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Home My WebLink About1978-12-05 Ordinanceh11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLj, iui,n ORDINANCE NO. 78-2931 � / I j 8.10 OF THE MUNICIPAL CODE) BY AMENDING THE i i I REGULATIONS FOR NONCONFORMING USES, NON- CONFORMING LOTS AND NONCONFORMING BUILDINGS IN i i ORDINANCE NO. 78-2931 AN ORDINANCE AMENDING ORDINANCE NO. 2238 (Chapter 8.10 OF THE MUNICIPAL CODE) BY AMENDING THE REGULATIONS FOR NONCONFORMING USES, NON- CONFORMING LOTS AND NONCONFORMING BUILDINGS IN IOWA CITY. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF i IOWA CITY: SECTION I. PURPOSE. The purpose of this ordinance is to provide more comprehensive regulation of non- conforming uses, Adh-conforming lots and non- conforming buildings in Iowa City. SECTION II. AMENDMENT. Section 8.10.21 of the Municipal Code of Iowa City is hereby amended to read as follows: A. INTENT. It is the intent of this Ordinance to restrict and eventually eliminate non- conforming uses because they have been found to be incompatible with permitted uses in the zone involved. Non -conforming buildings shall be regulated to prevent an increase in the { degree of non -conformity. The lawful use of j any building or land existing on the effective date of this Ordinance may continue although such Use does not conform with the provisions j of this Ordinance, subject to the conditions contained herein. i B. GENERAL PROVISIONS. 1. Construction approved prior to Ordinance. Nothing in this Ordinance shall require any change in plans, p construction or designated use of a building or structure for which substantial construction has lawfully begun prior to the effective date of this Ordinance. Substantial construction shall be deemed to include excavation and demolition of existing buildings. 2. Unlawful use not authorized. Nothing in this Ordinance shall be interpreted as authorization for the continuance of the 1 MICROFILMED BY JORM MICR+LAB I CEDAR RAPIDS • DES 1401NES 2 20ij1 IAICROFILMED BY JORM MICROLAB .Ord. No. 78-2931 Page 2 C. L CEDAR RAPIDS AND 'UES HUINL: , IUVI;, use of a structure or land in violation of the zoning regulation in effect prior to the enactment of this Ordinance. NONCONFORMING LOTS OF RECORD. 1. In an R or C1 zone, any use permitted in the zone may be erected on any lot of record on the effective date of this ordinance notwithstanding the lot's failure to meet the requirements of the zone for frontage and width. In any zone in which single family dwellings are permitted, a single family dwelling and accessory buildings may be erected on any lot of record on the effective date of this Ordinance notwithstanding its failure to meet the requirements of the zone for area. 2. A single family dwelling on a non- conforming lot may be repaired, recon- structed or structurally altered provided the structural alteration does not increase the degree of nonconformity with yard and area requirements. A two- family or multifamily building located on a non -conforming lot which does not meet the area requirements 'may be repaired and may be remodelled to a lesser number of units but shall not be reconstructed or structurally altered. 3. If two or more contiguous non -conforming lots or portions thereof become in single ownership, the land involved shall be deemed a'single parcel for the purposes of this Ordinance and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements. NONCONFORMING USE. 1. No existing structure devoted to a use not permitted by this Ordinance in the zone in which it is located shall be enlarged, reconstructed, moved or struc- turally altered except as provided herein. 2. No non -conforming use may be extended through additional parts of a building nor to occupy any land outside such building. Y• ,`Y'� I4ICROFILMED BY JORM MIC R+LAB `! CEDAR RAPIDS • DCS MOINES I It f i IAICROFILMED BY JORM MICROLAB .Ord. No. 78-2931 Page 2 C. L CEDAR RAPIDS AND 'UES HUINL: , IUVI;, use of a structure or land in violation of the zoning regulation in effect prior to the enactment of this Ordinance. NONCONFORMING LOTS OF RECORD. 