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HomeMy WebLinkAbout1977-07-26 Ordinance•ORDINANCE NO. 77-2848 ,19,t c c c- Fo <T AN ORDINANCE VACATING A PAW OF PARSONS AVINUL•; �-Zr, SFF IN IOWA CITY, IOWP., NEAR [•LILLIAEl I4HITE BOULEVARD dE ems// 7S1 [TEISHINGION STREET PLACE. (/-cEco(�l BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOM CITY, IO{@1: SECTION I. VACATION. There is hereby vacated a portion of Parsons Avenue in Iowa City, Iowa, near William White Boulevard and Washington Street Place, legally described as follows: A portion of Parsons Avenue described as follows: Cortmencing at a point that lies South 89 degrees, 48' East 191.5 feet of the northeast corner of Lot 19 Block 1 Clark and Borland's Addition to Iowa City, Ioaaa, and at the Southwest Corner of Parsons Avenue as extended; thence S 89 degrees 48' East 30 feet; thence north to the southerly line of William White Boulevard, (Formerly the right of way of the CRI & P Railroad Company); thence N 49 degrees 47' West along said Southerly line to a point north of the point of beginning; Thence South 62.1 feet to the point of beginning. 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 All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 uneonstitu- tional. SECTIULq IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by deProsse and seconded by Vevera 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: c�J �lor i City clerIV RECEIVED & APPROVED First Consideration Ayes: deProsse,. M 7/5/77 BY RE LEGAL DEPARTUERT Vote for passage: Foster, Neuhauser, Perret,,L)t6$ Second Considerationa,7 'L t��r. Nays: none Vote for passage: yes/: oster, Neuhauser, Perret, Selzer, Balmer, deProsse. Date of Publication: Nays: Vevera Passed and approved this 26th day of July , 1977. 3293 ORDINANCE M. AN ORDINANCE MO DING CHAPTER 8.10, THE ZONING ORD- INANCE, OF THE MUNICIPAL CODE OF ME CITY OF IOIVA CITY BY ADDING DEFINITIONS FOR A R.ESTAURA.W, A DRIVE- IN OR CARRY-0[Pf RESTAURANT, AMID A STACK - SPACE, BY MIMING AND ADDING SPACE REWIREhff M FOR SEVERAL TYPES OF BUSINESSES AND BY ADDING 10 THE DUTIES OF THE BOARD OF ADJUSMENT. 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. AWDOM. Chapter 8.10 shall hereby be amendp-1 in the following manner: 1. Section 8.10.3 A Definitions is amended by adding the following definitions: 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 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 autoioblies, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The 3'.911 N -2 - total seating area located within thnclosed 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 space or access to a parking space is obstructed. Section 8.10.25 A is amended by amending the following sections: USE 8. Churches 15. Auditoriums, theaters, sports arenas and other similar places of assembly, except bowling alleys, min- iature golf courses, and game rooms. SPACE MQUIHF UNIS One space for each 6 seats in the main auditorium. Parking spaces shall be provided at the ratio of 2/3 the designed maximum capacity of the facility in participants or one parking space for each 5 seats provided in the facility, whichever is greater. 3. Section 8.10.25 A is amended by adding the following sections: USE 16. Banks and savings and loan institutions. 17. Automobile laundries t YF 7' 044D_ F.�eiii:To 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- mobile laundry for each wash rack (bay or tunnel) or three (3) times the maximum capacity for a coin operated laundry for each wash rack. 0 -3- 0 18. Automobile service stations and garages 19. Motor vehicle and machinery sales 20. Restaurants, drive-in or carry -out 21. Restaurants or establish- ments dispensing food or beverages for consumption on the premises (not in- cluding drive-in estab- lishments) 22. Furniture, appliance and household equipment stores or furniture and appliance repair shops 23. Retail stores other than listed 24. Dmvling alleys 25. Minature golf courses 26. Warehousing and storage areas 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 com- bination with service stations may be provided behind the pumps. rAvo (2) stacking spaces shall be 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. One (1) parking space shall be provided 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, but not less than ten (10) spaces. 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. Section 8.10.25 A, 16 and 17 are amended to read as follows: 27. OFF-STREET` PARKING SPACE RDQUIRG OUS - For all uses, except those above specified, off-street parking spaces shall be provided accordingly: (a) When located in the R, Cl, 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 commercial 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 comply with the parking requirement but shall comply with the stacking space requirement. 5. Section 8.10.25B is amended by adding the following portion: 8. 'Beat" 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. I • -5 0 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. 'lb hear and decide special exceptions to the terns 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 nuke 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 commercial uses adjacent to residential districts and the requirements of distance separation of Section 8.10.18.11, 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. • -6 • SECTION 3. PM)EALM. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 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. SECTION 5. EFFECPIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was roved by and seconded by that the Ordinance be finally adopted, End upon roll call there were: AYES: NAYS: ABSETPr: _ Balmer _ deProsse _ Foster _ Neuhauser _ Perret _ Selzer Vevera MARY C. NEAHAUSER, MAYOR W19 -9—M-4 ABBIE SIOLEUS, CITY CLERK First Consideration Vote for passage: Second Consideration Vote for passage Date of Publication Passed and approved this day of 19 RECEIVED & APPROVED BY THE LEGAL DEPARTMENT • ORDINANCE N0. 77-2849 • /� AN ORDINANCE REGULATING THE OPENING AMID EXCAVATING OF PUBLIC PLACES: REQUIRING A PERMIT AND PAYMENT OF A PERFORMANCE DEPOSIT: IMPOSING REQUIREMENIS FOR THE PRO- TECTION OF LIFE AND PROPERTY IN 020TOCTION WITH EXCAVA- TION WORK, INCLUDING TRAFFIC AND PEDESTRIAN SAFEGUARDS: REGULATING THE BACKFILLING AND RESURFACING OF EXCAVA- TIONS: AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THESE PROVISIONS. SECTION 1. CITATION. This Ordinance shall be know as the "Street Excavation Ordinance of the City of Iowa City, Iowa." SECTION 2. DEFINITIONS. For the purposes of this Ordinance, the following words shall have the meaning given. A. "City" shall mean the City of Iowa City. B. "Director" shall mean the City Manager of the City or his/her authorized repre- sentative. C. "Excavation" shall mean any opening in the surface of a public place made by any means. D. "Person" shall mean any person, firm, partnership, association, corporation, municipal department, company or organization of any kind. E. "Public Place" shall mean any public street, way, place, alley, sidewalk, park, square, plaza., any City -owned right-of-way or any other public property owned or controlled by the City of Iowa City and dedicated to public use. F. "Specifications" shall mean the latest edition of Standard Specifications for Construction on Primary, Farm to Market, Secondary, State Park, and Institutional Roads and Maintenance Work on the Primary Road System, Iowa State Highway Coamis- sion, Ames, Iowa. G. "Substructure" shall mean any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire or any other similar structure located below the surface of any public place. H. "Utility" shall mean any public utility regulated by the Iowa Commerce Commission, persons holding a franchise from the City, and other similar persons. SECTION 3. EXCAVATION PERMIT All persons making or filling any excavation in any public place shall first obtain a permit from the Director except as provided in Section 19. Permits shall be obtained at least the day prior to making an excavation. No excavation permits are required for substructure installation in a new subdivision prior to acceptance of the street improvements by the City. SECTION 4. APPLICATION No excavation permit shall be issued unless a written application is submitted to the Director'on a form provided by the City. The application, when approved, shall constitute a permit. SECTION 5. CERTIFICATE OF INSURANCE Before an excavation permit is issued, the applicant shall deposit with the City a certificate of insurance in an amount to be determined by the City Council by reso- lution. The certificate of insurance shall list the City of Iowa City, Iowa, and its officers, employees and agents, as additional named insured. City departments, and other governmental agencies, may be relieved of the obligation of submitting such a certificate of insurance. 3 z9,S Ord. 77-2849 -2- • SECTION 6. PERFORMANCE DEIOSITS Performance deposits are required for any excavation in a public place. Deposits required under this section shall be a cash security. A. Purpose of Deposits: All special or annual deposits shall serve as security for the performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to complete the work under the excavation permit. B. Special Deposits: The application for an excavation permit shall be accompanied by a deposit, made in accordance with a rate schedule adopted by City Council resolution. C. Annual Deposits: In lieu of individual special deposits, any person intending to make excavations in public places shall maintain, with the City Treasurer, an annual deposit in accordance with a rate schedule adopted by City Council resolution. D. Refund of Special Deposits: Upon Director approval of the work covered by the permit, two-thirds of the special deposit shall be promptly refunded to the permittee, and the balance shall be released to the permittee one (1) year later. E. Refund or Reduction of Annual Deposits: Upon request, two-thirds of any annual deposit shall be refunded at the end of the one-year period for which the deposit is made. 7be balance of the annual deposit shall be released one year later. If no refund request is received, the deposit shall be carried over for use.as the annual deposit the following year. F. Use of Deposits: Deposits shall be used to pay the cost of any work the City performs to restore or maintain the public places in the event the permittee fails to perform the work. The amount released to the permittee shall be reduced by the amount expended. Work done by the City shall be at uniform fees based on labor, material, and overhead expense. G. Exceptions from Deposits: Where excavations are made by City departments a.permit may be granted without making such deposit. In such cases, the permittee shall be liable for the actual cost of any work done by the City in restoring the area. Rare City shall, in the