HomeMy WebLinkAbout1986-05-27 OrdinanceORDINANCE NO.
AN ORDINANCE AMENDING DAPPER 9.1 ("CITY PLAZA') OF
71E CODE OF ORDINANCES OF 71E CITY OF IDA CITY,
IDA, BY PEPEALING SECTIONS 9.1-2, 9.1-3, 9.1-7,
9.1-8, AND 9.1-11 71EREIN AND SUBSTITUnNG 7IEIEFORE
NEW SECTIONS 9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11.
SECTION I. PURPOSE. The purpose of this anard-
marIT-1-s-E-PRO-FiVIUrplaza cafes in City Plaza, to
provide for camercial and ran-cmmercial speech
activities in City Plaza, to provide for specific
criteria for other permitted events in City Plaza,
to provide that the City Manager may, after consul-
tation with the City Attorney, olive insurance re-
quirements for certain events on City Plaza, to
eliminate the provision for automatic one-year
renewals for permits, to provide for specific proce-
dures for revocation of permits, and to provide for
a reap of City Plaza to be kept on file in the office
of the City Clerk.
SECTION II. AMENU4:M. Chapter 9.1 ("City
Plaza) of the Code of ordinances of the City of
Iowa City, Ioe, is hereby a ended as fol los:
1. Section 9.1-2 is hereby repealed and substituted
in its place is the following new Section 9.1-2:
Sec. 9.1-2. Definitions.
[For the purposes of this chapter, the following
terns shall have the meanings stated herein:]
Ambulatory vendor: An individual selling
goods or services while moving through Zones 1,
2 and 3 and operating without the use of a
mobile vending cart or kiosk and with a minimum
of equipment, e.g., balloons, portrait artist.
Audio ambience: A localized use of sound
intended to create a pleasant, relaxing abms-
phere.
City Plaza: That part of City property
extending fr rn the northern rightof-oey line to
the southern right -of -my line of College Street
from the eastern right-of-way line of Clinton
Street to the western rightrof-may line of Linn
Street; and extending from the vkstenn right-
of-vay to the eastern right -of -my line of
Dubuque Street from the southern right-ofway
line of Washington Street to the southern right-
of-way line of College Street. Also, Urban
Penewal Parcel 65-2a, described as follows:
Beginning at the nortloest corner of Lot 4,
Block 65, of the original tarn of Im City,
Iona, according to the recorded plat thereof,
thence along the southerly right-of-vsy line of
Washington Street, 60.28 feet; thence south 00
degrees 43 minutes 36 seconds vest, 59.93 feet
to a point on the easterly right-of-,ey line of
Dubuque Street, thence north 00 degrees 07
90 7
a
minutes 39 seconds west, along said easterly
ricjit-of-way line, 110.65 feet to the point of
beginning.
Kiosk: A well structure that is stationary
and can be either permanent or seasonal in
nature.
Landscaping: Live plant material used
strictly for an omarrental or ecological pur-
pose.
Mobile veiling cart: A non -motorized struc-
ture on wbeels that is easily roved and is used
for veiling.
Mobile vector: Operator of rmbile vending
cart.
Outdoor cafe: An outdoor area immediately
adjacent to a restaurant (food service estab-
lishment) where food and beverages, dispensed in
the food service establishrent, are taken for
consurption by palms seated at tables in the
outdoor area.
Permanent structure: Any structure erected
for a year-round use.
Plaza cafe: An outdoor area in City Plaza
immediately adjacent to a restaurant (food
service establW mt) where food and beverages,
dispensed in the food service establishment, are
taker for consurrption by persons seated at
tables in the outdoor area.
Seasonal construction: Any structure erected
for a seasonal or tarporary activity and which
is removed from the plaza in off-season.
2. Section 9.1-3 is herby repealed and substituted
in its place is the following new Section 9.1-3:
Sec. 9.1-3. Description of mill zones.
(a) Zone 1: The ton -foot strip directly abut-
ting the private property 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 land-
scaped areas, the areas with street furni-
ture and features, and other areas as
specified an nap.
(c) Zone 3: The energmcy/service lane.
The zones are illustrated on the City Plaza nap
kept on file in the office of the City Clerk.
This mop can be anaded fran timre to tine as
necessary by resolution.
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3. Section 9.1.7 is hereby repealed and substituted
in its place is the following new Section 9.1-7:
Sec: 9:1-7. Use of City Plaza.
(a) Permitted uses: Permitted uses include
those listed below. Other uses consistent
with the purposes stated in section 9.1-1
Trey 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 pur-
poses; e.g., mrbile vending carts may not
approach patrons seated in a plaza cafe.
(1) Mbulatoy vendors , e.g., balloons or
portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food, flat-
ers/plants, newspapershregazines, etc.
(Zone 2).
(3) Plaza cafe (Zone 1, 2).
(4) Stairways to basements. Pursuant to
Chapter 104A of the Code of Iowa,
stairways shall only be permitted when
the business on the basement level has
an alternate entrance which makes it
accessible to the handicapped or
otherwise conplies with state law
(Zone 1).
(5) Display window extensions (Zone 1).
(6) Building front and/or basement exten-
sions provided the use of the exten-
sion is the sane as the store activity
(Zone 1).
(7) Mmicipally armed kiosks.
(8) Landscaping (Zone 1, 2).
(9) Arts and crafts sales of handmade
articles by an organized guild, asso-
ciation or club on an occasional basis
(Zone 1, 2).
(10) Sales or exhibits by individual art-
ists or artisans and food vending on a
temporary basis for special events
(Lone 1, 2, 3). Zone 3 users trust be
totally ambulatory.
(11) Events of an educational or entertain-
nrnt nature (Zone 1, 2, 3). Zone 3
users must be totally ambulatory.
(12) Nan-camercial speech activities,
including but not limited to, politi-
cal, religious and other neon-camer-
cial expressive speech (Zone 1, 2, 3).
Zone 3 users must be totally ambula-
(13) a ercial speech activities, includ-
ing but not limited to, the dissanina-
tion of information about comercial
products and/or services and/or the
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extended onto the City Plaza are to be open
at least during normal retail business
hours, Monday through Saturday, throughout
the year. Mobile carts Trey operate season-
ally but must be at least in operation
substantially through normal retail busi-
ness hours, Monday through Saturday, %y 1
to October 1. Other months of operation Trey
be granted by permit for ambulatory vendors
and mobile carts when the product is re-
lated to another season. The time of opera-
tion for plaza cafes is provided in Section
9.1-8(c).
(d) Noise control: Any request for the use of
sound must be specifically approved and may
be permitted only if it will encourage an
audio adaience within the City Plaza, while
at the same tirre protecting the general
public fran an overload, volum or type of
sound that is disturbing or inappropriate
for a pedestrian area.
(e) Insurance and indemification: The appli-
cant shall agree to indemify, defend and
save harmless the City of Iva City, its
agents, officers and erployees, from and
against all claim, damages, losses and
expenses in any manner resulting from,
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canvassing of public opinion and atti-
tudes regarding wmercial products
and/or services (Zone 2).
(b) Usable area:
(1)
Zone 1: Permits may be issued for any
Part of Zone 1. Building extensions
shall only be allowed ohere, in the
sole judgrent of the City Council such
extensions enhance the quality of City
Plaza.
(2)
Zone 2: The usable areas are as shun
on the plaza diagram on file in the
office of the City Clerk.
(3)
Plaza landscaping may be modified or
removed to a limited extent, if the
net effect enhances the ambience of
the City Plaza and if approved as part
of the permit application. The appli-
cant in such cases mist agree to
restore the plaza landscaping to its
original condition upon termination of
the permit and provide a bad or
escrow account in an anount determined
by the City.
(4)
Zone 3: The area is to be used only
for adaulatory vendors with its pri-
mary purpose to be maintained as an
erergency/service lane.
(c) Bays
and hours of operation: Buildings
extended onto the City Plaza are to be open
at least during normal retail business
hours, Monday through Saturday, throughout
the year. Mobile carts Trey operate season-
ally but must be at least in operation
substantially through normal retail busi-
ness hours, Monday through Saturday, %y 1
to October 1. Other months of operation Trey
be granted by permit for ambulatory vendors
and mobile carts when the product is re-
lated to another season. The time of opera-
tion for plaza cafes is provided in Section
9.1-8(c).
