HomeMy WebLinkAbout2012-03-06 OrdinanceS c.
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING
SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING
DEVELOPMENT.
WHEREAS, the City's zoning code establishes rules that guide the use and development of
properties that are legally nonconforming due to a change in the zoning designation of a
property or a change in the zoning regulations; and
WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide
future uses and development in a direction consistent with City policy, to protect the character
of an area by reducing the potential negative impacts from nonconforming situations, and over
time, to bring development into compliance with the City's regulations while also providing for
flexibility and relief from the strict application of zoning provisions so that properties can
continue in productive use overtime; and
WHEREAS, the provisions in Section 14 -4E -8, Nonconforming Development, are intended
to provide flexibility and in some cases relief from the current site development standards for
nonconforming property as they redevelop, expand, or change uses over time; and
WHEREAS, while recent changes to the zoning code brought the City's regulations in line
with current accepted practice with regard to commercial site design, including screening and
buffering parking areas, outdoor storage areas, and display lots from public sidewalks and
neighboring properties, there are many older properties that are noncompliant with these new
standards; and
WHEREAS, it is necessary to provide more flexibility and relief in certain circumstances
from the strict application of new site development standards that would not be feasible or
practical or would unduly reduce the ability to use or re -use a property due to topography,
location of existing buildings, or other site constraints.
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. Deleting Section 14 -4E -8, Regulation of Nonconforming Development, and substituting in
lieu thereof:
A. General Provisions
1. Except as otherwise restricted, prohibited or allowed in this Article, a use or structure
located on a lot that contains nonconforming development may be converted to a
different use or altered, provided such change in use or alteration does not increase
or extend the nonconformity and provided the applicable compliance standards listed
in this section are met.
2. Alterations
When alterations are made to a building or buildings on a property that contains
nonconforming development, and the cost of said alterations is over the threshold
Ordinance No.
Page 2
values set forth in subparagraph a. below, the site must be brought into conformance
with the development standards listed in subparagraph b., up to the cap stated in
subparagraph c. The value of the alterations is based on the entire project, not
individual building permits. Mandatory improvements for fire, life safety and
accessibility do not count toward the thresholds. The stated thresholds are not
cumulative.
a. Thresholds triggering compliance
(1) Alterations with a value 35 percent or greater than the assessed value of
all improvements on the site, including sites with multiple tenants in one or
more buildings; or
(2) Alterations with a value of more than $25,000.
b. Standards that must be met
Development not in compliance with the development standards listed below
must be brought into conformance or be granted a minor modification.
Requirements or standards that would not be feasible or practical or would
unduly reduce the ability to use or re -use the property due to topography,
location of existing buildings, or other site constraints, may be modified or
waived by minor modification. The City, at its discretion, may also waive or
modify by minor modification any standards that cannot be met due to a conflict
with any other requirement of this Title.
(1) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along street -side lot lines according to the
applicable screening standard. Setback requirements may be modified to
address site constraints;
(2) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas from the Iowa River or from any Parks and Open
Space Use, including trails, according to the applicable screening standard.
Setback requirements may be modified to address site constraints;
(3) Outdoor lighting standards;
(4) Bicycle parking requirements;
(5) Street and residential tree requirements;
(6) Design, layout, landscaping, and tree requirements within parking areas;
(7) Pedestrian circulation standards;
(8) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along side or rear lot lines. Setback requirements
may be modified to address site constraints;
(9) Access management standards.
C. Cap on the cost of compliance.
The standards listed in subparagraph b. must be met for the entire site.
However, where the cost of compliance with the standards enumerated in
subparagraph b above exceeds 10 percent of the value of the proposed
alterations, the site shall be brought into compliance with all site development
standards up to this 10 percent cap. It is the responsibility of the applicant to
Ordinance No.
Page 3
document that the cost of the required site development improvements will be
greater than 10 percent of the value of the proposed alterations to the building
or buildings on the site. If not all site improvements are being made due to the
cost exceeding the cap, the extent and location of the site improvements below
the cap will be determined by the City and shall generally follow the order of
priority listed in subparagraph b, above. However, at the discretion of the City,
the order of priorities may be adjusted in response to specific site characteristics
and traffic safety concerns in order to maximize the benefits of site
improvements for site users, adjacent properties, and the public.
3. Demolished or Destroyed Site
When a use is proposed for a property where the principal building(s) have been
demolished or destroyed, but that contains nonconforming development, such as
parking lot paving, exterior lighting, signage, etc, the property must be brought into
compliance with all applicable site development standards as set forth in the base
zone and in Chapter 14 -5.
4. New Site Development on sites with Nonconforming Site Development
Any new site elements being constructed or established on the site, such as new
exterior lighting, new parking areas, new outdoor storage or display areas, new
signage, etc, must comply with current applicable standards.
5. Reconstruction or Re- establishment of Site Development
Any nonconforming site elements that are being re- constructed or re- established
must be brought into compliance with the current applicable standards. However,
requirements or standards that would not be feasible or practical or would unduly
reduce the ability to use or re -use the property due to topography, location of
existing buildings, or other site constraints may be modified or waived by minor
modification. The City may also waive or modify by minor modification any standard
that cannot be met due to a conflict with any other requirement of this Title.
B. Nonconformities with regard to the number of parking and loading spaces
1. If a non - residential use, which is nonconforming with regard to the required number
of parking, stacking, or loading spaces, is modified, expanded or enlarged such that
there is an increase in the number of required spaces over the existing situation, only
the number of spaces relating to the modification, expansion or enlargement need to
be provided. These spaces are in addition to any spaces already in existence on the
site.
2. If a residential use, which is nonconforming with regard to the required number of
parking, stacking, or loading spaces, is changed in any way such that there is an
increase in the number of required spaces over the existing situation, the property
must be brought into full compliance with the number of spaces required.
3. A use that is nonconforming with regard to the required number of parking, stacking,
or loading spaces may be converted to a use in another use category or subgroup
without full compliance with the number of parking, stacking, or loading spaces,
according to the following rules:
a. If the number of required spaces for the converted use is more than what was
required for the established use, only the number of spaces beyond what was
required for the established use need to be provided. These spaces are in
addition to any spaces already in existence on the site.
Ordinance No.
Page 4
b. In addition to any additional spaces required in subparagraph a., as many
spaces as the lot will accommodate must be provided, up to the number needed
to fully comply with the standard.
C. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over time as set
forth below:
1. All lawfully established signs that become nonconforming due to a change in zoning
or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner
as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or altered in
any way it must be brought into compliance with the provisions of Article 14 -5B, Sign
Regulations, with the following exceptions:
a. Nonconforming signs that are deemed historic, signs for a historic structure and
signs on structures in a Historic Preservation Overlay Zone may qualify for a
special exception as described in paragraph 4, below.
b. On signs located within 1000 feet of an interstate highway that are legally non-
conforming with regard to sign area or height limitations, the existing sign face
may be changed or replaced, provided the sign meets all of the following
criteria:
(1) The sign is located on property that is zoned commercial;
(2) The sign is not a hazardous sign, as defined in this Title; and
(3) If the sign is located in an area subject to regulation due to its proximity to
the Iowa City Municipal Airport, a determination of "no hazard to air
navigation" has been received from the FAA.
4. The Board of Adjustment may grant a special exception to allow changes to a
nonconforming sign, provided the following conditions are met:
a. The sign must be located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or on a property
listed as a key or contributing property in a Historic Preservation or Historic
Conservation Overlay Zone.
b. The sign must fall into one of the following categories:
(1) The sign is in keeping with the architectural character of an historic
structure and is appropriate to a particular period in the structure's history;
or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the
community or neighborhood in which the sign is located.
C. At the time of application for the special exception, changes to the subject sign
must be approved by the Historic Preservation Commission through a certificate
of appropriateness. If the Board of Adjustment grants a special exception for
Ordinance No.
Page 5
the sign, any subsequent changes to the sign do not have to be approved by
the Board of Adjustment, but do require a certificate of appropriateness from
the Historic Preservation Commission.
d. If the sign is not maintained according to the provisions of Article 14 -5B, Sign
Regulations, and becomes hazardous, the City may request that the Board of
Adjustment revoke the special exception.
5. The Board of Adjustment may grant a special exception to allow repair or
reconstruction of a nonconforming sign that has been damaged or destroyed by fire,
explosion, act of God or by a public enemy if the following approval criteria are met:
a. In order to qualify for this exception, the sign must fall into at least one of the
following categories:
(1) The subject sign is an integral part of the historic identity of a property or
use designated as a Historic Landmark, a property registered on the
National Register of Historic Places, or of a property listed as a key or
contributing property in a Historic District or Conservation District Overlay
Zone; or
(2) The sign is an integral part of a property's historic identity such that it is
generally recognized and associated with a longstanding business or
institution and makes a significant artistic, cultural, or nostalgic
contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic design or to
the design that is generally recognized and associated with the longstanding
business or institution such that it continues to make a significant artistic,
cultural or nostalgic contribution to the community or neighborhood.
C. The sign must be reconstructed such that it is not a hazardous sign. The sign
must be located in a manner that complies with Article 14 -5D, Intersection
Visibility Standards. The Board may require changes to the sign, to its structure
or mounting, or its location in order to improve public safety. If the sign is not
maintained according to the provision of Article 14 -5B, Sign Regulations, and
becomes hazardous, the City may request that the Board of Adjustment revoke
the special exception.
d. If the sign is located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or a property
listed as a key or contributing property in a Historic District or Conservation
District Overlay Zone, the subject sign must be approved by the Historic
Preservation Commission and issued a certificate of appropriateness. If the
Board of Adjustment grants a special exception for the sign, any subsequent
changes to the sign do not have to be approved by the Board of Adjustment,
but do require a certificate of appropriateness from the Historic Preservation
Commission.
D. Nonconforming Outdoor Lighting
Any existing light fixture that is nonconforming with regard to how the fixture is
aimed must be brought immediately into compliance if it is possible to re -aim the
existing fixture.
Ordinance No.
Page 6
2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply
with any applicable requirement that it be fully shielded.
B. Deleting Subsection 14 -5E -7A and subsection 14 -5E -8A and renumbering the following
subsections accordingly.
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 in effect after its final passage,
approval and publication.
