HomeMy WebLinkAbout1994-08-30 Ordinance
.... ;.
~~~i:~:' '.^:',"i'
,
...'\
\
: \.9 \
"
"
"
,l
r
\
,
I~
t"...;
i
:
i~
~
m'
~i'
,;(
': ,
, '. ~ '.
',:' , <, .. --:~~~ ','
",,\l,i' ,
'...'
.
."
..
, '
,
:,'
~', -
,
, i'
, i.
.
"
,,' . .i"~" " ," ,
-< -....- .'-' '''-''''''-''~'-'.'.....~..,~..",,,,,...,,..;.....'.., ',...;._',~::: ,
-..,---_.,'--"~...",:.~~,...,.....,_.~...',~~ &~.._~...:~~" ,
, , '
. ,.._,_....;......,_.----..,_..:.....:;-"
~ ~ 9/!o
ORDINANCE NO,
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE FOUR
ACRE TRACT OF LAND LOCATED EAST OF
HARLOCKE STREET, GENERALLY KNOWN AS
THE JENSEN TRACT, IOWA CITY, IOWA,
FROM RM.44, HIGH DENSITY MULTI-FAMILY
RESIDENTIAL, TO RS-S, LOW DENSITY SINGLE
FAMILY RESIDENTIAL.
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate due
to the rugged topography and increased
vehicular congestion in the area; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single Family
Residential.
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 RM-44, High Density
Multi-Family Residential, to RS-5, Low Density
Single Family Residential:
Lot 25, Weeber's Third Addition to Iowa
City, lowa, according to the recorded plat
thereof, and generally known as the
Jensen tract.
SECTION II. ZONING MAP, The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa
City, lowa, 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 a 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provision of this Ordinance are hereby repealed.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 unconstltutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any sectlon, provision
~O%
",I
I,:'
i
,I
I
,,"'
\...,'
i
I'
,
Q
, '
,I.f'
I u ,.
,'"
"
o
. ' .,' ., ..' '~'.' ,'.}~_~,-,i: ".'.'.,~..\',' .,'.,' ..~.I~,<
._, _;:;"".,.1-'1"
-" ,", ......." ',',\~' ,..'."~,~i,.,.l'i..,..;.."r"." 'jn'."''''.',''~W ,'~ "''''''~''''''f~''''''~''' ,'"I' ,t,
",,':.',,.0',,\\:;:]';:,;;:"" ',..'\'" .." ' '" ," " ' is> ,,0,. '::"
"....,~.. .:::? "'~'. .: ' ' " ,~, ",:", ",.:,,',1':"'-' ,,:<i
" i"
~;:~~:,:; .. k
:..:,:",.-,..
[
C~
\
~
I
I
I
I
!
i
I
,
I
! I
I
i~
~
~i~
~
,lC.o
.';'
.,
..,.i'.",
,',...
"
~, :
. ';
,,",
';'" '
,~ ~,
,<,
, , '
".4',_
',:,,",,'
I ,~ ' ", ' '.-
__""'___"_"__.'U_A~'':'".
.-..--.---.,.---..,.--~I.'
Ordinance No,
Page 2
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
MAYOR
ATTEST:
CITY CLERK
. "
that the Ordinance as read be
It was moved by and seconded by
adopted, and upon roll call there were:
AYES:
t':\
\!J
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
\" ,
, j.~
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
ppdadmin\harlocka,ord
..: - 7.,
~oq.~
"1
',....,..'.1.. 'i,I" ~;.~'l;
'\' "~'--;~'~"''''''''''~<5.;''llj::,
,:,'", "'" '. :'" ' " -':",.~;_;~, _;;"'~'I' ,:,/l:
.\' , "i
,',,' d~./
, .. i '~ '. ' , '
. ,',:.' ,',,' ';"'l;J~:T'
.", '..', 0"""""", /,,'"
" ":,.' ~;,' '_ ;','~ "',(;,:::,':'1 I)r',\,: ",:!~~::::'
:,',
~04b .' ','/
'J)'----"..",.,""''''".,'''''"...._',...,''-',...,.....c'c.. ',..".',.1' ""',..i:'"
,,;:\,,0';' ",;(d"">'\ ,'", , ,',' ";' 5'."'". '0, '.,
,', ,-' ',..;"-""',l,/:.,,:~,:,'.',>:,';i';;i;:,;~,:" ,,:,' '," '. "',:,,;~'''' ',',:',:: ':"I'd",~,.:.;!,jr
"."\
: '>~'~'"~.:\';;;'''
' ..
"j',.'
~"
, .,'.
,.'..
.
,;.
.
,. "
~~,
ORDINANCE NO,
,
"
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE ELEVEN
AND ONE-HALF ACRE TRACT OF LAND
LOCATED GENERALLY NORTH OF HIGHWAY
1 WEST, GENERALLY KNOWN AS THE
RUPPERT TRACT, IOWA CITY, IOWA, FROM
RM-44, HIGH DENSITY MULTI-FAMILY
RESIDENTIAL, TO RS-S, A MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL ZONE,
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM.44 zoning is inappropriate due
to the rugged topography and vehicular
congestion in the immediate area; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM.44 to RS.8,
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 RM.44, High Density
Multi.Family Residential, to RS.8, Medium
Density Single Family Residential:
,
.,
(
r
,
\
,',
Beginning at the northwest corner of the
northeast quarter of the southwest quarter
of Section 16, Township 79 North, Range
6 West, of the Fifth Principal Meridian,
Iowa City, Johnson County, Iowa; thence
South 1050'30" West, 493,80 feet to the
point of beginning; thence South
89044'56" East, 553,65 feet; thence
South 89059'59" East, 421.42 feet;
thence South 0000'01 " West to a point on
the northwesterly right-of'way line of Iowa
Primary Road 1; thence South 71035'52"
West, 704.0 feet; thence South
57055'37" West, 369,85 feet; thence
North 006'7" East, 468,10 feet; thence
North 0013'5" East, 161,77 feet to the
point of beginning, and generally known as
the Ruppert tract.
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 a copy of this
Ordinlmce which shall be recorded by the
A
~.,~.
;- ('
I,
I
I
!
I
i
I
Il~,
I
,
',":
~~i
M
/0-,
;
j
,(-' '0 -~~
,j ,; ~_. '.. --
"
I
..~.
, I
'f'
:~.; ,
" ,"
"
,,"'
" . ...." _.._.........,-,_......--~,---,-~_. r
1
I
dJj.M fa ql/3
'\"',
,).
I
...
"','~'!'. ,", ,
. '!
;~.,
t"
"i[-
,'~"" .'.' n.. n? n
,,. j;"i'.
"1
',! ,"
, ',""
,:, ".~t:,li.' ' ,
.. , " ~
,~,
,;.
'.
.~ .
'\:.
~
'...~' ,
.
. ,';,.:- ..-. ....:~,~,.,..._,"" ~..,......',"~' ",~""" ,.,. ,,,' ''''-'
Ordinance No,
Page 2
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
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
MAYOR
ATTEST:
CITY CLERK
r~",,,-,,,,,,,,,.~,,.~...._":"__,._..