(d) Noise control: Any request for the use of
sound must be specifically approved and may
be permitted only if it will encourage an
audio adaience within the City Plaza, while
at the same tirre protecting the general
public fran an overload, volum or type of
sound that is disturbing or inappropriate
for a pedestrian area.
(e) Insurance and indemification: The appli-
cant shall agree to indemify, defend and
save harmless the City of Iva City, its
agents, officers and erployees, from and
against all claim, damages, losses and
expenses in any manner resulting from,
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arising out of or connected with the con-
struction, use, maintenance a' rMalIf
any structure, cart or use. The app
licant
shall at all times maintain a policy of
liability insurance in dollars
of three
(5300,000. CO) for personal injuries, and
fifty ttxxusand dollars ($60,000.00) for
qty damage arising out of the permit-
ted operation. The applicant shall file, in
the office of the City Clerk, a copy of the
liability insurance policy executed by a
company authorized to do insurance business
in the State of Ias in a form approved by
the City Clerk. The policy shall further
provide thirty (3o) days- notice of canto the cel-
lation or material change
ty
Clerk. Such alcshallion ometihwlly retook
wout
rittrn appro
the permit or lease.
The City Manager may, after consultation
with the City Attorney, waive the insurance
requirements for any casual and/or tempo
rary sales activity, for any cultural or
entertainment activity, or for anyconas
tial or non-cmmercial speech activity
they deem appropriate.
(f) performance time limits: Nubile vending
carts must be in operation within sixty
(60) days of the start date provided form
the permit, or the permit approval
autaretiwllyexpirelicant is responsible
(g) tkintenance: The app within and in
for maintaining the area
proximity to his/her location in a clean
and hazard -free condition, including snow
feet
frc al for a distance of ten any structure occupied by the appli-
cant.
Wiemenntary trash containers be
provided if considered necessary
speci-
fied in the lease or permit. The exterior
of all structures and carts must be main-
tained in good condition by the applicant.
(h) Illumination: Nighttime interior illunina-
tion of all building fronts and basenent
extensions, display window extensionsduring
basement stairwells is required
hours of operation.
(i) tpwspaper-vending machines: The City will
Machines -
make available, at a reasonabbls k� itis
in the MY -Owned newspaper
on City plaza. In the case of more applica-
tions than available space, a selection
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procedure that is deemed fair, reasonable
and appropriate by the City shall be estab-
lished.
(j) Construction costs: All costs of construc-
tion are to be paid by the applicant,
including costs of damage or repair to the
City Plaza caused by the construction.
4. Section 9.1.8 is hereby repealed and substituted
in its place is the following new Section 9.1-8:
Sec. 9:1.8. City Plaza use permits;
(a) Mobile vendors: Specific locations have
been designated within the boundaries of
City Plaza for the operation of mobile
vending carts. Each mobile vending permit
shall carry with it the authorization to
operate at one or two (2) designated loca-
tions. The vendor nay sell in transit if a
customer request is made, provided the
primary trade shall be conducted at one of
the designated locations.
All lease applications for mobile vendor
Operations must be received at least four
(4) weeks before the proposed start of the
lease.
The City Manager or his/her appointed
designee may issue a permit to operate a
mobile vending cart in the public right-of-
way of City Plaza after careful considera-
tion and assurance that the following
conditions have or will be met:
(1) M authorized designated mobile vend-
ing location is available which will
not interfere with the operation of an
existing mobile vendor, the general
use of City Plaza, and free movement
within the energency/service lane.
(2) The applicant's proposed mode of op-
eration will not impede the free flaw
of pedestrian traffic along the City
Plaza right-of-way, and in or out of
retail establishments fronting on the
plaza.
(3) The applicant agrees to operate
his/her business only within the
boundaries of City Plaza and only at
designated mobile vending locations or
in transit between them. The appli-
cant's permit may be revoked if these
specified locations are not used.
(4) The dimensions of the applicant's
veiling cart shall not exceed a size
of four (4) feet wide by eight (8)
feet long by six (6) feet high.
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(5) The applicant shall store the vending
cart off the City Plaza and shall
describe the provisions for storage in
the permit application.
(6) The applicant has obtained all neces-
sary permits required by the Johnson
County Deparbrent of Health.
The sale or assignment of a mobile
vending permit for City Plaza is ex-
pressly prohibited. The City reserves
the right to revoke a permit as it
deers necessary.
(b) Arbulatory vectors: The City Manager or
his/her designee may issue a permit for the
purposes of arbulatory vending in the
public right-of-way of City Plaza after
careful consideration of the applicant's
proposed business, and assurances that the
following conditions have or will be net.
All applications for ambulatory vendor
operations must be received at least five
(5) days before the proposed start of
operations.
(1) The applicant will operate without the
use of a mobile vending cart, and with
a minimm of equipmht.
(2) The applicant's proposed mode of
operation neither will impede the free
flow of pedestrian traffic along the
City Plaza right-of-ey, nor shall it
interfere with such pedestrian move-
ment into or out of retail .establish-
nrents fronting on the plaza.
(3) The applicant will conduct his/her
vending conpletely within the bounda-
ries of City Plaza.
(4) The applicant has obtained all neces-
sary permits required by the Johnson
Canty Department of Health.
The sale or assigment of an ambulatory
vending permit for City Plaza is expressly
prohibited.
(c) Plaza cafes:
(1) Any person, firm or corporation desir-
ing to operate a plaza cafe in the
City Plaza rust first obtain the
approval and permission of the City
Council. Such permission, if granted,
shall be given by adoption of a reso-
lution authorizing the execution of a
lease for the are in question.
Applicants seeking permission to
operate a plaza cafe shall submit
their applications in writing to the
City Manager upon forms provided by
the City. The plaza cafe area mist be
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adjacent to or directly in front of a
building housing a restaurant or food
service establishnmt and utilization
of that area is subject to the build-
ing amer's approval.
(2) An application for a plaza cafe shall
include a tease executed by the opera-
tor of the restaurant or food service
establishrmnt, and/or by the owner of
the abutting building housing the
restaurant or food service establish-
ment. If the owner of the building is
not a signatory to the lease, the
application shall contain a letter
from the owner consenting to the
operation of the plaza cafe in the
plaza area abutting the building. The
lease shall contain provisions as
hereafter set forth, and shall be in
the form provided and required by the
City.
An application for a plaza cafe
shall also include a plot plan, a
picture or illustration of the ami-
ties to be used, including the tables,
chairs, table canopies, and nrethod for
delineating the cafe frrm the rest of
City Plaza. Such material shall be
sdAtted to the Design Review Camdt-
tee for review. The recmnendation of
the Design Review Committee shall be
forwarded to the City Council in
conjunction with the Council's consid-
eration of the lease.
In addition, the application shall
provide the name and address of the
owner of each imndiately abutting
property. City staff shall notify
immdiately abutting property owners
by letter of the nature of the appli-
cation, and the date and time this
iten will appear on the agenda for
approval by the City Council. Applica-
tions will be processed by the City
staff, with the review and final
approval of any use by the City Coun-
cil. If the application and lease is
approved by the Council, City staff
will be responsible for the admini-
stration of the lease and collection
of the rental fees.
A uniform rental fee rate for plaza
cafes will be established by the City
Council by resolution and rrBy be
updated annually prior to lease -up of
plaza cafe areas.
An applicant for a plaza cafe who
desires to have sane approved for use
as an outdoor service area for the
service of alcoholic beverages shall
so indicate on the application, and
shall submit such additional informa-
tion in support of the application as
required by Chapter 5 of this Code of
Ordinances of the City of Iowa City.
The City Council rmy, in its discre-
tion, approve an application for an
outdoor service area, but an applica-
tion for an outdoor service area in
the City Plaza shall not be approved
unless the application for a plaza
cafe is also approved.
(3) A plaza cafe may use the area defined
as Zone 1, but a plaza cafe area shall
not extend into the plaza in a rranner
that will not allow a minimm of eight
feet of unobstructed plaza area re-
fining for pedestrian use, nor shall
it interfere with pedestrian rroverent
into or out of retail establishments
fronting an the plaza. The ei jht foot
unobstructed portion of the plaza
should be continuous and contiguous
with the adjoining walkways in such a
manner as to provide uninterrupted,
smoth passageway for all pedestrians.
If the existing walkway is less than
eight feet in width, no emroadTmt
will be permitted. In approving an
application for a plaza cafe and in
authorizing the execution of a lease
for sane, the City Council shall be
required to rmke an express finding
that the plaza cafe will not consti-
tute an obstruction to pedestrian use
of the plaza area, and such finding
shall be included in the resolution
approving sane.
