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HomeMy WebLinkAbout1977-07-05 Ordinance0 ORDINANCE NO. 0 AN ORDINANCE AMMING CHAPTER 8.10, THE ZONING ORD- INANCE, OF THE MUNICIPAL CODE OF THE- CITY OF ICNYA CITY BY ADDING DEFINITIONS FOR A RESTAURANT, A DRIVE- IN OR CARRY -COPT RESTAURAilT, AND A STACK - SPACE, BY AM MING AND ADDING SPACE REQUIRE14NiS FOR SEVERAL TYPES OF BUSINESSES AND BY ADDING TO THE DUTIES OF THE BOARD OF ADJUSTMENT. SECTION 1. PURPOSE. The purpose of this ordinance is to provide more comprehensive regulation of the parking space requirements for different types of businesses than had existed and to add to the duties of the Board of Adjustment. ` SECTION 2.,, AMENDMENTS. Chapter 8.10 shall hereby be amended in the x., following- manner: K ' 1. Section 8.10.3 A Definitions is amended by adding the following ' definitions: w y 64a. RESTAURANT - A business where the dispensing and the consumption at indoor tables of edible foodstuff and/or beverage is the principal business operation; including a cafe, cafeteria, coffee shop, lunch roon, tearoom, dining room, bar, cocktail lounge or tavern. The total seating area located within the r enclosed portion of the premises shall be more than fifty (50) ft1 percent of the total floor area, ,z 64b. RESTAURANT, DRIVE-IN OR CARRY -OUT - A business whose principal operation is the dispensing of edible foodstuff and/or beverage for consumption in autonoblies, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The , 0 -2- 0 total seating area located within the enclosed portion of the premises, if provided, shall be less than fifty (50) percent of the total floor area. 67. STACKING SPACE - An off-street and permanent dust free surface at least nine (9) feet wide and twenty (20) feet long, designed to accommdate a motor vehicle waiting for entry to a service facility and located in such a way that no parking space or access to a parking space is obstructed. 2. Section 8.10.25 A is amended by amending the following sections: One space for each 6. seats in the main auditorium. f , 15. Auditoriums, theaters, Parking spaces shall be provided sports arenas and other at the ratio of 2/3 the designed similar places of assembly, maximum capacity of the facility except bowling alleys, min- in participants or one parking t iature golf courses, and space for each 5 seats provided game rooms. in the facility, whichever is greater. 3. Section 8.10.25 A is amended by adding the following sections: One (1) parking space shall be provided for each two hundred (200) square feet of floor area. Drive-in establishments shall, in addition, provide six.(6) stacking spaces per external teller or customer service window, but need not exceed 18 total spaces. Stacking spaces shall be provided equal in number to five (5) times the maximum capacity of the auto- nobile laundry for each wash rack (bay or tunnel) or three (3) times the maximum capacity for a win operated laundry for each wash rack. ■ 0 -3 0 In addition, one (1) parking space shall be provided for each two (2) wash racks. Maximum capa- city, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time. Stacking spaces for automobile laundries in ayn- bination with service stations may be provided behind the pumps. Automobile service 1W (2) stacking spares shall be stations and garages provided for each island of pumps and each service stall plus one (1) parking space for each four (4) pumps and service -stall. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. Motor vehicle and One (1) parking space shall be machinery sales provided for each eight hundred (800) square feet of floor area. Restaurants, drive-in One (1) parking space shall be or.car y -out provided for each fifty (50) square feet of floor area, but not less than ten (10) spaces. Restaurants or establish- ments dispensing food or beverages for consumption on the premises (not in- cluding drive-in estab- lishments) Furniture, appliance and household equipment stores or furniture and appliance repair shops 23. Retail stores other than listed 24. Bowling alleys 25. Minature golf courses 26. Warehousing and storage areas One (1) parking space shall be provided for each eighty-five (85) square feet of floor area, or one (1) parking space for each three (3) seats, whichever is greater. One (1) parking space shall be provided for each five hundred (500) square feet of floor area. One (1) parking space shall be provided for each one hundred eighty (180) square feet of floor area. Three(3) parking spaces shall be pro- vided for each alley. One (1) parking space shall be pro- vided for each five hundred (500) square feet of play area. One (1) parking space shall be pro- vided for each one thousand (1000) square feet of floor area. 18 21, 19 '+ 20 M� i 22, 0 -3 0 In addition, one (1) parking space shall be provided for each two (2) wash racks. Maximum capa- city, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time. Stacking spaces for automobile laundries in ayn- bination with service stations may be provided behind the pumps. Automobile service 1W (2) stacking spares shall be stations and garages provided for each island of pumps and each service stall plus one (1) parking space for each four (4) pumps and service -stall. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. Motor vehicle and One (1) parking space shall be machinery sales provided for each eight hundred (800) square feet of floor area. Restaurants, drive-in One (1) parking space shall be or.car y -out provided for each fifty (50) square feet of floor area, but not less than ten (10) spaces. Restaurants or establish- ments dispensing food or beverages for consumption on the premises (not in- cluding drive-in estab- lishments) Furniture, appliance and household equipment stores or furniture and appliance repair shops 23. Retail stores other than listed 24. Bowling alleys 25. Minature golf courses 26. Warehousing and storage areas One (1) parking space shall be provided for each eighty-five (85) square feet of floor area, or one (1) parking space for each three (3) seats, whichever is greater. One (1) parking space shall be provided for each five hundred (500) square feet of floor area. One (1) parking space shall be provided for each one hundred eighty (180) square feet of floor area. Three(3) parking spaces shall be pro- vided for each alley. One (1) parking space shall be pro- vided for each five hundred (500) square feet of play area. One (1) parking space shall be pro- vided for each one thousand (1000) square feet of floor area. 21, rr 22, 7 0 -3 0 In addition, one (1) parking space shall be provided for each two (2) wash racks. Maximum capa- city, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time. Stacking spaces for automobile laundries in ayn- bination with service stations may be provided behind the pumps. Automobile service 1W (2) stacking spares shall be stations and garages provided for each island of pumps and each service stall plus one (1) parking space for each four (4) pumps and service -stall. