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Home My WebLink About2010-08-31 Ordinancei r~, _,..., Prepared by: Christina Kuecker, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDI G THE IOWA CITY ZONING CODE, SECTION 14-3B-1 HISTORIC DISTRICT OVERLAY ZO E; SECTION 14-8E-2 HISTORIC REVIEW SECTION 14-8E-3 CERTIFICATE OF ECONO C HARDSHIP; AND SECTION 14-2B-6 ULTIFAMILY SITE EVELOPMENT STANDARDS WHEREAS, the City's zoning c de adopts and incorporates the istoric Preservation Handbook, which establishes guidelines r the designation of historic Istricts, conservation districts, and historic landmarks and the review of a erior projects on such pro ernes; and WHEREAS, one goal and objective of a Iowa City His into the Iowa City Comprehensive Plan, is to stre mline, clarify, review process; and WHEREAS, the Iowa City Historic Preservatior'~ Iowa City Historic Preservation Handbook to implement WHEREAS, the Historic Preservation Commission recommend approval of the revised Iowa City Historic P meeting; and 'reservation Plan, incorporated simplify the historic preservation sion and City Staff have revised the GIs and objectives; and 9-0 (Thomann absent) to ~n Handbook at the May 13, 2010 WHEREAS, the Planning and Zoning Commis ion voted to recommend approval of the revised Iowa City Historic Preservation Handbook a amend the z ing code accordingly. NOW, THEREFORE, BE IT ORDAINED THE CITY COUN L OF THE CITY OF IOWA CITY, IOWA; SECTION I. The Code of Ordinances o the City of Iowa City, low is hereby amended as follows: A. Adding to paragraph 1 of subsection 4-3B-1(D) the following: g. Northside Historic District ~~ t':7 ~-•, C~ •~~. '~ ~"" ~ TM ,, ` 6 4..n~~...~ ~~ r w 7 m C"~ J -1 ~s2QWN ST +~n r - (r ~ ~ z ~ ~ ~- ~ ~ ~ `~ ~ ~w E z ~ i ~ _- ( i c~ ~ RUNAL[~5 ~T I l ~ - r ~ ~7 ?CH 5T ~~ ~l { ~ i i~ f A3i2GHiLn S T ~~ ~y~ w~ GA I ~, t3l.UJM B. Deleting subsection 14-8E-2B, and substituti , B. Levels of Historic Review 1. Minor Review I 1 ~- ~T ST r ~ ~ . _ ~ _ ~ t ~ s .. ~ ca ~_~ ~ GTirN S in lieu t ere of: rya c-fi c~7 ~' '` r--•- °'~ ~v .. -.~ ~- ;. ~ ~ ~--.t r~ a. A minor review ill be conducted if a change proposed in the application is f a type specifically d fined and listed as eligible for Minor Revi in the Iowa City Histori Preservation Handbook, as amende b. Applic ions for minor review will be re 'ewed by a designated Co fission member or designated sta to the Commission. Applications will be approved upon findi that the proposed change to the property will have no material effe on the historic character of the property or the Historic or Conservation District. Decisions may be appealed to and reviewed by the Historic Preservation Commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic character of the property or Historic or Conservation District, the application for minor review will be deferred and will be forwarded for major review by the Historic Preservation Commission. c. A written report of the minor reviews processed shall be made to the Commission at the next scheduled Commission meeting. 2. Intermediate Review a. An intermediate review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for Intermediate Review in the Iowa City Historic Preservation Handbook, as amended. b. Applications for intermediate review will be reviewed jointly by the designated Commission staff and the Historic Preservation Commission Chair or the Chair's designee. Decisions may be appealed to the Historic Preservation Commission, if so requested by the applicant. If the designated Commission staff or the Historic Preservation Commission Chair determines that an application warrants review by the full Commission, said application will be forwarded for major review. c. A written report of the intermediate reviews processed shall be made to the Commission at the next scheduled Commission meeting. 3. Major Review a. A major review will be conducted for applicati s that meet one or m of the following criteria: (1) The application is for a specific cha ge that does not qualify for minor or intermediate review; (2) he application is for minor or ~ termediate review and has b en recommended for majo review by the designated Co mission staff or the Hi oric Preservation Commission Chaff ; or (3) An ap al of a decisio regarding a minor or intermediate review. C 1. Applications fora rtificate of Economi Hardship must be filed~with >k~e Department of P nning and Community evelopment. -- ~p--=' 2. The applicati shall consist of a letter an supporting materials that provide evidence of a approval criteria for a cert icate of economic hardship as set forth in Article 4-3B, Historic District and Con ervation District Overlay, are met. 3. Theo er must in good faith consult with the Historic Preservation Commission, local res ation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Documentation of such effort must be presented to the Commission. b. Major reviews wi be con cted by the Historic Preservation Commission. Appl atio that are denied may be appealed to the City Council if the p o rty is a Historic Landmark or a property located within a Hist ric District; or appealed to the Board:.®f Adjustment if the op rty is located within a Con~rvatic~District. -.~ ~~ - ~ r « ~- _ _ r.~ ~~.~.. Deleting subsection 14-8E-3(B), a substitutin in lieu there of: ~= B. Submittal Requirements ° ` ~~" " r f_:_.... D. Deleting paragraph 14-26-6(I)(1), and substituting in lieu there of: 1. The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages that contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building. However, in no instance shall a new building be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. SECTION II. REPEALER. All ordinances and parts of provisions of this Ordinance are hereby repealed SECTION III. ~EVERABILITY. If any section, provisi adjudged to be invalid r unconstitutional, such adjudication f- Ordinance as a whole o any section, provision or part ther of unconstitutional. in conflict with the fi or part of the Ordinance shall be gall not affect the validity of the not adjudged invalid or SECTION IV EFF TIVE DATE. This Ordinan a shall be effect after its final passage, approval and publication. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office E"' ~a~ ..u ~•^ ~ i h~ ~A.~ 'J> r.~sti. ~_ ~ wj Y 4{ ~V R_sr ~ V„~ ~_. -- ~~~) )l_'r Prepared by: Christina Kuecker, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 14-3b-1 HISTORIC DISTRICT OVERLAY ZONE; SECTION 14-8E-2 HISTORIC REVIEW; SECTION 14-8E-3 CERTIFICATE OF ECONOMIC HARDSHIP; AND SECTION 14-2B-6 MULTIFAMILY SITE DEVELOPMENT STANDARDS WHEREAS, the, City's zoning code establishes rules that guide the designation of Historic Districts, Conservation ~i~tricts, and Historic Landmarks and the review of projects on the exterior of properties that require a building permit; / WHEREAS, the Iowa City Historic Preservatio Plan component of the Iowa City Comprehensive Plan identifies goals and objectives r streamlining, clarifying, and simplifying the Historic Preservation review process; WHEREAS, the Iowa City Historic Prese Iowa City Historic Preservation Handbook to irr)~ Preservation Plan; / on Commission and City Staff have rewritten the ent the goals and objectives of the Historic WHEREAS, the Historic Preservati Commission voted 9-0 (Thomann absent) to recommend approval of the rewritten low City Historic Preservation Handbook at the May 13, 2010 meeting; and WHEREAS, the Planning and oning Com' fission voted 7-0 to recommend approval of the Zoning Code revisions in order to im ement the cha ges of the rewritten Iowa City Historic Preservation Handbook. NOW, THEREFORE, BE I ORDAINED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; SECTION I. The Code Ordinances of the City of to a City, Iowa is hereby amended as follows: A. Adding to paragraph 1 f subsection 14-3B-1 D the follow g: g. Northside Hi oric District ~~ ~~ ~.:~ ~ ~. '- ~ "~ aY,,.. -; v F~ I ~"~~' -3 ~ f...,~ .,- - - ~~ ~ ~~ B~~WN $T B <.. w , ~ _t z sr~ -~ -~ ~ -_._ ~ ~ ~ w ~ ~ ~ - . - p i _.. LS] ~ ~.. Z _ - RcN~~ns ST ~. i -~ I I i -- ~_ ......J `_`" ....._ 1 __t ~ ~~, NCH ST -c I ~- ~ _ ~ E - ~~, ~ rte, ~ C~"? ~~~....JJ - fA~it~~f];. 5~ - - _ "`yam _ P r _~ ._ i ~ _ G D ~~0>~T 5T - .. ~ ..- va - - ~ z 0 cn z i ~ ~ ,-- I ~ i ~I , ~ ' ' I ~LQOMINGT~N 5T Deleting subsection 14-8E-2B, an substituting in lieu there of: B. Levels of Historic Review 1. Minor Review a. A minor review will be conducted if the change proposed in the applic ion is of a type specifically defined and listed as eligible for Minor eview in the Iowa City Historic Preservation Handbook, as amen ed b. Appl~ ations for minor review will be reviewed by a designated Co mission member or designated staff to the Commission. App ications will be approved upon finding that the proposed change to the property will have no material effect on the historic character of the property or the Historic or Conservation District. Decisions may be appealed to and reviewed by the Historic Preservation Commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic character of the property or Historic or Conservation District, the application for minor review will be deferred and will be forwarded for major review by the Historic Preservation Commission. c. A written report of the minor reviews processed shall be made to the Commission at the next scheduled Commission meeting. 2. Intermediate Review a. An intermediate review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for Intermediate Review in the Iowa City Historic Preservation Handbook, as amended. b. Applications for intermediate review will be reviewed jointly by the designated Commission staff and the Historic Preservation Commission Chair or the Chair's designee. Decisions may be appealed to the Historic Preservation Commission, if so requested by the applicant. If the designated Commission staff or the Historic Preservation Commission Chair determines that an application warrants review by the full Commission, said application will be forwarded for major review. c. A written report of the intermediate reviews processed shall be made to the Commission at the next scheduled Commission meeting. 