(4) The operation of plaza cafes shall be
subject to the following terms and
conditions, which terns and conditions
shall be set out in the lease to be
approved by City Council.
a. Plaza space Trey be leased for use
as a plaza cafe only from April 1
through August 31 of each year,
and all such leases shall conerce
and terminate, respectively, on
those dates. A single lease rmy
not cover more than one operating
season.
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b. Plaza cafes shall be operated and
used only behween the hours of
1I:00 a.m. and 8:00 p:m. each
day:
c. Outdoor cafes imrediately abutting
City Plaza shall be required to
observe the Sarre hours and months
of operation as plaza cafes.
d. The area for a plaza cafe shall be
temporarily delineated during
operation by ropes or some other
suitable method which shall be
clearly visible to pedestrians.
Tables, chairs and other iter; are
to be removed at the ed of each
day's operation and the plaza cafe
area restored to its normal condi-
tion as a pedestrian way. No
materials shall be stored on the
public right-of-way.
e. The operation of any plaza cafe as
defined herein shall be in confor-
mity with all ,applicable Federal,
State and local laws and regula-
tions. The plaza cafe, as part of
a restaurant, must be licensed by
the Johnson County Board of Health
as a food service establishment.
In the event of the lapse, revo-
cation or suspension of such
license, lessee shall imediately
cease its use of leased plaza
space.
f. All tables and chairs in the plaza
cafe area shall be set back, for
safety purposes, at least ten feet
from alleys and shall not be
located within ten feet of a
street intersection. A plaza cafe
may not utilize any public areni-
ties as benches, seats or tables.
g. Amplified sound equipment shall
not be permitted. Additional
advertising or identification
signage beyond that permitted for
the nein restaurant shall not be
pemitted. Any amenities (such as
chairs, tables and umbrellas)
shall not have any advertising on
their surfaces. Compliance with
the City noise ordinance shall be
required.
h. Every plaza cafe lessee shall be
required to execute an agreement
to defend, indemify and hold the
City harmless from liability
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arising from its lease and use of
plaza_ space for plaza cafe pur-
poses. Every such lessee shall
further be required to provide
evidence of public liability
insurance in such amount and with
such coverages as are deemed
sufficient by the City.
i. The owner or operator of a plaza
cafe shall be required to observe
the sane per square foot occupancy
limits that apply to the building
which it abuts. The occupancy
limit for each plaza cafe shall be
determined by the City building
official and set forth in the
lease. Upon closing the plaza cafe
for the day, or in the event
inclement weather requires early
closing, the owner or operator
shall not allow pat'm of the
plaza cafe to enter the restaurant
housed in the adjacent building if
to do so would result in exceeding
the ocapaRcy limits of the res-
taurant as determined and estab-
lished ,by the City building
official.
j. Food and beverages mist be avail-
able for service to patrons in a
plaza cafe during all hours of
operation.
k. Alcoholic beverages mey not be
dispensed to patrons of a plaza
cafe unless such area has been
approved as an outdoor service
area" pursuant to Chapter 113 of
the Icwa Code, Chapter 150 of the
Iowa Administrative Code and
Chapter 5 of the Code of Ordi-
nances, City of Iowa City. Due to
the limited hours and months of
operation of plaza cafes and
outdoor cafes adjacent to City
Plaza, such cafes will be ex"t
from those provisions of Chapter 5
of the Code of Ordinances, City of
Iowa City, relating to the loca-
tion and screening of outdoor
service arras.
1. In the event that the City Council
determines that it is no longer in
the public interest to maintain a
particular plaza cafe, or plaza
cafes in general, either because
of threat to public health, wel-
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fare or safety, or because of the
creation of a nuisance involving a
plaza cafe, or because of the
violation of any statute, law;
rule or regulation involving a
plaza cafe, then in that event the
City Council nay cancel such lease
or leases, utilizing the procedure
hereafter set forth.
1. The City Council shall, by
resolution, authorize the
giving of notice of cancella-
tion, such cancellation to be
effective not less than 14
days after the giving of
notice.
2. The rotice of cancellation
shall state the date and tine
at which cancellation of the
lease will be effective and at
which use of plaza space nust
cease. The notice shall
te the reason(s) for
cancellation and shall also
indicate that the lessee my
appeal such cancellation by
giving written notice of
appeal to the City Clerk
within three days of the
lessee's receipt of notice of
cancellation.
3. The appeal of a cancellation
of a plaza cafe lease shall be
heard by the City Council in
accordance with the procedures
set forth in Sections 2-186
and 2-187 of the Code of
Ordinances, City of Iowa
City.
(d) Other events: For all other events, an
application for the use of City Plaza mist
be received at least ten (10) days before
the start of the event. The City Manager
or his/her appointed designee my issue a
permit for all other pe pitted events pro-
vided: 1) that the event will neither
impair the free flaw of pedestrian traffic
along the City Plaza right-of-way, nor
interfere with such pedestrian rmvemnt
into or out of retail establishnehts front-
ing on the plaza, and 2) that the event
will conply with all other requirenents of
this chapter. The City Manager shall es-
tablish and place on file in the office of
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the City Clerk written regulations govern-
ing the time, place and manner in which the
permitted events may be conducted;
(e) Permanent and tanporary structures: The
City Manager; upon approval of City Coun-
cil, may enter into an agreemmamt for the
sale or lease of public right-of-way in the
City Plaza for the construction of an
addition to an existing store front or for
the temporary or seasonal use of Zone 1 by
the Owner or operator of abutting Property.
Said lease or sale shall only be entered
into after careful consideration and assur-
ance that the following conditions have or
will be net:
(1) Building design:
a. Additions to buildings shall be
harmonious in scale and design
with permanent neighboring struc-
tures and with the City Plaza.
b. Materials shall be suitable for
the style and design of buildings
in vhich they are used.
C. Materials which are architec-
turally harmonious shall be used
for all building walls and other
exteriorbuilding caWents
wholly or partly visible from
public ways.
d. Selection of materials shall be
guided by the following:
1. Marmxny with adjoining build-
ings;
2. Relationship to the brick and
wood thane of City Plaza;
3. Materials shall be of durable
quality.
e. Building opponents, such as
windows, doors, eaves, and para-
pets, shall have good proportions
and relationship to One another.
f. Colors shall be selected for their
harmony and/or ability to conple-
nPnt the color scheme of the City
Plaza.
g. Mechanical equipmnt or other
utility hardware on roof, ground
or buildings shall be screened
from public view with materials
harmonious with the building, or
shall be located so as not to be
visible frau any public ways.
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h. Exterior lighting shall be part of
the architectural concept. Fix-
tures, standards; and all exposed
accessories shall be harmxhious
with building design.-
(2)
esign:(2) Signs:
a. All signs shall be part of the
architectural concept. Size,
color, lettering, location and
arrangement shall be harmonious
with the building design, and
shall be carpatible with signs on
adjoining buildings.
b. Materials used in signs shall have
good architectural character and
ti be harmonious with building design
and the materials used in the City
Plaza.
c. Every sign shall express in scale
and in proportion an appropriate
visual relationship to buildings
and surroundings.
d. Colors shall be used harmoniously
and with restraint. Excessive
brightness and brilliant colors
shall be avoided. Lighting shall
be harmonious with the design. If
external spot lighting is used, it
shall be arranged so that the
light source is shielded from
view.
(3) Additional criteria:
a. The design review conmittee may
from time to time, formulate
additional design criteria for the
review of proposed construction
pursuant to this chapter. Such
criteria shall becone effective
only when adopted by the City
Council by resolution.
b. No building permit for the con-
struction of any tarporary struc-
ture or any building extension to
be constructed pursuant to this
chapter shall be issued until
plans for said construction have
been reviewed by the design review
comnittco and approved by the City
Council. The design review carmit-
tee shall, within thirty (30) days
of receipt of said plans, review
the plans and advise approval,
approval with conditions, or
disapproval in a written report
forwarded to the City Council and
the applicant. If the design
?tool
15
review carmittee recanrmds ap-
Proval with conditions, it shall
require the affirmtive vote of
five (5) rmntras of the City
Council to Constitute City Council
approval pursuant to this section
unless such conditions are net;
and if the design review carmittee
recomeds disapproval, it shall
require the affinretive vote of
five (5) nerbers of the City
Council to constitute City Council
5. Section 9.1-11��h1 want to this section.
repealed
substi-
tuted in its place is the following and 9;1-11: n9 new Section
Sec. 9.1-11. Termination and revocation.