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. Motor vehicle and One (1) parking space shall be machinery sales provided for each eight hundred (800) square feet of floor area. Restaurants, drive-in One (1) parking space shall be or.car y -out provided for each fifty (50) square feet of floor area, but not less than ten (10) spaces. Restaurants or establish- ments dispensing food or beverages for consumption on the premises (not in- cluding drive-in estab- lishments) Furniture, appliance and household equipment stores or furniture and appliance repair shops 23. Retail stores other than listed 24. Bowling alleys 25. Minature golf courses 26. Warehousing and storage areas One (1) parking space shall be provided for each eighty-five (85) square feet of floor area, or one (1) parking space for each three (3) seats, whichever is greater. One (1) parking space shall be provided for each five hundred (500) square feet of floor area. One (1) parking space shall be provided for each one hundred eighty (180) square feet of floor area. Three(3) parking spaces shall be pro- vided for each alley. One (1) parking space shall be pro- vided for each five hundred (500) square feet of play area. One (1) parking space shall be pro- vided for each one thousand (1000) square feet of floor area. -4- 4. 4 4. Section 8.10.25 A, 16 and 17 are amended to read as follows: 27. OFF -SM.= PARKING SPACE RDQUIRBWM - For all uses, except those above specified, off-street parking spaces shall be provided accordingly: (a) When located in the R, C1, or CH Zones, one space for each one hundred (100) square feet of floor area. (b) When located in the CO Zone, one space for each two hundred (200) square feet of floor area. (c) When located in the C2 Zone, one space for each three hundred (300) square feet of floor area. 28.For commercial uses in the M and ORP Zones, one space for each 300 square feet of floor area; for industrial uses in M and IP Zones, and all other uses in the ORP Zone, one space for each 600 square feet of floor area. 29. For all office or coamercial uses in the CBS Zones, parking shall be exempt except for the uses listed in Section 8.10.25A.7 and 17 through 20. Drive-in banks and savings and loan institutions need not carply ivith the parking requirement but shall canply with the stacking space requirement. Section 8.10.25B is amended by adding the following portion: "Seat" means the space intended for one individual. Where benches or pews are used, the number of seats shall be based on one person for each 18 inches of length of the pews or benches. • -5 S Where booths are used in dining areas, the number of seats will be based on one person for each 24 inches or major portion thereof of length of booth. 6. Section 8.10.28H.2 is amended to read as follows: 2. 2� 7b hear and decide special exceptions to the terms of the ordinance concerning the following: (a) Use of a premises for public utility and railroad purposes. (b) Reconstruction of a non -conforming building that would otherwise be prohibited by this Ordinance. (c) Varying the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this Chapter but providing that such a reduction not be more than 50 percent of the usual requirement. (d) Waiving part or all of the parking spaces required by this Chapter for a commercial, public or quasi -public use located adjacent to municipal parking facilities, where an applicant demonstrates that during peak hour demands, there are sufficient parking spaces available for the use, (e) Waiving the requirements of Section 8.10.18.A as to screening of cammercial uses adjacent to residential districts and the requirements of distance separation of Section 8.10.18.H, if the commercial use is wholly confined within buildings or the Board finds that said use does not present any obnoxious or offensive appearance to the adjoining R district. 1 • 0 SECTION 3. REPEATER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECPION 4. SAVINGS CLAUSE. 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. SECPICN 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by and seconded by that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: ABSERr: Balmer — — deprosse Foster — _ Neuhauser —_ Perret Selzer — Vevera MARY C. NLUHAUSER, MAYOR ATTEST: ABBIE SMLFUS, CITY CLERK First Consideration Vote for passage: day of , 19 RECEIVED k APPROVED BY THE LEGAL DEPAR'MENT STAFF REPORT / To: Planning and Zoning Commission Prepared by: Don Schmeiser Re: Parking Revision INTRODUCTION Date: May 5, 1977 The most recent major revision of the parking provisions of Section 8.10.25 of the Zoning Ordinance was made in 1974. It is apparent, however, that still further revision is necessitated. Applicable subsections should be revised to eliminate at least three eminent problems with the existing requirements by: 1. Establishing specific off-street parking requirements for retail uses, 2. Exempting the requirement for off-street parking for commercial uses in the CBS Central Business Service Zone except for automobile orientated uses, and 3. Establishing requirements for recreational uses such as indoor tennis courts, handball courts, etc. ANALYSIS The following analysis is presented as the basis and explanation of intent for the provisions within a suggested ordinance attached to this report which would amend certain applicable subsections of Section 8.10.25 of the Zoning Ordinance. PARKING PROVISIONS FOR RETAIL USE A retail use if located in a C2 Zone would be required to provide one parking space for each 300 square feet of gross floor area. If the same use were located in a C1 or CH Zone, one space per 100 square feet of gross floor area, three times the required number of parking spaces, must be provided. Obviously, a retail use (or for that matter any use) needs a certain number of parking spaces for customer convenience, regardless of the zone in which it is located. It has been demonstrated that retail stores in general will need approximately 5.5 spaces per 1000 square feet of floor area -- an average equivalent to approximately one space per 180 square feet of floor area. Some retail establishments such as furniture, appliance and household equipment stores will need much less parking per gross floor area because so much of the floor space is devoted to display. Trends indicate that for such similar establishments, at least one parking space should be provided for each 500 square feet of floor area. Suggested parking requirements for retail use are as follows: USE