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Home My WebLink About1977-02-15 OrdinanceCity of Iowa City MEMORANDUM DATE: February 11, 1977 TO: City Council FROM: Human Relations Commission Staff RE: Amendments and Changes in the Human Rights Ordinance You received a draft of the proposed Human Rights Ordinance with the December 20, 1976 minutes of the Human Relations Commission meeting. Since that time a few amendments and changes have been made. The attached draft of the ordinance includes these changes. For your information, I will point out and explain the changes: 1. The title'has been changed from Human Relations to Human Rights Commission. 2. Section 10.2.1 - in the purpose, the phrase "to protect citizens from unfounded charges of discriminatory practices" has been added. 3. The term "affectional preference" has been dropped and homosexuality has been substituted in its place. 4. Section 10.2.4 - Employment - exceptions: A. For employment in the home if members of family are present (maid, cook, baby sitter, etc.) B. For personal services to person (nurse, companion, etc.) C. A BFOQ (bona fide occupational qualification) on the basis of sex. Actors and actress are examples. S. Sections 10.2.12 - 10.2.14 - the phrase "designated members of the Commission" has been added. The purpose of this phrase is to allow for the Commission to hold neutral designated members of the Commission as potential hearing examiners. 6. Section 10.2.17F - the phrase " the City attorney or his/her designee" is added. With this language only the City attorney or his/her designee can represent the Commission. 7. Section 10.2.19 - all reference to executive meetings was deleted. The Commission will follow the guidelines in 28A of the Code of Iowa, 8. Section 10.2 .20 the phra:sc "subject to the approval of the City Council" was deleted. Under home rule the Council no longer approves staff appointments at this level. 37/ S Ip [1 IU Ip II 1.9 • -43- • 8.10.32 8.10.32 AMENDMENT OF ORDINANCE A. Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 45 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. After the recommendations and report of the Commission have been filed, the Council shall before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of Iowa City. B. If the Commission recommends against, or if a protest against such proposal, amendment, supplement, change, modification or repeal shal•1 be presented in writing to the City Clerk, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed 200feet from the street frontage of such opposite lots, such amendment, supplement, change, modifications or repeal shall not become effective except by the favorable vote of three-fourths of the members of the Council. C. Before any action shall be taken as provided in this Section, the party or parties proposing or recommending a change in the district or zone regulation or district or zone boundaries shall deposit with the City Clerk, the following fees: (1) Area one (1) acre or less....................$100 (2) Area more than one (1) acre.. ... .......$200 (3) Requests approved by the Planning and Zoning Commission ............................No refund (4) Requests denied by the Planning and Zoning Commission but brought before the City Council at the applicant's request.. ... .............No refund ............. ... (5) Requests denied by Planning and Zoning Commission and withdrawn..............30% refund (6) Each change of zone district requested after each submission.. .. ... .. .ZS% surcharge D. No building permit for the erection of any building or structure or license or permit for the conduct of any use shall be issued for a period of sixty (60) days after the City Council of Iowa City has set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone an area which rezoning would prohibit the building or use contemplated by the requested permit in the area concerned. Provided, that if final action by the City Council is not taken on the question within sixty (60) 8.10.32-8.10.33 6 -44- days of the time the matter is set for public hearing, the permit or license shall issue. If within the sixty (60) day period the City Council shall enact an ordinance amending the Zoning Ordinance the provisions of said zone shall thereafter be in effect. If within the sixty (60) day period the Council shall vote on said ordinance and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. E. If a permit for a building or structure has been issued for a particular area but no substantial part of the construction has been commenced at the time, the City Council shall set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construction and other action shall be suspended for a period of sixty (60) days after the setting of the public hearing. Provided, however, that if final action by the City Council is not taken on the question within sixty (60) days, construction may be commenced. If within the sixty (60) day period the City Council shall enact an ordinance amending the Zoning Ordinance, the provisions of that zone shall be in effect and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the Council shall vote on said ordinance and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The suspension of work under the provisions of this Ordinance may not be invoked and are not applicable if previously said permit has been suspended under the provisions of this Ordinance. F. No property or area within the City shall be subject to the suspension of this Ordinance unless twelve (12) months shall have expired after a previous suspension period, said �j twelve (12) month period to commence with the final day of the EJ sixty (60) day suspension period provided for in this Ordinance. G. The Planning and Zoning Commission may recommend to the City Council amendments, supplements, changes, or modifications to Chapter 8.10 of the Municipal Code of Iowa City, Iowa or the boundaries of zones or the rezoning of particular tracts. If the Commission makes a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but may be set for public hearing forthwith. n 8.10.33 VIOLATIONS �J A. The owner or agent of a building or Premises in or upon which a violation of uny provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire ' building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits takes part or assists in any violation or who maintains any builAing or premises in