1. In an R or C1 zone, any use permitted in the zone may be erected on any lot of record on the effective date of this ordinance notwithstanding the lot's failure to meet the requirements of the zone for frontage and width. In any zone in which single family dwellings are permitted, a single family dwelling and accessory buildings may be erected on any lot of record on the effective date of this Ordinance notwithstanding its failure to meet the requirements of the zone for area. 2. A single family dwelling on a non- conforming lot may be repaired, recon- structed or structurally altered provided the structural alteration does not increase the degree of nonconformity with yard and area requirements. A two- family or multifamily building located on a non -conforming lot which does not meet the area requirements 'may be repaired and may be remodelled to a lesser number of units but shall not be reconstructed or structurally altered. 3. If two or more contiguous non -conforming lots or portions thereof become in single ownership, the land involved shall be deemed a'single parcel for the purposes of this Ordinance and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements. NONCONFORMING USE. 1. No existing structure devoted to a use not permitted by this Ordinance in the zone in which it is located shall be enlarged, reconstructed, moved or struc- turally altered except as provided herein. 2. No non -conforming use may be extended through additional parts of a building nor to occupy any land outside such building. Y• ,`Y'� I4ICROFILMED BY JORM MIC R+LAB `! CEDAR RAPIDS • DCS MOINES I It Ord No. .Page 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES PIUINEJ, iuAh 4 78-2931 3. A non -conforming use may be changed only �I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES PIUINEJ, iuAh 4 78-2931 3. A non -conforming use may be changed only to a use permitted in the same or higher zone. For the purposes of this section, the same zone means the most restrictive zone in which the non -conforming use is a permitted use; a higher zone means a zone which is more restrictive than the most restrictive zone in which the non- conforming use is a permitted use. If it is changed to a higher or conforming use, it may not resume the prior non- conforming use. 4. Any structure devoted to a non -conforming use which has been destroyed or damaged by fire, explosion, act of God, or by a j public enemy to the extent of 50% or more j of its assessed valuation, shall j thereafter conform to the provisions of this Ordinance. Where the damage is less than 50%, such structure may be restored to the same non -conforming use as existed before such damage. 5. Any non -conforming use of land may not be extended to occupy a greater area of land than was owned on the effective date of the Ordinance nor may additional structures be erected in connection with such non -conforming use of land. i 6. Any nonconforming use of land or buildings which has ceased by discontinuance or abandonment for a E period of one s p year shall thereafter conform to the provisions of this Ordinance. 7. All junkyards shall conform with the requirements of Section 8.10.18.A. and s Section 8.10.16.A. within five years after August 7, 1962. E. NON -CONFORMING BUILDINGS. 1. Any building, which contains a conforming use, but could not be' built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may continue subject to the following conditions: 141CROFILMED BY .., j DORM MICR+LAB CFDRR RAPIDS • DES MOINES ki I•IICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MUINL3, lul- •Ord. No. 78-2931 . Page 4 a. Any non -conforming building which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 50% or more of its assessed valuation, shall thereafter conform to the provisions of this Ordinance. Where the damage is less than 50%, such building may be restored to the same degree of non -conformity as existed before such damage. b. No building may be structurally altered in a way which increases or extends its non -conformity, however, it may be structurally altered in a way which will not affect or which will decrease its nonconformity. C. Any building which is moved shall thereafter conform to the provisions of this Ordinance. SECTION III. REPEALER. Sections 8.10.21; 8.10.22D; 8.10.23.B9; 8.116.'23C.1. and 2; 8.10.24B., C, D and all other sections of ordinances in conflict with this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, pro- vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica- tion 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. Passed and approved this 5th day of December, 1978. GyW�I" .si R BERT A. VEVER , MAYOR ATTEST: ABBIE STOLF S, C L R� K :41CROFILI4ED BY ;11 JORM MICR+LA6 1• ! CEDAR RAPIDS • DES MOINES It l,. i i I i i a. Any non -conforming building which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 50% or more of its assessed valuation, shall