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Home My WebLink About1988-10-18 ResolutionL RESOLUTION NO. 88-214 RESOLUTION ADOPTING SUPPLEMENT NUMBER 37 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal' Code Corporation has prepared the 37th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa; ani WHEREAS, it is deemed appropriate to adopt supplement number 37 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 37 to the Code of Ordinances of the City of Iowa City, Iowa, attaccfled to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to'sign, and the City Clerk to attest, this Resolution. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon ro I 7—call there were: AYES: MAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz = - Larson X McDonald Passed and approved this 18th day of October , 198 8. ATTEST: CITY CLERK // TO PQRM i%318F LEGAL DEPARTMENT W i N ■ SUPPLEMENT NO. 37 —/ CODE OF ORDINANCES City of IOWA CITY, IOWA "oseleaf Supplement This Supplement contain all ordinances from-the,calendar quarter, April through. June, 1988, which are suitable for inclu- sionin the Code; the latest,ordinance in this Supplement is: '.. Ordinance No. 883385, enacted June 28,1988. See Code Comparative Table, page 2970. Remove old pages Insert new pages., -, xxi, xxii xxi, xxii ......... _ ..... Checklist of up-to-date pages Checklist of up-to-date pages 366.1-368 367-368.1 641-642.1 641-642.1 1149-1150,1 1149,1150 ✓ 1156.1-1168 1157-1158.1 i 1161-1164 1161-1164 1167-1178.1 1167-1178.1 1183-1188 1183-1188.1 i 1649,1650 1649,1650 2197-2202 2197-2202.1 2217 2217-2220 2241,2242 2241,2242 2247-2256 2247-2256 2261-2266.2 2261-2266 2485,2486 2485-2486.1 2489,2490 2489,2490 2497,2498 2497,2498 2501,2502 2501,2502 2528.1-2530 2529-2530.2 2617-2620.1 2617-2620.3 2969, 2970 2969-2970.1 Note—An updated checklist of pages in Code is included, fol. lowing Table of Contents. _1/ INSTRUCTION SHEET—Cont'd. Index pages Index pages 2981,2982 2981,2982 2988.1-2996 2989-2996.3 3001,3002 3001,3002 3006•1-3007 3006.1-3007 3014.3 3014.3 3027-3030 3027-3030 3032.1, 3032.2 3032.1, 3032.2 i 3042.1, 3042.2 3042.1, 3042.2 3047,3048 3047,3048 3053-3054.2 3053-3054.2 3077,3078 3077,3078 3087,3088, 3087,3088 3093,3094 3093,3094 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida September, 1888 H TABLE OF CONTENTS—Cont'd. Chapter 29. Police Page .. .. Art. I. In General ........................ 1967 Art. I1. Department ..................... 1968 ..... 30. Public Transportation ..........:..... Art. I. In General ,,, , , , , , , , , , , , 2021 2021 Art. 1I. Service, Rates and Charges .. , , . , , ... 2023 31. Streets, Sidewalks and Public Places ............ 2121 Art. f. In General ........................ 2121 Art. II. Excavations ...................... 2125 Div. 1. Generally ..................... 2125 Div. 2.. Permit ........................ 2133 Art. III Curb Cuts ..................... 2134 Div. I. Generally ..................... 2134 Div. 2. Permit .. 2135 Art. IV. Numbering of Buildings............ 2136 Art. V. Sidewalks ...................... 2137 Div. 1. Generally ...............: 2137 Div. 2. Construction and Repair .......... 2138 Div. 3. ice and Snow Removal .', ......... 2140 Art. VI. Use Permits .................... 2141 Art. VII. Right -of -Way Sign Permits ......... 2147 32. Subdivision Regulations ...................... 2197 Art. 1. In General ........ . ...... . ........ 2197 Art. II. pints ............................:2202.1 Div. I. Generally ..................... 2202.1 Div. 2. Preliminary ................... 2202.1 Div. 3. Final 2205 Art. III. Standards and Specifications ........ 2211 32.1. Taxation and Revenue ...................... 2241 Art. 1. In Cenral ........ . ......... . .. . .. 2241 Art. Pl. Hotel and Motel Tax .......... . ..... 2241 Art. 111. Partial Property Tax Exemption for In. dustriul Property ................. 2242 Art. IV. Schedule of Fees,,,,,,,,,,,,,,,,,, 22,15 Art. V. Municipal Bond Financing . , , , , , , , , , 2265 Supp. No. 37 xxi 1537 IOWA CITY CODE Chapter Page 33. Utilities ................................... 2267 Art. I. In General ........................ 2267 'Art. Il. Sewers and Sewage Disposal......... 2268 Div. 1. Generally ..................... 2268 . Div. 2. Private Sewage Disposal........ 2269 Div. 3. Rates and Charges:.......:..... 2271 Diva 4. Storm Water Runoff' ............ 2274.5 Div. 5. Building. Sewer Requirements and .'Industrial Waste Control ........ 2282 Div. 6. Industrial Waste Control—Additional Regulations .. ...2282.13 Art. III. Underground Electric Service ....... 2282.29 Art. IV. Underground Telephone Service ..... 2286 Art. V. Water ...........*................ 2298 Div. 1. Generally ......... 2288 Div. 2. Connections ................... 2291 Div. 3. Meters ....................... 2294 Div. 4. Rales and Charges .............. 2297 Art. VI. Pub] icUtilities Regulations ......... 2302 Div. 1. ' Title, Purpose, Definitions, Etc... 2302 Div. 2. Management of Public Utility Use of Public Righbof-Way; Public Util• ity Systems Planning .......... .2304 Div. 3, General Provisions ............ 2312 34. Vegetation .................................. 2351 Art. 1. In General ........................ 2351 Art, Il. Forestry ......................... 2351 Div. 1. Generally ..................... 2351 Div. 2. Arboricultural Specifications and Standards of Practice ........... 2360 Div. 3. Permits for Work on Public Property 2364 Art. 111. Weed Control .......... . ........•. 2366 35. Vehicles forHire ............................. 2419 Art. I. In General ........................ 2419 Art. 11. Taxicabs ......................... 2419 Div. 1. Generally' ..................... 2419 Div. 2. 1lorse•drawn Vehicles ... , ....... 2428 Supp. No.97 xxii t,..`ti`<°�•. /.5'37 Checklist of Up -to -Date Pages frhls checklist will he updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and re- moved in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted orprinted in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 7,8 24 iii, iv OC 9,10 24 V. vi OC 11,12 24 vii 3 13,14 24 ix, x 35 15,16 24 xi, xii OC 17,18 24 xiii, xiv OC 19,20 33 xv, xvi 34 71 27 xvii,xviii 33 121,122 31 xix, xx 34 122.1 31 xxi, xxii 37 123, 124 OC xxiii 34 125,126 31 1,2 24 127,128 35 3,4 27 177,178 34 5,6 24 179,180 27 Supp. No. 37 Ill /59 % 9 IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. _ 181,182 18 368.1 37 183,184 25 369,370 34 185,186 25 371,372 18 186.1 25 372.1, 372.2 18 187,188 32 372.3 18 188.1 10 373,374 5 189, 190 OC 375,376 34 191,192 OC 376.1 34 193,194 16 377,378 1 195,196 OC 378.1 1 197,198 OC 379,380 OC 199,200 6 381,382 29 201,202 34 383,384 29 251,262 28 385 29 303,304 26 431 28 304.1 26 483,484 8 305,306 13 485,486 8 307,308 14 487,488 8 309,310 14 489,490 8 311,312 14 491,492 35 313,314 14 493,494 35 315,316 14 495,496 35 317,318 14 497,498 35 319,320 14 531,532 33 321,322 14 533,534 33 323,324 14 535,536 33 325,326 23 537,538 33 327,328 23 539,540 33 329,330 23 541,542 33 331,332 23 543,544 33 333,334 23 545,546 33 335,336 23 547,548 33 337,338 25 549,550 33 339,340 25 551,652 33 341,342 25 653,554 33 343,344 25 555 33 363,364 29 557,558 17 365,366 29 559,560 17 367,368 37 561,662 17 Supp. No. 37 [2] 9 9 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. 563,564 565,566 26 681,682 11 567,568 35 683 35 739,740 20 569,570 571,572 35 741,742 33 33 673,574 35 743,744 35 745,746 3 576,676 35 747,748 333 33 577,578 578.1 35 749,750 33 579,580 35 751,752 33 753,754 33 581,582 33 765 33 583,584 33 811, 812 33 OC 585,586 567,688 33 813.814 33 589,590 33 816,816 33 817,818 33 591,592 593,594 33 867,868 33 OC 595 33 915,916 31 617, 6 33 917,918 OC 919, 920 31 639,6900 36 921,922 31 31 641,642 37 923,924 31 642.1 643,644 37 925,926 31 645,646 35 927,928 - 35 929,930 31 646.1 647,698 35 931,932 31 14 649,650 29 933,934 29 935,936 19 651,652 29 937,938 19 19 653,654 655,656 29 938.1, 938.2 19 671,672 29 939,940 1 673 17 941,942 675,676 17 943,944 1 677,678 11 945,946 20 947,948 1 679,680 20 949,950 1 1 680.1, 680.2 20 950,1, 959.2 1 680.3, 680.4 20 951,952 1 680.5,680.6 20 953,954 1 680.7 20 955,956 1 Supp. No. 37 131 1-5,37 9 "OWA CITY CODE Page No. Supp: N0. Page Nor Supp No. 957,958 959,960 - '1 1049 OC 961,962 19 1149,1160 19 1151,1152 37 I 963,964 965,966 23 1153,1164 8 8 967,968 1 1155,1166 20 969,970 1 1157,1158 37 971,972 1 1168.1 " 1 37 973,974 1159,1160 .8 I 975,976 .,.19 1161,1162 37 976.1 30 1163,1164 37 977,978 30 1165,1166 8 978.1 19 1167,1168 37 979,980 19 1169,1170 37 980.11980.2 1 1171,1172 37 980.3,980.4 1 1173,1174 23 37 980.4.1 1175,1176 23 1177,1178 37 980.5,980.6 1 1178.1 97 980.7,980.8 980.8,1 23 1179,1180 37 16 980.91980.10 23 1181,1182 19 1183,1184 15 980.11,980.12 980.12.1 -19 1185,1186 37 37 980.13, 980.14 19 1187,1188 1 1188.1 37, 980.16, 980.16 981, 5, 1 1189,1190 37 13 983,984 29 1191,1192 13 984,1 29 1193 8 984.1 29 1229,1230 21 986,1 3 1231,1232 21 987,988 3 1233,1234 21 989,990 1 1235,1236 34 1237,1238 21 990.1 991,992 34 1239,1240 23 2 993,994 29 1241,1242 21 1 994.1, 994.2 34 1243,1244 34 1245,1246 21 995,996 997,998 11 1247,1248 21 21 1 1249,1260 21 Supp. No, 37 11 1251 26 [4] t a CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Sapp. No. 1297 1351, 1352 28 1567,1568 OC 1568.1,1568.2 11 1353,1354 33 1569,1570 33 33 1355,1356 18 1671,1572 33 j 1907,1408 28 1572.1, 1572.2 11 1409,1410 28 1573,1574 11 1411, 1412 1413, 1414 i OC 1675,1576 OC 11 1416, 1416 1577,1578 OC 1579,1580 11 1465,1466 33 1581,1582 11 34 1467,1468 33 1683,1584 34 1469 1471,1472 33 1685,1586 34 1473,1474 14 1587,1688 33 1589,1590 34 1476,1476 14 1591,1592 34 34 1477,1478 14 1593,1694 34 1479,1480 14 1595,1596 2 1481 14 1597 2 1527,1528 18 1643,1644 35 1529,1530 10 1645,1646 1 1531,1532 3 1646.1 1 1633,1534 11 1647, 1648 OC 1636,1636 11 1649,1650 37 1537,1538 11 1651, 1652 OC 1539,1540 11 1653, 1654 OC 1541,1542 11 1655, 1656 OC 1543,1544 11 1657,1658 27 1546,1646 11 1659,1660 27 1547,1648 11 1661,1662 26 1549,1550 22 1662.1, 1662.2 28 1551,1552 18 1662.3,1662.4 26 1553 1556,1656 18 1663,1664 14 1557,1658 11 1665,1666 14 1667,1668 14 1559,1560 11 1669,1670 28 35 1561,1562 11 1671 35 1663,1664 25 1681,1682 14 1564.1 25 1683,1684 14 1665,1566 11 1685,1686 14 Supp. No, 37 151 a IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 1 1687,1688 - 14 1967, 1968 OC 1689,1690 14 1969, 1970 OC 1691,1692 14 2021,2022 - '.34 1693,1694 14 2023,2024 34 1695,1696 14 2025 34 1697,1698 14 2121,2122 21 1713,1714 19 2123,2124 25 1715,1716 35 2125,2126 35 1716.1 35 2126.1,2126.2 35 1717, 1718 OC 2126.3 35 1719,1720 34 2127,2128 30 1721,1722 35 2129,2130 25 1722.1 35 2131,2132 25 1723, 1724 OC 2133,2134 25 1725,1726 23 2134.1 25 1727 23 2135, 2136 OC 1776,1776 34 2137,2138 Oc 1777,1778 34 2139,2140 4 /�- 1779,1780 34 2140.1 36 1831,1832 29 2141, 2142 OC 1833,1834 29 2143,2144 35 1835,1836 29 2144.1 35 1837,1838 29 2145, 2146 OC 1839,1840 34 2147,2148 20 1841,1842 34 2149,2150 20 1843,1844 12 2151,2162 20 1845,1846 12 2197,2198 37 1847,1848 26 2199,2200 37 1848.1 26 2201,2202 37 1849, 1850 OC 2202.1 37 1861, 1652 OC 2203, 2204 16 1853,1854 23 2205,2206 16 1855,1856 23 2207,2208 16 1857,1858 27 2208.1 16 18581 27 2209,2210 12 1859,1860 23 2210.1 12 1861,1862 23 2211, 2212 OC 1863,1864 23 2213,2214 3 1903 24 2215,2216 3 Supp, No. 37 [6] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. 2217,2218 2219, 2220 37 2282.25,2282.26 2241, 2242 37 2282.27, 2282.28 37 2282.29, 2282.30 2243,2244 2245,2246 27 2283,2284 2247, 2248 34 2285,2286 37 2287, 2288 2249,2250 37 2289,2290 2251, 2262 37 2290.1 2253,2254 37 2291,2292 2266,2256 37 2292.1 2257,2258 35 2293,2294 2259,2260 35 2295,2296 2261,2262 37 2297,2298 2263,2264 2265, 2266 37 2299,2300 2267,2268 37 2300.1, 2300.2 31 2301,2302 2269, 2270 7 2302.1 2271,2272 9 2303,2304 2273,2274 34 2305,2306 2274.1,2274.2 36 2307,2308 2274.3,2274,4 36 2309,2310 2274.5,2274.6 36 2311,2312 2275,2276 1 2313 2276.1 1 2351,2352 2277, 2278 OC 2353, 2354 2279, 2280 2281,2282 14 2355, 2356 2282.1,2282.2 14 2357, 2358 7 2359,2360 2282.3,2282.4 7 2361, 2362 2282.5, 2282.6 7 2363, 2364 2282.7,2282.8 7 2365,2366 2282.9,2282.10 7 2367,2368 2282.11,2282.12 7 2369,2370 2282.13,2282.14 20 2419,2420 2282.15,2282.16 20 2421,2422 2282.17,2282.18 20 2423,2424 2282.19,2282.20 27 2425,2426 2282.21, 2282.22 20 2426.1 2282.23, 2282.24 20 2427, 2428 Supp. No. 37 `J [7] h Supp. No. 20 20 20 OC OC OC 18 13 6 6 OC 18 34 36 36 34 34 31 31 31 31 31 31 1 OC OC OC 9 OC OC 1 1 13 25 25 25 34 34 26 1.573 i IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 2429 25 2539,2540 25 2477,2478 25 2541,2542 25 2479,2480 35 2543,2544 25 2481 35 2545,2546 35 2483,2484 19 2546.1 35 2485,2486 37 2547,2548 33 2486.1 37 2548.1, 2548.2 33 2487,2488 35 2548.3,2548.4 33 2489,2490 37 2649,2550 26 2490.1 35 2551,2552 26 2491,2492 25 2553,2554 33 2493,2494 36 2555,2556 33 2495,2496 36 2579,2580 19 2496.1 36 2581,2582 31 i 2497,2498 37 2583,2584 31 2499,2500 25 2585,2586 31 2601,2502 37 2586.1,2586.2 31 2502.1 35 2586.3, 2586.4 31 2503,2504 27 2587,2588 35 j 2505,2506 35 2591,2592 35 2507,2508 35 2593,2594 25 2609,2510 35 2595,2596 35 2511,2512 35 2597,2598 19 2513,2514 35 2599,2600 27 2515,2516 36 2601,2602 36 2517,2518 35 2603,2604 19 2519,2520 25 2605,2606 27 2521,2522 35 2606.1 27 2623,2524 35 2607,2608 19 2525,2526 35 2609,2610 31 2526.1 35 2611,2612 36 2527,2528 25 2613,2614 36 2529,2530 37 2614.1 36 2530.1, 253D.2 37 2615,2616 27 2531,2532 27 2617,2618 37 2533,2534 27 2619,2620 37 2535,2536 31 2620.1,2620.2 37 2537,2538 31 2620.3 37 2538.1 31 2621,2622 25 Supp, No, 37 181 is37 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2623,2624 29 2687 19 2625,2626 29 2787 19 2627,2628 29 2913,2914 35 2628.1 29 2935, 2936 Oc 2629,2630 26 2937,2938 14 2631,2632 27 2939,2940 16 2632.1 27 2941,2942 16 2633,2634 26 2943, 2944 OC 2635,2636 34 2945,2946 OC 2636.1 34 2947,2948 13 2637,2638 .29 2949,2950 OC j 2639,2640 34 2951,2952 2 - 2641,2642 34 2953,2954 5 2642.1 34 2955,2956 7 2643,2644 24 2957,2958 13 2645,2646 28 2959,2960 19 2647,2648 25 2961,2962 24 2649,2650 27 2963,2964 24 2651,2652 36 2965,2966 27 2653,2664 36 2967,2968 34 2654,1 36 2969,2970 37 2655,2656 27 2970.1 37 2667,2668 25 2971,2972 OC 2659,2660 25 2973,2974 24 2661,2662 22 2975,2976 24 2663,2664 25 2977,2978 35 2664.1. 2664.2 27 2979,2980 26 2665,2666 28 2981,2982 37 2667,2668 28 2983,2984 35 2669,2670 28 2984.1,2984.2 35 2671,2672 19 2985,2986 28 2673,2674 25 2987,2988 35 2675,2676 27 2989,2990 37 2676.1 27 2991,2992 37 2677,2678 25 2993,2994 37 2679,2680 19 2995,2996 37 2681,2682 19 2996.1,2996.2 37 2683,2684 19 2996.3 37 2685,2686 19 2997,2998 34 J Supp. No. 37 (9] 437 Supp. No. 37 (101 IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 2999,3000 34 3041,3042 28 3001,3002 37 3042.1,3042.2 37 3003,3004 35 3043 34 3004.1 35 3044.1,3044.2 28 3005,3006 28 3045,3046 28 3006.1,3006.2 37 3047,3048 37 3007 37 3049,3050 21 3008.1,3008.2 33 3051,3052 36 3008.2.1 33 3053,3054 37 3008.3, 3008.4 28 3054.1, 3054.2 37 3009 28 3055 34 3010.1, 3010.2 5 3056.1, 3056.2 16 3011,3012 31 3057.3058 34 3013,3014 34 3059,3060 18 3014.1,3014.2 34 3061,3062 34 3014.3 37 3063, 3064 2 3015,3016 28 3065,3066 18 3016.1 28 3067,3068 18 �.. 3017,3018 19 3069,3070 34 3018.1 19 3071,3072 34 3019,3020 8 3073,3074 34 3020.1,3020.2 31 3075,3076 35 3020.3 31 3076.1, 3076.2 36 3021,3022 28 3076.3 36 3023,3024 33 3077,3078 37 3025,3026 34 3079,3080 19 3027,3028 37 3081,3082 19 3029,3030 37 3083,3084 33 3031,3032 34 3085,3086 27 3032.1,3032.2 37 3087,3088 37 3033,3034 35 3089,3090 27 3035,3036 35 3090.1 27 3036.1 35 3091,3092 24 3037,3038 29 3093,3094 37 3039,3040 33 Supp. No. 37 (101 r ALCOHOLIC BEVERAGES gg.2 (1) Sell, dispense or give to any intoxicated person or one simulating intoxication, any alcoholic liquor or beer. (2) Sell or dispense any alcoholic beverage or beer on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on any weekday, and between the hours of 2:00 a.m. on Sunday 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 privi- lege 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 Article II of this chapter may sell beer from noon until 10:00 p.m. on Sunday. (8) Sell alcoholic liquor or beer to any person on credit except with a bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests. (d) Employ any person under the age of eighteen (18) Years in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold. (6) Sell, give or otherwise supply any alcoholic beverage or beer to any person knowing or having reasonable cause to believe such person is under legal age, or Permit any person knowing or having reasonable cause' to believe such person is under legal age to consume any alcoholic beverage or beer. (6) In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic bever- age to beer or any other beverage in or about his/her place of business. (7) Keep, or allow to be kept, gambling devices of any kind or description on the premises or place of business of the licensee or permit holder, contrary to law. Supp, Nn. 37 367 153 55-2 IOWA CITY CODE (8) Permit dancing unless the permittee has first secured a dance hall license under the provisions of the ordi. nances of this city. (Code 1966, § 5.24.18; Ord. No. 2605; Ord. No. 2642, § 19; Ord. No. 73-2677; Ord. No. 73-2686, §,I1, 10-9-73; Ord, No. 79-2950, § 2, 43-79) Sec. 5-3. Beer brand signs Prohibited. No signs or other matter advertising any brand of beer shall be erected or placed upon the outside of any premises occupied by a licensee or permittee under this chapter authorized to sell beer at retail. All such signs formerly erected shall be removed by the owner thereof by July 1, 1974. (Code 1966, 4 5.24.19; Ord. No.2605) Crass reference--Adverthina, Ch. 6. See. 5.4. Consumption or possession in public places and municipal buildings; intoldeation. (a) It shall be unlawful for any person to consume or drink any alcoholic beverage or beer on any public street, ground, highway, sidewalk or alley in the city. A person shall not use or consume alcoholic liquor or beer in any public place within the city, except premises covered by a liquor control license. (b) A person shall not consume or possess any alcoholic bever- age or beer on park property. (c) A person shall not use or consume any alcoholic beverage or beer in any municipal building, except a municipal building cov- ered by a liquor control license. Prior to presentation of the license application to the city council, the citymanager shall endorse thereon his/her recommendation regarding such use or consumption of alcoholic beverages or beer in the municipal build. ing. (Ord. No. 88.3370, 1(B), 4.6.88) Editor's note—Section 1(D) of Ord. No. 683370, adopted April 5, 1986, re. Pealed former 154 and enacted a now 4 5-0 in lieu thereof to read as herein set out. The repealed provisions pertained w consumption of alcoholic liquors or beer In public places and to intoxication, and derived from Code 1966,115.24.23; and Ord. No. 2605. Cross rnforences—City plow, Ch. 9.1; library, Ch. 20; parka and recreation, Ch. 25; streets, sidewalks and public places, Ch. 31. SuPP No. 37 368 15-37 A S ALCOHOLIC BEVERAGES 45.6 Sec. 5.5. Persons under legal age. No person shall sell, give or otherwise supply alcoholic liquor or beer to any person knowing or having reasonable cause to believe such person is under legal age, and no person under legal age shall individually or jointly have alcoholic liquor or beer in his/her possession or control; except in the case of liquor or beer given or dispensed to a person under legal age within a private home and with the knowledge and consent of the parent or guard- ian for beverage or medicinal purposes or as administered to him by either a physician or dentist for medicinal purposes, and ex. cept to the extent that a person under legal age may handle alcoholic beverages and beer during the regular course of his employment by a liquor control licensee or beer permittee under state law. (Code 1966, 4 5.24.24; Ord. No. 2605) Cross reference—Curfew for minors, Ch. 24, Art, 11, Div. S. See. 5•6. Dancing restricted in connection with business. (a) When allowed Dancing is hereby authorized in connection with the operation of a liquor control license or a class B beer permit in establishments having at least one hundred fifty (150) square feet for dancing subject to the licensing provisions and regulations of this Code and the Statutes of the state. (b) License required. It shall be unlawful for any holder of a liquor control license or a class B beer permit to allow dancing In connection with the operation of such business without first securing a license therefor from the city clerk. Supp. No. 37 368,1 037 -�� CITY PLAZA 4 9.1.3 Kiosk A small structure that is stationary and can be either permanent or seasonal in nature. Landscaping: Live plant materiel used strictly for an ornamental or ecological purpose. Mobile vending cart: A nonmotorized structure on wheels that is easily moved and is used for vending. Mobile vendor: Operator of mobile vending cart. - Outdoor cafe: An outdoor area immediately adjacent to a res- taurant (food service establishment) where food and beverages, dispensed in the food service establishment, are taken for con- sumption by persons seated at tables in the outdoor area. Permanent structurr_• Any structure erected for a year-round use. Plaza cafe: An outdoor area in City Plaza immediately adjacent to a restaurant (food service establishment) where food and bev- erages, dispensed in the food service establishment, are taken for consumption by persons seated at tables in the outdoor area. Seasonal construction: Any structure erected for a seasonal or temporary activity and which is removed from the plaza in offseason. (Ord. No. 78.2894, § 2, 5.16.78; Ord. No. 82.3058, § 4, 4.27.82;• Ord. No. 84.3216, § 2, 124.84; Ord. No. 86.3288, § 2(1), 6.3-86; Ord. No. 88.3368, § 1, 2.23.88) Sec. 9.1-3. Description of mill ionee (a) Zone l: The ten-foot strip directly abutting the private prop. erty lines. Zone 1 extends the length of the City Plaza along all sides of the plaza. . (b) Zone 2: The six-foot pedestrian lanes adjoining Zone 1 on each side, the landscaped areas, the areas with street furniture and features, and other areas as specified on map. (c) Zone 3. The emergency/service lane. The zones are illustrated on the City Plaza map kept on file in the office of the city clerk. This map can be amended from time to time as necessary by resolution. (Ord. No, 78.2894, § 3, 5.16.78; -6ri3: No. $23058, 4 5, 4.27.82; Ord: No. 86.3288, § 2(2), 6.3.86) Supp. No. 37 641 15 9 r 49.1-4 IOWA CITY CODE . Sec. 9.14. Bicycle, coasting, skating regulations; exemption; violation. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. No person shall coast, slide, roller skate, skate board or use any other such coasting or wheeled device within the City Plaza. Wheelchairs and other wheeled handicapped as- sistance devices, when used by a handicapped person, shall be exempt from the provisions of this section. Violation of this sec- tion shall be punishable as a misdemeanor. (Ord. No. 88.3375, 4 1,4-19-88) Editor's note—Section 1 of Ord. No. 8843375, adopted April 19, 19118, repealed former 19.14, In pertaining to bicycle regulations, and enacted a new 19.14 in lieu thereof to read as herein set out. The repealed provisions derived from Ord. No. 78.2894, 14, adopted May 16, 1978, and Ord. No. 82.3058, 4 6, adopted April 27, 1982. Cross reference—Bicycle regulations generally, 123-62 at seq. Sec. 9.1.5. Motor vehicle regulations. Except as otherwise provided herein, no motor vehicles, ex. cept emergency vehicles, shall be operated within the limits of City Plaza without a permit. A permit for the operation of motor vehicles within City Plaza may be issued by the city manager on his/her designee upon application according to the following conditions: (a) Any business located on property which does not other- wise abut a public right-of-way other than City Plaza maybe granted a continuing permit upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the plaza only during active loading and unloading. (b) Any individual may be granted a temporary permit upon n showing that the placement oi• operation of a motor vehicle upon City Plaza for a specified, limited period of time is necessary. (c) A service vehicle operated by the city may operate within City Plaza withouta permit when performing necessary maintennnce requiring the use of the vehicle. Supp. No. 37 642 15-37 9 j CITY PLAZA 4 9.1-7 � VJ" Any violation of this section shall be a simple misdemeanor. (Ord. No. 78.2894, § 5,6-16.78; Ord. No. 82.3058, § 7,4-27-82) Sec. 9.1-6. Animal regulations. Notwithstanding the provisions of any other city ordinance, no person shall take, accompany or allow any animal into City Plaza. This provision shall not apply to a Seeing Eye dog being used to assist a blind person. Any violation of this section shall be a simple misdemeanor. (Ord. No. 78.2894, § 6,6-16-78; Ord. No. 82.3058, § 8,4-27-82) Croce reference—Animals and fowl, Ch. 7. See. 9.1.7. Use of City Plaza. (a) Permitted uses: Permitted uses include those listed below. Other uses ennsistent with the purposes stated in section 9.1.1 may be permitted if specifically Approved. When a mobile or temporary use is allowed, it is understood that this authorization does not extend to Zone 1 or Zone 2 areas which are already leased for other purposes; e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. (1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). (2) Mobile vending carts for food, flowers/plants, news- papers/magazines, etc. (Zone 2). Supp. No. 37 642.1 Chapter 17 HOUSING* Sec. 17-1. General provisions. (a) Title. This chapter shall be known and designated as the Iowa City Housing Code, hereinafter referred to as "the bous- ing code." (b) Compliance with state code The city, in compliance with the requirements of the Code of Iowa 364.17, hereby adopts the De- cember 17, 1979, version of the "Housing Quality Standards" promulgated by the United States Department of Housing and Urban Development (24 C.F.R. Section 882.109(a) through (1), as the adopted model Housing Code for the City. The City has inte. grated the (Housing Quality Standard in Sections 17.1 through 17.8 of the housing code which provisions, to be enforced by the city, are as stringent as, or more stringent than, those in the model housing code as adopted. (c) Purpose. It is hereby declared that the purpose of the Iowa City Housing Code is to ensure that housing. facilities and conditions are of the quality necessary to protect and pro. mote the health, safety and welfare of not only those persons utilizing the housing, but the general public as well, It is hereby further declared that the purpose of this chapter is to determine 'Editor's note—Section 8 of Ord. No. 8014, adopted Dem 19, 1980, repealed the ordinances listed in the chart below, which ordinances, along with Ord. Noe. 2893 and 2909, Composed Ch. 17, QI 17-1-17-14, concerning housing. Section 2 of Ord. No. 80.8014 set out a new Ch. 37, If 17.1-17.9, concerning the same subject Ord. No. Sec. Date Ord. No. Sem Date 78.2891 11 S. 9.78 79.2972 2 9.18.70 79.2946 2 3. 6.79 79.2977 2 10-30-79 79.2963 2 S. 8.79 79.2978 2 11- 6.79 ?9-2D62 '2 7.17-79 Cross references—Department of housing and inspection services, Ch. 2, Art V1; buildings and building regulations, Ch. 8; electrical regula- tions, Ch. 11; fire prevention and protection, Ch. 12; manufactured housing. Ch. 22; plumbing, Ch. 28. Supp. No. 37 1149 1s,37 9 117-1 IOWA CITY CODE the responsibilities of owners, operators, occupants and the city necessary to maintain and administer the standards of the hous. ing code. (d) Scope. The provisions of this chapter shall apply to. all dwellings, within the jurisdiction of the city, used or intended to be used for human occupancy, except that said provisions shall not be applicable to temporary housing as defined herein. (Ord. No. 80-3014, § 2,12.16.80; Ord. No. 88.3386, § 1, 6.28.88) Sec: 17.2. Defhdtions.' For the, purposes of this chapter, the terms defined herein shall have the following meanings: .Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "Type III dwelling unit" or "premises" are used in this chapter, they shall beconstruedas though they: were followed by the words "or any part thereof." Whenever the word "dwelling unit(s)" is used in this chapter it shall include Type III dwelling unit(s). Acceptable or approved shall mean in substantial compliance with the provisions of this chapter. . 1 Accessory structure shall mean a detached structure which Is not used, nor intended to be used, for living or sleeping by human occupants: Adjoining grade shall mean the elevation of the ground which extends three (3) feet from the perimeter of the dwelling. Approved (see "acceptable"). Appurtenance shall mean that which is directly or indirectly connected or accessory to a thing. Attic shall mean any story situated wholly or partly within the roof and so designed, arranged or built to be used for business, storage or habitation, Basement shall mean a portion or story of a building, next below the first or main floor which may or may not be con- sidered habitable apace. Bath shall mean a bathtub or shower stall connected with both hot and cold water lines. Supp No. 37 1160 ,,. I.S37 9 i i I HOUSING § 17-a (b) Inspections. (1) Inspection of owner -occupiers single-family dwellings. In. spections of owner -occupied, single-family dwellings shall occur only upon request or complaint to the inspector and only the standards of sections 17-5, 17-7 and 17.8 shall be applicable. (2) Inspections of structure items. The'provisions of sections 17.5 and 17.6 in effect at the time of issuance of a certifi. cate of structure compliance shall be the only structure standards applicable to a dwelling. Upon the issuance of a certificate of structure compliance, there shall be no fur. ther inspection and enforcement of the structure items under sections 17.5 and 17.6 of the housing code. - (3) Maintenance inspections. Inspections of the provisions of section 17.7 of the housing code shall be conducted upon request, on a complaint basis, and/or through a program of regular rental inspections in which regular inspections shall be conducted as determined by resolution of the city council but shall not be conducted more frequently than yearly nor less frequently than as follows: Multiple dwelling units (Including condomin- iums and cooperatives in which one or more rental units are located.) ....... Every 2 years Rooming house .................... '.. Every 2 years Duplexes (Including condominiums, and co- operatives in which one or more rental unite are located.) ................. Every 8 years Single-family rental dwellings .......... Every 4 years (c) Access by owner or operator. Every occupant of a dwell. ling, dwelling unit or rooming unit shall give, upon proper notice, the owner or operator thereof, or his/her agent or employee, access to any part of such dwelling, dwelling unit, rooming unit or premises at all reasonable times for the pur- pose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance JSupp. No. 37 1167 <4 1537 I § 17-3 IOWA CrrY CODE with, or any lawful notice or order issued pursuant to, the pro- visions of the housing code. (d) Access by inspector. The inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City in order to perform the duty of safeguarding the health, safety and general welfare of the occupants or the public. Whenever necessary to make an inspection to enforce any of the provisions of the housing code or whenever the inspector has reasonable cause to believe that there exists in any dwell- ing, dwelling unit, rooming unit, or premises any condition which makes such unit or premises in violation of any provision of the housing code or in response to a complaint that an alleged violation of a provision of the housing code may exist, the inspector may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the inspector by the housing code; provided that if such unit or premises be occupied, he/she shall first make a reason- able effort to locate the owner or other person having charge or control of the building or premises and request entry. The inspector or authorized representative shall at such time: (1) identify himself/herself and his/her position; and (2) ex- plain why entry is sought. If entry is refused, the inspector shall request that the inspection be conducted at a reasonable time, suitable to the owner or occupant. If the request for future entry is refused, the inspector shall at that time, or at a later time, explain to he owner and/or occupant that: (1) the occupant may refuse, wihout penalty, entry without a search warrant; and (2) the inspector may apply to the magistrate for a search warrant. (e) Search warrant. If consent to inspect a building is with- held by any person or persons having the lawful right to ex- clude, the inspector may apply to a magistrate of the Iowa District Court in and for Johnson County for a search warrant of the building. