HomeMy WebLinkAbout1993-08-31 Ordinance
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Gregory A. McDonald, D.C.
934 s. Gilbert street
Iowa city, Iowa 52240
(319) 338-7887
August 24, 1993
CITY OF IOWA CITY
Civic Center
410 E. Washington street
Iowa city, Iowa 52240
VIA HAND DELIVERY
Attention:
Robert Miklo, Associate Planner
Re:
Purchase of Alley
Dear Mr. Miklo:
This letter will supersede my letter to you of August 2,
1993, and serve as a modification of Paragraph 2 of my Offer to
Buy Real Estate dated July 29, 1993.
The price of $300,00 stated in Paragraph 2 is hereby
modified to One Thousand Eight Hundred Dollars ($1,800.00).
All other terms of the July 29 offer remain in effect.
Further communications about this transaction may be
addressed directly to me or, if it is more convenient for you, to
my attorney, Hilary strayer, 22 East Court street, ,Iowa city, IA
52240, 351-7888.
Thank you for your continued assistan
cc: Hilary strayer
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"THE IOWA STATE BAR ASSOCIATION
fOR THE LEGAL EffECT OF THE USE OF
THI5FOAl,l,COliSULTYOURLAWYER
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO CITY OF IOWA CITY. IOWA
, Sellers:
1, REAL ESTATE DESCRIPTION, The Buyers offer to buy real estate in
Iowa, described as follows'
See attachd ADDENDUM,
Johnson
County,
with a~~h~~s~~~~IS and appu enant servient estates, but subject to the following:
a, any zoning and other or inances,
b, any covenants of record;
c, any easements of record fo public utiiities, roads and highways; and
d, (Consider: tiens; minerai rlgh ; other easemenls; Interests of others,)
designated the Real Estate; provided Bu rs, on possession, are permitted to make the following use of the
Real Estate: Commercia 1.
County,
2, PRtCE, The purchase price shall be $ 3 0, 00
Iowa, as follows: $300,00 at c1 os ing,
3, REAL ESTATE TAXES, Sellers shall pay a pr ted share of any taxes to date of possession
and any unpaid reai estate taxes payable in prior yea Buyers shall pay all subsequent real estate taxes, Any
proration of real estate taxes on the Real Estate sh be based upon such taxes for the year currently payable
unless the parlies state otherwise,
4, SPECIAL ASSESSMENTS,
a, Sellers shall pay all special asse sments whlcl are a lien on the Reai Estate as of the date of
acceptance of this offer,
b, IF a, IS STRiCKEN, then Sellers all pay alllnstallm nts of special assessments Which are a lien on the
Real Estate and, if not paid, would becom delinquent during th calendar year this offer Is accepted,and all prior
Inslallments Ihereof,
c, All other special assess me ts shall be paid by Buyer
5, RISK OF LOSS AND INSUR CEo Risk of loss prior to Selle's delivery of possession of the Real Estate to
Buyers shall be as follows:
a, All risk of loss shall refl) In with Sellers untii possession of tI Real Estate shall be delivered to Buyers,
~a'~1G1 tnded
coverage ~r pG64ln the Rear-esla - nliLeossession Is given Bu ,promptly secure
end~ents to t proprlate insurance policre 1m. itional insureds as th ' , te ay
eppear, Risk of loss fro h insu s all be on Buy , BI have' ed er this
paragraph and n " S 0 erformance, Buyers, if they desire, a insuran 10
cover s rsk:-- "
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b, any covenants of record:
c, any easemenls of record fa public ulilities, roads and highways: and
d, (Consider: liens; mineral righ ; olher easements; interesls of others,)
designaled the Real Estate; provided Bu rs, on possession, are permilled to make Ihe following use of Ihe
Real Estate: Commercia 1,
2, PRICE. The purchase price shall be $ 3 0, 00
Iowa, as follows: $300,00 at c1 os ing.
