Ordinance 6331 - 6336 amending Chapter 15 regarding "Consumer Fireworks Sales" and setting a Public Hearing for June 11, 2018 at 7:00 p.m

Ordinance 6331: Ordinance to amend Chapter 15.03-Definitions of the 2015 Municipal Code of Council Bluffs, Iowa by enacting new section 15.03.171a: “Consumer Fireworks Sales”. ZT-18-001

Ordinance 6332: Ordinance to amend Chapter 15.15-C-2/Commercial District, by amending section 15.15.020 “Principal Uses” to include “Consumer Fireworks Sales” and by amending section 15.15.060 “Additional Regulations” to include a subsection (d).

Ordinance 6333: Ordinance to amend Chapter 15.18-P-C/Planned Commercial District, by amending section 15.18.020 “Principal Uses” to include “Consumer Fireworks Sales” and by enacting new section 15.18.055 “Additional Regulations”.

Ordinance 6334: Ordinance to amend Chapter 15.20-I-1/light Industrial  District by amending section 15.20.020 “Principal Uses” to include “Consumer Fireworks Sales” and by amending section 15.20.060 “Additional Regulations” to include a subsection (2).

Ordinance 6335: Ordinance to amend Chapter 15.21-I-2/General Industrial District by amending section 15.21.020 “Principal Uses” to include “Consumer Fireworks Sales” and by amending section 15.21.060 “Additional Regulations” to include a subsection (2).

Ordinance 6336: Ordinance to amend Chapter 15.23-Off-Street Parking, Loading and Unloading by amending section 15.23.060 “Parking Spaces Required” to include “Consumer Fireworks Sales” in subsection (4).

Public hearing on the request of the Community Development Department to amend multiple sections of Title 15: Zoning of the Council Bluffs Municipal Code, relative to ‘consumer firework sales’, as follows:

• Amend Chapter 15.03, Definitions by adding §15.03.171a ‘consumer fireworks sales’ definition; and
• Amend Chapter 15.15.020, Principal uses, C-2/Commercial District by adding §15.15.020(7a), ‘consumer fireworks sales’ as a principal use in the C-2/Commercial District and to amend §15.15.060(4), Additional regulations, relative to ‘consumer fireworks sales’ in a C-2/Commercial District; and 
• Amend Chapter 15.18.020, Principal uses, P-C/Planned Commercial District by adding §15.18.020(04a) ‘consumer fireworks sale’ as a principal use in the P-C/Planned Commercial District and add §15.18.055, Additional regulations, relative to ‘consumer fireworks sales’ in the P-C/Planned Commercial District; and
• Amend Chapter 15.20.020, Principal uses, I-1/Light Industrial District by adding §15.15.020(10a), ‘consumer fireworks sales’ as a principal use in the I-1/Light Industrial District and to amend §15.15.060(2), Additional regulations, relative to ‘consumer fireworks sales’ in the I-1/Light Industrial District; and 
• Amend Chapter 15.21.020, Principal uses, I-2/General Industrial District by adding §15.21.020(9a), ‘consumer fireworks sales’ as a principal use in the I-2/General Industrial District and to amend §15.21.060(2), Additional regulations, relative to ‘consumer fireworks sales’ in the I-2/General Industrial District; and
• Amend Chapter 15.23, Off-Street Parking, Loading and Unloading, by adding §15.23.060(4), Consumer Fireworks Sales, relative to required off-street parking for a ‘consumer fireworks sales’ use (1 space per 200 square feet of gross floor area).

On May 9, 2017, the State of Iowa signed into law Senate File 489 which legalized the sale of ‘consumer fireworks’. In response to this legislation, the Community Development Department has proposed the following text amendments to Title 15: Zoning of the Council Bluffs Municipal Code in order to address land use and off-street parking standards for ‘consumer fireworks sales’ in the City of Council Bluffs.  The proposed text amendments are as follows:   

1.  Amend Chapter 15.03, Definitions by adding §15.03.171a ‘consumer fireworks sales’ definition, as follows: 

15.03.171(a) Consumer fireworks sales.    The sale of first-class and second-class consumer fireworks as defined in Iowa Code Section 727.2, Fireworks. (See Attachment A)

Examples of first-class and second-class consumer fireworks are defined in Section 100.19, Consumer fireworks seller licensing of the Iowa Code (see Attachments B&C for more information).

2.  Amend Chapter 15.15.020, Principal uses, C-2/Commercial District by adding §15.15.020(7a), ‘consumer fireworks sales’ as a principal use in the C-2/Commercial District. Amend §15.15.060(4), Additional regulations, to establish a 300 foot separation distance between ‘consumer fireworks sales’ in a temporary structure (e.g. tent) and a residential use (see Attachment D). 

Note:  The 300 foot separation distance is a requirement that is stated in Section 7.6.4, Fireworks Discharge of the International Fire Code.

