HomeMy WebLinkAbout1994-08-02 Ordinance
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ORDINANCE NO. 94-3633
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AN ORDINANCE AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, ENTITLED "ZONING" TO
CHANGE THE DEFINITIONS OF
"DEVELOPMENTALLY DISABLED:' "FAMILY
CARE FACILITY/FAMILY HOME," AND "GROUP
CARE FACILITY."
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WHEREAS, persons with a broader range of
disabilities are eligible to reside in group home
settings; and
WHEREAS, the current definitions of
"developmentally disabled:' "family care
facility/family home:' and "group care facility"
are restrictive in terms of age limitation and
program specificity; and
WHEREAS, recent court cases, sections of
the Iowa Code, and federal legislation,
including the Americans with Disabilities Act,
require that group residences, particularly those
with five or fewer residents, not be
discriminated against through the use of zoning
regulation.
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NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT
SECTION I. AMENDMENT. Chapter 36, Article
I "GENERAL," Section 36-4 entitled
"Definitions" of the Code of Ordinances of the
City of Iowa City, Iowa, be hereby amended
by:
a) repealing Section 36-4(d)(4), and adding a
new Section 36-4(d)(4) to read as follows:
Subsection 36.4Id)(4). Disability. With
respect to an individual person, a physical or
mental impairment attributable to, but not
limited to mental retardation, cerebral palsy,
epilepsy, autism or another similar neurological
condition; or a mental or nervous disorder
which constitutes a substantial Impairment
expected to be long-continued and of Indefinite
duration.
b) repealing Section 36-4If)(3), and adding a
new Section 36-4If)(3) to reed as follows:
Subsection 36-411113). Family care
facility/family home. A community.based
residential home, such as a residential care
facility, a child foster care fecility, a community
supervised apartment living errangement, or
other small group residential arrangement that
Is government licensed or approved, and
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Ordinance No. 94-3633
Page 2
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provides rDDm and bDard, persDnal care,
rehabilitation services, and supervisiDn for not
more than eight (8) persons with disabilities in
a family environment by counselor(s) or a
resident family, However, family care facility
dDes nDt mean an individual foster care family
home licensed under Chapter 237 of the Code
of Iowa.
c) repealing Section 36-4Ig)(6), and adding a
new Section 36-4(g)(6) to read as follDws:
Subsection 36-4(g)(61. Group care facility.
A government licensed or approved facility
which provides resident services in a dwelling
to more than eight (8) persons not including
resident staff, but not exceeding 30 persons.
These individuals are persons with one or more
disabilities, are aged or undergoing
rehabilitation; are in need Df adult supervision;
and are provided services in accordance with
their individual needs. Group care facilities
shall not include nursing homes,
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi.
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 2nd day of
August, 1994. -
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CITY CLERK
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It was moved by Pigott and seconded by Baker
as read be adopted, and upon roll call there were:
that the Ordinance
Ordinance No. 94-3633
Page -3-
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AYES: NAYS: ABSENT:
x Baker
x Horowitz
x Kubby
x Lehman
x Novick
x Pigott
x Throgmorton
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First Consideration 7/19/94
Voteforpassage~YES: Baker, Horowitz, Kubby, Lehman, Novick,
Pigott, Throgmorton. NAYS: None. ABSENT: None.
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Second Consideration
Vote for passage:
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Date published
8/10/94
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Moved by Pigott, seconded by Baker, that the rule requiring ordinances
to be considered and voted on fot passage at two council meetings
prior to the meeting at which it is to be finally passed be
suspended, the second consideration be waived and the ordinance be
voted on for final passage at this time. AYES: Novick, Pigott, Baker,
Horowitz, Kubby, Lehman. NAYS: None. ABSENT: Throgmorton.
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ORDINANCE NO. 94-3633,
,
AN ORDINANCE AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, ENTITLED "ZONING" TO
CHANGE THE DEFINITIONS OF
"DEVELOPMENTALLY DISABLED," "FAMILY
CARE FACILITY/FAMILY HOME," AND "GROUP
CARE FACILITY."
WHEREAS, persons with a broader range of
disabilities are eligible to reside in group home
settings; ,and
WHEREAS, the current definitions of
"developmentally disabled," "family care
facility/family home," and "group care facility'
are restrictive in terms of age limitation a d
rogram specificity; and
WHEREAS, recent court cases, secti s of
the Iowa Code, and federal legi ation,
inclu ing the Americans with Disabili es Act,
requir that group residences, particu rly those
with 've or fewer resident, not be
discrimin ted against through the se of zoning
regulation.
NOW, THER ORE, BE IT 0 DAINED BY THE
CITY COUNCIl: OF THE CI Y OF IOWA CITY,
IOWA, THAT
SECTION I. AME ME . Chapter 36, Article
I "GENERAL," e tion 36-4 entitled
"Definitions" of the de of Ordinances of the
City of Iowa City, ow , be hereby amended
by:
a) repealing See on 36-4 )(4), and adding a
new Section 3 .4Id)(4) to r d as follows:
Subsectio 36-4Id)(41. sability. With
respect to individual person a physical or
mental im airment attributable 0, but not
limited t mental retardation, cer ral palsy,
epileps , autism or another similar n rological
condit' n; or a mental or nervous isorder
whi constitutes a substantial imp , ment
ex cted to be long-continued and of inde 'nite
d ration.
) repealing Section 36-4(f)(3 nd adding
new Section 36-4(1)( ad as follows:
Subsection 36 Id)(4) Family care
facility/family home. A community.based
residential home, such as a residential care
facility, a child foster care facility, a community
supervised apartment living arrangemant, or
other small group residential arrangement that
Is government licensed or approved, and
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ORDINANCE NO. 94-3634
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF APPROXIMATELY 7360
SQUARE FEET OF LAND LOCATED AT 402
SOUTH LINN STREET, IOWA CITY, IOWA,
FROM PRM, PLANNED HIGH DENSITY MULTI.
FAMILY ZONE, TO CB.5, CENTRAL BUSINESS
SUPPORT ZONE.
WHEREAS, the applicant has requested a
zone change from PRM, Planned High Density
Multi-Family Zone to CB.5, Central Business
Support Zone in order to preserve existing older
structures; and
WHEREAS, the subject property is located
adjacent to an area currently zoned CB-5; and
WHEREAS, the City of Iowa City wishes to
preserve existing older structures; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed
rezoning to CB-5 and has recommended
approval.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property
described below is hereby reclassified from its
present classification of PRM, Planned High
Density Multi,Family Zone, to CB-5, Central
Business Support Zone:
The West 91.70 feet of Lot 1, in
Block 19, in that part of Iowa City,
Iowa, known as the County Seat of
Johnson County, Iowa, according to
the plat thereof recorded in Book 1
and Book 2, page 253, Deed Records
of Johnson County, Iowa; subject to
easements and restrictions of record.
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 as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify e copy of this
Ordinance which shall be recorded by the
owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances In conflict with the
provision of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of this Ordinance shall be
adjudged to be Invalid or unconstitutional, such
adjudication shall not affect the validity of the
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Ordinance No, 94-3634
Page 2
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 required
by law.
Passed and approved this 2nd day of
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MAYOR '-' 0
ATTEST: 7JJt:JA;A-uJ~ ~) ,
CIT~RK
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Ordinance No. 94-3634
Page 2.-
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It was moved by Pi gntt and seconded by
as read be adopted, and upon roll call there were:
Novick
that the Ordinance
AYES:
NAYS:
ABSENT:
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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Second Consideration 7/19/94
Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick,
Pigott, Throgmorton. NAYS: Baker. ABSENT: None.
Date published 8/10/94
First Consideration 7 '5'94
Vote for passage: AYES:' [ubby, Lehman, Novick, Pigott,
Throgmorton, Horowitz. NAYS: Raker ABSENT: None.
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ORDINANCE NO. 94-3635
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF AN
APPROXIMATE 422 ACRE TRACT, LOCATED
SOUTH OF HIGHWAY 6 AND THE SOUTHERN
CORPORATE LIMITS FROM COUNTY RS,
SUBURBAN RESIDENTIAL, AND COUNTY R3A,
MULTI.FAMILY RESIDENTIAL, TO RS.8,
MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL (62 ACRES); RM.12, LOW
DENSITY MULTI.FAMILY RESIDENTIAL (10
ACRES); RM.20, MEDIUM DENSITY MULTI.
FAMILY RESIDENTIAL 115 ACRESI; RFBH,
FACTORY BUILT HOUSING RESIDENTIAL 184
ACRES); RR.1, RURAL RESIDENTIAL (191
ACRES) AND ID-RM, INTERIM DEVELOPMENT
MULTI-FAMILY RESIDENTIAL 159 ACRES).
WHEREAS, the subject property is presently
located outside the Iowa City corporate limits;
and
WHEREAS, the owner of said property,
Sycamore Farms Company, has petitioned the
City of Iowa City for voluntary annexation and
the City is proceeding with same; and
WHEREAS, pursuant to Iowa Code ~368.7,
annexation of the property must be approved
by both the City and the city development
board; and
WHEREAS, pursuant to the annexation policy
of the Comprehensive Plan of the City of Iowa
City, the proposed rezoning is subject to the
developer agreeing to pay all of the costs
associated with providing infrastructure for
development of the subject tract, except for
oversized costs for an east-west arterial; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting the Applicant's rezoning request,
over and above existing regulations, to satisfy
public needs directly caused by the requested
change; and
WHEREAS, the City wants to ensure
appropriate allocation and suitability of
neighborhood open space, the availability of a
public school site, the protection of
environmentally sensitive ereas and
responsibility for construction of infrastructure;
and
WHEREAS, the Applicant has agreed to
develop this property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to ensure appropriate urban
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Ordinance No. 94-3635
Page 2 '
development on the southeastern edge of Iowa
City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL'OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to' city
development board approval of the requested
annexation of the property and subject to Iowa ,
Code ~ 414. 5 (1993) and the terms and
conditions of the Conditional Zoning
Agreement, attached hereto and incorporated
by reference herein, the property described
below is hereby reclassified from its present
classifications of County RS, Suburban
Residential and County R3A, Multi-Family
Residential, to the following zoning
classifications for the property thereafter
described:
RS-a, Medium Density Single-Family
Residential: A tract of land in the west half of
the Northwest Quarter of Section 25,
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the northwest corner of Section
,25;
thence N 88' 21 '05" E, 1244.42 feet along the
north line of Section 25 to a point on the
west line of the sanitary sewer easement
recorded in Book 1053, Page 40, of the
Johnson County Recorder's records;
thence S 0'09'02" E, 1618.31 feet along said
west line;
thence S 76' 51'50" W, 135.62 feet;
thence S 50'55'36" W, 231.50 feet;
thence S 41 '54'27" W, 388.36 feet;
thence S 32' 46'33" W, 698.64 feet to a point
on the south line of the Northwest Quarter
of Section 25;
thence S 88' 50'25" W, 292.04 feet to the
West Quarter Corner of Section 25;
thence NO' 08' 49" W, 2641.60 feet to the
Point of Beginning.
Said tract contains 61.963 Acres, more or less.
RM-12, Low Density MUltl.Famlly Residential:
A tract of land in the Northeast Quarter of the
Southeast Quarter and the Southeast Quarter
of the Northeast Quarter of Section 26,
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the northwest corner of the
Northeast Quarter of the Southeast Quarter
of Section 26;
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Ordinance No. 94- 3635
Page 3
thence N 0 '1 0'51" W, 16.50 feet;
thence N 89' 21 '53" E, 660.00 feet parallel to
and 16.50 feet north of the north line of said
Quarter Quarter; ,
thence S 0'10'51" E, 676.52 feet;
thence S 89' 21 '53" W, 660.00 feet to a point
on the west line of said Quarter Quarter;
thence N 0 '1 0'51" W, 660.02 feet to the
Point of Beginning.
Said tract contains 10.250 Acres, more or less.