County,
3, REAL ESTATE TAXES, Sellers shall pay a pr ted share of any taxes to date of possession
and any unpaid real eslale taxes payable in prior yea Buyers shall pay all subsequent real eslate taxes, Any
proration of real eslale taxes on Ihe Real Estate sh be based upon such taxes for Ihe year currently payable
unless the parties state otherwise,
4, SPECIAL ASSESSMENTS,
a, Sellers shall pay all special asse sments whic are a lien on the Real Eslate as of the date of
acceptance of Ihis offer,
b, IF a, IS STRICKEN, then Sellers all pay all installm nts of special assessmenls which are a lien on the
Real Estate and, if nol paid, would becom delinquent during Ih calendar year Ihis offer Is accepted, and all prior
inslallments thereof.
c, All other special assessme 15 shall be paid by Buyer
5, RISK OF LOSS AND INSUR CE, Risk of 1055 prior to Selle '5 delivery of possession of Ihe Real Estate to
Buyers shall be as follows:
a, All risk of loss shall re in with Sellers unlil possession of I Real Estale shall be delivered to Buyers,
t nded
Bu promptly secure
itional insureds'as th ' , te ay
s all be on Buy , 8 have ed er Ihis
erformance, Buyers, if Ihey desire, a insuran to
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coverage in
endo~ sial V,
appear, Risk of loss fro
paragraph and n "
cover s s ,
6, CARE AND MAINTENANCi;< The Real Estale shall be preserved in its pr ent condition and delivered
inlact al the time possession is ,delivered to Buyers, provided, however, if 5,a, is slricken and there is foss or
deslruction of all or any pari of'the Real Estate from causes covered by the insurance mainlained by Sellers,
Buyers agree to accept ~ch damaged or destroyed Reai Estate togelher wifh such insurance proceeds in lieu of
the Real Estate in its p(esenl condition and Sellers shall nol be required 10 repair or replace same.
7, POSSESS I N, II Buyers timely perform all obligations, possession of the Real Estate shall be delivered 10
buyers on , 19_, with any adjustments of rent, insurance, and Inleresllo be made as of
the date of transf r of possession,
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8, FIXTURES, All properly that integrally belongs to or is part of Ihe Real Estate, whether allached or
detached, such as light fixlures, shades, rods, blinds, uwr,ings, windows, storm doors, screens, plumbing fixtures,
waler healers, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting,
bulll.in items and eieclricalservice cable, outside television towers and antenna, fencing, gates rfrI:J landscaping and
shall be considered a pari of Real Estate and Included in the sale,
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9, USE OF PURCHASE PRICE. At time of selllement, funds of the purchase price ay be used to pay taxes
and other liens and to acquire outstanding interests, if any, of others,
10, ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain a abstract of title to the Real
Es te continued through the date of acceptance of this offer, and deliver it to Buyer for examination, It shall show
mer hantable title in Sellers in conformity with this agreement, iowa law and Title ~ andards of the Iowa State Bar
Asso 'ation, The abstract shall become the property of the Buyers when the pur hase price is paid in full. Sellers
shall p the costs of any additional abstracting and title work due to any ac or omission of Sellers, including
transfers y or the death of Sellers or their assignees,
11, D ED, Upon payment of purchase price, Sellers shall convey the R i Estate to Buyers or their assignees,
by Warra deed, free and clear of all liens, restrictio.ns, d encumbrances except as provided
in l,a, throug 1 ,d.. Any general warranties of title shall extend only to t 'e tima of acceptance of this offer, with
special warran' s as to acts of Sellers continuing up to time of delive of the deed,
12, JOINT T ANCY IN PROCEEDS AND IN REAL ESTATE. If Se ers, immediately preceding acceptance of
this offer, hold title the Real Estate in joint tenancy with full right ~f rvivorship, and the joint tenancy is not later
destroyed by opera' n of law or by acts of the Sellers, then the roceeds of this sale, and any continuing or
recaptured rights of Siers In the Real Estate, shall beiong to Selle s as jOint tenants with full rights of survivorship
and not as tenants in c 'l1mon; and Buyers, in the event of theetalh of either Seller, agree 10 pay any baiance ot
the price due Sellers una r this contza t~o t e surviving Selle and 10 accepl a deed from the surviving Seller
consistent with 11, , '
13, JOINDER BY SELLE'S SPO SE, Seller spouse, if ot a titleholder immediately preceding acceptance
of this offer, executes this co raeI' only for the purpose f relinquishing all rights of dower, homestead and
distributive share or in complian with 9 516,13 Tile Code nd agrees to execute the deed or real estate contract
for this purpose, \
14, TIME IS OF THE ESSENCE, Time is of the ~s nee in this contract.