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the inspector or his/her authorized represeptativo Supp. No. 37 1158 9 I HOUSING 417.3 for the purpose of inspection and examination pursuant to the housing bode. (f) Service of notice. Whenever the inspector determines that there has been a violation of any provision of the housing code, he/she shall give notice of such violation and an appeal request form to the person or persons responsible therefor. Such notice shall: i i i i i I � Supp. No. 37 1158.1 137 HOUSING 117-3 (i) Appeals board procedures. (1) The housing appeals board, upon receipt of an appeal re- -quest and payment of the filing fee, as established by resolution of the city council, shell set a time and a place for the hearing. The applicant shall be advised, in writing, of such time and place at least seven (7) days prior to the date of the. hearing. (2) At such a hearing the applicant shall have an opportunity to be heard and to show cause as to why such notice or . order should be modified, extended, revoked or why a vari- ance should be granted. (3) The housing appeals board, by a majority vote, may sus- tain, modify, extend or revoke a notice to grant or deny e variance. (4) The housing appeals board may grant variances or exten- sions of time to make repairs. In the event that an exten- sion and/or variance is granted, the board shall observe the following conditions: a. In lieu of or in addition to administrative extensions, the housing appeals board may grant an extension or extensions of time for the compliance of any order or notice provided that the board makes specific findings of fact based on evidence relating to the following: 1. That there are practical difficulties or unneces. sary hardships in carrying out the strict letter of any notice or order; and 2. That such an extension is in harmony with the general purpose and intent of this chapter in se. curing the public health, safety and general welfare. b. Except under extraordinary circumstances, the exten. sion or sum of extensions shall not exceed eighteen (18) months; c. The housing appeals board may grant a variance in a specific case and from a specific provision of this chap. ter subject to appropriate conditions; and provided the board makes specific findings of fact based on the evi- Supp. No. 37 1161 9 4 17.3 IOWA CITY CODE dente presented on the record as a whole, and relate to the following: 1. That there are practical difficulties or unneces- sary hardships in carrying out a strict letter of any notice or order; and 2. That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and , 3. That an extension would not constitute an appro- priate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and 4. That such variance is in harmony with the gen- . eral purpose and intent of this chapter in securing the public health, safety and general welfare. d. Upon appeal, or by petition, the housing appeals board shall consider the adoption of a general variance. The housing appeals board by a majority vote may estab- lish a general variance for existing structures which cannot practicably meet the standards of the Code. Prior to considering any general variance, public no., shall be given. A general variance, if granted, shall: 1.—State in what manner the variance from the spe- cific provision(s) is to be allowed; and 2. State the conditions under which the variance is to be made; and 3. Be based upon specific findings of fact based on evidence related to the following: (i) That there are practical difficulties or unnec- essary hardships in carrying out the strict letter of the specific provision, common to dwell- ings, dwelling units or rooming units to which the variance will apply; and (ii) That such variance is in harmony with the general purpose and intent of this ordinance in � curing the public health, safety and gen- Supp, No. 37 era we l are. 1162 �. -37 9 HOUSING § 17-3 The effective date of the variance shall be thirty (30) days atter notification to the city council un- less vetoed by an extraordinary. majority. of the city council during said thirty -day period. (j) Emergency orders. Whenever the inspector, in the en- forcement of the housing code, finds that a condition exiats which requires immediate action to protect the health or safety of the occupants and/or the general public, he/she may, with - Out notice or hearing, issue an order reciting the existence of such a condition and requiring that action be taken such as ihe/she deems necessary to abate the condition. If necessary, the director may order that the premises be vacated forthwith and they shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the housing code, such order shall be effective immediately, or in the time and manner prescribed by the order itself. (k) Placarding procedures. Any dwelling, dwelling unit or rooming unit which is found to be so damaged, decayed, dila- pidated, unsanitary, unsafe or vermin -infested that it creates a hazard to the health or safety of the occupants or of the public - — shall be determined to be unfit for human habitation and shall be so designated and placarded by the director. (1) Order to vacate placarded dwelling. Any dwelling, dwell- ing unit, rooming unit, or any portion thereof, placarded as be- ing unfit for human habitation by the director shall be va- cated immediately or as ordered by the director. (m) Approval required to re -occupy placarded dwelling. No dwelling, dwelling unit, rooming unit, or portion thereof, which has been placarded as unfit for human habitation, shall again be used for human habitation until written approval is secured from, and such placard is removed by, the director. The director shall remove such placard whenever the defect(s) upon which the placarding action was based has been eliminated, (n) Removal of placard prohibited. No person shall deface or remove a placard from any dwelling dwelling unit or rooming unit which has been deemed unfit for human habita- tion and placarded its such, except as provided in subsection 17-3(m). Supp. No. 37 1163 § 17-3 IOWA CITY CODE (o) Condemnation referral. After a reasonable period of time'after. a property has been placarded and no remedial. action begun, the inspector may refer the case to the authority charged with enforcement of the Uniform Code for the Abate- ment of Dangerous Buildings for appropriate action. (p) Rent escrow. (1) Eligibility for rent escrow. a. Notwithstanding any other provision of law or any agreement, whether oral or written, if s lessor of residential premises fails to comply with an order of the inspector to correct a violation of the housing code, the inspector shall, upon the expiration of such notice of violation, extensions thereof, or ap- peal opportunity, serve notice in writing that the dwelling unit or rooming unit affected by the notice is eligible for rent escrow. Said notice of eligibility shall be properly served to the owner or operator or both, and each and every affected tenant. b. A dwelling unit or rooming unit is eligible for certi- fication of rent escrow if notice of eligibility for rent escrow is not appealed as provided for in this chapter or upon a decision by the housing appeals board upholding, in whole, or in part, the notice of eligibility for rent escrow. Application for certifi- cation must be made within ninety days (90) days of receipt of notice of eligibility or determination by the housing appeals board. (2) Certification of rent escrow. Certification of rent escrow shall be given by the director upon a showing of a valid notice of eligibility for rent escrow and: a. Production of a signed rent escrow agreement with a financial instituion or other agent approved by Supp. No. 37 i I 1. 1164 i /537 9 HOUSING 417-3 viduals under the control of the tenant and that the deficiencies are beyond ordinary wear and tear. b. The tenant has refused entry to the owner or his/ her agent for the purpose of correcting such con- dition or conditions. (6) Petition for relief. The housing appeals board shall bear petitions for relief from lessors of property for which a rent'escrow account has been established. The board may grant modifications of the terms of the rent escrow provisions provided that evidence is presented and the board finds that compliance with the housing code would cause unreasonable hardship due to factors beyond the lessor's control and that the modification granted is necessary to avoid undue hardship. (7) Normal lease term. The provisions of rent escrow shall not apply in such a way as to affect a lease expiration or renewal. (q) Rules and regulations. The inspector shall make all rules and regulations available to the general public. Standard forme and blank notices shall also be available upon request. (r) Penalty. Any violation of this chapter shall be consid- ered a misdemeanor or municipal infraction as provided for under Chapter 1 of the Code of Ordinances of the city. (a) Rights. Any person affected by any action, interpre- tation, notice or order which has been issued in connection with the enforcement of this chapter may request, and shall be granted, a hearing on the matter pursuant to the provisions of Chapter 2 of the Code of Ordinances of the city. (t) Other remedies. If other methods to obtain compliance have failed, the director may contract to have the work done as neces- sary to remedy a violation, the cost of which shall be assessed to the violator and constitute a lien on the property until paid. No provisions or section of this chapter shall in any way limit any other remedies available under the provisions of the housing code or any other applicable law. (u) Fees. The department of housing and inspection services is authorized to assess permit and reinspection fees, the amounts of Supp, No. 37 1167 i n I 117.3 IOWA CITY CODE which shall be established by resolution of the city council. (Ord. No. 80-3014, § 2,12.16-80; Ord. No. 88.3386, §§ 2-7, 6.28-88) ties. 17.4. Certificate of structure compliance and rental per. Mit. (a) Requirements for rental property. It shall be a violation of this Code for any person to let to another for rent and Occu- pancy any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner - occupied; single-family dwellings, condominiums and cooperatives, containing no more roomers than permitted by the zoning ordi- nance), or rooming house unless: (1) The owner or operator holds a valid certificate of struc- ture compliance, issued by the department of housing and inspection services, applicable to those portions of the specific structure used for residential rental pur- poses. (2) The owner or operator holds a valid rental permit, issued by the department of housing and inspection services, in the name of the owner or operator, applicable to those. portions of the specific structure used for residential —' rental purposes. (b) Certificate of structure compliance. The certificate of structure compliance shall be a permanent document (except as noted below) which, when issued, shall satisfy the require- ments of sections 17-6 and 17-6. The certificate shall be trans- ferable at the time of a change in ownership and shall remain a part of the Iowa City property file as a matter of public record. The certificate, In and of Itself, shall not be Interpreted as granting the owner or operator the privilege of letting the structure for residential occupancy, but must be accompanied by a valid rental permit. The certificate of structure com- pliance shall state the date of issuance, type of structure for which the certificate is being Issued and address of the struc- ture to which it is applicable. All dwelling units and rooming units being let for rent and occupancy without a valid cer- tificate of structure compliance or application for the same on file with the city and fees paid may be ordered vacated. Supp. No, 37 1168 15-37 9 HOUSING § 174 (e) Application for certificate of structure compliance. The I owner or operator shall file, in duplicate, an application for a certificate of structure compliance with the department of housing and inspection services on application forms provided by the inspector. (d) Issuance of certificate of structure compliance When the provisions of sections 17.5 and 17.6 of the housing code have been complied with by the owner or operator, the department of hous. ing and inspection services shall issue a certificate of structure compliance upon payment of a fee, the amount of which shall be set by resolution of the city council. (e) Revocation of certificate of structure compliance. The certificate of structure compliance shall be permanent, except when there has been fraud, collusion or illegality in the in- spection process applicable to this certificate of structure j compliance or. when there exists a material andsubstantial noncompliance with section 17-5 or 17-6 which directly af- fects the health and/or safety of the occupants therein. The inspector, or any other individual who believes that there exists grounds for revocation, may petition the housing ap- peals board to revoke the certificate of structure compliance. The burden of proof shall be upon the party seeking the revo- cation. The owner or operator of the affected property shall be properly notified of the petition for revocation and shall be notified of the date, place and time of the housing appeals board's consideration of the petition and may appear and de- fend. Upon final determination by the housing appeals board, a certificate of structure compliance may be modified to re- flect the compliance of each dwelling unit and/or rooming unit with sections 17-5 and/or 17-6 or may be revoked In whole or in part. (0 Rental permit. A rental permit shall be a document indicat- ing compliance with section 17.7 of the housing code at the time of issuance and shall be valid for a specified period of time. The document shall be transferable from one owner or operator to another and any time prior to its expiration, termination, or revocation. The owner or operator shall notify the department of housing and inspection services of any change of interest or own - Supp. No. 37 1169 53 7 a 9 § 17-4 IOWA CITY CODE ership in the property within thirty (30) days of any conveyance -- or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event that the department of housing and inspec. tion services has not been notified of such conveyance or transfer within the designated period of time, the rental permit shall be transferred from one owner or operator to another only upon payment of a fee, the amount of which shall be established by resolution of the city council, which shall be assessed to the new owner. or operator. The rental permit shall state the date of issuance, the address of the structure to which it is applicable, the name of the owner or operator to which it is applicable, and its expiration date. All dwelling units and rooming units being let for rent and occupancy without a valid rental permit or appli. cation for the same on file with the city and fees paid may be ordered vacated. (g) Application for rental pennit. The owner or operator shall file, in duplicate, an application for rental permit with the department of housing and inspection services on applica- tion forms provided by the inspector. (h) Issuance of a rental permit When all provisions of section 17-7 of the housing code have been complied with by the owner or \� operator, the department of housing and inspection services shall issue a rental permit upon payment of all permit and reinspec- tion fees, the amount of which shell be established by resolu- tion of the city council. (i) Emtinwion of rent¢l permit. Rental permits shall be valid through the expiration date contained thereon. However, ex- tensions shall be granted to cover any time period between the stated expiration date and the period of time permitted by the inspector to remedy any violations cited subsequent to a main- tenance inspection, provided a rental application is on file with fees paid. (j) Revocation of a rental permit. The housing appeals board shall consider the revocation of a rental permit upon the expiration of a rent escrow account if petitioned by the Inspector for such revocation. The owner or operator of the affected property shall be properly notified of the petition for revocation and shall be notified of the date, place and time of the housing appeals board's consideration of the petition 1 Supp. No, 37 1170 .ti HOUSING 4 17-5 and may appear. and defend. The board may revoke a rental permit upon a finding of a violation of any provision of sec- tion 17-7. (k) Searing when a certificate of structure compliance and/ or rental permit is denied. Any person whose application for a certificate of structure compliance or rental permit has been i denied may request, and shall be granted, a hearing on the matter before the housing appeals board under the procedures of i the Iowa City Administrative Procedures Ordinance [sections 2.180 through 2-1921. Application for the appeal hearing must be made within ten (10) days of receipt of the written notice of denial. (Ord. No. 80.3014, 3 2, 12.16.80; Ord. No. 84.3170, 3 2, 1-17.84; Ord. No. 88-3385, 33 8, 9, 6-28-88) Sec. 17-5. Minimum structure standards for all dwellings, (a) Safety of supplied facility. Every supplied facility, piece of equipment or required utility shall be constructed and/or installed so that it will function safely. (b) Kitchens. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following. (1) It shall include an approved kitchen sink. (2) It shall contain apace capable of properly accommodating a refrigerator and a stove or range. (3) It shall contain proper access terminale to utilities neces- sary to properly operate a refrigerator and stove or range. (4) It shall include adequate apace for the storage and prepa- ration of food. (c) Toilet required Every dwelling unit shall contain a toilet. (d) Bath required Every dwelling unit shall contain a bath. j (e) Lavatory basin required Every dwelling shall contain a lavatory basin within or adjacent to the room containing the toilet. (1) Privacy in a room containing toilet and bath. Every toilet and every bath shall be contained within a room or within sepa- rate rooms which afford privacy for a person within said rooms. Supp. No. 37 1171 I r § 17.6 IOWA CITY CODE (g) Water heating facilities required. Every kitchen sink, -- bath and lavatory basin required in accordance with the provi- sions of the housing code shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly connected and shall be capable of heat- ing water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin _ required under the provisions of the housing code at a tempera- ture of not less than one hundred twenty (120) degrees Fahren- heit (forty-eight (48) degrees centigrade). Such supplied water heating facilities shall be capable of meeting the requirements of this section when the required space heating facilities are not in operation. (h) Connection of sanitary facilities to water and sewer aydiems. Every kitchen'sink, toilet, lavatory basin, and bath shall be properly connected to an approved water and sewer system. (1) Exits. (1) Every dwelling unit and rooming unit shall comply with the following exit requirements: a. Single-family homes shall have access to at least one exit. b. Duplex structures. Every dwelling unit and rooming unit within a duplex structure shall have access to at least one exit and shall have not less than two (2) exits on each Floor where the floor area exceeds three thou- sand (3,000) square feel. c. Multiple dwellings and roomink houses. Every dwell. ing unit and rooming unit within a multiple dwelling or rooming house shall have access to two (2) exits. d. Where only one exit is required, it shall be a continu- ous and unobstructed means of egress which discharges directly or via corridors or stairways, or both, to a publicway. e. Where at least two (2) exits are required, they shall be independent, unobstructed means of egress remote from each other and at least one shall discharge directly or via corridors or stairways, or both, to a publicway; if both means of egress are designated to a common car. Supp No. 37 1172 HOUSING 5 17-5 rider, they shall be in opposite directions immediately upon exiting the dwelling unit or rooming unit except that a common path of travel may be permitted for the - first twenty (20) feet; that is, a dead-end corridor may be permitted not to exceed twenty (20) feet in length. f. Basements and floors above the second story shall have not less than two (2) exits except when such j floors or basements are used exclusively for the ser- vice of the building. (2) Every means of egress shall comply with the following requirements: a. Handrails—All stairways comprised of four (4) or more risers shall be provided with a substantial and safe handrail. New construction or remodeling shall comply with the city building code.. b. Guardrails—All unenclosed floor and roof open - Inge, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or above the floor below, and any roof used for other than service of the building, shall be protected by a substantial and safe guardrail. New construction or remodeling shall comply with the city building code. c. Riser height and (read width—Every stairway shall have a uniform riser height and uniform tread width which shall be adequate for safe use. d. Lockable doors, windows—Doors and windows readily accessible from outside the unit shall be lockable from inside the unit. e. Basement window egress—In basement units where one means of egress Is a window, such window shall have an unobstructed opening no less in area than that required in the building and/or fire codes. f. Fire escapes—No existing fire escape shall be deemed n sufficient means of egress unless it Is in compliance with the fire codes of the state and the city. Supp. Na. 37 1173 4175 IOWA MYCODE g. Doorway size—Every doorway providing ingress,I or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. (j) Natural light. (1) Every habitable room except a kitchen shall have at least one window or skylight facing directly to the out- doors. The minimum total window or skylight area, measured between stops, for every habitable room, except the kitchen, shall be at least eight (8) per cent of the floor area of such room or that amount of window and/or sky. light area specified by the local building code. (2) For the purpose of determining natural light and natural ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and r provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five (26) square feet, whichever is greater. (k) Ventilation. (1) Interior air quality. Every dwelling unit and rooming unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. (2) Natural ventilation. i a. Every window or other device with openings to the outdoor space, used for ventilation, shall be sup- plied with screens of not less than sixteen (16) mesh per inch. b. The total openable window area in every habitable room shall be equal to at least forty-five (46) per cent of the minimum window area as required above. c. Every door opening directly from a dwelling unit or rooming unit to outdoor space, the use of which Supp. No. 37 1174 /537 9 HOUSING 4 17-5 is necessary to meet the minimum ventilation re- quirements of this Code, shall have a supplied screen or screens and a self-closing device. d. Every cellar window, soffit or roof vent, used or intended to be used for ventilation, and every other opening to a cellar, crawl space or interior roof area which might provide an entry for rodents or birds shall be supplied with a heavy wire screen of not larger than one -fourth -inch mesh or such de- vice as will effectively prevent their entrance. e. For natural ventilation, every bathroom or toilet compartment shall have at least one openable win- dow facing. directly to the outdoors and at least forty-five (96) per cent of the window must be operable (openable). (3) Mechanical'Ventilation. I a. In lieu of openable windows for natural ventila- tion, adequate ventilation may be a system of me- chanical ventilation_ which provides not less than two (2) air changes per hour in all habitable rooms and/or bathrooms or toilet compartments. b. No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged Into an attic, crawl space or cellar unless such attic, crawl space or cellar is adequately vented to the outside. (c) Any kitchen or kitchenette lacking natural ventila- tion shall be equipped with a system of mechanical ventilation which provides at least two (2) air' changes per hour in said room. The system shall exhaust and discharge directly to outside air. (1) Heating. (1) Every dwelling shall have heating facilities which are properly installed and are capable of safely and ade- quately heating all habitable rooms, bathrooms and toilet rooms located therein to a temperature of at least Supp. No. 37 1176 1537 s 4175 IOWA CITY CODE sixty-eight (68) degrees Fahrenheit (twenty (20) de- grees centigrade) and shall be capable of maintaining in all said locations a minimum temperature of Sixty- - five degrees Fahrenheit, (eighteen (18) degrees centi- grade) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so designed and equipped that heat, as herein specified, is available for all dwelling units and rooming units. (2) Every central heating unit, space heater, water heater and cooking appliance shall be located and installed in such a manner so as to afford reasonable protection against involvement of egress facilities or egress routes in the event of uncontrolled fire in the structure. (3) Every fuel -burning heating unit or water heater shall be effectively vented in a safe manner to a chimney or duct leading to the exterior of the building. The chim- ney, duct and vent shall be of such design as to assure proper draft and shall be adequately supported. (4) No fuel -burning furnace shall be located within any sleeping room or bathroom unless provided with ade. quate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. Fuel -burn - Ing water heaters are prohibited in bathrooms and sleeping rooms. (6) Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate pressure and temperature limit controls. Such controls shall have a properly installed extension pipe on the pressure temperature control valve. (6) Every fuel -burning space heating unit and water heater shall be equipped with an electronic Ignition or with a pilot light and an automatic control to interrupt the flow of fuel to the unit in the event of a failure of the ignition device. All such heating units shall have a limit control to prevent overheating. Supp. No. 37 1176 HOUSING g 17.5 (m) Electrical requirements. (1) Every habitable room shall contain at least two (2) separate floor or wall-type electric double convenience outlets which shall be situated o distance apart equiva- lent to at least twenty-five (25) per cent of the perimeter of the room. Every such outlet and fixture shall be properly installed. (2) Every habitable room, toilet room, bathroom, laundry room, furnace room, basement and cellar shall contain at least one supplied ceiling or wall-type electric light fixture or switched outlet. Every such outlet and fix- ture shall be properly installed. (3) Temporary wiring or extension cords shall not be used Fie permanent wiring. . (n) Minimum space, use and location requirements. (1) Floor area per occupant. a. Every dwelling unit shall contain at least one hun- dred twenty (120) square feet of habitable floor space for the first occupant thereof and at least one hundred (100) additional square feet of habitable floor space for every additional occupant thereof. b. For the purpose of determining the maximum per- missible occupancy, the floor area of that part of a room where the ceiling height is less than five (5) feet shall not be considered when computing the total floor area of the room. (2) Maximum occupancy. Not more than one family, plus that number of roomers permitted in the zoning ordinance, except for guests, shall occupy a dwelling unit unless a rental permit for a rooming house has been granted. (3) Sleeping rooms. In every dwelling unit of two (2) or more rooms and every rooming unit, every room oecu- pied for sleeping purposes by one occupant shall con- tain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more Supp. No. 57 1177 �. ....., /Sb7 I 117-5 IOWA CITY CODE than one occupant shall contain at least forty (40) square feet of floor space for each occupant thereof. Exception: Two-bedroom mobile homes shall be required to have only one bedroom in compliance with this section. (4) Ceiling height. The ceiling height of every habitable room shall be at least seven (7) feet. a. In any habitable room where the ceiling is a part of a sloping roof, at least one-half of the floor area shall have a ceiling height of at least seven (7) feet. Floor area, as stated above, shall mean the area of the floor where the vertical measure- ment from floor to ceiling is five (6) feet or more. b. Obstructions of space by such items as water and gas pipes, cabinetry, etc., shall be permitted when such obstructions are located within two (2) feet of a partition or wall; do not interfere with normal ingress and egress; would not interfere with'an \ .emergency ingress or egress; and are approved by the inspector. Obstruction of ceiling space shall be \� permitted when such obstruction is located at a height of not less than Six (6). feet, four (4) inches from the floor and which does not occupy more than twenty-five (26) per cent of the cubic area of the space within a room which is further. than six (6) feet four (4) inches from the floor. (o) Fire protection equipment All fire extinguishers and early warning fire protection systems shall be properly installed ac- cording to the city fire code. (Ord. No, 80.3014, 4 2,12.16.80; Ord. No. 82.3092, ( 2B, 11.23.82; Ord. No. 843170, 4 2, 1.17.84; Ord, No. 84.3183, 4 2, 5-8.84; Ord. No. 88.3385, 45 10-14, 6.28.88) Sec. 17.6. Minimum structure standards for all rental housing. (a) Direct notees. Access to each dwelling unit or rooming unit shall not require first entering any, other dwelling unit or rooming unit (except that access,to,rooming units may be through a living room or kitchen of a unit occupied by the owner -operator of the structure). No dwelling, dwelling unit, Supp. No. 37 1178 /�/ 9 HOUSING 117-6 or rooming unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room or Type III dwelling unit can be had only by going through another sleeping room or Type III dwelling unit; nor shall room arrangements be such that aurees to a sleep- ing room or Type III dwelling unit can be had only by going through another sleeping room or Type III dwelling unit. A bath- room or water closet compartment shall not be used as the only passageway to any habitable room, hallway, basement, cellar or to the exterior of the dwelling unit or rooming unit. (b) Lighting of public halls and stairways. (1) Public passageways and stairways in dwellings ac- commodating two (2) to four (4) dwelling units or rooming units shall be provided with a convenient wall - mounted light switch(es) which activates an adequate lighting system. (2) Public passageways and stairways in buildings accom- modating more than four (4) dwelling units or rooming units shall be lighted at all times with an adequate artificial lighting system, except that such artificial lighting may be omitted from sunrise to sunset when an adequate natural lighting system is provided. When- ever the occupancy of a building exceeds one hundred (100) persons, the artificial lighting system as required herein shall be on an emergency circuit. (c) Fire extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the fire marshal shall Supp No. 37 1178.1 15.37 �\ HOUSING j 17-7 Exception: This chapter shall not affect the existence or maintenance of storm water detention systems. (e) Chimneys and smokepipes. Every chimney and every supplied smokepipe shall be adequately supported, reasonably clean and maintained in a reasonably good state of repair. (f) Protection of exterior wood surfaces. All exterior wood surfaces of a dwelling and its accessory structures, fences, porches, and similar appurtenances shall be reasonably pro- tected from the elements and against decay by non -lead-based paint or other approved protective coating. Exception: Where it can be demonstrated that the exterior wood surface is comprised of a type of species of wood or has been treated in such a way as to cause it to be especially re- sistant to decay or infestation, the wood surface in question, if approved by the inspector, shall be exempted from the above - listed requirement. (g) Means of egress. Every means of egress shall be main- tained in good condition and shall be free of obstruction at all times. If the means of egress is a fire escape, it shall be main- tained in a good state of repair. (h) Hanging screens and storm windows. The owner or operator of the premises shall be responsible for hanging all screens and storm windows except when there is a written agreement between the owner and the occupant to the con - bury. Steens shall be provided no later than the first day of May of each year and storm windows shall be provided no later than the first day of November of each year. (1) Electrical system. The electrical system of every dwell- ing or accessory structure shall not, by reason of overloading, dilapidation, lack of insulation, Improper fusing, or for any other cause, expose the occupants to hazards of electrical shock or fire, and every electrical outlet, switch, and fixture shall be complete as manufactured and be maintained in good and safe working condition. (j) Afaintenance of supplied plumbing fixtures. Every sup- plied plumbing fixture and water And waste pipe shall be maintained in good and sanitary working condition. Supp. No. 37 1183 N § 17-7 IOWA CITY CODE /1l (1) All plumbing hereafter installed or replaced shall be so designed and installed as to prevent contamination of i the water supply through backflow, back siphonage, or cross-connection. (2) Nater pressure shall be adequate to permit a proper flow of water from all open outlets at all times. (k) Maintenance of gas appliances and facilities. (1) Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the inspector. (2) Every gas pipe shall be sound and tightly put together and shall be free of leaks, corrosion, or obstruction so as to reduce gas pressure or volume. (8) Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. (1) Maintenance of heating and supplied cooling equipment. The heating equipment of each dwelling shall be maintained in good and safe working condition and shall be capable of heat- Ing all habitable rooms, bathrooms and toilet rooms located therein to the minimum temperature required by this Code. However, heating and supplied cooling equipment shall not be required to be maintained in operational condition during that time of the year when said equipment is not normally used. No combustible material shall be stored within three (8) feet of a fuel-burning furnace and/or fuel-burning water heater.' (m) Floors-kitchen, and bathroom. Every toilet room floor surface, bathroom floor surface, and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean, dry and sanitary condition. (n) Supplied facilities. Every facility, utility, and piece of equipment required by this Code and/or present in the unit and/or designated for the exclusive use by the occupants of said unit, at the time that either the rental agreement Is signed or possessionis given, shall function safely and shall be main- tained in proper working condition. Maintenance of facilities, utilities, and equipment not required by this Code shall be the Supp. No. 37 1189 /-07 I HOUSING § 17-7 owner's responsibility unless stated to the contrary in the rental agreement. No supplied facility shall be removed, shut, off or discon- nected from any occupied dwelling unit or rooming unit except for such temporary interruptions) as may be necessary while actual repairs, replacements, or alterations are being made. (o) Refrigerators and stoves. All supplied refrigerators, stoves, and ranges shall be maintained in good and safe work- ing condition. (p) Toilets, baths, and lavatory basins. All toilets, baths, and lavatory basins shall be maintained in good and sanitary work- ing condition. (q) Fire protection. All fire extinguishers and early warn- ing fire protection systems shall be maintained in good work- ing condition at all times. Fire extinguishers shall be mounted and meet the requirements of the city fire code. (r) Covered cisterns. All cisterns or similar water storage facilities shall be fenced, safely covered or filled in such a way as not to create a hazard to life or limb. (s) Sealed passages. All pipe passages, chutes and similar openings through walls or floors shall be adequately enclosed or sealed to prevent the spread of fire or passage of vermin. (t) Pest extermination. Whenever infestation exists in two (2) or more dwelling units or rooming units of any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units or more than one rooming unit, extermination thereof shall be the responsibility of the owner. (u) Owner to let clean units. No owner shall permit occu- pancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. (v) Maintenance of exterior areas. Every owner or operator shall be responsible for maintaining the exterior areas in a safe, clean, and sanitary condition. (w) Maintenance of fences. Every fence shall be kept in a reasonably good state of repair or shall be removed. Supp. No. 37 1185 _/ 9 § 17-7 IOWA CITY CODE (x) Garbage disposal. Every owner of a dwelling shall sup- ply adequate facilities for the disposal of garbage which are approved by the inspector and/or are in compliance with the Code of Ordinances of Iowa City. (y) Occupancy control, (1) A dwelling unit shall not be occupied by a number of persons greater than allowed by the city zoning ordinance. (2) No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued. (z) Cooking and eating in rooming units. No owner or operator shall knowingly allow eating or the use of cooking equipment within any rooming unit. (Ord. No. 80.3014, $ 2, 12.16.80; Ord. No. 88.3385, 64 15-19, 6-28-88) Sec. 17.8. Responsibilities of occupants relating to the main- tenance and occupancy of premises. (a) Occupant responsible for controlled area Every occu- pant of a dwelling unit or rooming. unit shall keep in a clean, safe and sanitary condition that part of the dwelling unit, room- ing unit, or premises thereof he/she occupies and controls. (1) Every floor and floor covering shall be kept reasonably clean and sanitary. (2) Every wall and ceiling shall be kept reasonably clean and free of dirt or greasy film. (3) No dwelling or the premises thereof shall be used for the storage or handling of refuse. (9) No dwelling or the premises thereof shall be used for the storage or handling of dangerous or hazardous ma. terials. (b) Plumbing fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exer- cise of reasonable care, proper use and proper operation there. of. Supp, Nn. a7 1186 t IS07 HOUSING ii 17-5 -- (c) Extermination of pests. Every occupant of a single- family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; every occupant of a dwelling containing more than one dwell- ing unit or rooming unit shall be responsible for such ex- termination within the unit occupied by him/her whenever Said unit is the only one infested. Notwithstanding, the fore- going provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodentproof or reasonably insectproof condition, ex- termination shall be the responsibility of the owner. (d) Storage and disposal of garbage. Every occupant of a dwelling shall dispose of rubbish, garbage, and any other or - garde waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code. (e) Use and operation of supplied heating facilities. Every occupant of a dwelling unit or rooming unit shall be responsi- ble for the exercise of reasonable care, proper use, and proper operation of supplied heating facilities. No combustible material shall be stored within three (3) feet of a fuel -burning furnace and/or fuel -burning water heater. (f) Electrical wiring. No temporary wiring or extension cords shall be used except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transoms, or similar apertures and structural elements or attached thereto. The occupant shall not knowingly overload the circuitry of the dwelling unit or rooming unit. (g) Supplied facilities. Every occupant of a dwelling unit shall keep all supplied fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reason- able care, proper use, and proper operation thereof. (h) Preparation or eating of meals in rooming units pro- hibited. No occupant of a rooming unit shall prepare or eat meals or store cooking utensils in his/her rooming unit unless an approved kitchen or dining room Is contained within the rooming unit The cooking and eating of meals may take Supp. No. 37 1187 1537 § 17-8 IOWA CITY CODE place in dwellings containing a rooming unit or units if the provi- sions of subsection 17.6(1) and 0) are complied with. (i) Occupancy control (1) A dwelling unit shall not be occupied by a number of persons greater than allowed by the city zoning ordinance. (2) No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued. 0) Fire protection equipment All fire extinguishers and early warning fire protection systems shall be maintained in good work- ing condition at all times. Fire extinguishers shall be mounted and meet the requirements of the city fire code. (Ord. No. 80.3014, § 2, 12.16.80; Ord. No. 82-3092, § 2D, 11-23.82; Ord. No. 88-3386, §§ 20-22, 6.28.88) Sec. 17.9. Title 24 of the Code of Federal Regulations; Section 882.109 (a) through (1); "Housing Quality Stand- ards." Housing used in this program shall meet the performance requirements set forth in this section. In addition, the housing shall meet the acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. The term "this program" shall be interpreted to mean the Section VIII Housing Assistance Payments Program. Further, In accordance with the Code of Iowa, this section hoe provided the basis for provisions of the Iowa City Housing Code. (a) Sanitary. facilities. (1) performance requirement. The dwelling unit shall Include its own facilities which are in proper oper- ating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability criteria.. A flush toilet in a separate, private room, a fixed basin with hot and cold run- ning water shall be present in the dwelling unit, all Supp. No. 37 1188 �J 9 HOUSING 117.9 in proper operating condition. These facilities shall utilize an approved public or private disposal sys. tem. (b) Food preparation and refuse disposal. (1) Performance requirement. The dwelling unit shall contain suitable apace and equipment to store, pre. / Supp, No. 37 1188.1 i i /53 7 MISCELLANEOUS PROVISIONS § 24„37 (1) Makes unreasonable noise in public tending to cause a breach of the peace. (2) Makes unreasonable noise in the vicinity of any resi- dence which causes distress to the occupants thereof. ror the purposes of this section, an occupant shall not be considered distressed unless she/he has first at. tempted to contact the individual responsible for such noise and requested relief, and the noise continues or is resumed within forty-eight (98) hours. (3) Acts in a threatening or violent manner towards an- other whereby: a. Any person is placed in fear of safety of his/her life, limb, or health; b. The property of any person is placed in dnnger of being destroyed or damaged; or c. The lawful pursuits of another are substantially curtailed. (9) -Uses inflammatory language in public which he/she knows or reasonably should know is likely to provoke an imminent violent reaction by another. (5') Places him/herself or any object in or on any public way so as to halt or seriously impede the flow of vehicu- lar or pedestrian traffic; or places him/herself or any object in the entrance to or in the passageways of any .public park or any public or private property so as to preclude or substantially impede the use thereof by per- sons entitled to use such park or property; provided that, nothing herein contained will apply to any persons or groups authorized to hold parades or meetings or events on or in such places as long as such groups or persons act in compliance with the terms of their permits or permission. (6) Commits a trespass upon public or private property with R malicious intent. (7) Willfully and knowingly acts in such a way as to dis- rupt any lawful assemblage or gathering of people. Supp. No. a7 1CA9 /5'3,' a § 24-47 IOWA CITY CODE (b) This section shall not apply to any peace officer acting within the scope of his/her duties who reasonably believes a public offense has been committed or is imminently threat- ened. (Code 1966, § 7,02.1; Ord. No. 2558) Sec. 24.48. Keeping disorderly house. No person shall permit or suffer to continue without tak- ing legal steps to prevent the same any quarreling, fighting or loud, disagreeable noises to the disturbance of the neighbor- hood'or general public upon any premises owned by him/her or in his/her possession. (Code 1966, § 7.14.7) Sec. 2449. Accosting, It shall be unlawful for any person to accost any other per- son with uninvited sexual or offensive proposals or atten- Una& Sec. 24.50. Lounging and loafing. If any person within the corporate limits of this city, ob- structs or encumbers any street corner or other public place in this city by loafing or lounging in or about the same, after being requested to move on by any police officer, he shall be guilty of a misdemeanor. (Code 1966, § 7.02.4; Ord. No. 2588) Sec. 24.61. Reserved. Editor's note—Section I of Ord. No. 88.9370, adopted April 6, 1888, repealed former § 24.61 in its entirety. Such former section pertained to drinking In public and derived from Cade 1966, 17.12.3, and Ord. No. 74-2749, 111, adopted Dec. 30, 1974. Seca 24.62. Bugging. No person shall be found upon any street, alley or public ground begging from house to house or in a public place. (Code 1966, § 7.12.5) Supp. No. 37 1650 9 r� i r• tt r1. - Chapter 32 SUBDIVISION REGULATIONS* Art. 1. In General, §§ 3Z-1-32.18 Art. Ii. Plats, §§ 32.19-32-53 Div. 1. Generally, §§ 32.19-32.26 Div. 2. Preliminary, §§ 32.26-32.38 Div. 3. Final,§§ 32.39--32-69 Art. 111. Standards and Specifications, A4 3284-3282 ARTICLE I. IN GENERAL Sec. 32.1. Short title. This chapter shall be known as and may be referred to and cited as the "Subdivision Code." (Code 1966, § 9.60.IA) Sec. 32-2. Definitions. For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows: Alley. A public thoroughfare which affords only a secondary means of access to abutting property. Arterial street. A street intended for crosstown or through traffic. Collector street. A street intended to carry vehicular traf- fic from residential streets to arterial streets. Commission. The planning and zoning commission of the city. Cul-de-sac. A local street closed at one end with a turn around. Local street. A street which provides for direct access to abutting property and for the movement of local traffic. 'Cross references—Mobilo homes and mobile been parks, Ch, 22; parks nod recreation, Ch. 26; planning, Ch. 27; streets, sidewalks and public places, Ch. 81; zoning regulations, App. A. Stale law references—Plats, I.C.A. § 400.1 at seq.; authority to adopt regulations, § 409.14. Supp. No. 37 2197 A § 32-2 IOWA CITY CODE �\ These may serve residential, commercial, industrial or insti- tutional areas. Loop street. A local street which has two (2)• intersections with another street; in so doing, has an alignment roughly in the shape of a "U;' may have lots, on either side and no other street intersections except at the ends of the "U.' Major plat. A plat including one or more new streets, se- lective access drives or street extensions. Minor plat. A plat involving no streets. Off-site costs. The reasonable costs incurred by a developer in constructing or otherwise extending public improvements from existing public improvements through or along property belong- ing to third parties to the boundaries of property under develop. ment, and which improvements are capable of serving the third party property, Out -of -sequence development. Subdivision or large scale devel- opment of land before it is included in the short-range develop. ment sequence in the city's comprehensive plan, as revised from time to time. Public improvements shall mean the principal structures? works, component parts and accessories of any of the following: (1) Sanitary and storm sewers; (2) Drainage conduits, channels and levies; (3) Streets and sidewalks; (4) Water mains and extensions. Separate tract. A parcel of land or a group of contiguous parcels of land under one ownership on February 7, 1969. Street. A right-of-way dedicated to and accepted for the public use, which affords the principal means of access to abutting property. Subdivision. The division of a separate tract of land Into three (3) or more lots or parcels for the purpose of transfer Supp. No. 37 2199 �i N —\ SUBDIVISION REGULATIONS 4 32.5 of ownership or building development, Or, if a new street is involved, any division of a parcel of land. Turn around. A radial, circular or loop drive at the termina- tion end of a cul-de-sac permitting a vehicle to reverse its 'direction while continuing its forward movement. (Code 1966, §§ 9.50.3(1), (2), (6), (8)—(12), 9.50.4A(3); Ord. No. 74- I 2715, § II, 4-16.74; Ord. No. 88-3376, § 1(A), 5.3-88) Cross reference—Rules of construction and definitions generally, 4 1.2. See: 32.3. Purpose. This chapter is to provide for the harmonious development of the city for the coordination of streets within subdivisions with other existing or planned streets, for adequate open spaces, for traffic, recreation, light and air, and for dfstribu- tion of population and traffic which will tend to create condi- tions favorable to health, safety, and general welfare. (Code 1966, § 9.50.1B) Sec. 32.4. Establishment of control. A plat or replat of a subdivision of land located within the city or subject to control of the city (under Code of Iowa, section 409.14), shall be certified as approved by the mayor and city clerk and the same affixed to the plat or replat only after approval as hereinafter provided by a resolutign of the city coun- cil. (Code 1966, § 9.60.2; Ord. No. 2567) Sec. 325. Issuance of building Permits restricted Where a subdivision is required by this chapter, no building permit shall be issued for construction on any lot, parcel or tract unless and until a final plat of each subdivision has been ap- proved and recorded in accordance with this chapter, and until the improvements, with the exception of sidewalks, required by this chapter, have been accepted by the city. (Code 1966, § 9.50.7; Ord. No. 83.3104, § 2A, 2.15.83) Cross reference—Licenses and miscellaneous business regulations, Ch, 21. Supp. No. 37 2199 I i § 32-6 IOWA CITY CODE /1 j Sea 32-6. City's right to install improvements upon subdi• videos failure to do so. (a) In the event the subdivider, its assigns or successors in interest, should sell or convey lots in a subdivision without having had constructed or installed the pavement, water mains and sanitary sewers; or if the subdivider, its assigns or successors in interest or the owners of the lots in such subdi- vision should fail to construct sidewalks, the city shall have the right to install and construct such Improvements and the costs of such improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improve- ments under the provisions of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the require- ments, of notice, benefit or value as provided by state law for assessing such improvements. It is further provided that this requirement to so construct such improvements is and shall remain a lien from date until properly released as hereinafter provided. (b) When required improvements have been installed to the satisfaction of the city, It will immediately file in the office of the county recorder a good and sufficient release V to various lots In such subdivisions so that this section will not constitute a cloud upon the title of the lots in the subdi- vision. Sec. 32.7. Exceptions. (a) Modi%:calions of requirements. Upon recommendation of the planning and zoning commission, or if it deems such action to be appropriate, the city council may vary, modify, or waive the requirements of Article' III of this chapter under the following circumstances: (1) Where, in the case of a particular proposed subdivision or plat thereof it can be shown that strict compliance with the requirements of Article III of this chapter would result in extraordinary hardship to the subdivider because of unusual topography, excessive costs, or other such non - self -inflicted conditions or that these conditions wguld re - Supp. No. 37 2200 /s3 7 9 SUBDIVISION REGULATIONS ¢ 32-7 suit in inhibiting the achievement of the objectives of these regulations, or (2) Where it can be shown that strict compliance with Article III would result in poor subdivision design or could result in the substantial degradation of natural features. Any action to vary, modify, or waive a requirement must as. sure that the public interest is secured and that such variance, modification, or waiver will not have the effect of nullifying the intent or purposes of this chapter. (b) Reduction of pavement width. requirements. In the case of subdivisions, which include. cull -de -sac or 'loop" streets (less than njne hundred (900) feet in length), the required pavement width for such streets may be reduced from twenty-eight (28) feet back-to-back of curb to twenty- two (22) feet back-to-back of curb if provision is made for storage of at least five (5) automobiles on each lot as pro- vided in section 8.10.25 of the zoning ordinance. These addi- tional parking spaces may be located in the front yard. A driveway may be used to fulfill the additional parking re- quirements only if it is double width and served by a double width curb entrance. These parking spaces shall be shown on the building plans for each lot in the subdivision and shall be necessary for the approval of a building permit. Such parking spaces shall be constructed at the time of the house construc- tion. In lieu of the provision of the five (5) parking spaces mentioned above on each individual lot, a "community" or neighborhood parking lot may be provided to serve a group of residences. The same number of parking spaces shall be provided in such lots as would have been required of the resi- dences so served. Such parking shall be located no more than two hundred (200) feet from any residences served. Where such parking lots are used, adequate provisions for their main- tenance and preservation as parking lots must be provided. Where such exception to pavement width is desired, the method of providing the above required off-street storage of automo- biles shall be indicated on the preliminary rind final subdivi- sion plans and shall be a requirement for final approval. These off-street parking areas, either on each individual parcel or Supp. No. 37 2201 /S37 9 ■. . I , . 4327 IOWA CITY CODE community parking lots, shall be designed so that they are functional and compatible with the overall development of the area. They shall be surfaced in accordance with standards he the city engineer's office. Upon approval of the final plat and of n subdivision containing twenty-two (22) feet residential j streets, parking on both sides of such streets shall be pro- hibited and appropriate signs designating same shall be posted by the city. (c) Unusual plats. This chapter shall not preclude the ap- proval of "cluster" type subdivisions or subdivision designs of an unusual type, if, in the opinion of the planning and zon- log commission, the general and aesthetic merit, the preser- vation of natural or topographic features, and the prospective enhancement of the community would warrant the waiving of technical requirements as set forth in article III of this chap- ter. (d) Council action. In all cases, of a variance, modification, or a waiver of the general requirements, it will be necessary to have the city council approve the same and note this fact in the resolution approving the plat and subdivision. The council may also modify, vary or waive the general requirements on its motion for good reason shown, even if the planning commis- sion refused to do so. (Code 1066, § 3,60.6) Sec. 328. Selling before approval; penally; suits by mu- nicipalities. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons, as owner or agent, to agree to transfer or sell, or to transfer or sell, any land which forms a part of a subdivision for which city council approval is required pursuant to the require- ments described in this chapter, before final subdivision approval has been granted. Each lot disposition so made shall be deemed a separate violation. In addition to the foregoing, the appropriate authorities of the city may institute injunction, mandamus or other appropriate action or proceeding to prevent any pending sale or transfer, or to prevent any further sale or transfer in violation of this chapter. (Ord. No. 83.3104, § 2B, 2.16.83) Supp, No. 37 2202 1 A SUBDIVISION REGULATIONS 13227 —" Secs. 32-9-32-18. Reserved. ARTICLE 1I. PLATS DIVISION 1. GENERALLY Secs. 32.19-32.25. Reserved. DIVISION 2. PRELIMINARY Sec. 32.26. Submission required; waiver. (a) Whenever the owner of any tract or parcel of land within the corporate limits of the city or within two (2) miles thereof i wishcc to make a subdivision of the same, he shall submit to the clerk fourteen (14) copies of a preliminary plat for approval. (b) The council may waive submission of the preliminary plat if the final plat includes those requirements of the preliminary plat as may be deemed appropriate by the council under the circumstances. (Code 1966, 4 9.50.4A; Ord. No. 74.2732, 3 II, 9.10.74; Ord. No. 88.3381, 5 l(3), 6-14-88) Sec. 32-27. Accompanying information. The preliminary plats required to be submitted by section 32.26 shall be accompanied by the following information: Supp. No. 37 2202.1 /597 SUBDIVISION REGULATIONS § 32.62 with the requirements of this chapter. The cost of such inspec- tion shall be borne by the subdivider and shall be the actual coat of the inspection of the city. (Code 1966, § 9.60.6H; Ord. No. 2667) Sec. 32-62. Off-site costs for out -of -sequence development. (a) At the time the preliminary subdivision plat or prelimi. nary large scale development plan for an out -of -sequence devel. opment is approved, the resolution of approval shall specify that the development is oufof-sequence, and that off-site costs are recoverable by the developer. (b) Offsite improvements shall be designed and constructed according to plans and specifications approved by the city engi- neer, and shall be of sufficient size and capacity to serve the full area which is capable of being served by the type of improvement so that the city will not be required to construct parallel or duplicate facilities. (c) Recoverable off-site costs shall include the cost of engineer. ing, preliminary reports, property valuations, estimates, plans, specifications, notices, legal services, acquisition of land, cone. quential damages or costs, easements, rights-of-way, construe• tion, repair, supervision, inspection, testing, and interest during construction and for not more than six (6) months thereafter. (d) The amount of off-site costs to be recovered shall be deter. mined as follows: As part of the application for final subdivision plat or large scale development plan approval, the developer shall submit a proposed estimate of off-site costs for approval by the city engineer, together with a nonrefundable review fee equal to three (3) per cent of the proposed estimate. The city engineer shall approve the proposed estimate only if the engineer finds that, at the time of approval, the estimate is consistent with the cost obtainable within Iowa City for improvements of the type proposed. Offsite costs shall be recoverable only to the extent of actual costs or estimated costs, whichever is lesser. (e) At the time an offsite public improvement is accepted by the city for public maintenance, based upon information furnished by the developer, the city engineer shall certify to the city council the amount of recoverable off-site costs, and the total land area Supp. No. 37 2217 N I 4 3262 IOWA CITY CODE and/or lineal footage outside of the developer's site which is ex. pected to be served by the off-site improvement. (f) Thereafter, the city council shall, by ordinance, adopt a schedule of fees to be paid for connection to the off-site improvements. (1) The fee for each off-site improvement shall be pro -rata, based upon recoverable of --site costs, less the amount thereof relating to overwidth paving or oversized water mains or sewer lines, divided by the number of acres and/or lineal footage which will be served by the public improvement. (2) The ordinance shall also provide for reimbursement to developer from the cityfor the extra costs incurred for the following: Overwidih paving. The city's share shall be the actual cost per linear foot of paving wider than requiredby the city for local streets, and shall be considered a strip in the center of the pavement. Oversized water mains or sewer lines The city's share shall be the difference in cost between the pipe, main or conduit plus valves and valve boxes required by the city 'and pipe, main or conduit plus valves and valve boxes needed to service only the subdivision or planned develop. menta Reimbursement of the costs of overwidth paving, or over. sized water mains or sewer lines shall be made upon the earliest to occur of the following: a. The city's comprehensive plan is amended to show the developer's site is included in the areas available for development in the short range, or b. Development of the area or areas between the devel- oper's site and the platted streets nearest to such site has been substantially completed. For purposes hereof, development has been substantially completed when all of the land in the area has been platted and building permits have been issued for construction on at least ninety (90) per cent of the lots in such area. Supp. No. 37 2218 a SUBDIVISION REGULATIONS R 3262 (3) When the conditions for reimbursement have been met, - the city will reimburse developer for the costs described in paragraph (2). ff such reimbursement occurs within twenty-four (24) months atter either the comprehensive plan has been amended or intervening development has been substantially complet- ed, reimbursement shall be on a dollar -for -dollar basis, _. with no interest or carrying costs. Any amount unpaid at the end of the twenty -four-month period shall thereafter bear interest until paid at a rate equal to the rate the city is paying on the last general obligation bonds it issued prior to the interest commencement date. (4) The ordinance shall also contain a legal description of the entire area served by the off-site improvement, and the city clerk shall file a copy of the ordinance in the office of the Johnson County Recorder. (b) Because public improvements have a limited useful life, a _ developer's right to reimbursement, and the effectiveness of each specific connection ordinance shall expire twenty (20) years from the date of its passage. (g) At such time as any part of the off-site area served by an offsite improvement is subdivided by platting, or becomes sub. jectto a large scale development plan, the resolution approving the preliminary plat or plan shall set forth the amount of the connection fee or fees which shall be paid with respect to the subdivision or large scale development. (h) Connection fees shall be collected by the city prior to the time, and as a condition to approval of each final subdivision plat or large scale development plan described in subsection (g). Not- withstanding the foregoing, if a building permit is sought for any property included within the area served by an off-site improve- ment before a subdivision plat or largo scale development plan is required for such area, the appropriate fee shall be paid prior to issuance of the building permit. (i) The city shall remit to the developer monthly the amount of connection fees collected during the prior month. Supp. No. 37 2219 5 3262 IOWA CITY CODE 0) The reimbursement permitted in this section is in lieu of any and all other claims for reimbursement by developer. The developer, by making application for subdivision plat or large scale development plan approval, waives, all rights or claims against the city for reimbursement of off-site costs, or any costs or contributions incident to the development. (k) Off-site costs are not an obligation of the city nor a charge against its citizens or its taxing power. The city shall have no obligation with respect -to such costs except to remit to developer the fees it collects. (Ord. No. 88.3376, 4 1(B), 5-3-88) Supp. No. 37 vV�"c4 2220 [The neat pages 224 11 i 1537 I Chapter 32.1 TAXATION AND REVENUES* Art. I. In General, 14 32.1.1-32.1.20 Art. 11. Hotel and Motel Tax, if 32.1.21-32.130 Art. III. Partial Property Tax Exemption for Industrial Property, If 32.131-32.149 Art. IV. Schedulo of Fees, 44 32.140-32.1.99 Art. V. Municipal Bond Financing, i4 32.1.100-32.1.103 ARTICLE I. IN GENERAL Bees. 32.1-1-32.1-20. Reserved. ARTICLE Il. HOTEL AND MOTEL TAXI Sec. 32.1-21. Established. There is hereby imposed a hotel and motel tax at a rate of five (5) per cent upon the gross receipts from the renting of any and all rooms, apartments, or sleeping quarters, in any hotel, motel, -- inn, public lodging house, rooming house or tourist court, or in any place where sleeping accommodations are furnished to tran- sient guests for rent within the corporate limits of the city, all as defined, allowed, and provided for in Chapter 422A of the Code of Iowa, and subject to the limitations, restrictions, conditions, pro• visions and penalties contained therein. (Ord. No. 83.3100, 5 1, 1.483) 'Editor's note—Prior to January 4, 1983, the city's taxation ordinances, both general and special, were omitted from the Code and saved from repeal by 4 30) of the Adopting Ordinance (see p, x0. Section 2 of Ord, No. 87.3342, adopted Sept. 8, 1987, added the words "and Revenues" to the title of Ch. 32.1. Cross references—Financial procedures generally, 1 2.204 el seq,; licenses generally, Ch. 21. tEditor's note—Nonamendatory Ord. No. 833100, adopted Jan. 4, 1983, has been codified as Art. 11,1132.1.21 and 32.122, at the editor's discretion. Cross reference—Housing, Ch, 17. Supp. No. 37 2241 :1A 15J7 9 I 132.1.22 IOWA CITY CODE Sec. 32.1-22. Implementation. The city officers are hereby directed to take such procedural steps as are necessary to accomplish the imposition of the hotel and motel tax on April 1, 1983. (Ord. No. 83.3100, § 2, 1.4-83), Secs. 32.1-23-32.1.30. Reserved. ARTICLE III. PARTIAL PROPERTY TAX EXEMPTION FOR INDUSTRIAL PROPERTY Sec. 32.1.31. Established. There is hereby established a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate, research -service facili- tics, warehouses, distribution centers and the acquisition of or improvement to machinery and equipment assessed as real es Late pursuant to section 427A.1, subsection 1, paragraph e of the 1985 Code of Iowa. (Ord. No. 85-3222, § 1, 1-22.85; Ord. No,. 