Passed and approved this day of 2012.
MAYOR Approved by
ATTEST:a
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 3/6/2012
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
City of Iowa City 035
MEMORANDUM
Date: February 2, 2012
To: Planning and Zoning Commi;
From: Karen Howard, Associate P
RE: Zoning Code amendments - Nonconforming Development
Background
Nonconforming situations are created when the zoning designation of a property
is changed or the zoning regulations are changed such that an existing lawfully
established use, structure, lot, or development no longer complies with the
zoning regulations. Without provisions in the code to address nonconforming
situations, properties would immediately have to be brought into compliance with
current regulations and standards. The intent of the nonconforming chapter is to
guide future uses and development in a direction consistent with City policy, to
protect the character of an area by reducing the potential negative impacts from
nonconforming situations, and over time, to bring development into compliance
with the City's regulations.
There are several types of nonconforming situations. The type that is the subject
of this memo is "nonconforming development." Nonconforming development is
defined as "an element of a development, such as a parking area, a loading area,
outdoor lighting, landscaping, screening, or signage that was established in the
conformance with the Zoning Code, but which subsequently, due to a change in
the zone or to the requirements of the Zoning Code, is no longer in conformance
with one or more of theses requirements."
Before the Zoning Code was rewritten in 2005, there were no specific provisions
for nonconforming development. For example, if a property had a parking lot that
was not in compliance with the provisions of the code, it was technically
considered a "nonconforming use," and under the strict interpretation of the
previous ordinance, if the property owner wanted to build an addition or change
the use, the entire parking lot and any other nonconforming site elements would
have to be brought into full compliance with the code.
In addition, prior to 2005, in commercial zones, outdoor storage and display was
prohibited in most instances. However, when the Code was re- written it was
acknowledged that there are many commercial uses that need to store bulky
items or machinery outdoors and rather than prohibit this type of use of the
property, the code was amended to allow outdoor storage and display of
merchandise. However, to ensure that outdoor storage and display areas would
not block pedestrian routes or become a permanent eyesore as viewed from the
Page 2
public street or from the neighboring property, setback, screening and buffering
standards were adopted.
Similar screening and buffering standards were adopted in 2005 for parking
areas, because there were many instances when parking lot pavement extended
right to the public sidewalk along street frontages, which resulted in cars
extending over the property line into the public right -of -way and blocking
pedestrian movement along the sidewalk. With so little green or pervious surface
remaining on commercial properties, storm water drainage was also a significant
problem in some cases. The new code requires a landscaped buffer between
parking areas and public sidewalks and neighboring properties. This landscaped
buffer protects pedestrians, softens the edge of parking areas and outdoor
storage and display areas as viewed from the public street and neighboring
properties and provides a minimal amount of pervious surface to help with storm
water drainage.
Regulating Nonconforming Development
While the aforementioned changes to the zoning code brought the City's
regulations in line with current accepted practice with regard to commercial site
design, there are many older properties that are noncompliant with these new
standards. The provisions in Section 14 -4E -8, Nonconforming Development, are
intended to provide flexibility and in some cases relief from the current site
development standards for nonconforming properties as they redevelop, expand,
or change uses over time.
While the changes adopted with the new zoning code in 2005 did provide some
flexibility and relief for properties that were not in compliance with the new
standards, in 2010, we made some modifications to this section of the zoning
code to address concerns about how difficult or costly it was to bring sites,
particularly large sites into full compliance with current site development
standards. With these new standards, compliance was triggered either when a
new use was proposed for a site that had been vacant for a year or more, or
when there was a change of use. There were also changes so that only certain
elements would need to be brought into compliance, leaving open the possibility
that some elements may never be improved.
However, even with these recent changes, concerns have been expressed that
simple changes of use within a building or small alterations or improvements to a
building trigger requirements for improvements to parking areas, landscape
screening, outdoor lighting, and similar, the cost of which is disproportionate to
the cost of the alterations being made to the building. This has had the effect of
discouraging changes of use or minor building improvements and reduced the
ability of property owners to use and re -use properties in older commercial areas.
Based on these concerns, it is clear that the mechanism in the code that triggers
compliance over time needs to be revisited so that sites will continue to be
improved over time until they are fully compliant, yet is calibrated so that the cost
Page 3
of the site improvements would be only a small proportion of the proposed
investments being made to improve the buildings on the site as uses change
over time. To that end, staff recommends the attached changes to Section 14-
4E-8, Regulation of Nonconforming Development. Rather than a change of use
triggering compliance measures, staff recommends a new mechanism whereby
site improvements are triggered whenever physical improvements (alterations)
are being to a building or buildings on a site. If the cost of the proposed building
alterations exceeds $25,000 or if the value of said alterations is 35% or greater
than the assessed value of all improvements on the entire site, then
noncompliant site development will need to be brought into compliance with
current standards, but only up to a cap, not to exceed 10% of the value of the
proposed building alterations. Site improvements, the cost of which would
exceed this cap, would not need to be made. In addition, site improvements
would not need to be made if the value of the alterations to the building or
buildings does not meet the threshold.
Concluding Remarks
The nonconforming section of the zoning ordinance is often the most difficult to
understand because there are so many ways that development can vary over time.
However, these are important provisions that provide reasonable accommodation and
relief to ensure that older properties within the city can redevelop and thrive over time
while at the same time ensuring that the negative aspects of nonconforming site
elements are mitigated and /or gradually improved to ensure that property values in the
vicinity are maintained and neighboring properties are not harmed. Staff finds that the
proposed amendments will maintain the core purpose of bringing properties gradually
into compliance with current standards over time, but provide additional flexibility and
relief from regulations that might otherwise be a deterrent to redevelopment.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and Community Development
Amend Section 14 -4E -8, Regulation of Nonconforming Development, as shown below.
(Note that underlined language is new language to be added to the code and the strike -
through notation indicates language to be deleted from the existing code.)
A. General Provisions
1. Except as otherwise restricted, prohibited or allowed in this Article, a use or structure
located on a lot that contains nonconforming development may be converted to a
different use, enlarged or struetuFally altered, provided such change in use,
enlaFgement-or alteration does not increase or extend the nonconformity and
provided the applicable compliance standards listed in this section are met.
2. Alterations
When alterations are made to a building or buildings on a property that contains
nonconforming development, and the cost of said alterations is over the threshold
values set forth in subparagraph a. below, the site must be brought into conformance
with the development standards listed in subparagraph b., up to the cap stated in
subparagraph c. The value of the alterations is based on the entire project, not
individual building permits. Mandatory improvements for fire, life safety and
accessibility do not count toward the thresholds. The stated thresholds are not
cumulative.
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a. Thresholds triggering compliance
(1) Alterations with a value 35 percent or greater than the assessed value of
all improvements on the site, including sites with multiple tenants in one or
more buildings; or
(2) Alterations with a value of more than $25,000.
b. Standards that must be met
Development not in compliance with the development standards listed below
must be brought into conformance or be granted a minor modification.
Requirements or standards that would not be feasible or practical or would
unduly reduce the ability to use or re -use the property due to topography,
location of existing buildings, or other site constraints, may be modified or
waived by minor modification. The City, at its discretion, may also waive or
modify by minor modification anv standards that cannot be met due to a conflict
with any other requirement of this Title.
(1) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along street -side lot lines according to the
applicable screening standard. Setback requirements may be modified to
address site constraints;
(2) Screening of existing parking loading, vehicular use areas and outdoor
storage and disQllav areas from the Iowa River or from any Parks and Open
Space Use including_ trails according to the applicable screening standard.
Setback requirements may be modified to address site constraints;
(3) Bicycle parking requirements;
(4) Street and residential tree requirements;
(5) Design layout landscaping, and tree requirements within parking areas;
(6) Pedestrian circulation standards;
(n Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along side or rear lot lines. Setback requirements
may be modified to address site constraints;
(8) Access management standards. Compliance with these standards may be
moved up in the priority list, at the discretion of the City, to address traffic
safety concerns;
(9) Outdoor lighting standards.
C. Cap on the cost of compliance.
The standards listed in subparagraph b. must be met for the entire site.
However, where the cost of compliance with the standards enumerated in
subparagraph b above exceeds 10 percent of the value of the proposed
alterations the site shall be brought into compliance with all site development
standards up to this 10 percent cap It is the responsibility of the applicant to
document that the cost of the required site development improvements will be
greater than 10 percent of the value of the proposed alterations to the building
or buildings on the site. If not all site improvements are being made due to the
cost exceeding the cap the extent and location of the site improvements below
the cap will be determined by the City and shall generally follow the order of
priori listed in subparagraph b, above. However, at the discretion of the City,
the order of priorities may be adjusted in response to specific site characteristics
in order to maximize the benefits of site improvements for site users, adjacent
properties, and the public.
3. Demolished or Destroyed Site
When a use is proposed for a property where the principal building(s) have been
demolished or destroyed, but that contains nonconforming development, such as
parking lot paving, exterior lighting, signage, etc, the property must be brought into
compliance with all applicable site development standards as set forth in the base
zone and in Chapter 14 -5.
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S. New Site Development on sites with Nonconforming Site Development
Any new site elements being constructed or established on the site, such as new
exterior lighting, new parking areas, new outdoor storage or display areas, new
signage, etc, must comply with current applicable standards.
6. Reconstruction or Re- establishment of Site Development
Any nonconforming site elements that are being re- constructed or re- established
must be brought into compliance with the current applicable standards. However,
requirements or standards that would not be feasible or practical or would unduly
reduce the ability to use or re -use the property due to topography, location of
existing buildings, or other site constraints may be modified or waived by minor
modification. The City may also waive or modify by minor modification any standard
that cannot be met due to a conflict with any other requirement of this Title.
B. Nonconformities with regard to the number of parking and loading spaces
1. If a non - residential use, which is nonconforming with regard to the required number
of parking, stacking, or loading spaces, is modified, expanded or enlarged such that
there is an increase in the number of required spaces over the existing situation, only
the number of spaces relating to the modification, expansion or enlargement need to
be provided. These spaces are in addition to any spaces already in existence on the
site.
2. If a residential use, which is nonconforming with regard to the required number of
parking, stacking, or loading spaces, is changed in any way such that there is an
increase in the number of required spaces over the existing situation, the property
must be brought into full compliance with the number of spaces required.