RM.20, Medium Density Multi-Family
Residential:
A tract of land in the west one-half of the
Southeast Quarter of Section 24, except the
East. 660.05 feet thereof, lying south of
Highway 6 and the East 25 feet of the
Southwest Quarter of Section 24 lying south of
Highway 6 in Township 79 North, Range 6
West of the Fifth Principal Meridian, described
as:
Beginning at the northeast corner of Bon-Aire
Mobile Home Park according to the survey
recorded in Plat Book 2, Page 127, of the
Johnson County Recorder's records, said
point being located on the southerly
right-of-way of Highway 6 and the west line
of the East 25 feet of the Southwest Quarter
of Section 24;
thence following said right-of-way
southeasterly 330.76 feet along a 5789.58
foot radius curve, concave northeasterly,
with a central angle of 3 '16'24" to a point
that lies S 58'45'25" E, 330.72 feet from
the last described point;
thence following said right-of-way S
61'02'56" E, 465.18 feet to a point on the
west line of the East 660.05 feet of the
west half of the Southeast Quarter of
Section 24;
thence.S 0'08'32" W, 987.08 feet to a point
on the west line of said East 660.05 feet;
thence N 89'51'28" W, 343.80 feet;
thence N 0'08'32" E, 461.22 feet;
thence S 89' 56' 44" W, 343.82 feet to a point
on the west line of said East 25 feet of the
Southwest Quarter;
thence N 0'03'16" W, 922.03 feet to the
Point of Beginning.
Said tract contains 15.000 Acres, more or less.
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Ordinance No. 94-3635
Page 4
RFBH, Factory Built Housing Residential:
A tract of land in the Northwest Quarter of
Section 25; the west one-half of the Northeast
Quarter of Section 25, except the East 660.05
feet; the west one-half of the Southeast
Quarter of Section 24, except the East 660.05
feet thereof, lying south of Highway 6; and the
East 25 feet of the Southwest Quarter of
Section 24 lying south of Highway 6, all in
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the southeast corner of Bon-Aire
Mobile Home Park according to the survey
recorded in Plat Book 2, Page 127, of the
Johnson County Recorder's records, said
point is on the west line of the East 25 feet
of the Southwest Quarter of Section 24 and
on the north line of Section 24;
thence NO' 03' 16" W, 709.17 feet along said
west line;
thence N 89' 56' 44': E, 343.82 feet;
thence S 0'08'32" W, 461.22 feet;
thence S 89'51'28" E, 343.80 feet to a point
on the west line of the East 660.05 feet of.
the west half of the Southeast Quarter of
Section 24;
thence SO' 08'32" W, 242.42 feet to the
northwest corner of the East 660.05 feet of
the west half of the Northeast Quarter of
Section 25;
thence SO '08'32" W, 1545.16 feet along the
west line of said East 660.05 feet;
thence S 67'52'28" W, 712.44 feet;
thence N 68'32'17" W, 374.14 feet;
thence N 75 '02'01" W, 539.39 feet;
thence S 76' 51 '50" W, 526.28 feet to a point
on the west line of the sanitary sewer
easement recorded in Book 1053, Page 40,
of the Johnson County Recorder's records;
thence N 0'09'02" W, 1618.31 feet along
said west line to a point on the north line of
Section 25;
thence N 88' 21 '05" E, 75.03 feet along said
north section line to the southwest corner of
said Bon-Aire Mobile Home Park;
thence N 88' 36' 12" E, 1290.05 feet to the
Point of Beginning.
Said tract contains 84.331 Acres, more or less.
RR-1, Rurel Resldentlel:
A tract of land in the Southwest Quarter of the
Northeast Quarter of Section 25 except the
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Ordinance No.
Page 5
94-3635
East 660.05 feet thereof; the South Half of the
Northwest Quarter of Section 25; the North
Half of the Southwest Quarter of Section 25;
the Southwest Quarter of the Southwest
Quarter of Section 25; and the East Half of the
Southeast Quarter of Section 26, all in
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as: ,
Beginning at the Center of Section 25;
thence S 0'08'41. W, 1339.94 feet to the
southeast corner of the North Half of the
Southwest Quarter of Section 25;
thence S 88' 50'25. W, 1320.88 feet to the
northeast corner of the Southwest Quarter
of the Southwest Quarter of Section 25;
thence S 1'09'35" E, 1320.00 feet to the
southeast corner of the Southwest Quarter
of the Southwest Quarter of Section 25;
thence S 88'50'23" W, 1319.12 feet to the
southwest corner of Section 25;
thence S 89'09'38" W, 765.80 feet along the
south line of Section 26 to a point on the
west line of the sanitary sewer easement
described in Book 1049, Page 346, of the
Johnson County Recorder's records;
thence N 25' 23'09" E, 1380.95 feet along
said west line to the south line of the
property described in Book 1164, Page 148,
of the Johnson County Recorder's records;
thence NO' 59'39" W, 584.99 feet to the
north line of said property;
thence N 89'00'21" E, 290.14 feet along the
north line of said property to the west line of
the above mentioned sanitary sewer
easement;
thence N 25' 23'09" E, 607.16 feet along said
west line;
thence N 9'25'49" E, 276.74 feet along said
west line;
thence N 38 '18'20" E, 26.90 feet along said
west line to the north line of the North Half
of the Southwest Quarter of Section 25;
(this point is S 88' 50'25" W, 2181.24 feet
from the Point of Beginning and N
88'50'25. E, 432.77 feet from the West
Quarter Corner of Section 251
thence S 88'50'25" W, 140.73 feet along
said north line;
thence N 32' 46'33. E, 698.64 feet;
thence N 41 '54'27" E, 388.36 feet;
thence N 50'55'36" E, 231.50 feet;
thence N 76'51'50" E, 661.90 feet;
thence S 75 '02'01" E, 539.39 feet;
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Ordinance No. 94-3635
Page 6
thence S 68'32'17" E, 374.14 feet;
thence N 67' 52'28" E, 712.44 feet to a point
on the west line of the East 660.05 feet of
the Southwest Quarter of the Northeast
Quarter of Section 25;
thence S 0'08'32" W, 1104.43 feet to the
southwest corner of said East 660.05 feet;
thence S 88'50'25" W, 667.08 feet to the
Point of Beginning,
Said tract contains 191.409 Acres, more or
less.
and ID-RM, Interim Development Multi-Family
Residential:
A tract of land in the East Half of the
Southeast Quarter of Section 26 and the
. Northwest Quarter of the Southwest Quarter of
Section 25, and the Southeast Quarter of the
Northwest Quarter of Section 26, all in
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the East Quarter Corner of Section
26;
thence N 88'50'25" E, 432.77 feet along the
north line of the Northwest Quarter of the
Southwest Quarter of Section 25 to the
west line of the sanitary sewer easement
described in Book 1049, Page 346, of the
Johnson County Recorder's records;
thence S 38 '18'20" W, 26.90 feet along said
west line;
thence S 9'25'49" W, 276.74 feet along said
west line;
thence S 25' 23'09" W, 607.16 feet along
said west line to the north line of the
property described in Book 1164, Page 148,
of the Johnson County Recorder's records;
thence S 89'00'21" W, 290.14 feet along the
north line of said property;
thence SO' 59'39" E, 584.99 feet to a point
on the south line of said property and the
west line of the above mentioned easement;
thence S 25' 23'09" W, 1380.95 feet along
the west line of said easement to a point on
the south line of Section 26;
thence S 89' 09'38" W, 550.00 feet to the
southwest corner of the East, Half of the
Southeast Quarter of Section 26:
thence N 0'10'51" W, 2004.84 feet along the
west line of said East Half;
thence N 89'21'53" E, 660.00 feet;
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Ordinance No. 94~ 3635
Page 7
thence N 0 '10'51" W, 660.02 feet to a point
on the north line of said East Half;
thence N 0'10'51" W, 16.50 feet;
thence N 89'21'53" E, 208.79 feet parallel to
the north line of said East Half to the
northwest corner of the property described
in Book 992, Page 820, of the Johnson
County Recorder's records;
thence S 0' 38'16" E, 296.24 feet to the
southwest corner of said property;
thence N 89' 21 '53" E, 170.00 feet to the
southeast corner of said property;
thence N 0' 38'16" W, 296.24 feet to the
northeast corner of said property;
thence N 89'21'53" E, 281.26 feet parallel to
and 16.50' north of the north line of said
East Half;
thence S 0'08'49" E, 16.50 feet to the Point
of Beginning.
Said tract contains 59.589 Acres, more or less.
SECTION II. ZONING MAP. The Building
I nspector is hereby authorized and directed to
change the Zoning Map of the City of Iowa
City, Iowa, to conform to this amendment upon
final passage, approval and publication of this
Ordinance as provided by law and notification
from the city development board that the
annexation is completed.
SECTION III. CONDITIONAL ZONING
AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement
between the owners of the property and the
City, and to certify the ordinance and
Conditional Zoning Agreement for recordation
in the Johnson County Recorder's Office,
following. passage and approval, and
notification from the city development board
that the annexation is complete.
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.
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Ordinance No, 94-3635
Page 8
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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 2nd day of
August, 1994. ---
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CITY CL K .
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Approved by
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City Attorney's Offi~ I _ ;)J' _ 9Y
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It was moved by KlIhhy and seconded by
as read be adopted, and upon roll call there were:
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AYES:
NAYS:
ABSENT:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
v Throgmorton
. First Consideration ? 11 r:, Iqb.
,
Vote for passage:AYES: Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton, Baker. NAYS: None. ABSENT: None.
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Second Consideration
Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pi~ott,
Throgmorton, Baker.
Date published 8/10/94
3/1/94
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City") and Sycamore Farms Company, an Iowa General Partnership
(hereinafter "Owner").
WHEREAS, Owner has requested the City to annex and rezone approximately 422 acres of
land located south of Highway 6, east of Sycamore Street and west of Sioux Avenue, legally
described on Exhibit A, from the County designation of RS, Suburban Residential and R3A,
Multi-Family Residential, to RS-a, Medium Density Single-Family Residential, RFBH, Factory
Built Housing Residential, RM-12, Low Density Multi-Family Residential, RM-20, Medium
Density Multi-Family Residential, RR-1, Rural Residential and ID-RM, Interim Development
Residential Multi-Family; and
WHEREAS, Iowa Code ~ 414.5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting Owner's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed
rezoning is subject to the developer agreeing to pay all of the costs associated with providing
infrastructure for development of the subject tract, except for any oversized costs for an east-
west arterial street if such an arterial street is located through the development; and
WHEREAS, the City wishes to ensure the appropriate allocation and suitability of neighborhood
open space and the availability of a public school site; and
WHEREAS, the property contains wetlands, areas of hydric soils and other environmentally
sensitive features; and
WHEREAS, pursuant to the Comprehensive Plan, it is the City's policy to preserve and protect
environmentally sensitive areas; and
WHEREAS, a contractual agreement with the Iowa Department of Natural Resources (IDNR)
obligates the City to protect environmentally sensitive areas in the vicinity of the Southeast
Interceptor Sewer line from potential adverse effects of development; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are appropriate in
order to ensure appropriate urban development on the southeastern edge of Iowa City.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Sycamore Farms Company is the owner and legal title holder of the property located
south of Highway 6, east of Sycamore Street, and west of Sioux Avenue, legally
described on Exhibit A, attached hereto and incorporated by this reference.
2. The Parties acknowledge that, pursuant to the annexation policy contained in the City's
Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay
all of the costs associated with providing infrastructure for development of the subject
tract, except for any oversized costs for an east-west arterial street if such an arterial
street is to be located through the development.
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3, Owner acknowledges that the City wishes to ensure appropriate allocation of
neighborhood open space and the availability of a public school site and that it is the
City's policy and obligation to preserve and protect environmentally sensitive areas.
Therefore, Owner agrees to certain conditions over and above City regulations in order
to lessen the impact of the development on the area.
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In consideration of the City's rezoning the subject property from County RS and R3A,
Owner agrees that development and use of the subject property will conform to the
requirements of the applicable zones: RS-S, Medium Density Single-Family Residential,
RFBH, Factory Built Housing Residential, RM-12, Low Density Multi-Family Residential,
RM-20, Medium Density Multi-Family Residential, RR-1, Rural Residential and ID-RM,
Interim Development Residential Multi-Family. In addition, the development and use of
the subject property will conform to the following additional conditions:
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a. Owner will take adequate measures to protect the area and natural features
generally described as the "Snyder Creek Bottoms" from any adverse effects
from development of adjacent areas. Owner shall specify the protection
measures in mitigation plans as required in subsections band c below. Owner
must prepare the mitigation plans at its sole expense and the plans must receive
City approval.
b,
Owner will initially submit a general concept plan for the entire subject property
entitled 'Wetlands Mitigation Report for Sycamore Farms Development". This
mitigation plan will provide a general outline of the Owner's protection measures
including but not limited to storm water management. The general mitigation
plan must also include a concept plan for a trail or walkway system within the
"Snyder Creek Bottoms".