It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
ppdadmlnlnohwyl,ord
':
,'".. ,,:,'
no',
..]...,:::;:.:",..,.' '\
" ~'",':;, ,',',' '',-,i,':, :
"'I ',-0,.."-.',.,,, ,'I,',,:' ,
",';,;:,::', ,':--'-' ":.,~':' ,:i?'\,::':',;
"O~
, "
I
"
,,"'
"
I
, '
A
VI
"! '!
I'
..
'I',,,.. '" ,'", .. '-,~'. ,,:;',
, .....---.... 0 '...oT I" '
,5 J:' '.O';~,.'
, " "-:" ",;., ,\: ,',' ':~' "", .
i~f}':"1
"-".C, ".'...~__,.""....
, ,
I ~~ \ '
. ,0'
,
.,
'.
[
('"
\
~'
I' "
,.~..
,.-
t ,;
I
i
I
il
I(
\1
~~
, :,'
Il
~~{
g'
g'
Rf \
[
,'.' 0
:"'" ' ~.'.___,__u_
!' y:,
: "
"..r,,-',
....
"
"',' .,',
" ',~t\'l ','
. ""~ 'I
" I,"''''
"
,',',
.'..'
I
!
I
"
~
, '
"
" ,,"'
: ~', .','
.,.,._~',_'.~;.;....,.,"~.:'~;."..~_,:.~~:~~.~A_.:.L~.:~',,_
. ,...- ,.... ,._...,._.....~."~"..,.......__...:,.."_.--...-I
~+o
ct/13
ORDINANCE NO,
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE TWO
ACRE TRACT OF LAND GENERALLY LOCATED
ON THE WEST SIDE OF HARLOCKE STREET,
IOWA CITY, IOWA, FROM RM-44, HIGH
DENSITY MULTI.FAMILY RESIDENTIAL, TO RS-
5, A LOW DENSITY SINGLE FAMILY
RESIDENTIAL ZONE,
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate
because traffic from the subject area travels
through a neighboring low density single-family
neighborhood; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM-44, High Density Multi-Family
Residential, to RS.S, Low Density Single Family
Residential:
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 RM-44, High Density
Multi-Family Residential, to RS-S, Low Density
Single Family Residential.
@
Lots 20, 21, 22, 23 and 24, Weeber's
Third Addition to Iowa City, Iowa,
according to the recorded plat thereof.
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 a 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
Ordinance as a whole or any section, provision
I'!.
.'~
~~ .",
~ 1.'--..'._...,--"'._.........,.._"'''.._,.''..'''...'I.~.'''' ,I......'f.,'
,'..",0,." 'Y<';' '\ './ '..',',," "'D":\'
,,( ,,' ,'.' ",')5,' ,
, ,,' :' :'~, :.';, ~;';~"r:::'::;;";'>" '. ,.', . ' ...~ \0 ,.: ',,<'.'n; ,~~,,~,..,/:,,~'j
,.,,',-,,;,',;,
','
'i'
,''';i''
, ,
. ,,,"' ,
~:~."
,:,,,,,;,1,.':,
',' ,
" ,,' '..'~ .'~.
, ,'~t''-'
, ,"\'". \\/'
,;. ,,,',,'1-'
,
. ~'
,',
.
'..','.
" ;(
, ,
,
" ,
,
, "
,,','
. . " ,~,
, ' ,
__.___ ~~_ _,__""".~",,,,,,,,"'Ol;,,,,~,,,",--,,,~"',,,,,,, ..~.~.:....___
, ' . , ' .
, '
, ,-'
- '_....,..__._-'_..._-,....._._.~,:.:.....-:......:.--.I'.. ,
Ordinance No,
Page 2
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
MAYOR
ATTEST:
CITY CLERK
, '
, i
;
, '
7'1' 71
"
It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
Qf
AYES:
NAYS:
ABSENT:
,,' ,',,'
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
.~
L
r'l
\
\
~
~,..:'t .,
First Consideration
Vote for passage:
I
I
I
! il
I
I
i
I
I
ll"
,
Second Consideration
Vote for passage:
Date published
ppdadmlnlwestharl,ord
.- I,
~() Lt:to
, ,)"
,:(L ~'6':- ~V=
'!'.''',''
_.,III~ '~
",','i,' .'
'WI" T7w-
J....--......"..'"..-''' II'...',.....".'..'."'''"' """1"'''' .,..,- 'I""~":':
,.'..;,.",.\0.,:';.. ',)" ,'. \ "'.."""'))'2"\ .0', 'i,
'- ""~., ",'. ,.."i", I"/~"~'''':'' . ,;' """, :'"f, ";l:,.':,~,'::'~,... .';'l'~_t ".:-\.
"\
.A
'>,
","", ". '
....'.,-r'""'..', I '
."j t;'<:',,';':: .,..
~., ~,'
~ ~ ~::' .r
'..,..,e,.i.',
....
'.
.
'1
-...:,
i
i'
"
;...-;'"1
l"',
'I'
~',\
'~
,~;
,...-\
~,
C.
", 0
,,'.", "
"/'
"',','.:
. ,;.'.. ,"~
" '.
.',~~\ ",;
:"~' '. '.~ ':\ ",::..
,
,",
~~','
,'"
.,
, .'
, "
,,"'
.
"",','"
" "
w~
ORDINANCE NO, 94-3636
AN ORDINANCE REESTABLISHING THE HIS-
TORIC PRESERVATION COMMISSION AND
SPECIFYING THAT APPEALS OF DECISIONS
OF THE COMMISSION SHALL BE MADE TO
THE CITY COUNCIL.
I
I,
I,
WHEREAS, the Code of Iowa requires that
municipal historic preservation commissions be
established by ordinance; and
WHEREAS, the Code of the State of Iowa
requires that appeals of decisions of the histor-
ic preservation commissions be made to the
governing body; and
WHEREAS, the recently adopted Code of
Ordinances of the City of Iowa City is inconsis-
tent with the Code of Iowa in this regard,
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS, Title 14, The
Unified Development Code, Chapter 4, entitled
"Land Control and Development," Article C,
entitled "Historic Preservation Regulations," of
the Code of Ordinances of the City of Iowa
City, Iowa, be and the same is hereby amended
by adopting the following Article C, "Historic
Preservation Regulations" which supersedes
the previously adopted Article C, "Historic Pres-
ervation Regulations":
CHAPTER 4
ARTICLE C. HISTORIC PRESERVATION REGU-
LATIONS
Section:
14-4C-1: Purpose and Intent
14-4C-2: Definitions
14.4C-3: Historic Preservation Commission
14.4C-4: Rules of the Commission
14-4C-5: Powers of the Commission
14-4C-6: Procedures for the Designation of
Historic Districts
14.4C-7: Applications for Certificates of
Appropriateness
14-4C-8: Remedy of Dangerous Conditions
14.4C-9: Compliance with Zoning Regulatio'ns
14.4C-10: 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-
k
,;
~o41
v"
" ,. rr .."
l-'"~rr'l .0'....".. .. .",.,~.., "o""lv'....." ""..,,'1' ;'."''''',:,'',
" """'"'''''''''''''' "",. ",' ",', ." [J' ',I
,:,,, ,'5 ,'" :,";
t~, ' ), "
\ ",,' ,'/" " ",',;;' :';j~
i . , ", '~,!,>":'.I'"_\':L'''''
'.,:,.0',1
""'. "', ',',",1'
. -'~ " ' , ," :'"
~~~i;'~:"
,.;, '
, ;
,1
,
.