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S. New Site Development on sites with Nonconforming Site Development
Any new site elements being constructed or established on the site, such as new
exterior lighting, new parking areas, new outdoor storage or display areas, new
signage, etc, must comply with current applicable standards.
6. Reconstruction or Re- establishment of Site Development
Any nonconforming site elements that are being re- constructed or re- established
must be brought into compliance with the current applicable standards. However,
requirements or standards that would not be feasible or practical or would unduly
reduce the ability to use or re -use the property due to topography, location of
existing buildings, or other site constraints may be modified or waived by minor
modification. The City may also waive or modify by minor modification any standard
that cannot be met due to a conflict with any other requirement of this Title.
B. Nonconformities with regard to the number of parking and loading spaces
1. If a non - residential use, which is nonconforming with regard to the required number
of parking, stacking, or loading spaces, is modified, expanded or enlarged such that
there is an increase in the number of required spaces over the existing situation, only
the number of spaces relating to the modification, expansion or enlargement need to
be provided. These spaces are in addition to any spaces already in existence on the
site.
2. If a residential use, which is nonconforming with regard to the required number of
parking, stacking, or loading spaces, is changed in any way such that there is an
increase in the number of required spaces over the existing situation, the property
must be brought into full compliance with the number of spaces required.
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6. A use that is nonconforming with regard to the required number of parking, stacking,
or loading spaces may be converted to a use in another use category or subgroup
without full compliance with the number of parking, stacking, or loading spaces,
according to the following rules:
a. If the number of required spaces for the converted use is more than what was
required for the established use, only the number of spaces beyond what was
required for the established use need to be provided. These spaces are in
addition to any spaces already in existence on the site.
b. In addition to any additional spaces required in subparagraph a., as many
spaces as the lot will accommodate must be provided, up to the number needed
to fully comply with the standard.
C. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over time as set
forth below:
1. All lawfully established signs that become nonconforming due to a change in zoning
or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner
as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or altered in
any way it must be brought into compliance with the provisions of Article 14 -56, Sign
Regulations, with the following exceptions:
a. Nonconforming signs that are deemed historic, signs for a historic structure and
signs on structures in a Historic Preservation Overlay Zone may qualify for a
special exception as described in paragraph 4, below.
b. On signs located within 1000 feet of an interstate highway that are legally non-
conforming with regard to sign area or height limitations, the existing sign face
may be changed or replaced, provided the sign meets all of the following
criteria:
(1) The sign is located on property that is zoned commercial;
full
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and
•
6. A use that is nonconforming with regard to the required number of parking, stacking,
or loading spaces may be converted to a use in another use category or subgroup
without full compliance with the number of parking, stacking, or loading spaces,
according to the following rules:
a. If the number of required spaces for the converted use is more than what was
required for the established use, only the number of spaces beyond what was
required for the established use need to be provided. These spaces are in
addition to any spaces already in existence on the site.
b. In addition to any additional spaces required in subparagraph a., as many
spaces as the lot will accommodate must be provided, up to the number needed
to fully comply with the standard.
C. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over time as set
forth below:
1. All lawfully established signs that become nonconforming due to a change in zoning
or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner
as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or altered in
any way it must be brought into compliance with the provisions of Article 14 -56, Sign
Regulations, with the following exceptions:
a. Nonconforming signs that are deemed historic, signs for a historic structure and
signs on structures in a Historic Preservation Overlay Zone may qualify for a
special exception as described in paragraph 4, below.
b. On signs located within 1000 feet of an interstate highway that are legally non-
conforming with regard to sign area or height limitations, the existing sign face
may be changed or replaced, provided the sign meets all of the following
criteria:
(1) The sign is located on property that is zoned commercial;
(2) The sign is not a hazardous sign, as defined in this Title; and
(3) If the sign is located in an area subject to regulation due to its proximity to
the Iowa City Municipal Airport, a determination of "no hazard to air
navigation" has been received from the FAA.
4. The Board of Adjustment may grant a special exception to allow changes to a
nonconforming sign, provided the following conditions are met:
a. The sign must be located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or on a property
listed as a key or contributing property in a Historic Preservation or Historic
Conservation Overlay Zone.
b. The sign must fall into one of the following categories:
(1) The sign is in keeping with the architectural character of an historic
structure and is appropriate to a particular period in the structure's history;
or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the
community or neighborhood in which the sign is located.
C. At the time of application for the special exception, changes to the subject sign
must be approved by the Historic Preservation Commission through a certificate
of appropriateness. If the Board of Adjustment grants a special exception for the
sign, any subsequent changes to the sign do not have to be approved by the
Board of Adjustment, but do require a certificate of appropriateness from the
Historic Preservation Commission.
d. If the sign is not maintained according to the provisions of Article 14 -5B, Sign
Regulations, and becomes hazardous, the City may request that the Board of
Adjustment revoke the special exception.
5. The Board of Adjustment may grant a special exception to allow repair or
reconstruction of a nonconforming sign that has been damaged or destroyed by fire,
explosion, act of God or by a public enemy if the following approval criteria are met:
a. In order to qualify for this exception, the sign must fall into at least one of the
following categories:
(1) The subject sign is an integral part of the historic identity of a property or
use designated as a Historic Landmark, a property registered on the
National Register of Historic Places, or of a property listed as a key or
contributing property in a Historic District or Conservation District Overlay
Zone; or
(2) The sign is an integral part of a property's historic identity such that it is
generally recognized and associated with a longstanding business or
institution and makes a significant artistic, cultural, or nostalgic
contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic design or to
the design that is generally recognized and associated with the longstanding
business or institution such that it continues to make a significant artistic,
cultural or nostalgic contribution to the community or neighborhood.
C. The sign must be reconstructed such that it is not a hazardous sign. The sign
must be located in a manner that complies with Article 14 -5D, Intersection
Visibility Standards. The Board may require changes to the sign, to its structure
or mounting, or its location in order to improve public safety. If the sign is not
maintained according to the provision of Article 14 -5B, Sign Regulations, and
becomes hazardous, the City may request that the Board of Adjustment revoke
the special exception.
d. If the sign is located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or a property
listed as a key or contributing property in a Historic District or Conservation
District Overlay Zone, the subject sign must be approved by the Historic
Preservation Commission and issued a certificate of appropriateness. If the
Board of Adjustment grants a special exception for the sign, any subsequent
changes to the sign do not have to be approved by the Board of Adjustment,
but do require a certificate of appropriateness from the Historic Preservation
Commission.
ith
paFtieular
use in
Article
11 113;
must be
StandaFd
SEFeened
aleng
fFeFn
any side
the
eF FeaF
public Fight
let
ef
line that
way te
abuts
the 62
a Residential
StandaFd
and te
Zene beundaFy;
the 63
be bFeught
inte
full
StFeet:FFee
meFe, said prepe"
must
EeFflplianee
with
and
StandaMs.
Leading
4.---The Gity
landscaping
that
be
Fnay
waive any
eF sEFee
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eannet
Fne
that
be feasible
the
te
the
weuld
net
eF pr-aetieal
eF
weuld
unduly
reduEe
ability use
E. Nonconforming Outdoor Lighting
1. Any existing light fixture that is nonconforming with regard to how the fixture is
aimed must be brought immediately into compliance if it is possible to re -aim the
existing fixture.
2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply
with any applicable requirement that it be fully shielded.
... ........... .. ....... ... ........
........
— - ..,....... —
r..,r...., -...........,...,.,....,.......'
..... .
SG,
installed due tn �hp Pnkirgement
must fully eemply
with the OutdeeF
6ighting
/
PaFagFaphs 1. and .,
abeye.
SG,
/ GutdeeF Lighting
StandaMs,
/
SG,
.
Amend Section 14 -5E -7, Street Tree Requirements, to eliminate provisions that will conflict with
the proposed changes to 14 -$E -8, Regulation of Nonconforming Development.
L14-5E-7 Street Tree Requirements
The requirements of this Section provide for trees along streets to complement and soften the
edges of development, to provide a tree canopy for pedestrians, and to define and unify the
street edge.
B. Street Trees Adjacent to the Public Right -of -Way
On single frontage lots, one large tree is required for every 40 linear feet of frontage
or one small tree for every 30 linear feet of frontage, but not less than one tree per
lot.
2. On lots with more than one frontage, one tree is required for every 60 linear feet of
frontage.
3. Required trees must be located as follows.
a. Trees must be planted on private property adjacent to the right -of -way, except
when subparagraphs (b) or (c) apply. For purposes of this Section, "adjacent"
means that large trees must be planted within 14 feet of the right -of -way line
and small trees must be planted within 8 feet of the right -of -way line. All other
siting requirements contained in this Article must be observed.
b. The number of trees required may be reduced by the number of qualifying trees
that already exist in the right -of -way or adjacent to the right -of -way. To qualify,
a tree must meet the requirements of Section 6, Preservation of Existing Trees.
C. Trees that cannot be planted adjacent to the right -of -way due to a conflict with
any provision of this Title must be planted within the right -of -way according to
the provisions of Subsection C, Street Trees Within the Public Right -of -Way.
However, trees that cannot be planted in conformity with the provisions of
Subsection C may be omitted.
C. Street Trees Within the Public Right -of -Way
1. Required street trees are to be planted within the right -of -way only in those cases
where trees cannot be planted adjacent to the street right -of -way in accordance with
Subsection B of this Section.
2. Trees planted in the public right -of -way must meet the following requirements:
a. A tree - planting permit must be obtained from the City Forester.
MEN
B. Street Trees Adjacent to the Public Right -of -Way
On single frontage lots, one large tree is required for every 40 linear feet of frontage
or one small tree for every 30 linear feet of frontage, but not less than one tree per
lot.
2. On lots with more than one frontage, one tree is required for every 60 linear feet of
frontage.
3. Required trees must be located as follows.
a. Trees must be planted on private property adjacent to the right -of -way, except
when subparagraphs (b) or (c) apply. For purposes of this Section, "adjacent"
means that large trees must be planted within 14 feet of the right -of -way line
and small trees must be planted within 8 feet of the right -of -way line. All other
siting requirements contained in this Article must be observed.
b. The number of trees required may be reduced by the number of qualifying trees
that already exist in the right -of -way or adjacent to the right -of -way. To qualify,
a tree must meet the requirements of Section 6, Preservation of Existing Trees.
