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HomeMy WebLinkAbout1977-05-03 Ordinance• ORDINANCE NO. 77-2833 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM C2 ZONE TO R3A ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOTA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of C2 Zone and the boundaries of R3A Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: East seven (7) feet of Lot 6, Block 42, Original Tom of Ima City, Iowa. (522 E. Burlington) as requested by the Planning and Zoning Commission. Section 2. 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 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. It was moved by Foster and seconded by Perret that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: BAUER x dePROSSE x FOSTER x NEIMUSER x PERRET Y SELZER Y EV ERA Y Passed and approved this 3rd day of May 1977. 91 Ordinance No. 77-2833 Page 2 MAYOR PRO TEM ATTEST: CITY CLERI 11 First Consideration 4/19/77 Vote for passage: Ayes: Neuhauser, Perret, Selzer, Vevera, Bahnex deProsse, Foster. Nays: none. Absent: none. Second Consideration 4/26/77 Vote for passage: Ayes: Selzer, Vevera, Balmer, deProsse, Foster, Neuhauser, Ferret. Nays: none. Absent: none. Date of Publication 0 0 STAFF IMPORT To: Planning and Zoning Commission Prepared by: [)on Schmeiser Item: Z-7701. 522 E. Burlington Street Date: 3/3/77 GENERAL INFORMATION Applicant: Initiated by the Planning and Zoning Commission at the request of Dean and Evelyn Oakes Requested action: Rezoning to R3A Multi -family Residence Zone Existing zoning: C2 Commercial Zone Purpose: To construct a 12 -unit residential apartment building Location: The east seven feet of Lot 6, Block 42 of the Original Town of Iowa City Size: 1,050 square feet Existing land use: Vacant Surrounding land use and zoning: West - duplex and C2 East - duplex and R3A North (across alley) - multi -family apartment building and R3A South (across Burlington Street) - discotheque and C2 Comprehensive plan: Area is designated for C2 Zoning history: February 1977 -- rezoning application to 113B for all of Lot 6 and part of adjoining Lot 7, denied by the Planning and Zoning Commission and subsequently withdrawn (see file Z-7501). SPECIAL INFORMATION Public utilities: A ciequute central water and sewage service ure available. public sarriccn: Sanitutiou Svriice is available as well us police and fire protection. Tnmspnrtation: Aceels wnuld he provided from all euro -west alley to the rear of the _i'e. 4if SI fes' ��.�ln`�'��y'v�'!,w"�^,'� w2�C33� a�O? �„h �*Z�A�� 1� �'M��• 1 1 e- ... 2C L"trS.:.R ;•' 1 � i� � �. �'1 �:.��+.r ��1Iw�' �: ��r�. 3ii3oNrT�0.+l�'. �N��@i��\, -e ^• L3.%�;-'•�`xa. 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BE IT ORDAIN BY THE COUNCIL OF THE CITY OF IOiVA CITY, ICAYA: SECTICN 1. PURPOSE. The purpose of this Ordinance is to provide for the health, safety and welfare of the citizens of Iowa City, Iowa by providing for the care and maintenance of the Iowa City Municipal Cemetery, authorizing the Council to establish regulations, rates and charges for the cemetery, providing penalties for domestic animals in the cemetery, after hours use of the cemetery, speeding, discharge of firearms and injury to monuments and plants. SECTIIN II. CARE AND MAINTENANCE. The director of Parks and Recreation shall be charged with the care and maintenance of the Iowa City municipal cemetery. SECTION III. REGULATIONS. Regulations for the Iowa City municipal cemetery shall be established by resolution of the Council of the City of Iowa City, Iowa. Regulations shall be on file in the office of the City Clerk, available for inspection by the public during normal business hours. SECTION IV. RATES AND CHARGES. Rates and charges for services and burial spaces of the Iowa City municipal cemetery shall be estab- lished by resolution of the Council of the City of Iowa City, Iowa., Rates and charges shall be on file in the office of the City Clerk, available for inspection by the public during normal business hours. SECTION V. ANIMAL R NOT ALLMED IN (E61FTI7l % No dog or other domestic animal, with the exception of seeing eye dogs; shall he in the Iowa City municipal cemetery unless confined inside a vehicle, SECTION VI. CI7E= HOURS. No person shall be in the Iowa City municipal cemetery whether on foot, in a vehicle, or otherwise, between the hours of 9:0D P. Y. and 7-K A. M. , urleee granted spacial authorization by the City. SECTION VII. M1ElERY SPIM) LIMIT. No per )n shall operate any vehicle within the Tom .'ty muni.cipal cemetery at a slx-,ed in axcr• s (if fi ftw•n (151 nii l� lv.r hnmr, . (:7 0 Page 2 Ord. No. 77-2834 SECffiN VIII. CHARGE OF FIREARMS. . No perslithall discharge any gun, pistol or other firearm within the Iowa City municipal cemetery, except that firearms utilizing blank ammunition may be discharged within the City cemetery in conjunction with a funeral, committal or mewrial service, provided that prior approval is obtained from cemetery staff. 'chis section shall not apply nor be construed to prevent any United States, state, county or City peace officer from discharging any firearms in the execution of his/her duties as such of f icer. SECTION IX. DEFACEMGKT OF NIONU14IIsM1S. No person shall mar or deface any monument, stone or statuary within the Iowa City municipal cemetery. No person shall make tracings or rubbings from any monument, stone or statuary within the Iowa City municipal cemetery. SECTION X. INJURY 10 PLANTS. No person shall pick any wild or cultivated flowers, or injure any shrub, tree or plant within the Iowa City municipal cemetery. SECTION XI. REPEALER. Ordinance No. 2331 (Chapter 3.26 of the Iowa City Code of Ordinances (1966), and Ordinance No. 838 (Chapter 7.14, Section 5 of the Iowa City Code of Ordinances), and all other ordinances or parts of ordinances in conflict with this ordinance, are hereby repealed. SECTION XII. SEVERABILITY CLAUSE. If any section, provision or part of the ordinance shall Fe 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. SECfIGN XIII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Perret and seconded by Balmer that the Ordinance be final y adopted, and upon roll call there were: A71WT: AYES: NAYS: ABSENT: X X _ X — x X — x x — Cr ty Cl*k Balmer deProsse Foster Neuhauser Perret SPIzer vevera,r r� Mayor Pro Tem Page 3 • • Ord. No. 77-2834 First Consideration 4/19/77 Vote for passage: Ayes: Ferret, Selzer, Vevera, Balmer, deProsse, Foster, Neuhauser. Nays: none. Absent: none Second Consideration 4/26/77 Vote for passage: Ayes: Vevera, Balmer, deProsse, Foster, Neuhauser, Perret, Selzer. Nays: None. Absent: None. Date of Publication Passed and approved this 3rd day of May 1977.