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c,
With each preliminary plat, Owner will submit a specific mitigation plan for the
platted area, This specific mitigation plan must contain the engineering details
for the mitigation and protection measures for the platted area, including but not
limited to design details, specifications, and materials. The specific details
regarding the location and construction of the trail system must be included in
the mitigation plan for each platted area,
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d.
Owner shall construct the trail or walkway system when either 50% of the
property in the RS-S and RFBH zones has developed or when the ID-RM area
is rezoned, whichever occurs first.
e. Preservation of the "Snyder Creek Bottoms" via the establishment of a
conservation easement approved by the City.
f.
Owner will establish a 100 foot no-build buffer zone around all jurisdictional
wetlands located outside of the conservation easement, except those for which
mitigation is approved, as set forth in the conservation easement. Owner will
also establish a 100 foot no-build buffer zone around all jurisdictional wetlands
located within the conservation easement and within 100 feet of the conservation
easement boundary.
g.
Owner shall inventory and document the jurisdictional wetlands, other
conservation values and the location of existing farming activities in the "Snyder
Creek Bottoms". The City must approve said inventory and documentation,
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h. Owner shall dedicate neighborhood open space to the City or pay fees in lieu
of dedication. The amount of open space Owner must dedicate shall be based
on the formula contained in the neighborhood open space plan.
i. Owner shall grant a pedestrian access easement over the existing Southeast
Interceptor Sanitary Sewer easement or in an altemative location, approved by
the City, to connect the trails within the Whispering Meadows Subdivision and
the City-owned property to the south of the Sycamore Farms property.
j, Owner shall covenant with the City to reserve fifteen acres to be used for
construction of a public school. Owner, the City and the Iowa City Community
School District shall negotiate the location of the parcel for the potential school
site, Owner will retain possession of the parcel until the parcel may be
conveyed to the Iowa City Community School District as described herein. The
covenant will run with the title to that parcel which shall be designated a
"potential school site" on the Final Plat. This covenant shall remain in effect until
released of record by the City as set forth herein.
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If the Iowa City Community School District decides to use the site and applies
for a Building Permit to build a school on the designated parcel within fifteen (15)
years from the date the parties execute this Conditional Zoning Agreement,
Owner shall convey the site to the School District. If the School District has not
applied for a Building Permit within fifteen (15) years from the date the parties '0
execute this Conditional Zoning Agreement, the covenant will expire and the use
of the parcel shall revert to the Owner. At that time, the City will execute a
release of the covenant so that the covenant will not constitute a lien and cloud
on the title to the parcel. That release will be recorded in the Johnson County
Recorder's Office at Owner's expense.
If during the time period the covenant is in effect, the City enacts an Ordinance
requiring the payment of a School Impact Fee as part of the Final Plat approval
process, Owner will pay the required fees for those subdivision parts which have
not yet received Final Plat approval. No impact fees shall be paid for those
subdivision parts which have already received Final Plat approval at the time of
the enactment of the impact fee ordinance. However, if the School District uses
the site to construct a school and accepts conveyance of the site, the City and/or
the School District will rebate to the Owner all fees previously paid and Owner
shall not be required to pay any additional impact fees for subdivision parts
which may subsequently be submitted for final plat approval. If at any time
during the fifteen (15) years following execution of this Conditional Zoning
Agreement, the School District determines that the reserved site will not be used
for a public school, the School District will notify the City and Owner, and the
City will execute a release of the covenant upon receipt of written notice that
Owner has paid the required impact fees, if any.
Owner shall pay all costs associated with providing infrastructure for
development of the subject tract, including oversized costs, except for the
oversized costs for an east-west arterial street if such an arterial street is located
through the development.
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5.
The Owner acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~ 414.5 (1993), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform wiih the terms of this
Agreement.
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The Parties that this Agreement shall be deemed to be a covenant running with the land
and with title to the land, and shall remain in full force and effect as a covenant running
with the title to the land unless or until released of record by the City. The Parties
further acknowledge that this Agreement shall inure to the benefit of and bind all
successors, representatives and assigns of the Parties.
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8. Owner acknowledges that nothing in this Agreement shall be construed to relieve the
applicant from complying with all applicable local, state and federal regulations.
9.
The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office.
Dated this \ S day of
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By
SYCAMORE FARMS COMPANY
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Stephen F. Brtg'ht,
General Partner
CITY OF IOWA CITY
By
Attest: ~.,f ~~
Marian K. Karr, City Clerk
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Approved by:
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STATE OF IOWA )
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JOHNSON COUNTY )
On this 2. ~ day of A~d , 1994, before me, ~oryojro..e....
~..-I- , a Notary Public in nd for the State of Iowa, personally appeared Susan M.
Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly swom, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the
seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council,
as contained in Ordinance No. 174- 3b3S passed by the City Council on the l. >d..
day of Au~u.~ ,19 '1-1 ,and that .s....s<:n. JIL1+or~;end Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed,' ,
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Notary Public in and for the State of Iowa
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STATE OF IOWA )
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JOHNSON COUNTY )
'On this 12 day of IihV'ltMVl , 1994, before me the undersigned, a Notary Public in
and for said State, personally appeared Stephen F. Bright who being by me duly sworn did say
that he is a partner of Sycamore Farms Company, an Iowa General Partnership, and that the
instrum.!lnt was signed on behalf of said partnership by authority of its partners; and that
Stephen F; Bright acknowledges the execution of the instrument to be the voluntary act and
deed of Sycamore Farms Company and by said partnership to be voluntarily executed.
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EXHIBIT A
SYCAMORE FARMS COMPANY ZONING
RM-20
A tract of land in the west one-half of the Southeast Quarter of Section 24, except the East 660.05
feet thereof, lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24
lying south of Highway 6 In Township 79 North, Range 6 West of the Fifth Principal Meridian,
described as: '
Beginning at the northeast corner of Bon-Alre Mobile Home Park according to the survey recorded
In Plat Book 2, Page 127, of the Johnson County Recorder's records, said point being located
on the southerly right-of-way of Highway 6 and the west line of the East 25 feet of the
. Southwest Quarter of Section 24;
thence following said right-of-way southeasterly 330.76 feet along a 5789.58 foot radius curve,
concave northeasterly, w~h a central angle of 3 '1.6'24' to a point that lies S 58' 45'25' E,
330.72 feet from the last described point;
thence following said right-of-way S 61 . 02'56' E, 465.18 feet to a point on the west line of the East
660.05 feet of the west half of the Southeast Quarter of Section 24;
thence SO' 08'32" W, 987.08 feet to a point on the west line of said East 660.05 feet;
thence N 89' 51 '28' W, 343.80 feet;
,thence NO' 08'32' E, 461.22 feet;
thence S 89' 56'44" W, 343.82 feet to a point on the west line of said East 25 feet of the Southwest
Quarter;
thence N 0'03'16" W, 922.03 feet to the Point of Beginning.
Said tract contains 15.000 Acres, more or less.
RFBH
A tract of land in the Northwest Quarter of Section 25; the west one-half of the Northeast Quarter
of Section 25, except the East 660.05 feet; the west one-half of the Southeast Quarter of Section
24, except the East 660.05 feet thereof, lying south of Highway 6; and the East 25 feet of the
Southwest Quarter of Section 24 lying south of Highway 6, all in Township 79.North, Range 6
West of the Fifth Principal Meridian, described as:
Beginning at the southeast corner of Bon-Aire Mobile Home Park according to the survey recorded
In Plat Book 2, Page 127, of the Johnson County Recorder's records, said point Is on the west
line of the East 25 feet of the Southwest Quarter of Section 24 and on the north line of Section
24;
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thence N 0'03'16" W, 709.17 feet along said west line;
thence N 89' 56'44" E, 343.82 feet;
thence SO' 08'32" W, 461.22 (eet;
thence S 89' 51 '28" E, 343.80 feet to a point on the west line of the East 660.05 feet of the west half
of the Southeast Quarter of Section 24;
thence SO' 08'32; W, 242.42 feet to the northwest corner of the East 660.05 feet of the west half of
the Northeast Quarter of Section 25;
thence SO' 08'32' W, 1545.16 feet along the west line of said East 660.05 feet;
thence S 67' 52'28" W, 712:44 feet;
thence N 68'32'17' W, 374.14 feet;
thence N 75' 02'01" W, 539.39 feet;
thence S 76' 51 '50" W, 526.28 feet to a point on the west line of the santtary sewer easement
recorded in Book 1053, Page 40, of the Johnson County Recorder's records; ,
thence N 0'09'02" W, 1618.31 feet along said west line to a point on the north line of Section 25;
thence N 88' 21 '05' E, 75.03 feet along said north section line to the southwest corner of said
Bon-Aire Mobile Home Park;
thence N 88' 36'12" E, 1290.05 feet to the Point of Beginning.
Said tract contains 84.331 Acres, more or less.
RS-8
A tract of land In the west half of the Northwest Quarter of Section 25, Township 79 North, Range
6 West of the Fifth PrinclR?1 Meridian, described as: '
Beginning at the northwest corner of Section 25;
thence N 88 . 21 '05" E, 1244.42 feet along the north line oi Section 25 to a point on the west line of
the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County
, Recorder's records;
thence S 0'09'02" E, 1618.31 feet along said west line;
thence S 76' 51 '50' W, 135.62 feet;
thence S 50' 55'36" W, 231.50 feet;
thence S 41' 54'27' W, 388.36 feet;
Page 2
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thence S 32' 46'33" W, 698.64 feet to a point on the south line of the Northwest Quarter of Seclion
25;
thence S 88' 50'25" W, 292.04 feet to the West Quarter Corner of Seclion 25;
tnence NO' 08'49" W, 2641.60 feet to the Point of Beginning.
Said tract contains 61.963 Acres, more or less.
RR-I
A tract of land in the Southwest Quarter of the Northeast Quarter of Section 25 except the East 660.05
feet thereof; the South Half of the Northwest Quarter of Seclion 25; the North Half of the Southwest
Quarter of Section 25; the Southwest Quarter of the Southwest Quarter of Section 25; and the East Half
of the Southeast Quarter of Seclion 26, all in Township 79 North, Range 6 West of the Fifth Principal
Meridian, described as:
Beginning at the Ce,nter of Seclion 25;
thence S 0'08'41" W, 1339,94 feet to the southeast corner of the North Half of the Southwest
Quarter of Section 25;
thence S 88' 50'25" W, 1320.88 feet to the northeast corner of the Southwest Quarter of the
Southwest Quarter of Section 25;
thence S 1 . 09'35" E, 1320:00 feet to the southeast corner of the Southwest Quarter of the
Southwest Quarter of Section 25;
thence S 88' 50'23" W, 1319.12 feet to the southwest corner of Section 25;
thence S 89' 09'38" W, 765.80 feet along the south line of Section 26 to a point on the west line of
the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County
Recorder's records;
thence N 25' 23'09" E, 1380.95 feet along said west line to the south line of the property described
in Book 1164, Page 148, of the Johnson County Recorder's records; .
thence NO' 59'39" W, 584.99 feet to the north line of said property;
thence N 89' 00'21" E, 290.14 feet along the north line of said property to the west line of the above
menlioned sanitary sewer easement;
thence N 25 '23'09" E, 607.16 feet along said west line;
thence N 9'25'49" E, 276.74 feet along said west line;
,
thence N 38 '18'20" E, 26.90 feet along said west line to the north line of the North Half of the
Southwest Quarter of Section 25; (this point Is S 88' 50'25" W, 2181.24 feet from the Point of
Beginning and N 88' 50'25' E, 432.n feet from the West Quarter Corner of Section 25)
Page 3
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thence S 88' 50'25" W, 140.73 feet along said north line;
thence N 32' 46'33" E, 698.64 feet;
thence N 41 . 54'27" E, 388.36 feet;
thence N 50 . 55'36" E, 231.50 feet;
thence N 76' 51 '50' E, 661,90 feet;
-
thence S 75' 02'01" E, 539.39 feet;
thence S 68' 32'17" E, 374.14 feet;
thence N 67' 52'28' E, 712.44 feet to a point on the west line of the East 660.05 feet of the
Southwest Quarter of the Northeast Quarter of Section 25;
thence SO' 08'32" W, 1104.43 feet to the southwest corner of said East 660.05 feet;
thence S 88' 50'25' W, 667.08 feet to the Point of Beginning.
