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HomeMy WebLinkAbout1977-08-09 Ordinance. ORDINANCE NO. 77-2852 • AN ORDINANCE AMENDING THE TAXICAB REGULATIONS BY SHORTENING THE LENGTH OF TIME FOR NOTICE TO FIVE (5) DAYS WITH RESPECT TO A PUBLIC HEARING FOR THE ISSUANCE OF A CERTIFICATE OF NECESSITY FOR TAXICAB SERVICE IN CERTAIN INSTANCES. Section 1. The purpose of this ordinance is to pro- vide for the health, safety and general welfare of the residents of the City of Iowa City by allowing the City Council to issue a certificate of necessity for taxicab service to an applicant in an expeditious amount of time should any then present certificate holders cease operations as taxicab services. This would allow for taxicab service to remain within the City and minimize any disruptive effect a cessation of taxicab services by any certificate holder may have upon the residents of the City of Iowa City. Section 2.'Section 5.16.4(b) of Section II of Ordi- nance No. 77-2844 is hereby amended by adding the following sentence: However, in instances where certificate holders cease operations as a taxicab service and where the City has had less than thirty days notice by the certificate holder of the cessa- tion, the notice as detailed herein of said public hearing may be five (5) days. Section 3. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, 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 4. This Ordinance shall be in full force and effect when published by law. Passed and adopted this 9th day of August, 1977. P. TtD,u QIGL Qu 1 RY C. VEUHAUSER, MAYOR ATTEST: ABBIE STOLFUS,ITY CLERK It was moved by Perret and seconded by deProsse , that the Ordinance be adopted, and upon roll call there were: Moved by Perret, seconded by Vevera AYES: NAYS: ABSENT: that the rule requiring ordinances x Balmer to be considered and voted on for x deProsse passage at two Council meetings prior x Foster to the meeting at which it is to be x Neuhauser finally passed be suspended, the x Perret first and second consideration and x Selzer vote be waived, and the ordinance x Vevera be voted upon for final passage at 1st consideration this time. Ayes: Foster, Neuhauser, Perret, Vote for passage: Vevera, Balmer, deProsse. Nays: Selzer. Adopted, 6/1. 2nd consideration Vote for passage: RECEIVED & APPROVFD BY TILE LEGAL DEPARTMENT Date Date of Publication 3410 1 • ORDINANCE NO. 77-2853 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA; ESTABLISHING NEW HOURS DURING WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; REPEALING SECTION 524.18.B OF THE MUNICIPAL CODE OF IOWA CITY, IOWA; AND ENACTING REQUIREMENTS IN LIEU THEREOF, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The purpose of this ordinance is to amend the Municipal Code of the City of Iowa City to con- form with a recently enacted state law which will allow the purchase of beer on Sundays from grocery stores and drug stores from Noon until 10:00 P,M. on Sundays. Section 2, Section 5.24.18[B] is hereby amended to read as follows: 5.24.18[B] Sell or dispense any alcoholic beverage or beer, or permit its consumption, on the premises covered by the license or permit between the hours of 2:00 A.M. on Sun- day and 6:00 A.M. on the following Monday. However, a holder of a liquor control license or Class B beer permit who has been granted the privilege of selling alcoholic liquor or beer on Sunday may sell or dispense such liquor or beer between the hours of Noon and 10:00 P.M. on Sunday. A holder of a Class C beer permit as defined in 5.24.4 may sell beer from Noon until 10:00 P.M. on Sunday. Section 3. Section 5.24.18[Blof the Municipal Code of Iowa City, Iowa, and all other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, 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. This Ordinance shall be in full force and effect on the 15th day of August, 1977. Passed and approved this9th day of August, 1977. MARY C. UHAU ER, MAYOR ! ATTEST: Z" ,eJ ABBIE STOLFUS, CITY CLERK It was moved by Foster , and seconded by Selzer that t e r finance be adopted, and upon roll call there were: 3y07 Ord. No. #853 AYE$; NAYS; X - -x_ — x — x x _ x _ X 1st consideration Vote for passage. 2nd consideration Vote for passage: Date of publication -2- ABSENT; • Balmer deProsse Foster Neuhauser Perret Selzer Vevera Moved by Foster, seconded by Perret, that the rule requiring ordinances to be consider- ed and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be.suspended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer. Nays: Vevera. Adopted, 6/1. RECEIVED & APPRO'ii:J BY .TRE LEGAL DEPARTMOT 1.; u i fi_ 4ti-^s S-1`__ Y _r_�:_:r• __ xs �:ri `,' svLFi: :lr t�\::.