I
i
1
',I:'
"',
,-,'.
';'
\'
. ',. ',',',;
':1
"I
I
i
!
"~oj
, ""<'1
_.'--'."
I
""
" ~
,i
\
1
, I
,
,,'j
'!
.1
I
i
I
.'
.
it,
~'
'.....-:":"...~-
r~.
l'
f"- :-
( f'
\.\
;., r'
','
C'~
, '
'<~, , ()
-
".~'..,..;.~; .'...
I,,:,
, ,':
;~'-,
, .
, ~:
1 "
,.
'. "":
Ordinance No, 94- 3636
Page 2
tion of historic districts and historic and
cultural landmarks located in the city,
8, 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 tourists and visitors and thereby support
and stimulate business thereby provided,
F, Strengthen the economy of the city, and
G, Promote the use of districts of historic and
cultural significance as sites for the educa-
tion, pleasure and welfare of the people of
the city,
Sec, 14-4C-2: DEFINITIONS:
As used in this article, the following defini-
tions shall apply:
Applicant: The party making application for
a certificate of appropriateness from the Iowa
City Historic Preservation Commission,
Application: A written request by a property
owner or other party to the Iowa City Historic
Preservation Commission for a certificate of
appropriateness,
Certificate of appropriateness: The docu-
ment, evidencing approval by the historic
preservation commission of a proposal to make
a change in appearance, which must be ob-
tained before a regulated permit may be used,
Certificate of no material effect: The docu-
ment, issued in lieu of a certificate of appropri-
ateness, which signifies that the work contem-
plated In the application will have no effect on
any significant architectural features of the
building or on the historic district. The certifi.
cate of no material effect evidences approval
by the Historic Preservation Commission and
the Department of Planning and Community
Development of a proposal to make a change in
appearance,
Change in appearance: Any change or alter-
ation of the exterior features of a building or
change or alteration of the appearance of a
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
I \
!,'
.
"
"', ";"
,"1"
~O'9'
".:f,Yd,:"
~'_.,,-;-W"'" "".. "'.n '''''',..'''-',7'''''''.I,..".ltIOI......,.''I~..,.. ." i l, ','
" " ,').'\. -\ '. " .' '0" ",'
,0:' ,,0:; ", ;:,i, , : 'j 5 f "..',':;
" ", 1,/', '1'\' , ;{, ,'. , '~,
~ ,,,,,,i,,,~.r,"<":;:;
".': ",
~';>.~::;,\ .<,:~ \~'::\ ;
lmlm.. '" I ,
',<
'..,1. I
, ',';.
~' .
,',
','\
, ',,',:J
, 1 " " ~" , ,. .
, .', '. ':,.. '., ,",!,,~I,.',.:, , ' ,,'I '
\,,;' ,,' '" :'" ..;"~~ ' ,..'
::,,'::,..., ",.,......"" ..:' ' , ,,""
'''i;)1;":~'s:c;':'_'''''''~;t8,,~;i,~;...c'.,,i:\',,~i,~0i,~,,,,,;d~ci2k:~:t~~;;1l;;.:~t~'2:;;~~;~ci,,,,,,:,:.,~~,,C;i"LC""'":"'j"",,",-,,,,,~,,,,",,,,,;,.,~,~;J;,,,,~;_~~;,',
r
"
":
.. '~
:.
'!,
Ordinance No, 94-3636
Page 3
';1
!
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 which do not involve alterations
or changes in the exterior features of a build-
ing, and for which no regulated permit is re-
quired, For the purposes of this Chapter,
changes made in the color of the exterior
surfaces of a building are not considered a
change in appearance, but deemed to be ordi-
nary maintenance and repair,
Change or alteration: The erection of a build-
ing on a site, the movement of a building from
or to a site, the demolition of a building, the
reconstruction or restoration of a building, or
any action to change, modify, reconstruct,
remove or demolish any exterior feature of an
existing building,
Commission: The Iowa City Historic Preser-
vation Commission, as established by this
ordinance in accord with this adopted article,
Exterior features: The architectural style,
general design and arrangement of the exterior
of a building, including the kind and texture of
the building material and type and style of all
windows, doors, light fixtures, signs and other
appurtenant fixtures,
Historic district: An area that contains
contiguous pieces of property under diverse
ownership which:
A, Are significant to American history, archi-
tecture, archaeology and culture or Iowa
City history, architecture, archaeology and
culture; or
8, Possess integrity of location, design, set-
ting, materials and workmanship; or
C. Are associated with events that have made
a significant contribution to the broad pat-
terns of our history; or
0, Are associated with the lives of persons
significant in our past; or
E, 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
1
l
;'1
i
I
'.1
. '
'.
;
,--~,
,>'
l',
(;
r"":~
\,
\ "
\
,.'
1 ,,"
~ :; ,
~
r
I
~
I
I
I
I
i :.;
l :
l
" ::;
,
1 See Chapter 5, Article G of this Title for
moving buildings,
,i:,
','.
~ ' ", ,"
,'; ,
" ,
~ " '
< i ,"',:,
" :,,;'l,:"~~i2,"
~^cr, I ",--:,
G\'-' , '. 'I' i'.
, ,,,':,,',
".",',' ".;:...,j~ ;,' ",
:' ~:O,', \':::'(:'~,;D,', ,'~~~'iy;:r';:"":;t"'\':':"";\':)T';""R'!":'fiO"r":';'~';',,'.I. d,{:"
,:",,'I'"'~,''' '.1""." '.,.."...., ' ,.(,5,x'Uu),
;'" ,,, " ,\;/~j<.. ',';:';1>;'.'.\,"" 'i,',,"}::: ' , ',' '" ,'\ ,~' '. ,: ,',,:: ~;,':'l,."""'r' ::/;,
>
"ie,",.
, '
, '
j ,> " "
..' "'"f, "';'"
o
,.--
-,
j','.'.
""'"
'':':;';::~:'\'.: ;~,~" i""
_:1(.'..
, ,
"':
","
::',.
I~'
. ,~.:' '
".'
,
, ,
;""
, ,',. ' ..