Said tract contains 191.409 Acres, more or less.
ID-RM
, '
A tract of land in the East HaH of the Southeast Quarter of Section 26 and the Northwest Quarter of the
Southwest Quarter of Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26,
all in Township 79 North, Range 6 West of the F'rfth Principal Meridian, described as: .
Beginning at the East Quarter Corner of Section 26;
thence N 88' 50'25" E, 432.77 feet along the north line of the Northwest Quarter of the Southwest
Quarter of Section 25 to the west line of the sanitary sewer easement described in Book 1049,
Page 346, of the Johnson County Recorder's records; ,
thence S 38 '18'20" W, 26.90 feet along said west line;
thence S 9' 25'49" W, 276.74 feet along said west line;
thence S 25 '23'09" W, 607.16 feet along said west line to the north line of the property described
in Book 1164, Page 148, of the Johnson County Recorder's records;
thence S 89'00'21" W, 290.14 feet along the north line of said property;
thence SO' 59'39" E, 584,99 feet to a point on the south line of said property and the west line of
the above mentioned easement;
thence S 25' 23'09' W, 1380.95 feet along the west line of said easement to a point on the south
line of Section 26;
Page 4
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thence S 89' 09'38" W, 550.00 feet to the southwest corner of the East Half of the Southeast
Quarter of Section 26;
thence N 0 '10'51" W, 2004.84 feet along the west line of said East Half;
thence N 89' 21 '53" E, 660.00 feet;
thence N 0 '10'51" W, 660.02 feet to a point on the north line of said East Half;
thence N 0'10'51" W, 16.50 feet;
thence N 89' 21'53" E, 208.79 feet parallel to the north line of said East Half to the northwest corner
of the property described in Book 992, Page 820, of the Johnson County Recorder's records;
thence SO' 38'16" E, 296.24 feet to the southwest corner of said property;
thence N 89' 21 '53" E, 170.00 feet to the southeast corner of said property;
thence NO' 38'16" W, 296.24 feet to the northeast corner of said property;
"
thence N 89' 21 '53" E, 281.26 feet parallel to and 16,50' north of the north line of said East Half;
thence SO' 08'49" E, 16.50 feet to the Point of Beginning.
Said tract contains 59,589 Acres, more or less.
RM-2
A tract of land in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the
Northeast Quarter of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian,
described as:
Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 26;
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thence N 0'10'51" W, 16.50 feet;
thence N 89' 21'53" E, 660.00 feet parallel to and 16,50 feet north of the north line of said Quarter
Quarter;
thence SO' 10'51" E, 676.52 feet;
thence S B9' 21 '53" W, 660.00 feet to a point on the west line of said Quarter Quarter;
thence NO' 10'51" W, 660.02 feet to the Point of Beginning.
Said tract contains 10.250 Acres, more or less.
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marshablsycamore,frm\ordlegal
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(21 City Plaza. Projects designated as requiring design review by Chapter 9.1, City
Plaza Ordinance, Iowa City Code of Ordinances and public improvements to
City Plaza.
Ordinary maintenance or repair that does not involve changes in architecture and
general design, arrangements, texture, material, or color are exempted.
:i,
I,
(b)
The City Council may request advice and recommendations from the Design Review
Committee on projects located outside of designated areas,
~c)
Property owners in the CB-10, CB-5 and CB-2 zones may request advice from the
Design Review Committee, but such advice shall be purely advisory.
,',
Sec. 27-93. Procedures
';
(a) Initiatinq review. Prior to issuance of a sign permit for an exterior sign or of a building
permit to alter the exterior of an existing structure subject to the design review process
or to construct a new building that is subject to the design review process, the project
shall require the review of the Design Review Committee and the approval of the City
Council.
(bl
Desiqn quidelines for review of applications. Design guidelines adopted by the Design
Review Committee and the City Council, and found in Sec. 27-95 of this Article shall
apply.
"
(cl Review process:
(11
Preliminary review. Prior to application for a permit, the applicant may request
preliminary review by the Design Review Committee to discuss basic intentions
and plans before investing time in detailed designs. This step is optional but
recommended for large or complex projects. The applicant is encouraged, but
not required, to submit the application materials listed in Sec. 27-94 of this
Article
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(2)
Final application and review.
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a. Aoolication submission. Prior to or upon submittal of an application for
a sign permit for an exterior sign or for a building permit to alter the
exterior of an existing structure or to construct a neW building, any of
which require design review approval as designated in Sec. 27-92 of
this Article, a design review application shall be submitted to the De-
partment of Housing and Inspection Services for design review approv-
al. The Department will forward the application to the Design Review
Committee staff person within two (21 working days after the Depart-
ment receives the completed application.
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Within thirty days (301 of submission of the application materials, the
Design Review Committee shall make a recommendation to the City
Council, or the application shall be deemed as receiving a recommenda-
tion of approval from the Design Review Committee; provided, however,
that the applicant may agree to an extension of time,
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majority of votes cast at any meeting at which . quorum is present shall
be decisive of any recommendation. The Com ittee shall then forward
its recommendation to the City Council.
c. Citv Council review. The City Council sha , after receipt of the recom-
mendation of the Committee, or after the ime of any extension thereof
has passed for the Committee to file t ir recommendation, make ap-
proval or rejection of the application. the City Council votes contrary
to the Committee's recommendation t shall require the affirmative vote
of five (5) members of the City Co ncil to constitute City Council ap-
proval. The City Council's finding on each application shall be set forth
in a written resolution, to be file In the office of the City Clerk as public
record.
(3) Revision to Approved Design Plan .
If the build in application deviate from approved design plans, the Department
of Housing an Inspection Serv' es shall inform the Design Review Committee
staff person w shall then de ermine if the proposed changes are substantive.
Substantive cha ges to ap roved design plans require submittal of those
changes to the D sign Re ew Committee and the steps of this section fol-
lowed.
Sec. 27-94.
, I
(a) Preliminar review submitt re uirements. Preliminary submittals may contain any
elements called for in th final pplication submittal section, at the option of the
applicant.
(b) Final a lication and r. view submi al re uirements. The following are submittal
requirements for all pr. jects subject t design review. Ten copies of all drawings and
written materials mu t be submitted al g with the design review application. These
drawings may be d sign drawings, tho h construction (working) drawings may be
substituted for de ign drawings. All su ittal documents should follow accepted
conventions of dr. wing namely all drawing should be clearly labeled, scales shown,
north arrow on ans, clear and readable line ork, and should be as clear as possible.
In addition to t e following submittal requirem nts, each application shall contain the
name and ad esS of the applicant, address of e project, name and address of the
property ow er, a project description, and a proje time schedule. Proposals shall not
be presente open-ended, and neither staff nor Desl n Review Committee shall design
the project
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(1)
S' e analysis & site plan. The following informatio
more drawings, accompanied by photographs or
e needed.
must be presented on one
'tten description as may
Existing site condition information. Site boundaries with dimensions;
building setback lines and easements; existing streets, sidewalks and
public rights-of-way; existing structures and other significant built im-
provements.
b. Site and neighboring environment. Provide photographs of the existing
site and site conditions on adjacent properties within 100 feet of pro-
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ORDINANCE NO. I
N ORDINANCE TO AMEND CHAPTER 27, IOWA CITY CODE OF ' RDINANCES, 'PLANNING'
B ADDING ARTICLE VI, DESIGN REVIEW.
WHEREAS, the City of Iowa City continues to carr out an urban renewal project
known s Iowa R-14, and
EREAS, the City of Iowa City established a desi n review process when evaluating
projects 'thin the urban renewal area, and
WH EAS, the City of Iowa City deems it ne essary and appropriate to establish
formal desig review procedures and guidelines to us when evaluating projects within the
urban renewal area and to assist the City of low City with other urban design related
projects.
NOW, TH EFORE, BE IT ORDAINED BY T E CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. A ENDMENT. That Chapte 27 of the Iowa City Code of Ordinances is
amended by the adopt n of the following new article:
Sec. 27-91.
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ARTICLE VI.
The purpose of this article is to:
(a) Promote the public health, s fe and general welfare of the citizens of the City.
(b)
Promote orderly community gr th, protect and enhance property values, and encour-
age both harmonious and inn va ~e design.
Protect and enhance the cial, c~ tural, economic, environmental, and aesthetic
development of the comm nity.
(c)
(d)
Recognize environmenta and aesthetic . esign as an integral part of the planning
process.
: ,~
(e)
Recognize that land us regulations aimed at t se objectives provide not only for the
health, safety and ge eral welfare of the citiz ns, but also for their comfort and
prosperity, and for th beauty and balance of the ommunity. These objectives are,
therefore, the proper and necessary concerns of 10 I government.
Sec. 27-92. Applicability
fa)
The City Council s all designate, by ordinance, areas of t City as areas subject to
design review. Pr jects located in the following areas and ich include any exterior
alterations or ne construction visible from a public right-of- ay shall be subject to
the design revie process:
( 1)
Urban Re ewal Project, Iowa R-14. Exterior alterations or ew construction
occurring on all parcels that were acquired and/or disposed 0 by the City of
Iowa City as part of the urban renewal project known as low ~-14. Also,
public right-of-way improvements occurring within and adjacent tb.the urban
renewal area designated as Urban Renewal Project, Iowa R-14.
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(2) City Plaza. Projects designated as requiring design review by Chapter 9.1, City
Plaza Ordinance, Iowa City Code of Ordinances and public improvements to
City Plaza.. /
Ordinary maintenance or repair that does not involve changes in arc.p~re and
g~eral design, arrangements, texture, material, or color are exempt do
(b) Pro~i~ions of this section do not prohibit the City Council from r uesting advice and
reCOrTI:!ndations from the Design Review Committee on proj ts located outside of
designa ,ed areas.
Sec. 27-93. Proc dures
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Initiatin revie . Prior to issuance of a sign permi~f an exterior sign or of a building
permit to alter t~ exterior of an existing structure s ject to the design review process
or to construct a ~~w building that is subject to t design review process, the project
shall require the re~S'ew of the Design Review mmittee and the approval of the City
Council.
Desi n uidelines for re 'ew of a Iicatio . Design guidelines adopted by the Design
Review Committee and t e City Council and found in Sec. 27-95 of this Article shall
apply.
:
,
I I
Review orocesS:
(1) Preliminary review. Prio 0 application for a permit, the applicant may request
preliminary review by t esign Review Committee to discuss basic intentions
and plans before inve ting ime in detailed designs. This step is optional but
recommended for lar. e or co plex projects. The applicant is encouraged, but
not required, to su mit the a Iication materials listed in Sec. 27-94 of this
Article
(21
,
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a.
A Ii ation submission. Prior 0 or upon submittal of an application for
a si permit for an exterior s n or for a building permit to alter the
ex rior of an existing structure r to construct a neW building, any of
w ich require design review app val as designated in Sec. 27-92 of
t is Article, a design review applic tion shall be submitted to the De-
artment of Housing and Inspection {lrvices for design review approv-
al. The Department will forward the ~ plication to the Design Review
Committee staff person within two (2) orking days after the Depart-
ment receives the completed application.
b.
Within thirty days (30) of submission of th application materials, the
Design Review Committee shall make a rec mendation to the City
Council, or the application shall be deemed as r eiving a recommenda-
tion of approval from the Design Review Committ ~. provided, however,
that the applicant may agree to an extension of ti e.
Committee review. The Committee's findings on eac \application shall
be set forth in a formal motion either recommending a~proval, recom-
mending approval with conditions, or recommending disapproval. A'
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majority of votes cast at any meeting at which a quorum is present shall
be decisive of any recommendation. The Committee shall t en forward
its recommendation to the City Council.