85.3261, § 2A, 11.19.85) Sec. 32.1.32. Definitions - For the purpose of this article the following definitions shall apply; ..:. (a) Actual value added- The actual value added as of the first year for which the exemption is received, except that ac.' tual value added by improvements to machinery and equip. ment means the actual value as determined by the asses- sor as of January 1 of each year for which the exemption is received. (b) New construction: New building and structures and new buildings and structures which are constructed as addi-: tions to existing buildings and structures. New construe - tion does not include reconstruction of an existing building or structure which does not constitute complete replace- ment of an existing building or structure or refitting of an existing building or structure, unless the reconstruction of Supp. No. 37 2242 /S'37 A TAXATION 4 32.1.55 m V d O O O oo? m m U I $ nNN N � m a � Y V o u Q o C u O O Y ! eo U a o W q m . b - O h.d W o a s a U Wu M' Gx U2 ��+ n �•S •� r'i c � 8 N "' Cir na L0 Supp. Na. 37 2247 A OF PRECEDING DOCUMENT sSec. 32.1.55. Fees or charges authorized in Chapter 15. 1 P Municipal Code 0 I Section j Authorizing Fee - Charge, Fine or Description of Fee, I Penalty Charge, Fine, or Penalty - Charge, 15.31 Fee for annual solid waste collection permit One dollar ($1.00) per collection vehicle per year 15-65(a) Residential solid waste collection fee Rates effective for bills on Sept. 1 Sept. 1 or after: 1988 1989 per dwelling unit, per month $5.25 _ $5.50 per two rooming units, per month $5.25 $5.50 15-65(b) Landfill use fee �- July 1 July 1 i Rates effective: 1988 1989 City fee $7.75 $8.00 \ State fee $1.50 $2.00 Total fee $9.25 $10.00 Minimum $1.25 $1.35 `G,1 Municipal Code 19 Section o Authorizing pee i. Charge Fine or Description of Fee, Penalty Charge Fine. or Penalty . ........ _.Ch 16.66 Deposit fee, combined, for city water and/or Residential acco ....... sewer. unt: arge $50.00Per combined residential service for city water and/or sewer and/or solid (Ord. No. 87-3342, § 1, 9.8-87; Ord. No. 88-3380, § 1, 5-17-88) waste collection service. Secs: 92.1.50-32.1.62. Reserved. Sec. 32.1-63. Fees or charges authorized in Chapter 23. 00 Municipal Code Section Authorizing Fee Charge Fine or Description of Fee, Penalty Charge, Fine, or Penalty Charge 23-249 Fee for contractor reservation or meter space (meter hood) $ 4.00/day Show -up fee charged by tow truck operator 23.274 Parking meter fees: $ 20.00/day Central business district on -street meter Central business district lot meter $ 0.40/hour. $ 0.40/bour 0 0 0 tv a Municipal Code p Section Z Authorizing Fee It Charge, Fine or Description o(Fee, i Penalty Charge, Fine, or Penalty Charge Peripheral on -street meter (outside central - -� business district) Peripheral lot meter (outside central busi- $ 0.34 hour ness district) Meter hood/contractor $ 0.30/hour 23.277 Fees forg n cit arkin ig p y parkin iota and $ 4.00/day N structures: Municipal parking lot (adjacent to Ramp B) Monthly all -day permits $ 40.00/month x all -da Monthly y permits (annual advance payment) $456.00/year Monthly off -hours permits (after 5:00 p.m., Monday through Friday, all day Saturday j and Sunday)- $ 29.00/month Lot permits, all other municipal lots $ 30.00/month Monthly all -day permits $ 30.00/month Monthly all -day permits (annual advance payment) $342.00/year City employee lot permits $ 16.00/month 0 Municipal Code F Section o Authorizing Fee ^' Charge Fine or Description of Fee, Penally i Charge, Fine, or Penalty - Parking Ramps A and B: Charge Hourly parker Monthly all -day permits $ 0.40/hour Monthly off -hours permits $ 40.00/month $ 29.00/month The above hourly parking rates for parking ramps willapply to both parking ramps, p with the exception of cars existing when a cashier is not on duty; a flat rate of $0.75 N shall apply and be deposited at the exit gate, c Reissue of lostlatolen permits $ 2.00/each reissue 23.279 Penalties f or parking violations: W Expired metering $ :3.00 .- m Expired meter Prohibited zone. $ 3.00.. $ 5.00 Illegal parking—handicapped parking space $ 15.00 Monthly all -day permits (annual advance payment) $456.00/year One-hour restricted zone—Civic Center lot All other illegal parking violations this chapter $ 3.00 (Ofd. No: 87-3342, § 1, 9.8.87; Ord. No, 88.3380, § 2, 5.17.88; Ord. No. 88.3382, § 1, 6014.88) Sec. 32.1.64. Reserved. I N Sec. 32.165. Fees or charges authorized in Chapter 25. j Municipal Code p Section o Authorizing Fee '. N Charge, Fine or Description of Feg Penalty Charge, Fine, or Penalty 26.37 Fees for reservation or rental of facilities or equipment: 1. Garden plots - 2. Social hall to 3. Meeting rooms to 4. Craft room 6. Pool 6. Gym 7. Coin-operated lockers Charge $ 8.00/season $25.00/season $ 5.00/season $ 5.00/season - $25.00/hour (2 -hr. min.) o $25.00 first 2 hours, plus $7.50 per hour x thereafter $ 0.10 to $0.50 daily, $2.00 monthly, $10.00 for 6 months B. Farmer's Market stall reservation: Single market $ 6.00 Season (reservation) $, 4.60/market day Season (Saturdays only) Season (Wednesdays and Saturdays) All prices include $1.00 per market advertising fee w Charge, Fine or Description of Feg Penalty Charge, Fine, or Penalty ` 10. Park shelter reservation: Shelter City Park: N1 a2 M3 96 911 (entire shelter) 911 (large section) 911 (small section) 912 913 (enclosed) 914 916 916 917 Other parks: Brookland N• N CJI Charge i Fee* (5 hrs. or less) $ 7.00 > 16.00 i 16.00 7.00 O 26.00 ° u 16 00 10.00 7.00 20.00 7.00 7.00 16.00 7.00 6.00 om Municipal Code r p Section I o Authorizing Fee Charge, Fine or Penalty Description of Fee, Charge, Fine, or Penalty Shelter . Court Hill dl Court Hill N2 Court Hill N3 Court Hill N4 Crandic Creekside Happy Hollow -' Hickory Hill, North Hickory Hill, South Mercer . North Market Square Oak Grove Pheasant Hill Reno Street Sturgis Ferry Nl Sturgis Ferry N2 Terrill Mill l Cs I' f u om Municipal Code r p Section I o Authorizing Fee Charge, Fine or Penalty Description of Fee, Charge, Fine, or Penalty Shelter . Court Hill dl Court Hill N2 Court Hill N3 Court Hill N4 Crandic Creekside Happy Hollow -' Hickory Hill, North Hickory Hill, South Mercer . North Market Square Oak Grove Pheasant Hill Reno Street Sturgis Ferry Nl Sturgis Ferry N2 Terrill Mill l I' u q Charge Fee' (5 hrs. or less) $ 5.00 5.00 5.00 5.00 7.00 7.00 10.00 °x 12.001 10.00 12.00 5.00 4.00 4.00 4.00 4.00 a 4.00 N 5.00. ..I. A. i Municipal Code 'e Section z Authorizing Fee 66 Charge Fine or Penalty I I � Description of Fee, 3 II Charge, Fine, or Penalty - Charge f •. . Fee* Municipal Code 'e Section z Authorizing Fee 66 Charge Fine or Penalty I I I � Description of Fee, II Charge, Fine, or Penalty - Charge . Fee* Sheller (5 hrs, or less) Villa $ 4.00 Wetherby 10.00 Willow Creek 12.00 S *Far reservations more than 6 hours, fee will be double. Shelters may be used a free of charge without reservations, if available. Users may also be charged an additional amount to cover employee wages, inclu• ding overtime, for supervision or clean-up of the facility. o Fees for use of recreational facilities: - ro 1. Racquetball court $ 2.60/hour 2. Swimming pools Daily Admissions Youth Adult (3-15 yra.) (16 yrs. +) All city pools $ 0.76 $ 1.60 20 punch swim card (20 admissions) $12.76 $16.00 Children under 3 years of age are admitted free. I Summer I Charge, Fine or Description of Fee, $75.00 • Penalty Charge, Fine, or Penalty Charge . 30.00 Swim Passes* Annual Family $135.00 15.00 (maximum of four people) 7.50 Adult 80.00 ':- Youth 56A0 ' N Lap 110.00 N Additional family members: First additional 27.50 Second and each additional 13.75 Prorated fees are available at certain times during the fiscal *Nonresidents of Iowa City, add 50 per cent. year. (Ord. No. 87.3342, § 1, 9.8.87; Ord. No. 88.3371, § 1, 4-5.88) Secs. 32.188-32.189. Reserved. I Summer 1 $75.00 45.00 30.00 55.00 15.00 °x 7.50 N I. i+ t I t i a N � S o � 1 rt• 'I $ 0.50 $ 0.40 Sec. 32.1-00. Fees and charges authorized in Chapter 30. $ 0.50 x Municipal Cade $18.00 a j Section I Authorizing Fee n 0 Charge Fine or Description ojFee Penalty Charge Fine, or Penalty 30.7 Standard fare, general public School field trip Saturday fare, general public Monthly pass, general public N t i a N � S o � 1 Charge 'I $ 0.50 $ 0.40 $ 0.50 $18.00 a j I O n 0 M 'i t T Municipal Code Section _ a Authorizing Fee - - V Charge Fine or Description o(Fee, Penalty - Charge Fine, or Penalty 33-165 .Fee for direct purchase of water - - .Charge t $ 4.00, per 1,000 gallons or fraction 33-167 Fee for delinquent water service account thereof .,.; ..,..... $ 3.00 for each water service - account not paid within 30 days of the billing 33.169(a) Deposit fee, combined, for city water and/or N date 50.00 p sewer and/or solid waste collection service m vice for city water and/or sew and/or y I t solid waste collection service, an amount equal to the two-month billing for com. °x 33.169(6) Fees and charges for various consumer mercial service ser. vices Tap fees: ; Size Tap Corps - Curbs Boxes � %" $13.60 $11.05 1" 17.40 $20.10 $27.76 17.45 1Y." 22.90 33.20 34.00 27.76 55.30 ' 1%" 28,00 45.95 V 31,50 38.80 73.70 38.80 a N 74.40 110.00 38.80 w Municipal Code a Section N o Authorizing Fee - �Charge,Fineor Description of Fee, Penalty Charge, Fine, -or Penalty : Charge N 1% inch, 1'A inch and 2 inch will require saddles which are to be charged at the city's purchase price cost. Installation and connection fees: Size (inches) Cost per linear foot - - . E I - 6 $13.20 8 17.10 o I 10 21.80 12 27.00 16 35.80 Fee Fee (c) Service Fees `During Normal-A/terNormal Service Working Hours Working Hours a. Connection fee for $11.00 $30.00 1. Installing new meter 2. Resetting meter _ I` Municipal Code a Section N o Authorizing Fee - �Charge,Fineor Description of Fee, Penalty Charge, Fine, -or Penalty : Charge N 1% inch, 1'A inch and 2 inch will require saddles which are to be charged at the city's purchase price cost. Installation and connection fees: Size (inches) Cost per linear foot - - . E I - 6 $13.20 8 17.10 o I 10 21.80 12 27.00 16 35.80 Fee Fee (c) Service Fees `During Normal-A/terNormal Service Working Hours Working Hours a. Connection fee for $11.00 $30.00 1. Installing new meter 2. Resetting meter _ Municipal Code a Section Z Authorizing Fee u Charge, Fine or Penalty I v ' Description ofFeg - Charge Fine or Penalty Fee During Normal Service Working Hours b. Carding fee for shut-off $11.00 Fee in collection procedure .. c. Check leaky meters and No charge Working Hours ., meter connections d. Frozen meters $11.00 + cost H No charge of meter repair e. Shut-off service at curb No charge x and check for leaks f. Broken hydrant $11.00 + repair cost g. Location of writer mains No charge for other utilities cost . . Charge Fee ... .. After Normal Working Hours ., $30.00 H No charge $30.00 + cost x of meter repair $30.00 + hourly rate for time over 2 hours i $30.00 + repair cost No charge N jr Y I ' i I �•fr Municipal Code 'v Section x Authorizing Fee jCharge, Fine or Description of Fee, Penalty ,. Charge, Fine, or Penalty .. Charge - - Fee Fee. During Normal A/ler.Normal Service -- - - Working Hours WorkIng 'Hours - h. Location of water main No charge $30.00 + hourly for private enterprise rate fdi'time over -2 8 ho i. Meter accuracy check at $30.00 Not done after customer's request normal working o ' j. Miscellaneous services No charge hours $30.00 + hourly ,. . for. other governmental tjm rate fortime over agencies . 2 hours If service is requested outside normal working hours, a $30.00 eller-hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime, The water service division's normal working hours are 8:00 a.m, to 4:30 p.m. daily. (Ord. No. 87.3342, § 1, 9.8.87; Ord. No. 88-3371 § 2 4.6.8 W \ TAXATION C 92.1.103 Secs. 32.1-74-32.1.99. Reserved. ARTICLE V. MUNICIPAL BOND FINANCING Sec. 32.1-100. Lost or stolen bonds; claim for payment; proof of ownership; indemnity bond. In the event of claim made for payment of the principal of or interest on bonds issued by the city, the director of finance shall be provided with satisfactory evidence of proof of ownership and of loss of said bonds or coupons and shall require the filing with the director of finance of a satisfactory indemnity bond of a surety acceptable to the director of finance, indemnifying the city in the event any or all of the original bonds or coupons are inadvertently paid or presented for payment by a bona fide holder in due course. (Ord. No. 88-3384, § 1, 6.28.88) Sec. 32.1-101. Duplicate bonds—Issuance; city reimbursed for actual expenses.. Upon receipt of such proof of ownership, loss, and indemnity bond, the controller is authorized to proceed with the printing of duplicate bonds or coupons and shall charge for the issuance of the duplicate bonds and coupons any amount sufficient to reim- burse the city for the actual expense incurred by it in connection with the issuance thereof. The city officials designated are au. thorized to execute the duplicate bonds and coupons in the same manner as provided with respect to the original bonds. (Ord. No. 88-3384, § 1, 6.28.88) Sec. 32.1.102. Same—Substitute for original issue bonds. Duplicate bonds and coupons of like tenor, amount, date and maturity shall be deemed to be issued in lieu of and in substitu- tion for each of the bonds or coupons so numbered of the original issue and shall be so noted on the books of the city kept for that purpose. (Ord. No. 88.3384, § 1, 6.28.88) Sec. 32.1.103. Inadvertent payment of original bonds; en. forcement of indemnity bond. In the event any or all of the original bonds or coupons shall be inadvertently or for any reason paid by the city or presented for Supp. No. 37 2265 I 9 ZONING 1964 -' (5.1) Cliniq small animal• An establishment where the pre- vention and treatment of diseases and injuries in small domestic animals is carried out by a licensed veteri- narian.For the purposes of this chapter, this defini- tion does not include a kennel. (6)' Club: A meeting place of an association with restricted .access to the general public controlled by its members, and in which property is actually owned, leased or held in common for the benefit of its members. For the purposes of this chapter, this definition does not in- clude a fraternity or sorority house. (7) Commercial recreational uses: Facilities which are used primarily for physical exercise, or culture and which include but are not limited to campgrounds, courts, gyms, swimming pools, locker and training rooms, tar- get or shooting ranges, amusement arcades, and bil- liard halls. Such facilities do not include message par- lors and establishments which feature nude dancing. (8) Commission: The planning and zoning commission of Iowa City, Iowa, as created by Chapter 414 of the Code of Iowa and the City Code of Ordinances. (9) Confinement feeding operations: One or more roofed or partially roofed animal enclosures, designed to con- tain liquid or semiliquid animal wastes, and in which the maximum number of animals confined at one time exceeds fifty (50) beef cattle, forty (40) dairy cattle, two hundred fifty, (250) swine over forty (40) pounds, one thousand eight hundred (1800) swine forty (40) pounds or less, six hundred (600) sheep, three thousand (3,000) turkeys, fifteen thousand (15,000) broiler chickens or nine thousand (9,000) layer chickens. (10) Conversion: Any change of one principal use to an- other principal use. (11) Council, The city council of Iowa City, Iowa. (12) Court: A space, open and unobstructed to the sky, located at grade on a lot and bounded on three (3) or more sides by walls. (d) (1) Deck A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground. Supp. No, 37 2486 9 I 136-4 IOWA CITY CODE �\ (2) Density, gross. The number of dwelling units per unit area of land (usally expressed as dwelling unite per acre). (3) Development Any man-made change to improved or unimproved property including but not limited to build. ings, mining, dredging, filling, grading, Paving, exca- vation or drilling operations. (4) Developmentally disabled- Any person who has a dis. ability attributable to but not limited to mental retar. dation, cerebral palsy, epilepsy, autism or another aim. ilar neurological condition; dyslexia resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age eighteen (18), and which constitutes a substantial im. Pairment expected to be long -continued and of indefi. nite duration. (6) Discontinuance Whenever a nonconforming use is allies. doned, ceased, or terminated. (6) Downzoning. A change in the zoning classification of land to classification Permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial or industrial to residential. J . (7) Drive/driveway: An asphalt, concrete or similar per. manent dustfree surface designed to provide vehicular access to a parking area. (8) Dwelling- A building which is wholly or partially used or intended to be used for residential occupancy. (9) Dwelling, duplex A dwelling containing two (2) dwell. ing units. , (10) Dwelling, farm: A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located. (11) Dwelling, founplex A multifamily dwelling contain. ing four (4) dwelling unit, i (12) Dwelling, high-rise multifamily.• A multifamily dwell. ing consisting of three (3) or more stories of dwelling unite with a total of four (4) or more stories located entirely above grade, j Supp, No. 37 2486 /5037 A ZONING 4 364 (13) Dwelling, low-rise A multifamily dwelling which is ! thirty-five (35) feet or lees in building height. l Supp No. 37 2486.1 I ISW /S3 0 ZONING §364 .. (7.1) Fitness centers and health spas Facilities used primarily for physical exercise and wellness programs and which include but are not limited to gymnasiums, aerobics studios, weightlifting centers, racquetball courts, tennis courts, and jogging trails. (8) Floor area: The total area of all floors of a building or portion thereof measured to the outside surface of ex- terior walls or the center line of walls to attached buildings or uses. It does not include garages, porches, balconies, and other appurtenances. Space in the base- ment or cellar and all other apace shall be included as floor area if used for a principal or accessory use per- mitted in the zone in which the building is located. (9) Floor area ratio (FAIT): The numerical value obtained by dividing the floor area within a building or build- ings on a lot by the area of such lot. (10) Fraternitylsorority house A building used as a resi- dence by a chapter of a fraternal or sororal nonprofit organization recognized by the University of Iowa. For purposes of this chapter, this definition does not in- clude a rooming house. (11) Frontage The distance along a street line (right-of- way line) from one intersecting street to another, or from one intersecting street to the end of a dead-end street or the end of a cul-de-sac. (g) (1) Garage, commercial• Any building or premises used for equipping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels and supplies may be sold. - (2) Garage, private- An accessory building which is under the control and use of the occupants of the main building. (8) Grade- The top surface elevation of lawns, walks, drives, or other improved surfaces after completion of con- struction or grading and landscaping. For the purposes of determining height of a building, the grade is the average level at the perimeter of the exterior walls of a building. (4) Ground area: The area of a building within its largest outside dimensions computed on a horizontal plane at Supp. No. 37 2489 /S3 0 4 364 IOWA CITY CODE the first floor level, exclusive of open porches, breeze- ways, terraces, and exterior stairways. (6) Ground floor/first floor. The lowermost floor of a build- ing having its floor -to -ceiling height at or above the grade. (6) Group care facility. A government -licensed or -approved facility which provides resident services in a dwelling to more than eight (8) individuals not including resi- dent staff, but not exceeding thirty (30) individuals. These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult su- pervision; and are provided services in accordance with their individual needs. Group care facilities shall not include nursing homes. (7) Guesk An individual who shares a dwelling in a non- permanent status for not more than thirty (30) days. (h) (1) Handicapped A person certified by a medical doctor as having a physical or mental impairment which is expected to be of long -continued and indefinite dura- tion, which substantially impedes the ability to live independently and is of a nature that the ability to live independently could be improved by more suit- able housing condition. (1.1) Hedge A boundary formed of a row of closely planted shrubs or bushes. (2) Home occupation.' An accessory use consisting of an occupation or profession carried on by a person resid- ing on the premises, (3) Hospital' An institution providing health services for human in-patient medical care for the sick or igjured and including related facilities such as laboratories, out-patient facilities, emergency medical services, and staff offices which are an integral part of the facility. (4) Hefei- A residential building licensed by the state and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms (see "hotel, apartment"). Supp, No. 37 2490 107 ZONING 4 364 (9) Roomer: An occupant of a rooming house or rooming unit who is not a member of the family of the rooming house operator. A roomer shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. (10) Rooming house: Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to four (4) or more roomers. (11) Rooming unit, Any habitable room or group of adjoin. ing habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping, but not fof cooking. A rooming unit shall have bath and toilet facilities available for the exclusive use of the occupant(s) or for communal use and, in addition, the occupants may have access to a communal kitchen and/or dining room. (s) (1) School—Generalizedprivateinstruction: Aprivate school which includes any of the following: Elementary apd secondary schools below university grade (ordinarily grades 1 through 12), including denominational and sectarian; kindergartens and military academies are also included. Colleges, universities, and professional schools granting academicdegrees and requiring for admission at least a high school diploma or equivalent general academic training. Junior colleges and tech- nical institutes requiring for admiss-ion at least a high school diploma or equivalent general academic train- ing and granting associate academic degrees, certifi- cates or diplomas. (2) School—Specialised private instruction: A private school which includes any of the following: Establishments primarily engaged in offering data processing courses in programming, and in computer and peripheral equip- ment operation, including keypunch operation. Estab- lishments primarily engaged in offering courses in business machines operation (except data processing), office procedures, and secretarial and stenographic skills. Supp. No. 37 2497 /S-37 Y 4 364 IOWA CITY CODE I Establishments primarily engaged in offering special. -. ized trade or commercial courses, not elsewhere classi. fed, but not academic training. Specialized nondegree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schoola, and civil service and other short-term examination preparatory schools. Establishments primarily engaged in operat. ing dance studios and schools. (3) Separate tract* An abutting group of lots which are developed for a use or uses which share common facili. ties, e.g., off-street parking, loading and driveways. A separate tract shall be considered as a single lot in the application of the requirements of this chapter. (4) Setback line: The line beyond which the wall of a building or structure shall not, project. (5) Special exception: A principal or accessory use or a modification in yards or parking and slacking spaces which is allowable when the provisions of section 36.91(gX2) are met and when the facts and conditions specified elsewhere in this chapter, as those upon which the exception is permitted, are found to exist by the board of adjustment. \ (6) Stacking space An asphalt, concrete or similar per- manent dustfrec surface which is designed to accom. modate a motor vehicle waiting for entry to an auto. . oriented use, which is located in such a way that a parking space or access to a parking space is not ob. structed, and which is at least nine (9) feet in width and nineteen (19) feet in length. (7) Story: The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and the ceiling above. (8) Street, The entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic. Supp. No. 37 2498 ' ;. IS3 7 9 ZONING 4364 (4) Vehicle, storage of A vehicle or portion thereof which is parked in the. same position for a period of forty- eight (48) hours or more. (w) Reserved (x) ' Reserved (y) (1) Yard- A required area on a lot unoccupied bystruc- tures above grade except for projections and the spa- ' ci6Eminor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward. (2) Yard front: The required area across a lot between the front yard line and the street (right-of-way line). (3) Yard rear- The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line. (4) Yard, side: The required area from the front yard line to the rear yard line and from the side yard line to the side lot line. (0) Yard line, front: A line from one aide lot line to an. other side lot line, parallel to the street, and as far back from the street as required in this chapter for the front yard. - (6) Yard line, rear., A line parallel to the rear lot line as far forward from the rear lot line as required by this chapter (see "lot line, rear"). (7) Yard line, side.* A line parallel to the side lot line and as far from the side lot line as required by this chapter. (z) (1) Zone• A portion of the city delineated on the zoning map in which requirements and development stand- ards for the use of land and buildings within, above or below the zone are prescribed in this chapter. (2) Zoning code interpretation panek A staff panel desig. nated by the city manager to interpret the provisions of the zoning ordinance in such a way as to carry out its intent and purpose. (3) Zoning map., The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. Supp. No. 37 2501 9 § 36.6 IOWA CrrY CODE (Ord. No. 85.3252, § 1, 9.10.85; Ord. No. 86-3301, § 1, 11.4-86; Ord. No. 86.3303, 6 1, 11.18-86; Ord. No. 87.3321, § 1, 6.2-87; Ord. No. 87.3349, § 1(1)—(4), 12.1.87; Ord. No. 88-3366, § 1(5), 2-23-88; Ord. No. 88-3383, § IA, 6.28.88) Cross references—]own River corridor overlay zone definitions, 13645; sign regulation definitions, § 3681. ARTICLE IL PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES Sec. 365. Interim development zone (ID). (a) Intent This zone is intended to provide for areas of man. aged growth in which agricultural and other nonurban uses of land may continue, until such time as the city is able to provide municipal services and urban development can take place. Upon provision of municipal services, the city will and the property owner may initiate rezoning of property to uses consistent with the comprehensive plan. ID designations on the zoning map shall be reevaluated with each revision of the comprehensive plan. ID designations shall consist of ID -RS (single-family residential), ID -RM (multifamily residential), ID -ORP (office research park), and ID-RDP (research development park) to reflect the intended use of the property in the future. (b) Permitted uses. (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations. (c) Provisional uses. (1) Clubs subject to the requirements of section 36.56. (2) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (3) Livestock feedlots, except confinement feeding operations, pr6vided they are located not closer than one-fourth ('/4) mile to any R zone boundary. Supp. No. 37 2502 /537 9 ZONING 4 36-15 -- (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. Sec. 36.15. High-rise multifamily residential zone (RM -146). (a) Intent It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential envi- ronment. It is intended that this zone provide an efficient ar- rangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed to providing a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single- and two-family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multifamily dwellings. (e) Provisional uses. (1) Elderly housing subject to the requirements of section 36.56. (2) Low-rise multifamily dwellings provided they are devel- oped in accordance with the dimensional requirements of the RM44 zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 zone provided they are located on the ground level or below in a high-rise multifamily dwelling. Supp. No. 37 2529 fn 7 b' 199-15 IOWA CITY CODE �. (d) Special exceptions. - (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (4) Public utilities.. (5) Religious institutions. (6) Restaurants. (7) Schools—Generalized private instruction. (6) . Transient housing. (e) Dimensional requirements. (1) ,Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: None. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 feet on a public street or an officially approved place. (5) Minimum yards: Front—For high-rise dwellings, 0 feet; 20 feet for all other uses. Side—For high-rise dwellings, 5 feet or 0 feet for the aide of a building having a wall without windows facing the aide yard; 5 feet for all other uses. Rear—Far high-rise dwellings, 5 feet or 0 feet for the side of a building having a wall without windows facing the rear yard; 20 feet for all other uses. (6) Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height—None. Building coverage—None. Floor area ratio—None. Supp. No. 37 '2530 A ��. ZONING 4 36.16 (f) General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building regulations: See section 36.67. c. Off-street parking requirements: See section 36-68. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36-60. i f. Fence regulations: See section 36-65. (2) General provisions: See Article IV, a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. , Nonconformities: See Division 4. (g) Special provisions. (1) Except along boundaries where adjacent zones permit build. ings higher than thirty-five (36) feet, no portion of any building in the RM -145 zone shall project through an imagi. nary plane leaning inward from thirty-five (35) feet above zone boundaries at an angle representing an increase of one foot of height for each foot of horizontal distance per- pendicular to the boundary. Where existing land in abut. ting zones is developed with open spaces at the boundary, such as street right-of-way, the open space may be included in meeting the horizontal distance requirement. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 88.3383, 4 113, 6.28.88) Sec. 36.16. Reserved. Supp. No. 37 2630.1 /537 6 536-17 IOWA CrrY CODE Sec. 36-17. Commercial office zone (CO.1). (a) Intent The commercial office zone (CO -1) is intended to provide specific areas where office functions, compatible busi- nesses, apartments and certain public and semipublic uses may be developed. The CO -1 zone can serve as a buffer between resi. dential and more intensive commercial or industrial areas. (b) Permitted uses (1) Clubs. (2) Copy services. (3) Florist shops. (4) Hospitals. (6) Meeting halls. (6) Nursing homes.. (7) Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers except for those ii Supp. No. .17 2630.2 i 1537 ZONING 4 3668 city -owned parking facility, the board shall substanti- ate that, with the addition of the number of cars for a use accommodated in the facility, the capacity of the parking facility will not be exceeded. (7) In assessing an application for a special exception, the board shall consider the desirability of the location of off-street parking and stacking spaces, aisles and drives, on a lot separate from the use served in terms of pedestrian and vehicular traffic safety and any'detri- mental effects such off-street parking and stacking spaces, aisles and drives may have on adjacent property. (e) Screening requirements. In addition to the applicable re- quirements for screening of section 36.760, the following screening requirements in connection with perking areas shall be met; (1) Where a parking area is provided on a lot within fifty (60) feet of an abutting lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within fifty (60) feet of the abut- ting lot shall be screened from view within the abut- ting lot or at such time as provided in section 36.760). (2) Where a parking area is provided qn a lot within one hundred (100) feet across the street from a lot with a residential use which requires four (4) or fewer park- ing spaces, the portion of the parking area within one hundred (100) feet shall be screened from view within the lot or at such time as provided in section 36.7Q). (3) The materials for screening and the placement shall comply with the regulations of section 36.76(i (4) The board of adjustment may grant a special excep- tion to modify the screening requirements when a park- ing area requires screening as provided in subpara- graphs (1) and (2) above, when neither the lot on which the parking area is located and the lot abutting or across the street aro zoned RS. The special exception shall be subject to all the requirements of section 301(g) and may only be granted when the applicant can demonstrate that modification of screening requirements would better serve the public interest than would strict compliance Supp. No. 37 2617 1537 9 I 136-58 IOWA CITY CODE with said requirements. Public interest may include but is not limited to reasons of public safety or aes• thetics. In no case shall a special exception be granted to modify the screening requirements for a lot abut• ting or across the street from a lot in an RS zone. (f) Off-street parking in the CB -10 zone: Except as otherwise provided, offstreet parking in the CB -10 zone shall be permitted only after approval of a special exception by the board of adjustment. The board shall consider the impact of the proposed parking upon surrounding uses in relation to the following requirements: (1) Screening, In addition to the applicable requirements for screening of subsection (e) herein, where a parking area abuts a street it shall be separated therefrom by a solid fence, wall, or evergreen hedge having a height -of not less than three(3) feet nor more than five (5) feet. (2) Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering or leay. ing the parking area shall be clearly visible to a pe. destrian on any sidewalks at a distance of not leas than ten(10) feet. (3) Signe. Appropriate signs, including stop signs posted at the exits to streets, shall be provided. (g) Special vehicle and malercraJt parking and storage (1) General provisions. a. Definitions. Special one half (7-%) feeE nin ndevice,ry height and more than twenty (20) feet in length, which is or may be transported or drawn upon a highway, street or body of water, including without limitation, any motor vehicle, truck, trailer, tractor, wagon, watercraft, or any combination there• of, exceeding these dimensions. Storage area A space, equal in size to the outer pe• rimeter of a special vehicle, used for storage of such vehicle. Supp, No, 37 2818 /S37 ZONING 13656 b. Except for the purpose of making local deliveries, no vehicle designed for the shipment of detonable or flam- mable solids, liquids or gases shall be parked or stored • on any lot in a R zone. c. Commercial vehicles more than seven and one-half j (7%) feet in height shall not be stored in any residen. tial zone. (2)" Requirement& In the RR -1, RS -5, RS -8 and RS -12 zones, special vehicle storage shall comply with the following requirements: a. No special vehicle may be stored in a front yard, ex- cept on a regularly constructed aisle for a period of no more than four (4) days for the purpose of loading and unloading. b. " A special vehicle may be stored inside any building provided it is not stored in a required parking space. c. A special vehicle stored outside a building shall: 1. Belong to the owner or tenant of the property on which the vehicle is located, except for special vehicles of guests, as provided in subsection 3. below; 2. Be in operational condition and properly licensed as required by state or federal law; 3. Not be used for dwelling purposes except by guests of the property owner or tenant for a period of no more than twenty-one (21) consecutive days or forty- five (45) days in any calender year (an extension may be approved by the city manager or his/her designee): 4. Not be used for storage of items other than those considered to be part of the unit; and 5. Not be parked or stored upon a vacant residential lot. d. A special vehicle may be stored outside a building in the required side yard (except along a street) or in a required rear yard, provided: 1. The vehicle is no closer than three (3) feet to a side lot line, or to a rear lot line of a reversed corner lot; 1 Supp. No. 37 2619 4 365E IONA CITY CODE I 2. The storage area is surfaced with crushed rock, '— asphalt, concrete, or a similar surface designed and maintained to prevent muddy conditions, ero• sion the flow, of water onto acUoining property, and weed growth. In cases where crushed rock is used, the perimeter of such storage area shall be defined by bricks, railroad ties, or similar materi. als; and 3. No more than thirty (30) per cent of a required rear yard may be occupied by accessory structures and a special vehicle storage area. e. The city manager or his/her designee may permit out. side storage of a special vehicle in the required front yard, or the required side yard along a street, provided: 1. Storage space is not available in or there is no access to either the side or rear yard. For purposes of this section (2) e., a corner lot shall always be deemed to have access to the rear yard; and accessory. structures and buildings less than one hundred and sixty (160) square feet in area, or vegetation which is transplantable, are not deemed to prevent access; 2. Inside storage is not possible because the size of the special. vehicle exceeds either the space avail. able or the size of the entrance available in any existing building, or both; 3. The special vehicle is parked perpendicular to the street; 4. A planting screen is planted and maintained in accordance with the fence and hedge requirements, section 36.66, and the performance requirements, section 36.760), 6. No part of the special vehicle extends beyond the property line or over public right-of-way, f. Nonconfirming,Storage Areae. j 1. A special vehicle owner or lessee may establish nonconforming status for a special vehicle storage area which, on the date of adoption of these regu. lations, is located in a required front yard, or the ' required side yard along a street, if it can be dem- Supp. No. 37 2620 0 ZONING 43658 onstrated that there is no access to either the side or rear yard. If access to either the side or rear yard is available, a nonconforming storage area shall be relocated to either the side yard or rear yard within two (2) years after passage of this regulation. 2. Nonconfirming status for a special vehicle storage area shall be established by submitting to the department of housing and inspection services by (twelve (12) months atter the date of adoption of these regulations) a plot plan showing the loca- tion, design and size of the storage area, and the surface material existing on the storage area. 3. Should any property be sold, conveyed-ortrans- ferred,'the special vehicle storage area shall there- after comply with the provision of this section. 4. After (twelve (12) months after the date of adop- tion of these regulations), nonconforming status of existing special vehicle storage areas may not be established. 6. A nonconforming special vehicle storage area which is not used for a period of one year, for any reason, intentional or otherwise, shall not thereafter be permitted for special vehicle storage unless the area is brought into full compliance with these regulations. (h) Parking for handicapped persona Where a use is required to provide accessibility for handicapped persons, at least two (2) per cent of the parking spaces shall be set aside and identified with signs for use by handicapped persons. The. spaces shall be a minimum of twelve (12) feet, six (6) inches wide and located with the most convenient access to the building. A -smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (f) Modification of parking requirements. Where it can be dem- onstrated that a specific use has such characteristics that the number of parking or staking spaces required is too restrictive, the board of adjustment may grant a special Supp. No. 37 2620.1 /J37 a ■ 13658 IOWA CITY CODE �\ exception to allow not more than a fifty (50) percent reduc- tion, and more for buildings placed on the National Regis. ter of Historic Places, in the required number of parking or stacking spaces. (Ord. No. 85.3260, § 2A, 11-19-85; Ord. No. 85.3266, § 2,12.17.85; Ord. No. 85.3267, § 2, 12.17.85; Ord. No. 86.3305, § 1, 12-16-86; Ord. No. 87.3319, § 1, 5.6-87; Ord. No. 88-3366; § 1(1)--(4), 2.23.88; Ord. No. 88.3374, § 1, 4.19-88) Gross referenc"topping, standing and parking, 123.22k at seq. Sec. 38.59. Off-street loading requirements. Except in the CB -10 zone, off-street loading spaces shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establishment, industrial or research labo- ratory, or similar use which requires the receipt or distri- bution of materials or merchandise by trucks or vans and which has a floor area of ten thousand (10,000) square feet or more, there shall be provided the minimum number of�-'" loading spaces as follows: Square Feet ofAggregale Minimum Required Number Gross Floor Area of Spaces 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 3 ' 80,000 to 120,000 4 120,000 to 160,000. 5 For each additional 80,000 1 additional (b) General rules applicable to off-street loading. Except as otherwise provided in this chapter, the same rules appli. cable to off-street parking, section 36.58(b), shall apply to off-street loading. - (c) Design requirements. (1) All loading spaces shall be constructed of asphalt, con. ' trete or similar permanent dustfree surface. ; Supp. No. 37 2620.2 IS37 9 `j Sec. 36.80. Sign regulations(—Generally.) (a) Intent. It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the communi- ty, to protect property values and to promote the preservation of Iowa City's areas of natural, historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a rea- sonable opportunity for all sign users to display signs for identifi- cation without interference from other signage, to provide for fair and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming signs. Supp. No. 37 2620.3 9 ZONING 43660 -� (2) Loading spaces shall be a minimum of ten (10) feet in width, twenty-five (25) feet in length, and twelve (12) ' feet in height, exclusive of aisles. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not less than twelve (12) feet in width, seventy-two (72) feet in length, and fourteen (14) feet in height. (3) All loading spaces shall be pitched and drained to prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage facilities. (d) Loading space location (1) Except in the CB -2 Zone, loading spaces shall be lo. cated so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2) In R and ORP zones and in the C and I zones within fifty (50) feet of an R or ORP zone, no loading space shall be located in the front yard. (3) Loading spaces may be provided within a side or rear yard but shall not be located closer than five (5) feet to a lot line. `j Sec. 36.80. Sign regulations(—Generally.) (a) Intent. It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the communi- ty, to protect property values and to promote the preservation of Iowa City's areas of natural, historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a rea- sonable opportunity for all sign users to display signs for identifi- cation without interference from other signage, to provide for fair and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming signs. Supp. No. 37 2620.3 9 I CODE COMPARATIVE TABLE 364(aXl.l) �-' (3),(4) Section Ord. No. Adpt. Date Section this Cadet, 2 23,274 3-5 23276-23378 6 23.279 - Rpld 23.255 87.3338 9. 8.87 1 25.37 87.3339 9. 8.87 1 Rpid 2.221-2.224 87.3340 9. 8.87 1 30.1-3030 87.3341 - 9. 8.87 1 3345 2-4 33.163-33165 6 33.167 6 33169 87.3342 9. 887 1 32.140, 2 Rpid 32.1.55, • 32.1-63, 12. 1.87 1,2 32.1.65, - 12. 187 1 32.1.70, 12. 1.87 ' 32.1.73 2 Ch. 32.1(title) 87.3346 11.10-07 2 24.160-24.162 I - 87.7349 12. 1.87- 1(1) ' 3O4(a)(2.1) ! ' 87.3350 87.3351 87.3352 87.3353 87.3354 87.3365 873356 87.3357 87.3358 Supp. No. 37 2969 /5137 E (2) 364(aXl.l) (3),(4) 364(hX1),(1.1) (6) 364c)(4) (6) 36.7(c)(3) (7) 368(cX6) (8) 3OI0(c)(4) (9) 36.11(c)(5) - (10) 36.12(c)(10) (11) 3613(c)(7), (12) 36-55(a.1) 11-17-87 1 8.101-8.112, 8.124-8127, 8.138-8.144, 8.146-8.154 12. 1.87 1 7.25 2 Rpid 7.36 3 747 12. 1.87 1,2 1-21.1-22 12. 187 1 9.1.7 12. 1.87 1.2 Rpld 25.3, 254 3 2450 12. 1.87 l 31.137 12.22.87 1 36.69(6) 12.2287 1 36.23(c)(4),(dX4.6) 122287 2 31.11 2969 /5137 E Supp. No. 37 2970 A07 IOWA CITY CODE �\ Ord. No. Adpt. Dote Section Section this Code 883359 1.1288 I 33.46 2 33-166 88.33632• 9,88 3 Rpld 33.167 88.3366 2.2388 31.124 l 36.68 2 3658(cX2)b • ' 3 36.58(Fig. 1) .. 4 3868(cX2)1- 88.33682.23.88 364(pX2) 88.3369 3. 8.88 1 9.1.2 � 3668(b.1) 88.3370 4. 5.88 1 Rpld 24.51 2 Rpld 54 Added 64 88.3371 4. 6.88 1 32.1.66 2 32.1-73 88.3374 4-1968 1 36-58(g) 88.3376 4.19.88 1 Rpld 9.14 Added 9.14 88.3376 5. 3.88 1 32.2 32.2 883380 5.17-88 2 1 32-62 32,1.65 2 32.163 88.3381 8.1468 1B 32.28 88.3382 6.14.88 1 32.1-63 88.3383 6.28.88 IA 364(d) (12), (gX3), (s)(7) IR 36.15(e)(2),(5) 88.3384 6.28.88 1 32.1.100-32.1-103 88.3385 6.28.88 1 17.1(6) 2 17.3(b)(3) 3 IMUXI) 4 17.3(c) 6 17.3(r) 6,7 174%t). (U) 8 174(0 9 174(h) 10 175(1X2) o., b. 11 1750X1) 12 175(1X5) 13 17.RnXl)n. 14 175(c) 16 17.7(0 16 17.7(l) 17 17.7(9) Supp. No. 37 2970 A07 ��• CODE COMPARATIVE TABLE Section Ord. No. Adpt. Date Section thin Coda 18 17.7(v) 19 17-7(y) 20 17.8(c) 21,22 1748(iKj) 2970.1 /637 CODE INDEX - ALARM SYSTEMS—Contd. Section Judicial review ..................................... 24.130 ' Penalties .......................................... 24.131 Permission to install alarm systema; standards ............ 24.127 Serviceofnotice..................................... 24.129 ALCOHOLIC BEVERAGES Airport restrictions regarding use, possession, etc.......... 448 Beer brand signs prohibited ........................... 5.3 Children. See hereinbelow; Minors Consumption a possession in public plate, municipal buildings. 54 Dances for minora in connection with business Generally ........................................ 5.7 Permit required ................................... 5.9 Revocation ..................................... 5.9 Dancing Prohibited sales and acts on premises .................. . 5.2.5.6 Disorderliness .....................:................ 2437 at seq. Disorderly persons, conduct and houses. See that title. Hours of business ..................................... 5.10, Intoxication ........................................ 5.3 . Aiipmt regulations ................................ 448 Iowa River regulations ............................... 24.78 et seq. Iowa River. See that title Licenses and permits Application for renewal ............................... 5.34 Applications ...................................... 5.22. Beer permits Classes ........................................ 5.19 Separate permit required for separate locations, etc..... 5.21 ' Bond required ...................................... 5.22 Council action .................................... 5.29 Dancing requirements........... ................... 5.6 jFees ............................................ 5.28 Refunds ........................................ 5.32 Forwarding of documents to state ..................... 5.29 Investigation of applicant ........................... 5.25 Liquor control licensee Classes ........................................ 5.20 Nature and mope .................................. 5.30 Outdoor service areae Application for permission to operate ................ 540 Approval required .. 4 ............................ 5.39 Exemptions ................................ 4.... 542 . Inspection of .................................... 543 ' Regulation of ............................... 4... 541 Suspension or revocation of permission to operate ...... 544 Supp. No. 37 2981 IOWA CITY CODE ALCOHOLIC BEVERAGES—Cont'd. Section Persons eligible................................... 6.23 Premises, requirements for .......................... 6.26 Proofoffinancial responsibility ....................... 5.27 Required......................................... 5.18 Seasonal licenses and permits........................ 6.33 Surrender, refund of fee, etc .......................... 6412 Suspension and revocation Appeal and hearing .............................. 6417 Effect ofrevocation ............................... 5.38 Generally,grounds ............................... 5.35 Specific terms ................................... 5.36 Term, duration.................................... 5413 Transferability an to location ......................... 5.31 Minora Persons under legal age ............................. 6.6 Prohibited sales and acts re.......................... 5.2 Municipal buildings Consumption or possession in ........................ 54 Nuisance previsions m unlawful manufacture or sale of in. toxicating liquor................................. 24-101(2) Open containers Carrying from licensed premises...................... 5-11- Possessing in public places .......................... 5-12 Outdoor service areas................................ 6.39 et seq. Licenses and permits, Seo within this title that subject Persona under legal age ............................... 5.5 Minora. See hereinabove that subject Premises Requirements for .................................. 5.26 Prohibited activities in parks, etc ....................... 251 Parks and recreation. See that title Prohibited sales and acts .............................. 5-2 Unlawful manufacture or sale of intoxicating liquor Nuisancoprovisiona................................ 24.101(2) ALTERED GOODS SALES Goingoutof-business and similar sales .:................ 21.31 of aeq. Coingaut- fbusineaa and similar sales. Sea that title AMENDMENTS TO CODE Generally.......................................... 1.7 AMERICAN TELEPHONE AND TELEGRAPH COMPANY Telephone franchise ....... I......................... 1452 et seq. Franchise. See that title , AMPLIFIERS Nolso regulations for sound-amplifying equipment ......... 24.4.0 Supp. No. 37 2982 CODE INDEX BOILERS AND FURNACES Section - - Mechanical code ..................................... 8.44 at seq. Mechanical code. See that title BONDS Broadband telecommunications franchise, bond requirement 14-05 at seq. Franchises. See that title Cityclerk .......................................... 2.76 Municipal bond financing Duplicate bonds - Issuance; city reimbursed feractual expenses .......... 32,1.101 Substitute fororiginal issue bonds ................... 32.1.102 Inadvertent payment of original bonds; enforcement of in. - I demnity bond ................................. Lost or stolen bonds; claim for payment; proofofownership; 32.1.103 indemnity bond ................................ 32.1.100 Ordinances saved from repeal, other provisions not included herein. Seo the preliminary pages and the adopting ordi. nance of this code BOUNDARIES . Zoning requirements .......................... ....... 36.1 at Beq. Toning. See that title ' BOWIE KNIVES Concealed weapons, carrying ............... I.......... 24.66 Firearms and weapons. See that title BRASS KNUCKLES Concealed weapons, carrying ................... I...... Firearms and weapons. Seo that title 24.66 BREASTS,FEMALE Indecent exposure and conduct ......................... 24.114 BRIDGES Lown River regulations ............................... 24.78 et seq. Iowa River. See that title Parking in specified places prohibited ................... 23.236 at seq. Traffic. Seo that title BRIDLE PATHS Prohibited activities in parks, etc ....................... 26.1 Parks and recreation, See that title i BROADBAND TELECOMMUNICATIONS Franchise .......................................... 14.60 of seq. Franchises. Sea that Lille BRUSH. See: Weeds and Brush Supp, No, 37 2989 -37 I IOWA CITY CODE BUDGET Section .._. Boards and commissions .............................. 2.103 Ordinance saved from repeal, other previsions not included herein. See the preliminary pages and the adopting ordi• nance of this code BUILDING CODE Adopted ........................................... .......................... ... 8.18 ' Amendments....................................... 8.17 Conflicting provisions ................................ 818 - Dangerous buildingeode adoption and amendments........ 831 at seq. j Electrical code Adopted, amendments etc ........................... 8.104 at seq. Electrical code. See that title Fire zones .......................................... 8.19 - Housing regulations ................................. 171 et seq. Housing. See that title Large scale developments ............................. 27.29 at seq. Planning. See that title Mechanical code ..................................... 844 at seq. Mechanical code. See that title Minimum requirements .............................. 818 Plumbing code ...................................... ' Plumbing code. See that title 8.181 at seq. (/1 BUILDING NUMBERING. See: House Numbering ` BUILDING OFFICIAL Amendments to bulldingeodo .......................... 817 BUILDING PERMITS Certificate ofalructuro compliance ...................... 174(b)at seq. Housing. Sea that title House movers' licensee and permits ..................... 8.77 at seq. House movers. See that title , Largo scale developments ............................. 27.29 at seq. Planning. Sea that title New materials, processes, occupancies ................... 12.22 Fire prevention and protection. Sea that title Rental permits ........... I .......................... 174(g) (lousing. See that title I Storm water runoff facililies ........................... 33.84 at coq. Water and sewers. Seo that title Subdivision regulations .............................. 32.1 at seq. Subdivisions. See that title Uniform building code amendments .:................... 817 Water detention facilities, control structures, etc ........... 33.88 Water and sewers. Sea that title Supp. No. 37 2990 I / '37 6 CODEINDEX BUILDINGS (Generally) Section Airports, building construction ......................... 3554 Alarma systema..................................... 24.126 at seq. Alarm systema. See that title Animals tied, staked, tethered, hobbled, etc ............... 7.20(e) Animals and fowl. See that title City plaza, building regulations at ...................... 9.1.1 at seq. City plan. See aim that title Dangerous buildings, abatement of..................... Bal at seq. Dangerous buildings. See that title Existing buildings, electrical codeprevisions .............. 8.107 Electrical rade provisions generally. See: Electrical Code Floodplain management .............................. 11.7 at seq. Floodplain management. See that title Historic preservation................................. 27-81 at seq. Historic preservation. See that title Housemovers....................................... 858 at seq. House movers. See that title Moved buildings, electrical code previsions ............. 8.106 Inspections. Sea also: housing ' Maintenance inspection ............................. - 17.3(b) Owner•occupied dwelling, inspections far................ 17,%b) '-- Structural items, inspections for.....................: 17.3(b) Maintenance of grounds and buildings Board and commission services ....................... 2.102 Manufactured housing Parke .......................... 22.1 at seq. Manufactured housing parka. See that title Municipal buildings Consumption or possession of alcoholic beverages in ...... 54 Nuisance abatement regulations ........................ 24.101 at seq. - Nuisances. Sea that title Prohibited activities in parks, etc ....................... 25.1 Parke and recreation. See that title Sidewalk construction and repair ....................... 31.108 at seq. Streets and sidewalks. Seo that title Tree protection during construction, etc .................. - 34.16 at seq. Forestry. See that title Underground electric service .......................... 33.77 at seq. Electric service (underground). See that title Telephone service (underground). Sao that title Water supply....................................... 33.115 at seq. Water and sewers. See that title Zoning requirements................................. 36.1 of seq. Zoning. See that title BURGLAR ALARMS Alarm systems ...................................... 24.126 at seq. Alarm systems. See that title Supp. No. 37 2991 IOWA CITY CODE BURNING OUTDOORS Park activities prohibited ............................. • '25.1 -' BUSSTANDS Traffic regulations relative to loading and unloading ....... 23.287 at seq. Traffic. See that title - 33.77 of seq. BUSES Public transportation ................................ 30.1 at seq. Public transportation. See that title BUSINESS ESTABLISHMENTS _ Occupational licenses in general ........................ . 21.1 at seq. Licenses and permits. See that title BUSINESS TRUST Person construed re .................................. 1.2 BU7TOCKS Indecent exposure and conduct ......................... 24.114 .... L, 10.16 at seq. CABLE TELEVISION Broadband telecommunications franchise ................ 14.60 at seq. Franchises. See that title CABLES AND CONDUITS Underground electric service .......................... 33.77 of seq. Electric service (underground). See that title Underground telephone service ........................ 33.97 of sec. Telephone service (underground). See that title CAFES, CAFETERIAS, ETC. Restaurant regulation...... I ........................ 13.16 at seq. Restaurants. Seo that title CALLINGS. Occupational licenses in general ........................ 21.1 at seq. Licenses and permits. See that title CAMPAIGN Election campaign finance regulations .................. 10.16 at seq. Elections. See that title CANDIDATES FOR OFFICE - Campaign finance regulations ......................... 10.16 of seq. Elections. Seo that title CANVASSERS Peddlers' regulations ...............:................. 26.1 of seq. Peddlers, canvassers and solicitors, Sea that title Supp. No. 37 2992 CODEINDEX CARNIVALS Section - Group activities in parks .............................. 2548 at seq. Parks and recreation. See that title CASUALTIES .Iowa River regulations ............................... 24-78 at seq. Iowa River. See that title CATS AND DOCS Pel animals ........................................ .. 7.17 et seq. Animals and fowl. See that title CELLAR DOORS Uncovered openings ................................. 31.7 CELLARS AND BASEMENTS Basement window egress; minimum structural standards for dwellings ...................................... 17.56) Cellar windows used for ventilation; minimum struc- tural standards for dwellings .................. 17-5(k) Housing. See that title CEMETERY Animals in .................................. i.... 9.4 Caro and maintenance9.1 ............................. Firearms, discharge of................... ......... 9-7 Hours regulated .................................. 9-5 Injury to plants, etc ............................... 9-9 Monuments, defacing .............................. 9-8 Nonperpetual care ................................. 9.10 Rates and charges for services ..................... 9-3 Regulations ...................................... 9-2 Speed limit of vehicles ............................ 9-8 CESSPOOLS Nuisance abatement regulations ................... 24.101 et seq, Nuisances. See that title CHATTER Personal property defined re ...................... 1-2 CHILDREN. See: Minors CHIMNEYS AND SMOKEPIPES Rental housing, requirements re .................... 17-7(e) Housing. See also that title CIGARS, CIGARETTES AND TOBACCO Sale of cigarette papers in violation of stale laws Nuisance provisions re buildings or places used for 24.101(4) Smoking prohibited in designated areas ............ 21.5 Smoking. See also that title Supp. No. 37 2993 b IOWA CITY CODE�� CIGARS, CIGARETTES AND TOBACCO—Conl'd. Section Smoking regulations at airport ..................... 4-66 Airports and aircraft. See that title CIRCULAR DISTRIBUTION Billposters, billposting and distribution ............. 3-16 et seq. Advertising. See that title CIRCUSES, CARNIVALS, MENAGERIES, ETC, Group activities in parks .......................... 25-45etseq. Parks and recreation. See that title CITY Defined.....:.................................... 1.2 CITY ATTORNEY Appointment, removal, duties ...................... 2.63 Assistant city attorneys ........................... 2-65 Compensation ............. ...... ..:.............. 2-67 Defined ....... Facilities and staff to be provided....................... 1-2 2.66 Legal department................................. 