Furniture, appliance and household equipment stores or furniture and appliance repair shops. Retail stores other than listed. SPACE REQUIREMENTS One (1) parking space shall be provided for each five hundred (500) square feet of floor area. One (I) parking space shall be provided for each one hundred eighty (180) square feet of floor area. 3/99 0 -2- PARKING PROVISIONS FOR THE CBS ZONE 9 Off-street parking for uses in the CB Zone is not required and is permitted only upon the recommendation of the Commission and approval by the City Council. The CBS Zone is located in a five -block area contiguous to the CB Zone. As in the CB Zone, it can be argued that in the CBS Zone, businesses, other than automobile orientated businesses such as service stations, drive-in banks and savings and loan institutions, car washes, car dealers and drive-in restaurants, most likely will be supported by walk-in trade. Since a parking area can consume as much as a fourth to a third or more of a building site, parking for such uses should appropriately be waived. Currently, in the CBS Zone one parking space is required for each 500 square feet of floor area regardless of the type of use. Auto -orientated uses must necessarily be segregated from other businesses to facilitate application of specific parking requirements for such uses. Since automobile orientated uses again have differing parking needs, parking provisions are written for each specific use. In addition, to distinguish between a restaurant dispensing food or beverage for consumption on the premises and a drive-in or carry -out restaurant, definitions for each have been supplied. A definition for stacking space, a necessary requisite for any drive-in facility, is also provided. Stacking space needs for drive-in banks and savings and loan institutions are inversely proportional to the number of teller or customer service windows, i.e., the more windows provided the faster the service, necessitating fewer stacking spaces. Suggested changes to applicable sections of the Zoning Ordinance are proposed as follows: DEFINITIONS RESTAURANT. A BUSINESS WHERE THE DISPENSING AND THE CONSUMPTION AT INDOOR TABLES OF EDIBLE FOODSTUFF AND/OR BEVERAGE IS THE PRINCIPAL BUSINESS OPERATION; INCLUDING A CAFE, CAFETERIA, COFFEE SHOP, LUNCH ROOM, TEAROOM, AND DINING ROOM BUT NOT INCLUDING A BAR, COCKTAIL LOUNGE OR TAVERN. THE TOTAL SEATING AREA LOCATED WITHIN THE ENCLOSED PORTION OF THE PREMISES SHALL BE MORE THAN FIFTY (50) PERCENT OF THE TOTAL FLOOR AREA. RESTAURANT, DRIVE-IN OR CARRY -OUT. A BUSINESS WHOSE PRINCIPAL OPERATION IS THE DISPENSING OF EDIBLE FLOODSTUFF AND/OR BEVERAGE FOR CONSUMPTION IN AUTOMOBILES, AT OUTDOOR TABLES, AT STAND-UP COUNTERS OR TO BE CARRIED OFF THE PREMISES. THE TOTAL SEATING AREA LOCATED WITHIN THE ENCLOSED POR'T'ION OF THE PREMISES, IF PROVIDED, SHALL BE LESS THAN FIFTY (50) PERCENT OF THE TOTAL FLOOR AREA. STACKING SPACE. AN OFF-STREET AND PERMANENT DUST FREE SURFACE AT LEAST NINE (9) FEET WIDE AND TWENTY (20) FEET LONG, DESIGNED TO ACCOMMODATE A MOTOR VEHICLE WAITING FOR ENTRY TO A SERVICE FACILITY AND LOCATED IN SUCH A WAY TINT' NO PARKING AREA OR ACCESS TO A PARKING AREA IS OBSTRUCTED. • USE 16. BANKS AND SAVINGS AND LOAN INSTITUTIONS 17. AUTOMOBILE LAUNDRIES 18. AUTOMOBILE SERVICE STATIONS AND GARAGES 19. MOTOR VEHICLE AND MACHINERY SALES 20. RESTAURANTS (CARRY -OUT) 21. RESTAURANTS,(DRIVE-IN) OR REFRESHMENT STAND (WHERE FOOD OR BEVERAGE IS CONSUMED IN A VEHICLE) 22. RESTAURANTS OR ESTABLISIUIENTS DISPENSING FOOD OR BEVERAGES FOR CONSUMPTION ON THE PREMISES (NOT INCLUDING DRIVE-IN ESTABLISHMENTS) -3- 0 SPACE REQUIREMENTS ONE (1) PARKING SPACE SHALL BE PROVIDED FOR EACH TWO HUNDRED (200) SQUARE FEET OF FLOOR AREA. DRIVE-IN ESTABLISHMENTS SHALL IN ADDITION PROVIDE SIX (6) STACKING SPACES PER EXTERNAL. TELLER OR CUSTOMER SERVICE WINDOW BUT NEED NOT EXCEED 18 TOTAL SPACES. STACKING SPACES SHALL BE PROVIDED EQUAL IN NUMBER TO FIVE (5) TIMES THE MAXIMUM CAPACITY OF THE AUTOMOBILE LAUNDRY FOR EACH WASH RACK, PLUS ONE (1) PARKING SPACE FOR EACH TWO (2) EMPLOYEES. MAXIMUM CAPACITY, IN THIS INSTANCE, SHALL MEAN THE GREATEST NUMBER OF AUTOMOBILES UNDERGOING SOME PHASE OF LAUNDERING AT THE SAME TIME. TWO (2) STACKING SPACES SHALL BE PROVIDED FOR EACH ISLAND OF PUMPS AND EACH SERVICE STALL PLUS ONE (1) PARKING SPACE FOR EACH TWO (2) EMPLOYEES. PARKING SPACES SHALL BE PROVIDED IN LIEU OF STACKING SPACES IN INSTANCES WHERE EGRESS FROM A FACILITY WOULD REQUIRE A MOTOR VEHICLE WAITING FOR ENTRY TO BE MOVED. ONE (1) PARKING SPACE SHALL BE PRO- VIDED FOR EACH EIGHT HUNDRED (800) SQUARE FEET OF FLOOR AREA. ONE (1) PARKING SPACE SHALL BE PROVIDED FOR EACH FIFTY (50) SQUARE FEET OF FLOOR AREA. One (1) parking space shall be pro- vided for each twenty (20) square feet of floor area, but not less than ten (10) spaces. ONE (1) PARKING SPACE SHALL BE PRO- VIDED FOR EACH ONE HUNDRED (100) SQUARE FEET OF FLOOR AREA, OR ONE (1) PARKING SPACE FOR EACH THREE (3) SEATS PLUS ONE (1) PARKING SPACE FOR EACH THREE (3) EMPLOYEES, WHICHEVER IS GREATER. a 10 _ FOR AL1, OFFICE OR COMMERCIAL. USES IN THE CBS ZONE, PARKING SHALL 1111 EXEMPT EXCEPT FOR THE USES LISTED IN SECTION 8.10.25A.17 THROUGH 22. DRIVE-IN BANKS AND SAVINGS AND LOAN INSTITUTIONS NEED NOT COMPLY WITH THE PARKING REQUIREMENT BUT SHALL COMPLY WITH THE STACKING SPACE REQUIREMENT. PARKING PROVISIONS FOR INDOOR RECREATIONAL FACILITIES The existing Zoning Ordinance requires that for auditoriums, theaters, sports arenas and stadiums, one parking space for every four seats be provided. Now, indoor tennis courts, handball courts, etc. have been construed to be sports arenas; but, such facilities may not include seating or only a few seats at most. Parking space requiremdnts, therefore, should be based upon seating or user demand, whichever is more appropriate. Suggested parking provisions for these categorical uses are proposed as follows: USE AUDITORIUMS, THEATERS, SPORTS ARENAS AND OTHER PLACES OF ASSEMBLY ATTACHMENT Proposed ordinance. I SPACE REQUIREMENTS PARKING SPACES SHALL BE PROVIDED AT THE RATIO OF 2/3 THE DESIGNED MAXIMUM CAPACITY OF THE FACILITY IN PARTICIPANTS AND EMPLOYEES OR ONE PARKING SPACE FOR EACH 5 SEATS PROVIDED IN THE FACILITY, WHICHEVER IS GREATER. Approved by: Poul Glaves Acting Director Dept. of Community Dev. STAFF REPORT To: Planning and Zoning Commission Prepared by: Don Schmeiser Re: Parking Revision INTRODUCTION Date: May 5, 1977 The most recent major revision of the parking provisions of Section 8.10.25 of the Zoning Ordinance was made in 1974. It is apparent, however, that still further revision is necessitated. Applicable subsections should be revised to eliminate at least three eminent problems with the existing requirements by: 1. Establishing specific off-street parking