3. Major Review a. A major review will be conducted for applications that meet one or more of the following criteria: (i) The application is for a specific change that does not qualify for~inor or intermediate review; or (2) The a lication is for minor or intermediate review and has been re om ended for major review by the designated Commissi staff or the Historic Preservation Commission Chair; or (3) An appe of a decision regarding a minor or intermediate review. b. Major reviews will be con cted by the Historic Preservation Commission Applications t at are denied may be appealed to the City Counci if the property is Historic Landmark or a property located wit in a Historic Distri ; or appealed to tl~- Boar~of Adjustme t if the property is loc ted within a Cor~rvatiot~ District., ,T'~ .~_ - - rv , _~-w _ Ca3 ~._ _ C. Deleting subsection 14-8E-3 ,and substituting in lieu there f: :~°~ - nJ~ B. Submittal Requiremen s _ R ~~~ 1. Applications for a Certificate of Economic Hardship m st be filed with ~~ie Department of P nning and Community Development. -~ 2. The applicatio shall consist of a letter and supporting mat 'als that provide evidence oft a approval criteria for a certificate of economic h rdship as set forth in Article 14 B, Historic District and Conservation District Overlay, are met. 3. The owne must in good faith consult with the Historic Preservation Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Documentation of such effort must be presented to the Commission. D. Deleting paragraph 14-2B-61-1, and substituting in lieu there of: The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages that contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building. However, in no instance shall a new building be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be effect after its final passage, approval and publication. Passed and apprc ATTEST: CITY CL Office { ~.: ~--- ._ ~ ;; ° . m~ c.:~ ~ dKK~ b r`a i Prepared by: Christina Kuecker, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 143b-1 HISTORIC DISTRICT OVERLAY ZONE; SECTION 148E-2 HISTORIC REVIEW; SECTION 148E-3 CERTIFICATE OF ECONOMIC HARDSHIP; AND SECTION 1426-6 MULTIFAMILY SITE DEVELOPMENT STANDARDS WHEREAS, the City's zoning code establishes rules that guide the designation of Historic Districts, Conservation Districts, and Historic Landmarks and the review of projects on the exterior of properties that require a building permit; WHEREAS, the Iowa City His oric Preservation Plan compo~ent of the Iowa City Comprehensive Plan identifies goals a~yd objectives for streamlinin ,clarifying, and simplifying the Historic Preservation review process; `~,~ WHEREAS, the Iowa City Historic eservation Commission and City Staff have rewritten the Iowa City Historic Preservation Handbook to 'mplement the goal~and objectives of the Historic Preservation Plan; WHEREAS, the Historic Preservation Co misslon vot 9-0 (Thomann absent) to recommend approval of the rewritten Iowa City Hi oric Prese~iation Handbook at the May 13, 2010 meeting; and WHEREAS, the Planning and Zoning Commis ion voted 7-0 to recommend approval of the Zoning Code revisions in order to implement the Chang s ~f the rewritten Iowa City Historic Preservation Handbook. NOW, THEREFORE, BE IT ORDAINED BY TH C CITY, IOWA; SECTION I. The Code of Ordinances of the C' y of follows: A. Adding to paragraph 1 of subsection 14-3B- the 1 g. Northside Historic District COUNCIL OF THE CITY OF IOWA City, Iowa is hereby amended as ` c~ _ ., ~ „~ y_ ~. ~~~ l °'~ vy ` ... ~ ,mot; ~ <. ~ __,. ~ _ .. .. ~ , , 1 :. _. B Minor Review 1MINGTON ST ng in lieu there of: yr z C? 0 n~ c_~ ~ ~ . a -- ~ ~ C=J -- . ~ G ~, nducted if the change proposed in the -ecifically defined and listed as eligible for i,City Historic Preservation Handbook, as w a w._ m n ~1 BROWN ST ~% ~ ~~ -`~~~_ ~ ~ z ~ ~m~_ ~~~~_~~ ,~ ~ m ,, _ ~ _.~ ___z ~f ;, { ~ C,9 ~ ~ i _ J ~ ~ ~ Deleting subsection 14-8E-2B, and B. Levels of Historic Review b. Applicati ns for minor revieav will be reviewed by a designated Commi Sion member or designated staff to the Commission. Applic tions will be approved ion finding that the proposed change to th property will have no maf~rial effect on the historic character of the roperty or the Historic or Co>~servation District. Decisions may be ppealed to and reviewed by tfi`~ Historic Preservation C mmission, if so requested by the'~pplicant. If there is evidence t at the proposed change may have .material effect on the historic haracter of the property or Historic or Conservation District, the application for minor review will be deferred and will be forwarded for major review by the Historic Preservation Commission. c. A written report of the minor reviews processed shall be made to the Commission at the next scheduled Commission meeting. 2. Intermediate Review a. An intermediate review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for Intermediate Review in the Iowa City Historic Preservation Handbook, as amended. b. Applications for intermediate review will be reviewed jointly by the designated Commission staff and the Historic Preservation Commission Chair or the Chair's designee. Decisions may be appealed to the Historic Preservation Commission, if so requested by the applicant. If the designated Commission staff or the Historic Preservation Commission Chair determines that an application warrants review by the full Commission, s 'd application will be r forwarded for major review. a `' A written report of the intermediate revi s processed shall be made to the Commission at the next schedul d Commission meeting. 3. Major•,Review a. A major review will be conducted fo applications that meet one or more of the following criteria: (1) `` The application is for a sp,~cific change that does not qualify for minor or intermediate review; or (2) •°. The application is for nor or intermediate review and has '`been recommended fgir major review by the designated C)pmmission staff or a Historic Preservation Commission Ct~ir; or r' (3) An peal of a de~sion regarding a minor or intermediate revie . b. Major reviews will be Commission. plic2 City Council if t e prc located within a is Adjustment if the o C Deleting subsection 14-8E-36, and B. Submittal Requirements 2 3. c nducted by the Historic Preservation ns that are denied may be appealed to the erty is a Historic Landmark or a property ric District; or appealed to the Board of >erty is located within a Conservatior~istrict. ~~ _ ~ ;__ ng in lieu there of: ~ • ._~ Applications for a Certifi ate of Ecor~C Department of Plannin and Comm The application shall onsist of a lette evidence of the ap oval criteria for a in Article 14-3B, ' toric District and T r~ il r .d sic Hardship must be films with the ity Development. :: and supporting materials that p~evide certificate of economic hardship as set forth nservation District Overlay, are met. The owner mus m good faith consult wi local preserva 'on groups and intereste alternative t twill result in preservation effort must a presented to the Commis: i the Historic Preservation Commission, parties in a diligent effort to seek an of the property. Documentation of such D. Deleting paragraph 14-2B-61-1, and substituting in lieu there of: The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along"the same frontage. Alternatively, for frontages that contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building. However, in no instance shall a new building be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. SECTION II. REPEALER. All ordinances and parts of o marines in conflict with the provisions of this Ordinance are hereby repealed ; SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part theteof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be effect after its final passage, approval and publication. ~~ Passed and apprav~this day of , 2~' ATTEST: CITY CLERK R Approved by City A ey's Office ~.~~-.: W ~ P,.. ~-, ~, s=- CJ a, ._~., ..~~ ,.. ., ~ d OB-37-10 City of Iowa City 4a MEMORANDUM ~ Date: July 15, 2010 To: Planning and Zoning Commission From: Christina Kuecker, Associate Planner RE: Zoning Code Amendments -Historic Preservation Handbook Background The Historic Preservation Plan is an element of the Comprehensive Plan that contains the goals and objective to help promote the preservation of Iowa City's historic resources. Goal 2, Objective 7 is to "Make changes in the design review process to improve efficiency and add predictability." This objective goes on to outline several ways to make these changes. Over the past two years, the Historic Preservation Commission (HPC) has worked to rewrite the Iowa City Historic Preservation Handbook (Handbook) to incorporate the changes outlined in the Historic Preservation Plan. Historic Preservation Handbook rewrite The HPC and Staff have worked through all portions of the Handbook; adding clarification and flexibility. The Handbook not only contains the Historic Preservation Guidelines that the HPC uses when reviewing projects, but the Handbook contains information for any historic property owner on best practices and information about historic preservation in Iowa City. The HPC voted unanimously to recommend approval of the new Handbook on May 13. Prior to the meeting on May 13, the HPC sent letters to all property owners in Historic or Conservation Districts and of Local Landmarks inviting them to review and comment on the new Handbook. It would be quite onerous to go point by point through the Handbook outlining the changes, but