2.5 I Special assistant city attorneys ................... 4 i 2.64 Staff............................................. 2.6I CITY CLERK Appointment and qualifications 2-75 Certification of expenditure instruments ............ 2.75 Clerk of council.................................. 2.79 Custodian of records and seals ..................... 2.77 Defined ........ 1-2 i General duties.................................... 2.76 Official bond, eta................................. 2.75 CITY COUNCIL Administrative code ............................... 2•I80 et seq, Administrative code. See that title Alcoholic beverages, consumption or possession in municipal buildings....................................... 54 I .... _... ..... Clerk of council, duties of city clerk ............. .. .-...._._. 2-79 Compensation..................................... '2.15 Review of, when ................................... 2.6 Districts Established..................................... 2.17 Mayor in general................................. 2-42 et seq. Mayor. See that title Meetings Organizational.................................. Regular 2.20 ............. I.......................... Robert's rules of order to govern ............. . .... 2.21 2-23 Supp, No. 37 ?994 /537 a G CODEINDEX CITY COUNCU.—Cont'd. Rules Section of procedure . , Smoking prohibited at public meetings 2-23 ............ Smoking. See also that title 24.5 Special........................................ Voting rights of mayor .......................... 2.22 2.43 Terms of members ................................ 2-19 CITY FUNDS. See: Finances CITY MANAGER - Administrative code ............................... Administrative code. See that title 2.180 at seq. Appointment..................................... Oath and bond .................................... 2.5.4 Removal......................................... 2.55 2-54 CITY PERSONNEL. See: Officers and Employees CITY PLAZA ' Ambulatory vendors City Plaza on permits ........... . . ................. Defined 9.148(6) ........................................... Permitted uses ................................. 9.1.2 9.1-7(axl) Animal regulations .................................. Arts and crafts sales of handmade articles, etc. 9,1.0 Permitted uses .................................... 9.1.7(a)(9) Audio ambience Defined ................................ :......... Basement extensions 9.1.2 Building front and/or basement extensions, permitted uses 9.1.7(x)(0) Dented .................................... 9.1.2 ..... Bicycle regulations .................................. Building design for permanent and temporary structure; 9.14 City plain use permit provisions ...................... 93.8(d) Building extension Defined .......................................... 8.1.2 Building front and/or basement extensions Permitted uses .................................... 9.1.7(n)(0) Cafes. Sae within this title: Pima Cafes City plaza use permits. See within this title: Use Permits Coasting ........................................... Construetlen costa ........................... 9.1.4 . . Days and hours of operation 9,1.7(j) •,,,,,,, •.,........ Definitions ......................................... 8,1.7(0) Display window extensions 9.1.2 Permitted uses ....... .............. . Events of an educational or entertainment 9.1.7faX5) nature Permitted uses ................. ........... ........ Exemption re use of wheeled vehicles 9,1.7(;1(11) .................... 914 Supp No. 37 2995 - AF3 G IOWA CITY CODE CPPY PLAZA—Contd. Section `- Fees for permits, fees for lanae ofproperty, etc . . ............ 9.1-10 Illumination ........... 9.1-7(h) Insurance and indemnification ......................... 9,1-7(e) Kiosk Defined.......................................... 9.1-2 Permitted uses.................................... 9.1-7(9)(7) Landscaping Defined.......................................... 9.1.2 Permitted uses.................................... 9.1-7(a)(8) Maintenance of area................................. 9.1.7(8) Mall zones Description of..................................... 9.1.3 Permitted uses in, usable area, etc ..................... 9.1-7 Mobile vending cart Defined.......................................... . 9.1.2 Permitted uses.................................... 9.1.7(a)(2) Mobile vendors City plaza use permit provisions ...................... 9,1.8(.) Motor vehicle regulation ............................. 9.15 Newspaper vending machines ......................... 9.1.7(i) Noise control ....................................... , Outdoor cafes 9.1.7(d) Defined...................:............ .......... Performance time limits .............................. 9.1.2 9,1-7(O Permanent and temporary structures City plaza use permit provisions ...................... 9.1.8(d) Permanent construction .............................. 9.1.2 Permits Use permits, See within this title that subject Permitted uses..........................�........... 9.1.7(a). Plan cafes Defined.......................................... 9.1.2 Permitted use..................................... 9.1.7(.)(3) Use permits....................................... 9.1.8(c) Provisions, purpose................................... Public way Defined........................................... 9.1.2 Sales or exhibits by individual artists Permitted uses.................................... 9.1.7(a)(10) Seasonal construction Defined.......................................... 0.1.2 Signs Permanent and temporary structures City plots use permit provisions .................... 9.1-8(d) Skating regulations, exemptions ....................... 9.14 Speech activities Permitted uses.................................... 9.1.7(.X12), (13) Supp. No. 37 2996 I IS37 5 CODEINDEX CITY PLAZA—Cont'd. - Section Stairways to basements Permitteduses .................................... 9.1.7(a)(4) Usable areas ....................................... 9.1.7(b) Use ofcity plaza generally ............................. 9.1.7 Use permits (city plam use permits) Ambulatory vendors ............................... 9.1.8(6) Application procedures ............................. 9.1-9 Fees .................................. :......... 9.1-19 Mobile vendors .................................... 9.1.8(a) Otherevents...................................... 9.1.8(d) ,.. Permanent and temporary structures .................. 9.1.8(d) Plam cafes ....................................... 9.1490 Termination and revocation ......................... 9.1-11 Vending Mobile vending carts for food, Rowers, newspapers, etc. Permitted uses .................:................ 9.1.7(9)(2) Vendors Ambulatory vendors Defined ........................................ 9.1.2 Permitted uaee.................................. 9.14(a)(1) City plum use permits for mobile vendors and ambulatory- ' vendors ...................................... 9.1.8 Definitions ....................................... 9.1-2 Mobilo vending cart ' Defined ........................................ 9.1.2 Wheelchairs, wheeled handicapped assistance devices Exemptions _ ..................................... ........................... 9.1.4 Zones. See within this title: Mall Zones' — —_ CITY SEAL. See: Seal CML RIGHTS Humap rights provialone .............................. 18.1 et seq. CNN SERVICE COMMISSION Established .......... :............................. 2.11 CLERK. See: City Clark 'CLOSING -OUT SALES Going -out -of -business and similar sales ............. 21.31 at seq. • • Going -out -of -business and similar sales. See that titlo CLUBS AND LOUNGES Alcoholic beverage regulations ....................... 6-1 at ecq• Alcoholigboverages. See that title .COASTERS -Use on roadway. See: Traffic Supp. No. 37 2996,1 IS37 5 IOWA CITY CODE CODE OF ORDINANCES- Section Altering or tampering with ........................ 1-6 Amendments..................................... 1-7 Catchlines, titles, headings, notes, etc. Effect......................................... 1-3 Definitions....................................... 1-2 Designated and cited, how ...................:...... 1-1 General penalty........................... .:....... 1-9 Violations. See hereinabove that subject Misdemeanors State law violations declared .................... 1-8 Municipal infractions, procedures and penalties ........... 1.20 at seq. Infractions, municipal. See that title New ordinances, effect .... :............. ' I-? Ordinances saved from repent, other provisions not included herein. See the preliminary pages and, the adopting ordinance of this code Penalties. See hereinbelow: Violations Repeal of ordinances Effect.......................................... 1-6 Ordinances saved from repeal, other provisions tot ! Included herein. See the preliminary pages and the adopting ordinance of this code r'1� Rules of construction .............................. Id Severability of parts of code ....................... 14`�� Violations Effect of repeal re penalties, ek.'................: -6 General penalty................................. 1.9 State law violations declared misdemeanor ........ I=8 COLLISIONS Iowa River regulations ............................ 24.78 at seq. Iowa River. Seo that title Waffle accidents ..................... I............ Traffic. See that title 28.84 at seq,, COMMITTEES. Seo: Boards, Committees and Commie- alone COMMUNICATION SYSTEMS Broadband telecommunications franchise ............ 14.60 at seq. Franchises. See that title •Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the prallminary pages of this volume. Supp. No. 37 2996.2 /537 CODEINDEX COMMUNICATION SYSTEMS—Cont'd• Section Underground electric service ............ Electric service (underground). See that title 99.77 et seq. Telephone service (underground). See that title COMPENSATIQN Council members ................... -18 Mayor .............. 2- Ordinances 2.46 saved from repeal, other included herein. See the provisions not preliminary Pages and the adopting ordinance of this code COMPLAINTS Human rights provisions .......................... 18.1 at seq. CONCEALED WEAPONS Carrying .......................... Firearms and weapons. See that title 24.66 ' CONCRETE PAVEMENT Excavation requirements .lo ......................... 91-21 et aeq. Excavations. See that ta Supp. No. 97 2996.3 is37 J CODEINDEX DISORDERLY PERSONS, CONDUCT, HOUSES—Cont'd. Seclion Public transportation, regulations and prohibitions ........ 30.5 Sexual or offensive proposals or attentions. etc ............. 2449 , DISTRESSED GOODS SALE Going-out-oLbusiness and similar sales .................. 21.31 at seq. Goingoutof•busineas and similar sales. See that title DISTURBANCES Library, creating disturbances in ....................... 20.3 Library. See that title DITCHES, OBSTRUCTING _ Excavations. See that title Nuisance abatement regulations ....................... 24.101 et seq. Nuisances. See that title DODGERS Billposters, billpostingand distribution ................. 3.16 at seq. Advertising. See that title DOGS AND CATS Pel animals ............ I ........................... 7.17 at seq. . Animals and fowl. See that title DOORS AND WINDOWS Housing. See also that title Maintenance of doors, door hinges, etc.; windows, storm win. dows.etc., in rental housing ........................ 17.7(x) Minimum structural standards for nil dwellings re lockable doors, windows, doorway sixes ...................... 17.5(i) Window coverings in rental housing ..................... 17.6(k) Window requirements re natural ventilation for dwellings..: 17.5(k) DOOR-TO-DOOR SALESMEN Peddlers'regulations..,..t........................... 16.1 el seq. Peddlers, canvassers and solicitors. See that title - DRAINAGE Floodplain management .............................. 11-7 cl seq. Floodplain management. Sea that title Garage floor drains .................................. 8.163 Housing standards re responsibilities of owners ........... 17.7(c), (d) Housing. See nim that title Manufactured housing parks; park requirements for drainage . 22.34(6) Nuisance provisions re overflow water from adjacent lands entering ditches, drninsor watercourses .............. 24.101(W Subdivision regulations .............................. 32.1 et seq. Subdivisions. See that title DRAMATIC ARTS EXHIBITIONS Group activities in parka ... . . . . . ....... . .............. 25.48 et seq. Parks and recreation. Sea that title Supp. No. 37 3001 9 IOWA CITY CODE I DRINKING IN PUBLIC I Section Alcoholic beverages .................................. 54 DRIVEWAYS Curbcuts .......................................... 31-59 et aeq. Streets and sidewalks. See that title DRUGS AND MEDICINES Airport restrictions regarding use, persons under influence, etc...* . .................................... 448 Iowa River regulations ............................... 24.78 at seq. j Iowa River. See that title Nuisance provisions re buildings where narcotic drugs are kept, sold, etc., unlawfully ......................... 24-101(3) DUST AND DEBRIS Excavation regulations ............................... 31.32 . E EASEMENTS. See: Rights-of-way and Easements EATING ESTABLISHMENTS Restaurant regulation ............................... 13-16 at seq. . Restaurants, See that title ELDERLY PERSONS i Public transportation, special fares and free transit services - I for elderly, low-income elderly ...................... 30.8 •�,�' Public transportation, See that title Senior center commission .............................. 25.60 at seq. Senior center commission. See that title ELECTIONS i Campaign finance regulations Limitation an campaign contributions ................: 10.19 Council voting districts ............................... 2.17 City council. See that title Permanent registration ............................... 10.1 Precincts Boundaries described ............................... 10.35 Establishment .................................... 10.34 ELECTRIC SERVICE (Underground) Advances by applicant ................................ 33.81 ! i Applicability ....................................... 33.78 Cooperation by applicant ............................. 33.82 Definitions ......................................... 33.77 i Supp, No, 37 3002 15-37 CODEINDEX j FECES DISPOSAL Section Pet animal prohibition and requirements ................ 7.19 at seq. Animals and fowl. See that title FEDERAL INSURANCE ADMINISTRATION Zoning requirements ................................... 36.1 at seq. Zoning. See that title FEES, CHARGES Other fees and charges. See specific subjects as indexed Schedule of fees and charges authorized by specific provisions 32.140 at seq. Finances, See that title FENCES, WALLS, HEDGES AND ENCLOSURES Animals tied, staked, tethered, hobbled, etc ............... 7.20(e) Animals and fowl. See that title - I Housing standards re maintenance of fences .............. 17.7(w) Housing. See also that title Zoningrequirements ................................ 36.1 at seq. j Zoning. See that title FINANCES Administrative service departments .................... 2•1 at soq. Boards and commissions services ....................... 2.102 Budgets and records of boards and commission............ 2.103 City clerk to certify expenditure instruments ............. 2.78 City clerk. See that title _ Contracts, awarding ................................. 2.205 Contracts and agreements. See also that title Department of finance Created .......................................... 2.123 Director ......................................... 2.124(6) Duties........................................... 2.124 Municipal band financing ............................. 32.1.100 at seq. Municipal bond financing. See; Bonds Opening of bide ..................................... 2.104 Ordinances saved from repeal, other provisions not included herein. Seo the preliminary pages and the adopting ordi• nance of this code Personal property included re .......................... 1•2 Public improvement projects Amortization ofconditional deficiency assessments ....... 2.207 Purchasing. See that title Schedule of fees Garbage and trash provisions (Chapter 15) Fees or charges authorized In ....................... 32,155 Parke and recreation (Chapter 25) Fees or charges authorized in ....................... 32.165 Public transportation Fees and chargee authorized in ..................... 32.1.70 Supp. No. 37 3006.1 IS37 i 9 ' IOWA CITY CODE FINANCES—Cont'd. Section 1 Purpose.......................................... 32.1.40 Traffic provisions (Chapter 23) Feesorcharges authorized in ....................... 32.1.63 Utilities (Chapter 33) Fees and charges authorized in ..................... 32.1.73 Taxation. See that title FINES, FORFEITURES AND PENALTIES Effect ufrepeal ofordinances ........................... 1.5 General penalties................................... 1-9 Violations of code in general. See: Code of Ordinances Ordinances saved from repeal, other provisions not included " herein. See the preliminary pages and the adopting ordi- nance of this code FIREAPPARATUS Fallowing.......................................... 23-133 FIRE DAMAGED GOODS SALE Going-out-opbusiness and similar sales .................. 23.31 et seq. . Going•out-oFbusiness and similar sales. See that title FIRE DEPARTMENT Administrative service departments .................... - 2.1 at soq. Chief of fire inspectors, etc ........... - ... 12.47 Fire chief .....................:.. .......... ... 12.37 FIRE EXTINGUISHERS - Fire extinguishers, early warning fire protection systems, maintenance by owners of rental units ............... 17.7(q) Housing. See that title FIRE HOSE Crossing........................................... 23.134: FIRE HYDRANTS " Mobile home parks, in................................ 2240 ' Opening of hydrants................................. 33.118 Water supply, etc., in general. See: Water and Sewers Parking In specified places prohibited .................... 23.235 et seq. Traffic. See thnt title FIRE MARSHAL Bureau of fire prevention, os head of ..................... 1246 FIRE PREVENTION AND PROTECTION (Miscellany) Airport regulntions.................................. 4.1 et seq. Airports and aircraft. See that title Bureau of fire prevention Established...................................... 12.45 Supp. No. 37 3006.2 ,.�... , 1537 CODEINDEX FIRE PREVENTION AND PROTECTION(Miscellany)—Conl'd. Section ... Firemarshal...................................... 1246 Inspection fees .................................... 1247 Inspectors ........................................ 1247 Reports and recommendations ....................... 1246 Code. See: Fire Prevention Code Contracts far emergency fire protection .................. 12.1 Flammable or combustible liquids in drums or other containers Amendments to fire code re storage and dispensing of ..... 1221(a) Housing. See also that title Exits, fire escapes; standards for dwellings .............. 17.610 Maintenance responsibilities of owners of rental housing 17.7(g) Fire extinguishers; early warning fire protection systems, requirements for rental housing .................. 17.6(c)(d) Supp. No. 37 CODEINDEX GROUNDS AND BUILDINGS, MAINTENANCE Section Boards and commissions services ....................... 2.102 GROUNDWATER ' Storm water runoff facilities ........................... 33.54 at seq. Water and sewers. See that title GUNS Firearms. discharging ................................ 24.64 Firearms and weapons. See that title GUTTERS AND CURBS Excavation requirements ............................. 31.21 at seq. Excavations. See that title Sweeping litter Into gutters ........................... 15.81 H HANDBILL DISTRIBUTION Billposters, blllpoelingand distribution .................. 3.16 el seq. Advertising. See that title HANDICAPPED PERSONS _ Cityplam, ueoofwhmleddevicea,exemptiomfmwhmichalrs, 9.14 Parking spaces, provided .............................. 23-253 Traffic. See that title Public transportation, special fares and free transit services forhandicapped persona ........................... 30-8 Public transportation. See that title HAWKERS Peddlers'regalations................................. 26.1 at seq. Peddlers, canvassers and solicitors. See that title HAZARDOUS SUBSTANCES Cleanuprequired 24-161 .................................... Definitions ......................................... 24.160 Notification ........................................ .24.162 HAZARDS Floodplain management .............................. 11 .7 at seq. Floodplain management. See that title HEALTH AND SANITATION Animal regulations .................................. 7.1 of seq. Animals and fowl. See that title Supp. No, 37 5014.3 B CODEINDEX MANIIPACrUREII HOUSING PARKS—Contd. Section Parking.....................................r... 23.34(g) Potion ........................................... 2234(i) Permanent structures and facilities ................... 2238 Public lighting .................................... 22340) Recreation spacelopen space ......................... 2234(d) Refuse and garbage handling ........................ 2237 Requlrements generally ............................ 2234 Sidewalks ........................................ 22.34(h) Space requirements ................................ 2234(c) Streets, specific requirements for ..................... 2235 Utilities ......................................... 2235 - Purpose ........................................... 22.1 - Tiedowns in rental housing, requirements ................ 173(m) Housing. Seo that title MANURE DISPOSAL Pet animal prohibitions and requirements ................ 7.19 at seq. Animals and fowl. Seo that title MAPS. See: Surveys, Maps and Plats MARITAL STATUS DISCRIMINATION Human rights provisions .............................. r 18-t at seq. i MAY (last Monday of) Computation of time re ............................... 1.2 MAY, SHALL Defined ............................................ 1.2 MAYOR Absence or inability .................................. 242 Administrative code ................................. . 2.180elseq. Administrative code. See that title Chiefcity representative .............................. 246 Compensation ....................................... .2.44 Review a6 when ................................... 2.6 Contracts, purchasing, etc. Powers to ........................................ 2.45 Mayor pro tem ...................................... 2.42 Powers...........................................1 2.46 Voting rights ....................................... 2.43 Council muutings and procedures. See: City Council MEAT AND MEAT PRODUCTS Poison meet exposed to nnimals ........................ 7:1 Animals and fowl. See that title MECHANICAL CODE Adopted ........................................... 8.44 .--. Amendments ..................................... .. X15 Supp. No. 37 3027 `J /537 IOWA CITY CODE MECHANICAL CODE—Cont'd. Section Conflicts in provisions ................................ 847 Minimum requirements .............................. 847 MEDICINES. See: Drugs and Medicines MEETINGS Smoking prohibited in public meetings .................. 24.5 Smoking. See also that title Unlawful assemblies ................................. 24.2 Assemblies. See that title METALLIC KNUCKLES Concealed weapons, carrying ........................... 24.66 Firearms and weapons. See that title MINORITY RELATIONS Human rights provisions .............................. 18.1 et seq. MINORS (Juveniles, children, infants, etc.)' Alcoholic beverage regulations ......................... 5.1 at seq. Alcoholic beverages. See that title Curfew provisions ................................... 24.32 at seq. Curfew. See that title Dance, for minors in connection with business ............ 5.7 at seq. Alcoholic beverages. See also that title Iowa River regulations ............................... 24.78 el seq. Iowa River. See that title MISCELLANEOUS PROVISIONS. See: Offenses and Mine[. laneous Provisions MISDEMEANOR 'Construed ..................................... :... 1.2 MISSILES, BALLS, ETC. Prohibited activities in parks, etc ....................... 25.1 Parks and recreation. See that title Throwingballsinatreete .............................. 3I.3 MOBILE HOMES AND MOBILE HOME PARKS.,$ae: Menu• . . factured Housing Parks MOBILE VENDORS City plus, regulations for ............................. 9.1.1 at seq. City plaza. Sea also that title MOBS Unlawful assemblies ................................ 24.2 Assemblies. See that title I . , MODULAR HOMES. See: Manufactured Housing Parks Supp. No. 37 3028 9 �;; CODEINDEX MONDAY Section Computation of time re .......................... :.... 1.2 MONEY Personal property defined re ........................... 1.2 MONEY OF CITY. See: Finances MONTH, YEAR Defined ............................................ 1.2 MONUMENTS Cemetery monuments, defacing ........................ 9.8 Preservation during excavation ........................ 31.37 MOPEDS • Traffic regulation ................................... 23.1 et seq. Traffic. See that Lille MORALS OFFENSES. Sea: Indecency and Obscenity MOTELS Hotel and motel tax. See that title MOTOR VEHICLES AND OTHER VEHICLES Aircraft fuel handling vehicles ......................... 4.92 �.� Self fueling regulations. See: Airports and Aircraft Billposters, billposting and distribution .................. . 3-16 at seq. Advertising. See that title Bung Public transportation department, responsibility of ...... 2.221 Traffic regulations ............................... 29-291, 29-292 Cemetery regulations ................................ 9.6 Cemetery. See that title City plaza, motor vehicle regulations in .............. :... 9.1.5 City plaza. Sea also that title Horse-drawn vehicles ................................ 35.16 et seq. Vehicles for hire (taxicabs and horse-drawn vehicles). See that title Inoperablelobsolete vehicles, nuisance conditions .......... 24.101 et seq. Nuisances. Sea that title Litter thrown from ................................... 15.82 Noise regulated Motorized vehicles...... ............................ 24.4.7 Vehicle repairs and testing .......................... 24.4.4(c) Nuisance abatement regulations ....................... 24.101 et sort.' Nuisances. See that title Prohibited activities In parka, etc ....................... 25.1 Parka and recreation. Seo that title Public transportation ................................ 30.1 at seq. Public transportation. See that title Supp. No. 37 3029 /S37 IOWA CITY CODE MOTOR VEHICLES AND OTHER VEHICLES—ContA. Section Taxicabs ............................................ Vehicles for hire (taxicabs and horse-drawn vehicles). See 35.16 et seq. that title Trafficregulations................................... 23-1 at seq. Traffic. See that title Transportation of garbage and trash ......... . .......... 15.63 - Garbage and trash. See that title MOTORBOATS Iowa River regulations ............................... 24.78 et seq. Iowa River. See that title MOVING BUILDINGS. See: House Movers . MUFFLERS ON BOATS Iowa River regulations ............................... 24-78 at seq. Iowa River. See that title MULES - Cruelty to animals ................................... 7.2 MULTIPLE DWELLINGS Housingstandards................................... . 17.10 et seq. Housing. See that title MUNICIPAL BONDS - Financingofmunicipalbonds .......................... 32.1.100 at seq. Municipal bond financing. See: Bonds MUNICIPAL INFRACTIONS. See: INFRACTIONS, MUNICIPAL MUNICIPAL LIBRARY. See: Library MUNICIPAL SEAL. See: Seal MUNICIPALITY, See: City MUSICAL EVEN" Group activities in parks ........ . . ................ . . . 2548 at seq. Parka and recreation. See that title ;Ii Supp. No, 37 3030 9 CODE INDEX ' NUISANCES—Cont'd. Section . - Nuisance condition ................................ 24.10413) Removal; interference prohibited ..................... 24.104 .: ,'...:_. Penalties .................:. 2105 Pet animals ........................................ 7-19 - Tree and forestry regulations .......................... 3416 at seq. . Forestry. See that title Weed control provisions Weeds and brush. See that title - NUMBER '-. ... Word usage for interpreting code ....................... 1.2 NUMBERING OF BUILDINGS. See: House Numbering 0 OATH, AFFIRMATION, SWEAR OR SWORN ... City clerk ........................ :................. 2.75 Defined ............................................. 1.2 OBLIGATIONS OF CITY - .Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi. nance of this code OBSCENITY. Sec: Indecency and Obscenity OBSOLETE VEHICLES Inoperablelobsclete vehicles ........................... 24-301 et seq. Nuisances. See that title OCCUPATIONS Occupational licenses in general ...................:.... 211 et seq. Licenses and permits. Sea that title OFFENSES AND MISCELLANEOUS PROVISIONS Generally .................... 0........ 0............ 24.1 at. seq. Specific penalties, remedies, regulations, els. Sea specific .. subjects Misdemeanor, construed ....................... 0...... 1.2 Municipal infractions Procedures and penalties, Sao: Infractions, Municipal Ordinances saved from repeal, other provisions not Included herein. Seo the preliminary pages and the adoptingordl- oance of this code State law violations declared misdemeanor ............... 1.8 Code violations in general. Sea; Code of Ordinances OFFICERS AND EMPLOYEES Administrative code ................................. 2.180 at seq. Administrative code, Seo that title Supp. No. 37 3032.1 4• `'•e hs ': I i 10 , IOWA CITY CODE OFFICERS AND EMPLOYEES—Cont'd. Section Alcoholic beverages Consumption or possession in public places, municipal buildings ..................................... 64 Boards,committees and commission .................... 2.100 ! Boards, committees and commissions. See that title City attorney. See that title ............................ 2.63 at seq. City attorney. Sea that title Cityclerk .......................................... 2.76 at seq. City clerk. See that title Citycouncil ........................................ 2.17 at seq. City council. See that title Citymanager ....................................... City manager. See that title - Civil service commission .............................. 2.111 Code references to specific officials, boards, commissions, etc. Rules of construction for interpreting code .............. 1.2 Compensation, salaries, etc. Councilmen ...................................... 2.18 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Other matters relative to compensation of particular per. sone. See specific officers, boards, departments, etc. I Delegation of authority, construed ...................... 1.2 Departments in general .............................. 21 at seq. Departments. See that title Director or parka and recreation ........................ 26.34 Parke and recreation. Sae that title Director of public transportation ....................... 2.223 Public transportation department. Sea that title Elections ........................................... lad at seq. Elections. See that title Electrical inspector .................................. 8.125 Fire chief .......................................... 12.37 Fire department. See that title Fire marshal ....................................... 1246 Forester ........................................... 3416 at seq. Forestry. See e Housing inspector title .............................. 17.3 at seq. Housing. Sea that title Human rights provisions ................... *........... 181 at seq. Impersonating an officer .............................. 24.3 Joint authority Construed ........................................ 1.2 Mayor ............................................. 242 at seq. i Mayor. Seo that title Noise control officer, powers and duties of ................ 24.410 Supp. No. 37 3032.2 J •. {•� � J. B CODEINDEX PUBLIC ENTERTAINMENTS Section Croup activities in perks ............................... 25-48 et seq. Parks and recreation. See that title Use permits for use of public ways ........................ 31-134 et seq. PUBLIC HEALTH. See: Health and Sanitation PUBLIC IMPROVEMENTS Public works and improvements. See that title PUBLIC LIBRARY. See: Library i PUBLIC NUISANCE. See: Nuisances PUBLIC PLACES Alcoholic beverages in Consumption, etc. 54 Open containers,possessing ........................... 5.12 Smoking prohibited in ................................. 24.5 Smoking. See also that title j Urination or defecation in ................ 