future, require deposits from any such permittee if a bill rendered in accordance with this section becomes delinquent. SECTION 7, TRAFFIC CONTROL No permittee shall interrrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water -valves, underground vaults, valve housing structures, or any other vital equipment as designated by the Director. If a street closing is required, the applicant will request the assistance and the approval of the Director. It shall be the responsibility of the permittee to notify and coordinate all excavations with the Police, Fire, and Transit Departments. The permittee shall take appropriate measures to assure that traffic conditions as near normal as possible shall be maintained at all times. Type I and Type II barricades, as defined in Part VI of the Manual of Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or a sidewalk. Barricades are to be supplied by the permittee. If used at night, they must be reflectorimed, and must be illuminated or have barricade warning lights. Ord. 77-2849 • -3- • As a general guide for all, maintenance and construction signing, Part VI of the Manual on Uniform Traffic Control Devices shall be used. The permittee shall illustrate on the, excavation permit the warning amd control devices proposed for use. At the request of the Director, such warning and control devices shall be increased, decreased or modified. Oil flares or kerosene lanterns are not be allowed as means of illumination. SECTION 8. PROTECTION OF PAVED SURFACES FROM EQUIRM?r DAMAGE Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles are not permitted on paved surfaces unless specific precautions are taken to protect the surface. The permittee will be responsible for any damage to existing pavement caused by operation of such equipment and, upon order of the Director, shall repair such surfaces damaged by excavation equipment. Failure to do so will result in use of the performance deposit to repair any damage. SECTION 9. PROTECTION OF ADJOINING PROPERTY The permittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at his own expense, shore up,and protect all buildings, walls, fences or other property likely to be damaged during the excavation work, and shall be responsible for all damage to public or private property or highways, resulting from failure to properly protect and carry -out excavation work. Failure to follow the provisions of this section will result in the use of the performance deposit to repair damage. SECTION 10. RELOCATICN AND PRO=ICN OF UTILITIES The permittee shall notify the owners of all facilities in the excavation area at least one (1) day prior to excavating except as provided in Section 19. The cast of moving facilities shall be paid by the permittee. The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be affected by the excavation work. The permittee shall deter- mine the existence of all underground facilities within the excavation area by exposing prior to machine digging and protect the substructures against damage. SECrICN 11. BACKFILLING OF EXCAVATION UNDER OR WITHIN TWO FEET OF PAVED SURFACES The trenches for all substructures that lie under paved surfaces and traveled ways or within two (2) feet of paved surfaces shall be backfilled with excavated material to required grade in layers not to exceed six inches (6"), and each layer shall -be compacted to 9OF/o of modified proctor density. Granular backfill meeting City speci- fications may also be placed by any procedure which results in 90% compaction. SECTION 12. BACKFILLING OF UNPAVED AREAS AND PARKWAYS Excavated soil shall be carefully deposited and satisfactorily tamped in uniform .layers not greater than six inches (6") in thickness until the backfill reaches the top of the substructure. The remainder of the trench shall be backfilled in uniform layers not exceeding twenty-four inches (2411) in thickness, and satisfactorily tamped to within one foot of the surface. The backfilling operation shall continue with soil until the backfill remains slightly above by the ground level. Excess material shall be disposed of. Granular backfill meeting City specifications may also be used; however, soil shall be used for the final foot of backfill. SECTICN 13. REPAIR OF SURFACE The Director may specify the type of resurfacing required for any excavation; how- ever, in the absence of specific direction from the Director, the following spec- ifications shall be used for resurfacing of an excavation: A. Hightype asphalt streets. The pavement shall be neatly sawn one foot (1') Lack frau each side of the excavation and removed to a depth necessary to reach undisturbed subbase or soil. A concrete patch equal to the thickness of the existing pavenent, but in no case less than six inches (611) thick, shall be placed in the excavation and brought up to a point two inches (211) below the final surface. The permittee will complete the excavation with two inches (2") of asphalt. The concrete patch used in excavation work shall be an M4 mix and shall meet Section 4340 of the Specifications (see Section 2, Definitions). Ord. 77-2849 -4- • B. Concrete streets. The pavement shall be neatly sawn and removed one foot (1') back from each side of the excavation to a depth necessary to reach undisturbed subbase soil. If' a construction or expansion ,joint is within five feet (5') of the edge of the patch, the surface shall be removed back to this joint. A concrete patch cslual to the Lhicknays of the existing