I attached a summary by Handbook section as to what was changed. The complete handbook can be found at www icgov.orq/historicpreservation. Some of the changes in the Handbook will require amendments to the zoning code, and therefore the Planning and Zoning Commission is being asked to review these code amendments. These include the changes made to Section 2.0 Historic Review. Based on the HP Plan, the HPC and staff reworked the levels of review in order to expedite the process for most projects that require Historic Review. The levels of review include Certificates of No Material Effect, Minor Review, Intermediate Review, and Major Review Certificates of No Material Effect (CNME) This level of review remains unchanged and applies to projects that do not alter the appearance of significant architectural features. Projects consisting of repair or replacement with like materials are issued CNMEs. CNMEs are reviewed by the Preservation Planner and the HPC Chair. July 8, 2010 Page 2 Minor Review A minor review previously applied only to projects that met the guidelines and were on non-contributing and non-historic properties in Conservation Districts. These were reviewed by the Preservation Planner and were restricted to certain types of projects, such as rear decks, new garages or outbuildings, demolition of non-historic outbuildings or features, and minor alterations. The new Handbook allows the use of the minor review process for the most routine project types that have in the past garnered Commission approval. The HPC will vote and approve of designs and materials for items that can be applied in most situations, such as handrail designs, certain types of window replacements, and deck construction. After the HPC has pre-approved an item, the Preservation Planner can then approved similar projects through Minor Review. At any time, the Preservation Planner or the applicant can forward a project to Intermediate or Major Review. Intermediate Review Previously an Intermediate Review was limited to contributing properties in Conservation Districts. These were reviewed by the Preservation Planner and HPC Chair and were restricted to certain types of projects, such as rear decks, new garages or outbuildings, demolition of non-historic outbuildings or features, and minor alterations. The new Handbook allows for intermediate review for all projects, except those involving landmark properties and contributing properties in historic districts, that do not qualify for a Minor Review or CNME. The Intermediate review is conducted by the Preservation Planner and the HPC Chair and must comply with the Guidelines and require no exceptions to the Guidelines At any time, the Preservation Planner, HPC Chair, or the applicant can forward a project to Major Review. Major Review Major review encompasses everything else. Under the previous handbook, most projects that did not qualify for a CNME were reviewed by the entire HPC as a major review. This meant that some minor projects in scope that met all the guidelines were being delayed until the next HPC meeting. By expanding the types of projects that can go through either minor or intermediate review, the HPC hopes to streamline the Historic Review process and provide for expedited review of most projects. Zoning Code Amendments The Handbook is adopted by City Council as a resolution; however, there are some zoning code amendments that need to be made in order to implement the changes proposed in the Handbook. In Section 14-3B-1, Historic District Overlay Zone, a map of the Northside Historic District needs to be added. July 8, 2010 Page 3 In Section 14-8E-2, Historic Review, the language needs to be amended to reflect the new levels of Minor, Intermediate, and Major Review. Staff has changed to wording to reference the Handbook. Section 14-8E-3, Certificate of Economic Hardship, was changed to reflect the true process of applying for a Certificate of Economic Hardship. Currently there is no application to fill out and if a property owner was interested in applying for this, they need to submit a letter. Lastly, while analyzing the Multifamily Site Development Standards for inclusion in the Handbook, the possibly complicated nature of setback averaging was discussed. This was confirmed by the Staff Design Review Committee. Currently new multifamily structures in the Central Planning District must not deviate more than 5 feet from the average setback of existing principle buildings on the same frontage and can not be built closer to the street than the closest principle building. This standard is to ensure that new construction maintains a compatible setback to the existing fabric of the street. Staff believes that the same objective would be met by limiting the averaging to the four nearest lots of the same frontage. This would make sure that new construction maintains the existing fabric of the surrounding structures, without the requirement to measure every building along amulti-block frontage. Section 14-2B-61-1, Front Setbacks has been changed to give the option of measuring the entire frontage, or the four closest lots along the same frontage if more than 6 lots are present. Staff Recommendation Staff recommends approval of the code amendments to Section 14-3B-1 Historic District Overlay Zone; Section 14-8E-2, Historic Review; Section 14-8E-3, Certificate of Economic Hardship; and Section 14-2B-6, Multifamily Site Development Standards as shown in the attached pages. Attachments: Draft code amendment language Summary of the changes to the Historic Preservation Handbook Approved by: T Robert Miklo, Senior Planner, Department of Planning and Community Development Staff recommends that section 14-3B-1 Historic District Overlay Zone of the Zoning Code be amended by adding to paragraph 1 of subsection 14-3B-1D a map of the Northside Historic District, as adopted by the City Council June 6, 2009. This proposed addition is noted below: g. Northside Historic District a~a~uN sT 4 uy I r ... __ L ~ i ~ .__~ ~ ,._ _ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ - ~ ~ _, __.. , - ~ Z ___. ~ ~~ ~ ~ j - ~ R'JNAL~75 ST } # . _~ ~- _~ ~ ~ ~ ' ~ ~ ~, i I ~ NCH wT j _. ~ i E__.. ~__f_~ ~ -. ~~ w~r~~ { ? ~ ~. i EA'sRC}s44.~J S+ x { ~ w~ ~~ww~~}~ :{ _ ~ .... :_ .. ' ~~ ~ I l ~. ~ -~ ~. DA NPO~T 5T ' E ~.: ~ ~ , ~ ~ ;, _ ~ _ U~ s ` L ( rv' _~ ~ ~ i -c --~ o i E7L~t~MINGTCN 5` Staff also recommends amending Section 14-8E-2, Historic Review, as follows: 14-8E-2 Historic Review A. Submittal Requirements 1. Applications for Historic Review must be filed with the Department of Planning and Community Development on application forms provided by the City. 2. Supporting materials must be submitted as specified on the application form. B. Levels of Historic Review 1. Minor Review a. A minor review will be conducted ~: if the change proposed in the application is of a type specifically defined and listed as eligible for Minor Review in the Iowa City Historic Preservation Handbook, as amended b. Applications for minor review will be reviewed by a designated Commission member or designated staff to the Commission. Applications will be approved upon finding that the proposed change to the property will have no material effect on the historic character of the property or the Historic or Conservation District. Decisions may be appealed to and reviewed by the Historic Preservation Commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic character of the property or Historic or Conservation District, the application for minor review will be deferred and will be forwarded for major review by the Historic Preservation Commission. c. A written report of the minor reviews processed shall be made to the Commission at the next scheduled Commission meeting. 2. Intermediate Review a. An intermediate review will be conducted ~ if the chanae proposed in the application is of a type specifically defined and listed as eligible for Intermediate Review in the Iowa City Historic Preservation Handbook, as amended. b. Applications for intermediate review will be reviewed jointly by the designated Commission staff and the Historic Preservation Commission Chair or the Chair's designee. Decisions may be appealed to the Historic Preservation Commission, if so requested by the applicant. If the designated Commission staff or the Historic Preservation Commission Chair determines that an application warrants review by the full Commission, said application will be forwarded for major review. c. A written report of the intermediate reviews processed shall be made to the Commission at the next scheduled Commission meeting. 3. Major Review a. A major review will be conducted for applications that meet one or more of the following criteria: (1) The application is for a specific change that does not qualify for minor or intermediate review; or (2) The application is for minor or intermediate review and has been recommended for major review by the designated Commission staff or the Historic Preservation Commission Chair; or (3) An appeal of a decision regarding a minor or intermediate review. b. ~Fieatieps-#er Major reviews will be ~eviedve~ conducted by the Historic Preservation Commission. Applications that are denied may be appealed to the City Council if the property is a Historic Landmark or a property located within a Historic District; or appealed to the Board of Adjustment if the property is located within a Conservation District. C. Approval Procedure Applications for Historic Review will be reviewed for compliance with the applicable approval criteria for historic review as set forth in Article 14-3B, Historic District and Conservation District Overlay. Historic Review will result in one of the following outcomes: 1. If the proposed material change to the property will have no effect on any architecturally significant feature or there will be no change in appearance to a Landmark or property located within a Historic or Conservation District, a Certificate of No Material Effect will be issued, signed by the Chair of the Historic Preservation Commission or designee and be transmitted along with the application to the Building Official and the City Clerk. 