BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA:

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1 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING CODE AND SUBDIVISION REGULATIONS OF THE NORTH LIBERTY CODE OF ORDINANCES BY AMENDING SECTIONS , , , and (2) CONCERNING GOOD NEIGHBOR MEETINGS, RESIDENTIAL DAY CARE FACILITIES AND SIGNS IN INDUSTRIAL DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA: SECTION 1. AMENDMENT. That Section , "Good Neighbor Meeting," of the North Liberty Code of Ordinances is hereby repealed and the following adopted in lieu thereof: GOOD NEIGHBOR MEETING. Good Neighbor meetings are intended to allow public comment on potential rezoning cases prior to the cases being formally submitted to the city. Such comments will alert city staff and the owner to neighborhood issues and may lead the owner to modify the intended application for rezoning. 1. Application. Good Neighbor meetings are required to be held for all rezoning applications filed by private property owners. 2. Arrangements for the meeting. A. City staff will make the applicant aware of Good Neighbor meeting scheduling arrangements, and a date and location will be mutually agreed upon. B. City staff will identify all property owners within 200 feet of the boundaries of the property proposed to be rezoned, and will prepare a mailing list of those property owners. The city is not required to be notified by mail of the Good Neighbor Meeting. C. City staff will prepare 2 notices; one for mailing to the owners identified above, and one for publication. The notices will be made available to the applicant for review and comment prior to mailing. D. City staff will complete the following notifications: (1) Send by regular mail the notice to owners identified above. (2) Post notification of the meeting on the city website. (3) Notify the Commission, Council and Mayor of the meeting. Deleted: Before a rezoning request is submitted to the City, the applicant shall hold a Good Neighbor meeting when land is being proposed to be rezoned. <#>The applicant is required to file an application with the City Administrator to schedule a meeting at which the developer or applicant shall show the proposed rezoning request to adjacent property owners, citizens, and other interested persons. The meeting will be moderated by the City Administrator and scheduled prior to submission of the initial rezoning application and no less than 30 days prior to the first meeting held by the Commission to hear a rezoning request. <#>The City, at the applicant s expense, shall send out by regular mail an announcement to the property owners within 200 feet of the boundaries of the property proposed to be rezoned. Said announcement will include the time, date, and location of the meeting to discuss the rezoning proposal, which announcement will be mailed no later than 14 days prior to the meeting. The City shall cause to be published a notice of the meeting, at the applicant s expense, and also post notice of the meeting on its website, both of which shall be done at least seven days prior to the meeting. The Commission, Mayor, and Council will be notified that a meeting will be held to discuss the proposed rezoning request at least seven days prior to the meeting. The required mailing and notices shall include a plain language description of the location and boundaries of the subject property. <#>The purpose of the meeting is to allow the abutting residents to express various points of view regarding to the rezoning request. <#>The meeting shall be held prior to any City staff action on the rezoning application, other than a planning conference. 5. In the event that a proposed subdivision is dependent upon the property first being rezoned, the requirements of this section may be fulfilled by the Good Neighbor meeting, including a presentation on both the proposed rezoning and subdivision requests. See Section (2) of this Code of Ordinances.

2 E. The Good Neighbor meeting will be moderated by city staff. 3. Notifications content. The notifications will include the time, date and location of the meeting, and a brief plain language description of the proposed rezoning. Other information or material such as a map of the area may be included to clarify the notice. 4. Timing. A. The Good Neighbor meeting shall be held prior to submission of the rezoning application on the required submission deadline. B. Notifications shall be sent, delivered and/or posted no later than 10 days prior to the Good Neighbor meeting. 5. In the event that a proposed subdivision is dependent upon the property first being rezoned, the requirements of this section may be fulfilled by the Good Neighbor meeting including a presentation on both the proposed rezoning and subdivision requests. 6. Printing and mailing costs shall be reimbursed to the city by the applicant. SECTION 2. AMENDMENT. That Section , "Residential Daycare Facilities," of the North Liberty Code of Ordinances is hereby repealed and the following adopted in lieu thereof: RESIDENTIAL DAYCARE FACILITIES. A group daycare home (less than 12 persons) may be allowed in RS, RD, and RM residential districts or any district where a residential use is legally established, provided the operator has obtained a license from the City for a group daycare home as provided for in this section. Criteria that must be met to obtain a conditional use permit are as follows: 1. State registration requirements shall have been met and the applicant agrees to meet any requirements of the building, fire, and health codes and any other applicable local codes and ordinances. Deleted: which Deleted: special Deleted: from the Council 2. Applicant shall agree to register annually with the City for as long as the use is continued. A reasonable administrative fee shall be charged as may be established, from time to time, by resolution of the Council. 3. No structural or decorative alteration that will alter the residential character of an existing structure or be otherwise incompatible with surrounding residences shall be permitted. 4. The resident occupant shall be the principal care provider, shall be registered by the State, and shall be present during operating hours. The resident occupant must be present when there are more than six children being cared for. When there are six or fewer children being cared for, the resident occupant need not be present. However, an employee of the resident occupant must be present when there are six or fewer children