Citv Council review. The City Council shall, after r ceipt of the recom-
mendation of the Committee, or after the time of ny extension thereof
has passed for the Committee to file their re mmendation, make ap-
roval or rejection of the application. City C ncil approval of the plans
all require a majority of votes cast at an meeting at which a quorum
is ~ esent. The City Council's findings each application shall be set
fort in a written resolution, to be file m the office of the City Clerk as
public ecord.
If the building applic tion deviates fr approved design plans, the Department
of Housing and Inspe lion Services hall inform the Design Review Committee
staff person who shall ~n deter ne if the proposed changes are substantive.
Substantive changes to appro d design plans require submittal of those
changes to the Design R vie Committee and the steps of this section fol.
lowed.
,
(3) Revisions to Ap oved Design Plans.
(a) Preliminar review submittal r uireme s. Preliminary submittals may contain any
elements called for in the fi I applicatl n submittal section, at the option of the
applicant.
I
Sec. 27-94. Submittal requirements
A," '
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(b) Final a Iication and revi w submittal re UI ments. The following are submittal
requirements for all proje ts subject to design r view. Ten copies of all drawings and
written materials must e submitted along with e design review application. These
drawings may be desi n drawings, though const ~ction lworking) drawings may be
substituted for de~i drawings. All submittal d~ uments should follow accepted
conventions of dra mg namely all drawings should e clearly labeled, scales shown,
north arrow on pia s, clear and readable linework, an should be as clear as possible.
In addition to the / ollowing submittal requirements, eac application shall contain the
name and address of the applicant, address of the proje t, name and address of the
property owne , a project description, and a project time sc edule. Proposals shall not
be presented 'pen-ended, and neither staff nor Design Revie Committee shall design
the project.
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(1) Sit analysis & site plan. The following information must e presented on one
or. more drawings, accompanied by photographs or written
e needed.
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Existing site condition information. Site boundaries wit dimensions;
building setback lines and easements; existing streets, si~alks and
public rights-of-way; existing structures and other significan built im-
provements.
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Site and neighboring environment. Provide photographs of the existing
site and site conditions on adjacent properties within 100 feet of pro-
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posed changes. Include photos of views to and outlooks from the site.
Clearly label each photograph.
Proposed boundaries and public improvements. Show ite boundaries,
building setback lines, public streets and sidewal ,other proposed
public improvements (curbs, gutters, curb cuts), i cluding dimensions.
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d. Proposed streets, driveways, sidewalks and arking areas within the
ite. Include dimensions of parking areas d width of streets, drive-
{lYs, and sidewalks. Show location an label materials of areas for
spe~al paving such as walkways, court ards, patios, and arcades.
For p~ ing areas show layout of sp es, areas of landscaping, dimen-
sions of aces and aisles, arrows i (licating direction of flow and num-
bers for p king spaces.
e. Proposed str tures. Show 10 tion and dimensions with respect to lot
lines, including ences, walls d accessory buildings proposed and also
including height of fences nd walls.
f.
(2) Landscaping plan
Show at same scale as Sit Pia This may be combined with the Site Plan in
Subsection (1) above, as ong as all site plan elements and landscaping ele-
ments are easily discerni Ie.
a.
b.
(3)
a.
b.
c.
d.
e.
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Existing trees f' e (5) inches
disposition, i. ., to be retaine
diameter of e ch.
more in diameter with their proposed
or removed. Give species and trunk
Location, s ecies names, including ommon and Latin names and size
of all neW plant materials at plantin allon or box size. Use symbols
and a Ie nd as necessary. Ground c ver may be indicated in mass.
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Sho all project elevations visible from publ right-of-way or sidewalk.
No all finish materials on drawings and pro '~color samples.
Di ens ions of building heights from finish grad
imensions of all exterior walls and fences, inclu i g heights.
Location, type and size of signs.
Location of mechanical equipment, roof equipment, elec ical transform-
ers and solar panels, including means of screening roof
i
S ctions
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Provide at least one sectional drawing at a suitable scale to show relati Qship
of buildings to the site, public street and parking area. '
(4)
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Provide a scaled drawing of each proposed ign with exterior dimensions and
mounting height. Give total area of each Ign.
a. Draw or provide sample of lett s and logos, and the full message to
appear on the sign.
Describe materials and colors of background and letters.
Give means and magnitude f illumination.
Provide site lighting plan, w ch can be combined with other required docu-
ments, in 'cating location, t pe, fixture height, power rating and shielding
methods. ow elevation awing or manufacturer's photo of each fixture,
including its terial and c lor.
(6)
(71
Additional informatio drawings or other materials necessary to describe the
project may be reque ed by the Design Review Committee staff person or
Design Review Com Itt depending on the nature of the project or site. The
applicant may inclu e ad 'tional information or materials such as sketches,
videos, models or otos if ey help explain the proposal.
The Design Revie Committee aft person may, in the staff's discretion, waive
any of the submi tal requirement if the nature of the project warrants.
Sec. 27-95. Guidelines
When reviewing a project s bject to design review, tli Design Review Committee and City
Council shall adhere to the ollowing guidelines. In no c e may these guidelines be used to
attempt to replace or over ide the requirements of the 10 City Zoning Ordinance.
Compati llity: Harmony in the appearance of two or ore buildings, structures,
and lai: cape developments along the same streets pe.
Harmo y: An aesthetically pleasing image resulting fro an arrangement of
vario architectural and landscape elements.
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(3)
Lan scape: Elements of nature, topography, buildings, and 0
obj cts viewed in relation to one another.
S ale: The relationship of the size of elements to one another a
uman figure.
Streetscape: The scene of a public street or way composed of natural .;nd
man-made elements, including buildings, paving, plantings, streetfurniture, and'....,
miscellaneous structures. '
(4)
(5)
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ORDINANCE NO.
AN ORDINANCE REESTABLISHING THE HIS-
TORIC PRESERVATION COMMISSION AND
SPECIFYING THAT APPEALS OF DECISIONS
OF THE COMMISSION SHALL BE MADE TO
THE CITY COUNCIL.
"
WHEREAS, the Code of Iowa requires that
m nicipal historic preservation commissions be
es blished by ordinance; and
EREAS, the Code of the State of Iowa
requi es that appeals of decisions of the histor.
ic pre ervation commissions be made to the
governi g body; and
WHER AS, the recently adopted Code of
Ordinance of the City of Iowa City is inconsis
tent with t e Code of Iowa in this regard.
NOW, TH EFORE, BE IT ORDAINED BY HE
CITY COUN ~F THE CITY OF lOW ITY,
IOWA:
SECTION I. . ENDMENTS. Titl 14, The
Unified Develop ent Code, Chap r 4, entitled
"Land Control a Developme," Article C,
entitled "Historic fservation egulations," of
the Code of Ordi a~ces of he City of Iowa
City, Iowa, be and ,1\ sa is hereby amended
by adopting the fol i Article C, "Historic
Preservation Regula s" which supersedes
the previously adopt ticle C, "Historic Pres.
ervation Regulatio ": \
HAP R 4
ORIC P SERVATION REGU-
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ARTICLE C. HI
LATIONS
Section:
14.4C-l:
14.4C-2:
14.4C. :
14-4 4:
14- -5:
14~C-6:
,
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urpose and Intent \
Definitions '
Historic Preservation bmmission
Rules of the Commissio \,
\
Powers of the Commissi '
Procedures for the Design lion of
\
Historic Districts'
Applications for Certificates
Appropriateness
14-4C-8: Remedy of Dangerous Condition
14-4C-9: Compliance with Zoning Regulatio s
14-4C-l0: Penalties
Sec. 14.4C-1: PURPOSE AND INTENT:
Tho purpose of this article is to:
A. Promote the educational, cultural, economic
and general welfare of the public through
the protection, enhancement, and perpetua.
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Ordinance No.
Page 2
tion of districts and historic and cultural
significance located in the city,
B. Safeguard the City's historic, aesthetic, and
cultural heritage by preserving districts and
properties of historical, architectural, and
cultural significance,
C. Stabilize and improve property values by
conserving historic properties,
D. Foster civic pride in the legacy of beauty
and achievements of the past,
E. Protect and enhance the City's attractions
to ourists and visitors and thereby sUPP9 t
and timulate business thereby provid d',
F. Stren then the economy of the city nd
G. Promo the use of districts of hi oric and
cultural ignificance as sites for he educa-
tion, plea ure and welfare of e people of
the city. ( 978 Code ~27- ; 1994 Code)
Sec. 14.4C- : DEFINITIO S:
As used in t 's article, e following defini-
tions shall apply:
Applicant: The art making application for
a certificate of ap riateness from the Iowa
City Historic Prese[ ation Commission.
Application: A rI ten request by a property
owner or other arty 0 the Iowa City Historic
Preservation ommiss n for a certificate of
appropriate ss.
Certific e of appropr teness: The docu-
ment, idencing appro al by the historic
preser tion commission 0 proposal to make
a ch ge in appearance, ich must be ob-
tain d before a regulated per it may be used.
ertificate of no material e ct: The docu.
ent, issued in lieu of a certific te of appropri-
ateness, which signifies that the ork contem-
plated in the application will have no effect on
any significant architectural feat res of the
building or on the historic district. he certifi-
cate of no material effect evidences approval
by the Historic Preservation Commls ion and
the Department of Planning and Co unity
Development of a proposal to make a ch ge in
appearance.
Change in appearance: Any change or a ter-
ation of the exterior features of a building or
change or alteration of the appearance of
property within a historic district. This definl
tion shall pertain only to changes In appearance
which are visible from the public way or from
adjacent properties, and for which a building,
demolition, house moving or other regulated
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Ordinance No.
Page 3
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permit is required for compliance with applica-
ble city codes.'
Furthermore, nothing in this definition shall be
construed to prohibit or limit normal repairs or
maintenance for which no regulated permit is
required which do not involve alterations or
changes in the exterior features of a building.
For the purposes of this Chapter, changes
made in t 'e color of the exterior surfaces of a
building a e not considered a change in appear-
ance, but eemed to be ordinary maintenance
and repair. /1
Change or Iteration: The erection of a build- /
ing on a site, he movement of a building from /
or to a site, t e demolition of a building, the /
reconstruction r restoration of a building, or
any action to ange, modify, reconstru6t,
remove or demoli any exterior featuZ:e f an
existing building.
Commission: The Iowa City Hist09 Preser-
vation Commission, as establi:h a by this
ordinance in accord wl\h this ado ted article.
Exterior features: The arc i ectural style,
general design and arran'geme t of the exterior
of a building, including th nd and texture of
the building material and pe and style of all
windows, doors, light fi ur s, signs and other
appurtenant fixtures.
Historic district: An are that contains
contiguous pieces f propert under diverse
ownership which'
A. Are signific t to American History, archi-
I
tecture, ar aeology and culture or Iowa
City hist y, architecture, archaeology and
culture; r \
B. Posse s integrity of location, des'ign, set-
ting, ate rials and workmanship; or
C. Ar associated with events that have made
a ignificant contribution to the broad 'pat-
rns of our history; or
Are associated with the lives of perso s
significant In our past; or
. Embody the distinctive characteristics of a
type, period, method of construction; repre-
sent the work of a master; possess high
artistic values; represent a significant and
distinguishable entity whose components
may lack individual distinction; or
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moving buildings,
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Page 4
F. Have yielded, or may be likely to yield,
Information important in prehistory or histo-
ry.
Property owner: An individual or group of
individuals, corporation, partnership, associa-
tion, or in any entity, . c10dlng state and local
governments a gencies, which is the owner
of real estate.
Regulated p (mit: A permit issued by the
building offici a , or other official of the city,
according to t e provisions of the Uniform
Building Code 1 sign regulations? house
movers' ordina\ce,3 or Fire Code.4 (192
Code ~27-82; 1 94 Code)
Sec. 14.4C-. HISTORIC PRESERV ION
COMMISSION:
A. An Iowa Cit H~toric Preservatio Commis-
sion is hereby r established an the current
members ther p are hereby thorized and
directed to fUllj~' \ their exi ing terms and
directives consi tent wit this Article. The
commission shal ~\ onsi of seven m mem-
bers who shall b re cents of the City of
Iowa City.
B. Members of the mmission shall be ap'
pointed by the t Council. At least one
resident of eac des nated historic district
shall be ap inted 0 the Commission.