,.;;:',:.'..U.;,.X;".~:,: L. ':':L ~,; ~/,:::'~',:.;: !.:.~:\i::~ l~;,:',,~,:: ;'~'., ,
Ordinance No, 94- 3636
Page 4
>
(
l
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, including state and local
governments and agencies, which is the owner
of real estate,
Regulated permit: A permit issued by the
building official, or other official of the city,
according to the provisions of the Uniform
Building Code,' sign regulations/2 house
movers/ ordinance/3 or Fire Code,4
See, 14-4C-3, HISTORIC PRESERVATION
COMMISSION:
A, An Iowa City Historic Preservation Commis-
sion is hereby reestablished and the current
members thereof are hereby authorized and
directed to fulfill their existing terms and
directives consistent with this Article. The
commission shall consist of seven (71 mem-
bers who shall be residents of the City of
Iowa City,
B, Members of the commission shall be ap-
pointed by the City Council, At least one
resident of each designated historic district
shall be appointed to the Commission,
Other members shall be chosen at large
from any part of the city and shall have
some expertise in history, urban planning,
architecture, archaeology , law, sociology / or
other closely related field, or shall demon-
strate interest in the area of historic preser-
vation, At least three (31 of the members
shall hold appointments at large, Should
the number of officially designated city
historic districts exceed four (4) in number,
a new member shall be added to the com-
mission for each new district in excess of
four (4) districts, The new member shall be
appointed by the Council as soon as practi-
cable after the official designation of the
historic district triggering the operation of
the preceding clause,
./'
I
, '
,)I
".
I
I
I
i
I
I
I
I
I
I
(" . ,'.... ....'
'See Chapter 5, Article A of this Title,
2See Chepter 6/ Article 0 of this Title,
~
3See Chapter 5, Article G of this Title,
4See Title 7, Chapter 1 of the City Code,
I.
$
.,
:"
"."
. '.',-..,." '
','.'"
, \.
, ,: --
--
.' '"
~o" ,', ,'"
" "
',' , ' .-'
, , ,':, .:,:, , , ,':;, ~. "
"d,'~"" ',; ",o.~."",,,
1.]'"""""1"''''''''''''' """~'-1i"""'"''rr''''''-''"1l''' '...'1' " ,.
:,'~ :;';"';.';', :...,,~;;>,_.; 0 :'" ',;':,::',{,:,; ,":);j,;~:l:.:';::,,:,,:,,": ;', ",':~:~\ ',:' ',:: ":,,',:' ~':":,'" ,;',',', :",'_:: :>;::.":I.,':'~"..,':i:,:,;,'".:,:;:,.:: ,: '0'",., ~:~;'"
"l'" ,'" '''''if "-'. >I.>'l,"f, "I \,.,\, ',:,' f,,','\~""',,' , , ' " " ,'- "j15 ,!lor" .",,' ,~,
',~',' " ':',', ',- .. ,:'"f''' ,.;,.;iI'):,'::':";-:.'-','/._'::<:: ,:,'"':,,,':, ':';,', ',', " ':' ,!" ";':'~.':"'~";i;.L,,,',,,:~,i,
( ,,-''''-''~, '-;-
I '" 0"'"
, ' " '
',',:,1,,". ' '," '.
.~----"..-- -,------
.',1','1',"'.'''
,~ '
, , '
I',,"
, '., '. ~
.1
'J
;~:;)','-"'"
:' ~\,l., " ,
"
',j""
'...
'.
, ,'.~.
,
, ,,"'
.
:~
)~
(
Ordinance No, 94- 3636
Page 5
C, Members shall serve three-year terms,
D, Vacancies occurring in the Commission,
other than by expiration of term of office,
shall be filled only for the unexpired term,
, E, Members may serve for more than one term
,\ I
and each member shall serve until the ap-
pointment of a successor, " ."\
F, Members shall serve without compensation
except for any expenses deemed reasonable
and budgeted by the Council,
G, A simple majority of the commission shall
constitute a quorum for the transaction of
business, ' "
See, 14-4C-4, RULES OF THE COMMISSION: ;\'"
A, The Historic Preservation Commission shall
elect from its membership a chairperson and
vice-chairperson whose term of office shall "
be one year, The chairperson and vice-
chairperson may serve for more than one
term, The chairperson shall preside over
" the Commission and have the right to vote,
The vice-chairperson shall, in cases of
absence or disability of the chairperson,
perform the duties of the chairperson,
8, The City Manager shall designate a person
to serve as secretary to the Commission.
}'., The secretary shall keep a record of all
, -~; applications for certificates of appropriate-
ness, resolutions, proceedings, and actions
of the Historic Preservation Commission,
C, The Commission shall recommend rules or
t by-laws for the transaction of its regular
business to the City Council for adoption.
."" The Commission shall have the authority to
r
\ adopt rules of procedure in connection with
the approval or disapproval of certificates of , ,
~,A appropriateness subject to approval of the
l~-' City Council,
,
I ,':
I D. The Commission shall keep a record, which
I shall be open to public view, of its resolu-
, i tions, proceedings and actions, The vote or
I
I failure to vote of each member shall be
recorded, The concurring affirmative vote
of e majority of those members present ,-,:'
shall be sufficient for a certificate of appro- ,
priateness to be granted, or for the edoption ;,
~ of any resolution, motion or other action of
the Commission, The Commission shall
submit e report on its activities to the Coun- .:,..
cil and may make such recommendations to
the Council es it deems necessary to carry
out the principles of this article.
'.I:
",',J
"',.. "'i, ',I',
fC:' ~
..~
,WI'
',:~,"."
" '," "
-1
~09' "..,,';,.
~'",,,,, ...; ,l.!", I: '.
l""""',-"'c"'"""""~""'''''''''I"'~" ..,..._'"....,""'" 'I""
. ' " "", """".;."''''\,';;; "('..'.o!.,,,",,':I; ';;";,';Ioi, ;,,,,'," , , ",
:,::\,',;;'"::~{::':_:,);,,.Q:\:):{:\~..;' '~{~(\':~;":\":"':~':""'--"i ._',.- .,,',. :, ,:, ";:". :' '''':'''''-- '~:'''''5' '-.'::',,:':,;:~;-"'\" :'0:':' "{:i/
" " ' I,' ,,'''''' '/' _' ' "i'..I--,,'-,--" '.. , ,~'J", ,,' }"
. . '.." "./':"::~': ",:,::,~,/:"',.:i'.,:::,'.,.,,: '- > ' .; ,f:"""':J";';":~:~l",~,~",-",".')"{"
l',;. "'" ',I',',
'.-.-', ."',','-;,'..,",'.
", "
~"i-~:;,.';;j,.
',.',
.'
Ordinance No, 94-3636
Page 6
i
1-,;,(
"
See, 14-4C-S, POWERS OF THE COMMIS-
SION:
A, The Commission shall be authorized to con-
duct studies for the identification and desig-
nation of historic districts meeting the
definitions established by this article, The
commission may proceed at its own initia-
tive or upon a petition from any person,
group or association,
B, The Commission shall make a recommenda-
tion to the office of the State Historical
Society of Iowa for the listing of a historical
district or site in the National Register of
Historic Places and shall conduct a public
hearing thereon,
C, The Commission shall review and act upon
all applications for certificates of appropri-
ateness, pursuant to section 7 of this Arti-
cle,
D, The Commission shall cooperate with prop-
erty owners and city agencies pursuant to
the provisions of section B of this Article,
E, The Commission shall further the efforts of
historic preservation in the city by making
recommendations to the City Council and
city commissions and boards on preserva-
tion issues when appropriate, by encourag-
ing the protection and enhancement of
structures with historical, architectural or
cultural value, and by encouraging persons
and organizations to become involved in
preservation activities,
F, The Commission shall not obligate itself orl
the City of Iowa City in any financial under-
taking unless authorized to do so by the
City Council,
Sec. 14.4C.6, PROCEDURES FOR THE DESIG.