2. If the application is approved or approved with modifications acceptable to the applicant, a Certificate of Appropriateness will be issued, signed by the Chairperson or designee and be transmitted along with the application to the Building Official and the City Clerk. 3. If the application is disapproved, the Commission will issue a written decision setting forth the factual basis for the decision and the vote of each member participating therein. The decision will be issued, signed by the Chairperson or designee and be transmitted along with the application to the Building Official and the City Clerk. D. Appeals Any person aggrieved by any decision of the Commission regarding an application for historic review in a historic district or for a historic landmark, may appeal the action to the City Council. Any person aggrieved by any decision of the Commission regarding an application for historic review in a Conservation District may appeal the action to the Board of Adjustment. Procedures for such appeals is set forth below. 1. Any appeal submitted by the applicant must be in writing and must be filed with the City Clerk no later than 10 business days after the filing of the above- mentioned decision. An appeal submitted by an aggrieved party, other than the applicant, must be in writing and must be filed with the City Clerk no later than 10 business days after construction work pursuant to an approved Certificate of Appropriateness, Certificate of No Material Effect, or Certificate of Economic Hardship is observable from adjacent properties or the public right-of-way or 10 business days after an alleged violation of this Article is similarly observable. 2. The City Council or Board of Adjustment, as applicable, shall, within a reasonable time, hold a public hearing on the appeal, give the public notice as required by State law, as well as provide written notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. 3. In deciding such appeal, the City Council or the Board of Adjustment, as applicable, shall consider whether the Commission has exercised its powers and followed the guidelines established according to this Title, and whether the Commission's action was patently arbitrary or capricious. 4. In exercising the above-mentioned powers the City Council or the Board of Adjustment, as applicable, may in conformity with the provisions of this Article or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Historic Preservation Commission. Staff also recommends amending Section 14-8E-3, Certificate of Economic Hardship, as follows: 14-8E-3 Certificate of Economic Hardship A. Initiation of Review After receiving written notification from the Commission of the disapproval of a Certificate of Appropriateness, the owner of record may apply for a Certificate of Economic Hardship. B. Submittal Requirements 1. Applications for a Certificate of Economic Hardship must be filed with the Department of Planning and Community Development 2. The application shall consist of a letter and supporting materials ~rst-be Est that provide evidence that the approval criteria for a certificate of economic hardship as set forth in Article 14-36, Historic District and Conservation District Overlay, are met. 3. The owner must in good faith consult with the Historic Preservation Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Documentation of such effort must be presented to the Commission. C. Approval Procedures 1. The Historic Preservation Commission will hold a public hearing on the application for the Certificate of Economic Hardship within sixty (60) days following receipt of a complete application and all information requested by the Commission. 2. The public hearing will result either in approval or denial of the application for a Certificate of Economic Hardship. The Commission will issue a written decision setting forth the factual basis for the decision and vote of each member participating therein. The written decision will be issued, signed by the Chairperson or designee and be transmitted along with the application to the Building Official and the City Clerk. If the Commission finds that unreasonable economic hardship exists, a Certificate of Economic Hardship will be issued, specifying the material changes that are authorized thereto. 3. For the purpose of developing alternative solutions to the economic hardship, the Historic Preservation Commission may consult with professional architects, engineers, contractors, realtors, appraisers or other consultants that have expertise in the rehabilitation, repair, maintenance and value of historic properties. If the Commission chooses to use said consultation, the Commission may delay issuing any certificate for a period of 90 days. Staff also recommends amending 14-26-6I-1. Front Setbacks, as follows: 14-2B-6I-1. Front Setbacks The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages that contain more than six lots the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building However in no instance shall a new building ~a~r-~ be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. Summary of changes to the Historic Preservation Handbook The complete handbook may be found online at www icgov.orq/historicpreservation Section 1.0: Historic Preservation and Conservation in Iowa City This section gives the basic background of Historic Preservation in Iowa City and remains largely unchanged. It was expanded to more clearly outline the role of the HPC Section 2.0: Historic Review Section 2.0 discusses the process of historic review by the HPC for properties located in a Historic or Conservation District and Local Landmarks. Based on the HP Plan, the HPC and staff reworked the levels of review in order to expedite the process for most projects that require Historic Review. The levels of review include Certificates of No Material Effect, Minor Review, Intermediate Review, and Major Review Certificates of No Material Effect (CNME) This level of review remains unchanged and applies to projects that do not alter the appearance of significant architectural features. Projects consisting of repair or replacement with like materials are issued CNMEs. CNMEs are reviewed by the Preservation Planner and the HPC Chair. Minor Review A minor review previously applied only to projects that met the guidelines and were on non-contributing and non-historic properties in Conservation Districts. These were reviewed by the Preservation Planner and were restricted to certain types of projects, such as rear decks, new garages or outbuildings, demolition of non-historic outbuildings or features, and minor alterations. The new Handbook allows the use of the minor review process for the most routine project types that have in the past garnered Commission approval. The HPC will vote and approve of designs and materials for items that can be applied in most situations, such as handrail designs, certain types of window replacements, and deck construction. After the HPC has pre-approved an item, the Preservation Planner can then approved similar projects through Minor Review. At any time, the Preservation Planner or the applicant can forward a project to Intermediate or Major Review. Intermediate Review Previously an Intermediate Review was limited to contributing properties in Conservation Districts. These were reviewed by the Preservation Planner and HPC Chair and were restricted to certain types of projects, such as rear decks, new garages or outbuildings, demolition of non-historic outbuildings or features, and minor alterations. The new Handbook allows for intermediate review for all projects, except those involving landmark properties and contributing properties in historic districts, that do not qualify for a Minor Review or CNME. The Intermediate review is conducted by the Preservation Planner and the HPC Chair and must comply with the Guidelines and require no exceptions to the Guidelines At any time, the Preservation Planner, HPC Chair, or the applicant can forward a project to Major Review. Major Review Major review encompasses everything else. Under the previous handbook, most projects that did not qualify for a CNME were reviewed by the entire HPC as a major review. This meant that some minor projects in scope that met all the guidelines were being delayed until the next HPC meeting. By expanding the types of projects that can go through either minor or intermediate review, the HPC hopes to streamline the Historic Review process and provide for expedited review of most projects. Certificate of Economic Hardship The addition of this section brings the wording from the zoning code into the Handbook, as many property owners of historic properties only consult the Handbook for Historic Preservation related issues. Section 3.0: About the Guidelines for Historic Preservation This section outlines the basis for the Guidelines stated in sections 4.0-9.0. The portion regarding exceptions to the guidelines was expanded to give flexibility to the HPC and property owners to consider alternate ideas and projects that were not anticipated when the guidelines are written or when unusual situations are present. Under the previous Handbook, the HPC had very little leeway to consider anything that was in conflict with the guidelines. Section 4.0: Guidelines for Alteration This section contains the guidelines used for review of alterations to the exterior of properties within Historic or Conservation Districts or designated as a Local Landmark. Each subsection was edited to