Other mem ers shall be chosen at large
from any art of the ,ity and shall have
some e ertise in histo ,urban planning,
archite ure, archaeology! law, sociology, or
other losely related field. or shall demon-
,
stra interest in the area 0 historic preser.
\
va on. At least three (3) 0 the members
s all hold appointments at la ge. Should
le number of officially desi nated city
historic districts exceed four (4) number,
a new member shall be added to he com-
mission for each new district in 'e cess of
four (4) districts.
C. The members appointed from desi ated
historic districts shall serve three year
terms.
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lSee Chapter 5, Article A of this Title.
2See Chapter 6, Article 0 of this Title.
3See Chapter 5, Article G of this Title.
4See Title 7, Chapter 1 of the City Code.
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Ordinance No.
Page 5
D. Vacancies occurring in the Commission,
other than by expiration of term of office,
shall be filled only for the unexpired term.
E. Me bers may serve for more than one term
each member shall serve until the ap-
ment of a successor.
F. Me bers shall serve without compensatio .
G. A si ply majority of the commission all
const ute a quorum for the transac' n of
busine s. (Ord. No. 84-3204, ~3, 25.84;
1994 ode)
Sec. 14-4 -4. RULES OF THE CO MISSION:
A. The His oric Preservation Co ission shall
elect fro its membership a airperson and
vice-chai erson whose t m of office shall
be one y ar, The ch 'rperson and vice-
chairpers may serv for more than one
term. Th chairper on shall preside over
the Commi sion a have the right to vote.
The vice-c airp son shall, in cases of
absence or di bility of the chairperson,
perform the ties of the chairperson.
B. The City M ger shall designate a person
to serve s cretary to the Commission.
The se etary shall keep a record of all
applic ions for certificates of appropriate-
ness resolution proceedings, and actions
of e Historic Pr servation Commission.
C, T e Commission hall recommend rules or
y-Iaws for the t nsaction of its regular
business to the Cit Council for adoption:
The Commission sh I have the authority to
adopt rules of proce re in connection with
the approval or disapp oval of certificates of
appropriateness subje to approval of the
City Council.
D, The Commission shall ke p a record, which
shall be open to public VI w, of its resolu-
tions, proceedings and acti ns. The vote or
failure to vote of each m~mber shall be
recorded. The concurring a~firmative vote
of a majority of those members present
shall be sufficient for a certlfldate of appro-
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priateness to be granted, or for \he adoption
of any resolution, motion or oth~r action of
the Commission. The Commis,sion shall
submit a report on its activities to the Coun-
cil and may make such recommendations to
the Council as it deems necessary t() carry
out the principles of this article. lOrd. No.
,
84-3204, ~4, 9-25.841 \
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Sec. 14-4C-5. POWERS OF THE COMMIS-
SION:
A. The Commission shall be authorized to con-
duct studies for the identification and desig-
nation f historic districts meeting the
definition established by this article. The
commissi may proceed at its own initia-
tive or up n a petition from any person,
group or as ociation.
B. The Commis ion shall make a recommen -;
tion to the ffice of the State Hist Ical
Society of 10 a for the listing of a hi orical
district or site in the National Re Ister of ,
Historic Places and shall condu .a public
hearing thereon, I
C. The Commission shall revie and act upon
all applications f certific ~6 of appropri-
ateness, pursuant to se oil 7 of this Arti-
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D. The Commission sh I cooperate with prop-
erty owners and ci ,agencies pursuant to
the provisions of . Ctl n 8 of this Article.
E. The Commissio .shall rther the efforts of
historic preser ation in e city by making
recommenda ons to the City Council and
city commi sions and bo ~ds on preserva.
tion issue when appropriat~, by encourag-
ing the protection and erl~ncement of
structu es with historical, a hitectural or
cultur'j value, and by encour ing persons
and/ rganizations to become involved in
p[~ ervatlon activities.
F. n e Commission shall not obliga e itself or
e City of Iowa City in any finan 'al under-
aking unless authorized to do s by the
City Council. lOrd. No. 84-3204, ~ ,9-25-
84; Ord. No. 85-3268, ~1, 12-17-8 )
ec. 14-4C-6. PROCEDURES FOR THE ~IG-
NATION OF HISTORIC DISTRICTS:
A. Report Required:
1. The Commission must make a report to
the Plan and Zoning Commission recorT\-
mending that an area be designated II
historic district. Before any report or
recommendation is submitted, the Com-
mission shall hold a public hearing on
any proposal to designate an area as a
historic district, The Commission shall
give prior notice of the time, date, place,
and subject matter of such hearing.
Such notice shall be served by ordinary
mail addressed to each property owner
of land included within such proposed
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Ordinance No.
Page 7
district at the owner's last known ad-
dress. If the address of any property
owner is unknown, such notice shall be
served by ordinary mail addressed to
"owner" at the street address of the
property in question. The City Clerk
shall file an affidavit of mailing setting
fo th the date of mailing and the names
an addresses of all property owners
notl ied pursuant to this Section. After
this p blic hearing the Commission shall
submit 'ts report to the Plan and Zoning
Commis i n and shall include
proposed rdinance establishing su
district and describing the boun ary
thereof.
2. A copy of the port shall also e sub-
mitted to the Sta e ~'storical ociety of
Iowa or its succ ~s r for eview and
recommendations c er ng the pro-
posed area. Comme t rom the State
Historical Society re ding the pro-
posed area shall be r ccii ed by the City
prior to the date of any ~ tion taken by
the Plan and Zon' g Com ission.
B. Plan and Zoning Co mission R 'commenda-
tions: Within six (60l days 0 the receipt
of the report a d the propose ordinance
from the Com ission and recomm ndations
from the St e Historical Society 0 Iowa or
its succes or, the Plan and Zonin ' Com-
mission s all submit its recommendatl ns to
the City. ouncil with respect to the rei tion
of su designation to the Comprehens\'e
Plan, Zoning Ordinance', proposed publ ,
imR ovements and other plans for the re-',
n al of the area involved. The Plan and
oning Commission shall recommend ap-
proval, disapproval or modification of the
proposed historic district. The Historic
Preservation Commission shall be advised of
any modifications to the proposed historic
district which are recommended to the City
Council by the Plan and Zoning Commission.
C. City Council Review: If the area of the
proposed historic district as approved by the
Historic Preservation Commission is altered
by the Plan and Zoning Commission, the
City Council shall submit a description of
the altered proposed area or the petition
1 See Chapter 6 of this Title.
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ORDINANCE NO,
AN ORDINANCE REESTABLISHING THE HIS-
TORIC PRESERVATION COMMISSION AND
SPECIFYING THAT APPEALS OF DECISIONS
OF THE COMMISSION SHAll BE MADE TO
THE CITY COUNCIl.
WHEREAS, the Code of Iowa requires that
m nicipal historic preservation commissions be
es blished by ordinance; and
EREAS, the Code of the State of Iowa
requi es that appeals of decisions of the histor-
ic pre ervation commissions be made to the
governi g body; and
WHER AS, the recently adopted Code of
Ordinance of the City of Iowa City is inconsis
tent with t e Code of Iowa in this regard.
NOW, TH EFORE, BE IT ORDAINED BY HE
CITY CO UN ~F THE CITY OF lOW ITY,
IOWA:
SECTION I. ,ENDMENTS. Titl 14, The
Unified Develop ent Code, Chap r 4, entitled
"land Control a Developme ," Article C,
entitled "Historic ,eservation egulations," of
the Code of Ordi ~ ces of he City of Iowa
City, Iowa, be and sam is hereby amended
by adopting the fol i Article C, "Historic
Preservation Regula s" which supersedes
the previously adopt ticle C, "Historic Pres-
ervation Regulatio ": \
HAP ~ 4
ARTICLE C. HI ORIC P SERVATION REGU-
,
lATIONS \
,
Section: \
,
14-4C-l : urpose and Intent '.
14-4C-2: Definitions .
14-4C- : Historic Preservation ommisslon
14-4 4: Rules of the Commissio I,
,
14. -5: Powers of the Commissi
14 ~C-6: Procedures for the Design lion of
Historic Districts
4-4C-7: Applications for Certificates
Appropriateness
14-4C-8: Remedy of Dangerous Condition
14-4C-9: Compliance with Zoning Regulatio s
14-4C-l0: Penalties
Sec. 14-4C-1: PURPOSE AND INTENT:
The purpose of this article is to:
A. Promote the educational, cultural, economic
and general welfare of the public through
the protection, enhancement, and perpetua-
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Ordinance No.
Page 2
tion of districts and historic and cultural
significance located in the city,
B. Safeguard the City's historic, aesthetic, and
cultural heritage by preserving districts and
properties of historical, architectural, and
cultural significance,
C. Stabilize and improve property values by
conserving historic properties,
D. Foster civic pride in the legacy of beauty
and achievements of the past,
E. Protect and enhance the City's attractions
to ourists and visitors and thereby sUPP9 t
and timulate business thereby provid cf,
F. Stren then the economy of the city nd
G. Promo the use of districts of hi oric and
cultural ignificance as sites for he educa-
tion, plea ure and welfare of e people of
the city. ( 978 Code ~ 27. ; 1994 Code)
Sec. 14-4C- : DEFINITIO S:
As used in t 's article, e following defini-
tions shall apply:
Applicant: The art making application for
a certificate of ap riateness from the Iowa
City Historic Prese[ ation Commission,
Application: A rI ten request by a property
owner or other arty 0 the Iowa City Historic
Preservation om miss n for a certificate of
appropriate ss.
Certific e of appropr teness: The docu-
ment, idencing appro I by the historic
preser lion commission 0 a proposal to make
a ch ge in appearance, ich must be ob-
tain d before a regulated per it may be used.
ertificate of no material e ct: The docu-
ent, issued in lieu of a certific te of appropri-
ateness, which signifies that the ork contem-
plated in the application will have no effect on
any significant architectural feat res of the
building or on the historic district. he certifi-
cate of no material effect evidences approval
by the Historic Preservation Commis ion and
the Department of Planning and Co unity
Development of a proposal to make a ch ge in
appearance.
Change in appearance: Any change or a ter-
ation of the exterior features of a building or
change or alteration of the appearance of
property within a historic district. This defini
tion shall pertain only to changes in appearance
which are visible from the public way or from
adjacent properties, and for which a building,
demolition, house moving or other regulated
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permit is required for compliance with applica.
ble city codes.'
Furthermore, nothing in this definition shall be
construed to prohibit or limit normal repairs or
maintenance for which no regulated permit is
required which do not involve alterations or
changes in the exterior features of a building,
For the purposes of this Chapter, changes
made in t 'e color of the exterior surfaces of a
building a e not considered a change in appear-
ance, but eemed to be ordinary maintenance
and repair. I
Change or Iteration: The erection of a bUild!,!
ing on a site, he movement of a building from
or to a site, t e demolition of a building, the
reconstruction r restoration of a building, 0
any action to ~ange, modify, reconstru6t,
remove or demOIi~~nY exterior featur0 an
existing building. /
Commission: The Iowa City Hist09c Preser-
vation Commission, as establi~h a by this
ordinance in accord wilh this ado ted article.
Exterior features: T~e arc i ectural style,
general design and arrangeme t of the exterior
of a building, including th nd and texture of
the building materiai and pe and style of all
windows, doors, light fi ur s, signs and other
appurtenant fixtures.
Historic district: An are that contains
contiguous pieces f propert under diverse
ownership which'
A. Are significa t to American history, archi-
I
tecture, ar aeology and culture or Iowa
City hist y, architecture, archa~ology and
culture; r '-
B. Posse s integrity of location, design, set-
ting, aterials and workmanship; or,
C. Ar associated with events that have' made
a ignificant contribution to the broadlpat-
rns of our history; or
Are associated with the lives of perso s
significant in our past; or
. Embody the distinctive characteristics of a
type, period, method of construction; repre-
sent the work of a master; possess high
artistic values; represent a significant and
distinguishable entity whose components
may lack Individual distinction; or
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Ordinance No.
Page 3
'See Chapter 5, Article G of this Title for
moving buildings.
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Ordinance No.
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F. Have yielded, or may be likely to yield,
information important in prehistory or histo-
ry.