NATION OF HISTORIC DISTRICTS:
A. Report Required:
1, The Commission must make a report to
the Plan and Zoning Commission recom.
mending that an area be designated a
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
district at the owner's last known ad.
i
!
,
I
I
./
1
ii
J
',~
{
" I
-,"'1
j
.. ',';i
I
i
I
,
"'-, i
, ~'~
~
:,1:
,"
'!;'i
.\,
,
;
(
"}
, ':~
i
'i
. ~i
, 'i
,,_i:
,
;";"l)"
.
, u
.-0..:.', I ,',~ 1
(-'.
\'
~
p-~-
I
'" "
I
~
l
'.
...,,'.c=,' O'
\'; ",'.
'7-'T~7-i"i;:0<'L1" .
,00 ,..!, "', ,,',"',:""'''-',\! ""
.<~:'
1,'-,",,",\','-
l'm/ll':"~..r:''''',,";'l(~ r'7'.-..,'r"'~,'~',"'''''~r ...l''";'.....,''."'t.',l~\''j' "...,~..,'..t~'I~ll.-"'."I'''''''\'' " ':1- <..,"....~~,ll:;
-'~18:' I ,,'-"',1'"'' ,',',...''\'. "'," ,"','""",.,.....,,,,,, ""'"..,,..., ".' r1"
,):,::';:"':;'I,q\,I;:';~;"; !l~\(,..i,'":,,,:,,,, "':. ,'...; " '?~;:~i."'..,,Sl!i, .
~O'J
j';
'I,; ,:'.'
~ ,....,~~..\, ,", .'
. "~'-"~""\
milil\
I....
,.,
'r
..;
"~::",:"i; ':. ~'
,'.".\l,~. '
" ").
.~.
..'
,
I
.'
i
..
,
,,,":-
K".:'
" :~:
r'\
\,
\;
.~
F
, '
I .
! ~:
,,'\
~;.t
:,C' .~
......
- ':,',,"","
..'
.'i
,
. ;"';,'"
!f
. ~,;
,
,.
,..
.
",'
Ordinance No. 94- 3636
Page 7
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
forth the. date of mailing and the names
and addresses of all property owners
notified pursuant to this Section. After
this public hearing the Commission shall
submit its report to the Plan and Zoning
Commission and shall include a
proposed ordinance establishing such
district and describing the boundary
thereof.
2. A copy of the report shall also be sub-
mitted to the State Historical Society of
Iowa or its successor for review and
recommendations concerning the pro-
posed area. Comments from the State
Historical Society regarding the pro-
posed area shall be received by the City
prior to the date of any action taken by
the Plan and Zoning Commission.
B. Plan and Zoning Commission Recommenda-
tions: Within sixty (601 days of the receipt
of the report and the proposed ordinance
from the Commission and recommendations
from the State Historical Society of Iowa or
its successor, the Plan and Zoning Com-
mission shall submit its recommendations to
the City Council with respect to the relation
of such designation to the Comprehensive
Plan, Zoning Ordinance1, proposed public
improvements and other plans for the re-
newal of the area involved. The Plan and
Zoning 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
describing the area, to the State Historical
.;
,
:.!
r.,
....
lSee Chapter 6 of this Title.
,.
,-
.
,
~'J "::
~ a J.:..;:.:T"'''.......''''.....''''.w'.m.''..'..' ..'........f....'''' ......,.,.,..,r,
"'i;."i.,~:.,.'::i,ii<.i:\' ...........' ........ 65<' ,[]...: 'i.
.:', , .' "'''' ,"""'~.."..,:.:/:,:::::.'-,::','.,::':t,.,\r:;: .,':;:'!.', ",', ',' ':~.-.~-"::,~;.v:"'~'j,,f.-',,;.,'fl:,
.- ,'--, ,'" ;",;
...1'"
,~>"...i,
," .,,"~.
. ',I
.',
I
"
;~.~
J"'"
('
\J
T
I~
I
I
I
,
I
I'
Il '
~
~~;{'.;
.I~ '~'l-.
,~ "
-'"
,Co
~. , ;' '~..,::
,I.
~~
.
,,:"',,', "" .'
,."I'.\l'; .
l' ....,:.;'.
I'."
" .
'.
7-;_
.'."
.';
,
: ,
.
Ordinance No. 94-3636
Page 8
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 by the City Council on an ordinance
establishing a historic district. Any recom-
mendations made by the State Historical
Society of Iowa shall be made available by
the City to the public for viewing during
normal working hours at a City government
place of public access.
E. Public Hearing: After receiving the recom-
mendations of the State Historical Society
of Iowa on the proposed area and/or altered
proposed area, the City Council shall pro-
vide notice of public hearing, as provided by
law, and conduct a public hearing on the
ordinance establishing a historic district.
The Council may adopt or reject the ordi-
nance or may refer the historic district
designation to the Historic Preservation
Commission for modification. If the City
Council refers the historic district designa-
tion to the Historic Preservation Commission
for modification, the procedures described
in subsections A through D of this section
shall be followed, with the following excep-
tions:
1. Unless substantial modifications are pro-
posed, the public hearing requirement
described in subsection A may be
waived.
2. Only property owners affected by the
Council's proposed modification shall be
notified by mail of the modification prior
to action by the Historic Preservation
Commission.
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-
icate of appropriateness or a certificate of
no material effect has been granted.
,v
.: "'., "')7::::";"'<:":':."
,',:,,0(,';,.' :)i\",c;:.. " .
....,
I
'~' .
I.:,'
..
,..
.,
r
,
,)..,.
'.'
, .
I.,,'
~o, I .>.'
"""'~.:' ".:....,...'..".. "'-)'5' .0::....,...[5;:
" . ,....,..,.::.,...\.
{~~::"'r.;:;
,,',
(" .
'i
I
i
,:
i
, i
I
'1
"I:
't:
ii,
~~
.,
"
,
'" i
-J
-\
i
,
I
)
"" ..,~
'....'. ~
"
I.
:.r:
\'
,.
'.i
'~J
y,
.1
,
I
-- I
I
,
;'
,
i
~.
'. ~
.F~
r"':
)~'
~
~~-
I
~ .1 i
I I
I
,
II
l,
....1
I J
\~
__(t: ~. ........
, ~ ..,
......'.'.'..
," I .,
" I, "
. ',1
,"-;;"
;-,.'..'
'if-
;....
" .', .
'''f
Ordinance No. 94- 3636
Page 9
r.'.".. .-
,
I. ,-,
i :.