C. Trees that cannot be planted adjacent to the right -of -way due to a conflict with
any provision of this Title must be planted within the right -of -way according to
the provisions of Subsection C, Street Trees Within the Public Right -of -Way.
However, trees that cannot be planted in conformity with the provisions of
Subsection C may be omitted.
C. Street Trees Within the Public Right -of -Way
1. Required street trees are to be planted within the right -of -way only in those cases
where trees cannot be planted adjacent to the street right -of -way in accordance with
Subsection B of this Section.
2. Trees planted in the public right -of -way must meet the following requirements:
a. A tree - planting permit must be obtained from the City Forester.
b. Trees may not be planted in the area between a curb and a sidewalk if the
width of the planting area is less than 9 feet, unless approved by the City
Forester.
C. All other siting requirements contained in Section 4 of this Article must be
observed.
d. Any tree planted within the street right -of -way must have a single trunk, with a
minimum of four feet from grade to the first branch at the time of planting and
must conform to the requirements of Title 10, Chapter 8, Trees and Plant
Materials, of the City Code.
14 -5E -8 Tree Requirements for Residential Uses
B. Minimum Requirements
1. For lots containing Two Family Dwellings, Multi - Family Dwellings, or Group Living
Uses, trees must be planted on site at a minimum ratio of at least one tree for every
550 square feet of total building coverage of the lot. Any combination of small and
large trees is allowed, provided this coverage ratio is met.
2. For lease lot developments, trees must be planted at a ratio of one tree for every
lease lot in the development. Any combination of small and large trees is allowed
provided this coverage ratio is met.
C. Reductions and Substitutions
1. Trees planted to meet the requirements of Section 7, Street Trees, or to meet the
tree requirements for parking areas specified in Article 14 -5A, Off- street Parking and
Loading Standards may also be used to fulfill the requirements of this Section.
2. Existing trees preserved according to the provisions of Section 6 of this Article,
Preservation of Existing Trees, may be used to fulfill the requirements of this Section.
building(s)
Twe
Family Use, Multi
Fal'Hily
Use,
e
1. NheneyeF
a principal
Eentaining a
2. �er
Subdivisien
Planned
Develepment that
lease lets,
Twe
Family
any
Uses, Mult;
Family
eF
Uses,
GFeup Hying 61ses
eentains
landseape
be
eF
a
plan must
submitted
B. Minimum Requirements
1. For lots containing Two Family Dwellings, Multi - Family Dwellings, or Group Living
Uses, trees must be planted on site at a minimum ratio of at least one tree for every
550 square feet of total building coverage of the lot. Any combination of small and
large trees is allowed, provided this coverage ratio is met.
2. For lease lot developments, trees must be planted at a ratio of one tree for every
lease lot in the development. Any combination of small and large trees is allowed
provided this coverage ratio is met.
C. Reductions and Substitutions
1. Trees planted to meet the requirements of Section 7, Street Trees, or to meet the
tree requirements for parking areas specified in Article 14 -5A, Off- street Parking and
Loading Standards may also be used to fulfill the requirements of this Section.
2. Existing trees preserved according to the provisions of Section 6 of this Article,
Preservation of Existing Trees, may be used to fulfill the requirements of this Section.
� C
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING
SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING
DEVELOPMENT.
WHEREAS, the City's zoning code establishes rules that guide the use and development of
properties that are legally nonconforming due to a change in the zoning designation of a
property or a change in the zoning regulations; and
WHEREAS, it is the in nt of the nonconforming provision of the zoning code to guide
future uses and developme in a direction consistent with City policy, to protect the character
of an area by reducing the p ential negative impacts from no conforming situations, and over
time, to bring development int compliance with the City's r ulations while also providing for
flexibility and relief from the s ict application of zoning rovisions so that properties can
continue in productive use over ti e; and
WHEREAS, the provisions in ction 14 -4E -8, Nonco forming Development, are intended
to provide flexibility and in some ca es relief from the c rrent site development standards for
nonconforming property as they redev lop, expand, or c ange uses over time; and
WHEREAS, while recent changes t the zoning c de brought the City's regulations in line
with current accepted practice with rega d to comme cial site design, including screening and
buffering parking areas, outdoor storage areas, an display lots from public sidewalks and
neighboring properties, there are many of r prope ies that are noncompliant with these new
standards; and
WHEREAS, it is necessary to provide n
from the strict application of new site deve'
practical or would unduly reduce the ability
location of existing buildings, or other site con
NOW, THEREFORE, BE IT ORDAINED I
CITY, IOWA: /
SECTION I. The Code of Ordinances o/
re exibility and relief in certain circumstances
D nt standards that would not be feasible or
to se or re -use a property due to topography,
the C
follows:
A. Deleting Subsection 14 -4E -8, Re lation of
in lieu thereof:
A. General Provisions
CITY COUNCIL OF THE CITY OF IOWA
Iowa City, Iowa is hereby amended as
ng Development, and substituting
1. Except as other wis estricted, prohibited or allowe in this Article, a use or structure
located on a lot t t contains nonconforming develo ment may be converted to a
different use or tered, provided such change in use r alteration does not increase
or extend the onconformity and provided the applica le compliance standards listed
in this sec are met.
2. Alterations
When alterations are made to a building or buildings on property that contains
nonconforming development, and the cost of said alterations is over the threshold
Ordinance No.
Page 2
values set forth in subparagraph a. below, the site must be brought into conformance
with the development standards listed in subparagraph b., up to the cap stated in
subparagraph c. The value of the alterations is based on the entire project, not
individual building permits. Mandatory improvements for fire, life safety and
accessibility do not count toward the thresholds. The stated thresholds are not
cumulative.
a. Thresholds triggering compliance
(1) Alterations with a value 35 percent or greater than the assessed value of
all improvements on the site, including sites with multiple tenants in one or
more buildings; or j
(2) Alter tions with a value of more than $25
b. Standard t that must be met
Developme t not in compliance with the develop ent standards listed below
must be bro ht into conformance or be grante a minor modification.
Requirements r standards that would not be f sible or practical or would
unduly reduce a ability to use or re -use the operty due to topography,
location of existi buildings, or other site co traints, may be modified or
waived by minor dification. The City, at it discretion, may also waive or
modify by minor mo ification any standards hat cannot be met due to a conflict
with any other requir ent of this Title.
(1) Screening of existi parking, loadin , vehicular use areas, and outdoor
storage and display reas along str t -side lot lines according to the
applicable screening andard. Set ack requirements may be modified to
address site constraint
(2) Screening of existing par 'ng, to ding, vehicular use areas, and outdoor
storage and display areas om he Iowa River or from any Parks and Open
Space Use, including trails, ording to the applicable screening standard.
Setback requirements may odified to address site constraints;
(3) Outdoor lighting standard ,
(4) Bicycle parking require nts;
(5) Street and residential ree requirem nts;
(6) Design, layout, land caping, and tree equirements within parking areas;
(7) Pedestrian circula on standards;
(8) Screening of ex' ting parking, loading, vet icular use areas, and outdoor
storage an Zd play areas along side or re r lot lines. Setback requirements
may be modi d to address site constraints;
(9) Access ma agement standards. Compliance with these standards may be
moved u in the priority list, at the discretion of the City, to address traffic
safety c ncerns;
C. Cap on th cost of compliance.
The sta ards listed in subparagraph b. must be met for the entire site.
Howe r, where the cost of compliance with the standards enumerated in
subparagraph b above exceeds 10 percent of the value of the proposed
Ordinance No.
Page 3
alterations, the site shall be brought into compliance with all site development
standards up to this 10 percent cap. It is the responsibility of the applicant to
document that the cost of the required site development improvements will be
greater than 10 percent of the value of the proposed alterations to the building
or buildings on the site. If not all site improvements are being made due to the
cost exceeding the cap, the extent and location of the site improvements below
the cap will be determined by the City and shall generally follow the order of
priority listed in subparagraph b, above. However, at the discretion of the City,
the order of priorities may be adjusted in response to specific site characteristics
in order to maximize the benefits of site improvements for site users, adjacent
properties, and the public.
3. Demolished or Destroyed Site
When a use is proposed for a property where the pri cipal uilding(s) have been
demolished`or destroyed, but that contains nonconf rmi development, such as
parking lot paving, exterior lighting, signage, etc, the operty must be brought into
compliance with all applicable site development stan rds as set forth in the base
zone and in Chapter 14 -5.
4. New Site Develo ment on sites with Nonconf rming Site Development
Any new site eleme is being constructed or es blished on the site, such as new
exterior lighting, ne parking areas, new out oor storage or display areas, new
signage, etc, must co ly with current app ' able standards.
5. Reconstruction or Re- stabli
Any nonconforming site a mer
hment o ite Development
s that a being re- constructed or re- established
must be brought into com ance
requirements or standards t t %A
reduce the ability to use or re si
existing buildings, or other site
modification. The City may al v
that cannot be met due to bnf
B. Nonconformities with reaaAd to the
he current applicable standards. However,
not be feasible or practical or would unduly
e property due to topography, location of
:raints may be modified or waived by minor
e or modify by minor modification any standard
with any other requirement of this Title.
1. If a non - residential us which is nonc nfc
of parking, stacking, r loading spaces,
there is an increase ' the number of req
the number of spa es relating to the mod
be provided. Thee spaces are in addition
site.
per of parking and loading spaces
► rming with regard to the required number
modified, expanded or enlarged such that
ired spaces over the existing situation, only
�tc:y on, expansion or enlargement need to
spaces already in existence on the
2. If a residentia use, which is nonconforming wi regard to the required number of
parking, stac ing, or loading spaces, is changed 'n any way such that there is an
increase in pe number of required spaces over tN existing situation, the property
must be br ught into full compliance with the num er of spaces required.
3. A use /di is nonconforming with regard to the requi ed number of parking, stacking,
or loaspaces may be converted to a use in anoth r use category or subgroup
witholl compliance with the number of parking, st king, or loading spaces,
accor to the follo wing rules:
a. /4f the number of required spaces for the converted use is more than what was
required for the established use, only the number of spaces beyond what was
Ordinance No.