pavement but in no ease lass than six inches (6") thick shuII be placed using a f,14 mix in accordance with Section 4240 of the Specifications. C. Brick streets. Excavations in brick streets shall be repaired using the original brick or other brick suitable for a traveled surface. A six inch (6") concrete base shall be poured using a M4 mix. Above this, a sand -cement cushion one inch (I") thick shall be adjusted so that when the bricks are paved and rolled the top surface of the bricks will be at the required finished grade. The joints between the bricks shall be hand tight and shall be no greater than one-fourth inch (J"). A dry mixture of one part Portland cement and three parts sand shall be be spread over the top of the patch until the joints are completely filled. The surface then shall be fogged lightly with water. D. Low type streets. When a street consists of a seal coat, dust seal or other thin, low type surface, an asphalt patch at least two inches (2") thick shall be placed. The asphalt shall be rolled with a rubber tired vehicle until a dense, tight surface is obtained. E. Sidewalks driveways curbs and gutter, other structures. Whenever an excava- tion cuts a sidewalk, driveway, curb and gutter or other structure, the excava- tion shall be backfilled.as described in Section 11. A neat saw cut shall be made one foot (11) back from each side of the excavation to undisturbed soil; however, on sidewalk, the pavement shall be removed back to the nearest contrac- tion or expansion joint. All broken or spalled concrete or structure material shall be removed and the surface shall be replaced using an 144 mix in accordance - with Section 4240 of the Specifications. F. Parkways and other unpaved areas. The surface of cultivated grass areas shall be seeded. It is the responsibility of the permittee to establish a good stand of grass. The area shall be left free from debris and clods. On steep embank- ments or upon request of the Director, sod or other erosion control techniques shall be used for restoration. G. Saw cuts. All saw cuts are to be made to a depth of two inches (211) or deeper. The remainder of the slab shall be broken off below that point in a vertical plane. Saw cuts shall form a rectangle around the excavation. H. Boring or other methods to prevent cutting of pavement will be required upon request of the Director. SECPION 14. TIME OF OOMPLLTION All excavation work and backfilling covered by the permit shall be completed in a prompt manner as determined by the Director. After completion of the excavation and backfill work, restoration of the surface shall be completed within fourteen (14) days unless a time extension is granted by the Director. SECfICN 15. NOISE, DUST AND DMRIS Each permittee shall conduct excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the excavation work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No work shall be done between the hours of 10:00 P.M. and 6:00 A.M., except with the express written permission of the Director, or in case of an emergency. SECTION 16. INSPECTION Random inspections may be made of procedures described in this Ordinance and the permittee shall correct his procedure if so ordered by the Director. Failure to do so will result in use of the performance deposit to correct or complete work. SWrION 17. CLEAN-UP As the excavation work progresses, all. public right-of-ways and private properties shall be thoroughly cleaned of all. rubbish, excess earth, rock and other debris. All clean-up operations shall be done at the expense of the permittee. If the permittee fails to clean-up within twenty-four (24) hours after notice, the Director shall authorize the work done. Such work shall. be paid for with the performance deposit. Ord. 77-2849 • Page 5 SECfIOV 18. 'IRENMES IN PIKS LAYING Except by special perndssion from the Director, no trench shall. be excavated more than 300 feet in advance of pipe laying nor left unfilled more than 100 feet where pipe has been laid. SECTION 19. MOUNCY EXCAVATION Nothing in this Ordinance shall be construed to prevent excavations that may be necessary for the immediate preservation of life or property. 77ie person snaking excavation shall apply to the Director for a permit on the first working day after such work is commenced. SECrI0N 20. PRESERVATION OF h:ONU1fl17IS The permittee shall not disturb any surface monuments or hubs found on the line of excavation work unless approval is obtained from the Director. SECTICN 21. PENALITIFS Any person violating any of the provisions of this Ordinance, upon conviction, shall be punished by a fine of not less than five dollars ($5.00), nor more than one hundred dollars ($100.00). SECTICN 22. REPEALER Section 9.60.3 of the Wnicipal Code and all other Ordinances or parts of Ordinances in.conflict with this Ordinance, are hereby repealed. SECTION 23. 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. SECTIOy 24. 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 that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: _ Bahner deProsse x Foster Neuhauser Perret x Selzer Vevera hfayo ATTFSr: City Clerk First Consideration 7/6/77 Vote for passage: Ayes: .. Balmer, deProsse, foster, Neuhauser, Perret, Selzer, Vevera. Nays: none. Second Consideration 7/12/77 Vote for passage: yes: deProsse, Foster, Neuhauser, Perret., Selzer, Vevera, Balmer. Nays: none Date of Publication Passed and approved this 26th day of July , 1977. Burma) Ti}M LEGAL DPARTUNT 7-r 77