requirements for retail uses, 2. Exempting the requirement for off-street parking for commercial uses in the CBS Central Business Service Zone except for automobile orientated uses, and 3. Establishing requirements for recreational uses such as indoor tennis courts, handball courts, etc. ANALYSIS The following analysis is presented as the basis and explanation of intent for the provisions within a suggested ordinance attached to this report which would amend certain applicable subsections of Section 8.10.25 of the Zoning Ordinance. PARKING PROVISIONS FOR RETAIL USE A retail use if located in a C2 Zone would be required to provide one parking space for each 300 square feet of gross floor area. If the same use were located in a Cl or CH Zone, one space per 100 square feet of gross floor area, three times the required number of parking spaces, must be provided. Obviously, a retail use (or for that matter any use) needs a certain number of parking spaces for customer convenience, regardless of the zone in which it is located. It has been demonstrated that retail stores in general will need approximately 5.5 spaces per 1000 square feet of floor area -- an average equivalent to approximately ope space per 180 square feet of floor area. Some retail establishments such as furniture, appliance and household equipment stores will need much less parking per gross floor area because so much of the floor space is devoted to display. Trends indicate that for such similar establishments, at least one parking space should be provided for each 500 square feet of floor area. Suggested parking requirements for retail use are as follows: USE Furniture, appliance and household equipment stores or furniture and appliance repair shops. Retail stores other than listed. SPACE REQUIREMENTS One (1) parking space shall be provided for each five hundred (500) square feet of floor area. One (1) parking space shall be provided for each one hundred eighty (180) square feet of floor area.. 0 -2- PARKING PROVISIONS FOR THE CBS ZONA 0 Orr -street parking for uses in the CB Zone is not required and is permitted only upon the recommendation of the Commission and approval by the City Council. The CBS Zone is located in a five -block area contiguous to the CB Zone. As in the CB Zone, it can be argued that in the CBS Zone, businesses, other than automobile orientated businesses such as service stations, drive-in banks and savings and loan institutions, car washes, car dealers and drive-in restaurants, most likely will be supported by walk-in trade. Since a parking area can consume as much as a fourth to a third or more of a building site, parking for such uses should appropriately be waived. Currently, in the CBS Zone one parking space is required for each 500 square feet of floor area regardless of the type of use. Auto -orientated uses must necessarily be segregated from other businesses to facilitate application of specific parking requirements for such uses. Since automobile orientated uses again have differing parking needs, parking provisions are written for each specific use. In addition, to distinguish between a restaurant dispensing food or beverage for consumption on the premises and a drive-in or carry -out restaurant, definitions for each have been supplied. A definition for stacking space, a necessary requisite for any drive-in facility, is also provided. Stacking space needs for drive-in banks and savings and loan institutions are inversely proportional to the number of teller or customer service windows, i.e., the more windows provided the faster the service, necessitating fewer stacking spaces. Suggested changes to applicable sections of the Zoning Ordinance are proposed as follows: DEFINITIONS RESTAURANT. A BUSINESS WHERE THE DISPENSING AND THE CONSUMPTION AT INDOOR TABLES OF EDIBLE FOODSTUFF AND/OR BEVERAGE IS THE PRINCIPAL BUSINESS OPERATION; INCLUDING A CAFE, CAFETERIA, COFFEE SHOP, LUNCH ROOM, TEAROOM, AND DINING ROOM BUT NOT INCLUDING A BAR, COCKTAIL LOUNGE OR TAVERN. THE TOTAL SEATING AREA LOCATED WITHIN THE ENCLOSED PORTION OF THE PREMISES SHALL BE MORE THAN FIFTY (50) PERCENT OF THE TOTAL FLOOR AREA. RESTAURANT, DRIVE-IN OR CARRY -OUT, A BUSINESS WHOSE PRINCIPAL OPERATION IS TILE DISPENSING OF EDIBLE FLOODSTUFF AND/OR BEVERAGE FOR CONSUMPTION IN AUTOMOBILES, AT OUTDOOR TABLES, AT STAND-UP COUNTERS OR TO BE CARRIED OFF THE PREMISES. THE TOTAL SEATING AREA LOCATED WITHIN THE ENCLOSED PORTION OF THE PREMISES, IF PROVIDED, SHALL BE LESS THAN FIFTY (50) PERCENT OF THE TOTAL FLOOR AREA. STACKING SPACE. AN OFF-STREET AND PERMANENT DUST FREE SURFACE AT LEAST NINE (9) FEET WIDE AND TWENTY (20) FEET LONG, DESIGNED TO ACCOMMODATE A MOTOR VEHICLE WAITING FOR ENTRY TO A SERVICE FACILITY AND LOCATED IN SUCH A WAY THAT NO PARKING AREA OR ACCESS TO A PARKING AREA IS OBSTRUCTED. -3 - USE SPACE REQUIREMENTS 16. BANKS AND SAVINGS AND ONE. (1) PARKING SPACE SHALL BE LOAN INSTITUTIONS PROVIDED FOR EACH TWO HUNDRED (200) SQUARE FEET OF FLOOR AREA. DRIVE-IN ESTABLISHMENTS SHALL IN ADDITION PROVIDE SIX (6) STACKING SPACES PER EXTERNAL TELLER OR CUSTOMER SERVICE WINDOW BUT NEED NOT EXCEED 18 TOTAL SPACES. 17. AUTOMOBILE LAUNDRIES STACKING SPACES SHALL BE PROVIDED EQUAL IN NUMBER TO FIVE (5) TIMES THE MAXIMUM CAPACITY OF THE AUTOMOBILE LAUNDRY FOR EACH WASH RACK, PLUS ONE (1) PARKING SPACE FOR EACH TWO (2) EMPLOYEES. MAXIMUM CAPACITY, IN THIS INSTANCE, SHALL MEAN THE GREATEST NUMBER OF AUTOMOBILES UNDERGOING SOME PHASE OF LAUNDERING AT THE SAME TIME. 18. AUTOMOBILE SERVICE STATIONS TWO (2) STACKING SPACES SHALL BE AND GARAGES PROVIDED FOR EACH ISLAND OF PUMPS AND EACH SERVICE STALL PLUS ONE (1) PARKING SPACE FOR EACH TWO (2) EMPLOYEES. PARKING SPACES SHALL BE PROVIDED IN LIEU OF STACKING SPACES IN INSTANCES WHERE EGRESS FROM A FACILITY WOULD REQUIRE A MOTOR VEHICLE WAITING FOR ENTRY TO BE MOVED. 19. MOTOR VEHICLE AND MACHINERY ONE (1) PARKING SPACE SHALL BE PRO - SALES VIDED FOR EACH EIGHT HUNDRED (800) SQUARE FEET OF FLOOR AREA. 20. RESTAURANTS'(CARRY-OUT) ONE (1) PARKING SPACE SHALL BE PROVIDED FOR EACH FIFTY (50) SQUARE FEET OF FLOOR AREA. 21. RESTAURANTS (DRIVE-IN) OR One (1) parking space shall be pro - REFRESHMENT STAND (WHERE FOOD vided for each twenty (20) square OR BEVERAGE IS CONSUMED IN A feet of floor area, but not less VEHICLE) than ten (10) spaces. 22. RESTAURANTS OR ESTABLISHMENTS DISPENSING FOOD OR BEVERAGES FOR CONSUMPTION ON THE PREMISES (NOT INCLUDING DRIVE-IN ESTABLISHMENTS) ONE (1) PARKING SPACE SHALL BE PRO- VIDED FOR EACH ONE HUNDRED (100) SQUARE FEET OF FLOOR AREA, OR ONE (1) PARKING SPACE FOR EACH THREE (3) SEATS PLUS ONE (1) PARKING SPACE FOR EACH THREE (3) EMPLOYEES, WHICHEVER IS GREATER. 0 -4- 1:011 ALI, OFFICE OR COMMERCIAL USES IN THE CBS ZONE, PARKING SHALL Illi EXEMPT EXCEPT FOR THE USES LISTED IN SECTION 8. 