Page 4
required for the established use need to be provided. These spaces are in
addition to any spaces already in existence on the site.
b. In addition to any additional spaces required in subparagraph a., as many
spaces as the lot will accommodate must be provided, up to the number needed
to fully comply with the standard.
C. Nonconforming JSigns
It is the intent of ese provisions that nonconforming signs be eliminated over time as set
forth below: ,
1. All lawfully esta ished signs that become nonconforming due to change in zoning
or a change in th development regulations are permitted to re ain as
nonconforming sig .
2. The owner of a nonc forming sign is required to maintain th sign in such a manner
as to avoid it becomin a hazardous sign.
3. Other than for routine m 'ntenance, if a nonconforming sig is changed or altered in
any way it must be brough into compliance with the prov' ions of Article 14 -5B, Sign
Regulations, with the follows g exceptions:
a. Nonconforming signs tha are deemed historic, si s for a historic structure and
signs on structures in a Hi oric Preservation Ov lay Zone may qualify for a
special exception as describ in paragraph 4, elow.
b. On signs located within 1000 et of an inter ate highway that are legally non-
conforming with regard to sign ea or heig t limitations, the existing sign face
may be changed or replaced, pro ided th sign meets all of the following
criteria:
(1) The sign is located on property tit is zoned commercial;
(2) The sign is not a hazardous sig , \djerlmination fined in this Title; and
(3) If the sign is located in an ar suto regulation due to its proximity to
the Iowa City Municipal Airp rt, a of "no hazard to air
navigation" has been receiv d froFAA.
4. The Board of Adjustment may gran a special exce do
nonconforming sign, provided the Ilowing conditi0 s
a. The sign must be located o �a property designa E
property registered on the ational Register of
listed as a key or contributing property in a Histo
Conservation Overlay Zohe.
b. The sign must fall into one of the following categ
(1) The sign is in keeping with the architectural
structure and is appropriate to a particular r
or
(2) The sign is an integral part of a property's h
n to allow changes to a
are met:
�d as a Historic Landmark, a
� toric Places, or on a property
c Preservation or Historic
cter of an historic
in the structure's history;
identity; or
(3) The sign makes a significant artistic or historic contribution to the
community or neighborhood in which the sign is located.
Ordinance No.
Page 5
C. At the time of application for the special exception, changes to the subject sign
must be approved by the Historic Preservation Commission through a certificate
of appropriateness. If the Board of Adjustment grants a special exception for
the sign, any subsequent changes to the sign do not have to be approved by
the Board of Adjustment, but do require a certifiiMte of appropriateness from
the Historic Preservation Commission. T
d. f the sign is not maintained according to the p visions of Article 14 -5B, Sign
gulations, and becomes hazardous, the City ay request that the Board of
A ' stment revoke the special exception.
5. The Board f Adjustment may grant a special ex eption to allow repair or
reconstructio of a nonconforming sign that ha been damaged or destroyed by fire,
explosion, act God or by a public enemy if a following approval criteria are met:
a. In order to ualify for this exc/pn sign must fall into at least one of the
following cat ories:
(1) The subjec ign is an intof the historic identity of a property or
use designat as a Histark, a property registered on the
National Regis r of Histo or of a property listed as a key or
contributing pro rty in a istrict or Conservation District Overlay
Zone; or
(2) The sign is an integr rt of a property's historic identity such that it is
generally recognized a d associated with a longstanding business or
institution and makes a ' nificant artistic, cultural, or nostalgic
contribution to the c mm ity or neighborhood.
b. The sign must be recon ructed a nearly as possible to its historic design or to
the design that is gene Ily recogni ed and associated with the longstanding
business or institution uch that it co tinues to make a significant artistic,
cultural or nostalgic ntribution to the community or neighborhood.
C. The sign must be r onstructed such tha t is not a hazardous sign. The sign
must be located in a manner that complies ith Article 14 -5D, Intersection
Visibility Standar . The Board may require :riateness. es to the sign, to its structure
or mounting, or . s location in order to imprlic safety. If the sign is not
maintained acc rding to the provision of Art5B, Sign Regulations, and
becomes haza dous, the City may request tBoard of Adjustment revoke
the special a eption.
d. If the sign i located on a property designat istoric Landmark, a
property r istered on the National Register on Places, or a property
listed as key or contributing property in a Dis rict or Conservation
District verlay Zone, the subject sign must rove by the Historic
Prese tion Commission and issued a certi appr riateness. If the
Board of Adjustment grants a special exception for the sign, any subsequent
cha es to the sign do not have to be approved by the Board of Adjustment,
b do require a certificate of appropriateness from the Historic Preservation
Commission.
Ordinance No.
Page 6
D. Nonconforming Outdoor Lighting
1. Any existing light fixture that is nonconforming with regard to how the fixture is
aimed must be brought immediately into compliance if it is possible to re -aim the
existing fixture.
2. Upon r' pair, replacement, or relocation of any luminaire, suc luminaire must comply
with an applicable requirement that it be fully shielded.
B. Deleting Subsec n 14 -5E -7A and subsection 14 -5E -8A and re mbering the following
subsections accor 'ngly.
SECTION II. REP EA R. All ordinances and parts of ordin ces in conflict with the provisions
of this Ordinance are here repealed.
SECTION III. SEVERA LITY. If any section, provisi or part of the Ordinance shall be
adjudged to be invalid or un nstitutional, such adjudic ion shall not affect the validity of the
Ordinance as a whole or an section, provision o part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DA . This Ordina a shall be in effect after its final passage,
approval and publication.
Passed and approved this da of , 2012.
MAYOR / \ Approved by
ATTEST:
CITY CLERK
City Attorney's Office
5d
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ12-
00002)
ORDINANCE NO,
ORDINANCE REZONING APPROXIMATELY 1.25 ACRES LOCATED AT 108 MCLEAN FROM
NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20) TO PLANNED DEVELOPMENT
OVERLAY /NEIGHBORHOOD STABILIZATION (OPD /RNS -20). (REZ12- 00002)
WHEREAS, the applicant Parish Apartment LLC, has requested a rezoning of property located at 108
McLean from Neighborhood Stabilization Residential zone (RNS -20) to Planned Development
Overly /Neighborhood Stabilization Residential zone (OPD /RNS -20); and
WHEREAS, the property contains a protected slope with grades exceeding 40% as well as a grove of
oak trees; and
WHEREAS, the applicant is proposing to convert the existing historic structure on the site to 16 one -
bedroom apartments; and
WHEREAS, the applicant is requesting a buffer reduction in order to allow a 12 -space parking area and
dumpster pad within the buffer on the east side of the building and up to 5 additional spaces to the west of
the building; and
WHEREAS the sensitive areas provision of the zoning code allows a buffer reduction if a geologist or
professional engineer demonstrates to the satisfaction of the City that the proposed development activity is
designed to eliminate hazards and will not undermine the stability of the slope or buffer area; and
WHEREAS, the applicant's engineer has submitted a Sensitive Areas Development Plan showing how
the modified site will effectively manage stormwater run -off and control erosion; and
WHEREAS, City Staff have reviewed the proposed plan and believe it will minimize damage to the grove
of trees and will appropriately control stormwater and erosion; and
WHEREAS, the Comprehensive Plan contains policies that encourage the protection of natural features
and the preservation of historic structures; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of RNS -20 to OPD /RNS -20:
LEGAL DESCRIPTION
Retracement Plat of Survey Lots 10, 11, & 12 in Block 3 and part of Lot 6 Block 4, Manville Heights
Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55, at Page
352, in the records of the Johnson County Recorder's Office, containing 1.25 acres, (54,498 square
feet), and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and Sensitive Areas
Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at
the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
Ordinance No.
Page 2
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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office a aLl rZ
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 3/6/2012
Vote for passage: AYES: Hayek, Mims, Payne, lHrogmorton, Champion, Dickens,
Dobyns. NAYS: Nane. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 3M356 -52S (RE 12-
00002) t"?
ORDINANCE NO. , , p\,'
ORDINANCE EZONING APPROXIMATELY 1.25 ACRES LOCATEAT 108 MCLEAN FROM
NEIGHBORHOO STABILIZATION RESIDENTIAL ZONE (RNS -20) DEVELOPMENT
OVERLAY /NEIG ORHOOD STABILIZATION (OPD /RNS -20). (REZ12-0 )
WHEREAS, the a licant Parish Apartment LLC, has requested a r zoning of property located at 108
McLean from Neighb hood Stabilization Residential zone (R -20) to Planned Development
Overly /Neighborhood Stabi ' ation Residential zone (OPD /RNS -20); an
WHEREAS, the prope \isroposing protected slope with grades xceeding 40% as well as a grove of
oak trees; and
WHEREAS, the applic to convert the existing istoric structure on the site to 16 one -
bedroom apartments; and
WHEREAS, the applicg a buffer reduction in rder to allow a 12 -space parking area and
dumpster pad within the bust side of the building nd up to 5 additional spaces to the west of
the building; and
WHEREAS the sensitive areas provisi of the zonin g
professional engineer demonstrates to the sa ' faction of t
designed to eliminate hazards and will not under ine the st a
WHEREAS, the applicant's engineer has su i
the modified site will effectively manage stormwater
WHEREAS, City Staff have reviewed the propos
of trees and will appropriately control stormwater and
WHEREAS, the Comprehensive Plan contains F
and the preservation of historic structures; and
WHEREAS, the Planning and Zoning Commis:
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CI'
SECTION I APPROVAL. Property described/
designation of RNS -20 to OPD /RNS -20:
a
c de allows a buffer reduction if a geologist of
he City that the proposed development activity is
ility of the slop or buffer area; and
ensitive Areas Development Plan showing how
ind control erosion; and
and believe it will minimize damage to the grove
i; and
that encourage the protection of natural features
the reviewed the proposed rezoning and has
COUNO�L OF THE CITY OF IOWA CITY, IOWA:
low is h eby reclassified from its current zoning
Retracement Plat of Survey Lots 10, 11, 12 in Block 3 and part of of 6 Block 4, Manville Heights
Addition, Iowa City, Iowa, in accordant with the Plat thereof re fo d in Plat Book 55, at Page
352, in the records of the Johnson Cou Recorder's Office, containin 1.25 acres, (54,498 square
feet), and subject to easements and re rictions of record.