��*� e� 6qb. ies 1� S:\7 _ �..: _:�1 :v' ••\y, x rat;r, �:tf��tc*L`\R, +\+fes:` sac:, itcr: \aC, +r:\tall r .= re,,. tZ1in ter r++rt+\\+�I Ih+rt i\vt of thr, zi pr+v.tau oP thr t1+tH1 floor wha.tr pOlw1pol P null/++r havar41i;r utduul• tnhlr>i, nt uli%aa, Tho 10it1 nll Of 11141 pPP1111 hPM, 0411111 41P the lotnl 67. STACKING SPACE - An off-stroot and pormuuont Dual I'rr41 ntn•1'ner Ill least nine (9) feet wide and twonty (111) feat long, daelgnwl In accommodate n motor vehicle wal.Ung l'or tnitry lu a wi-vinr I'N'Illly and located in such a way that no parking npur41 ur arr41nn lu is parking space is obstructed. rI �m I q I _ s _._.T __ �C ;.C_-�..v �. Sl; �'�'L.,����CRT�_ ♦_� _ �:�7�\\t� ..ACV.\ SS :e.\\:1\>\\.A� fi_ 4ti-^s S-1`__ Y _r_�:_:r• __ xs �:ri `,' svLFi: :lr t�\::.��*� e� 6qb. ies 1� S:\7 _ �..: _:�1 :v' ••\y, x rat;r, �:tf��tc*L`\R, +\+fes:` sac:, itcr: \aC, +r:\tall r .= re,,. tZ1in ter r++rt+\\+�I Ih+rt i\vt of thr, zi pr+v.tau oP thr t1+tH1 floor wha.tr pOlw1pol P null/++r havar41i;r utduul• tnhlr>i, nt uli%aa, Tho 10it1 nll Of 11141 pPP1111 hPM, 0411111 41P the lotnl 67. STACKING SPACE - An off-stroot and pormuuont Dual I'rr41 ntn•1'ner Ill least nine (9) feet wide and twonty (111) feat long, daelgnwl In accommodate n motor vehicle wal.Ung l'or tnitry lu a wi-vinr I'N'Illly and located in such a way that no parking npur41 ur arr41nn lu is parking space is obstructed. rI �m I q I RETAKE OF PRECEDING DOCUMENT ORDINANCE NO. 77-2854 AN ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE, OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY BY ADDING DEFINITIONS FOR A RESTAURANT, A DRIVE-IN OR CARRY -OUT RESTAURANT, AND A STACK -SPACE, BY AMENDING AND ADDING SPACE REQUIREMENTS FOR SEVERAL TYPES OF BUSINESSES 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. SECTION 2. AMENDMENTS. Chapter 8.10 shall hereby be amended 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 room, 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 automobiles, at indoor or 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 space or access to a parking space is obstructed. 3q6 Ord. No. 77-2854 LJ -2- 0 2. Section 8.10.25 A is amended by amending the following sections: USE f 15. Auditoriums, theaters, sports arenas and other similar places of assembly, except bowling alleys, miniature golf courses, and game rooms. SPACE REQUIREMENTS 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. 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 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. In addition, one (1) parking space shall be provided for each two (2) wash racks. Maximum capacity, in this instance, shall mean the greatest number of auto- mobiles undergoing some phase of laundering at the same time. Stacking spaces for automobile laundries in combination with ser- vice stations may be provided behind the pumps. Ord. No. 77-2854 • -3- • 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 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. 19. Motor vehicle and machinery One (1) parking space shall be sales provided for each eight hundred (800) square feet of floor area. 20. Restaurants, drive-in One (1) parking space shall be or carry -out provided for each fifty (50) square feet of floor area, but not less than ten (10) spaces. 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. Bowling alleys 25. Miniature 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 provided for each alley. One (1) parking space shall be provided for each five hundred (500) square feet of play area. One'(1) parking space shall be provided for each one thousand (1000) square feet of floor area. I_ _ Ord. No. 77-2854 -4- 0 4. Section 8.10.25 A, 16 and 17 are amended to read as follows: 27. 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, 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 bahks and savings and loan institutions need not comply with the parking requirement but shall comply with the stacking space requirement. S. Section 8.10.25B is amended by adding the Following portion: S. "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. SECTION 3. REPEALER. 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. 8 Ord. No. 77-2854 -5- 0 SECTION S. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Foster and seconded by Perret that the Ordinance lie finally adopte—dT-a-nU upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera MARY C. TT HAUSER, MAYOR ATTEST: ABBIE STOLFUS, CITY CgRK Moved by deProsse, seconded by Perret, that the rule First Consideration requiring ordinances to be considered and voted on for Vote for passage: passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the Second Consideration first and second consideration and vote be waived, and Vose for passage: 'he ordinance be voted upon for final passage at this time. Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Date of Publication Vevera, Balmer. Nays: none. Adopted, 7/0. Passed and approved this 9th day of August , 1977• RECEIVED & "PPAOVED Bi 'TBE LEGAL DEPARTHEJy ORDINANCE NO. AN ONANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE, 0 THE MUNICIPAL CODE OF THE CITY OF IOWA CITY BY AIJ ING DEFINITIONS FOR A RESTAURANT, A DRIVE-IN OR ARRY-OUT RESTAURANT, AND A STACK -SPACE, BY M LADING AND ADDING SPACE REQUIREMENTS FOR SEVERAL TYPES OF BUSINESSES SECTION 1. PURPOSE. The ;rpose of this ordinance is to provide more comprehensive regulation of the parking space requirements for different types of businesses than had existed. \ SECTION 2. AMENDMENTS. Chapter "k.10 shall hereby be amended in the following manner: 1. Section 8.10.3 A Definitiogs is amended by adding the following definitions: 64a. RESTAURANT - A business wh1re 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, dining\oom, 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 busine$s whose principal operation is the dispensing of edible foodstuff and/or beverage for consumption in automobiles, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The total seating area located within the enclosed portion of 'he premises, if provided, shall be less than fifty (50) percent of ttotal floor area. 67. STACKING SPACE - An off-street and permanent dust free surface\�a,t least nine (9) feet wide and twenty (20) feet long, designed to accommodate a motor vehicle waiting for entry to a service facili and located in such a way that no parking space or access to a parking space is obstructed. 3108 • -2- 2. Section 8.10.25 A is amended by amending the following sections: USE S. Churches 15. Auditoriums, theaters, sports arenas and other similar places of assembly, except bowling alleys, miniature golf courses, and game rooms. SPACE REQUIREMENTS 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. 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 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. In addition, one (1) parking space shall be provided for each two (2) wash racks. Maximum capacity, in this instance, shall mean the greatest number of auto- mobiles undergoing some phase of laundering at the same time. Stacking spaces for automobile laundries in combination with ser- vice stations may be provided behind the pumps. • -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. Bowling alleys 25. Miniature golf courses 26. Warehousing and storage areas Two (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 Cl) 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 provided for each alley. One (1) parking space shall be provided for each five hundred (500) square feet of play area. One'(1) parking space shall be provided for each one thousand (1000) square feet of floor area. • -4- C1 4. Section 8.10.25 A, 16 and 17 are amended to read as follows: 27. 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, 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. S. Section 8.10.258 is amended by adding the Following portion: 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. SECTION 3. REPEALER. 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. 1.' 0 -5- 0 SECTION 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: ABSENT: Balmer deProsse Foster Neuhauser Perret Selzer Vevera I; MARY C. NEUHAUSER, MAYOR 1977. RECEIVED & APP$6VED B$ 'Tim LEGAL DEPARTVE111 i•.2 ORDINANCE NO. 77-2855 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A to RIB ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R1A Zone and the boundaries of RIB 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: The Nest ' of Southwest of the Northwest � of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, and the Easterly part of the South 'i of the Northeast '-a of Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, and containing 52 Acres, more or less. (Peppenvood Addition, located west of Taylor Drive and south of the K -Mart area) as requested by Southgate Development Company. 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 deProsse and seconded by Vevera that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NFLHAUSER x PERREf x SELZER x VEVF.RA x Passed and approved this 9th day of August , 1977, .IL IAL&U, 3y 0 Ordinance No. 77-2855 Page 2 Dtayor /� 0,47, L ATTEST: CITY CLERKQ First Consideration 7/26/77 vote for passage: Aye: 30—rosse, Neuhauser, Perret, Vevera, Balmer. Nays: none. Absent: Foster, Selzer. Second Consideration 8/2/77 Vote for passage: Selzer, Vevera, Balmer, Neuhauser, Perret: Aye. Nay: none. Absent: deProsse, Foster Date of Publication