make the guidelines easier to read, add in discussions and materials that the HPC has considered since the previous adoption of the Handbook, and add illustrations to clarify the guidelines. Cross- references were added, with the knowledge that many people only look at the pages pertaining to their project. There are some sections and recommendations that are not regulated by the HPC, such as the paint and energy efficiency sections, but were included as a resource to historic property owners for reference of best practices. Section 5.0: Guidelines for Additions This section contains the guidelines used for review of additions to the exterior of properties within Historic or Conservation Districts or designated as a Local Landmark. Each subsection was edited to make the guidelines easier to read, add in discussions that the HPC has considered since the previous adoption of the Handbook, and add illustrations to clarify the guidelines. Cross-references were added, with the knowledge that many people only look at the pages pertaining to their project. Section 6.0: Guidelines for New Construction This section contains the guidelines used for review of new construction on properties within Historic or Conservation Districts or designated as a Local Landmark. Each subsection was edited to make the guidelines easier to read, add in discussions and materials that the HPC has considered since the previous adoption of the Handbook, and add illustrations to clarify the guidelines. Section 7.0: Guidelines for Demolition This section contains the guidelines used for review of demolition of structures or architectural features on properties within Historic or Conservation Districts or designated as a Local Landmark. The guidelines were edited to make them easier to read. Prevention of Demolition by Neglect The addition of this section brings the wording from the zoning code into the Handbook, as many property owners of historic properties only consult the Handbook for Historic Preservation related issues. Section 8.0: Neighborhood District Guidelines This section remains essentially unchanged, but does incorporate cross referencing of other applicable sections Section 9.0: Design Guidelines for Multi-Family Buildings (formerly Section 10) This section was completely rewritten to change the design standards for Historic and Conservation Districts to be the same as the Central Planning District design standards of the Zoning Code. The Multi-Family design guidelines currently in the handbook reflect the design guidelines of the earlier version of the Zoning Code. When the Zoning Code was rewritten, the handbook was never updated. These changes were made to bring the multi-family design guidelines into agreement with the current version of the zoning code. Section 10.0: The Secretary of the Interior's Standards for Rehabilitation (formerly Section 9) This section remains unchanged. The guidelines in Sections 4.0-7.0 are based on The Secretary of the Interior's Standards for Rehabilitation. If there are issues that are not addressed in these guidelines, then the HPC will use The Secretary of the Interior's Standards for Rehabilitation. These are nationally recognized guidelines used for historic preservation across the country. Section 11.0: Title 14: Iowa City Zoning Code (new section) The addition of this section brings the elements from the zoning code regarding Historic Preservation into the Handbook, as many property owners of historic properties only consult the Handbook for Historic Preservation related issues. Section 12.0: Residential Architectural Styles of Iowa City (formerly section 11) This section remains unchanged and describes the common architectural styles of Iowa City. Section 13.0: Landmark Properties and Districts (formerly Section 12) This section lists the Landmark properties and the Districts. It gives dates of adoption, addresses, and some basic information. Section 14.0: Historic and Conservation Districts Description and History (new section) This section was added to the Handbook as a resource to people wanting to know more about the districts and what makes each district unique and worthy of preserving. Section 15.0: Historic and Conservation Districts (formerly section 13) Section 15 is a map of the Historic and Conservation Districts in Iowa City. It remains largely unchanged, except for the addition of the Northside Historic District. Section 16.0: Longfellow Neighborhood Districts (formerly section 14) Section 16 includes maps of the Longfellow Neighborhood Districts (Governor- Lucas Street Conservation District, Summit Street Historic District, Clark Street Conservation District, Longfellow Historic District, and Dearborn Street Conservation District). The maps remain largely unchanged, except to account for the demolition of 415 S Governor Stand the reclassification of 1121 Seymour Ave and 747 Grant St to contributing from non-contributing because of alterations that have happened to the homes. Section 17.0: College Hill Neighborhood Districts (formerly section 15) Section 17 includes maps of the College Hill Neighborhood Districts (College Green Historic District, East College Street Historic District, and College Hill Conservation District). The maps remain largely unchanged, except to account for the reclassification from contributing to non-historic of 828 Washington St because of the post-tornado construction and the reclassification of 714 College St from non-contributing to contributing because of the significant restoration that has happened to the home. Section 18.0: Woodlawn Neighborhood District (formerly section 16) Section 18 includes a map of the Woodlawn Historic District. The maps remain unchanged. Section 19.0: Northside Neighborhood Districts (formerly section 17) Section 19 includes maps of the Northside Neighborhood Districts (Northside Historic District and Brown Street Historic District). The Brown Street Historic District map remains unchanged. The Northside Historic District map is an addition to the Handbook following the adoption of the district in June 2009 Section A.O: Appendices This section remains largely unchanged and includes definitions and architectural terms, as well as a list of Historic Preservation Documents and research that has been done. ~f ~. Prepared by: Christina Kuecker, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 14-3B-1 HISTORIC DISTRICT OVERLAY ZONE; SECTION 14-8E-2 HISTORIC REVIEW; SECTION 14-8E-3 CERTIFICATE OF ECONOMIC HARDSHIP; AND SECTION 14-2B-6 MULTIFAMILY SITE DEVELOPMENT STANDARDS WHEREAS, the City's zoning code adopts and incorporates the Historic Preservation Handbook, which establishes guidelines for the designation of historic districts, conservation districts, and historic landmarks and the review of exterior projects on such properties; and WHEREAS, one goal and objective of the Iowa City Historic Preservation Plan, incorporated into the Iowa City Comprehensive Plan, is to streamline, clarify, and simplify the historic preservation review process; and WHEREAS, the Iowa City Historic Preservation Commission and City Staff have revised the Iowa City Historic Preservation Handbook to implement said goals and objectives; and WHEREAS, the Historic Preservation Commission voted 9-0 (Thomann absent) to recommend approval of the revised Iowa City Historic Preservation Handbook at the May 13, 2010 meeting; and WHEREAS, the Planning and Zoning Commission voted 7-0 to recommend approval of the revised Iowa City Historic Preservation Handbook and amend the zoning code accordingly. 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. Adding to paragraph 1 of subsection 14-36-1(D) the following: g. Northside Historic District BROWN ST a ~, ~~ ~ Is i~ ; ; .w r-, y~~ - ~ ~ I z V7 rtn ~ w ~ -_.`_~ ~ ~ i r ~ _~ % ~ i w .. .. ~I ~ m $ 1 _..... / (~ ~'~`' 1 q J i ,? o , , ~, ,,r iiir! ~ __ „fj',i j"%' RdNALD5 ST ~, r -~, - ~ . ~ ~~~ ~, I ~ ~. ~. f J ~/ J~ ~. f l r f / ,~ J~ ~ ~/ i i,., ~ _ ,~y ~ f; ~ J >i:~ _~ ,'l~/ / ~ ~ ~~ /jy.f 'r' ;~ , ;,f;5 ~ r /f`' J / J •'1~ `/~• l . ~ ~~f / %~! , f~ ~,(! I a r .. ~ ._.. ~, ~ ~'~~ :,~~! 'J~ff~~~ NPORT ST r/, i~ ~,r1 f', J/.. / s ~/ ~ r f - _ t_.__ _ %~ L - Z " 1 I - D t-. I '-~ ~ i Z I B. BLOOMINGTON 5T Deleting subsection 14-8E-26, and substituting in lieu there of: B. Levels of Historic Review 1. Minor Review a. A minor review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for Minor Review in the Iowa City Historic Preservation Handbook, as amended b. Applications for minor review will be reviewed by a designated Commission member or designated staff to the Commission. Applications will be approved upon finding that the proposed change to the property will have no material effect on the historic character of the property or the Historic or Conservation District. Decisions may be appealed to and reviewed by the Historic Preservation Commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic character of the property or Historic or Conservation District, the application for minor review will be deferred and will be forwarded for major review by the Historic Preservation Commission. c. A written report of the minor reviews processed shall be made to the Commission at the next scheduled Commission meeting. 2. Intermediate Review a. An intermediate review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for Intermediate Review in the Iowa City Historic Preservation Handbook, as amended. b. Applications for intermediate review will be reviewed jointly by the designated Commission staff and the Historic Preservation Commission Chair or the Chair's designee. Decisions may be appealed to the Historic Preservation Commission, if so requested by the applicant. If the designated Commission staff or the Historic Preservation Commission Chair determines that an application warrants review by the full Commission, said application will be forwarded for major review. c. A written report of the intermediate reviews processed shall be made to the Commission at the next scheduled Commission meeting. 