SECTION II. ZONING MAP. The/13uilding Inspector is hereby authorized did directed to change the
zoning map of the City of Iowa City, wa, to conform to this amendment upon He final passage, approval
and publication of this ordinance by w.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and Sensitive Areas
Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at
the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
Ordinance No.
Page 2
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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: REZ12 -00002 108 McLean St. Date: February 16, 2012
GENERAL INFORMATION:
Applicant: Parish Apartments LLC
3801 Beverly Road SW, Suite 300
Cedar Rapids, IA 52404
Contact Person: Paul Anderson
MMS Consultants, Inc.
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 319 351 8282
Requested Action: Planned Development Overlay rezoning to allow
reduction of protected slope buffer.
Purpose: To allow construction of parking areas within slope
buffer and therefore the conversion of the building
into 16 one - bedroom apartments.
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
108 McLean Street
1.25 acres
Former St. Thomas More Parish House- RNS -20
North: Residential — RNS -20
South: Residential — RNS -20
East: Residential — RNS -20
West: Single family residential — RS -5
Residential 16 -24 units per acre
City Park (NW2)
January 26, 2012
March 10. 2012
BACKGROUND INFORMATION:
The building at 108 McLean Street was built in 1929 as the Sigma Pi Fraternity House. In the
1940's it was acquired by the Catholic Diocese of Davenport. At the end of World War II it was
used as the St. Thomas More Church and Catholic Student Center. After a new church building
was built on adjacent property, it became the parish house and rectory. In 2009 the church
moved to a new location and sold the property to Parish House Apartments LLC, which is
planning to convert the building to 16 one - bedroom apartments.
2
The property contains a protected slope with grades exceeding 40% along the northern and
eastern boundary. A grove of oak trees is also present on the western and southern portions of
the property. The sensitive areas provisions of the zoning code require that slopes, and a buffer
area adjacent to the slopes, not be disturbed by development activity. The applicant is requesting
a buffer reduction to allow reconstruction of the parking lot within the buffer area and the addition
of 4 parking spaces and a dumpster pad on the east side of the building. A Planned Development
Overlay (OPD) rezoning with a Sensitive Areas Development Plan (SADP) is required to allow the
buffer to be reduced.
A study conducted by the Historic Preservation Commission has determined that the structure at
108 McLean Street is eligible for listing on the National Register of Historic Places. The applicant
has indicated that they are applying to place the property on the National Register and may also
request that it be designated a local Historic Landmark.
The applicant has indicated that they have used the "Good Neighbor Policy" and have had
conducted a neighborhood meeting. A report from the meeting is attached.
ANALYSIS:
Current Zoning: The purpose of the Neighborhood Stabilization Residential (RNS -20) zone is to
stabilize and preserve the character of older neighborhoods that contain a mix of single family
housing, duplexes, single family structures that have been converted to multi - family housing, and
properties that have been developed with multi - family housing. Conversions and redevelopment
may occur up to the density allowed in the zone. At a density of 1 unit per 1,800 square feet of lot
area, the RNS -20 zoning would theoretically allow up to 30 apartments to be built on this property.
However the presence of protected slopes would likely prevent achievement of that density unless
the existing structure is removed.
A protect slope is located within approximately the northern 30 feet and the easterly 40 feet of the
property as shown the Sensitive Areas Development Plan. The slope is a wooded ravine that
provides drainage for this and adjacent properties. Although the ravine was platted as an alley in
1910, an alley was never constructed. The eastern portion of the alley was vacated and added to
this property.
Other than essential utilities no development activity is allowed within a protected slope. A buffer
of two feet for each foot of vertical rise of the slope up to a maximum of 50 feet must be provided
adjacent to a protected slope. For the slope on this property the width of the required buffer
ranges from approximately 25 feet to 50 feet (the required buffer is shown on the SADP). No
development activity is allowed within the buffer unless a buffer reduction is approved by the City
Council through a Planned Development Overlay (OPD) zone and approval of a SADP. That is
what the applicant is seeking.
Proposed Zoning: There is currently a parking area containing 12 spaces within the required
buffer to the north of the building. The applicant is seeking approval of an OPD zone and
accompanying SADP to permit a buffer reduction to allow the reconstruction of those 12 spaces
and the addition of 4 more spaces as shown on SADP. The proposed 4 spaces to the east of the
building would be accessed by a new driveway entering the property from McLean Street. The
new drive and the existing drive will create a one -way loop around the building.
The sensitive areas provision of the zoning code allows a buffer reduction if a geologist or
professional engineer demonstrates to the satisfaction of the City that the proposed development
activity is designed to eliminate hazards and will not undermine the stability of the slope or the
buffer area. The applicants engineer has submitted a SADP which proposes to reconstruct the
existing parking lot and to add 4 spaces. Concrete curbing and flumes are proposed to direct
PCD \Staff Reports\rez12- 00002.doc
3
storm water runoff to the bottom of the slope and thereby preventing further erosion. The
attached statement provides more details regarding the proposal. The City Engineer has
reviewed the plan and finds that it will control storm water runoff and minimize erosion of the
protected slope, however a plan for controlling the velocity of storm water to prevent scouring at
the bottom of the ravine should be added to the plan.
In addition to the protected slope the property contains a grove of large oak trees. The presence
of the oaks further limits the areas on that property where parking spaces could be located if the
trees are to be preserved. The applicant proposes to remove an evergreen tree and a hickory
tree located adjacent to the east side of the building to provide for the driveway loop and parking
spaces.
The attached statement from the applicant's engineer indicates that reduction of the slope buffer
to allow parking spaces to be reconstructed and additional parking spaces on the east side of the
property, will make it possible to preserve the large oaks, as grading and constructed activity will
be minimized near the trees on the western portion of the property. Earlier concepts for the reuse
or redevelopment of this property would have required the removal of some of the oak trees.
Compliance with Comprehensive Plan: The Comprehensive Plan contains policies that
encourage the protection of natural features and historic structures. In staff's opinion providing
a buffer reduction to allow reconstruction of the parking area and additional spaces will
encourage the continued use and long -term preservation of the historic structure at 108
McLean Street, while minimizing damage to the grove of trees and managing storm water
runoff that could erode the protected slope. If the buffer reduction is not approved the applicant
could propose adding parking outside of the buffer but within the area containing several trees.
This would require the removal of more trees and would likely damage the root zone of the oak
trees on the periphery of the property.
The existing building originally was constructed as a fraternity house with approximately 20
occupants. The proposal to convert the building to 16 one - bedroom apartments would be an
appropriate adaptive reuse of the historic structure requiring minimal changes to the exterior.
Other recent proposals to convert the building back into a fraternity house or to demolish it and
replace it with a new apartment building with up to 24 dwelling units, would likely have a more
significant effect on the neighborhood than the current proposal. The conversion of the former Xi
Fraternity House at 360 Ridgeland Avenue is a good example of adoptive reuse of a similar
building.
Neighborhood Open Space: Because this is an OPD rezoning, 5,631 square feet of
neighborhood open space or fees in lieu of land are required. Given the steep topography, it is
unlikely that the Parks and Recreation Commission will find portions of this property suitable for
dedication. Therefor fees equivalent to the value of 5,631 square feet of property will likely be
required.
Summary: The applicant is requesting a buffer reduction to allow the reconstruction of a parking
lot and 4 additional parking spaces within the buffer otherwise required for the protected slope on
this property. The property also contains a grove of trees. The sensitive areas provisions of the
zoning code allow for the reduction of slope buffer, if a geologist or professional engineer
demonstrates to the satisfaction of the City that the proposed development activity is designed to
eliminate hazards and will not undermine the stability of the slope or the buffer area. In staffs
opinion the SADP submitted by the applicant minimizes the damage to the grove of trees and
controls storm water that could potentially erode the protected slope.
PCD \Staff ReportsVez12 -00002.doc
4
STAFF RECOMMENDATION:
Staff recommends that REZ12 -00002 an application submitted by Parish Apartments, LLC for a
rezoning from Neighborhood Stabilization Residential (RNS -20) zone to Planned Development
Overlay / Neighborhood Stabilization Residential (OPD /RNS -20) zone for approximately 1.25 -
acres of property located at 108 McLean Street be approved.
ATTACHMENTS:
1. Location Map
2. Sensitive Areas Development Plan
3. Statement from MMS Consultants regarding buffer reduction
4. Report from Neighborhood Meeting.
Approved by:
Jeff Davidson, Director,
Department of Planning and Community Development
PCD \Staff ReportsVez12- 00002.doc
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-- -------- -------- L
-------------
- - -- --- --- --
-------------
M MMS CONSULTANTS, INC.
M IOWA CITY IOWA I CEDAR RAPIDS IOWA
OFFICE: 319 - 351 -8282 OFFICE: 319 - 841 -5188
Your Vision + Our Innovation = Inspired Results
February 2, 2012
Revised February 10, 2012
Attachment to Application for Planned Development- Rezoning
for
Parish Apartments, 108 McLean Street
MRegarding checklist item # 12, applicant's statement as to why zone change is warranted:
The applicant wishes to establish a beneficial reuse of a significant historic building at this
location by remodeling the interior to provide 16 one bedroom apartments. The property has two
sensitive features as identified by the Iowa City Zoning Ordinance, Section 14 -51, Sensitive
Lands and Features. These are a protected slope generally along the north and east property lines
and adjacent to an existing PCC parking lot currently serving the building and a grove of trees
generally on the western portions of the property.
A Planned Development Overlay zone change is warranted to allow continued use of the existing
° parking area at the rear of the building within the buffer for the existing protected slope. A
N reduction of the protected slope buffer is requested at the location of the existing parking and on
the east side of the building to allow for additional parking spaces and driveway access as
a required in the Site Plan regulations.
