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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 Ales and parts of ordinances in con ict with the provision s of this Ordinance are hereby repealed.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.