10,25A.17 THROUGH 22. DRIVE-IN BANKS AND SAVINGS AND LOAN INSTITUTIONS NEED NOT COMPLY WITH THE PARKING REQUIREMENT BUT SHALL COMPLY WITH THE STACKING SPACE REQUIREMENT. NARKING PROVISIONS FOR INDOOR RECREATIONAL FACILITIES The existing Zoning Ordinance requires that for auditoriums, theaters, sports arenas and stadiums, one parking space for every four seats be provided. Now, indoor tennis courts, handball courts, etc. have been construed to be sports arenas; but, such facilities may not include seating or only a few seats at most. Parking space requirements, therefore, should be based upon seating or user demand, whichever is more appropriate. Suggested parking provisions for these categorical uses are proposed as follows: USE AUDITORIUMS, THEATERS, SPORTS ARENAS AND OTHER PLACES OF ASSEMBLY ATTACHMENT Proposed ordinance. SPACE REQUIREMENTS PARKING SPACES SHALL BE PROVIDED AT THE RATIO OF 2/3 THE DESIGNED MAXIMUM CAPACITY OF THE FACILITY IN PARTICIPANTS AND EMPLOYEES OR ONE PARKING SPACE FOR EACH 5 SEATS PROVIDED IN THE FACILITY, WHICHEVER IS GREATER. Approved by: Paul Glaves Acting Director Dept. of Community Dev. ORDINANCE NO. SECTION II. AMENDMENT A. (8.10.3A) Ll 64a. RESTAURANT. A business where the dispensing and the consumption at indoor tables of edible foodstuff and/or beverage is the principal business operation; including a cafe, cafeteria, coffee shop, lunch room, tearoom, and dining room but not including a bar, cocktail lounge or tavern. The total seating area located within the enclosed portion of the premises shall be more than fifty (50) percent of the total floor area. 64b. RESTAURANT, DRIVE-IN OR CARRY -OUT. A business whose principal operation is the dispensing of edible foodstuff and/or beverage for consumption in automobiles, at outdoor tables, at stand-up counters or to be carried off the premises. The total seating area located within the enclosed portion of the premises, if provided, shall be less than fifty (50) percent of the total floor area. 67. STACKING SPACE. An off-street and permanent dust free surface at least nine (9) feet wide and twenty (20) feet long, designed to accommodate a motor vehicle waiting for entry to a service facility and located in such a way that no parking area or access to a parking area is obstructed. B. (8.10.25A) Use Space Requirements 8. Churches One space for each 6 seats in the main auditorium. 15. Auditoriums, theaters, Parking spaces shall be provided at sports arenas and other the ratio of 2/3 the designed maximum places of assembly capacity of the facility in partici- pants and employees or one parking space for each 5 seats provided in the facility, whichever is greater. 16. Banks and savings and loan One (1) parking space shall be provided institutions for each two hundred (200) square feet of floor area. Drive-in establishments shall in addition provide six (6) stacking spaces per external teller or customer service window, but need not exceed 18 total spaces. 17. Automobile laundries Stacking spaces shall be provided equal in number to five (5) times the maximum capacity of the automobile laundry for each wash rack, plus one (1) parking space for each two (2) employees. Maximum capacity, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time. I 21. Restaurants (drive-in) or One (1) parking space shall be provided refreshment stand (where for each twenty (20) square feet of food or beverage is consumed floor area, but not less than ten (10) in a vehicle) spaces. 22. Restaurants or establishments One (1) parking space shall be provided dispensing food or beverages for each one hundred (100) square feet for consumption on the pre- of floor area, or one (1) parking space mises (not including drive- for each three (3) seats plus one (1) in establishments) parking space for each three (3) employees, whichever is greater. 23. Furniture, appliance and household, equipment stores or furniture and appliance repair shops. 24. Retail stores other than listed. 25. Bowling alleys One (1) parking space shall be provided for each five hundred (500) square feet of floor area. One (1) parking space shall be provided for each one hundred eighty (180) square feet of floor area. Three (3) parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated users -- bars, restaurants, and the like. 26. OFF-STREET PARKING SPACE REQUIREMENTS. For all uses, except those above specified, off-street parking spaces shall be provided accordingly: (a) When located in the R, C1 and CH Zones, one space for each one hundred (100) square feet of floor area. (b) When located in the CO Zone, one space for each two hundred (200) square feet of floor area. (c) When located in the C2 Zone, one space for each three hundred (300) square feet of floor area. -2- 18. Automobile service Two (2) stacking spaces shall be stations and garages provided for each island of pumps and each service stall plus one (1) parking space for each two (2) employees. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. 19. Motor vehicle and One (1) parking space shall be pro - machinery sales vided for each eight hundred (800) square feet of floor area. 20. Restaurants (carry -out) One (1) parking space shall be provided for each fifty (50) square feet of floor area. 21. Restaurants (drive-in) or One (1) parking space shall be provided refreshment stand (where for each twenty (20) square feet of food or beverage is consumed floor area, but not less than ten (10) in a vehicle) spaces. 22. Restaurants or establishments One (1) parking space shall be provided dispensing food or beverages for each one hundred (100) square feet for consumption on the pre- of floor area, or one (1) parking space mises (not including drive- for each three (3) seats plus one (1) in establishments) parking space for each three (3) employees, whichever is greater. 23. Furniture, appliance and household, equipment stores or furniture and appliance repair shops. 24. Retail stores other than listed. 25. Bowling alleys One (1) parking space shall be provided for each five hundred (500) square feet of floor area. One (1) parking space shall be provided for each one hundred eighty (180) square feet of floor area. Three (3) parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated users -- bars, restaurants, and the like. 26. OFF-STREET PARKING SPACE REQUIREMENTS. For all uses, except those above specified, off-street parking spaces shall be provided accordingly: (a) When located in the R, C1 and CH Zones, one space for each one hundred (100) square feet of floor area. (b) When located in the CO Zone, one space for each two hundred (200) square feet of floor area. (c) When located in the C2 Zone, one space for each three hundred (300) square feet of floor area. 0 -3- 27. For commercial uses in the N1 and ORP Zones, one space for each 300 square feet of floor area; for warehousing or storage use in the M and ORP Zones, one space for each 1000 square feet of floor area; for industrial uses in hl and IP Zones, and all other uses in the ORP Zone, one space for each two employees or maximum number working at any one time or one space for each 600 square feet of floor area, whichever is greater. 