HomeMy WebLinkAbout2012-09-18 OrdinancePrepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00014)
ORDINANCE NO.
ORDINANCE R ONING APPROXIMATELY .034 ACRES LOCATED AT 518 OWERY STREET AS
AN IOWA CITY HISTO C LANDMARK. (REZ12- 00014)
WHEREAS, the applicaX Michelle Wiegand, has requested rezoning of a property located at 518
Bowery Street to include design ion as an Iowa City Historic Landmark; and
WHEREAS, the Historic Pres ation element of the Comprehensive PI encourages the identification
and preservation of historic resource significant to Iowa City's past; and
WHERAS, research conducted on ehalf of the applicant revealed tha this property may date to the Civil
War era, is one of the few remainin examples of a neighborhoo grocery store, and the Historic
Preservation Commission and State Histori I Society have determined at it is worthy of preservation; and
WHEREAS, the Planning and Zoning C mission has found th designation as an Iowa City Historic
Landmark to be in compliance with the Compre nsive Plan and has ecommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE ITY COUNCIL THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described elow is her by reclassified from its current zoning
designation to include a designation of Iowa City Histo Landma
THE EAST 21 FEET OF SOUTH 70 FEET OF LOT 15 1-)S K 6, LYONS 2ND ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA.
SECTION II. ZONING MAP. The Building Insp for is hereb authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to confo to this amend ent upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECD DING. Upon passage d approval of the Ordinance, the
City Clerk is hereby authorized and /ed to entity a copy of this ordinan and to record the same, at the
office of the County Recorder of Jou ty, Iowa, at the owners expen all as provided by law.
SECTION IV. REPEALER. Ales and parts of ordinances in con ict with the provision s of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. tion, provision or part of the Ordinan shall be adjudged to be
invalid or unconstitutional, such adjshall not affect the validity of the Ordi nce as a whole or any
section, provision or part thereof no invalid or unconstitutional. SECTION VI. EFFECTIVE DA rdinance shall be in effect after its final p sage, approval and
publication, as provided by law.
5b
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00014)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY .034 ACRES LOCATED AT 518 BOWERY STREET AS
AN IOWA CITY HISTORIC LANDMARK. (REZ12- 00014)
WHEREAS, the applicant, Michelle Wiegand, has requested rezoning of a property located at 518
Bowery Street to include designation as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation element of the Comprehensive Plan encourages the identification
and preservation of historic resources significant to Iowa City's past; and
WHERAS, research conducted on behalf of the applicant revealed that this property may date to the Civil
War era, is one of the few remaining examples of a neighborhood grocery store, and the Historic
Preservation Commission and State Historical Society have determined that it is worthy of preservation; and
WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City Historic
Landmark to be in compliance with the Comprehensive Plan 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 to include a designation of Iowa City Historic Landmark:
LEGAL DESCRIPTION
THE EAST 21 FEET OF SOUTH 70 FEET OF LOT 15, BLOCK 6, LYONS 2ND ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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.
Passed and approved this day of , 2012.
MAYOR
ATTEST:
CITY CLERK
Ap5povedby
K 46-
City Attorney's Office 2 l (zl 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 9/18/2012
Voteforpassage: AYES: Dickens, Hayek, Mims, Throgmorton, Champion. NAYS: Dobyns
ABSENT: Payne.
Second Consideration _
Vote for passage:
Date published
s
5C
Prepared 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.
4 ow"Ifaf Axis Vertc l Axis
Vfnd Turbine!
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 CIA, 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 -1, 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 -I, 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.
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
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.
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 12012.
u_ •:
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
e��tz
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 9/4/2012
Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration 9/18/2012
Vote for passage: AYES: Dobyns, Hayek, Mims, Throgmorton, Champion, Dickens.
NAYS: None. ABSENT: Payne.
Date published
5d
Prepared by: Andrew Bassman, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ- 00013)
ORDINANCE NO. 12 -4494
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 (CI-
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 51h 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 000100 "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.
AND
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. 12 -4494
Page 2
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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.
Passed and approved this 18th day of September 2012.