Property owner: An individual or group of
individuals, corporation, paJJnership, associa.
tion, or in any entity .jJIclOding state and local
governments a .agencies, which is the owner
of real estate.
Regulated p rmit: A permit issued by the
building officia, or other official of the city,
according to t e provisions of the Uniform
Building Code 1 sign regulations,! house
movers' ordina~ce,3 or Fire Code.4 (192
Code ~27-82; 1 94 Code)
Sec. 14-4C-. HISTORIC PRESERV ION
COMMISSION:
A. An Iowa Cit H~'toric Preservatio Commis-
sion is hereby r established an the current
members ther p are hereby thorized and
directed to full!ll their exi ing terms and
directives consi~tent wit this Article. The
commission shal~honsi of seven (7) mem-
bers who shall b \ re cents of the City of
Iowa City. \\
B. Members of the ~mmission shall be ap.
pointed by the t Council. At least one
resident of eac des nated historic district
shall be ap inted 0 the Commission.
Other mem ers shall be chosen at large
from any art of the ' ity and shall have
some e ertise in histo, , urban planning,
archite ure, archaeology1law, sociology, or
other losely related field, or shall demon-
,
stra interest in the area 0, historic preser-
,
va on. At least three (3) 0 the members
s all hold appointments at la ge. Should
e number of officially desl nated city
historic districts exceed four (41 number,
a new member shall be added to he com-
mission for each new district in 'e cess of
four (4) districts.
C, The members appointed from desi ated
historic districts shall serve three year
terms.
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2See Chapter 6, Article 0 of this Title.
3See Chapter 5, Article G of this Title.
4See Title 7, Chapter 1 of the City Code.
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Ordinance No.
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D. Vacancies occurring in the Commission,
other than by expiration of term of office,
shall be filled only for the unexpired term.
E. Me bers may serve for more than one term
an each member shall serve until the ap-
poi tment of a successor.
F. Me bers shall serve without compensatio .
G. A si ply majority of the commission all
const ute a quorum for the transac' n of
busine s. lOrd. No. 84-3204, ~3, 25-84;
1994 odel
Sec. 14-4 -4. RULES OF THE CO MISSION:
A. The His oric Preservation Co ission shall
elect fro its membership a airperson and
vice-chai erson whose t m of office shall
be one y ar. The ch 'rperson and vice-
chairpers may serv for more than one
term. Th chairper on shall preside over
the Commi sion a have the right to vote.
The vice-c airp son shall, in cases of
absence or di bility of the chairperson,
perform the ties of the chairperson.
B. The City M ger shall designate a person
to serve s cretary to the Commission.
The se etary shall keep a record of all
applic ions for certificates of appropriate-
ness resolution proceedings, and actions
of e Historic Pr servation Commission.
C, T e Commission hall recommend rules or
y-Iaws for the t nsaction of its regular
business to the Cit Council for adoption;
The Commission sh I have the authority to
adopt rules of proce re in connection with
the approval or disapp oval of certificates of
appropriateness subje to approval of the
City Council.
D, The Commission shall ke p a record, which
shall be open to public VI w, of its resolu-
tions, proceedings and acti ns. The vote or
failure to vote of each m~mber shall be
recorded. The concurring aVirmative vote
of a majority of those members present
shall be sufficient for a certifldate of appro-
priateness to be granted, or for \he adoption
of any resolution, motion or other action of
the Commission. The Commls.sion shall
submit a report on its activities to the Coun-
cil and may make such recommendations to.
the Council as it deems necessary to carry
out the principles of this article. lOrd, No.
,
84-3204, ~4, 9-25-84) \
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Ordinance No.
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Sec. 14-4C-5. POWERS OF THE COMMIS-
SION:
A. The Commission shall be authorized to con-
duct studies for the identification and desig"
nation f historic districts meeting the
definition established by this article. The
commissio may proceed at its own initia"
tive or up n a petition from any person,
group or as ociation.
B. The Commis ion shall make a recommen -,
tion to the ffice of the State Hist Ical
Society of 10 a for the listing of a hi orital
district or site in the National Rister of .
Historic Places and shall condu a public
hearing thereon. i
C. The Commission shall revie and act upon
all applications f certific ~6 of appropri-
ateness, pursuant to se Ion 7 of this Arti-
I
cle. /
D. The Commission sh I cooperate with prop-
erty owners and ci ,agencies pursuant to
the provisions of ctl n 8 of this Article.
E. The Commissio shall rther the efforts of
historic preser ation in e city by making
recommenda ons to the City Council and
city commi sions and bo ~ds on preserva-
tion issue when appropriat~, by encourag-
ing the protection and erl~ncement of
structu es with historical, a hitectural or
cultur'l value, and by encour ing persons
and/ rganizations to become involved in
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pre ervatlon activities.
11 e Commission shall not obliga e itself or
e City of Iowa City in any finan 'al under-
aking unless authorized to do s by the
City Council. lOrd. No. 84-3204, ~ ,9-25-
84; Ord. No. 85-3268, ~1, 12-17-8 I
ec. 14-4C-6. PROCEDURES FOR THE SIG-
NATION OF HISTORIC DISTRICTS:
A. Report Required:
1. The Commission must make a report to
the Plan and Zoning Commission reco .-
mending that an area be designated
historic district. Before any report or
recommendation is submitted, the Com-
mission shall hold a public hearing on
any proposal to designate an area as a
historic district. The Commission shall
give prior notice of the time, date, place,
and subject matter of such hearing.
Such notice shall be served by ordinary
mall addressed to each property owner
of land included within such proposed
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Ordinance No.
Page 7
district at the owner's last known ad-
dress. If the address of any property
owner is unknown, such notice shall be
served by ordinary mail addressed to
"owner" at the street address of the
property in question. The City Clerk
shall file an affidavit of mailing setting
fo th the date of mailing and the names
an addresses of all property owners
notl ied pursuant to this Section. After
this p blic hearing the Commission shall
submit 'ts report to the Plan and Zoning
Commis i n and shall include
proposed rdinance establishing su
district and describing the boun ary
thereof,
2. A copy of the ~ort shall also e sub-
mitted to the Sta e ~Istorical ociety of
Iowa or its succ ~s r for eview and
recommendations c er ng the pro-
posed area. Comme t rom the State
Historical Society re ding the pro-
posed area shall be r c~i\ ed by the City
prior to the date of any a tion taken by
the Plan and Zon' g Com ission.
B, Plan and Zoning Co mission R commenda-
tions: Within six (601 days 0 the receipt
of the report a d the propose ordinance
from the Com ission and recomm ndations
from the St e Historical Society 0 iowa or
its succes or, the Plan and Zonin 'Com-
mission s all submit its recommendatl ns to
the City. ouncil with respect to the rei tlon
of su designation to the Comprehens'~e
Plan, Zoning Ordinance " proposed publ ,
imR ovements and other plans for the re-',
n al of the area involved. The Plan and
oning Commission shall recommend ap-
proval, disapproval or modification of the
proposed historic district. The Historic
Preservation Commission shall be advised of
any modifications to the proposed historic
district which are recommended to the City
Council by the Plan and Zoning Commission.
C. City Council Review: If the area of the
proposed historic district as approved by the
Historic Preservation Commission is altered
by the Plan and Zoning Commission, the
City Council shall submit a description of
the altered proposed area or the petition
1 See Chapter 6 of this Title.
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Ordinance No.
Page B
describing the area, to the State Historical
Society of Iowa or its successor for review
and recommendations concerning the al-
tered proposed area.
D. State Recommendations: The recommenda-
tions from the State Historical Society of
Iowa concerning the proposed area or al-
tered proposed area shall be received by the
City prior to setting a public hearing con-
ducted b~ the City Council on an ordinance
establishi~ a historic district. Any recom-
mendations made by the State Historical
Society of 10 a shall be made available by
the City to tli public for viewing during
normal working ours at a City government
place of public ac ess.
E. Public Hearing: Af r receiving the recom-
mendations of the S ate Historical Socie
of Iowa on the propos area and/or alt ed
proposed area, the Cit Council sh pro-
law, and conduct a pubh hear' g on the
ordinance establishing a ist ic district.
The Council may adopt or Ject the ordi-
nance or may refer the I toric district
designation to the His oric Preservation
Commission for modif ation. If the City
Council refers the hi oric distri t designa-
tion to the Historic eservation C mmission
for modification, he procedures . escribed
in subsections through 0 of thi section
shall be folio ed, with the followin excep-
tions:
1. Unles substantial modifications ar pro-
pos ,the public hearing require ant
de cribed in subsection A may be
aived.
nly property owners affected by t e
Council's proposed modification shall b
notified by mail of the modification prio
to action by the Historic Preservation
Commission. (1978 Code ~27-86;
1994 Codel
Sec. 14-4C-7. APPLICATIONS FOR CERTIFI-
CATES OF APPROPRIATENESS:
A. Certificate Required: No individual or corpo-
ration shall undertake a change in appear-
ance of a building or site within a desig-
nated historic district for which a regulated
permit is required, nor shall the BUilding
Official issue a regulated permit for a
change in appearance of a building or site In
a designated historic district, unless a certif-
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Ordinance No.
Page 9
icate of appropriateness or a certificate of
no material effect has been granted.
B, Conditions of Certificate Issuance: The
chair of the Historic Preservation Commis-
sion and the secretary of the Historic Pres-
ervation Commission, or their designees,
may issue a certificate of no material effect
if the work contemplated in the application
will have no effect on any significant archi-
tect al features of the building or on the
histo c district.
C. Applic tion for Certificate; Review:
1. App 'cation for a certificate of appropri-
atene s shall be made to the Building
Officia, The application should include.,
drawin s, photographs, sketches and
other ex ibits portraying the work to'he
accompli ed which will assist the' His-
toric Pres rvation commiSsi(~,lin the
considerati n of the applicafon.
2. Upon the fill g of such ap, ication, the
Building OffiCI I shall im ediately notify
the Historic Pr ~ervatip Commission of
the receipt of su~h \lpplication and shall
transmit it, toget~ (with accompanying
plans and other i mation, to the Com-
mission.
3. All applicatio s receiv d before the clos-
ing date, t be establis ed by the Com-
mission, shall be cons'~red by the
Commi sion at its next re ularly sched-
uled eeting. The Com ~ssion shall
revi the application, accor~'ng to the
dies and powers specified h rein. In
r viewing the application, the mmis-
sion may confer with the applic nt or
the applicant's authorized repres ~a-
tive. In acting upon an application, e
Commission shall consider whether t
change in appearance to a building 0
site proposed by the application con-
forms to standards set forth in the Janu-
ary, 1979 edition of the Secretary of the
Interior's "Standards for Rehabilitation"
or subsequent revisions thereof. The
Commission may use the Secretary of
the Interior's "Guidelines for Rehabilitat-
ing Historic Buildings" or subsequent
revisions thereof or other guidelines
adopted by the Commission to aid in
determining whether the proposed
change in appearance to a building or
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Ordinance No.
Page 10
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site conforms to the Secretary of the
Interior's "Standards for Rehabilitation."
D. Approval or Disapproval of Certificate: The
Commission shall approve, modify, or disap-
prove the application. The findings of the
Commission, on each application shall be
contained~n a written resolution setting
forth the f II reason for its decision and the
vote of e ch member participating therein.
Such reso ution shall be placed on file for
public insp ction in the office of the City
Clerk withi five (51 business days alter the
meeting at hich the application was acted
upon. There Iter, a copy of the resolutio
shall be sent to the applicant by ordin ry
mail. If the a plication is approved ap-
proved with mo ifications acceptabl to the
applicant, a cer ificate of appro iateness
will be issued, SI ned by the 9 airperson,
and immediately tr nsmi~ted (ong with the
application to the uilding fficial. If the
application is disap ove " the application
will be immediately tr mitted, along with
the written resolutio f the Commission's
findings, to the Buil In Official.
E. Appeal to the Cit Coun i1: Any applicant
aggrieved by a decisio of the Commis-
sion may apv al the act n to the City
Council. Su ft an appeal m t be in writing
and must e filed with the City Clerk no
later tha ten (10) business ys alter the
filing 0 the above-mentione resolution.