3 being cared for and the resident occupant is not present. Only one employee over the age of 14 shall be permitted. Family members are not considered employees. 5. Any required outside play area shall be effectively screened from adjacent residential uses. Deleted: Both the resident occupant and the employee must be present when there are more than six children being cared for. 6. If located on a major street, an off-street drop-off/pickup area must be provided. 7. One off-street parking space must be provided for a nonresident/non-family member employee when located in a single-family residence district. A residential driveway is acceptable for this purpose. 8. One unlighted sign under two square feet in area and stating only the residentoccupant s name and the wording Group Daycare Home or Daycare shall be allowed. Any group daycare home that has been established and has obtained a State of Iowa Certificate of Registration prior to the effective date of the zoning ordinance and, in addition, meets all of the foregoing criteria, shall be considered as being a lawful nonconforming use under the terms of these regulations and may so continue without a conditional use permit. SECTION 3. AMENDMENT. That Subsection (3)(B) and Subsection (2) in Chapter , "Signs in Office/Research Parch and Industrial Zones," of the North Liberty Code of Ordinances is hereby repealed and the following adopted in lieu thereof: B. Maximum Ground Sign Area. One square foot for each lineal foot of street frontage, not to exceed 100 square feet, and the height shall not exceed 24 feet. 2. Maximum Ground Sign Area. One square foot for each lineal foot of street frontage, not to exceed 100 square feet, and the height shall not exceed 24 feet. SECTION 4. AMENDMENT. That Section (2), "Good Neighbor Meeting," of the North Liberty Code of Ordinances is hereby repealed and the following adopted in lieu thereof: 2. Good Neighbor Meeting. Good Neighbor meetings are intended to allow public comment on potential preliminary plat cases prior to the cases being formally submitted to the city. Such comments will alert city staff and the owner to neighborhood issues and may lead the owner to modify the intended plat. A. Application. Good Neighbor meetings are required to be held for the following subdivision applications filed by private property owners: Deleted: which Deleted: approval of the Council Deleted: After the planning conference but before a preliminary plat is submitted to the City, the applicant shall hold a Good Neighbor meeting when land is being proposed to be subdivided for development purposes. Deleted: <#>The applicant will be required to file an application with the City Administrator for a meeting at which the developer or applicant shall show the proposed subdivision request to adjacent property owners, citizens, and other interested persons. The meeting will be moderated by the City Administrator and scheduled prior to submission of the initial preliminary plat and no less than 30 days prior to the first meeting held by the Commission to hear a subdivision request. <#>The City, at the applicant s expense, shall send out by regular mail an announcement to the property owners that are within 200 feet of the boundaries of the property proposed to be subdivided. Said announcement will note the time, date, and location of the meeting to discuss the subdivision proposal, which notice will be mailed no later than 14 days prior to the meeting. The City shall cause to be published a notice of the meeting, at the applicant s expense, and also post notice of the meeting on its website, both of which shall be done at least seven days prior to the meeting. The Commission, Mayor, and Council will be notified that a meeting will be held to discuss the proposed subdivision request at least seven days prior to the meeting. The required mailing and notices shall include a plain language description of the location and boundaries of the subject property. <#>The purpose of the meeting is to allow the abutting residents to express various points of view in regard to the subdivision request. <#>The meeting shall be held prior to any City staff action on the subdivision application, other than the planning conference. E. In the event that a proposed subdivision is dependent upon the property first being rezoned, the requirements of this section shall be fulfilled by the applicant and the meeting scheduled no less than 30 days prior to the first meeting held by the Commission to consider the rezoning request. In this event, the meeting shall include a presentation on both the proposed rezoning and subdivision requests.

4 (1) Any subdivision plat that includes a new private or public street, or (2) Any subdivision plat that includes more than 2 lots, or (3) Any subdivision plat of a lot that has not been part of a subdivision plat previously approved by the City. B. Arrangements for the meeting. (1) City staff will make the applicant aware of Good Neighbor meeting scheduling arrangements, and a date and location will be mutually agreed upon. (2) City staff will identify all property owners within 200 feet of the boundaries of the property proposed to be subdivided, and will prepare a mailing list of those property owners. The city is not required to be notified by mail of the Good Neighbor Meeting. (3) City staff will prepare 2 notices; one for mailing to the owners identified above, and one for publication. The notices will be made available to the applicant for review and comment prior to mailing. (4) City staff will complete the following notifications: a. Send by regular mail the notice to owners identified above. b. Post notification of the meeting on the city website. c. Notify the Commission, Council and Mayor of the meeting. (5) The Good Neighbor meeting will be moderated by city staff. C. Notifications content. The notifications will include the time, date and location of the meeting, and a brief plain language description of the proposed subdivision. Other information or material such as a map of the area may be included to clarify the notice. D. Timing. (1) The Good Neighbor meeting shall be held prior to submission of the subdivision application on the required submission deadline. (2) Notifications shall be sent, delivered and/or posted no later than 10 days prior to the Good Neighbor meeting.

5 E. In the event that a proposed subdivision is dependent upon the property first being rezoned, the requirements of this section may be fulfilled by the Good Neighbor meeting including a presentation on both the proposed rezoning and subdivision requests. F. Printing and mailing costs shall be reimbursed to the city by the applicant. SECTION 5. REPEALER. All Ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 6. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged 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 7. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. First reading on, Second reading on, Third and final reading on, ATTEST: TRACEY MULCAHEY, CITY CLERK Drafted and approved as to form by City Attorney: SCOTT C. PETERSON, CITY ATTORNEY City Attorney THOMAS A. SALM, MAYOR I certify that the forgoing was published as Ordinance No. Leader on the day of, in the North Liberty Tracey Mulcahey CITY CLERK