28. For all office or commercial uses in the CBS Zone, parking shall be exempt except for the uses listed in Section 8.10.25A.17 through 22. Drive-in banks and savings and loan institutions need not comply with the parking requirement but shall comply with the stacking space requirement. B. (8.10.25B) 8. "Seat" means the space intended for one individual. Where benches or pews are used, the number of seats shall be based on one person for each 18 inches of length of the pews or benches. Where booths are used in dining areas, the number of seats will be based on one person for each 24 inches or major portion thereof of length of booth. 01UHNANU: NO. 77-2844 AN ORDINANCE A',WNDING '1111: )ItINICIpAL COUF. OF '1111' CITY 01: IOi4A (T1Y, 10WA, BY PROVIDING FOR A COl•MU-111 RE( ULA' ION 01: TAXI CANS 141'111111 '11111 CITY OP 10:11:1 CITY, IOi4A, AND REPIALMG MUNICIPAL CODE 67.1 '111ROUGII 67.14 (CM)TVR S. 16 OV '17fl: MUMCHPU. CODE OF 'fif(i CI'fY OF 101WA CITY, 1019A). SECTION 1. PURPOSE. 'lhe purpose of this Ordinance is to provide for tie ealt , safety and general ti•;elCare of the residents of the City of Iowa City, Iowa, by enacting comprehensive regulations per- taining to the operation and use of taxicabs in the City of Iowa City, Iowa. SECTION Tl. A`•1ENUMEM'. Chapter 5.16 of the Phmi.c:ipal Code of the City of Iowa City, owa, shall hereby state as follows: C 11TER 5.16 TAXIC RS 5.1.6.1 DEFINITIONS. The following words and phrases when used in this Ordinance iave the meanings as set out herein: a. Certificate means a certificate of public convenience and necessity issued by the City Council, authorizing the holder thereof to conduct a taxicab business in the City of Town City, lova. b. City Manager means the City Manager or his/her designate. C. Holder means a person to whom a certi.fi.cate of public con- venience and necessity has been issued. d. Manifest means a daily record prepared by a taxicab driver of all. to ps made by said driver showing and place of origin, destination, number of passengers, and the amount of fare of each trip. e. Person includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association. f. Rate card means a card issued by the City Hanager for display In each Taxicab which contains the rates of fare then in force. g. Street shall mean any street, alley, court, lane, bridge or pudic place within the City. h. Taxicab shall include all vehicles furnished with a driver and carrying passengers for hire fol' which public patronage is solicited within the City of Town City, lows. Automobiles 3.262 Ord. No. 77-28440 -2- • used exclusivoly for het Cl business shall not he considered as taxicabs within the meaning of this paragraph, nor shall vehicles cumnonly known as "rent -a -car", for which a driver is not furnished, be considered as taxicabs, nor shall buses operating over a fixed route in the city be considered as taxicabs within the meaning OF this paragraph. In addition, vehicles owned or operated by state or local government entities which provide transportation to the public shall not be considered taxicabs. 5.16.2 CEM'.IFICA'fE Op PUBLIC CONVENEWCI! hND Nl:ci;ssffY dui lQ 1HUM. No person shall operate or permit a tax -LET) a.�ne or controlled by him to be operated as a vehicle for hire upon the streets of the City of fovea City, lova, without having first obtained a certificate of public convenience and necessity from the City Council. 5.16.3 APPLTCATION FOR CHR'I'IP.1CA'1'B. Alb application for a certificate shall befiled with the CifyTIork upon Forms provided by the City of Iowa City, Iowa, and said application shall be verified under oath and shall furnish the following information: a. The name and address of the applicant. b. The financial status of the applicant. C. the experience of the applicant in the transportation of passengers. d. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. i C. The number of vehi.cles to be operated or controlled by the applicant and the location of proposed dispatch points and street stands. f. 'file color scheme or i.nsigliia to be used to designate the vehicle or vehicles of the applicant. g. Such further pertinent information as the City Council of the City of Towa City, Iowa, may require. V 5.16.4 111IBLTC HEARING. a. No certificate required by this division shall. be granted or issued to operate a taxicab or taxicabs unless and until the City Council, after a public hearing held before it, shall by resolution declare that the public convenience and necessity require the proposed taxicab service for which appl.ication for a license to operate such taxicab or taxicabs is nude. N Ord. No. 77-2840 -3- • b. lbe hearing regiri.red by subsection :i. shall be had only after thirty (30) clays written notice of the hearing is served upon all persons holding taxicab licenses, and after a notice addressed to the public and signed by the City Clerk shall have been published pursuant to state law, informing the public that the application is pending. llhe service and publication of the notice shall be at the expense of the applicant. 5.16.5 LIABILITY INSURAN(T. a. As a condition to granting the certificate the person seeking such certificate shall file, in the office of the City Clerk, a motor vehicle operator's liability insurance policy, executed by a company authorized to do insurance business in the State of Iowa, in a form approved by the City Manager. 'Ilia minmuan limits of such policy shall be as set forth by City Council Resolution. Each policy shallcontain the following endorse- ment: "it is understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be given ten (10) clays prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation of this policy shall not be affected by any act or omission of the named assured, or any employee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the assured in payment of the premium, nor in the giving of any notice required by said policy, or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the assured." b. The failure of any certificate holder to maintain such policy in full force and effect throughout the life of the certificate shall. constitute revocation of the certificate. 