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HomeMy WebLinkAbout2012-09-04 OrdinancePrepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, DEFINING SMALL WIND ENERGY CONVERSION SYSTEMS AND ESTABLISHING REGULATIONS TO ALLOW THESE SYSTEMS AS ACCESSORY USES IN CERTAIN ZONES BY SPECIAL EXCEPTION. WHEREAS, Wind Energy Conversion Systems or, as more commonly referred to, wind turbines, are not currently an allowed principal or accessory use in Iowa City; and WHEREAS, this ordinance intends to balance the need for clean, renewable energy resources and protecting the public health, safety and welfare of the community; and WHEREAS, regulations in this amendment allow Small Wind Energy Conversion Systems while ensuring they are appropriately designed, located and installed; and WHEREAS, Small Wind Energy Conversion Systems are distinguished from larger utility - scale wind turbines by their limited size, generating capacity and that they must be accessory to the principal use or uses on a property and as such are more appropriately scaled for an urban setting; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommends approval. 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. Amend Title 14, Chapter 9, Definitions, by adding a new Article G, as follows: Article G. Small Wind Energy Conversion Systems (SWECS) Definitions As used in Subsection 14- 4C -2Y, Small Wind Energy Conversion Systems, the following definitions shall apply. The General Definitions contained in Article A of this Chapter shall apply to all terms used in said subsection that are not defined below. HUB HEIGHT: The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached. OFF -GRID: An electrical system that is not connected to utility distribution and transmission facilities or to any building or structure that is connected. PRIVATE WIND GENERATOR: An electricity - generating apparatus, whose primary purpose is to produce electricity for use on site, consisting of one wind turbine per parcel, with a generating capacity no larger than ten (10) kilowatt. SHADOW FLICKER: Changing light intensity caused by sunlight passing through the moving blades of a wind energy conversion system. SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind energy conversion system which has a nameplate rated capacity of up to ten (10) kilowatts for residential uses and up to one hundred (100) kilowatts for non - residential uses and which is accessory to a principal use on the same property. A system is considered a SWECS only if it supplies electrical power solely for the use or uses on the subject property, except that when a property on which the system is installed also receives electrical power supplied by a utility company, Ordinance No. Page 2 excess electrical power generated and not presently needed for on -site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended. SMALL WIND ENERGY CONVERSION SYSTEM, BUILDING MOUNTED: A SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fastened to the principal building. SMALL WIND ENERGY CONVERSION SYSTEM, FREE STANDING: A SWECS which is elevated by means of a monopole tower only and is not located on another supporting structure except that the tower shall have an appropriately constructed concrete base. Guyed, lattice, or other non - monopole style towers shall not meet this definition. SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS: A small wind energy conversion system that has blades which rotate through a horizontal plane, as shown in the illustration below. SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS: A small wind energy conversion system that has blades which rotate through a vertical plane, as shown in the illustration below. i i4orzcol f AX) Veftcal Axis TOTAL EXTENDED HEIGHT: The height above grade to a blade tip at its highest point of extension. TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground. WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the foundation, base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine. WIND TURBINE GENERATOR: The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy. B. Amend Title 14, Section 4C -2, Specific Approval Criteria, by adding a new subsection Y, as follows: Ordinance No. Page 3 Y. Small Wind Energy Conversion Systems Small Wind Energy Conversion Systems (SWECS) are allowed as accessory uses in certain zones subject to the applicable approval process, standards and restrictions as set forth in this subsection. 1. Permit Required: a. It shall be unlawful to construct, erect, install, alter or locate a SWECS within the City of Iowa City, unless the owner /operator has obtained a building permit from the City of Iowa City. b. The owner /operator of the SWECS shall obtain all applicable permits required by federal and state law prior to constructing the system. 2. Applicability and Approval Process a. Building- mounted SWECS are allowed in the CI -1, CC -2, CH -1, CB -5, CB- 10, 1 -1, 1 -2, RDP, ORP, P1, P2, and ID Zones, in accordance with the standards and restrictions set forth in this subsection. b. Freestanding SWECS that do not exceed a total extended height of 45 feet are allowed in the 1 -1, 1 -2, RDP, ORP, P1, P2, ID -I, and ID -RP Zones, in accordance with the applicable standards and restrictions set forth in this subsection. A special exception is required, however, for any freestanding SWECS proposed within 300 feet of a residential zone boundary. c. A special exception is required for any freestanding SWECS that exceed a total extended height of 45 feet in the 1 -1, 1 -2, RDP, ORP, P1, P2, ID -1, and ID -RP Zones. 3. Feasibility Study Recommended a. It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least 3 months. The applicant for a SWECS building permit shall indicate whether a feasibility study has been conducted and the results of any such study. b. The grant of a special exception or issuance of a building permit for a SWECS does not constitute the granting of an easement by the City of Iowa City. The SWECS owner /operator shall have the sole responsibility to acquire any covenants, easements, or similar rights to assure or protect access to sufficient wind as may not be necessary to operate the SWECS. 4. Size and Number Of Systems Per Lot a. If allowed in the subject zone, no more than one (1) freestanding SWECS that is taller than the tallest existing principal building on the property may be permitted. If allowed in the subject zone, additional freestanding SWECS that conform to setback requirements and other standards contained herein and that are no taller than the tallest existing principal building located on said property may be permitted. Additional building mounted SWECS may be allowed within the parameters of this subsection. b. Any one SWECS proposed for the subject property may not exceed a nameplate rated capacity greater than 100 kilowatts. However, in no case shall the generating capacity of aggregated SWECS on a property exceed anticipated energy needs for on -site consumption. 5. Lot Size Standards a. The minimum lot size for a freestanding SWECS shall be one (1) acre. Ordinance No. Page 4 b. The minimum lot size for a building- mounted SWECS shall be one (1) acre if mounted on a building five (5) stories or less in height. c. There shall be no minimum lot size for building- mounted SWECS if mounted on a building six (6) or more stories in height. 6. Setbacks a. The minimum distance between any freestanding SWECS and any property line or any existing, proposed, planned, or anticipated public street right -of -way or public trail shall be a distance that is equivalent to one hundred fifteen percent (115 %) of the total extended height. If the certificate of insurance for the SWECS requires a greater setback than the setback required herein, the setback shall be increased to meet the insurance requirement. The setback shall be measured from the point of the SWECS closest to the property line or existing, proposed, planned, or anticipated public street right -of -way or public trail, including the blade at its greatest horizontal extension. b. The required setback for any building- mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached. 7. Additional Siting Standards a. No portion of a vertical axis SWECS blade shall extend within 12 feet of the ground. b. No portion of a horizontal axis SWECS blade shall extend within 30 feet of the ground. c. The blades of any freestanding SWECS may not extend within 20 feet of a parking area, driveway, tree, structure, outdoor use area, pedestrian walkway, or above - ground utility structure or facility. d. No part of a SWECS shall be located within or over drainage, utility or other established easements. e. No SWECS shall be constructed so that any part thereof can extend within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five (5) feet. f. A SWECS shall be located in compliance with the guidelines of applicable Federal Aviation Administration (FAA) regulations as amended. 8. Height Standards Small Wind Energy Conversion Systems are exempt from the maximum height standards of the base zone, however the following height restrictions apply: a. For freestanding SWECS, the Total Extended Height of SWECS shall not exceed the following: (1) For lots of one (1) but fewer than three (3) acres: 65 feet maximum. (2) For lots of three (3) to seven (7) acres: 80 feet maximum (3) For lots more than seven (7) acres, but less than fifteen (15) acres: 100 feet maximum (4) For lots more than 15 acres: 150 feet maximum b. For building- mounted SWECS, the hub height shall not be more than 10 feet higher than the point of attachment to the building on which it is attached. Ordinance No. Page 5 9. Design Standards a. Only monopole towers shall be permitted for freestanding SWECS. Lattice or guyed towers of any other type are prohibited. b. Freestanding SWECS shall be a neutral color such as white, sky blue or light gray. Building mounted SWECS shall match or be complementary in color to the building to which it is attached. Other colors may be allowed at the discretion of the Board of Adjustment. The surface shall be non - reflective. c. No lights shall be installed on the tower, unless required to meet FAA regulations. d. No signage or advertising of any kind shall be permitted on the tower or any associated structures. e. The tower must be designed to prevent climbing within the first twelve feet (12') of height above grade. 10. Coordination with local utility company a. Utility Notification: The City of Iowa City shall notify the applicable utility company of receipt of an application to install an interconnected customer - owned generator. Off -grid systems shall be exempt from this notification requirement. b. Interconnection: The SWECS, if not off -grid, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board. No permit of any kind shall be issued until the City of Iowa City has been provided with a copy of an executed interconnection agreement. Off -grid systems shall be exempt from this requirement. c. Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to supply electrical power to the owner for on -site consumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as may be subsequently amended. 11. Performance Standards An applicant shall provide evidence to the City that the following standards will be met: a. Noise: A SWECS shall be designed, installed and operated so that the noise generated does not exceed 50 decibels (dBA) when measured from the nearest point on property line to the SWECS. b. Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure. c. Safety Controls: Each SWECS shall be equipped with both automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, over - speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid. d. Structural Integrity: Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure. Ordinance No. Page 6 e. Maintenance: Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this Article or elsewhere within the City of Iowa City code. f. Shut Off: A clearly marked and easily accessible shut off for the wind turbine will be required as determined by the Building Official. g. Electromagnetic Interference: All SWECS shall be designed and constructed to not cause radio and television interference. If it is determined that the SWECS is causing electromagnetic interference, the owner /operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the Building Official. A special exception or permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident. h. Compliance with National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and manner of installation conforms to the state National Electric Code. Insurance: A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City of Iowa City, showing general liability insurance coverage for the installation and operation of the system under a standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. j. Engineer Certification: Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer shall also be submitted. k. Installation: Installation must be done according to manufacturer's specifications. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards. Removal: If the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned. The SWECS owner and /or the owner of the property shall remove the abandoned system at their expense. To comply with this requirement, the entire structure, transmission equipment and any surrounding fencing must be removed from the property, excluding foundations. Non - function or lack of operation may be proven by reports from the interconnected utility. For off -grid systems the City of Iowa City shall have the right to enter the property at its sole discretion to determine if the off -grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner /operator and any successors shall make available to the Director of Housing and Inspection Services or designee any and all reports or documents needed to determine functionality, if requested. If removal of towers and appurtenant facilities is required, the Director of Housing and Inspection Services Department or designee shall notify in writing the SWECS owner and /or the owner of the property on which the SWECS is located. Removal shall be completed within six (6) months of the date of said written notice. Ordinance No. Page 7 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, as provided by law. Passed and approved this day of 2012. u_ •C ATTEST: CITY CLERK Approved by City Attorney's Office e �Z 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 9/4/2012 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published � r — asaa-1r- 4b Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINANCE AMEND G TITLE 14, ZONING CODE, DEFININ13 SMALL WIND ENERGY CONVERSION SYSTEMS AND ESTABLISHING REGULATIO S TO ALLOW THESE SYSTEMS AS ACCESSORY SES IN CERTAIN ZONES BY SPECIAL EXCEPTION. WHEREAS, Wind Energy C nversion Systems or, as /sei commonly referred to, wind turbines, are not currently an alk principal or accessory owa City; and WHEREAS, this ordinan ce inten to balance the need f, renewable energy resources and protecting the public health, safety d welfare of the coy; and WHEREAS, regulations in this ame ment allow Smal Energy Conversion Systems while ensuring they are appropriately desig ed, located and i ; and WHEREAS, Small Wind Energy Conv"i0tIn n S) scale wind turbines by their limited size, ge g the principal use or uses on a property and as uch setting; and WHEREAS, the Planning and Zoning Commissio approval. NOW, THEREFORE, BE IT ORDAINED BY THI CITY, IOWA: SECTION 1. The Code of Ordinances of the it follows: are distinguished from larger utility - f and that they must be accessory to )re appropriately scaled for an urban reviewed this ordinance and recommends ITY COUNCIL OF THE CITY OF IOWA of A. Amend Title 14, Chapter 9, Definitions, by�adding a City, Iowa is hereby amended as cle G, as follows: Article G. Small Wind Energy Convers' n Systems (SW CS) Definitions As used in Subsection 14- 4C -2Y, Small W d Energy Conversion stems, the following definitions shall apply. The General Defin' ions contained in Article of this Chapter shall apply to all terms used in said subsection that re not defined below. HUB HEIGHT: The distance measur9b from the surface of the tower foundation to the height of the wind turbine hub, to which t blade is attached. \ OFF -GRID: An electrical system,i'hat is not connected to utility distribution J transmission facilities or to any building structure that is connected. PRIVATE WIND GENERAT R: An electricity - generating apparatus, whose pri ary purpose is to produce electricity fo use on site, consisting of one wind turbine per parc I, with a generating capac/eergy larger than ten (10) kilowatt. SHADOW FLICKERging light intensity caused by sunlight passing through the moving blades of a wind conversion system. SMALL WIND ENERGY CONVERSION SYSTEM ( SWECS): A wind energy conversion system which has a nameplate rated capacity of up to ten (10) kilowatts for residential uses and up to one hundred (100) kilowatts for non - residential uses and which is accessory to a principal use on the same property. A system is considered a SWECS only if it supplies electrical power solely for the use or uses on the subject property, except that when a property on which the system is installed also receives electrical power supplied by a utility company, Ordinance No. Page 2 excess electrical power generated and not presently needed for on -site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended. SMALL WIND ENERGY CONVERSION SYSTEM, BUILDING MOUNTED: A SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fastened�to the principal building. SMALL WIND EN GY CONVERSION SYSTEM, FREE ST NDING: A SWECS which is elevated by mea s of a monopole tower only and is not to ated on another supporting structure except t t the tower shall have an appropriate) constructed concrete base. Guyed, lattice, or of er non - monopole style towers shall of meet this definition. SMALL WIND ENERGY ONVERSION SYSTEM, HORIZ NTAL AXIS: A small wind energy conversion system that as blades which rotate throu a horizontal plane, as shown in the illustration below. SMALL WIND ENERGY CON RSION SYSTEM, conversion system that has b des which rotate illustration below. Homontw, Axis vorbCV4 wno'fr TU ,TICAL AXIS: A small wind energy ugh a vertical plane, as shown in the TOTAL EXTENDED HEIGHT: Th height above grade to a lade tip at its highest point of extension. TOWER: The vertical compon nt of a wind energy conversion stem that elevates the wind turbine generator and att ched blades above the ground. WIND ENERGY CONVER ION SYSTEM (WECS): An aggregatio of parts including the foundation, base, tow r, generator, rotor, blades, supports, guy 'r es and accessory equipment such as. ility interconnect and battery banks, etc., ins ch configuration as necessary to convep the power of wind into mechanical or electrica energy, e.g., wind charger, windmill wind turbine. WIND TURBINE G ERATOR: The component of a wind energy conver 'on system that transforms me apical energy from the wind into electrical energy. B. Amend Title 14, Section 4C -2, Specific Approval Criteria, by adding a new subsection Y, as follows: Ordinance No. Page 3 Y. Small Wind Energy Conversion Systems Small Wind Energy Conversion Systems (SWECS) are allowed as accessory uses in certain zones subject to the applicable approval process, standards and restrictions as set forth in this subsection. 1. Permit Required: a. It shall be unlawful to construct, erect, install, alter or locate a SWECS within the City of Iowa City, unless the owner /operator has obtained a building permit from the City of Iowa City. b. The owner /operator of the SWECS shall obta� all applicable permits required by federal and state law prior to con ructing the system. 2. \Applicability and Approval Process Building- mounted SWECS are allowed in th CI -1, CC -2, CH -1, CB -5, CB- 10, 1 -1, 1 -2, RDP, ORP, P1, P2, and ID Zon s, in accordance with the tandards and restrictions set fort h in this ubsection. b. Fr estanding SWECS that do not excee a total extended height of 45 feet are Ilowed in the 1 -1, 1 -2, RDP, ORR P , P2, ID -I, and ID -RP Zones, in acco ance with the applicable standar s and restrictions set forth in this subsec 'on. A special exception is req fired, however, for any freestanding SWECS roposed within 300 feet of residential zone boundary. c. A special a ception is required for a y freestanding SWECS that exceed a total extend height of 45 feet in t e 1 -1, 1 -2, RDP, ORP, P1, P2, ID -I, and ID -RP Zones. 3. Feasibility Study commended a. It is highly recomm nded that a easibility study be made of any site prior to installing a wind turb' e. The f sibility study should include measuring actual wind speeds at he pro osed turbine site for at least 3 months. The applicant for a SWECS uild' g permit shall indicate whether a feasibility study has been conduct nd the results of any such study. b. The grant of a special exc tion or issuance of a building permit for a SWECS does not consti to he granting of an easement by the City of Iowa City. The SWECS wne operator shall have the sole responsibility to acquire any covenant , easem ts, or similar rights to assure or protect access to sufficient w d as may of be necessary to operate the SWECS. 4. Size and Number Of %stems Per a. If allowed in the s ject zone, no mo than one (1) freestanding SWECS that is taller than he tallest existing pri cipal building on the property may be permitted. If Ilowed in the subject z e, additional freestanding SWECS that c nform to setback require ents and other standards contained her in and that are no taller tha the tallest existing principal building loca ed on said property may be pe fitted. Additional building mounted S ECS may be allowed within the rameters of this subsection. b. Any one ECS proposed for the subject prop rty may not exceed a name la rated capacity greater than 100 kilow ts. However, in no case shall th generating capacity of aggregated SWE on a property exceed anticip ted energy needs for on -site consumption. 5. Lot Size/Standards a. The minimum lot size for a freestanding SWECS shall be one (1) acre. Ordinance No. Page 4 b. The minimum lot size for a building- mounted SWECS shall be one (1) acre if mounted on a building five (5) stories or less in height. c. There shall be no minimum lot size for building- mounted SWECS if mounted on a building six (6) or more stories in height. 6. Setbacks a. The minimum distance between any freestanding SWECS and any property line or any existing, proposed, pla ned, or anticipated public treet right -of -way or public trail shall be a istance that is equivalent to o e hundred fifteen percent (115 %) of the otal extended height. If the cZ't'if icateof insurance for the SWECS re uires a greater setback than the s ck required herein, the setback sha be increased to meet the insur ce requirement. The setback sh I be measured from the point of the S CS closest to the property line or existing, proposed, planned, or anticipat d public street right -of -way o public trail, including the blade at its greate horizontal extension. b. The require setback for any buildin - mounted SWECS shall be equal to the required tback of the principa building to which the SWECS is to be attached. 7. Additional Siting St dards a. No portion of a ve I al axis SW CS blade shall extend within 12 feet of the ground. b. No portion of a horizon al axis WECS blade shall extend within 30 feet of the ground. c. The blades of any freesta di g SWECS may not extend within 20 feet of a parking area, driveway, tre structure, outdoor use area, pedestrian walkway, or above - ground ' ity structure or facility. d. No part of a SWECS shall el cated within or over drainage, utility or other established easem ts. e. No SWECS shall be co tructed that any part thereof can extend within 20 feet laterally of an o _!head ele rical power line (excluding secondary electrical service lines r service dro s). The setback from underground electric distribution lin s shall be at le t five (5) feet. f. A SWECS shall be I cated in complian with the guidelines of applicable Federal Aviation A inistration (FAA) re ulations as amended. g. It is the responsib' ity of the owner /operato of the SWECS to ensure that any additional se ack requirements dictate by the associated insurance certificate are m t. 8. Height Standards Small Wind Energ Conversion Systems are exempt m the maximum height standards of the ase zone, however the following heig t restrictions apply: a. For freesta ding SWECS, the Total Extended Heigh of SWECS shall not exceed th following:: (1) For ots of one (1) but fewer than three (3) acres: 6 feet maximum. (2) F r lots of three (3) to seven (7) acres: 80 feet maxim m (3) or lots more than seven (7) acres, but less than fifteen (15) acres: 100 feet maximum (4) For lots more than 15 acres: 150 feet maximum Ordinance No. Page 5 b. For building- mounted SWECS, the hub height shall not be more than 10 feet higher than the point of attachment to the building on which it is attached. 9. Design Standards a. Only monopole towers shall be permitted for freestanding SWECS. Lattice or guyed to�ers of any other type are prohibited. b. Freestanding WECS shall be a neutral color s ch as white, sky blue or light gray. Buil ing mounted SWECS shall matc or be complementary in color to the buil ing to which it is attached. Othe colors may be allowed at the discretion of a Board of Adjustment. The s rface shall be non - reflective. c. No lights shall be in talled on the tower, unles required to meet FAA regulations. d. No signage or advertis g of any kind shall permitted on the tower or any associated structur e. The tower must be desig d to prevent cli bing within the first twelve feet (12') of height above grade 10. Coordination with local utility ompany a. Utility Notification: The City of wa Cit shall notify the applicable utility company of receipt of an applic tion t install an interconnected customer - owned generator. Off -grid syste s s all be exempt from this notification requirement. b. Interconnection: The SWECS, if for interconnection and operation Utilities Board. No permit of any City has been provided with a c agreement. Off -grid systems s a c. Restriction On Use Of Elec exclusively to supply electri except that excess electricE presently needed for use in accordance with Secti Administrative Code, as 11. Performance Standards n off -grid, shall meet the requirements n s \ex orth by the utility and the Iowa ind l be issued until the City of Iowa py oexecuted interconnection II be mpt from th is requirement. ri ity Generat : A SWECS shall be used I power to th owner for on -site consumption, power gene rat d by the SWECS and not the owner may b used by the utility company 199, Chapter 15.1(5) of the Iowa y be subsequently ended. An applicant for a specia exception shall provide e) Adjustment that the follofiving standards will be met: a. Noise: A SWECS Oall be designed, installed and of noise generated ribes not exceed 50 decibels (dBA) the nearest poin on property line to the SWECS. b. Shadow FlickeV No SWECS shall be installed and c shadow flicker to fall on or in any existing residential to the Board of ed so that the n measured from so to cause a c. Safety Contr Is: Each SWECS shall be equipped with both utomatic and manual bra ing, governing, or feathering system to prevent controlled rotation, o r- speeding, and excessive pressure on the tow@ structure, rotor blad s, or turbine components. Said automatic braking system shall also be 96pable of stopping turbine rotation in the event of a power outage so as t prevent back feeding of the grid. Ordinance No. Page 6 d. Structural Integrity: Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure. e. Maintenance: Facilities shall be well maintained in accordance with manufactur is specifications and shall remain in an operational condition that poses o potential safety hazard nor is in violation of any provisions contained wi in this Article or elsewhere within the Citlof Iowa City code. f. Shut Off: A cAarly marked and easily accessible shut Aff for the wind turbine will be quired as determined by the Buildin Official. g. Electromagnetic nterference: All SWECS shall be signed and constructed to no cause radio and television interf rence. If it is determined that th SWECS is causing electrom netic interference, the owner /operator sha take the necessary correcti a action to eliminate this interference includin relocation or removal of t e facilities, subject to the approval of the Buildin Official. A special ex( ption or permit granting a SWECS may be revoke if electromagnetic i erference from the SWECS becomes evident. h. Compliance with National ectric Code: B ilding permit applications for small wind energy systems all be acco panied by a line drawing of the electrical components, as su lied by th manufacturer, in sufficient detail to allow for a determination tha the de gn and manner of installation conforms to the state National ctri Code. Insurance: A person seeking a bu d' g permit to erect a small wind energy system shall provide evidence, in t form of a certificate of insurance satisfactory to the City of Iowa Cit , owing general liability insurance coverage for the installation and per tion of the system under a standard business owner's insurance po cy, se rate and distinct from any insurance requirements of a p blic utilit j. Engineer Certification: Appli ations for anX SWECS shall be accompanied by standard drawings of th wind turbines ucture, including the tower, base, and footing/ding ineering analysis f all components of the SWECS showing ce with the applic le regulations and certified by an Iowa licenssional engineer sha also be submitted. k. Installation: Instast be done according o manufacturer's specifications. Ald electrical work must a completed according to the applicable nd electric codes. All el ctrical components must meet code recog standards. Removal: If the MECS remains nonfunctional or in erative for a continuous per d of six (6) months, the system shall deemed to be abandoned. T e SWECS owner and /or the owner of th property shall remove the andoned system at their expense. To co ly with this requiremen , the entire structure, transmission equipmen and any surroundin fencing must be removed from the property, a cluding foundatio s. Non - function or lack of operation may be prov n by reports from the ' terconnected utility. For off -grid systems the City f Iowa City shall ha a the right to enter the property at its sole discretion to determine if the