"i
,';1
I
" 1
", i
j
"
I
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-
tectural features of the building or on the
historic district.
C. Application for Certificate; Review:
1. Application for a certificate of appropri-
ateness shall be made to the Building
Official. The application should include
drawings, photographs, sketches and
other exhibits portraying the work to be
accomplished which will assist the His-
toric Preservation Commission in the
consideration of the application.
2. Upon the filing of such application, the
Building Official shall immediately notify
the Historic Preservation Commission of
the receipt of such application and shall
transmit it, together with accompanying
plans and other information, to the C;om-
mission.
3. All applications received before the clos-
ing date, to be established by the Com-
mission, shall be considered by the
Commission at its next regularly sched-
uled meeting. The Commission shall
review the application, according to the
duties and powers specified herein. In
reviewing the application, the Commis-
sion may confer with the applicant or
the applicant's authorized representa-
tive. In acting upon an application, the
Commission shall consider whether the
change In appearance to a building or
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
site conforms to the Secretary of the
Interior's "Standards for Rehebllitatlon."
,1,,'_'
. ,
I
, '.~
,
~')
.'-' " ;\.,;~)'
":,",.,' 'A'.;,:'; '.,~';.?:_,';" 'I'Ji/:;,;:'~:~' 0 ';':';',~,"/'Ji~:\~C:r''':':'~,~\'::~!'.~-'~~1m\':'::}0:\'~".~:~\"'.,~~"':,~r"7";;"r,,,. a ."[J' c-:" r.,\:(~::,::
""" ,__.,,~l,h;~'.'" IL"':I,'I".J ",' ,:/:S..t.....U'...."
\',' ' ' ,'. ',' ",'. ,'" I.' 'I."".,' _,~'.<~.>:!"i:\[.::.~ '>:'>' /<;:::-:,I'~: ,':_' "", .,'....:;.: :~'.:',.,.::':. i ..\i:\..J,~,.'",,:")!'~~;::,~-if;:
,', .
"\ '.
..-.,-- ....f ;'::-:,.
:'"~~'.;'
'"':..:.3' <'t..
''', .....,.
,-.'.
.,:',
.,
',;.
'."
',\e, _'"
',Ire.
'. .:~.\~t,i
/'
l,:'
<~
~:"
"
, .
.
. '.: .,.',; :~~::.., ,~-':'. ",;_~ I=':.i~,- ~:,~'~(~:~,:::;;',~j;~'3 ;:'t,~:~L~:'!:~;:~'j;:;'J~~:'~':~~:_::'::"~~};.-}.,-'j'i~~~.lJ:':2'..i:;;L:rj,:;:.:;...sG~;~:,1i"..:..-;i.~~.:';:;:~,: ;;,~,.:!:;{;.:,.:~~~L:.-::- :O:';,}J~~;" '....':
.....~
k
~
~
, 1
I
I
I
I .
, ~
i .,
,
,
I
~.
.
~.-)'
,=
,Jl
~'~;(;,",.""'.:'
'Jl
"
~'
. ,
.,
~..;
([
'"',, 0 .,,".
',. .
---
,r ".."
n,
",,;,;,"".
Ordinance No. 94-3636
Page 10
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 in a written resolution setting
forth the full reason for its decision and the
vote of each member participating therein.
Such resolution shall be placed on file for
public inspection in the office of the City
Clerk within five (5) business days after the
meeting at which the application was acted
upon. Thereafter, a copy of the resolution
shall be sent to the applicant by ordinary
mail. If the application is approved or ap-
proved with modifications acceptable to the
applicant, a certificate of appropriateness
will be issued, signed by the chairperson,
and immediately transmitted along with the
application to the Building Official. If the
application is disapproved, the application
will be immediately transmitted, along with
the written resolution of the Commission's
findings, to the Building Official.
E. Appeal to the City Council: Any applicant
aggrieved by any decision of the Commis-
sion may appeal the action to the City
Council. Such an appeal must be in writing
and must be filed with the City Clerk no
later than ten (101 business days after the
filing of the above-mentioned resolution.
The City Council shall, within a reasonable
time, hold a public hearing on the appeal,
give public notice as required by State law,
as well as provide written notice to the
applicant and to the appellant, if different
from the applicant, and decide the appeal
within a reasonable time. In deciding such
appeal, the City Council shall consider
whether the Commission has exercised its
powers and followed the guidelines estab-
lished by law and this Article, and whether
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
to thet end shall have the powers of the
Commission from whom the appeal Is taken.
--
.,,'..,'. ".':,','i;')~;;:-.;7r'"'\\.
..,',' ".,0.\....,>.. , :Vl'.' ','; ,
'. '., .,i' .'~,/'"' ,.,l' ,.1<~':'.':",.:':;'.,:,~.., "
I
.~. . I
. ':.
,.'
~ "';"
r
1
,
.,
"
, .
\"
p
:i .!
,
~, "",'
..l, .:'-.:.,,1/
';'::";;'''H;''''';''''10''2i"",,':S'''o,,'i,
, , " .:.:. 5:.' "UI' ,/,::
. ," " ......n. "'''.1'''/. '.:'
.. ':'-~ .~.~;--::_:.";;,,
~>.r'.'''
".,."
',,.,-,
".,
'. .~.
'.:'
',.,:,,".:i, '
.'....,:.:t,.'.
, . ',\l,~' .
,. ",1.,...
.i~.
. .,".<'
..
.,
.:.
,..
,,:',
,:\
~ .-.
;:1.," ,"' '-11
, .,,',.,.', "', ,......, -'. ..:,.., ,'. ......, .-:. '..
.:.;:..... _..:;~~i:':;':._':;;.~::'~::"'.;'.'~: ,~~~:-..:~r:i.t~~::1:'.:.';.r ;:;~.~:~, ;~:: ~.'Ll;,~. ~,;.;:.-'::'.L<~~~~J~.~':,t~~lL'~;'"-;i:~.\{;~;{E~: 1:;~!H~::'~~~..:L'~j::',.i~~;;i;::i;~~~.:j;L:;:~j::',:.~-
~
. .
.
- . . , "
.:; L,':~:::' ~r",';':;:~;:~'...~: ',;,;: :::: ::-, ...::.\,~. 'i:, ,::':; ~';.;>::;~,::t::~\:~ '. ~:,.:c.'~" :.'...':1:1:" .' . .
Ordinance No. 94-3636
Page 11
'j
,
,
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 of appropriateness issued on the
basis of approved applications authorize
only changes in appearance set forth in
such approved applications and no other
changes in appearance. It shall be the duty
of the Building Official or designee to in-
spect, from time to time, any work per-
formed pursuant to such a certificate to
ensure compliance with the requirements of
such certificate. If it is found that such
work is not being carried out in accordance
with the certificate, the Building Official
shall issue a stop-work order. Any change
in appearance at variance with that autho-
rized by the certificate shall be deemed a
violation of these regulations.