5.16.6 CIiRTIFICATE OF PUBLIC CONVENIENM AND NECESSITY. a. Certificates shall be valid beginning on the first clay of May of each year, and shall expire on the last clay of the April next following. Renewal of a certificate shall follow the same procedure as set for issuance of an initial certificate. b. No certificate shall be issued or continued in operation unless the holder thereof has paid a fee as set by City Council resolution. C. In cases where certificates are issued on or after the first clay of November in each year, one-half (1/2) only of the fees established in subsection b, shall be paid. Ord. No. 77-280 .i • 5.16.7 SUSPENSION OR RERVATION OF CGRUFICATH, It. The City Manager is empowered and authorized Lu revolve or suspend any ccrtificatc issued whenever: (1) the holder has failed to comply with any provisions of this ordinance, or wovld (2) a fact exists which imkl have been a ground .for refusal to issue a certificate, or (3) the holder's service to the public is so :inadequate or insufficient as to adversely affect the public. b. A certificate of necessity may be suspended or revoked by the City Manager upon thirty (30) days notice. Said notice shall: (1) he in writing; (2) include a statement of the factual circuustances relating to the action taken; (3) include a reference to the particular section of this ordinance involved authorizing said action; (R) allow a specific time for the performance of any act to remedy the existing situation; (5) be delivered either by personal service or sent by certified mail, retunt receipt requested; (6) include a statement that the holder es said certificate affected by this notice may request, and shall be granted a hearing before the City Council. 71ie notice shall further state that a failure to request a hearing x by filing a written appeal with the City Clerk within tett (1.0) clays of service or mailing of said notice and order shall constitute a waiver of the right to a hearing and that said notice shall become a final. determination and order. C. Any certificate holder affected by any notice or order nay request, and shall. be granted, a hearing on the suspension or revocation before the City Council, provided that the licensee file with the City Clerk a written petition of appeal within ten (10) days of the date the notice was served or mailed. Any petition so filed shall state a brief statement of the grounds upon which said appeal .is taken. The filing of such petition shall stay any action taken by the City Manager until final determination by the City Council. Failure to request a hearing within ten (1.0) days of service or mailing of a notice shall constitute a waiver of the right to a hearing, and the action taken by the City Manager shall. become a final. determination and order. Ord. No. 77-284• -5- • d. Upon receipt of the ;ippeal, the City Clerk shall set tike mert.ter for public hearing, before the City Council ne Intel- than atertht thirty pw) days from the riling; of the appeal. !ot.:icc Of said public hearing ::hall be pursuant to state law, with written not ific;ition to the appollnnt. c. 'The hearing of an appeal shall be open and informal.. Tho, hearing may be continued by the City Council. F. 'lhe City Council shall render its opinion within thirty (30) days of the close of the hearing. lltc decision of the City Council shall be •a final determination and the appellant may seek relief therefrom In the District Court of Iowa as pro- vided by the laws of this state. Such decision may consist of: (1) reaffirmation of the original decision to revoke, sus- pend, or deny renewal of the certification, or (2) deletion or alteration of any part of the original decision, or (3) reversal of the original decision by reinstating, or ordering the renewal or issuance of the certificate. 5.1.6.8 LiCERSE PL1'1'E: ISSUNNCE; ATEXClMOW TO VI1I1CLE; FORM. Upon the granting of -a certificate rcqu:are ry itis ivision, tJtc holder, upon payment of a fee as set forth by Resolution by the City Council, shall affix to a conspicuous and indispensable part of each taxicab, a small. plat not exceeding, six (6) inches in diameter, which shall bear the taxicab .license number of the vehicle and the year in which the license was issued. 5.16.9 NANIE OF CCkMPAW TO BP. PAINTED ON VFJIICLE: SIZE AND LOCATION OF avt} e Te name of the owner or the operating company thereof painted plainly in letters at least two (2) incites in height in the center of the main panel of one (1) door on each side of the taxicab. 5.16.10 DISTINCTIVE COWR SCHBIH RE I1 . Each taxicab that shall he licensed pursuant to t rts�.tvision and used upon the streets of the City shall be finished in a distinctive color, either in whole or in part, so that it may be readily and easily distinguished from other vehicles as a taxicab, which color scheme shall and mmist at all times meet with the approval and requirements of the City Council. 5.16.11 TO BE EQUIPPED NITIi INTERIOR LIGUS. Each taxicab shall he equippe-Titli ria interior light of sugicient candlepower capable to amply illtmhinate the interior of the taxicab at all. times. 'Ihe light shall be so arranged as to be easily accessible to and operable by passengers; however, interior lights may be discon- nected at any time after sunrise and before sunset. 5.16.12 MECHMICAL INSPEC'T'ION. Fach applicant for a certificate of necessity or a renewal . of said certificate shall submit with his/her application proof that all motor vehicles used as taxicabs conform to the requirements of mechanical fitness ars set forth in the Code of Iowa. Said proof shall consist of official cortificatcs of inspicti.ons issued pursuant to state law. l,: Ord. No. 77-280 -6- • 5.16.13 TAXICAB DRIVER'S LICENSE. No person shall operate a taxicab forii�•c uupon the streets of the City of luwa City, Iowa, mid nu person who owns or controls a taxicab shall permit it to he so driven, and no taxicab licensed by the City of Iowa City, Iowa, shall he so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then in force a chauffeur's License .issued under the provisions of the State Cale. 5. 16.14 IF)WIFICATION CARD 191111 NAIVE PND PHOTOGRAPH OF DRIVER 'It) BF DISPLAYED. :ac i taxicab driver ver s a i, wile operating a tax.LCa1) in ties—City, display in a prominent place in the taxicab, visible from all seats used by passengers, an .identification card showing the full name of the driver and his/her photograph. 5.16.15 DISCLOSURE, 01: FARES. The driver of any taxicab shall disclose to any persons so requesting at anytime during or prior to the hiring of the taxicab, an estimate of the amount of fare to be charged said person for the hiring of said taxicab. This estimate shall be as proximate to the fare charged as practicable but :in no instance shall any driver of any taxicab charge a fare in excess of the estivate so given plus an au:otnt equal to a one-half (1/2) mile charge. 