3. Major Review a. A major review will be conducted for applications that meet one or more of the following criteria: (1) The application is for a specific change that does not qualify for minor or intermediate review; or (2) The application is for minor or intermediate review and has been recommended for major review by the designated Commission staff or the Historic Preservation Commission Chair; or (3) An appeal of a decision regarding a minor or intermediate review. b. Major reviews will be conducted by the Historic Preservation Commission. Applications that are denied may be appealed to the City Council if the property is a Historic Landmark or a property located within a Historic District; or appealed to the Board of Adjustment if the property is located within a Conservation District. C. Deleting subsection 14-8E-3(B), and substituting in lieu there of: B. Submittal Requirements Applications for a Certificate of Economic Hardship must be filed with the Department of Planning and Community Development. 2. The application shall consist of a letter and supporting materials that provide evidence of the approval criteria for a certificate of economic hardship as set forth in Article 14-3B, Historic District and Conservation District Overlay, are met. 3. The owner must in good faith consult with the Historic Preservation Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Documentation of such effort must be presented to the Commission. D. Deleting paragraph 14-26-6(I)(1), and substituting in lieu there of: 1. The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages that contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building. However, in no instance shall a new building be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be effect after its final passage, approval and publication. Passed and approved this day of , 20,_ MAYOR ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 8/31/2010 Vote forpaSSage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. 10-4401 ORDINANCE AMENDING TITLE 3, ENTITLED CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, ,RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2009), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 3.3% on the first full billing sent after the adoption and publication of this ordinance, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~~ SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $15.00 to $15.50 per dwelling unit, and 2 rooming units, per month; and from $3.60 to $4.10 per unit for curbside recycling. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on the first full billing sent after the adoption and publication of this ordinance. Passed and approved this 3~~ day of August , 201Q_• /~~~i/l MAYOR %~~ _ ATTEST: ,~.,J ~L/ CITY CLE Ap roved by u~y ~~f~ , ~~~~~~~~~~~s~ City Attorney's Office ~ /~ .~ /~ ~ Ordinance No. 10-4401 Page 2 It was moved by Wright and seconded by Chamni nn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey X Champion ~_ Dickens x Hayek x Mims x Wilburn g Wright First Consideration 7 / 12 / 2010 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration 8 / 17 / o ~ 0 _ Vote forpaSSage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS: None. ABSENT: Wilburn. Date published 4,/R~~n~ n ~__ G Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER 1, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," TO ESTABLISH A PERMIT PROCESS FOR PLACEMENT OF PIANOS ON THE PUBLIC RIGHT OF WAY. WHEREAS, this past summer the City received two requests to place pianos on the right of way (ROW) for public use, and the City subsequently entered into temporary use of ROW agreements; WHEREAS, the City has since received additional requests for more pianos on the ROW; WHEREAS, a permitting process for pianos is preferable to temporary ROW agreements because a permitting process allows the City to respond more quickly to requests and utilize less staff time; and WHEREAS it is in the City's best interest to establish a permitting process for pianos on the ROW. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," by adding a new Section 9, entitled "Piano Permits" as follows: The City Engineer or designee is authorized to issue an annual piano permit for placement of a piano on the right of way subject to the following conditions: A. Use is limited from March 1 to October 31; B. Insurance coverage as required by the City's risk manager; C. Execution of an agreement to indemnify the City; E. No sale, transfer, or assignment of the piano permit without written consent of the City; F. The location of the piano must be approved by the City and shall not interfere with access to public or City utilities located and/or operated within the City's right of way; G. No sign or advertisement is allowed on the piano except for a sign identifying the sponsor(s) of the piano; H. The piano must be securely covered from 10:00 p.m. to 10:00 a.m. Sunday through Wednesday and from midnight to 10:00 a.m. Thursday through Saturday. When uncovered the piano must be available for use by all members of the public. I. The piano shall be securely anchored to the right of way. The anchoring system must be approved by the City Engineer or designee. Applicant shall be responsible for all damage to the right of way caused by the anchoring or placement of the piano. A deposit in an amount determined by the City Engineer or designee shall be required prior to placement of the anchoring system and shall be returned when the sidewalk is restored to its prior condition. J. The applicant shall be solely responsible for the piano and any and all damage to the piano. The City Engineer or designee shall grant the permit if the applicant has fully completed the application which includes signing the indemnification agreement, providing a certificate of insurance showing compliance with this section, and paying the deposit. If the permit is denied, the City Engineer or designee shall state the reasons therefore within three (3) working days of the application being filed. The process for appeals and revocation of the permit shall be the same as for a temporary use of sidewalk permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of MAYOR 2010. Approved: ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 8/31/2010 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ~~~, ~. x Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. i n-~~n~ ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY REVOCATION PROCEDURES, RATE PROVISIONS AND DRIVER BADGE PROVISIONS TO PLACE RESPONSIBILITY FOR ISSUANCE OF AN IDENTIFICATION CARD AND DRIVER LIABILITY INSURANCE ON THE TAXICAB BUSINESS. WHEREAS, City Code section 5-1 establishes application, issuance and revocation provisions, and 5-2 establishes regulations for taxicabs and drivers; and WHEREAS, City Council wishes to clarify revocation procedures, update insurance language provisions, place the responsibility for insuring individual taxi drivers and securing driver liability upon the taxi company, and clarify rate provisions; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions," is hereby amended by deleting it in its entirety and adding a new Chapter 1, entitled "General Licensing Provisions" as follows: 5-1-1: LICENSE OR AUTHORIZATION REQUIRED: It shall be unlawful for any persons to engage in any business for which a license or authorization is required by this title or any other provision of this code without first obtaining a license or authorization and paying the license fee therefore as prescribed for such business by this title or other provisions of this code. 5-1-2: APPLICATION FOR LICENSE OR AUTHORIZATION: A. All persons who are required under any ordinance of the city to procure a license or authorization for the purpose of engaging in any business or vocation shall first make application to the city clerk for such license or authorization, except as otherwise provided. B. It shall be unlawful for any person to knowingly misrepresent, falsify or conceal any information required by the city in any form of application for a license or authorization required in the ordinances of the city. It shall be unlawful for any person to knowingly orally misrepresent, falsify or conceal any material information requested by any duly authorized officer or employee of the city in connection with the granting of any license or authorization required by the ordinances of the city. 5-1-3: ISSUANCE OR DENIAL OF LICENSE OR AUTHORIZATION: All licenses or authorizations shall be issued by the city clerk or designee, and a record thereof kept by the city clerk or designee. The city clerk or designee may refuse to grant a license or authorization in any case based on health, safety and public welfare concerns. 5-1 -4: RESERVED: 5-1-5: REVOCATION OF LICENSE OR AUTHORIZATION: The city clerk may revoke any license or authorization issued under the provisions of this title, after proper hearing before the city manager or designee, by sending written notice of said hearing by regular mail to the taxicab business or driver at the last known address not less than five (5) calendar days before the date of said hearing; or by personal delivery with seventy-two (72) hours notice of date of said hearing, for any of the following causes: Ordinance No. 10-4402 Page 2 1. Any misrepresentation on the application for license or authorization 2. Violation of any federal, state or local law. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by deleting the following subsections in their entirety and adding new subsections as follows: 5-2-1: DEFINITIONS: As used in this chapter, the following definitions shall apply: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wising to drive a taxicab. CHARTER TRANSPORTATION: Avehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. DECAL: A sticker issued by the city clerk for each vehicle operated by a taxicab business. DESTINATION RATE: A flat fee charged by a taxicab business to carry a fare from one specified geographic location to another specified geographic location that is applicable at all times and on all days. DRIVER: A person who is authorized by the city to drive a taxicab. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the City to operate a taxicab business. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. RATE CARD: A card containing the maximum fare rates and complaint procedure, and filed with the city clerk.. STREET: Any street, alley, court, lane, bridge or public place within the city. TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. "Charter transportation" as defined in this section and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the City of Iowa City. TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business. TAXIMETER: A device attached to a taxicab that automatically calculates at a predetermined rate or rates and indicates the charge for hire of a vehicle. Ordinance No. 10-4402 Page 3 5-2-3: LIABILITY INSURANCE REQUIREMENTS. A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insurance business in this state and be acceptable to the city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles. 2. The taxicab business shall insure each driver. 3. The minimum limits of the taxicab business policy and the individual driver's policy shall be determined by city council resolution. 4. The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The city clerk shall immediately issue written notification of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance of business licenses and decals will be in accordance with the terms of this Chapter and at the applicant's expense. 5-2-6: DRIVER REQUIREMENTS: A. No person shall operate a taxicab without authorization of the city clerk. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the city clerk. B. Each person desiring to drive a taxicab shall file an application with the city clerk. Such application shall be verified under oath and shall furnish the following information: 1. The name and address of the person. 2. The experience of the person in the transportation of passengers. 3. The person's record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record. 4. Motorized taxicab drivers shall possess a currently valid Iowa chauffeur's license. 5. Such further pertinent information as the city may require. C. Issuance Or Denial Of Authorization: 1. If the city clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chief's Designee has determined that there is no information which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the office of the city clerk during regular business hours and on the city website 24 hours a day, seven days a week. 2. The refusal to authorize a person to be a driver must be based on an adverse driving record and/or conviction of other crimes or, in the case of a horsedrawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. D. Each driver, while operating a taxicab in the city, shall prominently wear on the driver's person an identification card provided by the taxicab business showing the full name of the driver and the taxicab business. Ordinance No. ~ n-t~r~n~ Page 4 5-2-7: RATES; HOURS; COMPLAINTS: A. Display Of Rate, Hour and Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a rate card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the City Clerk. The rate charged must be in accordance with the rate card on file with the City Clerk. 2. The rate card shall contain the following language: "Complaints regarding this taxicab's compliance with applicable regulations may be directed to the Iowa City Police Department on the form available at the Department located at 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356-5275." 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, are prohibited. 5-2-8: VEHICLE REQUIREMENTS: B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. Airport shuttles are exempt from the lighted dome requirements. 5-2-10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. C. Decals shall be valid for one year. They shall commence on March 1 or the date of issuance and shall expire on the last day of February. D. Renewals shall follow the same procedure as set for initial issuance. E. Fees for licenses and decals shall be set by resolution of the City Council. 5-2-12: Airport Shuttles: This section should be deleted in its entirety and the section number "reserved" for future use. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect upon publication. Passed and approved this 3lstday of AuguGt , 2010. ~~ MAYOR ATTEST: G~ ~ ~ CITY - LERK Appr~y C~ney's O~#ice ' ~ , / O Ordinance No. 10-4402 Page _ 5 _ It was moved by Wright and seconded by [:hamvion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey -~_ Champion x Dickens x Hayek ~_ Mims x Wilburn x Wright First Consideration Vote for passage: AYES: GTilburn, Wright, NAYS: None. ABSENT: None. Second Consideration ---------°-°------- Vote for passage: Date published a,~R~~n~n Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Bailey, Champion, Dickens, Hayek, Mims. ^ ! Marian Karr From: David Stoddard [stoddard62@hotmail.com] Sent: Wednesday, August 25, 2010 4:54 PM To: Council Cc: Bob Stoddard; Roger Bradley Subject: taxi ordinance City Council of Iowa City, Thank you for your time and effort in taking on the taxi ordinance. I know you're busy so I'll try to be brief. I feel the Council needs to revisit the "special event rate". I understand that it can be confusing and lead to complaints from that confusion. To help eliminate some of the confusion of what constitutes a "special event" and when it's allowed to be charged, I'd like to suggest the following: 1. Change the fare to a "home football game rate". 2. Only charged on fares to or from the stadium area. 3. Only charged 4 hours prior to kick off and 4 hours after game. During game day we receive numerous calls for quotes from both local residents and out of town visitors. It is a lot easier for a person to make an informed decision when we can quickly quote a rate of so much per head as opposed to a range of prices depending on traffic. This allows the customers to make an informed choice between companies as well as plan on their return fare. If it is done by time and meter it could very well be $10.00 difference between going to the game and returning home. I believe this will lead to far more complaints about rates than ones being made currently. I would also like to point out that currently the rates are uniformed between Iowa City and Coralville. If Iowa City eliminates the "game day rate" and it is still in effect in Coralville it will lead to another layer of confusion for the customer. We could very well pick a couple up from the Fairfield Inn and charge them $8.00(Coralville rate) to get them to the stadium. On their return from the stadium (Iowa City rates) we run the meter and time in traffic and the rate ends up at $15.00. On game day we are dealing with customers that have been drinking and some, to excess. The simpler we can keep the "game day rate" the better for all of us. Again, it's easier for people to understand a flat dollar per head then a rate that depends on time stuck in traffic. I have seen the Coralville Strip backed up past 12th Ave before kick off and also Melrose come to a stand-still after the game ended. This would all add to the cost if we could not just quote a per head rate. In conclusion I would like to see the City put back the "special event rate" as a "game day rate" with the parameters mentioned above. I believe this will eliminate most of the confusion associated with it. Without it there will be more confusion than before. I would also request that if you still want to eliminate it, come and spend a few hours on game day in our dispatch office. There you'll learn it's all about call volume and getting the information out as quickly as possible. Most calls last less then 15 seconds. As we have to spend more time quoting a price and explaining why we can't give them an exact price, our production and our profits go down. If you have any questions or would like to discuss this feel free to give me a call. Thank you for your time, David L. Stoddard Yellow Cab of Iowa City 319-541-0533 Cell 8/25/2010 ~~ Ordinance No. Page 4 5-2-7: RATES; HOURS; COMPLAINTS: A. Display Of Rate, Hour and Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a rate card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the City Cl~k. The rate charged must be in accordance with the rate card on file with the City Clerk. \ 2. The rate card shall ontain the following language: Complaints regarding this taxicab's compliance with applicable regulations may be directed to the Iowa City Police Department on the form available at the Depart ent located at 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356-5275." 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. All they rates, charges, or fees, except for extr rider stipulations, clean up rates, and package delivery ates are prohibited. 5-2-8: VEHICLE REQUIREMENTS: B. Lighted Dome: Every motorize taxicab shall have a lighted exterior roof of the vehicle with letteri g that identifies the vehicle a back of the vehicle. The lighted do shall be a minimum size inches (12" x 1" x 3"). In the event t e city equipment superi eni permanent attachment of a dome to th exterior roof is not ssible, designee may approve an alternative placement. Airp shuttles requirements. 