15, REMEDIES OF THE PARTIES,
a, If Buyers fail to timely pertor this contra t, the Sellers may forfeit it as provided in The Code, and all
payments made shall be forfeited or, at S ler's optio ,u on thirty days wrillen notice of intention to accelerate the
payment of the entire balance because 0 such f ilure ~Uring which thirty days such failure is not corrected)
selle, rs may declare the entire balance imme 'atel due an payable,Therealter this contract may be foreclosed in
equity and the Court may appoint a receiver, ;'
b, If Sellers fail to timely perform this c tract, BUYe~~'h~ve the right to have all payments made returned
to them, i
c, Buyers and Sellers also are entitl a to titize ariy a d all other remedies or actions at law or in equity
available to them and shall be entilfed to 0 ain jud ment for c sts and allorney fees as permilled by law,
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16, STATEMENT AS TO LIENS, If Buy rs intencH assume r take subject to a lien on the Real Estate, the
Sellers shall furnish Buyers with a wrillen s temenl,fiom e holder f such lien, showing the correct balance due,
17, SUBSEQUENT CONTRACT. Any real elate contr t execut d in performance of this contract shall be on
a form of the Iowa State Bar Associatlo ,
18, APPROVAL OF COURT. If th sa of the Real Esta is subj ct to Court approval, the fiduciary shall
promplly submit '.'s contract for sue proval, If this contrac 's not s approved, it shall be void,
19, CONTRACT BINDING 0 UCCESSORS IN INTERES This ntract shall apply to and bind the
succe,ssors in interest of theiJa Ie ,
20, CONSTRUCTION, Words nd phrases shall be construed a in the ingular or plural number, and as
masculine, feminine or neuter ge der, according to the context.
22, TIME FOR ACCEPTAN E. If this offer is not accepted by Sell s on
19_, it shall become void nd all payments shall be repaid to the Bu rs,
23, OTHER PROVISIONS See attached ADDENDUM,
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and nOI as lenanls in ca'f\mon; and Buyers, in Ihe event 01 thez:alh of 'either Seller, agree 10 pay any balance of
Ihe price due Sellers uno r Ihis contra9t'to ~e surviving Selle and to accepl a deed from the surviving Seller
consislenl wilh 11, /.. \
13, JOiNDER BY SELLE'S SPOUSE, Seller~ spouse, it at a lilleholder immediately preceding acceptance
at Ihis otler, executes Ihis co ract only for the \purpose f relinquishing all rig his of dower, homestead and
distribulive share or in compiian with ~ 516,13 The Code nd agrees 10 execute the deed or reat estate conlract
tor this purpose, \
14, TIME tS OF THE ESSENCE, Time is of the ~ss nee in this contract.
15, REMEDIES OF THE PARTIES,
a, If Buyers fail to timely perlor this contra t, the Sellers may torteit it as provided in The Code, and all
payments made shall be forfeited or, at S ter's optio ,u on thirty days wrillen nolice of intention 10 accelerate the
payment of the entire balance because 0 such f ilure ~Uring which thirty days such failure is not corrected)
Sellers may declare the entire balance imme 'atel due an payable,Thereafler this contract may be foreclosed in
equity and the Court may appoint a receiver, ,
b, If Sellers fail to timely perform this c tract, BUYe~/have the right to have all payments made returned
to them, i
c, Buyers and Sellers also are entitl d to tilize ally a d all other remedies or actions at law or in equity
available to them and shall be entitled to 0 ain jud ment for c sts and attorney fees as permitted by law,
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16, STATEMENT AS TO LIENS, If Buy rs inten9't assume r take subject 10 a lien on the Real Estate, Ihe
Sellers shall furnish Buyers with a wrillen s temenlfrom e holder t such lien, showing the correct balance due,
17, SUBSEQUENT CONTRACT. Any real e 1~le contr t execut in performance of this conlract shall be on
a form of the Iowa State Bar Associalio ,
18. APPROVAL OF COURT. If th sa of the Real Esta is subj ct 10 Court approval, the tiduciary shatl
promptly submit this contract tor sue prova!. If this contrac 's not s approved, it shall be void,
19, CONTRACT BINDil\)G 0 UCCESSORS IN INTERES This ntract shall apply 10 and bind the
successors in interest of the Pa Ie ,
20, CONSTRUCTION, Words nd phrases shall be construed a in the ingular or plural number, and as
masculine, feminine or neuter ge der, according to the context.