6 ........ 6 .... 24•I141c1 PUBLIC RECORDS Boards and commissions ............................... 2.103 City clerk uscuslodion................................. 2.77 City clerk. See that title PUBLIC SAFETY .•` Boards and commissions services ........................ 2.102 PUBLIC TRANSPORTATION Assignment ofservices ................................. 30.3 Definitions.............. ............................ Elderly, low-income elderly Special fares and free transitservices for ................. 30.8 Fees and chargee authorized in .......................... 32.1.70 Schedule of fees. See: Finances Handicapped persons Special foresand free transit services for ................. 30.8 j Prohibitions ......................:.................. 30.5 Public transportation department Assignment of services ............................... '30.3 Director Appointment ..................................... 30.2 Established ........................... 6............ 30.1 i Public transportation department facilities, equipment and operators Agreements for use or ................................ 309 Charges for use ..................................... 30.10 Regulations ......................................... 304 Supp. No. 37 3042.1 1 /S37 IOWA CITY CODE PUBLIC TRANSPORTATION—Confd. Section -- Service, rates and charges '- _ Agreement for use of public transportation department facil. ities, equipment and operators ..................... 30.9 Charges for use of public transportation department facili- ties, equipment and/or operators .................... 30.10 _ Elderly, low -Income elderly .. I.. Special fares and free transitservice for ................ 30.8 ..:.-. Fares and rates for .................................. 30.7 . . Handicapped persons Special farm and Gee transit service for ................ 30.8 " Service provided ................ .. .....: ......... 30.6 - Special fares and free transit service for elderly, low-income elderly and handicapped person .................. • 30.8 ' PUBLIC UTILITIES. See: Utilities - PUBLIC. WORKS AND IMPROVEMENTS - Boards and commissions services ............:...:....... 2.102 Conditional deficiency assessments on public improvement projects Amortimtionof........... 6 ......................... 2.207 Large scala developments .............................. 27.29 at seq. - Ordinances saved from repeal, other provisions not Included herein. Sec the preliminary pages and the adapting ordi• ounce of this code (. Planning .... 6 ....................................... 27.1 et seq. Planning. See that title Subdivision regulations ................................ 32.1 at seq. Subdivisions. See that title PUBLIC WORKS DEPARTMENT Administrntivoservica departments ...................... 2.1 at seq. Assignmentoffunclions................................ 2.168 Director ..................... 6...................... 2.167 . . Divisions ................ 6............................ 2.166 PUMPING PLANTS Pumping plants not piovided with a fishway or screen . .: .. Nuisance provisions ................................. 24.101061 PURCHASING Boards and commissions services ........................ 2.102 Financial procedures ................. 6................ 2.204 at seq. I Contracts and agreements. See that title _ Finances. See that title .` Mayor. powers .......... 6 ............................ 246 '- Ordinances saved from repeal, other provisions not Included --' - herein. Sea the preliminary pages and the adopting ordi. nonce of this coda Supp. No. 37 3042.2 ' ' /5037 . I CODEINDEX _- SHEEP Section Livestock running at large ......................... 7-4 Animals in general. See: Animals and Fowl SHELTER, HOUSE OR BUILDING Prohibited activities in parks, ate ................... 26.1 Parks and recreation. See that tithe . SHELTER OR POUND Created........................................... 7-22 Animals and fowl. Sea that title SHIPPING - Iowa River regulations ............................. 24-78 at seq. Iowa River. See that title SHOOTING Firearms, discharging .............................. '. 24.64 Firearms and wespbrs. See that title SHOTGUNS Firearms, discharging ... I .......................... 24.64 Firearms and weapons. See that title SHRUBBERY. See: Trees and Shrubbery. See also; Forestry SIDEWALK CAFE City plaza, sidewalk cafe regulated in .................... 9.1.7(u)(3) City plaza. Seo that title _ SIDEWALKS. Seo: Streets and Sidewalks SIGNATURES Written, in writing, otc.,construed ro ..... . . . ............ 1-2 SIGNS AND BILLBOARDS Animal lied, staked,tethered, hobbled, etc ................ 7.20(e) Animals and fowl. Seo that title Billposters, billposting and distribution .................. 316 at seq. Advertising. Sea that title City plaza, permanent and temporary structures at Sign regulations ..................................... 9.148(d) City plaza. Sao also that title Parks and playgrounds Touring down or destroying signs ..................... 26.1(4) Right-ofway, sign permits ............................. 31146 at seq. Streets and sidewalks. Sea that title Zoning requirements ...................... I.......... 39.1 at seq. Zoning. Sue that title SKATING City plum; conaling, sliding, use of rollor skates, sknteboards, exemption ...................................... 9.1.4 Supp. No. 37 3047 IOWA CITY CODE SKATING—Conl'd. Section . ,_ Iowa River regulations ............................... 24-78 at seq. Town River. See that title use of roller skates on roadway. Seo: Traffic SLINGSHOTS Discharging ........................................24.86 Firearms and weapons. See that title SLUM DISTRICTS .. Urban renewal, generally ........................ • .... 8.1 at seq. SMOKING Airport restrictions .................................. 4.65 at seq. Airports and aircraft. See that title Sale of cigarette papers in violation of state laws Nuisance provisions re buildings or places used for ....... 24.101(4) Smoking prohibited in designated areae Certain area where smoking prohibited ............... 24-5(c) - Definitions ....................................... 24.5(b) Designation of smoking area .......................... 24.60) "No smoking" areas posted .......................... 24-6(e) Public meetings and public places (municipal buildings, bus, restaurants, retail stares, public conveyances, etc) ..Defined ........................................ 24-5(b) Supp. No. 37 3048 1537 9 CODEINDEX STREETS AND SIDEWALKS—Cont'd Street Defined .......................................... Subdivision regulations .............................. Subdivisions. See that title Surface materials Prohibited In the area between the traveled or paved area of the street righWf-way and the abutting private prop. erty line ...................................... Tree and forestry regulations .......................... Forestry. See that title Trees and shrubbery. See also that title Tying, staking, tethering animals ...................... Animals and fowl. See that title Uncovered openings ................................. Underground electric service .......................... Electric service (underground). See that title Urination or defecation in or upon anystreet, alley, etc...... Use permits Appeals .............................. I.........-.. Applications Contents, accompanying documents ................. Generally ...................................... Council review .................................... Crantordenial.................................... �.- Insurance and bond requirements ..................... Issuance for commercial uses prohibited ................ Required ......................................... Revocation ....................................... Standards for issuance .............................. Terme and conditions ............................... Zoning requirements ................................. Zoning. See that title SUBDIVISIONS Building permits Issuance restricted ................................. City's right to Install improvements ..................... Definitions ......................................... Establishment of controls ............................. Excavation requirements ............................. Excavations. See that title Exceptions.........I ............................... Floodplain management .............................. Floodplain management, Seo that title • Improvements Right of city to install, when ......................... Inspections ......................................... Supp. No, 37 3053 Section 1.2 32.1 etseq. 31.10 34.16 at seq. 7@0(e) 31.7 33-77 at seq. 24.114(c) 31.143 31-137 31.136 31.142 31.139 31.141 31.135 31.134 31.144 31.136 31.140 36-1 at seq. 32.6 32.6 32.2 324 31.21 et seq. 32.7 11.7 at seq. 32.6 32.61 /S37 B IOWA CITY CODE. SUBDIVISIONS—Confd. Sections Large scale developments ............................. 27.29 et seq. Planning. See that title Lots, selling before approval Penally; remedies ................................. 32.8 Markers ........................................... 32.59 Mobile homes, etc .................................... 22-1 at seq. Mobile homes and mobile home parka. See that title Modifications of requirements ......................... 32.7(a) Off-site costs for out -of -sequence development ............. 32-62 Pavement width requirements Reduction of ...................................... 32.7(b) Plats Final plats Accompanying documents ......................... 3240 Fees ........................................... 3241 Review, approval, rejection ........................ 3242 Specifications ................................... 32.39 Preliminary plate Accompanying information ........................ 32.27 Fees ........................................... 32.28 Review, approval. rejection ........................ 32.29 Effect of approval .............................. 32.30 Submission required; waiver ....................... 32.26 Purpose........................................... 32.3 Sewer installations in general ......................... 3255,33.16etmq. Water and sewers. Seo that title Short title .......................................... 32.1 Sidewalks .......................................... 32.58 Sidewalks in general. See; Streets and sidewalks Skating or coasting,etc ............................... 31.2 Specifications, typo of construction, etc ................... 32.60 Standards and specifications ............................ 32.54 at seq. Storm water ........................................ 3354 et seq. Water and sewers. See that title Streets Standards and specifications ......................... 32.54 Underground electric service .......................... 33.77 of seq. Electric service (underground). Sea that title Underground telephone service ........................ 33.97 of seq. Telephone service (underground). See that title Unusual plate ...................................... 32.7(c) Variances, etc. Council action .................................... 32.7(d) Water installations .................................. 32.57 Zoning requirements ................................. 36.1 cl seq. Zoning. See that title Supp. No. 37 3054 Ct i rq r 153 7 , CODEINDEX SUNDAY AND MONDAY Computation of time, holidays, etc Section ' ....................... SURETIES 1.2 City clerk .......... ............... SURVEYS, MAPS AND PLATS q.7g Airport overlay zoning map........ j Zoning. ....... ............. I, Sea: Airports and AirtrnR 4.74 Firezones.......... Franchise maps for various utililies. Sec: Franchisee 8d9 Grades ofsidowalks, streets, etc. See; Streets and Sidewalks Monuments, preservation during excavation .............. 31.37 1 Ordinances saved from repeal, other provisions not Included herein. See the preliminary pages and the adapting uded nonce nflhis tole Plan commission duties ......... j Plan commission. See that title ..'.... 27.17 Precinct boundaries described . - Elections. See that title ................ "" • • • • 10.35 I, Resources conservation commission ......... ..... Resources conservation commission. Sec that line Subdivision regulations 27'72 at seq. �'.. Subdivisions. Be, that title •"'•"""' g 32.1 et meq. Zoning requirements .............. ........ Zoning. See that title """""' 38.1 at seq. SWEAR OR SWORN. Sea: Oath. Affirmation, Swear or Sworn SWIMMING i Iowa ]liver regulations ............................... Iowa River. See that title 24.78 et seq. SWINE Livestock running at large................ Animals in general. See: Animals and Fowl 7 T TAXATION Hotel and motel tax .................. . . Hotel and motel toz. See that title "" 32,1.21, 32.1.22 j Ordinances saved from repeal, other provisions not included herein. Sao thoreliminar P Y pages and the adapting ordi• '. manta of this code Property tax Partial exemption for Industrial properly , ..... , Industrial properly. Be. that title , , "".. 32.1-31 at seq, _ TAXATION AND REVENUES Municipal bond financing.......... I................. I - Municipal bond financing. Seo: Bands 32.1•1000tseq. j .. Schedule or fees..................................... Finances. Seo that title 32.140 et seq. ' Supp, No. 37 30540 t`'' ' !"7 IOWA CITY CODE TAXICAB STANDS -..,..- Traffic regulations relative to loadingand unloading g • • • • ... Section 23.287 at seq. Traffic. See that title TAXICABS. See: Vehicles For Hire -Taxicabs TELECOMMUNICATIONS Broadband telecommunications franchise ................ 14£0 at seq. Franchises. See that title TELEPHONE COMPANIES Franchises ......................................... 14.62 at seq. Franchises. See that title TELEPHONE SERVICE (Underground; Applicability ....................................... 33.98 Connection to existing systems ......................... 33101 ' Cooperation by applicant ............................. 33102 Definitions ......................................... 33.97 Right"r-way, and ammonia .......................... 33.99 - Special conditions .................................•. Subdivision installations ............................. 33.103 33.100 TELEVISION Broadband telecommunications franchise ................ 1460 at seq. Franchises. See that title TENSE Words used for interpreting code ........................ 1.2 THANKSGIVING DAY Computation of time re ............................... 1.2 THEATRICALS Group activities in parka .............................. 26.48 at seq. Parke and recreation. Sea that title THINGS IN ACTION Personal property defined re ......... . . . ............... 1.2 THREATS OR VIOLENCE Disorderliness ...................................... 24.27 at sail, Disorderly persons, conduct and houses. See that title THROWING OBACTS OR MISSILES Prohibited activities in parka, etc ....................... 26.1 Parke and recreation. See that title TIME Computation of lima construed ............... . . . ....... 1.2 j TOBACCO Smoking restrictions ............... .................. 24.6 � Supp. No. 37 3054.2 1 t , 1537 X537 , CODEINDEX WATER CLOSETS Section Housing regulations................................. 17-1 at seq. Housing. See that title WATERCOURSES Nuisance provisions re offensive or disagreeable substances thrown into ponds or pools of water .................. 24.101(10) Nuisance provisions re overflow water from adincent lends entering....................................... 24.101(8) WATERCRAFT Iowa River regulations ............................... Iowa River. See that title 24.78 at seq, Zoning requirements regarding special vehicle and wmercmit parking and storage .............................. 3858(g) WATERWAYS Nuisance abatement regulations ....................... Nuisances. Sao that title 24.101 etseq. WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Weed control City manager !—' Weed oMelal, See within this subtitle that subject Definitions....................................... Emergency control measures 34-70 .....:.................. Enforcement of provisions 34.78 Weed official. See within this subtitle that subject Natural areae Designated..................................... 34-74. Natural or conservation areas ...................... Newly developed areas 34.74(6) ............................ Publfcwaya..................................... 34.74(d) Nuisances 34.74 ........................................ Short title 34.73 ........................................ Violations, notice of 33.89 ................................. Weed official 34.78 City manager, etc„ designated as................... 34.71 Enforcement of provisions generally ................. 34.71 Enforcement period; notice of violation ............... 34.76 Interference with ................................ Violation, notice of 34-72 ............................... 34.76 WELLS Private wells ........................ ........, Water systems In general. See: Water and Sewers 33.128 {VINE AND BEER Alcoholic beverage regulations ......................... 6.1 at seq. Alcoholic beverages. Seo that title -�� Drinking In public................................. 24.81 Supp. No. 37 3077 X537 , ■ IOWA CITY CODE Section WIRING Electricity (generally). See that title WORDS AND PHRASES General definitions for interpreting code ................. 1.2 WRECKS Mayor as chief city representative .... ................. ............. . 246 TrnMc accidents .................................... 2348 at seq. Traffic. See that title WRITS, WARRANTS AND OTHER PROCESSES Computation of time re .............................:. 1-2 Human rights complaint procedures .............1...... 18.1 at seq. Human rights. See that title - WRITTEN, IN WRITING Defined ............................................ 1.2 Y YARD WASTES Disposal ........................................... 15.150 Garbage and trash. Seo that title YARDS AND OPEN SPACES Housing standards to light and ventilation ............... Housing. See also that title 17.8 . " Zoning requirements ......................... :....... 36.1 at seq. Zoning. See that title YEAR, MONTH " Defined ............................................ 1.2 L.. ZONING Aocerory ur and bulidingregtllatiow _. 3"7 Permitted eoeenory urs end bulldiap 88118 Additional regllletlons .___,,,____„_„,•__ �" Bull at r9. Advertising Signs. See within this title that subject Airport using................................................................... 4.71 at seq. Airports and aircraft. See that title Airports, heliports snd helletop Additional regulations, uss end requimm rds 38.86 Alteration, structural Nonconformitir..................... ....... _.._............. __. 88.78 Supp. No. 37 3078 IS37 r c. t 9 CODEINDEX ZONING—Cont'd. Section Office zones C0.1—Commercial office zone. Seo within this title that subject ORP—Office and research park zone. See within this Lille that subject OFP—Flwdplain overlay zone Established ...................................... 36.31(8) Flood hazard overlay zones. See within this title that subject Requirements..................................... 36.33(b) Uses permitted.................................... 36.33(a) OF1V—Floodway overlay zone Established ...................................... 36.31(8) Flood hazard overlay zones. See within this title that subject Requirements..................................... 36.34(d) Uses and structures prohibited ................... 06-34(c) Urea permitted................................... 36,74(a) Uses permitted by special exception ................... 36-34(b) OHP—Histaric pra,rvn!ion overlay zone ' Description l.........................• 36.53(b) Procedures far designation of zones .................. 36.54 Purpose.......................................... 36-53(a) ��. OPD•H•Planned development housing overlay zono Generally........................................ Regulations...................................... 3647 Open storage, performance requirements 36.48 . . .............. ORC—River corridor overlay zone 36.76 Boundaries....................................... Definitions 36.g4(e) ....................................... Establishment.................................... 3644 45 ........................................ Finding..................................................... 36-04(d) General requirements .............................. 3644(x) 3646(b) Intent .................................... Permitteded useueca 3644(c) ............ ........................ Purpose 36-06(0) neem ement ...... ........................ Site plan requirements 3644@1 sass ....................... .. Special Provisions 3646(c) ......... ........................ Ornamental feature., permitted obstructions in 3646(d) yard......, ORP—Office and research park was 36.68 Dimensional requirements ...................... Floor area ratio, maximum building bulk 36.25(.) ............... General Previsions 36 ............. I................. Height, maximum building bulk 36.25(p) ...................... Intent 36.25(.) .......................... • Lotnrea, dimensional requirements ................... 36.25(a) 36.25(c) Lot coverage, maximum building bulk,,,,,,,, ,,,,,,•„ necessary uses and buildings,,,,,,,, 36-25(c)Permitted 3666 Supp, No. 37 3087 c. t 9 IOWA CITY CODE ZONING—ConVd *Section Permitted uses .................................... 3635(b) Provisional uses ................................... 36-25(c) Special exceptions ....................... I......... 36-25(d) Special provisions ................................. 36-25(e) Yards, dim4mional requirements ..................... 36-25(e) Overlay zones Historic preservation overlay zone .................... 3653 at seq. Planned development homing overlay (OPD-H)wne ...... 3647 - River corridor overlay (ORC) zone ..................... 3644 at seq. P—Public zone Dimensional requirements .......................... 3630(e) General provisions ................................. 36-30(0 Intent ........................................... SUD(a) Permitted uses .................................... 3630(b) Provisional uses ................................... 36-30(c) Special exceptions ................................. 3630(d) Special provisions .................................. 3630(g) Parking and storage Off-street parking requirements ...................... 3658 Performance requirements for special vehicle and water• craft puking and storage ........................ 385S(g) Particulate matter Performance requirements ..................... 36-76 Performance requirements Generally ........................................ 3676 Glare ........... 1. . I............................. 36-76 Odor ................................. I I ......... 36-76 Particulate matter, requirements ........... I ......... 36-76 Requirements ..................................... 3676 Screening .............................. I......... 36-76 Sewoge wastes ........................... I........ 36-76 Smoke, requirements ............................... 36-76 Storage .................................. I....... 36-76 Toxic matte ...................................... 38-76 Vibration ........................................ 36.76 Permits Fears permits ..................................... 36-65(d) Signs. See within this title that subject Permitted uses Zones, permitted uses for. See within this title various zones as indexed Pet animals, requirements ............................ 7.20 Supp. No. 37 3088 IS -37 I I . , CODS MD6Z ZONING—Cont'd. Section Locational requirements ............................. action Maintenance ..................................... .36838) Nonconforming signs ..........................:.... 3M3(h) Permits Applications for ................................. 3884(e) . Expiration ...................................... 3644W Fees ........................................... 3684(1) Illuminated signs ................................ 3684(d) Issuance ....................................... 3684M Required ....................................... 3884(6) i Permitted signs Allzones ................................... 3682(a) .... Specific zones ................................... 3882(1) Prohibited signs .................................... 3882(6) Removal ....................... •• ... 38830 Residential zones, signs adjacent to .................... 3683(1) Special provisions ..........................:...... 98.83(1) Yards, permitted obstructions in ...................... 3668 SingWomily dwellings Nonconformitles.................................. .9678 Single-family zones /-- RSZ—Low density singla•family zones. See within this title that subject j RS-8—Medium density single-family residential zones. See within this title that subject RS12—High density singlofamily residential man. Seo within this title that subject Smoke Performances requirements ...... 36.76 Special exceptions .................. • ........ ...... 36.36 Zones, special exceptions for. See within this title various i zones as Indexed Special provisions ! Zones, special provisions for. See within this title various zones as Indexed Stables, additional regulations ......................... 98.66(n) Stairways, unenclosed Permitted obstructions in yard ...............•,,,,.,• 36.68 Storage, performance requirements ..................... 36.76 Structures Nonconformingstructures ........................... 38.81 Subdivision regulations ...... 1.... I .................. 32.1 at seq. Subdivisions. Seo that title Swimming pools Permitted obstructions in yard ................ I...... 36.88 Telephones Permitted obstructions in yard ....................... 36.68 Supp. No. 37 3093 i 6 IOWA CITY CODE ZONING-0ont'd. Section Toxic matter, performance requirements ................. 38.76 Tres regulations General applicability ..............................• 36.72(6) — General provisions ................................. 36.72(g) .Installation ...................................... 9.8.72(d) . '. .; ... Maintenance ..................................... 36.72(0 Plentingsizes 36.72(s) ..................................... Purpoce 36.72(a) .......................................... Recommended species of trees ........................ 3672(c) Site plan .............. . .......................... 36.72(b) Trees; adjacent to and withinatreet rightof••way .......... 3673(e) Trees and private property for parking areas........... 36-73(6) ' Trans on private property for residential uses.......... 36.73(c) .. ., _. . Townhouses,additional regulations ..................... 9866 Use requirements, additional regulations ................. 3656 Uses Nonconformities, nonconforming uses ................. 36-80 Uses and requirements, principal ....................... 365 et seq. Vehicles Spmdel vehicle and watorcrolt parkin:; and storage; per. . formance requirements ......................... 3656(g) - Vibration, performance requirements ................... . 3&76 Violations .................... 36-89 Watercraft parking and storage Performance requirements .......................... 3668(8) Windows Permitted obstructions in yard ........... . ........... 36.68 Yards Dimensional requirements .......................... 38.87 'Dimensional requirements for yards and zones. See within this title various zones as; indexed " Permitted obstruction in yards ....................... 36.68 -- Zones ,. Rules of construction for boundaries of zones............ 36-87 Specific zones. Sea within this title specific named zonae as - - Indexed Supp, No. 37 3094 �a . ...:. 107 9 3�) RESOLUTION NO. 88-215 RESOLUTION ACCEPTING THE SANITARY SEWER AND PAVING IMPROVEMENTS FOR WASHINGTON PARK ADDITION, PART 10 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements that include 888 feet of 8 -inch diameter VCP, and three manholes for Washington Park Addition - Part 10, plus 10 additional feet of 8 -inch diameter VCP and a manhole extended into the property north of this subdivision, as constructed by Weber Brothers Construction Co. of Mechanicsville, Iowa. Portland cement concrete paving of 128.5 feet of Green Mountain Drive, 28 feet wide in conjunction with Washington Park Addition - Part 10, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Ambrisco and seconded by Florowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ X LARSON X McDONALD Passed and approved this 18th day of October, 1988. MgAY AP R 111* AS 0 FORM ATTEST: //Iiy:� �) Yo .7 � -/ �O//3/tSBr CITY CLERK Legal Department 9 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT October 12, 1988 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements that include 888 feet of 8 inch diameter VCP, and three manholes for Washington I Park Addition - Part 10, plus 10 additional feet of 8 inch diameter VCP and a manhole extended into the property north of this subdivision, as constructed by Weber Brothers Construction Co. of Mechanicsville, Iowa. Portland cement concrete paving of 128.5 feet of Green Mountain Drive, 28 feet wide in conjunction with Washington Park Addition - Part 10, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. R ectfu11 su muted, 7� �1 Frank K. Farmer, P.E. City Engineer RESOLUTION NO. 88-216 RESOLUTION CONSENTING TO THE VACATION OF A PORTION OF CLEAR CREEK SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the proprietor, Clear Creek Investment Company, seeks to vacate that portion of Clear Creek Subdivision known as Parcel C; and WHEREAS, Parcels A and B will continue to be part of Clear Creek Subdivision; and WHEREAS, no public improvements or utility easements will be affected by the proposed vacation; and WHEREAS, vacation of Parcel C will not affect the 33 -feet of right-of-way along Camp Cardinal Road that was dedicated with the plat in 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Pursuant to Section 409.19 of the Code of Iowa, the City Council hereby consents to the vacation of Parcel C of Clear Creek Subdivision, as recorded in Plat Book 25, Page 53, with the understanding that it does not include vacation of the dedicated 33 - feet of right-of-way along Camp Cardinal Road. It was moved byand seconded by Horowitz the Td Resolution be adopte , upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco R Balmer X Courtney R Horowitz X Larson X McDonald Passed and approved this 18th day of October 1988. L& zei Ol�ct J YOR Approved as to Form ATTEST: //In.i Jn IJ ' l—(lam 10 ' d r CIT 'CLERK 7 Leg 1 Departmen i STAFF REPORT To: Planning and Zoning Commission Item: S-8419. Clear Creek Subdivision GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Prepared by: Barry Beagle Date: October 6, 1988 Clear Creek Investment Co. 1130 Merchants National Bank Cedar Rapids, Iowa 52401 Vacation of a portion of Clear Creek Subdivision. To resolve a conflict with the approval of the original plat. Northwest Iowa City, north of Melrose Avenue. via Camp Cardinal Road. Size: Approximately 327 acres. Existing land use and zoning: Agricultural; ID -ORP. BACKGROUND: In accordance with Section 409.19 of the Code of Iowa, the applicant Proposes to vacate a portion of Clear Creek Subdivision. On June 19, 1984, the City Council approved the preliminary and final plat of Clear Creek Subdivision, establishing a three lot, 330 acre subdivision in northwest Iowa City. (See Attached Plat) Parcels A and B were sold to Mr. Alan Nagel, who continues to own the tract of land between the two parcels, with the remaining approximate 327 acres (Parcel C) retained by Clear Creek Investment Co. At the time of the subdivision request, it was not detected that Parcel C overlapped the corporate boundaries and should have also received the approval of Johnson County. This discrepancy was not discovered until recently and has placed a cloud over the title for each of the lots in the subdivision. As not to endanger the entire subdivision, the applicant proposes to vacate Parcel C from the sub- division leaving Parcels A and B as Clear Creek Subdivision. Upon vacation, Parcel C will be described by metes -and -bounds description. The 1984 plat provided for the dedication of 33 feet of right-of-way to the City along the subdivisions frontage with Camp Cardinal Road. The proposed vacation will not affect this dedicated right-of-way. There are no public improvements or utility easements extending through or into the subdivision that would need to be retained or protected. STAFF RECOMMENDATION: Staff has no objection to the proposed vacation of Parcel C from the plat of Clear Creek Subdivision and recommends that the City Council be advised to give its consent. 