5-2-10: TERMS OF DECALS AND A. Taxicab business licenses shall be of issuance, and shall expire on the last B. Driver authorization shall be vali for period of chauffeur's license if and one y C. Decals shall be valid for one year. T shall expire on the last day of February. D. Renewals shall follow the same procedu E. Fees for licenses and decals shall be set 5-2-12: Airport Shuttles: do attached permanently to the taxicab visible from the front and twelve inches by one inch by three ent or designee determines that the the city equipment superintendent or are exempt from the lighted dome N; RENEWALS: for one year. They shall commence on March 1 or the date of February. period of one year from date of issuance or the remaining shall commence on March 1 or the date of issuance and as set for initial issuance. resolution of the City Council. This section should be deleted in its entirety and~the section number "reserved" for future use SECTION II. REPEALER. All ordinances an parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. S CTION III. SEVERABILITY. If any section, ovision or part of the Ordinance shall be adjudged to be inva~d or unconstitutional, such adjudication shall n t affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invali or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinanc shall be in effect upon publication. Passed and approved this day of MAYOR 2010. ATTEST: CITY CLERK Approved by City Attorney's Office ~. Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY REPEALING SUBSECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," AND 5-2-4, "VEHICLE INSPECTION REQUIRED," IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SUBSECTIONS; AND AMENDING 5-2-7 TO PROVIDE PROVISIONS FOR RATE CHANGES. WHEREAS, City Code section 5-2-2 establishes requirements for operating a taxicab business and 5- 2-4 outlines requirements for taxicab vehicle inspections; and WHEREAS, 5-2-7 set out provisions for rates and rate changes; and WHEREAS, City Council wishes to increase minimum qualifications to operate a taxicab business, require taximeters in each taxicab, and outline procedures for rate changes; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended by deleting in their entirety subsections 5-2-2 and 5-2-4 and adding new subsections as follows: 5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS. A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection Al of this section. 4. The signature of all persons with an ownership interest in the business. 5. Such pertinent information as the City may require. B. MINIMUM QUALIFICATIONS: Each taxicab business shall meet the following minimum requirements: 1. Except for pedicabs, horse drawn vehicles, and airport shuttles, provide taxicab service to the public 24 hours a day, 7 days a week, and have a business office location and phone that is answered 24 hours a day, 7 days a week. All dispatching shall be done from the office. 2. Except for pedicabs, horse drawn vehicles, and airport shuttles, provide a minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle requirements of this Chapter. 3. Provide a certificate of liability insurance in accordance with this Chapter. 4. Meet all applicable zoning ordinance regulations and other city regulations. 5. Except for pedicabs and horse drawn vehicles, maintain manifest logs and provide manifest logs to the City upon request. C. BUSINESS LICENSE. Ordinance No. Page 2 1. Issuance or Denial of Business License: If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chief's Designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a license to conduct a taxicab business. 2. Revocation of Business License: If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or if the police chief or chief's designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke the license to conduct a taxicab business as provided in section 5-1-5 of this title. D. DECALS 1. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the City Clerk on forms provided by the City. 2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the City Equipment Superintendent or Designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a decal for the taxicab. b. The decal shall be nontransferable as between vehicles and taxicab businesses. c. Decals will be issued by the city clerk on the next business day at least 24 hours after the filing of a completed application for such decal with the city clerk. 5-2-4: VEHICLE INSPECTION REQUIRED: A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current certificate of inspection issued by the City Equipment Superintendent or designee. Such certificate shall be valid for forty five (45) days from the inspection. Each vehicle governed by this article shall be subject to an annual inspection, and no vehicle shall pass inspection unless it complies with this chapter and the vehicle equipment requirements of the code of Iowa. All inspections shall consist of the following: (1) All taxicabs shall be inspected for compliance with the requirements of this Chapter, excluding pedicabs and horsedrawn vehicles, as follows: a. Exterior. Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation of license plate lights, windshield, windshield washers, windshield wipers, including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mirrors and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior. The rearview mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. Each vehicle must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be Ordinance No. Page 3 provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within 30 days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." B. The city equipment superintendent or designee may require re-inspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the city equipment superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. The police chief or designee may require reinspection of a vehicle on belief that a vehicle is in such unsafe condition as to endanger any person. In the event any vehicle is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. Once notified, the licensee must have the vehicle reinspected within two (2) business days, and a new decal will be provided at no charge. If the licensee fails to have the vehicle reinspected or the vehicle fails reinspection within two (2) business days, the licensee must apply for a new decal and will be charged the fee established by council resolution. 5-2-7: RATES; HOURS; COMPLAINTS: 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. A rate based on time must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, are prohibited. 4. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the rate card on file in the office of the city clerk. 5. Whenever the owner of a taxicab business desires to change the rate charged, the owner shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters re- calibrated by a certified calibrator on a form provided by the city and returned to the city clerk no later than 10 business days after filing the new rates with the city clerk. The taximeter must be re-calibrated no sooner than the filing date of a rate card change and no later than 10 business days after said filing date. Failure to have all taximeters in all vehicles re-calibrated as required shall result in the city clerk recommending revocation of the taxicab business license. B. The City may require verification of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall apply to taxicab business licenses effective March 1, 2011 and inspections that apply to licenses issued for the time period beginning March 1, 2011. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Ap d b ~~~~ ~ ~ l~ ~ ( p City Attorney's Office cierk/ord2010(4). dac Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 8/17/2010 Vote for passage: AYES: Mims, Wilburn,Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration 8 / 31 / 2010 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Date published M-~ 10 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 10-4403 ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO DELETE SECTION 313 OF THE INTERNATIONAL RESIDENTIAL CODE. WHEREAS, on December 1, 2009, the City adopted the 2009 edition of the International Residential Code ("IRC"), which is codified at section 17-1; WHEREAS, with limited exception, the local amendment to section 313 of the IRC requires that townhouses and one and two family occupancies protect lightweight materials such as trusses or engineered lightweight material in the structural floor or ceiling areas in a particular manner; WHEREAS, issues have arisen with the implementation of said section; WHEREAS, it is anticipated that the 2012 edition of the IRC will address these issues; and WHEREAS, it is in the City's best interest to delete this provision until the adoption of the 2012 edition of IRC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 1, entitled "Building Code," Section 3, entitled "Amendments to Code," is amended by deleting section 313 of the IRC in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 31st day of August , 2010. MAYOR ATTEST: ~~.~~ 1/ CI-JTY' CLERK Ap ved: ~- l I -/ a City Attorney's Office Ordinance No. 10-4403 Page 2 It was moved by wri ht and seconded by hampion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~ Dickens x Hayek x Mims g Wilburn _~ Wright First Consideration 8117 2010 Vote for passage: AYES: Wilburn, Wright, NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Bailey, Champion, Dickens, Hayek, Mims. Date published 9/8/2010 Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and noted on for passage at two Council meetings prior to the meeting at which it is to be finally ~e suspended, the second consideration and vote be waived and the ordinance be voted upon for Final passage at this time. AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. QAYS: None. ABSENT: None.