(a) Permits for specific locations shall be for
one year.
(b) Permits are non -transferable. Leases my
be assigned or sublet only upon prior writ-
ten (c) Revocation of permit proval of the �tThe City Manager is
authorized to revoke a permit issued oder
this Chapter whenever (1) the holder has
failed to carply with any Provisions of
this Chapter, or (2) a situation involving
the Putted event exists which Presents a
threat to the Public health, welfare or
safety, or tion of an obstruction
to Pedestrian use of the plaza; or the
creation Of.a nuisance, or the violation of
any statute, law, rule or regulation in-
volving the penr *tted event. Said revoca-
tion shall be effective no less than 14
days after written notice of the sem: the
notice of MY tion my be appealed and
heard before the City Council pursuant to
the_Procedures set forth in Sec; 2-18, et
seq• of the Code of Ordinances,City of
Iowa City: secti
Nothing in this on shall
Prohibit emrgancy orders under, Sec; 2-188
Of the Code of Ordinances, City of Ina
ty
SECTIONIII: REPEALER: All ordinances and
Pamof o finances in conflict with the provision
of this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
provision or par o re finance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
99007
r
SECTION V. EFFECTIVE DATE: This Ordinance t
shall be in effect a na _passage, approval
and publication as mired by law.
r
It was moved by , and seconded by
that the Ordinance as rea e a opted and upon rol ca t re
were:
AYES: NAYS: ABSENT:
AMBRISCO
— BAKER
—_ —_ COURTNEY
_ DICKSON
_ MCDONALD
STRAIT
— ZUBER
First consideration 5/27/86
Vote for passage:Ayes: Baker, Courtney, Dickson, McDonald.
Nays: Strait, Ambrisco. Absent: Zuber.
Second consideration
Vote for passage
Date published
I
o,
r
ORDINANCE NO.
AN ORDINANCE REPEALING CMMR 9.1 ("CM PIMA")
AND SUBSTITUTING IN ITS PLACE A NEW CW+ M 9.1
("CITY PLATA").
BE IT ORDAINED BY TIE CITY COLNCIL OF TIE CITY OF
IDACITY, IOWA, TMT:
SECTION 1. PURPOSE. The purpose of this ision
oChapter 9Tis to provide for c ial and
non-canrercial speech activities as pens' ted events
in the City Plaza, to provide for pl cafes, and
to delete provisions permitting the /lease of space
for the construction of terpora or pemm�ent
st ores in the City Plaza.
M
SE 2. ATMM. Chapter 1 ("City Plaza")
0 o finances of thCity of Io.a City
is h y repealed and substi in its place is
the fol 'ng naw Chapter 9.1 City Plaza":
sec. 9.1
It is a intent of thi chapter to regulate the
use of Cit Plaza in er to pramte the public
interest by:
(a) Vaking ity P1 an active, attractive and
safe pod e trian viroment;
(b) Providing a rtunity for creative, color-
ful, pedes i -focused cmmercial and cultural
activities a day/night, year-round and
seasonal i
(c) Encouragi tial activities which add
interes chann, vitality, diversity and good
design City P1 .
(d) En ging the d eloprent of carpatible and
well esigned eleven within Zone 1;
(e) Con lling the use o vehicles and bicycles in
Ci y Piaza.
intent of the City P Use Regulations is
that ivate developnent with City Plaza is to be
fitted sparingly and only for those proposals
t met the objectives state! ve. It is not to
considered a "use by right."
/&C. 9.1-2. Definitions.
[For the purposes of this chapter the following
term shall have the meanings stated he}ein:]
Abulatory vendor: An individual selling goods
or services while moving through Zones , 2 and 3
and operating without the use of a nobil� vending
cart or kiosk and with a mininn of equipnent, e.g.
balloons, portrait artist.
Audio arbience: A localized use of sound in-
tended to create a pleasant, relaxing abmsphere.,
City Plaza: That part of city property extending
from the northern right-of4ay line to the southern,
right-of-way line of College Street from the eastern
right-of-wey line of Clinton Street to the western
/ D
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Ordinance No.
Page 2
right-of-way line of Linn Street; and extending from
the western right -of -ley line to the ea
ight-
of-way line of Dubuque Street frrom the southern
right-of-vey line of Iashington Street to south-
ern right-of-way line of College S t. Also,
Urban fncwal Parcel 65-2a, descri as follows:
Beginning at the ratwest corner Lot 4, Block
65, of the original tan of Ione Ci , Iowa, accord-
ing to the recorded plat thereof thence along the
ly right-ofrey line of shington Street,
.28 feet; then south 00 degrees 03 minutes 02
seconds west, 110.26 feet;.. tdhence south 89 degrees
3 minutes 36 seconds west, 59.53 feet to a point on
easterly right-of-way lien of Duque Street,
ence north 00 degrees 07 minutes 39 seconds west,
a said easterly right-of-way line, 110.65 feet
to point of beginning.
K sk: A small structure that is stationary and
can either Pernanent%
r
Ordinance No.
Page 3
sec. 9.1-5. MAW vehicle regulations.
Except as otherwise provided herein, no motor
vehicles, except emergency vehicles, shall be oper-
ated within the limits of City Plaza without a
Permit. A permit for the operation of motor vehfcl
within City Plaza may !>e issued by the city mama
on his/her designee upon application accordi to
the following conditions:
(a) Any business located on property vhich oes not
Otherwise abut a public right-of-vsy than
City Plaza may be granted a conti ing permit
upon a sharing that such is nec ary to pro-
vide for the delivery of goods or from the
business, such permit shall allow the presence
of the vehicle within the plaza only during
active loading and unloading.
(b) individual may be granted a temporary
it upon a showing that the placement or
opera on of a motor vehicle upon City Plaza
for a ified,limit) period of time is
(c) A service icle rated by the city may
operate wiHrmulatii-
Notwithstanding
without a permit when
performing maintenance requiring the
use of the
Any violatioon shall be a simple
misdemeanor.
Set. 9.1-6. M
tanding the provisiks of any other city
ordinance, no/person shall take, cconpany ar allow
any animal into City Plaza. This ovision sha11
not apply a Seeing Eye dog being u to assist a
blind Pe*. My violation of this tion shall
be a simple misdemeanor.
Sec. 9.117. Use of City Plaza.
(a) PP�mmrtted uses: Pbrmittad uses inc
those
I below. Other uses consistent vR \the
purposes stated in Section 9.1-1 may be perm -
ted if specifically approved. Wien a nubile
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) Mrbile vending carts for food,
flowers/plants, newspapers/magazines, etc.
(Zone 2).
(3) Plaza cafe (Zone 1, 2).
(4) Maricipally owned kiosks.
(5) Arts and crafts sales of handmade articles
by an organized guild, association or club
On an occasional basis (Zones 1 and 2).
907
_'L�
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(6)
(7)
(8)
(9)
Ordinance No,
Page 4
Sales or exhibits by individual artists or
artisans and food vending on a tewary
basis for special events (Zone 1, 2, 3).
Zone 3 users must be totally ambulatory.
Events of an educational or /ersumt
nature (Zone 1, 2, 3). Zone
be totally arbulatory.
Non-camercial speech activitud-
ing but not Iinited to, poliig-
ious and other non-cormerciaive
speech (Zone 1, 2, 3). Zone ustbe totally ambulatory.Com ercial speech activitiesingbut not limited to, the dishof
inforrmetion about came al products
and/or services and/orconvassing of
public opinion and at tudes regarding
cam ercial products or services (Zone
2).
e area:
ane 1: Permits y be issued for any
of Zone 1.
Ian : The us a areas are as shan on
the att
(3) Zone 3:
,E=
diagrams.
ea is to be used only for
brs with its primary pur-
maintained as an emer-
(c) Days and fnours f ope tion: hbbile carts hey
operate sea lly but st be at least in
operations stantially th h ramal retail
/area.
ness , Nxday thSaturday, Pay 1
ctober Other months of ration may be
ed permit for ambula vendors and
e its When the product is fated to
season. The time of opera ion for
afes is provided in Section 9.1 ),
NOcontrol: My request for the u of
mut be specifically approved and may
tted only if it will encourage an audio,
nce within the City Plaza, While at the
tirme protecting the general public from an
oad, volume or type of sound that is
rbing or inappropriate for a pedestrian
ance anal idemnification: The applicant
shall agree to indemify, defend and save
harmless the City of Iaa City, its agents,
Officers and employees, from and against all
claims, daages, losses and expenses in any
manner resulting from, arising out of or con-
nected with the construction, use, maintenance
or removal of any structure, cart or use. The
applicant shall at all times maintain a policy
*?07
—f
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Ordinance No.