Z All trees in the grove are to be protected and remain. The existing pavement in the parking lot
north of the building and the driveway west of the building are to continue to be used in their
current condition. This eliminates the need for construction within the grove. The existing drive
west of the building is wide enough for one way traffic so the drive and parking on the east side
of the building are provided to develop a one way loop traffic pattern around the building
r
9
Z
Regarding checklist item #7, A description of methods used to comply with applicable standards
b of Section 14 -5I:
The protected slope feature adjacent to the parking lot will be protected from future erosion
primarily by limiting surface runoff across the surface of the slope. This will be accomplished by
directing runoff on the impervious parking lot surface using curbs to two locations where flumes
are to be constructed to the base of the protected slope. This will cause the runoff from the
impervious surface to be focused and conveyed past the sensitive feature. The flumes are to
extend partially across the bottom of the ravine to allow the velocity and erosive ness of the
< water to be dissipated prior to being discharged to the existing ground. Permanent erosion control
matting is to be installed adjacent to the flumes to provide a stable area to control erosion
Z
K particularly at the bottom of the ravine.
aCurrently the protected slope is marginally protected from runoff from the existing parking lot by
curbing and flumes. The pavement, curb and flumes are in disrepair which allows some runoff
from the existing parking lot to flow across the protected slope. The existing damaged flumes
r and curb edge of the parking lot are to be removed and replaced with more durable construction.
The failure of the existing pavement has been caused by loss of supporting soil under the
pavement resulting from past erosion of the slope. In order to remedy this situation, a foundation
1917 S. GILBERT ST. • IOWA CITY • IOWA 52240
WEBSITE: WWW.MMSCONSULTANI'S.NET EMAIL: MMS @MMSCONSULTANTS.NET
wall is proposed at the edge of the pavement where it is adjacent to the protected slope. This
foundation is intended to assure the base under the pavement is stable. Only a gutter section
along the edge of the pavement adjacent to the protected slope is to be removed and replaced
with the foundation wall /curb section.
By taking measures to control the runoff from the proposed parking areas and assure the
pavement is stable it is reasonable to reduce the buffer where the parking lot is proposed. The
function of the buffer is provided by the above described measures.
r
IFAA
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IOWA CITY IOWA
OFFICE: 319- 351 -8282
CEDAR RAPIDS IOWA
OFFICE: 319 - 841 -5188
Your Vision + Our Innovation = Inspired Results
108 McLean Street Good Neighbor Meeting
February 6, 2012
Minutes of meeting
John Shaw introduced the developer, contractor and consultants. John described the proposed use
and planned remodeling of the building interior. The building exterior is to remain unchanged
with the exception of one egress window in each studio apartment in existing window openings,
and modification of the steps and elevation of the walk at the main entrant as required to provide
wheelchair access.
Paul Anderson described the planned parking improvements, the sensitive features (protected
slope and grove of trees) on the property, and how the plan balances the parking need and impact
to sensitive features. The plan requests removal of 2 trees in the grove and reduction of the slope
buffer for the parking spaces.
Tom Frantz gave the background of their company and plans for this property. They are
experienced in restoring and adapting historic buildings. They intend to own and manage this
property over the long term. Their target tenants are young professionals and graduate students.
A time for questions and answers was provided.
1. Can you reduce the number of units resulting in Iess parking needed and less impact to the
property? No: 16 units is the minimum density needed to make the project work financially.
2. Have you looked into offsite parking? No: A discussion followed regarding where such offsite
parking would be available in the neighborhood and how far residents should be expected to
walk from parking to the building entry.
3. Have you considered parking in the ravine accessed from N. Riverside with access to the
building by the existing stairs? No: There is limited space available at the bottom of the ravine, it
is in a slope protection buffer, it is a drainage channel, and the stairs are in poor repair.
4. Is this plan the most disruptive to the site anticipated? This comment followed a statement that
the developer and consultants are working with city staff to modify the plan to not damage or
remove the 2 trees in the grove. Yes: generally this is the most disruptive plan of development
proposed by this developer. A discussion followed regarding many previous proposals by others
to re- develop the property. All of those proposals were more disruptive to the site than the
current proposal.
5. Questions were asked about proper inspection and abatement of lead paint and asbestos in the
building. Tim Hanna described the inspection, documentation, and abatement procedures being
followed.
The attendees were encouraged to monitor the Iowa City web site to determine when this project
would be on Planning and Zoning and City council agendas. The first anticipated public meeting
is P & Z on 2/16. The approval process for the requested rezoning was described.
The meeting attendance sign in sheets are attached (2 pages)
Submitted by Paul Anderson
4911 S. GILBERT ST. �. IOWA CU Y IOWA. 52240
\VEBSITE. WWWMMSCONSULTAN S-Al EMAIL: MMS @MMSCONSULTANTSNET
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Prepared by: Eleanor Dilkes, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS ", CHAPTER 5,
"MISCELLANEOUS OFFENSES ", SECTION 6, "INDECENT EXPOSURE AND
CONDUCT" TO CREATE TWO SEPARATE OFFENSES TO BE KNOWN AND CITED AS
"INDECENT EXPOSURE" AND "PUBLIC URINATION AND DEFECATION ".
WHEREAS, the same section of the City Code prohibits both indecent exposure and public urination,
and therefore the same code section is cited whether the offense being charged is indecent exposure or
public urination;
WHEREAS, this amendment will create a separate code section for each of these offenses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 8, "Police Regulations ", Chapter 5, "Miscellaneous Offenses ", Section 6, "Indecent Exposure and
Conduct" is amended by deleting it in its entirety and substituting the following in lieu thereof:
8 -5 -6 INDECENT EXPOSURE AND CONDUCT
A. It shall be unlawful for a person to allow or permit the exposure of the genitals, buttock, female
breasts or pubes of such person to another not eh person's' spouse or partner or to commit a sex
act in the presence or view of another person except a spouse or partner, if: (1978 Code §24-
114; amd. 1994 Code)
1. The person does so to arouse or satisfy the sexual desire of either of them; and
2. The person knows or reasonably should know that the act is offensive to the viewer.
B. "Sex act" means any act, actual or simulated, which involves contact with human or animal
genitalia or the anus. This would include, but not be limited to, such acts as masturbation or
sexual intercourse.
8 -5 -13 PUBLIC URINATION AND DEFECATION
A. It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place
or in any place open to public view, provided this subsection shall not apply to restrooms or public
facilities designated for such purpose. (1978 Code §24 -114)
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 12012.
MAYOR
ATTEST:
CITY CLERK
F - roved by
,,
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 3/6/2012
Vote for passage: AYES: Payne, Throgmorton,,Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
I "" a
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5156
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC
TRANSPORTATION, TO AMEND FEES
WHEREAS, Iowa City Code section 3 -4 -7: Public Transportation: sets the Amount of Fee for various
Transit matters; and
WHEREAS, effective July 1, 2012 Transit operations will no longer be included in the General Fund
budget; and
WHEREAS, Transit operations wish to attain a goal of user fees covering 30% - 35% of actual
operating costs; and
WHEREAS, the last transit fee increase was on July 1, 1996;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION: is hereby
amended by deleting it in its entirety and replacing it as follows:
3-4 -7: PUBLIC TRANSPORTATION:
Description of Fee, Charge, Fine or Penalty
Amount of Fee, Charge, Fine or
Penalty
General fares and rates:
17.00
._......._......_____.__.___...
.................. ... ................... .__ ........... _ ... .... ................... _.._.._.__._._.._.._....._ ... _ .......... _...................._.. .............. _.._ .......... _ ...... ....... _ ............................................. _... ....._..
University of Iowa Semester Pass (Prorated)
Standard fare, general public
Kirkwood Semester Pass (Prorated)
1.00
24 hour pass
�. 100.00^
2.00
Children (K -12)
0.75
Children under 5 years old
Free
School Field Trip (per person) �
�
0.75
Bus Passes:
31 -Day Pass (Adult, 18 years old and up)�
32.00
31 -Day Pass (Youth, K -12)
27.00
31 -Day Pass (Bulk sales) 28.00
31 -Day Pass (Low Income) 27.00
31 -Day Pass (City Employee) Half Price of 31 -Day Pass (Adult)
V. ..... .... __ ...... ......._.
10 -Ride Pass ,
8.50
20 -Ride Pass (University of Iowa) ____..___._.._..__.._.__.._.._._._._...____...__
17.00
._......._......_____.__.___...
.................. ... ................... .__ ........... _ ... .... ................... _.._.._.__._._.._.._....._ ... _ .......... _...................._.. .............. _.._ .......... _ ...... ....... _ ............................................. _... ....._..
University of Iowa Semester Pass (Prorated)
100.00
Kirkwood Semester Pass (Prorated)
100.00
_ --
Youth Semester Pass (K -12, Prorated)
�. 100.00^
Special fares:
Elderly persons (off peak only, 60+ years)
�__._...._
_...._ .............. ............
0.50
_............. .................................. _ ... ........ _........... ...............................
.......__ .........................__..__..._._._........._........_...I--....................._...._._........_......_...............__............_........_..---......_............................_..... ............__._......_......._
Elderly Low Income (off peak only, pass required)
Free
Person with Disability (off peak only, pass required)
_ �
Free
Saturday Family Fare (Up to 2 adults and 2 children)
_ ........... _ ....................................._.._...._........._....... .... _.._....._._.. .............. -... ..... .......... ............ .............. ................. ........... ........... _...................._.......... ..................
��
..................................... ... _ ........................ .._......
1.00
.................. _..... ................. ................................ ..... __.........._......_.._.....
Bicycle Lockers:
Annual (Prorated)
_
75.00
Miscellaneous:
Use of City Vehicle and Operator [ Fully allocated cost per hour
Bus and Shop [ .35
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 effective on July 1, 2012.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
2012.
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 3/6/2012
Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
I �-
�•�.,.® CITY OF IOWA CITY 13 Ott
- - �=`H`gq MEMORANDUM
Date: March 1, 2012
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: Transit Fee Amendment for FY2013
Introduction: At the March 6, 2012 City Council meeting, consideration will be given to an
ordinance amending transit fares, passes and miscellaneous charges beginning July 1, 2012.
History /background: As a part of the FY2013 budget proposal, transit operations will be
removed from the general fund, making it an enterprise fund. This results in a loss of $1.1
million in revenues as a result of transit no longer participating in the benefits levy for general
fund operations. These revenue losses resulted in a necessity to lower expenses and increase
other revenues in order to cover the budget gap created by this change.
Discussion of Solution: The Transportation Services Department through the FY2013
budgeting process proposed an increase in transit fares, passes and other miscellaneous
charges. These increases will cover a portion of the gap created by transit operations moving
from a government activity to a business type activity. Additionally, this fee increase will move
transit toward attaining a goal of user fees covering 30% - 35% of actual operating costs. The
last transit fee increase was July 1, 1996 and this change, if passed, will take effect on July 1,
2012.