5.16.16 PARES. Prior to the establishment of or change in fare or charges to passengers for taxicab services rendered, the holder of the certificate of necessity shall submit to the City Clerk a proposed schedule of fares and charges. Upon receipt of such a schedule, the City Clerk shall cause said proposal to be published pursuant to state law and set the matter for a public hearing before the City Council. Said notice shall be substantially inthe following form: NOTICE OF PROPOSED TAXICAB FARE CILAINGE TO ALL RESIDDITS 01' '11113 CITY OF IOWA CITY, IOWA, AND '1'0 OMER PERSONS INIERFSUM: The has submitted to the City Council ofLa- i�f- oaC:ity, Iowa, the following proposed schedule of fares and charges for taxicab services: (rate schedule) hea ri n A public har-ingIon this proposal will be held on , 19 , at 7:30 o'clock P.M. Said meeting is to e field at the Council Chambers in the Civic Center in said City. The proposed is submitted for City Council's determination of reasonableness. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said proposal or any part. thereof.. Ord. No. 70944 -7- • lliis notice is given by order of the City Council of the City of Iowa City, Iowa. CJ'JY CL1:Rh C11Y 01; I0WA CITY, 10WA 'Ihe City Council shall hold a publi.c hearing and make a deteimination as to the reasonableness of the proposed schedule. lhe certificate holder may be required to submit any relevant records, documents, and other memoranda to substantiate the needs of any rate change. The hearing may be :informal and testimony my be recieved for all interested persons. llie City Council shall either affirm, modify or reject the proposed rate change. The decision of the City Cotmcil shall be a final detenmination and any person aggrieved by said decision may seek relief therefrom in the District Court of Ioa as provided for in the laws of this state. No fare or charge for taxicab services shall be valid and none shall be collected by any person olming, operating or driving a taxicab unless a schedule reflecting such fares and charges has been submitted and approved by the City Council as provided herein. 'Ihe holder of the certificate of necessity shall be responsible for all expenses incurred, including but not limited to publica- tion costs of notices, resulting from application for approval of fares and charges. 16.17 RECEIP'T'S POR FARE; COiVrIWFS. Upon request, the driver in charge o a taOi ' sia11 e7.rver to the person paying for the hiring of the taxicab, at the time of the payment, a receipt therefor in legible type or writing, containing the name of the owner of the taxicab, the City license number, and any items for which a charge is made, the total amount paid, the date of payment, and the signature of the driver. 5.16.18 RATE CARD TO BE DISPIMED. Eich taxicab shall prominently .display a fare rate card visible to all passenger seats. 5.16.19 RIGIT TO DPb61NU PREPAYINU ' OF FARIi (IIJLI('d1'I'IUN'f0 CARRY 1'ASSIaVGEILS. 'Ihe driver o a taxicab ss au.. lave t e rng rt to demand payment-t— the legal fare in advance and may refuse employment unless so prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the City unless previously engaged or unable to do so. SECTION III. REPEALER. M.C. Sections 67.1 through and including 67.14 and all of er or inances or parts of ordinances in confli.ct with the provisions of this ordinance are hereby repealed. I Ord. No. 77-2840 -s- 0 SECTION IV. SEVERABILITY. If any section, provision or pari: 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. SECTION V. 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 Vevera ana that the Ordinance be lly a opte , and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer _— x _— Vevera. MYOR ATTEST: CITY CLERK First Consideration 6/21/77 Vote for passage: Ayes: deProsse, Foster, Perret, Selzer, Balmer. Nays: none. Absent: Neuhauser, Vevera. k Second Consideration Vote for passage: Ayes: Foster, Neuhauser, Perret, Selzer, Vevera, Balmer deProsse. Nays: none. Absent: none Date of Publication Passed and approved this 5th day of July 1977. sl Receiver) & Approved By The Legal D:partn?n4 • ORDINANCE NO. 77-2845 • / AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY CHANGING THE EFFECTIVE DATE FOR LICENSES ISSUED PURSUANT TO SAID ORDINANCE; REPEALING SECTION II, CHAPTER 6.12.02 AND ENACTING NEW PROVISIONS IN LIEU THEREOF. SECTION I. PURPOSE. The purpose of this ordinance is to amend Ordinance No. 77-2835 which established, among other matters, rules and regulations governing the licensing of bicycles. This amendment changes the effective date for licenses issued pursuant to said ordinance. SECTION II. AMENDMENT Chapter 6.12.02 shall be amended in the following manner: 6.12.02 LICENSE The City Manager of the City of Iowa City, Iowa, or his/her designated representative is hereby authorized and directed to issue a license valid for a period of four years upon payment of a license fee of $2.00. Said license shall entitle the owner of the bicycle for which the license is issued to operate said bicycle within the City of Iowa City, Iowa, until expiration of the license. The license shall be valid for a term of four (4) years com- mencing on October 1, 1977, and for each subsequent four (4) year period upon payment of a renewal fee and upon attachment of the license to the registered bicycle as prescribed. A fee of two dollars ($2.00) shall be charged for initial registration and a fee of two dollars ($2.00) shall be charged for each renewal thereafter. There shall be no pro -rata reduction of fees on charges for mid-term registration. All licenses issued under prior ordinances shall be invalid except those issued within one (1) year prior to the effective date of this ordinance in which instance such license shall be valid for no more than the calendar year in which this ordinance becomes effective. The license fee for those individuals who obtained a license within one (1) year prior to the effective date of this ordinance shall be one dollar ($1.00) for the first four (4) year term. It was moved by Foster and seconded by deProsse that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Foster X Neuhauser x Perret x Selzer X Vevera ATTEST: ri'm 'v&W C . Mayor RECEIVED & APPROVED BY THE LEGAL DEPARTMENT -3.20.6 Ord. No. 77-2895, -2- Nbved by Perret, seconded by deProsse, First Consideration that the rule requiring ordinances to Ix - Vote for passage: considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus - Second Consideration pended, the first and second consideration Vote for passage: and vote be waived, and the ordinance be voted upon for final passage at this tip. Ayes: Foster, Neuhauser, Perret. Date of Publication Selzer, Vevera, Balmer, deProsse. Nays: none. Adopted, 6/1. Passed and approved this 5t' day of July , 1977. 1 J