off- rid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner /operator and any successors shall ake available to the Director of Housing and Inspection Services or designee any and all reports or documents needed to determine Ordinance No. Page 7 functionality, if requested. If removal of towers and appurtenant facilities is de r:ire d, the Director of Housing and Inspection Services Department or !9 �nee shall notify in writing the SWECS owner and /or the owner of the prop rty on which the SWECS is located. Removal shall be completed within ix (6) months of the date of said writtgb notice. SECTION Il. REPEALER. II ordinances and parts of c Ordinance are hereby repealed. SECTION III. SEVERABILI . If any section, provision be invalid or unconstitutional, such judication shall not affE any section, provision or part the n t adjudged invalid or SECTION IV. EFFECTIVE DATE. This Ordinances o and publication, as provided by law. Passed and approved this day MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 8, 13v/12 in conflict with the provisions of this 'part of the Ordinance shall be adjudged to the validity of the Ordinance as a whole or I be in effect after its final passage, approval 2012. City of Iowa City MEMORANDUM Date: August 2, 2012 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Kris Ackerson, Assistant Transportation Planner RE: Zoning Code Amendment to enable wind generation in Iowa City Currently, Wind Energy Conversion Systems or, as more commonly referred to, wind turbines, are not an allowed principal or accessory use in Iowa City. While wind turbines are becoming common in some parts of Iowa, Iowa City is not in an area that generally experiences the types of wind patterns that make wind energy systems a consistently reliable source of energy. That being said, the City has received a few inquiries from local businesses that are exploring options for green energy systems, such as wind turbines, and there may be locations within the city that are suitable for Small Wind Energy Conversion Systems, or SWECS. SWECS are distinguished from larger utility -scale wind turbines by their limited size and generating capacity and by the fact that they must be accessory to the principal use or uses on a property. In other words, they may not generate more electricity than what can be used on -site and may not generate power for other buildings or uses located off - site. The intent of this ordinance amendment is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. This memorandum details proposed regulations to allow Small Wind Energy Conversion Systems (SWECS) while ensuring they are appropriately designed, located, and installed. Other jurisdictions in Iowa, including Johnson County and West Des Moines, have adopted similar code provisions to facilitate installations of SWECS. In drafting the proposed zoning amendments, staff have referred to adopted ordinances in other Iowa communities, the Des Moines Metro Advisory Council 2009 Model Ordinance for SWECS, the American Planning Association, publications by the American Wind Energy Association, and materials distributed by the Iowa Renewable Energy Association. Copies of several powerpoint slides from a presentation by the Des Moines Metro Advisory Council are attached to give you an idea of the types and scale of SWECS compared to the utility -scale wind turbines you may have seen in rural areas. Staff recommends amending Title 14, Chapter 9, Definitions, to include a new article detailing technical terminology related to SWECS. In addition, staff recommends amending Article 14- 4C, Accessory Uses, to establish appropriate approval processes and standards for SWECS based on the size, capacity, type, and potential for externalities of the SWECS proposed. Proposed zoning code language is attached. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Page 2 Amend Title 14, Chapter 9, Definitions, by adding a new Article G, as follows: Article G. Small Wind Energy Conversion Systems (SWECS) Definitions As used in Subsection 14- 4C -2Y, Small Wind Energy Conversion Systems, the following definitions shall apply. The General Definitions contained in Article A of this Chapter shall apply to all terms used in said subsection that are not defined below. HUB HEIGHT: The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached. OFF GRID: An electrical system that is not connected to utility distribution and transmission facilities or to any building or structure that is connected. PRIVATE WIND GENERATOR: An electricity generating apparatus, whose primary purpose is to produce electricity for use on site, consisting of one Wind Turbine per parcel, with a generating capacity no larger than ten (10) kW. SHADOW FLICKER: Changing light intensity caused by sunlight passing through the moving blades of a wind energy conversion system. SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind energy conversion system which has a nameplate rated capacity of up to ten (10) kilowatts for residential uses and up to one hundred (100) kilowatts for non - residential uses and which is accessory to a principal use on the same property. A system is considered a SWECS only if it supplies electrical power solely for the use or uses on the subject property, except that when a property on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on -site use may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa administrative code, as amended. SMALL WIND ENERGY CONVERSION SYSTEM, BUILDING MOUNTED: A SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fastened to the principal building. SMALL WIND ENERGY CONVERSION SYSTEM, FREE STANDING: A SWECS which is elevated by means of a monopole tower only and is not located on another supporting structure except that the tower shall have an appropriately constructed concrete base. Guyed, lattice, or other non - monopole style towers shall not meet this definition. SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS: A small wind energy conversion system that has blades which rotate through a horizontal plane, as shown in the illustration below. SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS: A small wind energy conversion system that has blades which rotate through a vertical plane, as shown in the illustration below. Page 3 TOTAL EXTENDED HEIGHT: The height above grade to a blade tip at its highest point of extension. TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground. WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the foundation, base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine. WIND TURBINE GENERATOR: The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy. Page 4 Amend 14 -4C -2, Specific Approval Criteria, by adding a new subsection Y, as follows: Y. Small Wind Energy Conversion Systems Small Wind Energy Conversion Systems (SWECS) are allowed as accessory uses in certain zones subject to the applicable approval process and the standards and restrictions as set forth in this subsection. 1. Permit Required: a. It shall be unlawful to construct, erect, install, alter or locate any SWECS within the City of Iowa City, unless the owner /operator has obtained a building permit from the City of Iowa City. b. The owner /operator of the SWECS shall obtain all applicable permits required by federal and state agencies /departments prior to constructing the system. 2. Applicability and Approval Process a. Building mounted SWECS are allowed in the CI -1, CC -2, CH -1, CB -5, CB- 10, 1 -1, 1 -2, RDP, ORP, P1, P2, and ID Zones, provided they meet the applicable standards and restrictions set forth in this subsection. b. Freestanding SWECS that do not exceed a total extended height of 45 feet are allowed in the 1 -1, 1 -2, RDP, ORR P1, P2, ID -I, and ID -RP Zones, provided they meet the applicable standards and restrictions set forth in this subsection. However, a special exception is required for any freestanding SWECS proposed within 300 feet of a residential zone boundary. c. Freestanding SWECS that exceed a total extended height of 45 feet are only allowed in the 1 -1, 1 -2, RDP, ORP, P1, P2, ID -1, and ID -RP Zones by special exception, subject to the standards and restrictions as set forth in this subsection and any other condition or restriction deemed appropriate by the Board of Adjustment. 3. Feasibility Study Recommended a. It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least 3 months. The applicant shall indicate whether or not a feasibility study has been conducted and the results of any such study. b. The grant of a special exception or issuance of a building permit for a SWECS does not constitute the granting of an easement by the City of Iowa City. The SWECS owner /operator shall have the sole responsibility to acquire any covenants, easements, or similar documentation to assure and /or protect access to sufficient wind as may or may not be necessary to operate the SWECS. 4. Size and Number Of Systems Per Lot a. If allowed in the subject zone, no more than one (1) freestanding SWECS that is taller than the tallest existing principal building on the property may be permitted. If allowed in the subject zone, additional freestanding SWECS that conform to setback requirements and other standards Page 5 contained herein and that are no taller than the tallest existing principal building located on said property may be permitted. Additional building mounted SWECS may be allowed within the parameters of this subsection. b. Any one SWECS proposed for the subject property may not exceed a nameplate rated capacity greater than 100 kilowatts. However, in no case shall the generating capacity of aggregated SWECS on a property exceed anticipated energy needs for on -site consumption. 5. Lot Size Standards a. The minimum lot size for a freestanding SWECS shall be one (1) acre. b. The minimum lot size for a building mounted SWECS shall be one (1) acre, if mounted on a building five (5) stories or less in height. c. There shall be no minimum lot size for building mounted SWECS, if mounted on a building six (6) or more stories in height. 6. Setbacks a. The minimum distance between any freestanding SWECS and any property line or any existing, proposed, planned, or anticipated public street right -of -way or public trail shall be a distance that is equivalent to one hundred fifteen percent (115 %) of the total extended height. If the certificate of insurance for the SWECS indicates a greater setback than what is stated herein, the setback shall be increased to meet the insurance requirement. The setback shall be measured from the point of the SWECS closest to the property line or right -of -way, including the blade at its greatest horizontal extension. b. The required setback for any building mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached. 7. Additional Siting Standards a. No portion of a vertical axis Small Wind Energy Conversion System (SWECS) blade shall extend within 12 feet of the ground. b. No portion of a horizontal axis SWECS blade shall extend within 30 feet of the ground. c. The blades of any freestanding SWECS may not extend within 20 feet of a parking area, driveway, tree, structure, outdoor use area, pedestrian walkway, or above - ground utility structure or facility. d. No part of a SWECS shall be located within or over drainage, utility or other established easements. e. No SWECS shall be constructed so that any part thereof can extend within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five (5) feet. f. A SWECS shall be located in compliance with the guidelines of applicable Federal Aviation Administration (FAA) regulations as amended. Page 6 g. It is the responsibility of the owner /operator of the SWECS to ensure that any additional setback requirements dictated by the associated insurance certificate are met. 8. Height Standards Small Wind Energy Conversion Systems are exempt from the maximum height standards of the base zone but the Total Extended Height of SWECS shall not exceed the following: a. For freestanding SWECS, the following height limits apply: (1) For lots of one (1) but fewer than three (3) acres: 65 feet maximum. (2) For lots of three (3) to seven (7) acres: 80 feet maximum (3) For lots more than seven (7) acres, but less than fifteen (15) acres: 100 feet maximum (4) For lots more than 15 acres: 150 feet maximum b. The hub height of a building- mounted SWECS shall not be more than 10 feet higher than the point of attachment to the building on which it is attached. 9. Design Standards a. Only monopole towers shall be permitted for freestanding SWECS. Lattice or guyed towers of any other type are prohibited. b. Freestanding SWECS shall be a neutral color such as white, sky blue or light gray. Building mounted SWECS shall match or be complementary in color to the building to which it is attached. Other colors may be allowed at the discretion of the Board of Adjustment. The surface shall be non - reflective. c. No lights shall be installed on the tower, unless required to meet FAA regulations. d. No signage or advertising of any kind shall be permitted on the tower or any associated structures. e. The tower must be designed to prevent climbing within the first twelve feet (12') of height above grade. 10. Coordination with local utility company a. Utility Notification: The City of Iowa City shall notify the applicable utility company of receipt of an application to install an interconnected customer - owned generator. Off -grid systems shall be exempt from this notification requirement. b. Interconnection: The SWECS, if not off -grid, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board. No permit of any kind shall be issued until the City of Iowa City has been provided with a copy of an executed interconnection agreement. Off -grid systems shall be exempt from this requirement. c. Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to supply electrical power to the owner for on -site consumption, Page 7 except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as may be subsequently amended. 11. Performance Standards The applicant shall provide evidence to the Board of Adjustment that the following standards will be met: a. Noise: A SWECS shall be designed, installed and operated so that the noise generated does not exceed 50 decibels (dBA) when measured from the nearest point on property line to the SWECS. b. Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure. c. Safety Controls: Each SWECS shall be equipped with both automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, over - speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid. d. Structural Integrity: Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure. e. Maintenance: Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this Article or elsewhere within the City of Iowa City code. f. Shut Off: A clearly marked and easily accessible shut off for the wind turbine will be required as determined by the Building Official. g. Electromagnetic Interference: All SWECS shall be designed and constructed to not cause radio and television interference. If it is determined that the SWECS is causing electromagnetic interference, the owner /operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the Building Official. A permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident. h. Compliance with National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and manner of installation conforms to the state National Electric Code. i. Insurance: A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City of Iowa City, showing general liability insurance coverage for the installation and operation of the system under a standard Page 8 business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. j. Engineer Certification: Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer shall also be submitted. k. Installation: Installation must be done according to manufacturer's specifications. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards. I. Removal: If the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned. The SWECS owner and /or the owner of the property shall remove the abandoned system at their expense. To comply with this requirement, the entire structure, transmission equipment and any surrounding fencing must be removed from the property, excluding foundations. Non - function or lack of operation may be proven by reports from the interconnected utility. For off -grid systems the City of Iowa City shall have the right to enter the property at its sole discretion to determine if the off -grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner /operator and any successors shall make available to the Director of Housing and Inspection Services or designee any and all reports or documents needed to determine functionality, if requested. If removal of towers and appurtenant facilities is required, the Director of Housing and Inspection Services Department or designee shall notify in writing the SWECS owner and /or the owner of the property on which the SWECS is located. Removal shall be completed within six (6) months of the date of said written notice. �X Q co 4-a O N L- 0 2 m r c'd I % R 3 Z; 4 0 0 0 0 5 � \ 2 i � Z k 0 U) / g E 5 � k � E 2 w o '7 / ? % \ / a 0 ® 2 § ° I •- Q 7 $ 'a E % / § 0 7 » e co o 0 0 2 - ƒ / L- �� : } (n 0) =ac o % E �_� 00-0 R $ ± � 2 \ CDq\)2 2 g % $ % ƒ o ff a) : _0 qJk: k $ CL � k % R 3 Z; 4 0 0 0 0 � \ 2 i t' ='a ii Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 5224,319- 356 -5240 , ORDINANCE NO. } AN ORDINANCE AMEN' NG TITLE 14, ZONING CODE, EFINING SMALL WIND ENERGY CONVERSION SYSTEM AND ESTABLISHING RE ULATIONS TO ALLOW THESE SYSTEMS AS ACCESSORY SES IN CERTAIN ZONES B SPECIAL EXCEPTION. WHEREAS, Wind Energy C version Systems or, turbines, are not an allowed principa or accessory use in WHEREAS, Small Wind Energy onversion Syster scale wind turbines by their limited size, generating cape the principal use or uses on a property a \bala such setting; and WHEREAS, this ordinance intends to e the and pr otecting the public health, safety anre of WHEREAS, regulations in this amendment while ensuring they are appropriately designed, loc WHEREAS, adopted ordinances in other Iowa Council 2009 Model Ordinance for Small Wind En materials from the American Planning Associatio the Iowa Renewable Energy Association were cl code amendments; and WHEREAS, the Planning and Zoning Commi ioi approval. s more commonly referred to, wind a City; and s are distinguished from larger utility - ;ity and that they must be accessory to more appropriately scaled for an urban Oed for clean, renewable energy resources he community; and Small Wind Energy Conversion Systems and installed; and nmunities, the Des Moines Metro Advisory onversion Systems, and publications and the mencan Wind Energy Association, and d as Xeference for formulating these zoning has NOW, THEREFORE, BE IT ORDAINED Y THE CITY COls CITY, IOWA: SECTION I. The Code of Ordinances the City of Iowa C follows: this ordinance and recommended NCIL OF THE CITY OF IOWA Iowa is hereby amended as A. Amend Title 14, Chapter 9, Definitighs, by adding a new Article G, \as follows: Article G. Small Wind Energy Con rsion Systems (SWECS) De %nitions As used in Subsection 14- 4C -2Y, Sma Wind Energy Conversion Systeme following definitions shall apply. The General D finitions contained in Article A of thapter shall apply to all terms used in said subsection t at are not defined below. HUB HEIGHT: The distance meas ed from the surface of the tower foundation o the height of the wind turbine hub, to which a blade is attached. OFF GRID: An electrical system hat is not connected to utility distribution and transmission facilities or to any building structure that is connected. PRIVATE WIND GENERATOR: An electricity generating apparatus, whose primary purpose is to produce electricity for use on site, consisting of one Wind Turbine per parcel, with a generating capacity no larger than ten (10) kW. SHADOW FLICKER: Changing light intensity caused by sunlight passing through the moving blades of a wind energy conversion system. I�V Ordinance No. Page 2 SMALL WIND ENERGY CONVERSION SYSTEM ( SWECS): A wind energy conversion system which has a nameplate rated capacity of up to ten (10) kilowatts for residential uses and up to one hundred (100) kilowatts for non - residential uses and which is accessory to a principal use on the same property. A system is considered a SWECS only if it supplies electrical power solely for the use or uses on the subject property, except that when a property on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on -site use may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa administrative code, as amen ed. SMALL WIND ENERGY CONVER ION SYSTEM, BUILDING MO NTED: A SWECS which is securely fastened to any portion f a principal building in order o achieve desired elevation, whether attached directly to the pr cipal building or attached a tower structure which is in turn fastened to the principal buildi SMALL WIND ENERGY CONVERSION $YSTEM, FREE STA ING: A SWECS which is elevated by means of a monopole towe only and is not IC ted on another supporting structure except that the tower shall hav an appropriately constructed concrete base. Guyed, lattice, or other non - monopole sty towers shall t meet this definition. SMALL WIND ENERGY CONVERSION SYST , HORIZONTAL AXIS: A small wind energy conversion system that has blades which rota throu a horizontal plane, as shown in the illustration below. SMALL WIND ENERGY CONVERSION SYSTEM, V TICAL AXIS: A small wind energy conversion system that has blades which rotate th ugh a vertical plane, as shown in the illustration below. TOTAL EXTENDED HEIGHT extension. TOWER: The vertical con turbine generator and ight above grade to a blade tip at its 1 ighest point of of a wind energy conversion system that eleates the wind 9 blades above the ground. WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the foundation, base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine. Ordinance No. Page 3 WIND TURBINE GENERATOR: The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy. B. Amend Title 14, Section 4C -2, Specific Approval Criteria, by adding a new subsection Y, as follows: Y. Small Wind Energy Conversion Systems Small Wind Energy Conversion Systems in certain zones subject to the applicable rest` 4r,mit tons as set forth in this subsection. 1. Required: a. It shall be unlawful to construct, SWECS within the City of Iowa Cif btained a building permit from the b. The owner /operator of the S req fired by federal and state a r the s stem. 2. Applicability and Approval S) are allowed as accessory uses iI process and the standards and ect, install, alter or locate unless the owner /operatorras ` City of Iowa City. 4„ r. ;S shall obtain all applicabi pkrmtt ` ies /departments prior to c®°n�tr!Ucting > a. Buildin mounted SWE S are allowed in the CI -1, CC -2, CH -1, CB -5, CB -10, I -1, 2, RDP, ORP P1, P2, and ID Zones, provided they meet the applicable st dards an estrictions set forth in this subsection. b. Freestandin SWE S that do not exceed a total extended height of 45 feet are allowed i th 1 -1, 1 -2, RDP, ORP, P1, P2, ID -1, and ID -RP Zones, provided they mee a applicable standards and restrictions set forth in this subsection. H ver, a special exception is required for any freestanding SW CS roposed within 300 feet of a residential zone boundary. c. Freestan g SWECS hat exceed a total extended height of 45 feet are only alto d' ed in the 1 -1, K,2, RDP, ORP, P1, P2, ID -1, and ID -RP Zones by special ception, subject o the standards and restrictions as set forth in this sub ection and any oth condition or restriction deemed appropriate by the B rd of Adjustment. 3. Feasibility tudy Recommended a. It A highly recommended that a Vasibility study be made of any site prior o installing a wind turbine. The asibility study should include /b.The surfing actual wind speeds at the p oposed turbine site for at least 3 ths. The applicant shall indicate wh her or not a feasibility study has n conducted and the results of any su study. grant of a special exception or issu ce of a building permit for a ECS does not constitute the granting of a easement by the City of a City. The SWECS owner /operator shall have the sole responsibility to uire any covenants, easements, or similar documentation to assure and /or protect access to sufficient wind as may or may not be necessary to operate the SWECS. 4. Size and Number Of Systems Per Lot a. If allowed in the subject zone, no more than one (1) freestanding SWECS that is taller than the tallest existing principal building on the Ordinance No. Page 4 property may be permitted. If allowed in the subject zone, additional freestanding SWECS that conform to setback requirements and other standards contained herein and that are no taller than the tallest existing principal building located on said property may be permitted. Additional building mounted SWECS may be allowed within the parameters of this subsection. b. Any one SWECS proposed for the subj nameplate rated capacity greater than 100 sh II the generating capacity of aggregated anti ipated energy needs for on -site consul 5. Lot Size�Standards a. Th \sh lot size for a freestar b. Th lot size for a building acre, on a building five (5) C. The no minimum lot size mounuilding six (6) or mor� 6. Setbacks ect property may not exceed a �icilowatts. However, in no case on a property exceed i� SWECS shall be one (1) acre. unted SWECS shall be one (1) ies or less in height. for building mounted SWECS, if stories in height. a. The minimum d tance be twee any freestanding SWECS and any property line or any fisting, pro osed, planned, or anticipated public street right -of -way or Nblic trai shall be a distance that is equivalent to one hundred fifteen per ent (1 5 %) of the total extended height. If the certificate of insurance fo th SWECS indicates a greater setback than what is stated herein, the ack shall be increased to meet the insurance requirement. Th etback shall be measured from the point of the SWECS closest to th pr erty line or right -of -way, including the blade at its greatest horizontal xten 'on. b. The required setbac for any ilding mounted SWECS shall be equal to the required setbac of the prin ' al building to which the SWECS is to be attached. 7. Additional Siting Stan a. No portion of a rtical axis Small Wi d Energy Conversion System (SWECS) blade s all extend within 12 fe t of the ground. b. No portion of horizontal axis SWECS ade shall extend within 30 feet of the ground. C. The blades f any freestanding SWECS m not extend within 20 feet of a parking ea, driveway, tree, structure, out oor use area, pedestrian walkway, or bove - ground utility structure or faci My. d. No part f a SWECS shall be located within or ver drainage, util� or other est lished easements. e. No ECS shall be constructed so that any part ereotcan extend within 0 feet laterally of an overhead electrical powe line iWt diiV sec o dary electrical service lines or service drops). Th sefhak from un rground electric distribution lines shall be at least five'( }feet: f. A SWECS shall be located in compliance with the guidelines of, , pplicable Federal Aviation Administration (FAA) regulations as amended. Ordinance No. Page 5 g. It is the responsibility of the owner /operator of the SWECS to ensure that any additional setback requirements dictated by the associated insurance certificate are met. 8. Height Standards Small Wind Energy Conversion Systems are exempt from the maximum height standards of the base zone but the Total Extended Height of SWECS shall not exceed the following: a. For freestanding SWECS, the following height limits apply: (1)For lots of one (1) but fewer than three (3) acre4: 65 feet maximum. (2)1�or lots of three (3) to seven (7) acres: 80 feet taximum lots more than seven (7) acres, but less thin fifteen (15) acres: 100 at maximum / (4)For is more than 15 acres: 150 feet maxim m b. The hu height of a building- mounted SW S shall not be more than 10 feet high r than the point of attachment t he building on which it is attached. 9. Design Standards a. Only monopole wers shall be p Lattice or guyed towe of any other b. Freestanding SWE shall be a or light gray. Building mo ted SWE in color to the building to w 'ch it is at the discretion of the Boar f A u reflective. C. No lights shall be installed regulations. d. No signage or advertisin of a any associated structures. e. The tower must be de gned to feet (12') of height above /grade. ted for freestanding SWECS. are prohibited. nfiutral color such as white, sky blue S shall match or be complementary tached. Other colors may be allowed Ament. The surface shaU be nqa tower, unless required'fa;&I'Oeti�AA LL- ind shall be permitted orl the tower or'--', -e nt climbing within the first tvVolve 10. Coordination with local uyfility company a. Utility Notification he City of Iowa City s all notify the applicable utility company of receipt f an application to install interconnected customer - owned generator. ff -grid systems shall be axe pt from this notification requirement. b. Interconne ion: The SWECS, if not off -grid, s II meet the requirements or interconnection and operation as s t forth by the utility and the low Utilities Board. No permit of any kind s II be issued until the City of to City has been provided with a copy of an executed intercon action agreement. Off -grid systems shall be exempt from this requwrem C. Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to supply electrical power to the owner for on -site consumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company Ordinance No. Page 6 in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as may be subsequently amended. 