Financial Impact: This amendment will result in an estimated increase in user fees of
$330,000.00 to transit revenues for FY2013. In addition, as a part of our 28E Agreement for
contracted paratransit services with Johnson County SEATS, the single ride fare will increase
from $1.50 to $2.00. A copy of the section from the 28E Agreement is included as a part of this
memo. This provides the detailed language addressing the fares charged by Johnson County
SEATS.
Recommendation: The Transportation Services Department recommends approval of this
fee amendment.
Amended 28E Agreement for Paratransit Service
between the City of Iowa City and Johnson County for
the period of July 1, 2008 through June 30, 2013
This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred
to as "Iowa City ", and Johnson County, Iowa, hereinafter referred to as "County".
Scope of Services
The County shall provide to Iowa City through Johnson County SEATS paratransit service consistent
with the Americans with Disabilities Act and the policies of the Iowa City City Council and the Johnson
County Council of Governments Paratransit Plan.
General Terms
1. Paratransit service area for Iowa City shall be the corporate limits of the City of Iowa City.
2. Paratransit service shall be operated within the corporate limits of Iowa City from 6:00 a.m. until
11:59 p.m., Monday through Friday; 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00 a.m. until
2:00 p.m. on Sunday. The paratransit service shall operate a holiday schedule consistent with
Iowa City Transit.
3. Paratransit service shall be operated as a door -to -door service. Service will be in compliance with
the "SEATS Riders Guide" as amended. Johnson County SEATS operators shall be sensitive to
the needs of passengers with disabilities.
4. The paratransit service shall be operated with a fare which shall be twice the fixed route fare.
Paratransit fares collected shall be retained by the County. The only exceptions to the fare of
twice the fixed route fare shall be Iowa City residents designated by Iowa City who qualify as
being entitled to a discount; such individuals shall be entitled to a paratransit fare equal to the
fixed route fare. Reductions in the fare schedule will be done in consultation with the County to
determine the commensurate reduction in revenue to the County. Any other fare collected on
behalf of any contracting agency and administered by the paratransit provider will not affect the
agreement with Iowa City.
5. Iowa City shall pay the cost of vehicle maintenance for any miles the paratransit vehicles are used
in fixed route service. Iowa City will continue to have the option to use the vehicles from the
Iowa City paratransit fleet when not assigned to Johnson County SEATS paratransit service.
6. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly marked as
City of Iowa City and Johnson County (including City of Coralville) paratransit vehicles. Iowa
City shall provide signage for the purpose of identifying vehicles that are in use as Iowa City -
Johnson County (including City of Coralville) paratransit vehicles. Vehicles and personnel used
to provide Iowa City- Johnson County paratransit service shall be neat and clean in appearance.
7. The County shall be familiar with the Johnson County Council of Governments (hereinafter
"JCCOG ") complementary paratransit plan for the Iowa City urbanized area and will conduct
paratransit service consistent with said document. This will include Iowa City's determination of
rider eligibility based upon a certification process. Johnson County SEATS shall notify Iowa City
of request for ADA certification on a weekly basis at which time the applicant shat! be entitled to
continue to use SEATS for a 21 -day grace period. It shall be Iowa City's responsibility to notify
Johnson County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant
shall remain eligible for paratransit service. Priority for paratransit service will be given to
persons certified under the ADA.
8. Johnson County SEATS shall maintain reporting statistics required by the Federal Transit
Administration National Transit Database (formerly Federal Section 15 system). In addition
Johnson County SEATS shall provide a management information system consisting of
/Lj
Prepared by: Ed Moreno, Superintendent, Water Division, 410 E. Washington, Iowa City, Iowa 52240, 319- 356 -5162
ORDINANCE NO'.
ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE.
WHEREAS, the Water Division recommends amending the City Ordinance Code
Section 3 -4 -3 to correct the `water service charged for the first 100 cubic feet or less of
water used, based on meter size', which was inadvertently changed in Ordinance # 10-
4399; and
WHEREAS, the Water Division also recommends amending the City Ordinance
Code Section 3 -4 -3 to clarify the water main extension fee; and
WHEREAS, it is in the best interest of the public to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION LAMENDMENTS:
TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES AND PENALITIES, SECTION 3,
POTABLE WATER USE AND SERVICE is hereby amended by:
A. Deleting the chart for `Water service charges ... for first 100 cubic feet or less
of water used, based on Meter size' it in its entirety and replacing it as
follows:
3 -4 -3: POTABLE WATER USE AND SERVICE:
Water Service Charge (16 -3A-4) for first 100
cubic feet or less of water used, based on
meter size.
Meter Size (Inches)
Charge
E! 5/8" x 3/4 "
$6.41
3/4 — �
- - -� —
$7.00 —�
��
$8.26
1 1/2
$16.47
2„
� $22.14
_
. - __.... ..... ..
6"
I _ _..._ . _.._ - ._..._..__..................
......_...__..._._._.._.._.
$143.61 -'
_
There will be no minimum monthly charge for a single purpose water meter for the months of
j November to March if no water is used.
I
B. Deleting the charts for `Extension of major feeder lines (oversizing)' and
`Water Main Installation And Connection Fees' in their entirety and replacing
them with the following:
Extension of water mains $395.00 per acre
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with
the provision of the 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 after its
final passage, approval and publication, as provided by law.
Passed and approved this
Mayor
ATTEST:
CITY CLERK
day of , 2012.
City Attorney's Office t t Z
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration
Vote for passage:
Mims. NAYS: None.
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
2/21/2012
that the
AYES: Payne, -Ehrogmorton, Champion,Dickens, Dobyns, Hayek,
ABSENT: None.
Second Consideration 3/6/2012
Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Date published
Z5
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE
OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO
ALLOW PLANTERS IN LIEU OF FENCING.
WHEREAS, sidewalk cafes are a use of public sidewalks in the C132, C65, and C610 zones that require a
temporary easement; and
WHEREAS, after the first year during which temporary fencing is allowed, anchored fencing is required to
delineate the cafe;
WHEREAS, planters with flowers and /or other vegetation should be allowed as an alternative to fencing; and
WHEREAS, it is in the City's interest adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe
Area," is hereby amended adding the following new Paragraph 3c:
c. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to
delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject
to the following limitations:
(1) The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or
City Plaza at the end of the day's operation along with the tables, chairs, and other items.
(2) The planters shall not be less than twenty -seven inches (27 ") or more than thirty -six inches (36 ") in height
excluding plantings.
(3) The planters shall be either metal or have a metal frame.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 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 12012.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 2/21/2012
Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
3/6/2012
AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
/i
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
ORDINANCE NO.
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE
RIVERFRONT CROSSINGS URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE OF .IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A
SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS,
REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH THE RIVERFRONT CROSSINGS URBAN RENEWAL PLAN.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 11 -335 passed and
approved on the 18t" day of October, 2011, adopted an Urban Renewal Plan (the "Urban
Renewal Plan ") for an urban renewal area known as the Riverfront Crossings Urban
Renewal Area, (the "Urban Renewal Area "), which Urban Renewal Area includes the
lots and parcels located within the area legally described as follows:
Beginning at a point on the southeast corner of Sturgis Corner Addition Part II;
Thence southerly to the centerline of U.S. Highway 6;
Thence westerly along said centerline to its intersection with S. Riverside Drive;
Thence continuing westerly along the centerline of State Highway 1 to a point
where it intersects with the centerline of Orchard Street extended;
Thence northerly along the centerline of Orchard Street to the centerline of the
Iowa Interstate Railroad;
Thence easterly along said railroad centerline to a point that is 190', more or
less., west of the point of intersection of the railroad and the centerline of State
Highway1 /Riverside Drive;
Thence northerly to the north right -of -way line of said railroad;
Thence north 118' to the south right -of -way line of S. Riverside Court;
Thence north 12.5' to the centerline of S. Riverside Court;
Thence west along said centerline to where it intersects with the extension of the
west boundary of property described as follows:
Commencing 459.5' east of the SW corner of Lot 1; N100% E60% S100%
W60% Ryerson's and Sharp's Subdivision.
Thence northerly along said west property line extended to the centerline of
Myrtle Ave;
Thence east along said centerline, continuing east to the west bank of the Iowa
River;
Thence southerly along the west bank of the Iowa River to the point of beginning;
And the right of way of all adjacent roads.
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City of Iowa City, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Iowa City, .Iowa desires to provide for
the division of revenue from taxation in the Urban Renewal Area, as above described, in
accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the Urban Renewal
Area legally described in the preamble hereof, by and for the benefit of the State of Iowa,
City of Iowa City, County of Johnson, Iowa City Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as
hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the Urban Renewal Area, as shown on
the assessment roll as of January 1 of the calendar year preceding the first calendar
year in which the City of Iowa City certifies to the County Auditor the amount of loans,
rebates, grants, advances, indebtedness, or bonds payable from the division of property
tax revenue described herein, shall be allocated to and when collected be paid into the
fund for the respective taxing district as taxes by or for the taxing district into which all
other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, grants, rebates, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code
of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the Urban Renewal Area
pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and
interest of each taxing district shall be collected against all taxable property within the
Urban Renewal Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the Urban Renewal Area exceeds the total assessed value of the taxable property in the
Urban Renewal Area as shown by the last equalized assessment roll referred to in
Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable
property in the Urban Renewal Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the Urban
Renewal Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes from property within the Urban
Renewal Area as described above. In the event that any provision of this Ordinance
shall be determined to be contrary to law, it shall not affect other provisions or
application of the Ordinance which shall at all times be construed to fully invoke the
provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal
Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed and approved this day of 120
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office jOhZ
Riverfront Crossing Urban Renewal Area
� I r
PRENTISS ST
i
yl cyWA Y s
- u
" � a
V(�
1101
O l�
Riverfrant Crossing rban Renewal Area p�
Approximately 44 Acres alb
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 2/21/2012
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns.
AYES: None. ABSENT: None.
Second Consideration 3/6/2012
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Champion, Dickens.
NAYS: Throgmorton. ABSENT: None.
Date published