22, TIME FOR ACCEPTAN E, If this otler is not accepted by Sell s on
19_, it shall become void nd all payments shall be repaid to the Bu rs,
23, OTHER PROVISIONS See attached ADDENDUM,
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Buyer
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Sollor
Spouso
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FORM NO, 26,1
OFFER TO BUV REAL ESTATE
AND ACCEPTANCE ,
Rovlaed June 19931 'f'/ ,
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9, USE OF PURCHASE PRICE, At time of selllement, funds of the purchase price may be used to pay taxes
and other liens and to acquire outstanding interests, if any, of others,
10, ABSTRACT AND TITLE, Sellers, al their expense, shall promplly obtain an abstract of IiIle to the Real
Estate continued through the date of acceplance of this oller, and deliver it 10 Buyers for examination, It shall show
merchantable tille in Sellers in conlormity with this agreement, Iowa law and Tille Standards of the Iowa State Bar
Association, The abstract shall become Ihe properlY of the Buyers when the purchase price is paid in full. Sellers
shall pay the costs of any additional abstracting and tille work due to any act or omission of Sellers, including
transfers by or the death of Sellers or their assignees, I
11, DEED, Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers,or their assignees,
by Warranty deed, free and clear of all liens, restrictions, and encumbrance/except as provided
in La, through 1.d.. Any general warranties of tille shall extend only to the time of accezt nce of this oller, with
special warranties as to acts of Sel rs conlinuing up to time of delivery of the deed,
12, JOiNT TENANCY IN PROCE S AND IN REAL ESTATE, if Sellers, Immediatelli' receding acceptance of
this oller, hold IiIle to the Real Estate In I inttenancy with full right of survivorship, a~d he joint tenancy is not later
destroyed by operetion of law or by ac of the Sellers, then the proceeds of this ale, and any continuing or
recaptured rights of Sellers In the Real Es te, shall belong to Sellers as joint tenant with full rights of survivorship
and not es tenants in common; and Buyer In the event of the death of either Sel r, agree to pay any balance of
the price due Sellers under this contza (t t~surviVing Seller and to accept deed from the surviving Seller
consistent with 11,
13, JOINDER BY SELLER'S SPO SE, Sel r spouse, if not a tilleholde Immediately preceding acceptance
of this oller, executes this contract only for t urpose of relinqulshin all rights of dower, homestead and
distributive share or in compliance with ~ 516,13 e Code and agrees to xecute the deed or real estate contract
for this purpose, \
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14, TIME IS OF THE ESSENCE, Time is of the '~sence in this c tract.