thereafter conform to the provisions of this Ordinance. Where the damage is less than 50%, such building may be restored to the same degree of non -conformity as existed before such damage. b. No building may be structurally altered in a way which increases or extends its non -conformity, however, it may be structurally altered in a way which will not affect or which will decrease its nonconformity. C. Any building which is moved shall thereafter conform to the provisions of this Ordinance. SECTION III. REPEALER. Sections 8.10.21; 8.10.22D; 8.10.23.B9; 8.116.'23C.1. and 2; 8.10.24B., C, D and all other sections of ordinances in conflict with this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, pro- vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica- tion 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. Passed and approved this 5th day of December, 1978. GyW�I" .si R BERT A. VEVER , MAYOR ATTEST: ABBIE STOLF S, C L R� K :41CROFILI4ED BY ;11 JORM MICR+LA6 1• ! CEDAR RAPIDS • DES MOINES It Ord. No Page 5 MICROFILIIED BY JORM MICROLAB 78-2931 CEDAR RAPIDS AND DES MOINL�-, Iur Y It was moved by Balmer and seconded by PerreL that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 11/21/78 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Roberts, Vevera, Balmer. Nays: none. Absent:Perret. Second consideration Moved by. Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Neuhauser, Perret,,Roberts, Vevera, Balmer, deProsse. Nays: none. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES RECEIVED k APP1;09M BY THE LEGAL DEPARTiMT, /0•a -mac 'f - I�ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU1NL�,, ORDINANCE N0. 78-2932 AN ORDINANCE REPEALIWG CHAPTER 23-279 OF THE OWE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, PERTAINING TO THE PARKING METER FUND. SECTION I. REALER. Chapter 23-279 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed. SECTION II. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 5th day of December , 1978. ATTEST:.� � �-C / CITY CLERK It was moved byy Balmer and seconded by Ro er s that the ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl i x Neuhauser x Perret i x Roberts x Vevera 1st consideration 11/14/78 Vote for passage: Ayes: Vevera, Balmer, Erdahl, Neuhauser, Perret, Roberts. Nays: none. Absent: deProsse. 2nd consideration 11/21/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl., Neuhauser, Roberts. Nays: none. Absent: RECEIVED & APPROVED Date of Publication: 12/13/78 Perret ByLEGAL p$T 222-0 S! 141CROFILMED BY JORM MICR+LAB I' CEDAR RAPIDS DES MOINES It MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES PIOIIIL), iuvb, ORDINANCE NO. 78-2933 AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY ADDING SECTION 6.17.04, TO RESTRICT TRUCK TRAFFIC ON CERTAIN STREETS. Be it ordained by the City Council of the City of Iowa City: SECTION I. PURPOSE. The purpose of this amendment is to restrict truck traffic on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue and Gilbert Court to the intersection of Lower Muscatine Road and Sycamore Street. SECTION II. AMENDMENT. Section 6.17 is hereby amended by adding the following section: Section 6.17.04 Trucks restricted on Kirkwood Avenue and Lower Muscatine Road. A. No truck or other commercial vehicle with a license of over 16 tons, except those specifically exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street. B. Exceptions. The following vehicles shall be exempted from this prohibition: (1) Commercial vehicles engaged in the making of deliveries or the furnishing of services at premises fronting on the proscribed street or premises contiguous to the proscribed street which have no other means of access. (2) School buses. (3) City emergency and service vehicles. SECTION IV. 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 unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect a ter its final passage, approval and publication as required by law. Y 222.1 T � 41CROFILMED BY _ 'J 'i JORM MICR+LAE3 CEDAR RAPIDS • DES MOINES i I i I I i CEDAR RAPIDS AND UES PIOIIIL), iuvb, ORDINANCE NO. 78-2933 AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY ADDING SECTION 6.17.04, TO RESTRICT TRUCK TRAFFIC ON CERTAIN STREETS. Be it ordained by the City Council of the City of Iowa City: SECTION I. PURPOSE. The purpose of this amendment is to restrict truck traffic on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue and Gilbert Court to the intersection of Lower Muscatine Road and Sycamore Street. SECTION