Page 5
of liability insurance in the mininn amount of
three hundred thousand dollars ($300,000.00)
for personal injuries, and fifty thousand
dollars (650,000,00) for proJnTle
darege anis
Ing out of the permitted ope. The app -
cant shall file, in the oof the ityclerk, a copy of the liabilitrance licyexecuted by a corpany authoro insur-
ance business in the State a a formapproved by the city clerk.icy shallfurther provided thirty (30notice ofcancellation of material chthe cityclerk. Such cancellation a withoutwritten approval shall autmerevoke thepermit or lease.
The city manager Trey,onsultation
with the city attorney, ive the insurance
ire ants for any cas 1 and/or temporary
sa activity, for any ltural or entertain-
ment ctivity, or for y cmurercial or non-
priate.
1 speech act sty as they deen appro-
(f) Performance ime li its: Mobile vending carts
must be in ati within sixty (50) days of
the start date ided for in the permit, or
the permit a 1 shall automatically ex-
pire.
(g) Maintenance: a app ant is responsible for
maintaining tpe area with'and in proximity to
his/her lm ion in a cl and hazard_f ee
condition, /including snow al for a dis-
tance of err (10) feet frau any structure
occupiedef tthe applicant.
Suppl tary trash contain must be
provid if considered necessary and pecified
in the ease or permit. The exteri of all
s and carts must be maintained. ire good
cords ion by the applicant. \
(h) i�ws per-vedirg nmchines: The city will m k
ava able, ata reasonable cost, space in th
ci y -owned newspaper dispenser units on City
P aza. In the case of more applications than
ailable space, a selection procedure that is
fair, reasonable and appropriate by the
city shall be established.
ec 9.1-8. City Plaza use permits.
a Mobile vendors: Specific locations have been
designated within the boundaries of City Plaza
for the operation of mobile vending carts. Each
mobile vending permit shall carry with it the
authorization to operate at one or two (2)
designated locations. The vendor may sell in
5
—1
_A�
Ordinance No.
Page 6
transit if a custarer request is node, provided
the primary trade shall be conducted at one of
the designated locations.
All lease applications forncbile vendor
operations must be received at least four (4)
weeks before the proposed start of the lease.
The city manager or his/ appointed des' -
nee may issue a permit to operate a ile
vending cart in the public right of-vsy City
Plaza after careful consideration and urance
that the following conditions have will be
met:
(1) An authorized designated le vending
location is available whi will not
interfere with the operati of an exist-
ing mobile vendor, the gen al use of City
laza, and free move ant 'thin the erer-
y/service lane.
(2) Th applicant's propo node of operation
will not impede the free flow of pedes-
trian affic al the City Plaza right -
of very, in or out of retail establish -
ti the plaza.
(3) The appli t agrees to operate his/her
business on within the boundaries of
City Plaza only at designated mobile
veiling 1 ti s or in transit between
than, Alae icant's permit prey be
revoked mf these ified locations are
not us
(4) The d'I Bions of the applicant's vending
cart hall not exceed size of four (4)
fe wide by eight (8) eat long by six
(6)/feet high.
(5) The applicant shall store vending cart
off the City Plaza and shall escribe the
,provisions for storage in permit
j application.
(6) The applicant has obtained all essary
permits required by the Johnson County
department of health.
The sale or assignment of a mobile v ing
permit for City Plaza is expressly prohibited.
Ambulatory vendors: The city manager or
his/her appointed designee may issue a permit\
for the purposes of adulatory vending in the
public right-of-asy of City Plaza after careful
consideration of the applicant's proposed
business, and assurance that the following
conditions have or will be met. All applicants
for ambulatory vendor operations must be re-
ceived at least five (5) days before the Pro-
posed start of operations.
9007
-I
=s1�
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Ordinance No.
Page 7
(1) The applicant will operate without the use
of a mobile vending cart and with a mini -
nm of equipmnt.
(2) The applicant's proposed mode of operatiay
neither will impede the free fl 4 yf
pedestrian traffic along the City P �za
right -of -+ay, nor shall it im: rfe with
such pedestrian noverent into or of
retail establishrents fronting on the
plaza.
(3) The applicant will conduct his vending
completely within the boundaries Of City
Plaza.
(4) The applicant has obtained all necessary
permits required by the/ Johnson County
Department of health.
The le or assignment of an'nbulatory vending
Perini or City Plaza is expressly prohibited.
(c) Plaza ca :
(1) Any son, firm pr corporation desiring
to open a plan cafe in the City Plaza
mnt firs taj)6 the approval and permis-
sion of the City Council. Such permis-
sion, if ted, shall be given by
adoption ofa olution authorizing the
execution of a lea for the area in ques-
tion. Applicants king permission to
operate P plan cafe 11 srtmit their
applications in nriting the city m w-
ager upon forma provided b the city. The
plaza cafe area must be adja t to or di-
rectly in front of a buildi housing a
restaurant or food service es lishrent
aro utilization of that area is sbject to
the building mer's approval. \
(2) An application for a plan cafe shall
/include a lease executed by the operator
of the restaurant or food service estab-
lishnent, and/or by the caner of the
abutting building housing the restaurant\
or food service establishrent. If the
owner of the building is not a signatory
to the lease, the application shall con-
tain a letter from the aner consenting to
the operation of the plaza cafe in the
plaza area abutting the building. The
lease shall contain provisions as hereaf-
ter set forth, and shall be in the form
provided and required by the City.
An application for a plan cafe shall
also include a plot plan, a picture or
illustration of the amenities to be used,
including the tables, chairs, table cano-
pies, and method for delineating the cafe
6M
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Ordinance No.
Page B
from the rest of city Plaza. Such mate-
rial shall be submitted to the Design
11eview Cmmittee for review. The reCcm.
mendashalltion of be fonarrdded ttoign the Cityy Council n
conjunction with the cOuncil's consi a -
tion of the lease.
In addition, the applicati shall
Provide the nae and address of owner
Of each immediately abutti
City staff shall notify toed ately pertt-
ting property owners by letter of the
nature of the application and the date
and time this iten wil %appear on the
agenda for approval by City Council.
Applications will be essed by the City
staff, with the revi and final approval
of any use by the Pity Council. If the
application and 1e�se is approved by the
cil, City staff will be responsible
f the adninis tion of the lease and
col ion of rental fees.
A iform rental fee rate for plaza
cafes 11 be established by the city
council resolution and may be updated
annually for to lease -up of Plaza cafe
areas.
An appli t for a plaza cafe vho
desi to have ane approved for use as
an oor servic area for the service of
alc olio bevera \shall so indicate an
th application, anif shall snit such
itional information in support of the
ter 5 of
WsicCate ofsOrdinanccesofthe
s I�yPCity of
Io„e City. The City Council may, in its
discretion, approve an appI ion for a
plaza cafe and denythe application for an
outdoor service area, but an application
for an outdoor service area in the City
Plaza shall not be approved unless the
application for a plaza cafe ii\also
approved.
(3) A plaza cafe nay use the area defined as
Zane 1, but a plaza cafe area shall not
extend into the plaza in a manner that
Will not allow a mint= of eight feet of
unobstructed Plaza area remaining for
Pedestrian use, nor shall it interfere
with out of
retail�establ shnentfironting on the
Plaza. The eight foot unobstructed portion
Of the plaza should be continuous and
contiguous with the adjoining valloeys in
Ply
_ ii
t`
Ordinance No.
Page 9
such a manner as to provide uninterrupted,
smooth passageway for all pedestrians. If
the existing valkwray is less than eight
feet in width, no encroaclrrent will be
permitted. In approving an applicati
for a plaza cafe and in authorizing
execution of a lease for same, the ity
Council shall be required to a an
express finding that the plaza ca e will
not constitute an obstruction to pedes-
trian use of the plaza area,' and such
finding shall be included in the resolu-
tion approving same.