15, REMEDIES OF THE PARTIES,
a, if Buyers fail to timely perform this contract, he Seller mey forfeit it as provided In The Code, and all
payments made shall be forfeited or, at Seller's option, u n thlrt days wrillen notice of intention to accelerate the
payment of the entire balance because of such failure uri which thirty days such failure is not corrected)
Sellers may declare the enllre balance Immediately due an yable, Thereafler this contract may be foreclosed in
equity and the Court may appoint a receiver,
b, if Sellers fail to timely perform this contract, B ers ave the right to have all payments made returned
\
to them, \
c, Buyers and Sellers also are entilled to utili e any a~d II other remedies or actions at law or in equity
available to them and shall be entilled to obtain jud ment for c st and allorney fees as permitted by law,
16, STATEMENT AS TO LIENS, if Buyers Inte q to assume r t e subject to a lien on the Real Estate, the
Sellers shall furnish Buyers with a wrillen stateme from the holder f s h lien, showing the correct balance due,
17, SUBSEQUENT CONTRACT. Any real e I~te contract execul in erformance of this contract shall be on
a form of the Iowa State Bar Association,
18, APPROVAL OF COURT. if the s~ of the Real Estate Is subj ct t Court approvai, the fiduciary shall
promplly submit this contract fori2juch 151 roval. if this contract is not s app ved, it shall be void,
19. CONTRACT BINDING 0 CESSORS IN INTEREST. This ntra t shall apply to and bind the
succe~sors in Interest of the par les,
20. CONSTRUCTION, Words d phrases shall be construed as in the Ing lar or plural number, and as
masculine, feminine or neuter ge er, according to the context.
22, TIME FOR ACCEPTA CE, iflhls oller is not accepted by Sellers on r before
19_, it shall become void and all payments shall be repaid to the Buyers,
23, OTHER PROVISIONS, See attached ADDENDUM,
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13, JOINDER BY SELLER'S SPOUSE, Sel r Spouse, if nol a liIieholde Immediately preceding acceplance
of Ihis oller, execules Ihis conlract only for IH urpose of relinquishin all righls of dower, homestead and
dislrlbutive share or in compliance with ~ 516,13 e Code and agrees 10 xecule Ihe deed or real eslale contract
for Ihis purpose, \
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14, TIME IS OF THE ESSENCE, Time is of Ihe '~sence in this c Iracl.
15, REMEDIES OF THE PARTIES,
a, If Buyers fait 10 timely perform Ihis contracl, he Seller may 101leit i/ as provided in The Code, and ali
payments made shall be forfeited or, al Seller's option, u n Ihirl days wrillen nolice of inlention 10 accelerale Ihe
payment of the entire balance because of such failure uri which thirly days such failure is not correCled)
Sellers may declare Ihe entire balance immediately due an yable, Thereafter this conlracl may be foreclosed in
equily and Ihe Court may appoint a receiver,
b, If Sellers fait to timely perform Ihis contract, B ers ave the righlto have all paymenls made relurned
10 Ihem, \
c, Buyers and Sellers aiso are entilled 10 utili e any a~d II olher remedies or aclions at law or in equity
avaitable 10 Ihem and shall be entilled 10 obtain jud men I for c st and allorney fees as permitted by law,
16, STATEMENT AS TO LIENS, If Buyers inle q.to assume r I e subject 10 a lien on Ihe Real ESlate, the
Sellers shall furnish Buyers with a wrillen slaleme from Ihe holder f s h lien, showing Ihe correct balance due,
17, SUBSEQUENT CONTRACT. Any real e 1~le conlracl execut in erformance of Ihls contracl shall be on
a form of the Iowa Stale Bar Association,
18, APPROVAL OF COURT. If the s~ of the Real Estate is subj cl t Courl approval, the fiduciary shall
promplly submil this contract~or such pJ roval. IIlhis contract Is not s app ved, il shall be void,
19, CONTRACT BINDING 0 CESSORS IN INTEREST. This ntra t shall apply 10 and bind Ihe
successors in inleresl of the ' les,
20, CONSTRUCTiON, Words d phrases shall be conslrued as in Ihe ing Iilr or plural number, and as
mascutine, feminine or neuler ge er, according 10 Ihe context,
22, TIME FOR ACCEPT. CE, If Ihis oller Is nol accepled by Sellers on r before
19_, it shall become void and all payments shall be repaid 10 Ihe Buyers,
23, OTHER PROVISIONS, See at ta c hed ADDENDUM,
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This oller is accepled
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SollOl
Spouso
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Spouso
C Tho Iowa Slate Om Association
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FORM NO, 2S,1
OFFER TO BUV REAL ESTATE I '
AND ACCEPTANCE .