Sec. 14-4C.S. REMEDY OF DANGEROUS
CONDITIONS:'
A. Except for emergencies as determined by
the Building Official pursuant to the ordi-
nances of the City, City enforcement agen.
cies and departments shall give the Historic
Preservation Commission at least thirty (30)
days' notice of any proposed order for
remedying conditions determined to be
dangerous to life, health or property which
may affect the exterior features of any
building.
B. The Commission shall have the power to
require that changes or alterations not
adversely affect the exterior features of a
building in cases where the danger to life,
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
exterior features. Such plan shall be ap.
proved by the Commission and shall be
signed by the chair of the Commission, the
,,:.
',"I
I
;
,
,
.;
':;.
.
--~..:.
j:
"
I
I
.....""1~
k", f
(";"
\1
~
,~- .
'}.,f',
I
i
! ~ 'I
I
i
I {;
ll,~
'.
I
I
'See also Section 14.5F.3 of this Title.
.'.
d.O' ,
",:.i
." '"
.---- --~~--
...... . " .,."", ,,,,,,,,",,,,,,,
l ~'O,.'...."'..,;... '."",', ''''''''')V''''''';''-'''1''l''1'''t~.".\ ' '.' 'I
!~ ",',"".'" " ..J"""""'-'''''''''''''''''''''' ',', .,
~"o,..'l:,',.... ',' " "'5\"'" .0'\
..Cr.'. I,'" .'" .,...... -: ,J ",.,'.' '"
. . "''',,;,:/'-':' :,:' "'" . """i ~...:~ ,,"'~i:,' :,.I::.;:l,:",:I'.:.,ij",:
,C,' 0,...
':.-'.' .
. --
;,'.
,";.
. ,. ",~,:,,"L" , :.\,'"
.'e.",
: ,,:.:'~'
i
,
,i
"
,
..i
,
r
(~
\
,.
,/.!Ii
''',."""'
!
~
i
I
I
,
I
I ~.
\1
,
,fr' ~~
"~
.'..
.....,.::..'-t".
~
.,
0,
::~~,t~~.;,,~, .....
;..
I
.~. ,
,
"
,..
",
,"'W
,,,,,., .
,
'/'.
..
Ordinance No. 94-3636
Page 12
t:;: ::,,:~.,.', ,:, "'::.-:~;~':; i~:~':!i~ :-~-::,;! ;.;.' ."",;,t; ~'.l
r
I
property owner, and the head of the City
enforcement agency or department.
C. If a solution acceptable to the Commission,
the City enforcement agency or department,
and the property owner cannot be reached
within thirty (301 days or a period of time
acceptable to the City enforcement agency
or department, the agency or department
shall proceed to issue and enforce its pro-
posed order.
Sec. 14-4C-9. COMPLIANCE WITH ZONING
REGULATIONS:
Any new building shall conform to all setback
requirements of the zone in which it is to be
built or moved.' However, if a building has
been damaged or destroyed due to fire. explo-
sion, act of God or other natural disasters, it
may be placed upon its original foundation or
the site of the original foundation regardless of
the extent of damages, provided it is recon-
structed as near as possible to the original
exterior design.2
Sec. 14-4C-10. PENALTIES:
Any violation of this Chapter shall be consid-
ered a simple misdemeanor or Municipallnfrac-
tion or environmental infraction as provided for
in Title 1, Chapter 4 of the City Code.
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.
,
f!\
\[;J
,.".1"
I',"
'See Section 14-6Q-4 of this Title.
2See Chapter 6, Article T of this Title for
restoration of nonconforming structures.
,
" ,.
~o1J
'"
..~,.
. ."
',;,"
, "~I,; ,,~' .".~:,..~...p\:<
Jw".,',...,.,....."e,.....'"..".........e,.....c.".."I"..r.' "1 .
,\:,,;.,,~):t~,.';<;:r,":::':',~~':"\'" " '.':'''..',.~.~':r:{.,~::..::'.,. '"I''' .'.,:'~"" ":':\ ',;-~, . [J:,I,},\
.,;" ,,"" ,., . ,,~J 5 ., ' ,'.
't1\"" .::p.>.:"::;';:,:::',):...,~.';'<\.';.::.., :.' . '" "~'. ". ,':. ',~ ' . '- :::~'_~',\~...;-:.;",~/).
v-
.,7~
'",:,.",>,:,I:'::.'!;:;:.:()i~.:
-".~,-.,.: ')/,:.""
_i_;,:',.;.".,;-
,; ..
.'",._~,.""
'. j,'
II..;
"f'
,
.
- :~.,
,..
.
..
'~,;
~,
Ordinance No, 94- 3636
Page 13
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, on September 1, 1994.
Passed and approved this 30th day of
August, 1994. ----
~dLfj .
MAYOR .
ATTEST'~ If ~-
CITY CL: RK
i
'.' "
';,
?~2-9(
ppdadmln\hpc.ord
A"
\;;1
,
!
,
,.':
..,'
1
.J
("
~
>Al
,,-
I'
,,",.
!
I
I
I
I
I
I
I
t
I '
'.
"
,
:;,,'
.., I-"~\"" ';:-.,.:,;li:i:
J",'w '..0'1...,",..., "".... """"""''''''r''''''';'''''''''''I'"'''',' ..,.,. 'I >,,'
;':,p',;;,~:',:"!~1i',?:,'r~""'<" '..'.'>"'.',.,"" " ,rid,"; ,.,.,'.t.
. I ,_\,,,.,,,....,J._'.,\ '. t,..,). ,LJ,..,
~.l .:,:", ',' ,.",..", '" " ", ""r"_""~~"'~~:~"'_''J'~'.'',!!;
~O"
(;:0'~
I'
~. m~~~
T~
, ,"'"
~ ~
~;~:{.Y ,j."
',,!
.,
.. :
--;
,
,
,,' i
'j
,
.~
.: ~
,~
C
r'~
\
\
.'
a'!~
--r1
f ' i
~
lr.r::"'
,:t.. 0
" .
.i'.
,
. ~ '
.
I
,;,
r" .. ,.
\,::...:....:.::..~:.:::...;...:;.:.;.;>.;..";;...t\.~:,t.'::......il,,.."".:.\.....<...l.lw~"":.1.'~:..:l.lr:..,;..;""',',:.ld"~'.:;:.-;; ;~'-,-'.~o;",:~-':".I"'~:l.'~>":'J::U~"';"_"\""''''''''''''''' '. -,
'..
Ordinance No. 94-3636
Page ...!L
It was moved by Kubbv and seconded by Thromnorton
as read be adopted, and upon roll call there were:
that the Ordinance
AYES:
ABSENT:
NAYS:
1(
x
x
x
x
x
1('
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
First Consideration 8/? /9~
, .
Vote for passage: AYES: Pigott, Baker, Horowitz, Kubby,
Lehman, Novick. NAYS: None. ABSENT: Throgmorton.
Second Consideration
Vote for passage:
Date published
9/7 /94
Moved by Kubby, seconded by Novick, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance be voted upon
for final passage at this time. AYES: Baker, Horowitz, Kubby, Lehman,
Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None.
~O'J
1
j
1
I
,I
..;
,.