(4) subjeccoperation
to ithe following terns and aza cafes shall be
vhidr terns and conditions shall be
set out in the lease to be approved by
ity Council.
a. Plaza space m aype leased for use as a
laza cafe on)y from April 1 through
st 31 of ch year, and all such
leas shat �crmrence and terminate,
res vel , on those dates. A
single 1 e may rrot cover more than
M
opera season.
b. Plaza ca es 11 be operated and used
only be, ham of 11:00 a.m.
and 8:pO p.m. ea day.
c. Outdoor cafes • iately abutting
City/Plaza shall be required to ob-
serve the same hours months of
operation as plaza cafes.
d. The area for a plaza cashall be
pgwarily delineated during opera-
tion by ropes or saw other Suitable
/method vhich shall be clearly risible
to pedestrians. Tables, chairs and
other items are to be removed at the
/end of each day's operation and the
plaza cafe area restored to its normal\
condition as a pedestrian way. th
materials shall be stored on the
public right-of-vay.
/ e. The operation of any plaza cafe as
defined herein shall be in conformity
with all applicable Federal, State and
local laws and regulations. The plaza
cafe, as part of a restaurant, must be
licensed by the Johnson County Board
of Health as a food service establish-
ment. In the even of the lapse,
revocation or suspension of such
license, lessee shall immediately
cease its use of leased plaza space.
907
Ordinance No.
Page 10
f. All tables and chairs in the plaza
cafe area shall be set back, for
safety purposes, at least ten feet
from alleys and shall not be located
within ten feet of a street intersec-
tion. A plaza cafe nay not utilize
any public amenities as benches, seats
or tables.
g. Arplified sand equipment shall, no be
permitted. Additional advertis or
identification signage bey that
permitted for the rain taurant
shall not be permitted. An amenities
(such as chairs, tables and uibrellas)
shall not have any advertising on
their surfaces. Carpliance with the
City noise ordnance shall be
required.
XE=veqrypi1iazalaza fe lessee shall be
to ecute an agreemnt to
ind ify and hold the City
liability arising from
e and use of plaza space for
purposes. Every such
11 further be required to
ev ence of public liability
in ch amorant and with such
s as a dee ed sufficient by
i. owner or opera of a plaza cafe
hall be required to serve the same
/per square foot occupan limits that
apply to the building vhi it abuts.
The occupancy limit for ch plaza
cafe shall be determined by City
building official and set forth n the
lease. Upon closing the plaza fe
for the day, or in the event incl t
Heather requires early closing,
wer or operator shall not allow
patrons of the plaza cafe to enter the
restaurant housed in the adjacent
building if to do so could result in
exceeding the occupancy limits of the
restaurant as determined and estab-
lished by the city building official.
j. food and beverages must be available
for service to patrons in a plaza cafe
during all hours of operation.
k. Alcoholic beverages my not be dis-
pensed to patrons of a plaza cafe
unless such area has been approved as
an "outdoor service area" pursuant to
Chapter 123 of the Ioa Code, Chapter
0;
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Ordinance No.
Page 11
150 of the Iova Administrative Code
and Chapter 5 of the Cade of Ordi-
nances, City of Ias City. Die to the
limited hours and months of operation
of plaza cafes and outdoor cafes
adjacent to City Plaza, such cafes j
will be exempt from those provisions
Of Chapter 5 of the Cade o
Ordinances, City of Iowa City, rela -
irg to the location and screeni of
outdoor service areas.
1. In the event that the City cil
determines that it is no 1 in the
Public interest to maintain particu-
lar plaza cafe, or pi cafes in
genal, either because f threat to
public health, welfare or safety, or
because of the creati of an obstruc-
tion to pedestrian se of the plaza,
or because of the creation of a nui-
ce involving a plaza cafe, or
use of the olation of any stat-
ute, law, rule r regulation involving
a pl cafe, then in that event the
City cil y cancel such lease or
leases, i 'zing the procedure here-
after set
I. The CCouncil shall, by resolu-
ti a ize the giving of
no ce of cellation, such can -
c lation to effective not less
14 days the giving of
The notice of canapllation shall
state the date and `Ivie at which
cancellation of the Nuse
e
effective and at wfplaza space mustnotice shall indicasons) for c
ancellatalso indicate that thappeal such cancellatwritten notice of a
City Clerk within three days of
the lessee's receipt of notice of
cancellation.
I The appeal of a cancellation of a
plaza cafe lease shall be heard by
the City Council in accordance
with the procedures set forth in
Sections 2-186 and 2-187 of the
Code of Ordinances, City of Iae
City.
907
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Ordinance No.
Page 12
m. Notwithstanding the provisions of
subparagraph 1. above, the City Coun-
cil Prey order the imrediate closure of
a plaza cafe if it determines that its
continued operation presents a clear
and imninent threat to public health,
safety or welfare.
(5)Operation of a plaza cafe in violation of
any provision hereinabove set forth, or d
violation of any order or notice of
cellation issued by the City cil,
shall constitute a misdemeanor.
(d) Other events: For all other events, appli- I
cation for the use of City Plaza st be re- I
ceived at least ten (10) days be re the start
of the event. The city or his/her
appointed designee may issue permit for all
otherpermitted events dad: 1) that the
event will neither inpa' the free flaw of
pedestrian traffic al the City Plaza right-
of-way, norinterfe with such pedestrian
movement into or of retail establishments
ting on the p , and 2) that the event
car 1 comply with 1 other requirements of this
cha er. The y manager shall establish and
place file n the office of the city clerk
written ations governing the time, place
and mann n which the permitted everts may be
Sec. 9.1-9. 1 tion procedures.
(a) In to in a permit pursuant to this
cha , the\da
ant shall file an applica-
ti with the er or his/her designee.
I order to bered, the application and
tacJrrerPt shan n sufficient infonretion
fully detethe 'tent of the applicant
and to ensurecmpl ce with this chapter. The canager 11 establish the
require ants plications and shall estab-
lish the procfor review f all applica-
tions.
(b) Prior to the ce of any penmi or authori-
zation of any which includes ification
or removal of landscaping, the ign of
such shall modification or removal be s6itted
to the design review cmmittee for review- The
design review committee shall review the p s
sutmitted and shall rake a written recanrenda�
tion to the city manager.
(c) In cases where there trey be more than one
application for a particular location, or the
city manager considers it in the public inter -
94007
Ordinance No.
Page 13
est to solicit proposals, the city manager
shall establish such selection procedures as
he/she deers fair, reasonable and appropriate.
(d) Applications for a change of use shall follow
the sae procedure and be subject to the same
review and approval criteria as new applica-
tions.
Sec. 9.1-10. Fees.
A fee, if applicable, shall be paid within
(10) days of the granting of the City Plaza e
permit and before the permitted activity begins The
city council shall periodically review and ise,
as appropriate, by resolution, fees for the ease of
Property and for the issuance of permits ized
herein. Failure to provide the applicabl payment as
specified in any lease agreemernt wi in ten (10)
days of the prescribed time will It in a revo-
cation of the lease and permit.
Sec. 91-11. Temination and tion.
(a) Permits for specific loca ons shall be for one
year.
F�rmits are norable. Leases may be
assigned or sublet ly upon prior written
approval of the city council.
(c) ovation of pe it: The city manager is
a razed to rev e a permit issued oder this
when (1) the holder has failed to
campl with provisions of this Chapter, or
(2) a s uat involving the permitted event
exists vh presents a threat to the public
health, we or safety, or the creation of
an abs ion pedestrian use of the plaza,
or the tion a nuisance, or the violation
of any tute, 1 rule or regulation involv-
ing permitted ev t. Said revocation shall
be a ective no less 14 days after written
not a of the sore; the otice of revocation
ma be appealed and before the City
cil pursuant to the proc ures set forth in
2-184, et seq, of the of Ordinances,
City of Iawe City. Nothing i this section
shall prohibit amrgency orders under Sec.
2-188 of the Cade of Ordinances, C of Im
CTION 3. REconfli: All ordinances ad to is of
mantes m conflict with the provision o this
ordinance are hereby repealed.
SEC110N 4. SEVERABILITY: If any section, provisi
or part of the Lninance shall be adjudged to be
invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not ad-
judged invalid or unconstitutional.
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SECTION S. EFFECTIVE DATE: This Ordinance shall be
in effect after its publication as nal passage. appryvaj�'ard
required by law. / ,
t -
ORDIWCE ND.