The . y Council shall, within a easonable
time hold a public hearing on t e appeal,
giv public notice as required by ate law,
a well as provide written notice to the
pplicant and to the appellant, if d ferent
from the applicant, and decide the epeal
within a reasonable time. In deciding ~uch
appeal, the City Council shall consider
whether the Commission has exercised'its
powers and follow the guidelines estab-
lished by law and this Article, and whethJ,
the Commission's action was patently arbi-'
trary or capricious. In exercising the above-
mentioned powers the City Council may, in
conformity with the provisions of this Arti.
cle, reverse or affirm, wholly or partly, or
may modify the order, requirement, deci-
sion, or determination appealed from and
may make such order, requirement, decision
or determination as ought to be made, and
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Ordinance No.
Page 11
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to that end shall have the powers of the
Commission from whom the appeal is taken.
F. Judicial Appeal: If not satisfied with the
decision of the City Council, the appellant
may appeal to the Johnson County district
court within thirty (30) days after the
Council's decision.
G. Compliance with Certificate Required:
Certificates f appropriateness issued on the
basis of a proved applications authorize
only chang s in appearance set forth in
such apPro; applications and no other
changes in a earance. It shall be the duty
of the Buildin Official or designee to ' -
spect, from tif{le to time, any work er-
formed pursuant to such a certifj te to
ensure compliande with the requir ents of
such certificate. ~f it is foun that such
work is not being carried ou n accordance
with the certificat~/ the uilding Official
shall issue a stop-wor~ rder. Any change
in appearance at vari . ce with that autho-
,
rized by the certifi te 'shall be deemed a
violation of these egulations. (1978 Code
~27-87; 1994 ode)
Sec. 14.4C-8. REMEDY 0 DANGEROUS
CONDITIONS:
A. Except f r emergencies as d ermined by
the B 'ding Official pursuant ~ the ordi-
nanc s of the City, City enforce ent agen-
cie and departments shall give t ~ Historic
p, eservation Commission at least h'lrty (30)
. '
days' notice of any proposed rder for
remedying conditions determine i~ be
dangerous to life, health or propert w,hich
may affect the exterior features f 'any
,
building. .
B. The Commission shall have the pow to
,
require that changes or alterations ot
adversely affect the exterior features 0 ~
building in cases where the danger to Iif
health or property may be abated without.
detracting from the exterior features of the
building. In such cases, it shall be the
responsibility of the Commission and the
City enforcement agency or department to
cooperate with the property owner in an
attempt to achieve a preservation solution
whereby the dangerous conditions will be
corrected with minimal adverse impact on
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Ordinance No.
Page 12
exterior features. Such plan shall be ap-
proved by the Commission and shall be
signed by the chair of the Commission, the ,)'
property owner, and ~head of the City
enforcement agel}l:y-or department. /
C. If a solution ac {ptable to the Commission, /
the City enfor ement agency or department,/
I.
and the prop rty owner cannot be reach,eo
within thirty 301 days or a period of/time
acceptable t the City enforcemen;Alency
or departme t, the agency or department
shall proceed to issue and enforce its pro-
posed order. (1978 CO~de ~17-88; 1994
Codel
Sec. 14-4C-9. C MPLZA E WITH ZONING
REGULATIONS:
Any new building sh conform to all setback
requirements of th one in which it is to be
built or moved.' wever, if a building has
been damaged or. oe troyed due to fire, explo-
sion, act of G or her natural disasters, it
may be plac upon i s original foundation or
the site of e original undation regardless of
the exte of damages provided it is recon-
structe as near as p sible to the original
exteri9 design.2 (1978 Code ~27-89; 1994
Cod f
Se . 14-4C-10. PENALTI :
Any violation of this Chap er shall be consid-
red a simple misdemeanor 0 Municipallnfrac-
tion or environmental infractio as provided for
in Title 1, Chapter 4 of the Ci Code. (1994
Codel
SECTION II. REPEALER. All 0 pinances and
parts of ordinances in conflict wi't~ the provi-
sions of this Ordinance are hereby repealed,
SECTION III. SEVERABILITY. If ariv section,
provision or part of the Ordinance \shall be
adjudged to be invalid or unconstitution\l, such
adjudication shall not affect the validity'of the
Ordinance as a whole or any section, pro~i,sion
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-,
nance shall be in full force and effect after its \.
final passage, approval and publication, in
accordance with law, after September 1,1994.
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'See Section 14-6Q-4 of this Title.
2See Chapter 6, Article T of this Title for
restoration of nonconforming structures.
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Page 13
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Passed and approved this
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MAYOR
ATTEST:
CITY CLERK
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DIES FOR LACK OF A SECOND
,
"
ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 32.1,
ARTICLE IV, SCHEDULE OF FEES OF THE
CODE OF ORDINANCES OF IOWA CITY, IO-
WA, BY AMENDING SECTION 32.1-63, SUB-
SECTION 23-277, THEREIN TO ADD NEW
HOURLY FEES FOR THE CAPITOL STREET
(RAMP Al AND DUBUQUE STREET IRAMP B)
PARKING RAMPS.
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WHEREAS, in order to reflect increased
operating costs of the Parking and Transit
Department needed to properly administer City
policies, it is in the pubiic interest to increase
parking ramp fees.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Chapter 32.1, Article IV, subsec-
tion 23-277, of the Iowa City Code of Ordi-
nances should be and is hereby amended by
repealing Section 32.1-63, subsection 23-277,
in its entirety and enacting in lieu thereof a new
Section 32.1-63, subsection 23-277, to be
codified and to read as follows:
Municipal Code Section Authorizing Fee,
Charge, Fine or Penalty: 23-277
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Description of Fee,
Charge, Fine or Penalty Charge
Fees for parking in City
parking lots and structures:
Municipal parking lot (adja-
cent to Ramp BI and Cen-
tral Business District lots
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Monthly all-day permits $45.00/mo.
Monthly all-day permits $513.00/yr.
(annual advanced payment)
Monthly off-hours permits
(after 5:00 PM, Monday-
Friday, all day Saturday
and Sunday)
Lot permits, all other mu-
nlclpallots
Monthly all-day permits
Monthly all-day permits
(annual advance payment)
$34,00/mo.
~
$35.00/mo.
$399.00/yr.
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DIES FOR LACK OF A SECOND
ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 32.1,
ARTICLE IV, SCHEDULE OF FEES OF THE
CODE OF ORDINANCES OF IOWA CITY, IO-
WA, BY AMENDING SECTION 32.1-63, SUB-
SECTION 23-277, THEREIN TO ADD NEW
HOURL V FEES FOR THE CAPITOL STREET
(RAMP A) AND DUBUQUE STREET (RAMP Bl
PARKING RAMPS.
".
WHEREAS, in order to reflect increased
operating costs of the Parking and Transit
Department needed to properly administer City
policies, it is in the pubiic interest to increase
parking ramp fees.
NOW, THEREFORE, 8E IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I, Chapter 32.1, Article IV, subsec-
tion 23-277, of the Iowa City Code of Ordi.
nances should be and is hereby amended by
repealing Section 32.1-63, subsection 23-277,
in its entirety and enacting in lieu thereof a new
Section 32.1-63, subsection 23-277, to be
codified and to read as follows:
Municipal Code Section Authorizing Fee,
Charge, Fine or Penalty: 23-277
,
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Description of Fee,
Charge, Fine or Penalty Charge
Fees for parking in City
parking lots and structures:
Municipal parking lot (adja- 'J 1
cent to Ramp B) and Cen-
tral Business District lots
Monthly all-day permits $45.00/mo.
Monthly all-day permits $513.00/yr.
(annual advanced payment)
Monthly off.hours permits $34.00/mo.
(after 5:00 PM, Monday-
Friday, all day Saturday
and Sundayl
Lot permits, all other mu-
nicipallots
Monthly all-day permits $35.00/mo. I
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Monthly all-day permits $399.00/yr.
(annual advance payment)
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Ordinance No.
Page 2
$17.50/mo.
City employee lot permits
Parking ramps:
Hourly parker (Ramp A)
Hourly parker (Ramp B)
Maximum all-day {Ramp 81
Monthly all-day permits
(Ramp A)
Monthly all-day permits $627.00/yr.
(annual advanced payment
- Ramp Al
$O.55/hr.
$0. 50/hr.
$4.00/day
$55.00/mo.
$45.00/mo.
Monthly all-day permits
(Ramp B)
Monthly all-day permits $513,00/yr.
(annual advanced payment
- Ramp B)
Monthly off-hours permits $34.00/mo.
{Ramp Bl
The above hourly parking rates for parking
ramps will apply to both parking ramps,
with the exception of cars exiting when a
cashier is not on duty. A flat rate of $0.75
shall apply and be deposited at the exit
gate.
Ramp A, Capitol Street parking ramp, while
Ramp B is the Dubuque Street parking
ramp.
Reissue of Ramp A and
Ramp B Monthly permit
exit card
$25.00/ea.
Reissue
Reissue of all other $2.00/ea.
lost/stolen permits
SECTION II. 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 unconsti-
tutional.
SECTION III. REPEALER. All ordinances and
parts of ordinances In conflict with the provi-
sions of this Ordinance are hereby repealed.
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Ordinance No.
Page 3
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect August 1, 1994.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office o/~o1
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ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 32.1,
ARTICLE IV, SCHEDULE OF FEES OF THE
CODE OF ORDINANCES OF IOWA CITY, IO-
WA, BY AMENDING SECTION 32.1-63, SUB-
SEC ON 23-277, THEREIN TO ADD NEW
HOU Y FEES FOR THE CAPITOL STREET
(RAM A) AND DUBUQUE STREET (RAMP Bl
PARKI G RAMPS.
WHER S, in order to reflect increased
operating costs of the Parking and Transit
Departmen needed to properly administer City
policies, it i in the public interest to increase
parking ramp fees.
NOW, THER FORE, BE IT ORDAINED BY E
CITY COUNCIL OF THE CITY OF IOWA TY,
IOWA:
SECTION I. Ch ter 32.1, Article III., subsec-
tion 23-277, of t ~ Iowa City Co of Ordi-
nances should be a d is hereby mended by
repealing Section 32. -63, subs ction 23-277,
in its entirety and enac ing in Ii u thereof a new
Section 32.1-63, sub ecti 23-277, to be
codified and to read as I ws:
Municipal Code See' n Authorizing Fee,
Charge, Fine or Penalt. 3-277
Pees for par, ing in City
parking 10 s and structures:
Munlcip parking lot (adja.
cent tRamp Bl and Cen-
tral siness District lots
onthly all-day permits
lannual advanced paymentl
Monthly off-hours permits
(after 5:00 PM, Monday-
Friday, all day Saturday
and Sundayl
Lot permits, all other rnu-
nlclpallots
Monthly all-day permits
Monthly all-day permits
(annual advance payment)
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$4 OO/mo.
$35.00/mo.
$399.00/yr.
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City employee lot permits
Parking ramps:
Hourly parker (Ramp AI
Hourly parker (Ramp B)
Maximum all-day (Ramp Bl
Monthly all-day permits
(Ramp Al
Monthl a -day permits
(annual dvanced payment
- Ramp I
Monthly a I-day permits
(Ramp Bl
Monthly all- ay permits
(annual ad va ced payment
- Ramp Bl
Monthly off-hou s permits
(Ramp Bl
The above hourly arking rates for parking
ramps will apply to oth parking ramps,
with the exception 0 cars exiting when a
cashier is not on dut /A flat rate of $0.75
shall apply and be d~p sited at the exit
gate. /
Ramp A, capitollstreet rking ramp, while
Ramp B is tzhe Dubuque S reet parking
ramp.
Reissue oy amp A and $25.00/ea.
Ramp B onthly permit Reissue
exit ca
Ordinance No.
Page 2
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$17.50/mo.
$.30/30 min.
$.30/30 min.
$4.20/day
$55.00/mo.
$627.00/yr.
$45.00/mo.
$513.0~ r.
II
$34.00/mo.
/
Reis e of all other
los stolen permits
CTION II. SEVERABILITY. If Qtsection,
pr. vision or part of the Ordinance snail be
djudged 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 unconsti-
tutional.
SECTION III. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
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Ordinance No.
Page 3
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SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect August 1, 1994.
Passed and approved this
I MAYOR \','
ATTEST: I
CITY CLERK
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