A
MAYOR
ATTEST:L y
CLERK
Appr ved�
h Atto ey's M -
Ordinance No. 12 -4494
Page 3
It was moved by Mims 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 8/21/2012
Voteforpassage: 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 9/27/2012
597F-Tr-
5e
Emo�
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO. 12 -4495
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. 12 -4495
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 1446 -413, 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 18th day of September , 2012.
•
ATTEST:
Cl LERK
Ap roved by
City Attorney's Office
Ordinance No. 12 -4495
Page 3
It was moved by Dobyns and seconded by Dickens
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
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
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: NOne. ABSENT: None.
Date published 9 /'), / 2012
-,� _.- CITY OF IOWA CITY - m-
{ p
MEMORANDUM 7
Date: September 10, 2012
To: Tom Markus, City Manager
From: Adam Bentley, Administrative Assistant to the City Manager
Re: Disorderly House Outreach
Introduction:
City staff was asked by the City Council to provide additional information pertaining to the disorderly
house item on the agenda. This memo will summarize the changes being made, the messages the City is
expressing to various groups, and the City's communication with stakeholders.
Background
The Council has indicated that neighborhood stabilization is a priority that should be addressed by staff.
Nuisance mitigation is one component to the overall neighborhood stabilization strategy. In analyzing
ways to mitigate nuisance problems, staff identified disorderly house enforcement as one area that needed
strengthening.
The changes being proposed update the methods in which the current disorderly house law can be
enforced. It is important to reiterate that no change is being made to the current definition or prohibition
on disorderly houses. The goals of the changes are to address short term and long term disorderly house
concerns in neighborhoods. The following is a description of the changes as presented to the City
Council:
When the police respond to a complaint regarding noise or a loud party, often no one will
answer the door. The police cannot issue a criminal complaint because they are unable to
identify individuals who are present. The proposed ordinance adds two more
enforcement tools. First, it makes "disorderly house" a municipal infraction which will
allow staff to issue a civil citation to all tenants. Second, this ordinance also provides that
having a "disorderly house," even if a criminal charge or a municipal infraction is not
filed, can be a basis for a rental sanction. A rental sanction is ultimately the tool needed
to address disruptive properties that have multiple violations over a period of time.
City staff has communicated with various stakeholders regarding the proposed changes to the code.
These communications have occurred through the legislative process and will continue through the City's
standard communication practices. As the City has communicated to various stakeholders, the City has
highlighted these main points:
1. The City's Strategic Plan outlines that neighborhood stabilization is a City Council priority and staff
has worked to identify needs in the neighborhoods to reduce nuisance activity and promote safe living
environments.
2. City staff and the Iowa City Police Department have noted an increasing trend in the number of
disorderly house complaints where requests to open the door have gone unanswered.
September 10, 2012
Page 2
3. Without having a means to communicate with the person(s) in the "disorderly house," the police cannot
address the immediate concerns in a timely manner nor can they address long term serial concerns
with individual properties.
4. This policy change is intended to provide flexibility in enforcement of a law that is already codified;
there are no definitional changes to the law.
City staff, has met with the following organizations regarding these changes:
1. The University of Iowa Student Government (UISG)
2. Student Legal Services
Through traditional methods, City staff will communicate these updates through:
1. Tenant/Landlord contracts and agreements: All landlords must provide and tenants must sign an
informational disclosure form that highlights various code regulations in Iowa City. These regulations
include snow removal, trash, and other city information. Updates to the new ordinance will be
included on this form in the future.
2. Monthly meetings with the Iowa City Apartment Association. City staff attends these meetings every
month and will continue to provide information and feedback to the apartment owners.
3. The City of Iowa City's website and social media.
4. Various back to school educational initiatives sponsored by the City's Neighborhood Services
Coordinator, the University of Iowa, and /or city neighborhood associations.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO. 12 -4496
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. 12 -4496
Page 2
SECTION H. 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 18th day of September , 2012.
�►1 L
ATTEST:
CITY K
Approved b
City Attorney's Office
Sue /ord /ordhsgcode. doc
Ordinance No. 12 -4496
Page 3
It was moved by Mims and seconded by Dobyns 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. 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 9/27/2012
Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be finally passed
be suspended, the second consideration and vote be waived and the ordinance be voted upon for
final passage at this time. AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims.
NAYS: None. ABSENT: Payne.