AN ORDINANCE NUMING CIAPTER 5 OF THE CODE OF
CRDINMCES, CITY OF IOWA CITY, BY MENDING SECTION
5-1 TIEREDF TO PROVIDE A DEFINITION OF THE TER4
"OUTDOOR SERVICE AREA," AND BY ADDING TiERETO IEW
SECTIONS 5-39 MM5-9 RELATING TO THE REGUA-
TION OF OUfDDOR SERVICE AREAS.
EE IT ORDAINED BY TIE CITY COUCIL OF TIE CITY OF
IOWA CITY, IOWA, TMT:
SECTION 1. RRIOSE: The pupose of this revision
of Chapter 5 is to define the term "outdoor service
area" and to provide regulations for their operation
in conjunction with a prenises licensed to sell beer
or alcoholic beverages.
SECTION 2 NNENDIENT. Chapter 5 ("Alcoholic Be'va-
ages ion of the Code of Ordinances of the
City of Iona City is hereby repealed and substituted
in its place is the following new Section 5-1
"Definitions," to read as follows:
Sec. 5-1. Definitions.
The following definitions shall apply to this
chapter:
Alcohol means the product of distillation of
any fermented liquor rectified one or more tines,
vhatever nay be the origin thereof, and includes
synthetic ethyl alcohol.
Alcoholic liquor or alcoholic beverage in-
cludes the three (3) varieties of liquor defined
under the terns "alcohol," "spirits" and "wine"
in this section, except "beer' as defined in this
section, but including all beverages made as
described in such definition of beer which con-
tain more than four (4) percent of alcohol by
Wight, and every liquor or solid, patented or
not, containing alcohol, spirits, or wine, and
susceptible of being consund by a human being
for beverage purposes.
Application mans a formal written request
far the issuance of a permit or license supported
by a verified statement of facts.
Bea means any liquid capable of being used
for beverage purposes made by the fermentation of
an infusion in potable rata of barley, malt, and
hops, with or without umalted' grains or
decorticated and degerminated grains containing
not more than four (4) percent of alcohol by
Wight.
C1nb means any non-profit corporation or
association of individuals, which is the owner,
lessee, or occupant of a permanent building or
part thereof, merbership in which entails the
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Ordinance hb.
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Prepayment of regular dues and is not operated
fa^ a profit other than such profits as would
accrue to the entire merbe-ship.
Carmercial establishmeit means a place of
business which is at all times equipped with
sufficient tables and seats to accar odate
twenty-five (25) persons at one time, and the
licensed premises of which conform to the stan-
dards and specifications of the department.
Council means the beer and liquor control
council established by state law.
Department means the beer and liquor control
department established by state law or any divi-
sion of such departnent.
Director news the director of the beer and
liquor control department, appointed pursuant to
the provisions of state law, or his designee.
hbtel or motel means a premises licensed by
the state depariment of agriculture and regularly
or seasonally kept open in a bona fide manner for
the lodging of transient guests, and with twenty
(2D) or moue sleeping roans.
Legal age means nineteen (19) years of age or
more. This provision shall not apply to persons
who were born on or before ame 30, 1960.
Licensed premises or premises means all roars
or enclosures where alcoholic beverages or beer
is sold or consumed oder authority of a liquor
control license or beer permit.
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 and consumption
of alcoholic beverages or bee- pursuant to the
Provisions of this Chapter, Chapter 123 of the
Iowa Code, and Chapter 150 of the Iowe Adminis-
trative 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 p-emises shall also apply to the outdoor
service area.
Permit or license means an Express written
authorization issued by the departnent for the
manufacture or sale, or both, of alcoholic liquor
or beer.
Person means any individual, association,
Partnership, corporation, club, hotel, motel, or
municipal corporation owning or operating a bona
fide airport, marina, park, coliseum, auditnriun,
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Ordinance Ha.
Page 3
or recreational facility in or at which the sale
of alcoholic liquor or beer is only an incidental
part of such ownership or operation.
Person of good moral character means any
person rho Teets all of the following require-
ments:
(1) He/she has such financial standing and good
reputation as will satisfy the director that
he/she will canply with the state law and
all laws, ordinances, and regulations appli-
cable to his/her operations under state
law.
(2) Hem does not possess a federal garbling
(3) hie/she is not prohibited by the provisions
of section 5-38 of this chapter fron cbtaio-
ing a liquor control license or beer per-
mit.
(4) He/she is a citizen of the United States and
a resident of this state or Iicensai to do
business in this state in the case of a
corporation.
(5) He/she has not been convicted of a felony.
Hxever, if his/he- felony conviction oc-
cUred more than five (5) years before the
date of the application far a license or
permit and if his/her rights of citizenship
have been restored by the governor, the
director may determine that he/she is a
Person of good neral character notwithstand-
ing such conviction.
(6) If such person is a corporation, partner-
ship, association, club, hotel, or motel,
the requirenents of this subsection shall
apply to each of the officers, directors,
and partners of such person and to any
Person vho directly or indirectly owns on
controls ten (lo) Percent or more of any
class of stock of such person or has an
interest of ten (10) percent or more in the
oh,nership or Profits of such person. For
the Purposes of this prwision, an irdivid-
ial and his/ter spouse shall be regarded as
one person.
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 valu-
able consideration Prwised or obtained, and
procuring or allowing procurenent for any other
person.
Public place means any place, building, on
conveyance to Mhich the public has or is pemit-
ted access.
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ordinance No.
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lbsddence mems the place Wmere a person
resides, permanently or temporarily.
Mail bear permit nems a class T' or "C"
beer permit issued under the provisions of this
chapter aid state law.
Ibtailer mems any person vho shall sell,
barter, exchange, offer for sale, or have in
possession with intent to sell, any alcoholic
liquor for consunption on the prenises where
sold, or beer for consumption either on or off
the premises where sold.
Spirits mems any beverage vhich contains
alcohol obtained by distillation mixed with
drinkable vater and other substances in solution,
including, but not limited to, brandy, run,
vhiskey, and gin.
Wine nems any beverage containing alcohol
obtained by fermentation of the natural sugar
contents of fruits or other agricultural prod-
ucts.
SECTION 3.,M: Chapter 5 ("Alcoholic Bever-
ages o Ordinances of the City of Iowa
City is hereby amended by adding thereto the follow-
ing red Sections 5-39 through 5-44, to read as
follm:
Sec. 5-39. Outdoor Service Anew.
Any permittee or licensee under this chapter,
or any applicant for a license or permit under
this chapter, desiring to operate an outdoor
service area adjacent to and in conjunction with
a licensed premises must obtain the approval of
the city council aid of the I" Beer and Liquor
Control Deparbnant before cmmenci g operation of
such outdoor service area.
Sec. 5-00. Application for Ftrmission to Opeate
an Ortdoar Service Area.
(a) An application for an outdoor service area
shall be made upon the form provided by the
city. Such application may accompany the
initial application or my renewal applica-
tion for a license or permit oder this
Chapter or ney be submitted at my tire in
conjunction with an amended application for
a license or permit.
An application for the approval of an
outdoor service area shall include all
infonration required to be sttmitted with
applications for beer and liquor licenses.
The application shall be subnitted to the
city clerk at least 15 days prior to the
date it is to be considered by the city
courcil. An outdoor service area shall be
subject to the same annual ramal require-
ments as are all beer and liquor licenses.
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Ordinance Rb.
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Approval by the city council of an outdoor
service area shall be by letter to the Im
Beer and Liquor Control Deparbrent with
regard to the diagram, dram shop insurance
coverage and all other State requirements.
(b) Upon submitting an application for an out-
door service area, applicant shall provide
the mare and address of the aver of each
abutting property as well as every other
property which is within one hundred (100)
feet of applicant's premises. The city will
then notify these property avers by letter
of the nature of the application and the
date and time when it will appear on the
agenda for approval by the city council, so
that these property owners will have an
opportunity to convent on the application if
they wish.
(c) Approval or disapproval of an application
for an outdoor service area shall be at the
discretion of the city council. Such dis-
cretion shall be exercised with due regard
to public health, safety and welfare consid-
erations. In the event that there is a
change of ownership, the outdoor service
area use shall be permitted to continue
provided that the usage is continuous.
Sec. 5.41. Regulation of Outdoor Service Areas.
The operation of an outdoor service areas
shall be subject to the following terns, condi-
tions and regulations.
(a) Outdoor service areas oust be located on
private property and may rat encroach on any
public right -of -my except as provided in
Section 9.1-8 of the City Code of
Ordinances.