11. Performance Standards The applicant shall provide evidence to the Board of Adjustment that the following standards will be met: a. Noise: A SWECS shall be designed, installed and operated so that the noise generated does not exceed 50 decibels ( BA) when measured from the nearest point on property line to the SWEC . b. Shadow Flicker: No SWECS shall be insi caus' a shadow flicker to fall on or in any exi C. Sa ety Controls: Each SWECS shall be and ma ual braking, governing, or featherin uncontro ed rotation, over - speeding, and ex structure, for blades, or turbine component system sha also be capable of stopping tur power outag so as to prevent back feedin and operated so to residential structure. eq pped with both automatic g stem to prevent c ssive pressure on the tower . Said automatic braking ine rotation in the event of a of the grid. d. Structural tlehgadstyobluilding : mounted WECS shall be prohibited unless the ow tained a written nalysis from an Iowa licensed structural engine determining that ins Ilation of a SWECS will not cause damage to the stru ture and that the ECS can be securely fastened so as to not pose a ha rd caused by d aching from the structure. e. Maintenance: Fad 'ties shall be ell maintained in accordance with manufacturer's specific tions and hall remain in an operational condition that poses no potential s fety ha rd nor is in violation of any provisions contained within this Articl or el ewhere within the City of Iowa City code. f. Shut Off: A clearly mark�dhnd easily accessible shut off for the wind turbine will be required as de rmined by the Building Official. g. Electromagnetic Interfer n : All SWECS shall be designed and constructed to not cause r io a d television interference. If it ice; determined that the SWE S is ca sing electromagnetic interfere, tte Ta owner /operator shall tak the nece sary corrective action to eliminate 66 interference including re cation or r moval of the facilities, submit to tl46 approval of the Buildin Official. A pe it granting a SWECS may.els revoked if electromag etic interferenc from the SWECS becomes evident. -tea h. Compliance with ational Electric C e: Building permit appNcations�or small wind energy stems shall be acco panied by a line drawing of the electrical compon ts, as supplied by the anufacturer, in sufficient detail to allow for a det rmination that the design nd manner of installation conforms to th state National Electric Code. Insuranc . A person seeking a building pe it to erect a small wind energy sys m shall provide evidence, in the for of a certificate of insuranc atisfactory to the City of Iowa City, sh ing general liability insuran a coverage for the installation and operati of the system under a stan rd business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. Engineer Certification: Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and ` Ordinance No. Page 7 certified by an Iowa licensed professional engineer shall also be submitted. k. Installation: Installation must be done according to manufacturer's specifications. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards. I. Removal: If the SWECS remains nonfuncti al or inoperative for a c ntinuous period of six (6) months, the syste shall be deemed to be ab ndoned. The SWECS owner and /or the o ner of the property shall rem ve the abandoned system at their expe se. To comply with this requi ment, the entire structure, transmiss' n equipment and any surrou ing fencing must be removed fro the property, excluding foundatio s. Non - function or lack of oper ion may be proven by reports from the in rconnected utility. For off -gr' systems the City of Iowa City shall have th right to enter the propert at its sole discretion to determine if the off -grid sys m is generating powe . Such generation may be proven by use of an amp m ter. The SWECS o ner /operator and any successors shall make availab to the Director Housing and Inspection Services or designee any and all eport functionality, if request . I required, the Director of o designee shall notify in wri property on which the SWE within six (6) months of the SECTION II. REPEALER. All ordinances a Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any sectioi invalid or unconstitutional, such adjudication sh section, provision or part thereof not adjudged i SECTION IV. EFFECTIVE DATE. This dl publication, as provided by law. Passed and approved this day of s or doc ments needed to determine If remov I of towers and appurtenant facilities is using nd Inspection Services Department or g t SWECS owner and /or the owner of the located. Removal shall be completed da of said written notice. rts df ordinances in conflict with the provisions of this f, provision o art of the Ordinance shall be adjudged to be I not affect th validity of the Ordinance as a whole or any ma or unconstitukionai. nance shall be in ffect after its final passage, approval and 12. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 09-04-12 4c Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ- 00013) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST AND WEST OF SHIRKEN DRIVE AT 521 AND 531 HIGHWAY 1 WEST FROM INTENSIVE COMMERICAL (Cl- 1) TO COMMUNITY COMMERCIAL (CC -2). (REZ12 -00013) WHEREAS, the City of Iowa City, has initiated a rezoning of property located at south of Highway 1 West and West of Shirken Drive at 521 and 531 Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the South Central District Plan future land -use map shows the area along the south side of Highway 1, from Riverside Drive to the west edge of the lot at 809 Highway 1, as appropriate for retail or community commercial use; and WHEREAS, the City is initiating this rezoning to bring the restaurants located within the subject area into conformance with the current zoning code and to bring the zoning into conformance with the Comprehensive Plan; 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 Intensive Commercial (CI -1) to Community Commercial (CC -2): LEGAL DESCRIPTION Commencing at a point 696.5 feet South of the East Quarter Corner of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S87050'W, 1659.0 feet, along the Centerline, of State Highway No. 1, in accordance with Plat of Survey Recorded in Plat Book 13, at Page 40 of the Records of Johnson County Recorder's Office; Thence S00 °00'00 "W, 60.05 feet, to a Point on the Southerly Right -of -Way Line of said Highway No. 1, which is the Point of Beginning; Thence S00 000'00 "W, 109.95 feet; Thence N90 000'00 "E, 187.00 feet; Thence N00 °00'00 "E, 117.03 feet, to a Point on the Southerly Right -of -Way Line of said Highway No. 1, which is 60.00 feet normally distant Southerly of said Centerline of State Highway No. 1; Thence S87050'W, along said Southerly Right -of- Way Line 187.14 feet, to the Point of Beginning. Said tract of land being subject to easements and restrictions of record. ums The East 125 feet of equal width of the following described real estate: Commencing at the Northeast Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, thence South 696.5 feet along the centerline of the pavement of Highway 6 and 218 to its intersection with the centerline of the pavement of Highway 1(highway station 0+00) a point 2.2 feet West of the East line of Section 16; thence South 87050'West along the centerline of pavement of Highway 1 to highway station 16 +58.3; thence South 68.3 feet to the place of beginning, thence south 84048'West 621.3 feet, thence 74052West 34.36 feet, thence South 74 028 "West 333.6 feet, thence South0050'West 388.3 feet, thence South 89 040' East 974.9 feet, thence North 0026'East, 548.6 feet to the place of beginning. Subject to covenants, conditions, restrictions, and easements of record. Ordinance No. Page 2 SECTION Il. 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 Ill. 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 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 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 App r ved�, ity Attor ey's ffi -- -- 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 8/21/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 9/4/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Date published 4d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ADD A DEFINITION FOR "DELAYED DEPOSIT SERVICE USES" AND REGULATE SAID USES AS PROVISIONAL USES IN THE COMMUNITY COMMERCIAL ZONE. WHEREAS, delayed. deposit services, also known as payday lenders, can trap consumers in repeat borrowing cycles due to the high cost of borrowing, short repayment term, and consequences of failing to make good on the check used to secure the loan; and WHEREAS, Iowa state law licenses delayed deposit services and regulates the terms of loans issued by delayed deposit services; and WHEREAS, a study of the effects of the presence of delayed deposit service establishments on surrounding areas found that delayed deposit services tend to concentrate in communities where crime rates are higher and found a statistically significant correlation between the presence of payday lenders and increases in crime; and WHEREAS, a study of the effects of the presence of delayed deposit service establishments on surrounding areas concluded that beyond the high cost of borrowing, payday lenders might have broader effects on a community, such as crime and economic distress; and WHEREAS, while the Iowa City community has not necessarily experienced these broader negative effects of crime and economic distress, evidence that other cities have experienced these negative effects may be justification for regulating the location of delayed deposit service establishments; and WHEREAS, this ordinance is a preventative measure against the possible future negative effects, like crime and economic distress, of the location of delayed deposit services on surrounding areas in Iowa City; and WHEREAS, delayed deposit service uses be defined in a manner consistent with the definition used in the State Code of Iowa; and WHEREAS, by preventing delayed deposit service. uses from locating within 1,000 feet of any property containing any existing daycare use, educational facility use, parks and open space use, religious /private assembly use, residential use, or any other delayed deposit service use, these broader negative effects of crime and economic distress would be less likely to occur in the areas surrounding delayed deposit service establishments; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended approval. 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. Amend Article 14 -9A, adding the following definition: Delayed Deposit Service Use: A Delayed Deposit Service Use is defined as an individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity, who for a fee accepts a check dated subsequent to the date it was written or a check dated on the date it was written and holds said check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether Ordinance No. Page 2 express or implied. For purposes of this Title, this definition includes only those individuals and entities to which Iowa Code Chapter 533D is applicable. For the purposes of this Title, "check" means a check, draft, share draft, or other instrument for the payment of money. B. Amend paragraph 14- 4A -41 -2, Examples, adding a subparagraph g, entitled, "Delayed Deposit Service Uses," as indicated below: g. Delayed Deposit Service Uses: payday lenders and any other similar use that meets the definition of Delayed Deposit Service Use, as defined in Article 14 -9A of this Title. C. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, adding an additional row under the "SUBGROUP" heading for Retail Uses, entitled, Delayed Deposit Service Uses," and within this row under the "CC -2" column indicate that said use is a provisional use in this zone by adding the abbreviation, "PR." D. Amend Subsection 14- 46-46, adding a new paragraph 24, as indicated below, and renumbering the subsequent paragraph accordingly: 24. Delayed Deposit Service Uses in the CC -2 Zone a. The use is licensed by the State of Iowa; and b. The use will be located at least 1,000 feet from any property containing any existing daycare use, educational facility use, parks and open space use, religious /private assembly use, or residential use; c. The proposed use will be located at least 1,000 feet from any other delayed deposit service use. 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, as provided by law. Passed and approved this day of 2012. 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 8/21/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 9/4/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published City of Iowa City MEMORANDUM Date: August 28, 2012 To: Jeff Davidson, Planning Director From: Andrew Bassman, Planning Intern RE: City Council payday lending questions for second consideration This memo attempts to answer questions raised by the City Council during first consideration of the proposed payday lending ordinance at the August 21 City Council meeting. In 1995, the Iowa Legislature enacted the Delayed Deposit Services Licensing Act. This is Section 533D.1 of the State Code, and features the provisions regulating activities of payday lending establishments. Amendments to this section of the code were passed in 2006 and 2008. These amendments concerned disciplinary action for licensed lenders, prohibited acts by licensees (preventing licensees from holding more than two checks at any one time from any one maker, holding from any one maker a check or checks in an aggregate face amount of more than $500 at any one time, and holding or agreeing to hold a check for more than thirty -one days), other operations at the same site, and surrender of license. The ordinances regulating location of payday lending establishments in Des Moines, West Des Moines and Clive all passed in December 2010. The Ames payday lending ordinance passed in May 2012. According to a representative from Iowa Citizens for Community Improvement (CCI), the organization that prompted this ordinance, there have been instances of traditional lenders offering financial products comparable to those offered by payday lenders. However, these instances have been isolated rather than broader trends. The CCI representative cited Veridian Credit Union as an example of an institution offering financial products comparable to payday loans. Veridian markets this product as Veridian PAL (Payday Alternative Loans). The PAL product caps the loan amount at $1,000, with half of the amount requested available to the borrower right away and the other half deposited into a savings account and held until the borrower fully repays the loan. Repayment term is six months and annual percentage interest rates range from 19% to 21 % (not including the $20 application fee). There is no additional charge for each $100 borrowed, as there is with payday loans. Veridian has locations in Ankeny, Des Moines, West Des Moines, Coralville and Iowa City. Let me know if you have any questions. Marian Karr From: SHenryson @aol.com Sent: Wednesday, August 22, 2012 10:18 AM To: Council Subject: Payday Loans Thank you for your action last night in limiting payday loans. They are evil instruments of exploitation. Sara Henryson 1023 Kirkwood Ave. Iowa City, IA This correspondence will become a public record. Marian Karr From: Nancy Barnes <nbarnes.kohout @gmail.com> Sent: Wednesday, August 22, 2012 10:18 AM To: Council Subject: payday loan zoning ordinance Thank you for your vote to combat pay day loans by passing a zoning ordinance. That's excellent. Now, please pass it through the second reading as quickly as possible and into law. This is a very important step forward toward ending the business of making very predatory loans at extemely high interest rates. Again, thank you. Respectfully, Nancy Barnes - Kohout Marian Karr From: Greenough, Paul R <paul- greenough @uiowa.edu> Sent: Wednesday, August 22, 2012 10:27 AM To: Council Subject: I support proposed payday lending ordinance Dear Council members, I support the proposed zoning ordinance that will crack down on predatory payday lenders by pushing them to the margins of the city. Payday lenders make huge profits by preying on low - income and marginally employed workers in our