Rov/aod Juno 1993 J ,rq'
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OFFER TO BUY REAL ESTATE AND ACCEPTANCE
McDonald to city of Iowa city
ADDENDUM -- Page 1
Leqal desoription:
That portion of the Existing Platted Public Alley, in
White's Subdi is ion of Outlot 4 of the County Seat
Addition to I wa city, Iowa, according to/the Plat
thereof record d in Deed Book 13, page ?12, of the
Records of John on County, Recorder's 9ffice, lying
northerly of th south line of Lots 2]' and 28, and
southerly of Ral ton Creekj Buyer will have a survey
made of the prope ty and an exact ligal description
will be supplied f om the survey.
This offer is contingen
the property.
23b. CONSERVATION EASEMENT.
City vacating
This Offer is continge t upon Buyer and Seller mutually
agreeing to a conservatio easement\~overing the creek bank
portion of this property s well as of, adjoining properties owned
by Buyer. \
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SURVEY.
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Buyer will have a survey made of the property at his own
expense, and an exa legal description will be supplied from the
survey.
23d. CLOSURE OF
e's SUbdivision of Outlot 4, County Seat
Addition to low city, currently has two curb cuts bordering
Kirkwood. Buy r will close the curb cut nearest to Gilbert
Street as wel as the easternmost fifteen (15) feet of the other
curb cut.
Any notice required under this Agreement shall be deemed
perfected when it is received in writing either by personal
delivery or upon the date of the posting of said notice posted by
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Certified Mail. Persons designated for receipt of any notice for
the purposes of this Agreement shall be as follows:
For the SELLER:
Address:
For the BUYER:
Address:
Sellers' initials:
h'"~ii'':;;;':'':':;''':';;:''''>i,'''_I::.h(":'!''''''''''''<'''""''''''''.._
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Hilary strayer, Attorney at Law
22 East Court Street, Iowa city. Iowa 52240
Buyer's initials: ~
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ORDINANCE NO, 93-3588
AN ORDINANCE AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, ENTITLED "ZONING" BY
PERMITTING BED AND BREAKFAST HOME-
STAYS AND INNS AS ACCESSORY USES IN
ALL RESIDENTIAL ZONES EXCEPT THE
FACTORY BUILT HOUSING RESIDENTIAL
IRFBHI ZONE,
WHEREAS, the Zoning Ordinance provides
for accessory uses in residential districts; and
WHEREAS, bed and breakfast homestays and
inns, when appropriately regulated, may be
compatible accessory uses in residential zones;
and
WHEREAS, the Planning and Zoning
Commission recommended approval of bed and
breakfast homestays and inns as accessory
uses in residential zones except the RFBH zone,
subject to certain regulations,
NOW, THEREFORE, BE IT ORDAINED BYTHE
CITY COUNCIL OF IOWA CITY, IDWA:
SECTION I. AMENDMENTS,
1. Chapter 36, Article I, entitled "General,'
Section 36.4, entitled "Definitions," of the
Code of Ordinances of the City of Iowa
City, Iowa, be and the same is hereby
amended by adopting the following new
subsections,
Ib1l2,lI Bed and Breakfast Homestav,
Owner-occupied single.family or
duplex dwelling unit with no more
than three 131 bedrooms provided to
guests who stay for periods not to
exceed fourteen (14) consecutive
days,
12,2) Bed and Breakfast Inns,
Owner'occupied single.family or
duplex dwelling unit with four 141 or
five 151 bedrooms provided to guests
who stay for periods not to exceed
fourteen 1141 consecutive days,
2, Chapter 36, Article III, entitled" Accessory
Uses and Requirements,' Section 36.56,
entitled "Permitted accessory uses and
buildings," of the Code of Ordinances of
Iowa City, Iowa, be and the same is hereby
amended by repealing subsections Ibl and
Ic) and adding thereto new subsections Ibl
and Icl to read as follows:
Ibl In the RR.1, RS.5, RS-a, and RFBH zones,
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Ordinance No, 93-3588
Page 2
11)
Bed and breakfast homestays,
except in the RFBH zone, provided
the following conditions are met:
e, The primary use of the property
shall be en owner'occupied
single.family or duplex dwelling.
