that case. the lot width mav be measured along either street.
Replace the current illustration of lot lines with the following illustration:
~
;u
m
'!I
lM"~ ,"""~n~I_~n.\\ \
I I I I XREAR LOTLINE
~I I I p~
~I I~ I ~ I~ \~
~I I~ I~ I~ ~~~
~I I~ I~ I~ C\\
leRONT L~E-1 FRONT ~ L~ ~ONT LOT.::'.':':. ~R~OT LINE .i
STREET-SIDE LOT LINE STREET-SIDE LOT LINE STREET-SIDE LOT LINE STREET-SIDE LOT LINE
<l'"
\
"
STREET
SETBACK (AREA), FRONT: The area on a lot between the street-side lot liners) and the
front setback line. eJaeadiRg Hem aRe side let liRe te Mather side let liRe aRd l1etweeR
the ffeRt setba.k liR. aRd th. slreet right ef WlIj' liRe.
SETBACK (AREA), REAR:. On an interior lot. the rear setback is the area extending from
one side lot line to another side lot line and between the rear setback line and the rear
lot line. On a corner lot. the rear setback is the area extending from the side lot line to
the front setback line between the rear lot line and the rear setback line. On a double
frontage lot there is no rear setback.
SETBACK (AREA), SIDE: The llfea bellRded by the fraRt setbasl, liRe, the fellf setbaek
liAe, the side setBaek liRe, Md the side lot liae. Anv setback area between a side lot
line and a side setback line that is not a front setback area or a rear setback area.
SETBACK LINE: The line beyond which a specified use, object, building or structure
shall not project, except as specified in this Title.
SETBACK LINE, FRONT: A line drawn Hem eRe side let liRe te aRather side let liRe,
parallel to the street and as far back from the street as specified for the principal
building, front setback.
SETBACK LINE, REAR: A line drawn frem ene siEJe let line te afletller siEJe let line,
parallel to the rear lot line and as far forward from the rear lot line as specified for the
principal building, rear setback.
SETBACK LINE, SIDE: A line drawn frem tile front let line to tile rear let line, parallel to
the side lot line and as far from the side lot line as specified for the principal building,
side setback.
Replace the current illustration of setback lines and setback areas with the following
illustration:
--~
L
L
FronlLol Line &
StreetsKleLolLine
//;::~~,>
~-1 -
Front
Setback
Line
Side Lot Line
'1... S~~:Ck
Lines
STREET
STREET
--T-I
'.,L,'""' II I
/" I
__I__--j
I
----~
-I
Rear I
Setback
~n~~
"
"
"
Front
Setback
Line
I
"0/-,:':;7-""
//~///
,
Front Lot'Une&
Slreetside Lot Line
STREET
STREET
DOUBLE FRONTAGE LOT
INTERIOR LOT
L
Fronl Lol Line &
StreelsideLolLine
~
-II -11- S~i~~~k . /~;<28:~1 s~l~~k I
Side Lol Line Side l;~' I
I Setback (;: StreelsideLolUne
une(r""
Rear ~ [;;:
I Setback V'
Line ,.i-'.
I r-- ~
I I Real Lol Line I
_L_-.--l____~
STREET
KEY
r:/'0~A Front setback area
_ Side setback area
F5;?;<<1 Rear setback area
"
"
"
STREET
CORNER LOT