city, and the Council is to be commended by taking up a regulation to force them out. Please pass the second reading of the ordinance and speed it toward adoption —it's rare that a measure can be taken by city government that will so obviously improve living conditions for hard - working people who deserve relief. With thanks, Paul Greenough 4706 Oak Crest Hill Rd SE Iowa City, IA 52240 Marian Karr From: Peter Hansen <pjhansen @ia.net> Sent: Wednesday, August 22, 2012 11:35 AM To: Council Subject: Predatory Payday Lenders Council Members: Thanks for your 7 -0 vote on the first reading of the proposed ordinance cracking down on predatory payday lenders by zoning them to the margins of the city. Peter Hansen 1 Oaknoll Ct Iowa City, IA 52246 This correspondence will become a public record. Marian Karr From: delholland @ao►.com Sent: Wednesday, August 22, 2012 1:00 PM To: Council Cc: david @iowacci.org; joe @joebolkcom.org Subject: Payday loan ordinance This correspondence will become a public record. Dear Members of the Iowa City Council, As some of you do, I have some reservations about having to do this through zoning, but since the state continues to choose not to act to limit these predatory lenders, I applaud you for finding a way to do it. I look forward to your passing it through the second reading and into law as soon as possible to stop these companies from preying on the most vulnerable. Thank you, Del Holland 1701 East Court Street 338 -5220 Marian Karr From: khubel <khubel @southslope.net> Sent: Wednesday, August 22, 2012 2:39 PM To: Council Subject: Payday loan zoning ordinance Thank you for approving the first reading of the payday loan zoning ordinance that can't help but benefit the community. Kenn Hubei North Liberty, IA Marian Karr From: Maria Houser Conzemius <mconzemius @gmail.com> Sent: Wednesday, August 22, 2012 4:02 PM To: Council Cc: David Goodner; Maria Houser Conzemius Subject: Pay -day loan businesses = predatory I'm writing to express my support for restrictions on pay -day lenders in Iowa City. I would prefer not to have any of those businesses in Iowa City, since we can't cap their outrageous interest rates. Failing that, I'd like to limit the number of them, which is inadequate and weak, but better than nothing. Helene ......? of CCI mentioned Veridian and I think the University of Iowa Community Credit Union as possible alternatives to pay -day lenders. I think that social workers and public service announcements should make sure that her information, which I assume is valid, goes out to social work clients and consumers who might avail themselves of such places. Years ago when I used to wait for my daughter after work when she was a young teen, I had a good view of a pay -day lender on the Coralville strip. I was surprised by who went in and out of there. I saw a man with a Ph.D. in physics and astronomy go in there, a man I knew as my children's teacher in an extracurricular activity. Marian Karr From: Ginny Meyer <meyervk@g mail. com> Sent: Wednesday, August 22, 2012 5:15 PM To: Council Subject: payday loan zoning This correspondence will become a public record. Dear council members, Thank you for making the thoughtful decision to help stop predatory loans from hurting the people of Iowa City. Your actions are a perfect example of our elected representatives working to improve the lives of their constituents and making Iowa City a place where social justice can thrive. I hope you will pass this reading into law without delay. Yours, Virginia Meyer Marian Karr From: Jill Foco <jumbleblue @yahoo.com> Sent: Wednesday, August 22, 2012 7:18 PM To: Council Subject: Re: Payday Loan Zoning Ordinance Dear Council Members: Thank you for your accurate voting last night on CCI's payday loan zoning ordinance. I wholeheartedly support your passing this ordinance through the second reading and into law as soon as possible. Jill Foco Marian Karr From: Baldridge, Thomas H <thomas- baldridge @uiowa.edu> Sent: Wednesday, August 22, 2012 8:15 PM To: Council Subject: Payday loan zoning ordianance This correspondence will become a public record. Councilors: Thank you for passing this ordinance last night and I trust you will move it through its second reading, making it effective quickly. Tom Baldridge 1 Marian Karr From: Margaret/Charles Felling <mcfel ling @mchsi.com> Sent: Wednesday, August 22, 2012 8:55 PM To: Council Subject: Thanks for addressing problem of predatory loans This correspondence will become a public record. We thank you for moving closer to zoning payday loan sharks to the margins of the city -- Margaret and Chuck Felling 7th Avenue, IOWA CITY Marian Karr From: Fales, Evan <evan -fales @uiowa.edu> Sent: Thursday, August 23, 2012 11:50 AM To: Council Subject: pay -day lenders ordinance This correspondence will become a public record. Dear Council Members, Thank you for your unanimous vote in favor of the ordinance directed at reigning in pay -day lenders in Iowa City on first reading on Tuesday. I hope you will stay the course on this. Evan Fales 1215 Oakcrest St., Iowa City, IA 52246 Marian Karr From: Misty Rebik <mistyrebik @gmail.com> Sent: Wednesday, August 22, 2012 10:28 AM To: Council Subject: Thank you for the vote last night Dear Council Members, I wanted to write you to tell you thank you for voting the right way last night on CCI's payday loan ordinance. This is an important step that we can take locally to crack down on predatory lending in our community. I ask that you consider passing the ordinance into law at the next reading. With overwhelming support for the ordinance from all council members, it would best serve our community to pass the ordinance as soon as possible, and skip the third reading. Again, thank you for voting the right way on this ordinance, and I will see you in September. Regards, Misty Rebik �0, Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. ORDINANCE AMEND G TITLE 14, ZONING CODE, TO ADD DEFINITION FOR "DELAYED DEPOSIT SERVICE USE AND REGULATE SAID USES AS ROVISIONAL USES IN THE COMMUNITY COMMERCIA ZONE. WHEREAS, delayed depo se rvices, also known as payday borrowing cycles due to the hig cost of borrowing, short repaymE make good on the check used to cure the loan; and WHEREAS, Iowa state law lice ses delayed deposit services a delayed deposit services; and WHEREAS, a study of the eff cts of the presence of ela surrounding areas found that delayed eposit services tend to oncE are higher and found a statistically si nificant correlation etwee increases in crime; and WHEREAS, a study of the effects f surrounding areas concluded that beyond I effects on a community, such as crime and WHEREAS, while the Iowa City comm effects of crime and economic distress, evic may be justification for regulating the location WHEREAS, this ordinance is a prevent, crime and economic distress, of the IocatY and WHEREAS, delayed deposit the State Code of Iowa; and WHEREAS, by preventing di containing any existing daycare assembly use, residential use, crime and economic distress of establishments; and rs, can trap consumers in repeat n, and consequences of failing to regulates the terms of loans issued by d deposit service establishments on :rate in communities where crime rates the presence of payday lenders and the prese a of delayed deposit service establishments on e high c t of borrowing, payday lenders might have broader :onomi distress; and nity s not necessarily experienced these broader negative c that other cities have experienced these negative effects o elayed deposit service establishments; and i measure against the possible future negative effects, like of played deposit services on surrounding areas in Iowa City; uses be defined in a manner consistent with the definition used in la ed deposit serve uses from locating within 1,000 feet of any property e, educational fa lity use, parks and open space use, religious /private any other delayed deposit service use, these broader negative effects of Id be less likely to oc�,ur in the areas surrounding delayed deposit service WHEREAS, the Planni g and Zoning Commission �1 approval. \ NOW, THEREFO E, BE IT ORDAINED BY THE Cl IOWA: SECTION I. Th Code of Ordinances of the City of Iowa A. Amend �t ticle 14 -9A, adding the following definition: reviewed this ordinance and recommended COUNCIL OF THE CITY OF IOWA CITY, Iowa is hereby amended as follows: a�d Deposit Service Use: A Delayed Deposit Service a is defined as an individual, group of dividuals, partnership, association, corporation, or any o er business unit or legal entity, who for a fee accepts a check dated subsequent to the date it as written or a check dated on the date it was written and holds said check for a period of tim prior to deposit or presentment pursuant to an agreement with, or any representation made to, a maker of the check, whether express or implied. For the purposes of this Title, "check" means a check, draft, share draft, or other instrument for the payment of money. B. Amend paragraph 14- 4A -41 -2, Examples, adding a subparagraph g, entitled, "Delayed Deposit Service Uses," as indicated below: Ordinance No. Page 2 g. Delayed Deposit Service Uses: payday lenders and any other similar use that meets the definition of Delayed Deposit Service Use, as defined in Article 14 -9A of this Title. C. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, adding an additional row under the "SUBGROUP" heading for Retail Uses, entitled, Delayed Deposit Service Uses," and ithin this row under the "CC -2" colurin indicate that said use is a provisional use in this zone by dding the abbreviation, "PR." D. Amend Subsection 14- 46-46, dding a new paragraph 24, as /be an renumbering the subsequent paragraph accordin ly: 24. Delayed Deposit Service Use in the CC -2 Zone a. The use is licensed by the tate of Iowa; and b. The use will be located at I ast 1,000 feet from any pr any existing daycare use, educational facility use parks and open space uate assembly use, or residential use; c. The proposed use will be loc ed at least 1,000 feet flayed deposit service use. SECTION II. REPEALER. All ordinances Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section invalid or unconstitutional, such adjudication shall section, provision or part thereof not adjudged inval SECTION IV. EFFECTIVE DATE. This Ordirr publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK - &LA roved b City Attorne ' ffice I paX ces in conflict with the provisions of this proof the Ordinance shall be adjudged to be iot dity of the Ordinance as a whole or any onal. a cffect after its final passage, approval and 2012. Z+ C�\ Marian Karr From: Catherine Moore <tomoerocks @aol.com> Sent: Monday, September 03, 2012 11:41 AM To: Council Cc: tomoerocks @aol.com, Callsfyre @aol.com Subject: Pay Day Loan Fiasco September 3, 2012 Council of Iowa City, re: payday loans Gentlefolk, l am writing for you to reconsider your position on Payday Loans. Yes, I agree that they prev on the needs of those most vulnerable. The interest rates are very high and it is difficult to get out of the cycle of re- loaning. Most people I know find it takes about three years to he done with paying all these loans off. In the zeal to remove Payday loans consider this. Who do you have to go to when you suddenly need to moue? Who do you have to ask for help when your vehicle needs work and you have to park it for a while? The City of Iowa City disallows non - running vehicles within the city limits. Give a person several months and they can save and readjust economic priorities to pay for a vehicle repair. This ordinance makes that strategy impossible. A neighborhood or perhaps a landlord becomes unbearable, privacy, safety, lack of public transportation are reasons a tenant needs to relocate, but to where? Certain sections of Johnson County are set aside unofficially as places where people who lack means can live. There is no bank nor credit union that will trade with you when you have an immediate need but like most living paycheck to paycheck. No one always knows when emergency will strike. It is demoralizing and invasive to go from friend to friend who care but help with their emergency funds or more likely a word of encouragement. There need to be options so people do not use Payday loans when there is no where to turn and the need is urgent. This market which especially hits the low wage worker, the recently divorced or separated, those who need moving money or a new refrigerator, or to pay a month's rent /mortgage when the budgeted money had to go elsewhere. This market where the Housing Inspection works with the landlords to force people to move. This market where people without a large income which is most, have to deal with everyday problem but who can not afford an attorney despite their need for representation, good representation in a court that has already decided on an outcome. PavDav loans with their business practices do charge enormous interest. One pays for the loan when the loan is first made and again when one pays it off, but who else will only ask that you have an active checking account a working phone, at least $800 t for most), references and they will loan you money. The amount varies with how much you need and what your income is. Have any other suggestions for those in a very tight spot with no where to go for help? Or should entire families, couples, seniors, disabled individuals just live in their vehicles, or remain without medicine because of lack of adequate money? These are adults making the decisions not children being lured into smoking but people who can find no other way out while keeping dignity. over head, Yes, Payday loans are no long term answer but with a joblessness rate, a hunger rate, homeless pets, heating oil automobile gas, cost of food in grocer, no place to grow your own but neither is cutting people off from the Predatory PayDay Loan business and re- tossing them into the street when they can not meet the tactics of those other Predators who live off those who are desperate in this city, as in so many other cities across the USA. Sincerely, Wenschel Adam P.O. Box 512 Iowa City,lowa 52244 calisfyre @aol.com 4e Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ -12- 00010) ORDINANCE NO. 12 -4490 ORDINANCE REZONING APPROXIMATELY 2.7 ACRES OF LAND LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM - DENSITY SINGLE - FAMILY (RS- 8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM - DENSITY MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) WHEREAS, the applicant, Christian Retirement Services, has requested a rezoning of property located north of Benton Street between George and Streb Streets from Medium - Density Single - Family Residential (RS -8) to Overlay Planned Development Medium - Density Multi - Family Residential (OPD- RM -20) and approval of a preliminary OPD plan; and WHEREAS, an amendment to the Comprehensive Plan changed the land -use designation map for the subject properties from single - family /duplex residential to Medium - Density Multi - Family Residential; and WHEREAS, the Comprehensive Plan supports provision of group living options for senior citizens, and the Southwest District Plan encourages development of high - quality multi - family housing that is compatible with surrounding developments to meet the housing needs of a variety of households, including