b, No more than three (31
bedrooms are provided to guests
who stay for periods not to
exceed fourteen (14)
consecutive days,
c, In addition to the parking spaces
required for the dwelling, a
minimum of two (2) off.street
parking spaces shall be provided,
Parking spaces may be located
one behind the other,
d, All employees must reside on the
premises,
e, If dwellings contain rooming
units for permanent roomers, the
number of permitted bedrooms
for a bed and breakfast
homestay shall be diminished by
the number of rooming units,
f, Fire protection equipment shall
be inslalled and maintained
according to the 1991 Uniform
Building Code,
g, Slgnage Identifying the bed and
breakfast homestay shall be
limited to one (1) non.iiluminated
sign not exceeding two (21
square feet in area,
h, Every two years the operator
must obtain a permit authorizing
this use from the Building
Inspector after establishing
compliance with City ordinances,
Bed and breakfast in~s, except in the
RFBH zone, subject to approval of a
special exception by the Board of
Adjustment and provided that the
following are met:
a, The primary use of the property
shall be an owner'occupied
single.family or duplex dwelling,
b, No more than five (5) bedrooms
are provided to guests who stay
for periods not to exceed
fourteen (14) consecutive days,
c, In addition to the parking spaces
required for the dwelling, a
(2)
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Ordinance No, 93-3588
Page 3
(3)
minimum of three (3) off.street
parking spaces shall be provided,
Parking spaces may be located
one behind the other,
d, All employees must reside on the
premises,
e. If dwellings contain rooming
units for permanent roomers, the
number of permitted bedrooms
for a bed and breakfast inn shall
be diminished by the number of
rooming units,
f, Fire protection equipment shall
be installed and maintained
according to the 1991 Uniform
Building Code,
g, Signage identifying the bed and
breakfast inn shall be limited to
one (1) non.iIIuminated sign not
exceeding two (2) square feet in
area,
h, Every two years the operator
must obtain a permit authorizing
this use from the Building
Inspector after establishing
compliance with City ordinances,
Communication towers and satellite
receiving devices provided they shall
not be located in the area between
the street and principal building;
within the required side yard. nor on
the roof of any building,
Fences as regulated by See, 36.64,
Gazebos, enclosed patios and similar
buildings for passive recreational
use,
Home occupations provided that no
home occupation shall be permitted
in which there is associated there.
with:
a, Any commodity sold upon the
premises except that which Is
produced thereon or is accessory
to the home occupation con.
ducted on the premises,
b, Any disturbance such as noise.
vibration. smoke, dust. odor,
heat or glare beyond the con.
fines of the dwelling unit or
accessory building,
c, Any exterior display, exterior
storage of materials. signs
(except as otherwise permitted I.
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(6)
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Ordinance No, 93-3588
Page 4
house calls after 10:00 p,m, or
before 7:00 a,m" or other
indication from the exterior that
the dwelling unit or accessory
building is being used in part for
any use other than that of a
dwelling or accessory building
for purely residential purposes,
d. Employees other than those
residing on the premises,
(71 Horses and ponies and structures for
the shelter of horses and ponies,
except commercial stables, shall be
permitted in the RR.l zone but not in
the RS.5, RS.8 and RFBH zones,
The minimum lot area provided shall
be two 121 acres for the first horse
or pony plus one 111 acre for each
additional horse or pony,
(81 Off.street parking for a use permit.
ted in the zone in which the
off.street parking Is located, as
regulated by Sec, 36.58.
19) Private garages.
(10) Private greenhouses or conservato.
ries,
1111 Private recreational uses and facili.
ties including but not limited to
swimming pools and tennis courts,
1121 Signs as regulated by Sec, 36.60,
(13) Storage building for the storage of
wood, lumber, gardening equipment
and other materials and equipment
exclusively for the use of the resi.
dents of the premises but not includ.
ing a storage building for commercial
purposes and provided that only one
such building shall be permitted on a
lot,
(14) Structures for the shelter of house.
hold pets except kennels,
Icl In the RS.12, RNC.ll, RM.12, RNC.20,
RM.20, RM.44 and PRM Zones, In addition
to the accessory uses Included in sub.