(b) Outdoor service areas shall not be located
in the front yard of any licensed premises.
(c) Outdoor service areas shall be screened on
all sides from public view. Screening shall
consist of a fence or other suitable barrier
of not less than five feet in height nor
more than eight feet in height. It shall be
of solid construction vhich will effectively
prevent ingress or egress from the premises
except by way of an emergency fire exit
only. Such fire exit shall be required of
all outdoor service areas.
(d) Outdoor service areas shall not be accessi-
ble except from the licensed premises vhirh
it adjoins. The required fire exit shall be
an emergency exit only.
(e) An outdoor service area must be immediately
adjacent to the licensed establishment of
which it is a part.
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(f) outdoor service areas shall be permitted
only in those zones which permit other than
residential uses and shall not be permitted
to exist within loo feet of any lot zmei
for residential use.
(g) outdoor service areas shall conply with
appropriate building, housing and fire codes
and with all other applicable State and City
laws.
(h) Seating or other accomodations in an out-
door service area shall not exceed one (1)
person per fifteen (15) square feet of floor
area accessible to the public.
(i) tid equipment ll be �c
ednoutdoor service
Campan
with the City noise ordinance shall be re-
quired. Additional advertising or identifi-
cation signage beyond that permitted for the
min licensed establishment shall not be
permitted.
(j) The owner or operator of an outdoor service
arm shall be required to observe the sane
per square foot occupancy limits that apply
to the building which it abuts. The occu-
sshall be cy limit
determinedeach
by�the cioor tyice area
building
official. In the event inclement weather
requires early closing of the outdoor serv-
ice area, the licensee or permittee shall
not allow patrons of the outdoor service
area to enter that portion of the licensed
premises housed in the adjacent building if
to do so would result in exceeding the
occupancy limits therefore as determined by
the city building official.
Sec. 542. BmMuora fmn Qntdoor Sairvice Arm
Pagulatiom.
(a) An applicant may, as a part of the applica-
tion for an outdoor service area, request
exemption frau the requirements of subsec-
tions (c) and (d) of Section 5-41 above.
After review and camemt by appropriate City
staff, the City Council may approve such
exerptions if it determines that to do so
would not jeopardize the health, welfare or
safety of the users of the outdoor service
area or of the owner or uses of abutting
property. The burden of establishing
entitlement to such exemption shall be upon
the applicant, and cost of compliance alone
shall not be sufficient grounds to justify
exemption. outdoor service areas in exis-
tence on the date of passage of the ordi-
nance codified in this section shall have
Ordinance tb.
Page 7
one year from the date of passage to comply
with all requirenents for outdoor service
areas stated in paragraph (e) above, or to
obtain exemption therefrom.
(b) outdoor cafes adjacent to City Plaza and
plaza cafes, as defined in Chapter 9.1,
which are also approved for use as outdoor
service areas, shall be exempt fran the
requirements of subsections (a), (b), (c)
and (d) of Section 5-41 above. This exemp-
tion is deed justified on health, welfare
and safety grounds due to the limited nature
of the services offered by, and the limited
hours and months of operation of, such
outdoor cafes and sidewalk cafes, and due to
the nature of public usage of City Plaza.
Sec. 5.43. Inspection of outdoor Service Aeras.
outdoor service areas shall be subject to
inspection at least annually at the sane time
inspection of the adjacent licensed establishment
occurs. The City may, in its discretion, inspect
an outdoor service area at any other tie.
Sec. 5-44. Suspension or Revocation of FtrWs-
sion to Qwate an DAdw Service Aw.
(a) The city may, after notice to the licensee
or permittee and after a reasonable opportu-
nity far hearing, suspend or revobe authori-
zation for the operation of an outdoor
service areas fo' any establishnet when the
licensee or permittee has violated, or has
permitted
or allowed the violation of any
provision of the Iowa Code or Code of Ordi-
nances of the City of Iowa City pertaining
to the operation of an outdoor service area,
or when the continued operation of the
outdoor service area constitutes a tlreat to
public health, welfare, or safety, or con-
stitutes a nuisance.
(b) nisuspension/revocation
initiated the polcechby the filing
of an administrative hearing corplaird with
the city council or Iowa Bee' and Liquor
Control Carmission. Written notice of
hearing, as well as a copy of said
complaint, shall be served upon the licensee
or permittee at least ten days prior, to the
date set for hearing. The hearing, if held
before the city council , shall be governed
by the procedures as established by Sections
2-186 and 2-181 of the Code of Ordinances of
the City of Iowa City. In the event of
suspension or revocation, tte city shall
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Ordinance Ni.
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one year from the date of passage to amply
with all requirenehts for outdoor service
areas stated in paragraph (e) above, or to
obtain exemption therefrom.
(b) Outdoor cafes adjacent to City Plaza and
plaza cafes, as defined in Chapter 9.1,
Which are also approved for use as outdoor
service arms, shall be exempt from the
requirements of subsections (a), (b), (c)
and (d) of Section 5-41 above. This exemp-
tion is deemed ,justified on health, welfare
and safety grounds due to the linitsd nature
of the services offered by, and the limited
hours and months of operation of, such
outdoor cafes and sidewalk cafes, and due to
the nature of public usage of City Plaza.
Sec. 5-43. Lhspection of Outdoor Service heal.
Outdoor service areas shall be subject to
inspection at least annually at the same time
inspection of the adjacent licensed establishment
occurs. The City may, in its discretion, inspect
an outdoor service area at any other time.
Sec; 5-44. Suspension or Revocation of fHmnis-
sion to Operate an Oddoor Service Area.
(a) The city may, after notice to the licensee
or permittee and after a reasonable opportu-
nity for hearing, suspend or revoke authori-
zation for the operation of an outdoor
service areas far any establishment when the
licensee or permittee has violated, or has
perm,= or allowed the violation of any
provision of the Iva Code or Code of Ordi-
nances of the City of Iowa City pertaining
to the operation of an outdoor service area,
or when the continued operation of the
outdoor service area constitutes a threat to
public health, welfare, or safety, or con-
stitutes a nuisance.
(b) The suspension/revocation procedure shall be
initiated by the police chief by the filing
of an adninistrative hearing conplaint with
the city council or Iowa Beer and Liquor
Control Commission. Written notice of
hearing, as well as a copy of said
camplaint, shall be served upon the licensee
or permittee at least ten days prior to the
date set for hearing. The hearing, if held
before the city council, shall be governed
by the procedures as established by Sections
2-186 and 2-187 of the Code of Ordinances of
the City of Iowa City. In the event of
suspension or revocation, the city shall
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Ordinance W.
Page 8
notify the Im& Beer and Ligror Control
Beparhneit Hearing Board, pursuant to Sec-
tion 173.32, Code of Iowa.
(c) WMthstarding the provisions of subpara-
graphs (h) and (i) above, the city council
May order the inmediate closure of an out-
door service area if it is determined that
its continued operation presents a clear,and
inmineit threat to public health, safety or
W fare.
(d) Suspension or revocation of authorization by
the city for operation of an outdoor service
area shall not affect the licensing of the
principal establishment, unless separate
action to suspend or revoke that
license/permit is also initiated.
MaraREPEALER: All ordinances and parts of
o inarKes in cm ,ct with the provision of this
ordinance are hereby repealed.
SECTION 5. SEVERABILITY: If any section, provision
or
Par o inannce shall be adjudged to be
invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not ad-
judged invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE: This Ordinance shall be
in effect after its final passage, approval and
pblication as required by law.
Passed and approved this
roor
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and seconded by
It was moved by ere were:
that the Ordinance as rea e a op ed and upon roll ce
AYES: NAYS: ABSENT:
AMBRISCO
BAKER I
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration 5/�— Dickson, �icDoand, Baker.
Vote for passage: Ayes: courtney,
Nays: Strait, Arbrisco. Absent: Zuber•
Second consideration
Vote for passage
Date published
ved
'gal
i �,1+,.�.r/i.T/8Ya j
r
It was moved by and seconded by
that the Ord inanc—e--as--Re—aT be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
'—' STRAIT
ZUBER
First consideration 5/27/86
Vote for passage: Ayes: Courtney, Dickson, AUDonald, Baker.
Nays: Strait, Aribrisco. Absent: Zuber.
Second consideration
Vote for passage
Date published
5E,
pproved
pep�rtrtwd
S%iS�BYo
Ma