elderly residents; and WHEREAS, the OPD zoning gives the City the opportunity to review the design with the intent of assuring that the resulting development is compatible with the neighborhood and the overall goals of the Comprehensive Plan; and WHEREAS, the proposed development includes design features —such as a variety of building materials with balconies to create an articulated fagade, inclusion of a courtyard within the main building to provide an open space corridor, development of two duplexes on the east side of Streb Street that function as a transition and step -down between the main building and the RS -8 zone to the west —to the make the development compatible with the surrounding neighborhood; and WHEREAS, the applicant is seeking waivers, as allowed by the OPD zoning, to allow the maximum overall height of the building to be increased from 35 feet to 52 feet; and WHEREAS, the height increase is justified, due to design features of the development, the need for housing for senior residents, and the provision of two levels of interior parking; and WHEREAS, the applicant is seeking waivers to allow a variation in tree coverage standards for the courtyard area, since the courtyard functions more as open space than as a rooftop; and WHEREAS, the applicant is seeking waivers to increase the width of two garage doors within the development from a maximum of 18 feet to 20 feet, which is reasonable given that they would be located in the interior of the development; and WHEREAS, the applicant has agreed to dedicate additional right -of -way to bring the north side of Benton Street up to current arterial street right -of -way standards as shown on the OPD plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval of the rezoning and the preliminary OPD plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning designation of Medium - Density Single - Family Residential (RS -8) to Overlay Planned Developed Medium - Density Multi - Family Residential (OPD- RM -20): LEGAL DESCRIPTION LOT 11 AND LOT 12 OF GRANDVIEW MANOR (PLAT RECORDED IN PLAT BOOK 4, PAGE 430 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 1, LOT 2, LOT 3, LOT 4, AND LOT 5 OF A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., (PLAT RECORDED IN PLAT BOOK 4, PAGE 315 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 24, LOT 25, LOT 26, LOT 27, LOT 28, LOT 29 AND LOT 30 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 1, LOT 2 AND LOT 3 OF A SUBDIVISION OF LOT 31 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT Ordinance No. 12 -4490 Page 2 RECORDED IN PLAT BOOK 23 PAGE 42 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUTNY RECORDER'S OFFICE). SECTION II. VARIATIONS. To allow the development of 73 new dwelling units for the elderly, the OPD- 20 Plan for the subject properties varies from the RS -20 dimensional requirements. These variations include allowing a height increase from a maximum of 35 feet to 52 feet, allowing the applicant to subtract the roof area of the courtyard from the total roof area for the purposes of calculating the one tree for every 550 square feet of building coverage required for a residential development, and to allow the width of two garage doors in the interior of the development to be increased from the maximum of 18 feet to 20 feet. The Applicant must obtain approval of the landscape plan from the Director of Planning and Community Development. SECTION III. 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 IV. 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 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 V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of September, 2012. ATTEST:— CITY CLERK Approved by City Attorney's Office Bh; Ordinance No. 12 -4490 Page 3 It was moved by Champion and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X Dickens x Dobyns X Hayek x Mims X Payne x Throgmorton First Consideration 71131/9019 Vote for passage: AYES: Mims, Payne, 'Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Vote for passage: AYES: Mims, Payne, Champion, Dickens, Hayek. NAYS: Dobyns, Throgmorton. ABSENT: None. Date published 9 / 13 / 2q 12 M Prepared by: Andrew Bassman, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC12- 00004) ORDINANCE NO. 12 -4491 AN ORDINANCE VACATING THE PUBLIC RIGHT -OF -WAY OF SPRING STREET. WHEREAS, the applicant, Christian Retirement Services ( Oaknoll), has requested that the City vacate the public right -of -way of Spring Street; and WHEREAS, the right -of -way to be vacated will be incorporated into a planned development expansion of Oaknoll Retirement Residence, and become a private drive providing vehicular access to two duplexes to be constructed, as well as a parking facility within the main building to be constructed as part of the planned development; and WHEREAS, at present Spring Street has the characteristics of an alley —no sidewalks, curbs or gutter, and provides additional rear access to two privately -owned residences; and WHEREAS, a public access easement will be retained for access to these two residences; and WHEREAS, the City will also retain a storm sewer and sanitary sewer easement over the vacated right - of -way; and WHEREAS, all infrastructure and utility improvements necessary for this project will be installed by Christian Retirement Services; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has recommended vacating the public right -of -way of Spring Street, subject to conditions mentioned above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the retention of any necessary easements, the City of Iowa City hereby vacates the public right -of -way of Spring Street legally described as follows, subject to the retention of a public access easement and storm and sanitary sewer easement: LEGAL DESCRIPTION SPRING STREET LYING ADJACENT TO LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE). 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 4th day of September, 2012. MAYOR ATTEST: ) ' lG�4� AP, 4� CITY-CLERK Approved by City Attorney's Office ®1(z) 1-2- Ordinance No. 12-4491 Page 2 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Dickens that the x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 7/31/2012 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published 9/13/2012 �..,z. ®4 "T CITY OF IOWA CITY '8'��- v r a* MEMORANDUM Date: 8/29/12 To: City Council From: Douglas Boothroy, Housi g and Inspection Services Susan Dulek, Ass't. City Attorney Re: Enforcement of the Nuisance Rental Property Regulations /Disorderly House This memo will explain the change to the "disorderly house" ordinance that had first consideration at the August 21 meeting and how staff intends to enforce the new ordinance. In order to clarify the code violation that may result in a municipal infraction, a new subsection is being recommended. The definition of what constitutes a disorderly house is not changed. The amendment clarifies that all occupants of a dwelling unit are responsible for what occurs within the unit and are subject to civil sanctions for a disorderly house. Because this adds a new provision to the ordinance that received consideration, the amended ordinance on the agenda is set for first consideration. Staff will recommend expedited consideration at the September 18 meeting. In terms of enforcement, the general process is set forth below when the occupants do not answer the door for the police and the noise falls within the definition of "founded complaint." We use the word "general" as staff has the discretion in its enforcement, and there are innumerable factors that go into exercising that discretion. • The officer will leave a notice on the door asking for the occupants to contact the Police Department (PD) immediately. • The PD will follow -up in the following day or two to try and speak with the occupants. • If the PD is unable to determine who was present, the PD will notify Housing and Inspection Services (HIS). • HIS will contact the owner /landlord and request the Informational Disclosure and Acknowledgment Form. This is a form that Section 17 -5 -14 of the City Code requires that all landlords and tenants sign and it includes the names of the tenants. • HIS will send a notice to the landlord and tenants regarding the disorderly house, which is part of the nuisance rental property regulations. • In addition, HIS may issue a municipal infraction citation to all the tenants based on the PD's communication. HIS will issue a municipal infraction citation if this is the second incident within twelve months. Copy to: Thomas M. Markus, City Manager Eleanor M. Dilkes, City Attorney Geoff Fruin, Ass't. to the City Manager Marian K. Karr, City Clerk Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "POLICE REGULATI S," CHAPTER 5, ENTITLED "MISCE LANEOUS OFFENSES," TO PROVIDE T T "KEEPING A DISORDERLY HOUS ' IS A MUNICIPAL INFRACTION AND TI E 17, ENTITLED "BUILDING AND HO U ING," CHAPTER 5, ENTITLED "HOUSI CODE," TO ADD ANOTHER BASIS FOR RENTAL PERMIT SANCTION. WHEREAS, loud parties great WHEREAS, when police office restore order; WHEREAS, when the occupants order, the officers often give a warnin WHEREAS, if order cannot be rest to the tenants or owners who are resp WHEREAS, when the police knock door, it is more difficult to restore order feasible option; and WHEREAS, it is in the best interest of a Ci answer the door and assist with restoring or er. NOW, THEREFORE, BE IT ORDAINED Y SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations,' C entitled "Keeping Disorderly House," is amend Any violation of this section shall be co i punishable by a civil penalty of $750.00 f offenses. 2. Title 17, entitled "Building and Ho sing," "Certificate of Compliance and Rental ermit," Paragraph 8c: On two (2) or more separate occa ions within complaint against a tenant. "Foun d complain tenant for violation of Section 8 -5- , "Keeping a issue a criminal complaint for vio tion of Section police officer been able to ident' a tenant who impact the peaceful enjoyment of ngfghboring residents; respond to complaints for loud pies, their primary goal is to pen the door for the police rather than issue a crimin, red and a criminal comp o sible; the door of the res' e a a criminal comp int Ordinance are hereby re SECTION III. SEVE be invalid or unconstitutl any section, provision or and publication, as irld assist the officers with restoring complaint; nt is necessary, that citation is issued en and the occupants do not open the against the individual responsible is not a ty to est)iblish civil sanctions when the occupants do not ITY COUNCIL OF THE CITY OF CITY, IOWA: )ter 5, entitled "Miscellaneous Offenses," Section 5, adding a new Subsection C. ed a simple misdemeanor or a municipal infraction offense and $1,000.00 for second and subsequent apter 5, entitled "Housing Code," Section 16, entitled )section C is amended by adding the following new t„ a� Dis< 8 -5 A I All ordinances and p ILITY. If any section, provil I, such adjudication shall not rt thereof not adjudged invalid rIVE DATE. This Ordinance I by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK City Attorney's Office ve (12) month period of time, there is a founded s the issuance of a municipal infraction against a Orly House," of this Code or evidence sufficient to "Keeping a Disorderly House," of this Code had a of ordinances in conflict with the provision of this n or part of the Ordinance shall be adjudged to fect the validity of the Ordinance as a whole or unconstitutional. pll be in effect after its final passage, approval 2012. 1 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: Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 8/21/2012 Voteforpassage' AYES: Thr gmort n, Champion, Dickens, Dobyns, Hayek, Mims, :Payne. NAY . None. ABSENT: None. Second Consideration _ Vote for passage: Date published Marian Karr From: Kaleb Hays <kaleb.hays @g mail. com> Sent: Wednesday, August 22, 2012 9:20 PM To: Council Subject: new ordinance Just curious as to how staff would issue civil citations if no one answers the door and the police do not actually confront any member of the house. I think the council's attempt to make it easier to issue disorderly house infractions is simply out of greed and in response to the recent "party school" rankings. These problems of underage drinking did not seem to be solved with the 21 ordinance and now you are resorting disorderly house tickets. Quit infringing on more freedoms of residents of this city. Thanks Kaleb Hays F Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," TO PROVIDE THAT "KEEPING DISORDERLY HOUSE" IS A MUNICIPAL INFRACTION AND TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO ADD ANOTHER BASIS FOR A RENTAL PERMIT SANCTION. WHEREAS, loud parties greatly impact the peaceful enjoyment of neighboring residents; WHEREAS, when police officers respond to complaints for loud parties, their primary goal is to restore order; WHEREAS, when the occupants open the door for the police and assist the officers with restoring order, the officers often give a warning rather than issue a criminal complaint; WHEREAS, if order cannot be restored and a criminal complaint is necessary, that citation is issued to the tenants or owners who are responsible; WHEREAS, when the police knock on the door of the residence and the occupants do not open the door, it is more difficult to restore order and a criminal complaint against the individual responsible is not a feasible option; and WHEREAS, it is in the best interest of the City to establish civil sanctions when the occupants do not answer the door and assist with restoring order. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 5, entitled "Keeping Disorderly House," is amended by adding by deleting Section 5 in its entirety and substituting the following Section 5: A. Simple Misdemeanor: No person shall permit or suffer to continue, without taking legal steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property, or loud, raucous, disagreeable noises to the disturbance of the neighborhood, or to the disturbance of the general public, upon any premises owned by the person or in the person's possession. For the purposes of this section, "to the disturbance of the general public" includes the disturbance of persons beyond the subject premises and /or to the disturbance of persons upon public places, including peace officers. Any violation of this subsection shall be a simple misdemeanor. B. Authority To Restore Order And Disperse; Failure To Disperse: Upon issuance of a criminal complaint for a violation of this section, any peace officer of the city shall have authority to restore order upon the subject premises, up to and including ordering the dispersal of person(s) from the subject premises. Any person who fails or refuses to obey and abide by such an order shall be guilty of a violation of this section. Any violation of this subsection shall be a simple misdemeanor. C. Civil Sanction: Quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property, or loud, raucous, disagreeable noises to the disturbance of the neighborhood, or to the disturbance of the general public, upon any premises owned by the person or in the person's possession is prohibited. For the purposes of this section, "to the disturbance of the general public" includes the disturbance of persons beyond the subject premises and /or to the disturbance of persons upon public places, including peace officers. Any violation of this subsection by a property owner or tenant is a municipal infraction punishable by a civil penalty of $750.00 for first offense and $1,000.00 for second and subsequent offenses. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Compliance and Rental Permit," Subsection C is amended by adding the following new Paragraph 8c: On two (2) or more separate occasions within a twelve (12) month period of time, there is a founded complaint against a tenant. "Founded complaint" means the issuance of a municipal infraction against a tenant for violation of Section 8 -5 -5C, "Keeping Disorderly House," of this Code or evidence sufficient to issue a criminal complaint for violation of Section 8 -5 -5A, "Keeping Disorderly House," of this Code had a police officer been able to identify a tenant who was present. Ordinance No. Page 2 SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION lll. 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 b -30 1 ,� City Attorney's Office Sue /ord /ordhsgcode.doc 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. 9/4/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 9 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 12 -4492 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION B TO ALLOW FOR POSSESSION AND CONSUMPTION IN CERTAIN PARK BUILDINGS, PURSUANT TO ADMINISTRATIVE RULE; AND SUBSECTION C TO ALLOW FOR ALCOHOL POSSESSION AND CONSUMPTION IN CITY BUILDINGS PURSUANT TO ADMINISTRATIVE RULE. WHEREAS, several City departments are supported by charitable foundations, such as the Iowa City Public Library Friends Foundation, and the Friends of the Center; and WHEREAS, those foundations wish to hold fundraising events in the buildings they support, and wish to allow for the service of alcoholic beverages in these controlled environments; and WHEREAS, current Iowa City Code prevents the possession and consumption of alcoholic beverages in any City buildings; and WHEREAS, the City will soon be opening two structures, the Ned Ashton House and the Lodge at the Terry Trueblood Recreation Area, which would be appropriate for regulated consumption of alcoholic beverages by members of the public renting these structures; and WHEREAS, City staff does not presently support the expansion of alcoholic beverage use outside these structures in City parks; and WHEREAS, City staff wish to regulate the use of alcohol through administrative rules and a permitting process; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, .BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION B, is hereby amended by deleting it in its entirety and replacing it with the following language: B. A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity ", and is on an "authorized site ", as those terms are defined in this section', or is doing so pursuant to a permit issued by City staff. Any permit issued will abide by and incorporate administrative rules approved by the City Manager. This subsection shall not apply to the farmers' market or property within a city park that is leased to another entity for ninety -nine (99) years or more. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION C, is hereby amended by deleting it in its entirety and replacing it with the following language: C. A person shall not use or consume any alcoholic beverages in any city building, except a city building covered by a valid license or permit. Any permit issued will abide by and incorporate administrative rules approved by the City Manager. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 1 See also subsection 10 -9 -217 of this code. Ordinance No. 12 -4492 Page 2 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 upon publication. Passed and approved this 4th day of September 2012. ATTEST: ,�� CITY CLERK Approved by City Attorney's Office Ordinance No. 19-4499 Page 3 It was moved by Champion and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x_ x x X x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/31/2012 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published 9/13/2012 '-� ®� CITY OF IOWA CITY MEMORANDUM Date: August 29, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director p RE: Sidewalk Cafe Code Revisions Introduction The September 4, 2012 Council agenda contains two items related to Sidewalk Cafes. The first item is the third reading to pass and adopt an ordinance that will provide that cafes will be regulated primarily by a policy adopted by City Council. The second item is a resolution that adopts the policy. Approval of the resolution is contingent upon adoption of the ordinance. History /Background These items have been the subject of considerable comment at the first two readings of the ordinance. There appears to be little objection to the ordinance converting much of the regulation to policy. Rather the comments have been focused on the content of that policy and more specifically, the two new opportunities proposed in the policy for use of parking spaces and planters for cafe area. Discussion of Solution To seek broader public input on the changes, staff has provided the Iowa City Downtown District (ICDD) with a summary of the proposed policy for distribution to their members for review and comment. The ICDD is compiling comments and will share them with the City, but they are not yet available at the time of this memo. The policy in the packet has two changes from the policy that appeared in the August 21St packet. Both changes are related to the use of planters. The first change requires the consent of the adjacent property owner and first floor tenant if use of the planter area extends in front of an adjacent property. The second change specifies that to use a planter, it must be within 10' (formerly 8') of the building line extended. Financial Impact The financial impact of this change will be revenue neutral. There are no proposed fee increases at this time, but two new fees are being established for the use of electricity and for cafes on the street. However, we expect that increased fees will be proposed during the budget process and the fees charged for use of parking spaces will be subject to future changes in parking rates. Recommendation Staff recommends that the ordinance be passed and adopted. Staff also recommends that the resolution establishing policy be passed upon review and consideration of public comment. If the Council desires more time to consider planter and /or parking, staff recommends that a scaled back version be adopted that excludes one or both of these opportunities. Marian Karr From: Anthony Browne <anthony.browne @live.com> Sent: Tuesday, August 28, 2012 6:38 AM To: Council Subject: FW: Proposed amendments to city code Attachments: ProposalAnthonyBrowne.zip From: Anthony Browne [ mailto:anthony.browne @live.com] Sent: Monday, August 27, 2012 9:56 PM To: Council Cc: matt -hayek @iowa - city.org; susan -mims @iowa - city.org; 'terry- dickens @iowa - city.org'; 'rick- dobyns @iowa - city.org'; 'michelle -payne @iowa - city.org'; 'jim- throgmorton @iowa - city.org'; Tom Markus Subject: Proposed amendments to city code Hello City Council, I am Anthony Browne and I would like to submit proposed amendments to the Iowa City Code. This is in regards to both the proposed sidewalk cafe ordinance and the existing mobile vendor ordinance. I have attached a zip file named 'ProposalAnthonyBrowne.zip' that contains three PDFs: Proposed Amendments.pdf, Policy.pdf, and Proposed Ordinance.pdf. I will explain the contents of these PDFs below. ProposedAmendments. pdf I have highlighted the portions of the proposed sidewalk cafe ordinance that I think should be changed. The portions that aren't highlighted are verbatim from the original. Regarding section C, the blue highlighted text is copied verbatim from the Policy, section Easement Agreement, items 1 -6. 1 believe this section from the Policy belongs in the Ordinance itself. This verbiage describes the parameters of the easement agreement previously defined in both section B and the first sentence of section C. I believe this language belongs here. The green highlighted text in section C is text that I actually added. This text more accurately describes and defines the terms of any easement agreement under this Ordinance and, more importantly, can resolve the dispute about the "lottery" that has arisen. If the lottery is removed and all applicants must submit their applications for an easement agreement on or before January 31St of the calendar year the easement agreement will cover, the City Manager can efficiently react to applications, as well as efficiently resolve any disputing applications. This would be wiser than creating a burdensome lottery. This also will make the process uniform with the way mobile vendor applications are handled. This would also provide sufficient due process to all parties, as any applicant denied an easement agreement due to competition could re -apply the following year. I feel this is a clean and elegant solution, satisfying the best interests of the City and any applicant for an easement agreement. The only problem this causes is that January 31, 2013 would be the first opportunity to do a first run. Some language would have to be added to the Policy to allow a trial run in 2012. The yellow highlighted text in sections G -J are items that I believe should be moved verbatim to the Policy. These items can all be changed by resolution and should therefore be in the Policy. The blue highlighted text in section N is text that as copied verbatim from the Policy, section Cafes on the Street, item 12. This appears to be language that would never change and therefore should be in the Ordinance, in my opinion. Policy.pdf I propose four changes to the Policy and they all have been described above. The first change is to move sections G -J from the Ordinance to items 9 -12 of section Operation of Sidewalk Cafes of the Policy. I also propose all of the section Easement Agreement, items 1 -6, should be moved to section C of the Ordinance. Additionally, I propose that item 12 of 1 the section entitled Cafes on the Street be moved in its entirety to section N of the Ordinance. Finally, I believe that item 13 should be stricken in its entirety. Proposed Ordinance. pdf I propose that a new Ordinance be enacted that increases the number of mobile vendors from six (6) to eight (8). It is evident by the enactment of the new sidewalk cafe ordinance that it would not be against the public interest to increase the number of mobile vendors. Therefore, I would urge the Council to submit this proposed ordinance and increase the number of mobile vendors from six (6) to eight (8). Thank You For Your Time, Anthony Browne On behalf of Hillery's BBQ Prepared by: Anthony Browne, anthonv.browne(cDlive.com New language added by aabrowne = Language proposed by aabrowne to be moved from Policy to Ordinance = Language proposed by aabrowne to be moved to Policy from Ordinance = _ ORDINANCE NO. ORDINANCE AMENDING TITLE 10, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO REGULATE SIDEWALK CAFES PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. WHEREAS, sidewalk cafes are a use of the public right of way in the CB2, CBS, and CB10 zones that require a temporary easement agreement; and WHEREAS, the City should streamline the process to obtain an easement agreement and regulate sidewalk cafes by means of Council adopted policy and administrative rules. 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," is eliminated in its entirety and the following new Section 3 is substituted in lieu thereof: A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk cafe applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the Citv meet] agreement shall provide that no property right is conferred and that it may be inated if the City determines that the right of way is needed. The [easement] agreem shall include provisions for insurance, indemnification, fencing, maintenance, includingq vegetation and the subsurface if applicable, and any other reasonable provision as dete by the City Manager, or designee. The [easement] agreement shall include a schematic diagram that shows that the cafe and platform, if applicable, comply with this policy and the City Code. Except for cafes on City Plaza, the design shall include all existing streetscape amenities and utility features (such as valves and manholes) within eight feet (8') of the proposed cafe. Exsept -fe ed n the 5tWo, the [easement] agreement shall be issued from February 1 thr' ry 31 T a less than the one year, but shall �t� . l . The agr " haU�$ refit the cafe ow D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and dispense any alcoholic beverage must do so under state and local law. J. Amplified sound equipment shall not be permitted K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. L. All fees for the operation of a sidewalk cafe shall be set by resolution. M. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the Cit website. jt1"'FK6re_is'" Yee " cor t r5 , id ogreement will includ , . ragraph, I compliance e owner further acknowledges a t no proper, by this agreemeq the use of portions of the pu -way, that the °, fnpowered to grant permanent or perpetual use of its right -of -way for private purposes, that the City may order said locations and /or uses within the right -of -way to cease and desist if, for any rqfjNJWi& City rla4arminraa. that aaitl rink #..nf -luau naarlPd for a pubJkQ ' ,AIJ 91 not b SECTION H. 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 2012. ml� /b Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 12 -4493 ORDINANCE AMENDING TITLE 10, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO REGULATE SIDEWALK CAFES AND OUTDOOR SERVICE AREAS PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. WHEREAS, sidewalk cafes are a use of the public right of way in the CB2, CB5, and CB10 zones that require a temporary easement agreement; and WHEREAS, the City should streamline the process to obtain an easement agreement and regulate sidewalk cafes by means of Council adopted policy and administrative rules; 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," is eliminated in its entirety and the following new Section 3 is substituted in lieu thereof: A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk caf6 applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. Ordinance No. 12 -4493 Page 2 I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverage under state and local law. Amplified sound equipment shall not be permitted K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. L. All fees for the operation of a sidewalk cafe shall be set by resolution. M. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website 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 4th day of September 2012. L -0( u_ •: ,�Y. ATTEST: &dd , � e. jV,z � CITY CtERK Approved by 9�*U� 1;� -a k -1 (), City Attorney's Office Ordinance No. 12 -4493 Page _3 It was moved by Mims and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: x X x X x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/31/2012 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,Champion, Dickens. NAYS: None. ABSENT: None. Date published 9/13'/20.1'2