section (bl, storage buildings and off.street
loading shall be permitted, (Ord, #92.3549,
9/15/921
3, Chapter 36, Article III, entitled' Accessory
Uses and Requirements,' Section 36.58,
entitled 'Off.street parking requirements,'
of the Code of Ordinances of the City of
Iowa City, Iowa, be and the same Is hereby
amended by repealing subsection (a}(ll and
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Ordinance No, 93-3588
Page 5
adding thereto a new subsection (allllto
read as follows:
(a) Reauired number of off.street
parkinp spaces, In all zones, except
in the CB.l 0 zone unless specifically
required, there shall be provided
prior to the occupation of a building
or commencement of a principal use
a minimum number of off.street
parking and stacking spaces as
follows:
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Ordinance No, 93-3588
Page 6
Principal Use
(1) Residential uses,
Zone
a, Bed and breakfast homestays Where permitted
b, Bed and breakfast Inns Where permitted
c, Family care facility Where permitted
d, Hotels & motels
e, Mobile & modular
homes
f. Multl.famlly
dwellings
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1, Where permitted
except CB-5 and
CB-l0
2, CB-5 and CB-lO
RMH
1, Where permitted
except high-rises
In the CB.2 and
CB.5 zones and
efficiencies In the
PRM zone, lOrd,
#92-3549,
9/15/92)
2, Hlgh'rlses In
the CB.2 zone,
(Ord, #92-3549,
9/15/92)
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Number of Spaces
Two (21 parking spaces in
addition to the spaces required
for the dwelling unit,
Three 13) parking spaces In
addition to the spaces required
for the dwelling unit,
Four (4) parking spaces,
One and one-quarter (1 %)
parking spaces for each guest
unit,
Parking spaces shall be fur-
nished by providing spaces
within a publicly-owned parking
facility located within 300 feet
of the hotel or motel, as
specified by a written agree-
ment between the owner of the
hotel and the owner of the park-
Ing facility; or one and one-
quarter (1 % I parking spaces for
each guest unit on the same lot
as the use served or within 300
feet,
Two (21 parking spaces for each
home,
According to the following
table:
Floor
area
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spaces per
Dwellina unit
up to BOO
800 & over
1,5
2,0
One (11 space for each dwelling
unit,
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Ordinance No, 93-3588
Page 7
3, C6-5 According to the following
table:
Floor Parking
area spaces per
JgjJ1J Dwellina unit
up to 800 1
800 & over 1.5
4, Efficiencies in the One (1) parking spaco for each
PRM zone, dwelling unit,
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dwellings (elderly except CB-2, dwelling unit, .'
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2, CB-2, CB.5 and One (1) parking space for each I! I
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four (4) dwelling units, ~ i ,
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g. Rooming houses & Where permitted One (1) parking space for each 'I i"
apartment hotels 200 square feet of floor area, :1 f;.,
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h, Fraternity/sorority Where permitted One (1) parking space for each ' j
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houses 300 square feet of floor area, :i
I. Single family dwell- Where permitted Two 12) parking spaces for each I
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townhouse units , f
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per occupant, based on the
maximum number of occupants,
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Ordinance No, 93-3588
Page 8
I
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 es e whole or any section, provision
or part thereof not adjudged Invalid or
unconstitut!onal,
SECTION IV. EFFECTIVE DATE, This
Ordinance shall be In effect after Its final
passage, epproval and publication, as provided
bylaw,
Passed and approved this 31st day of
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Approved by
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City Attorney's Office
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It was moved by Horowitz and seconded by
as read be adopted, and upon roll call there were:
Ambrisco that the Ordinance
AYES:
NAYS:
ABSENT:
-L-
x
x
X-
X-
-x--
-x--
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
First Consideration 8/3/93
Vote for passage: AYES: Courtney, Kubby. McDonald ,Novick.
Pigott. Ambrisco, NAYS: None. ABSENT: Horowitz,
Second Considaration 8/17/93
Vote for passage: Ayes: Horowitz, Kubby, McDona 1 d, Novi ck,
Pigott. Ambrisco. Nays: None. Absent: None.
Date published 9/8/93
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