15:0- A Page 2 ATTACHMENTS: 1. Location Map. 2. Preliminary & Final Plat of Clear Cre;Dnald "hmeisertZDMei Approved by: tor Department of Planning and Program Development �ss� LOCATION MAP S-8419 Probe- ad Par l C` \/a ratirr q I xa 1 r I AA V 1 Olx i t s Na i.n. Company E 49 udb Ne 524 Bxrlk eld6. Ida, Ion 52401 ,;;• rl M 1 11 �. MULLEN �— -- — "•' �OtNG nn %N 52240 :: '^ ' p•[_ I. ��qq�� `pr • _ Q �L I Ijlnu3! C .0s" Sv.., P.O. 241 500'6 ,, IOQe 32241 w I r.lrtln L i:; w r,Il_IN 4rrr:W Irirl � �i'� „rs, I,i 11. • n P,r.IF.. I,IIw„ 4� •r MI. M,x . ru_ N"p . _. �� li':"7'"r^u"i:Iu .iNi TI:P:':+::::ro • 19•'1 1 •11 NU .n..;IN� 1 IN rl • Yf ••1T • 1_ :�•'. . r ,.;; w.�,_ w .. C. 5 SLc. L:: r. �'i ai,• 4 nv �'i.Iw vr::,'..'i ` u N. SS I im jl I:. s r«.wim; M::'Mxrlwl 1_':ir'rfl:nr NY ry i i'N•'x'i«::::::'::u' n::.i C::::"la:'«.:'««:I,.'1••L:u'a:"n':::::n_.r Pr,:'::'w°I ::f«• :ii .wlu 2• pi'tz^:'6P A'iL:^L: "':[P:';_•: T (1r;W .... 414:.':CL'f"G:':7:.i:'«:dL'T.f':L _I,. a'LII:,:i.";„: L';.' .'I " "„«"«. ... ....x.,w..1�'N•"".{.e �':'::«P'N•.�e.y;lr .r rnl •IImIN�•«II'I�nW.. \....... D...... Iw:�'m I::i " MI)'Y•r,'lfl.W 1..1N.ill..., .fO.tl...,N.11.wN.,Ir 1.....,..1 ,NN..n,.,in. =....nwr.rr .. nb�nr (1i,m4�.1.•r ut ucxw[xr—,nr�#"M'1,.. „•9i�',•>aL'LT'm 1, Im.n•n• r ' PRELIMINARY. a FINAL PLAT RIw, w APPROYIT BTI CITY OF INA CITY, IOWA CIA'r tle I A ILLINOIS OA •AND ELECTRIC M RTTII r I/AN BELL TELPJ1101R HAYAEYE CARLETISION 8414 9 Ir 1 a9 19;t SSL SSS` S�vlp' SS\IP• 1P• p. i[4[ 1•.l�p �� L\ �B PONT !x ... f[c.... 1 ........ n?- �- t ¢IxYrnr n[ owx[xr , i q I xa 1 r I AA V 1 Olx i t s Na i.n. Company E 49 udb Ne 524 Bxrlk eld6. Ida, Ion 52401 ,;;• rl M 1 11 �. MULLEN �— -- — "•' �OtNG nn %N 52240 :: '^ ' p•[_ I. ��qq�� `pr • _ Q �L I Ijlnu3! C .0s" Sv.., P.O. 241 500'6 ,, IOQe 32241 w I r.lrtln L i:; w r,Il_IN 4rrr:W Irirl � �i'� „rs, I,i 11. • n P,r.IF.. I,IIw„ 4� •r MI. M,x . ru_ N"p . _. �� li':"7'"r^u"i:Iu .iNi TI:P:':+::::ro • 19•'1 1 •11 NU .n..;IN� 1 IN rl • Yf ••1T • 1_ :�•'. . r ,.;; w.�,_ w .. C. 5 SLc. L:: r. �'i ai,• 4 nv �'i.Iw vr::,'..'i ` u N. SS I im jl I:. s r«.wim; M::'Mxrlwl 1_':ir'rfl:nr NY ry i i'N•'x'i«::::::'::u' n::.i C::::"la:'«.:'««:I,.'1••L:u'a:"n':::::n_.r Pr,:'::'w°I ::f«• :ii .wlu 2• pi'tz^:'6P A'iL:^L: "':[P:';_•: T (1r;W .... 414:.':CL'f"G:':7:.i:'«:dL'T.f':L _I,. a'LII:,:i.";„: L';.' .'I " "„«"«. ... ....x.,w..1�'N•"".{.e �':'::«P'N•.�e.y;lr .r rnl •IImIN�•«II'I�nW.. \....... D...... Iw:�'m I::i " MI)'Y•r,'lfl.W 1..1N.ill..., .fO.tl...,N.11.wN.,Ir 1.....,..1 ,NN..n,.,in. =....nwr.rr .. nb�nr (1i,m4�.1.•r ut ucxw[xr—,nr�#"M'1,.. „•9i�',•>aL'LT'm 1, Im.n•n• r ' PRELIMINARY. a FINAL PLAT RIw, w APPROYIT BTI CITY OF INA CITY, IOWA CIA'r tle I A ILLINOIS OA •AND ELECTRIC M RTTII r I/AN BELL TELPJ1101R HAYAEYE CARLETISION 8414 9 IP j RESOLUTION NO. N88-217 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost of $125,000.00 for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10_30 a.m. on the 17th day of November, 1988. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 730 p.m. on the 29th day of November, 1988, or at such later time and place as may then be fixed. It was moved by Ambrisco and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald Passed and approved this 18th day of October, 1988. i ATTEST: 22ii J CITY -CLERK (= .6e FORM W /SS6 RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF MADISON STREET RIGHT-OF-WAY BETWEEN MARKET STREET AND BLOOMINGTON STREET TO THE UNIVERSITY OF IOWA. WHEREAS, this City Council did, pursuant to Ordinance No. , passed and approved the day of , 1988, vacate a portion ofad' n Street right-of-way between Market Street and Bloomington Stre t. Said parcel is legally described as follows: Beginning at he Southeast corner of V as recorded in Plat Book 2, p ge 73, in the Johnson Corder's Office an the Westerly ri ht -of -way line of Madiet; thence North 00000'00" East long the Westerly rigline of Madison Street 405.00 fee to a point; thence N0'00" East 24.00 feet to a point; thence South 90°00'405.00 feet to a point; thence South 0°00'00" West 24.to the point of beginning. Said pa el contains 9,720eet (0.22 acres, more or less). WHEREAS, the University of Io accommodate construction of th WHEREAS, the disposition of University agreeing to reconst that may be damaged during Building and to designate a p area where it partially or perpetual maintenance. needs to acquire this right-of-way to new Las 'r Laboratory Building, and \Ca/ny right-of-way is contingent upon the portions of an existing sidewalk uction' of the new Laser Laboratory n easement in the proposed vacated tely covers the sidewalk to assure NOW, THE BE IT RESOLVED BY THE C\YCOUNCIL OF IOWA CITY THAT: The City Council does herejfy declare itent to convey its interest in the above-described va ted right-ofto the University of Iowa, subject to the Universi agreeing to the ab ve-mentioned contingencies. AND, BE IT FURTH/RELVED THAT: A public hearing proposal be set for Nov,the City Clerkd is hereby authorized, cause Notice of earing to be published as to the proposal fter set forth. It was moved y and seconded by Resolution be adopted, and upon roll call there were: A ES: NAYS: ABSENT: 1, 1988, and that ered and directed to ided by law relative Ambrisco Balmer Courtney Horowitz Larson McDonald the 9 4 Resolution No. Page 2 Passed and approved this day of I ATTEST 1988. Approved as to Form ry�[�- 10-13-,y9 Lega Department i i i j �S� ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ALCOHOLIC BEVERAGES," BY (1) AMENDING SECTION 5-1 THEREOF TO PROVIDE DEFINITIONS OF RESTAURANT AND OF TEMPORARY OUTDOOR SERVICE AREA AND TO UPDATE OTHER DEFINITIONS, (2) BY AMENDING SECTION 5-6 RELATING TO DANCING PERMITS FOR LICENSED ESTABLISHMENTS, (3) BY REP ALING SECTION 5-33 RELATING TO THE DURATION OF PERMITS AND L NS ES, (4) BY AMENDING SECTION 5-41 TO REVISE REGULATIONS GARDING OUTDOOR SERVICE AREAS, AND (5) BY ADOPTING NEW SECTIO 5-42 AND 5-49 THRO GH 5-52 RELATING TO THE REGULATION 0 TEMPORARY OUTDOOR SER ICE AREAS AND SEASONAL AND FOURTEEN -DAY LICENSES AND PERMITS. BE IT ORDAINED B\te CITY COUNCIL OF THE CITYJOFIOWA CITY, IOWA: SECTION I: That C 5 of the Code of Ordina of the City of Iowa City, Iowa, be, ansame is hereby amendedepealing Section 5-1 thereof, and enactlieu thereof a new s otion to be codified the same to read as fol "Sec. 5-1. Definit The following definitions shall apply to/this chapter: (a}(1) Alcohol means the pro ct of dis 117ation of any fermented liquor rectified one or more mes, w tever may be the origin thereof, and includes synthetic a hyl a cohol. (2) Alcoholic beverage means beverage containing more than one- half of one percent of a) o of by volume, including alcoholic liquor, wine, and beer. (3) Alcoholic liquor or Intoxicag ti liquor means the varieties of liquor defined in subsections )(1) and (s)(1) which contain more than five percent' of alcoho by weight, beverages made as described in subsection (b)(1) whi h beverages contain more than five percent of alcohol by weigh but which are not wine as defined in subsection (w)(1), and every other liquor or solid, patented or not, containing spirits �d every beverage obtained by the process gescribed in subsection! (w)(1) containing more than seventeen percent alcohol by wei ht, and susceptible of being consumed by a human being, for beverage purposes. Alcohol manufacturedi this state for use as fuel pursuant to an experimental istilled spirits plant perm or its equivalent issued by th federal bureau of alcohol, tob co and firearms is not an alcoh lic liquor. (b)(1) Beer means any liquid capable of being used for verage purposes made by a fermentation of an infusion in po able water of barley, alt, and hops, with or without unmal d grains or decortic ted and degerminated grains or made by the fermentation of or b distillation of the fermented products of uit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than ls-4,�' O Ordinance No. Page 2 five percent of alcohol by weight but not including mixed drinks or cocktails mixed on the premises. (c)(1) City council or local authority means the City Council of the City of Iowa City, Iowa. (2) Club means any non-profit corporation or association of indi- viduals, which is the owner, lessee, or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership. (3) Commercial -,,,establishment means a place of business which is at all times nipped with sufficient tables and seats to accom- modate twenty ive (25) persons at one time, and the licensed premises of wh,14 conform to the standards and specifications of the department. (4) Council means the be r and liquor control council established by state law. / (d)(1) Director or administrat< sion, appointed pursuant Iowa Code, or the admini (2) Division or department m the Iowa Department of Ci Iowa Code. (e) -(g) Reserved. the administrator of the divi- provisions of Chapter 123 of the s designee. a alcoholic beverages division of @stablished by Chapter 123 of the (h)(1) Hotel or motel means a premise license by the Iowa Department of Inspections and App6als, and regularly seasonally kept open in a bona fide manner for the lodging of t nsient guests, and with twenty (20) or more sleeping rooms. (i) -(k) Reserved. (1 (1) Legal age means twenty-one (21) years of age or more. (2) Licensed prem ses or premises means all roo , enclosures, contiguous ar as, or places susceptible of preci a description satisfactory o the administrator where alcohol c beverages, wine, or bee is sold or consumed under authorit of a liquor control licen e, wine permit, or beer permit. A single licensed premise may consist of multiple rooms, enclosures, areas or places if t ey are wholly within the confines of a single building or c ntiguous grounds. (m) -(n) Reserved. (o)(1) Outdoor service area means an area outside of but immediately adjacent to a building housing a licensed premises, which area has been approved for use for the sale, dispensing or consumption of alcoholic beverages or beer pursuant to the provisions of this I Ordinance No. Page 3 chapter, Chapter 123 of the Iowa Code, and Chapter 150 of the Iowa Administrative Code. An outdoor service area shall include any outdoor area where beer or liquor is to be sold, served, carried, or consumed by the public and shall be considered as part of the licensed premises. The same federal and state laws and local ordinances which apply to the licensed premises shall also apply to the outdoor service area. (p)(1) Permit or license means an express written/,a/uthorization issued by the department for the manufacture r sale, or both, of alcoholic liquor, beer, or wine. (2) Person mean any individual, associat on, partnership, corpora- tion, club, otel, motel, or municipal corporation owning or operating a ona fide airport, marina, park, coliseum, auditorium, or r creational facili-ty in or at which the sale of alcoholic liquor r beer is only an incidental part of such ownership or opera on. (3) Person of good moral haracter means any person who meets all of the following require nts: (a) The person has su inancial standing and good reputation as will satisfy t e administrator that the person will comply with this c apter and all laws, ordinances, and regulations appl ab to the person's operations under this chapter. (b) The person doe not poss s a federal gambling stamp. (c) The person 's not prohib ted by the section 5-38 from obtaining a liquor contro license or a wine or beer permit. (d) The perso is a citizen of the ited States and a resident of this s ate, or licensed to do usiness in this state in the case of a corporation. Notwi hstanding paragraph "f" in the ase of a partnership, onl one partner need be a residen of this state. (e) The pe son has not been convicted of a elony. However, if the pe son's conviction of a felony occu red more than five years before the date of the applicatio for a license or permi 'and if the person's rights of ci izenship have been resto ed by the governor, the administrator may determine that he person is of good moral character notwithstanding such onviction. (f) If such person is a corporation, partnership, association, club, or hotel or motel, the requirements of this subsec- tion shall apply to each of the officers, directors, and partners of such person, and to any person who directly or indirectly owns or controls ten percent or more of any class of stock of such person or has an interest of ten percent or more in the ownership or profits of such person. I& -Z3 N Ordinance No. Page 4 (4) (5) (2) (3) (4) (s)(1) Prohibited sale of alcoholic liquor or beer under this chapter includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other trafficking for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person. Public place means any place, building, '/conveyance to which the public has or is permitted access. Reserved. Residence means the place where a person resides, permanently or temporarily. Restaurant ans a business whose primary function is the service of food to cu omers and which meets the following criteria: (a) serves hot meals prepared and cooked on the premises for consumption n the premises; (b) has a food ser ice menu from which customers may order; (c) has an employee hose primary duty is the preparation of food, and an empl ee whose primary duty is to serve food to customers; (d) has ,\e kitchen separat from the bar which is equipped with a microwave oven, stov griddle, grill, or broiler, and a food refrigeration unit with a capacity in excess of 20 cubic feet; (e) operates the'restaurant ser ice during at least 60% of the hours thathe business is op n to the public; and (f) holds its f out to be a restau ant, and advertises itself as a rest urant if it advertises. Retail beer p rmit means a class "B" or "C" beer permit issued under the pro isions of this chapter and st to law. Retailer mea s any person who shall sell, bar r, exchange, offer for sale, r have in possession with ante t to sell, any alcoholic 1 quor for consumption on the premise where sold, or beer for co sumption either on or off the premise where sold. Spirits mea s any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, but not limited to, brandy, rum, whiskey, and gin. Temporary outdoor service area means either an area outside of but immediately adjacent to a licensed premises which is approved /Si 6 Ordinance No. Page 5 for the temporary sale of liquor, beer, or wine under the license or permit for that premises, or an area not within a building which is licensed for the temporary sale of liquor, beer, or wine under a seasonal or fourteen -day license or permit. (u) -(v) Reserved. j (w)(1) Wine means any beverage containing more than five percent but not i more than seventeen percent of alcohol by w ght obtained by the fermentation of the natural sugar contents of fruits or other agricultural products, but excluding #y product containing alcohol derived from malt or by the d'stillation process from grain, cereal, molasses or cactus. SECTION 2: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be,and the me is hereby amended by repealing Section 5-6 thereof, and enacting in �tigU'thereof a new section to be codified the same to read as follows: "Sec. 5-6. Dancing restri ted in connection with business. (a) When allowed. Dancing is ereby authorized in connection with the sale of liquor or beer by th drink in establishments having at least 150 square feet of floor spac ,vailable for dancing. (b) Permit required. It shall be%nlawful for any license or permit holder under this chapter to at ow dancing in connection with the operation of such business without first securing a permit therefor from the city clerk. (c) Permit application. A �ified app 'cation for a permit to allow dancing in connection wi the sale o liquor or beer by the drink shall be filed with th city clerk an shall contain the following information: (1) The name and addr ss of the applicant. (2) The location of he place of business herein dancing is to occur in canju ction with the sale of 1 quor, beer, or wine by the drink. (3) That the appli ant is a bona fide holder of a liquor control license or a eer or wine permit. (4) That the app icant consents to the entry of members of the city police, fire and health departments without a search warrant to inspect the remises for violations of this ordinance. (5) A statement from he chief of police, the fire chief, and the building insp ctof�that the premises comply with the ordinances of the city and the statutes of the state. (6) A detailed sketch and description of the premises. Such sketch shall include all rooms or enclosures which are operated in connection with the liquor control license or beer or wine Ordinance No. Page 6 permit wherein the dancing shall be allowed and shall show the area designated for dancing and its dimensions. (7) A check, money order, or bank draft for the permit fee required by the provisions of this section. (d) Fee for dancing permit. The annual fee for a dancing permit shall be in the amount set by the council by resolution. I Such fee shall be prorated for fractions of the square foot requirements. The initial permit shall be valid for the same time period/as applicant's liquor control license, or beer or wine permit, and the cost shall be prorated on that basis of time. I (e) Permit issuance. If an application is in/ the proper form, the city clerk shall place the application on the agenda of the next regular council meeting at which the city council may by resolution grant a permit ifthis se ion has been complied with. If the resolution is I approved, the city c ncil shall is s e a permit to the applicant. (f) Revocation of permit. the event that a dancing permittee violates any of the provisions of his chapter, or chapter 123 of the Code of Iowa, the dancing permit all be automatically revoked, and no refund shall be made of the p mit fee. (g) Refunds. Any dancing permit a who shall voluntarily surrender a dance permit shall be entitl4d to a refund for the balance of the term remaining." i SECTION 3: That Chapter 5/eis the Code of rdinances of the City of Iowa City, Iowa, be, and the samehereby amende by repealing Section 5-33. I SECTION 4: That Chapter 5 oe Code of Ordinan es of the City of Iowa City, Iowa, be, and the sahereby amended b repealing Section 5-41 thereof, and enacting in 1'hereof a new secti to be codified the same to read as follows: "Sec. 5-41. Regulatio of outdoor service areas. The operation of a outdoor service area shall be subject to the following terms, Condit" ens and regulations. (a) Outdoor service a eas must be located on priv a property and may not encroach on any public right-of-way e - pt as provided in Section 9.1-8 of the Cit Code of Ordinances. (b) An outdoor servi a area shall i� be located on any side of a licensed establishment whi 0 fronts on a street, unless (1) the building is set back a mi mum of 20 feet from the street right-of- way line, (2) there /is a minimum of 500 square feet of private property on that sid sof the building available and proposed for use as an outdoor service area, and (3) the outdoor service area is being operated in conjunction with a restaurant as defined in Section 5-1. (c) Outdoor service areas shall be screened on all sides from public view. Screening shall consist of a fence or other suitable barrier /5LJ Ordinance No. Page 7 j of not less than five (5) feet in height nor more than eight (8) feet in height. It shall be of solid construction which will effectively prevent ingress or egress from the premises except by way of an emergency fire exist only. Such fire exit shall be required of all outdoor service areas. (d) Outdoor service areas shall not be accessible except from the licensed premises which it adjoins. The required fire exit shall be an emergency exit only. (e) An outdoor service area must be immediately adjac/nt to the licensed i establishment of which it is a part. (f) An outdoor service area shall be permitt�din any C (commercial) Zone, as pro ided by Chapter 36 hereof, {irovided that an outdoor service area hall not be permitted if a4y part thereof lies within 100 feet of an R (residtial) Zone. /In the event that property within 100 feet fan estaenblished out d9or service area is rezoned to any R (residentia Zone classification, such outdoor service area j shall be permitte to continue id operation so long as it is continuously authoriz as such by the City Council without lapse, suspension, or revocat'on. The City Council may waive operation of this provision to permit antinuedjoperation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment, or in t evdnt of lapse or suspension of City Council authorization for the outdoor service area. I (g) Outdoor service areas shall comp with appropriate building, housing and fire codes and with all gther placable state and city laws. (h) Seating or other accommodations in an utdoor service area shall not exceed one person per (15) square feet of floor area /fifteen accessible to the public. (i) Amplified sound equipme t shall be prohib ed in outdoor service areas. Compliance wi the city noise ordin nce shall be required. Additional advertising or identification ignage beyond that permitted for the main licensed establishment shill not be permitted. (j) The owner or operatoF of an outdoor service area shall be required to j observe the same pea square foot occupancy limits that apply to the building which iV abuts. The occupancy limit for each outdoor service area shall be determined by the city building official. In the event inclement weather requires early closing of the outdoor service area, the license or permittee shall not allow patrons of the outdoor service area to enter that portion of the licensed premises housed in the ad acent building if to do so would result in exceeding the occupancy imits therefor as determined by the city building official.' SECTION 5: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding thereto the following new section to be codified as Section 5-42, to read as follows: 150 Ordinance No. Page 8 "Sec. 5-42. Temporary outdoor service area operated in conjunction with a licensed premises. (a) An application for permission to operate a temporary outdoor service area in conjunction with a licensed premises shall be made upon the form provided by the city. Such application may be made at any time. The application shall include all information required to be submitted with applications for beer and liquor licenses. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council, and shall be accompanied by payment of an inspection fee as set by the City Council by resolution. Approval ,by the city council of a temporary outdoor service area shall ¢4� by letter to the department with regard to the diagram, dram shop insurance coverage and all other state requirements. (b) Approval or disa roval of an applicatiod for a temporary outdoor service area sha be at the discretion of the city council. Such discretion shall be exercised with d6e regard to public health, safety and welfare co \ice ions. (c) A temporary outdoor sarea cdn be operated in conjunction with a licensed establishmenot -more than two occasions in the licensing year for thablishment, and for not more than three days per occasion./ (d) A temporary outdoor service ar shall be subject to the regulations and requirements set forth 'n ection 5-51. Inspections shall be made as necessary prior t9 is once of the approval letter tc determine if the temporary out or service area will conform with said regulations and requirements. i (e) Permission to operate' tdoor service area may be suspended or revoked pursuant to the prod dure and for the same cause as provided in Section 5-44." SECTION 6: That Chapter 5i�f the Code of Ordinanc of the City of Iowa City, Iowa, be, and the same is hereby amende by adding thereto the following new section to be codified as Section 5-49, to read as follows: "Sec. 5-49. Seasonal or Fourteen -Day Licensed or Permit - Approval Required. Any person desirin to sell liquor, beer, or wine utilizing a seasonal or fourteen -day licen a or permit, as authorized by Section 123.34 of the Iowa Code, must make application therefor and must obtain the approval of the city council and of the Department." SECTION 7: That Chater 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, a d the same is hereby amended by adding thereto the following new section to be codified as Section 5-50, to read as follows: "Sec. 5-50. Application for Seasonal/Fourteen-Day License or Permit. 0 9 Ordinance No. Page 9 (a) An application for a seasonal or fourteen -day license or permit shall be made upon the forms provided by the city. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council. Approval by the city council of an application for a seasonal or fourteen -day license or permit shall be endorsed on the application and sent to the department, along with the diagram, dram shop insurance, and all other state required documents. (b) If sales under such license or permit are to occur outside of a building, the temporary outdoor service area within which such sales are to occur shall be clearly identified on a d' gram which shall accompany the application. The diagram shall so set forth and identify (1) the lot and street address of a temporary outdoor service a ea; (2) the location of street and alleys adjacent thereto; (3 the ownership and use of all butting private proper- ties; (4) the ocation of all security fe in around the temporary outdoor service area, and (5) the locati n of the entrance to and of all exits from th temporary area. (c) Upon submitting an a lication for a seasonal or fourteen -day license or permit, the appli nt she pr vide the name and address of the owner of each abutting roperty a well as every other property which is within one hundred 00) fe of applicant's premises. The city will then notify these prdRerty owners by letter of the nature of the application and the date n time when it will appear on the agenda for approval by the city cou ill so that these property owners will have an opportunity to commg on the application if they wish. (d) Approval or disapproval o an ap ication for a seasonal or fourteen - day license or permit sh 1 be at 4e discretion of the city council. Such discretion shall Ye exercised ith due regard to public health, safety and welfare con iderations." SECTION 7: That Chapter City, Iowa, be, and following new section t� "Sec. 5-51. outdoor service licenses. ff of the Code of Ordi'm he same is hereby am be codified as Section ions and requirements and to seasonal and of the City of Iowa by adding thereto the to read as follows: to temporary permits and The sale of 1'quor or beer in a temporary outdoor service area, or under a seasonay or fourteen -day license or permit, shall be subject to the following r gulations and requirements. (a) Temporary sales under a seasonal or fourteen -day license or permit may be conducted in a building owned or leased by the applicant or in a clearly designated temporary outdoor service area owned or leased by the applicant. A temporary outdoor service area must be located on private property and may not encroach on any public right-of-way. Ordinance No. Page 10 (b) A temporary outdoor service area operated in conjunction with a licensed establishment shall not be located on any side of the licensed establishment which fronts on a street, unless (1) the building is set back a minimum of 20 feet from the street right-of- way line, (2) there is a minimum of 500 square feet of private property on that side of the building available and proposed for use as an outdoor service areas, and (3) the outdoor service area is being operated in conjunction with a restaurant as defined in Section 5-1. (c) The perimeter of temporary outdoor servi a areas shall be double fenced with snow fencing or construction encing not less than four feet in height, with the outside fence 1 led not less than six feet distant from the inside fence. Fencin may be deleted at locations where the tem orary outdoor service a eas adjoins a building. Fire exits which ar emergency exits only shall be provided. A uniformed security offic shall be continu sly present at the site of a temporary outdoo service area if re than one hundred (100) persons are in attendance and an additional uniformed security officer shall be provided fore h additional Pifty (50) persons attending. (d) If a temporary outdJor service `area is operated in conjunction with a licensed establishment, it shall be immediately adjacent thereto and shall not be accessi le except from the licensed premises which it adjoins. (e) Parking shall be provide fora temporary outdoor service area or for a building wherein the s e of liquor or beer occurs under a seasonal or fourteen -day licens permit. The required number of parking stalls shall be is ine by applying the parking requirements for that zone, if any, to that se. (f) The sale of liquor r beer der a seasonal or fourteen -day license or permit may occu in any pr cipal structure which does not house a residential use, egardless o the zone in which it is located and regardless of it proximity to ther residential uses. A temporary outdoor service rea shall be pe itted in any zone, provided that a temporary outdo r service area s all not be permitted if any part thereof lies wi hin 100 feet of a r sidential use. (g) A building ich is utilized for iquor or beer sales under a seasonal or mporary license or permi shall comply with appropriate building, ho sing and fire codes and wi h all other applicable state and city la s, and shall be subject to'nspection prior to issuance of the lic nse or permit and at any time pile being operated under such licen a or permit. (h) Seating o other accommodations in a temporary outdoor service area shall not exceed one person per fifteen (15) square feet of area accessible to the public. A trash container or trash containers equaling 50 gallons in volume, and one (1) restroom/toilet facility, either permanent or temporary, must be provided on the site of the temporary outdoor service area for each fifty (50) people expected to attend. /SG�3 Ordinance No. Page 11 (i) Amplified sound equipment may be operated in a temporary outdoor service area upon issuance of a permit therefore as provided in Section 24.4-6 of this Code. Dancing may occur in a temporary outdoor service area or in a building which is utilized for liquor or beer sales under a seasonal or temporary license or permit upon issuance of a license therefor pursuant to Section 5-6 of this chapter. Identification signage shall not be permitted. (j) The owner or operator of a temporary outdoor service area operated in conjunction with a licensed establishment shall be required to observe the same per square foot occupancy limits that apply to the licensed establishment which it abuts. The occupancy limit for each such temporary outdoor service area shall/be determined by the city building official. In the event incle ent weather requires early closing of such temporary outdoor serice area, the licensee or permittee shall no allow patrons of CChe temporary outdoor service area to enter that ortion of the licensed premises housed in the adjacent building if o do so would y/esult in exceeding the occupancy limits therefor as det rmined by the city building official." SECTION 9: That Chapter 5 thde of Ordinances of the City of Iowa City, Iowa, be, and the Sam is hereby amended by adding thereto the following new section to be co ifi e�'as Section 5-52, to read as follows: "Sec. 5-52. Suspension or Revocation of Seasonal or Fourteen -Day License or Permit. A seasonal or fourteen -day li nse or permit may be suspended or revoked pursuant to the procedure a d for the same cause as provided in Section 5-44." SECTION 10. SEVERABILITY CLAUSE: IX any of the provisions of this Ordinance are for any r ason declared llegal or void, then the lawful provisions of this Or nonce, which ar severable from said unlawful provisions, shall be aid remain in full f ce and effect, the same as if the Ordinance containe no illegal or void p ovisions. SECTION 11. REPEAL : All ordinances or par of ordinances in conflict with the provision of this Ordinance are her by repealed. These are: Ordinance No. 2605 Section XVI, 12/21/71. Ordin nce No. 72-2639, 8/8/72. Ordinance No. 84 13, SEction II, 1., 11/6/84. 0 dinance No. 86-3289, §2 and §3 (part), 6/ /86. Ordinance No. 87-3333, §1, 8/87. SECTION 11. Ef±ECTIVE DATE: This Ordinance shallin full force and effect from hd after its final passage and publ cation as by law provided. Passed and1noroved this MAYOR /5G3 0 Ordinance No. Page 12 ATTEST: CITY CLERK