II. AMENDMENT. Section 6.17 is hereby amended by adding the following section: Section 6.17.04 Trucks restricted on Kirkwood Avenue and Lower Muscatine Road. A. No truck or other commercial vehicle with a license of over 16 tons, except those specifically exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street. B. Exceptions. The following vehicles shall be exempted from this prohibition: (1) Commercial vehicles engaged in the making of deliveries or the furnishing of services at premises fronting on the proscribed street or premises contiguous to the proscribed street which have no other means of access. (2) School buses. (3) City emergency and service vehicles. SECTION IV. 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 unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect a ter its final passage, approval and publication as required by law. Y 222.1 T � 41CROFILMED BY _ 'J 'i JORM MICR+LAE3 CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICROLAB C Qrd. No. 78-2933 Page 2 CEDAR RAPIDS AND UES HUINL;, i6w'% Passed and approved this 5th day of December, 1978. MAYOR ATTEST: _ 7L CITY CLERK It was moved by deProsse and seconded by Erdahl that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts — x Vevera First consideration 11/14/78 Vote for passage: Ayes: Ba mer, rdahl, Neuhauser, Perret. Nays: Roberts, Vevera. Absent: deProsse. Second consideration 11/21/78 Vote for passage: Ayes: Balmer, deProsse, Erdahl, Neuhauser. Nays: Roberts, Vevera. Absent: Perret. Date of publication 12/13//78 RECEIVED 6 APPROVED EY TRE LEGAL DEPARTMENT T • �Y� MICROFILMED BY ;y,( (I DORM MICR+LAB I! CEDAR RAPIDS • DES MOINES . Y :1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUIML;, iue- t CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 - (319) 354.180D November 9, 1978 Tas Anthony 1004 Kirkwood Avenue Iowa City, Iowa 52240 Dear Mr. Anthony: The City Council is scheduled to have the first reading on the Kirkwood truck embargo Tuesday, November 14. Public Works is recommending a load limit of 16 tons based on the following information: 1. Six to eight cubic yard concrete trucks are licensed in the area of 22-24 tons. 2. Tractor/trailer combinations are licensed at a vehicle weight of around 35-36 tons. 3. Iowa -Illinois trucks are in the range of 13-16 tons. At the last informal Council meeting it was my perception that the neighborhood was not concerned about Iowa -Illinois trucks and was mostly concerned about the large concrete and tractor/trailer combinations. Iowa -Illinois is very concerned about being prohibited from the street and accordingly we have set a weight limit of 16 tons which will allow Iowa -Illinois trucks but which will eliminate concrete and tractor/trailer trucks. This letter is to notify you of the recommendation going to Council from Public Works. This item will be discussed by Council informally November 13 at 3:00 p.m. Sincerely, /) i Rich /ard �:�P/ P/lastino4A"-�: Directo � of Public Works RJP//p cc: Neal Berlin City Council Jim Brachtel MICROPILMEO BY 1 JORM MICR+LAB 1 CEDAR RAPIDS • DGS MOINES 2221 It I s' f I I i I t 1 f CEDAR RAPIDS AND UES MUIML;, iue- t CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 - (319) 354.180D November 9, 1978 Tas Anthony 1004 Kirkwood Avenue Iowa City, Iowa 52240 Dear Mr. Anthony: The City Council is scheduled to have the first reading on the Kirkwood truck embargo Tuesday, November 14. Public Works is recommending a load limit of 16 tons based on the following information: 1. Six to eight cubic yard concrete trucks are licensed in the area of 22-24 tons. 2. Tractor/trailer combinations are licensed at a vehicle weight of around 35-36 tons. 3. Iowa -Illinois trucks are in the range of 13-16 tons. At the last informal Council meeting it was my perception that the neighborhood was not concerned about Iowa -Illinois trucks and was mostly concerned about the large concrete and tractor/trailer combinations. Iowa -Illinois is very concerned about being prohibited from the street and accordingly we have set a weight limit of 16 tons which will allow Iowa -Illinois trucks but which will eliminate concrete and tractor/trailer trucks. This letter is to notify you of the recommendation going to Council from Public Works. This item will be discussed by Council informally November 13 at 3:00 p.m. Sincerely, /) i Rich /ard �:�P/ P/lastino4A"-�: Directo � of Public Works RJP//p cc: Neal Berlin City Council Jim Brachtel MICROPILMEO BY 1 JORM MICR+LAB 1 CEDAR RAPIDS • DGS MOINES 2221 It I