'-':Il' '~. .'
(
,...1
Il'
..,..,'---.,".,
'-.,.',',.' -,,',,:,", "','1
, :;..'.....-...;
-
'i.
, ,.,:':1
J. ~,..-............"" """"f''''',''l'' 1"""!JJ-'t r;;.'" ','!"'.T',!,/,,- 'r..ll1'1;...,....\~"..,~,."')-I'.."'...",\i:,
'~d"O": ':';','1 :,'}<:~:;',:~' .,\:::..::~\,' .'" :;"j". ' ,",,:"(" '::." './~" ;~::,_ ::"~: ",Q..".'.\i,'
~:~ ,,',', "; '.',:'.J; ,',; l~;'" '.. .' ., :' ..". '. , ' . ..or). /::: C l,: i " " ,',
.',,, ".....".,"."...,... . ~ ,)"" ,
- ~ ,. ., " ,.,'.... ,,,,~:\I:.':':',,,:,;(:',:;,,:,,,:,,!:", \,', ." .. ::.',:, ',:,',,':""'" .L..,. '." ,;'!,;
";',' "
."',,,'"
'f i'
:~.,.,"-".,' ./.....:;
~,
"; ..
:.,..\>" .
,.-'\ '.
". '-;".
'.
J"'}
" ..,
.'
.., -',~t;\"'!:,
. '.
'. .. .",'..
, .r
,--,'
....."..
.,'.~'
;...
I"' .
,..
"
': 'bD: 71\-\0
-';'
>;
I
,
. ". - ~
'.
'~'.
(~
(.,...,'.
~: \
("";,,,"
\ \1
c"
";;!i
'/-...
~ '
i I
II
I>:"
I ~"
\
.'(__o~__
"",.-.
,
~,."___" ;,,,. . ,;'.c.:.- "..-,;.,', :.....
ORDINANCE NO. 94-3637
AN ORDINANCE AMENDING CHAPTER 8,
ARTICLE II, OF THE CODE OF ORDINANCES
OFTHE CITY OF IOWA CITY, IOWA, ENTITLED
"BUILDING CODE" BY ADOPTING A NEW
SECTION 8-17(28) AND RENUMBERING THE
REMAINDER OF THE SECTION.
WHEREAS, the City of Iowa City wishes to
encourage business owners to make their
establishments accessible to people with physical
disabilities, and
WHEREAS, in some cases, it may be
appropriate to locate building features which
provide accessibility within the city right-of-way,
and
WHEREAS, the Uniform Building Code as
adopted by the City of Iowa City currently
prohibits such intrusions into the right-of-way, and
WHEREAS, the Board of Appeals has
reviewed the proposed amendment to the
Building Code and recommends its adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENTS. Chapter 8,
Article II entitled "Building Code" of the Code of
Ordinances of the City of Iowa City, Iowa, be and
the same is hereby amended by adopting a new
Section 8-17(28) and renumbering the remainder
of the Section to read as follows:
(28) Add a new section 4508 as follows:
ACCESSIBILITY. Section 4508. Doors, ramps,
lifts, and other bUilding features which are
designed to provide accessibility for the physically
disabled may project Into publiC property beyond
the limits of this chapter. Any such projection
shall be reviewed and approved by City Council
prior to Its construction.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be Invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged Invalid or unconsti-
tutional.
-.- 1R~_ : ~.
j ~,,- , "-.-
. ' \ "I'" ,'~ , ' . '\
,J ,.
" ,,';' ,
, ,,,,0, " I','
". I,"
- '. .
" !,',
I .
I'
I
"\ "
.! .1
~O,~ ......
..,..~.,......,..".'''''..r''....''''''....I..''.:ji
,'.~.:'..."'.,. '"'5''''''' n',\.
. " ;;\,'~- .,' '\;:::.':.'~::.,,~.~~/':.
~)'.X',
;..,',
"
";':,"'.."" . ,
,..-~,tw,~' . .
.~. I_.~';. ':,,': '",:0.
"
, .",',1
...' ~
. ~'
"
, ,
',-,
~, .
.
'I
,
,', "
'.:
Ordinance No. 94- 3637
Page 2
:::
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 · 30th day of
August, 1994.
/1JAa_M~ #JhA"-S
MAVOR- "-
ATTEST: )Jlo~ ,r. ~
C1TVmRK
i
;<
- i
I
hlsblg\chB-17.ord
i
-,1
"
'-"1,",
,\ ,
(~
'~
i~
I: )
I I
! ~;
I
I
I
,1,1
,,,,
. ,'.;
';
,
4>-
~~~ "
,'" \, .......
J "J"Jl"'>;Hr"~;;"(V"~i~' \ ',\ ",~';::;r '7-\ t\"~:~ ~-'~ -r).,,""""1" \ I oil
0', I"~ ,:' ": ',' , '15 '" '
. I l" \~ ' ~,' "f .,.' 'l\
,.' 'I " "...~" .' ~i P, ,'.' ' , "', \ '.
. \. \ " ""'r'" I"t,
..;.:..1
'c,".~v
, '.f
-
J
..,..,.,.-.....
" ~ ; ,;. :"_:;
,I
, .l<
',: ~ '
";~'. .
",',::4
"'.'"
Ordinance No. 94-3637
Page 3
,'I
It was moved by Kubbv and seconded by
as read be adopted, and upon roll call there were:
Pigott that the Ordinance
1
j
I
;
" !
j
!
I
i
I
I
AYES:
NAYS:
ABSENT:
i
. ~
j
I
I
, ~
x
x
x
x
1{
x
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
. 1~
,
.'i
Date published
q/7/q4
! ':~
"'1)
,,:
. {: '
.,
~
First Consideration R /? I Qb.
Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman,
Novick, Pigott. NAYS: None. ABSENT: Throgmorton.
Second Consideration --------------------
Vote for passage:
j
'.
Moved by Kubbyj seconded by Pigott, that the rule requiring ordinan,ces to bJ '
considered and voted on for passage at two Council meetings prior to the J'
meeting at which it is to be finally passed be suspended, the secondconsid.
eration and vote be waived and the ordinance be voted upon for final pas sag
at this time. AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton,
Baker. ' NAYS: None.' ABSENT: None. '
.?
.':'
,'!
,.....;;
"
(, ii
\I
~"",""
. -' I
,,::.
.. \
,/
i\
!',i. '
",-
~', :,:' I ~
1i,' ';
~M
,J:"
, \
([,',: " lr~~1tI,!",::
I,', 0, ,,'
'\ '.,,', ",.. ,
. ~~-----
i"",""
fA I _..:.:
-
:l._..,."",w'_r,""",,_...,3~~r~- ':""'"'~"i:'
- - ",~" ,Ill', ".....,.~,I,\I\'lf..~~1 I []'
".... ,,0;',":' ',',:,:' "': ,\ , '!}5 " ,;'
'\' , , '.~ ," ,-:,'/;':",." ""~ t' ,1M, .... "":""""1'''''1,.:1\
"
,,'" ,
",",',
".:, "\".''.,/