3.  Amend Chapter 15.18.020, Principal uses, P-C/Planned Commercial District by adding §15.18.020(04a) ‘consumer fireworks sale’ as a principal use in the P-C/Planned Commercial District.  Add §15.18.055, Additional regulations, to establish a 300 foot separation distance between ‘consumer fireworks sales’ in a temporary structure (e.g. tent) and a residential use (see Attachment E); and

4.  Amend Chapter 15.20.020, Principal uses, I-1/Light Industrial District by adding §15.15.020(10a), ‘consumer fireworks sales’ as a principal use in the I-1/Light Industrial District. Amend §15.15.060(2), Additional regulations, to establish a 300 foot separation distance between ‘consumer fireworks sales’ in a temporary structure (e.g. tent) and a residential use (see Attachment F); and 

5.  Amend Chapter 15.21.020, Principal uses, I-2/General Industrial District by adding §15.21.020(9a), ‘consumer fireworks sales’ as a principal use in the I-2/General Industrial District. Amend §15.21.060(2), Additional regulations, to establish a 300 foot separation distance between ‘consumer fireworks sales’ in a temporary structure (e.g. tent) and a residential use (see Attachment G); and

6.  Amend Chapter 15.23, Off-Street Parking, Loading and Unloading, by adding §15.23.060(4), Consumer Fireworks Sales as land use category for off-street parking standards. A consumer fireworks sales use will require 1 parking space per 200 square feet of gross floor area (see Attachment H).

The proposed text amendments were forwarded to the City’s Public Works Department, Legal Department, Fire Department and Building Division for review and comments.  No adverse comments were received. 

The Community Development Department recommends approval of the proposed text amendment as follows:

• Amend Chapter 15.03, Definitions by adding §15.03.171a ‘consumer fireworks sales’ definition; and
• Amend Chapter 15.15.020, Principal uses, C-2/Commercial District by adding §15.15.020(7a), ‘consumer fireworks sales’ as a principal use in the C-2/Commercial District and to amend §15.15.060(4), Additional regulations, relative to ‘consumer fireworks sales’ in a C-2/Commercial District; and
• Amend Chapter 15.18.020, Principal uses, P-C/Planned Commercial District by adding §15.18.020(04a) ‘consumer fireworks sale’ as a principal use in the P-C/Planned Commercial District and add §15.18.055, Additional regulations, relative to ‘consumer fireworks sales’ in the P-C/Planned Commercial District; and 
• Amend Chapter 15.20.020, Principal uses, I-1/Light Industrial District by adding §15.15.020(10a), ‘consumer fireworks sales’ as a principal use in the I-1/Light Industrial District and to amend §15.15.060(2), Additional regulations, relative to ‘consumer fireworks sales’ in the I-1/Light Industrial District; and 
• Amend Chapter 15.21.020, Principal uses, I-2/General Industrial District by adding §15.21.020(9a), ‘consumer fireworks sales’ as a principal use in the I-2/General Industrial District and to amend §15.21.060(2), Additional regulations, relative to ‘consumer fireworks sales’ in the I-2/General Industrial District; and 
• Amend Chapter 15.23, Off-Street Parking, Loading and Unloading, by adding §15.23.060(4), Consumer Fireworks Sales, relative to required off-street parking for a ‘consumer fireworks sales’ use (1 space per 200 square feet of gross floor area).

Public Hearing

Speakers in favor:

1. Christopher Gibbons, Community Development Department

Speakers against:  None.

Planning Commission Recommendation

The Planning Commission recommends approval of the proposed text amendment as follows:

• Amend Chapter 15.03, Definitions by adding §15.03.171a ‘consumer fireworks sales’ definition; and
•  Amend Chapter 15.15.020, Principal uses, C-2/Commercial District by adding §15.15.020(7a), ‘consumer fireworks sales’ as a principal use in the C-2/Commercial District and to amend §15.15.060(4), Additional regulations, relative to ‘consumer fireworks sales’ in a C-2/Commercial District; and  
• Amend Chapter 15.18.020, Principal uses, P-C/Planned Commercial District by adding §15.18.020(04a) ‘consumer fireworks sale’ as a principal use in the P-C/Planned Commercial District and add §15.18.055, Additional regulations, relative to ‘consumer fireworks sales’ in the P-C/Planned Commercial District; and
• Amend Chapter 15.20.020, Principal uses, I-1/Light Industrial District by adding §15.15.020(10a), ‘consumer fireworks sales’ as a principal use in the I-1/Light Industrial District and to amend §15.15.060(2), Additional regulations, relative to ‘consumer fireworks sales’ in the I-1/Light Industrial District; and
• Amend Chapter 15.21.020, Principal uses, I-2/General Industrial District by adding §15.21.020(9a), ‘consumer fireworks sales’ as a principal use in the I-2/General Industrial District and to amend §15.21.060(2), Additional regulations, relative to ‘consumer fireworks sales’ in the I-2/General Industrial District; and
• Amend Chapter 15.23, Off-Street Parking, Loading and Unloading, by adding §15.23.060(4), Consumer Fireworks Sales, relative to required off-street parking for a ‘consumer fireworks sales’ use (1 space per 200 square feet of gross floor area).

VOTE:  AYE   7      NAY   0      ABSTAIN   0    ABSENT   0     VACANT   4     Motion:  Carried