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Home My WebLink About1989-09-19 Ordinance■ ORDINANCE NO. 89-3431 AN ORDINANCE TO AMEND CHAPTER 36, ZONING OR. DINANCE, TO PERMIT FENCES UP TO SIX FEET IN HEIGHT WITHIN A FRONT YARD ABUTTING AN ARTERIAL STREET. WHEREAS, residential properties along expressways and arterial streets must tolerate a certain amount of noise dust, glare and other negative effects of high traffic volume; and WHEREAS, residential property owners on double frontage lots are affected by traffic on both ends of their lots; and WHEREAS, these property owners should be able to ameliorate some of these negative effects by erecting a fence between their residence and the high traffic volume street; and WHEREAS, A six foot fence along an expressway or arterial street will not obstruct visibility, or Impede the flow of traffic or access to the right-ofway, NOW,THEREFORE, BE IT ORDAINED BY THE CfrY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That subsection 36b5(a)(4) is hereby deleted and the following Is Inserted In lieu thereof: (4) In R zones or within 50 feet of an R zone along the same frontage, fences within the front yard shall not exceed four (4) feet In height. Fences may be constructed within a front yard abutting an express. way or arterial street, as listed or defined In the Comprehensive Plan, to a height not exceeding six (6) feet when: a. The front yard Is within a double frontage lot, or b. The front yard Is within a corner lot and abuts the front yard of a double frontage lot. SECTION II. REPEALER: All ordinances and parts of ordinan. ces In co RIM with the provisions of this ordinance are hereby repealed.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 unconst8u. tional, 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 IV. EFFECTIVE DATE: This Ordinance shall be In effect affer Its Mal passage, approval and publication as required by law. P ed and approved this 19th day of September, 19 ^ YOR ATTEST:�Q�._� ..J CITY CLERK Approved as to Form /✓JS 9/r/Cf Legal Department G I II� i II� I' G ' {twas moved byBalmer odseconded by that the0rdYnunceas dupon roll call Chere were: AYES: NAYS: ABSENT: Amhrisco Balmer ------ -------Courtney xHorowitz ' .�}[—_ ^----- .�~----Kubbv ^—lL—_ ------ ^------Larsnn . --2[.~. ---�~~ ----�—~McDonald First Consideration ^------ Votefnrpassuge: � �econd�un�ide ` — Vote for Ayes: McDonald, Anbrisco,Balmer, Courtney, Onronitz,Kohby^ Mays: Nome. Absent: None. ' ORDINANCE NO. 89-3432 AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO PERMIT AN INCREASE IN BUILDING HEIGHT AND FLOOR AREA RATIO IN THE COMMERCIAL OFFICE, CO -1, ZONE. WHEREAS, buildings In the CO -1 zone are not permitted to exceed 25 feet In height nor a floor area ratio (FAR) of one (1); and WHEREAS, this height limitation and FAR were Intended to assure that in those Instances where commercial office uses were located next to residential areas, the scale of the build - Ings In the CO -1 zone would be compatible with the scale of residential buildings; and WHEREAS, the City Council has determined that it Is in the Interest of the community to permit buildings taller than 25 feet In the CO -1 zones to foster higher Intensity office develop- ments In areas that are not adjacent to low density residential zones. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 36, 'Zoning Ordinance' of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding thereto the following section: Section 36.17(8)(3). Buildings on lots that are across the street from RM, C or I Zones may be Increased in height according to the provisions of Section 36.70(b) except than an additional front yard setback need not be provided. (The additional side and rear yard setbacks shall appy.) However, the minimum separation between the building and the from lot line of the lot across the street shall be two (2) feet for each one (1) foot of height In addition, the floor area ratio (FAR) may be Increased to three (3).. SECTION II. REPEALER: All ordinances and pans of ordinan- ces in conflict with the provisions of this ordinance are hereby repealed. SECTION 111. SEVERABILITY: If any section, provision or pan of the Ordinance shall be adjudged to be Invalid or unconstitu. tional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pan thereof not adjudged Invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 19th day of September, 19 ATTEST: 2(. gym) CITY CLERK fv_A6 Apr ed est ,rm , FAO/8t Legal Department 16do I� 1 ii I i i I. it 1 I �i 1 i I It was moved byAmbrisc0 and seconded by Balmer that the Ordinance as rea e a opte , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco g Balmer X Courtney X Horowitz X Kubby X Larson g McDonald First Consideration ------- Vote for passage: Second Consideration 9/5/89 Vote for passage: Ayes: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. Date published 9/27/89 Moved by Balmer, seconded by Ambrisco, 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 r finally passed be suspended, the first consideration be waived and the ordinance to given second consideration at this time: Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson. Nays: None. Absent: None. j j i i i i r 1_ I ORDINANCE NO. 89-3433 AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES. WHEREAS, the present Zoning Ordinance states that where uncertainty exists as to the locations of zone boundaries shown on the zoning map, the boundaries of zones along streets shall be at the center line of streets; and WHEREAS, it was the Intent of the ordinance that the zone boundaries along streets would In all cases fall along the center line of the streets. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 36, 'Zoning Ordinance' of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by deleting Section 36-67(a) and Inserting In lieu thereof: Section 36-67(a). The boundaries of various zones shall be as shown on the zoning map accompanying and made a pan of this Chapter, except as otherwise Indicated in the following rules: (1) Where the boundaries of the zones are along streets and alleys, they shall be construed to be along the tamer lines of such streets and alleys. (2) Where the boundaries of the zones are not otherwise Indicated, and where the property has been or may hereafter be divided Into blocks and lots, the bound• atlas of the zones shall be construed to be the lot lines and where the zones designated on the zoning map accompanying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise indicated on the map. (3) In separate tracts not subdivided and In unsubdNlded Property, the zoning boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map. SECTION ll. REPEALER: All Ordinances and parts of ordinan. ces 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 unconsthu• tlonal, such adjudication shall not affect the validity of the Ordinance as a whole or any sectlon, provision or part thereof not adjudged Invalid or unconstitutional. SECTION IV. EFFECTNE DATE: This Ordinance shall be In effect atter its final passage, approval and publication as required by law. Pd and approved this 19th day of September, 1 9. L AYOR � ATTEST:�/T w w,.r) CITY C K Ap r ed rm Legal Department e It was moved by Horowitz and seconded by Ambrisco that the Ordinance as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco K Balmer X Courtney x Horowitz x Kubby _ x Larson x McDonald First Consideration -- Vote for passage: Second Consideration 9/5/89 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: ?gone. . ' Date published 9/27/89 Moved by Balmer, seconded by Ambrisco, 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 first consideration be waived a and the ordinance be given second consideration at this time. Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco. Nays: None. Absent: None. , , r