HomeMy WebLinkAbout1986-06-02 Ordinancer
ORDINANCE NO.
AN ORDINANCE AAf1DING CHWU 9.1 ("CITY PLAZA") OF
THE CODE OF OFDINANCES OF THE CITY OF IDA CITY,
IW, BY REPEALING SECTIONIS 9.1-2, 9.1-3, 9.1-7,
9.1-8, AND 9.1-11 TWAIN AND SUBSTIMING TRXFCK
NEW SECTIONS 9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11.
SECTION I. RRPOSE. The purpose of this artend-
men a prove or plaza cafes in City Plaza, to
provide for ca mercial and ran-cammial 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, waive insurance re-
quire ants 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 map of City Plaza to be kept on file in the office
of the City Clerk.
SECTION II. NUMNr. Chapter 9.1 ("City
Plaza of -the Code of Chirdinances of the City of
Ias City, Ias, is hereby amended as follows:
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 Section 9.1-2 is hereby repealed and substituted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 vibile 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 abros-
phere.
City Plaza: That part of City property
extending from the northern right-of-way line to
the southern right-of-vay line of College Street
from the eastern right-ofjay line of Clinton
Street to the western right-of-way line of Linn
Street; and extending from the western right-
of-wsy to the eastern right-of-vsy line of
Dubuque Street from the southern right -of -my
line of Washington Street to the southern right-
of-vey line of College Street. Also, Lk -ban
Renewal Parcel 65-2a, described as follows:
Beginning at the northvsst corner of Lot 4,
Block 65, of the original town of Imaa City,
Iowa, according to the recorded plat thereof,
thence along the southerly right-of-way 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 -my line of
Dubuque Street, thence north 00 degrees 07
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OfDINNa N0.
AN OfDIN4NCE NfMIN; CfWYM 9.1 ("CITY PLAZA") OF
"RE CODE OF OPDINUES OF M Cjly OF IDA CITY,
IOWA, BY REPEAL. SECTIONS 9.1-2, 9:1-3, 9,1-7,
9.1-8, AN0 9.1-11 THFMIN AND SUBSTITUTING TWr&OFE
U SECTIONS 9.1-2, 9,1-3, 9.1-7, 9.1-9, AND 9.1-1I.
SECTION I. PUf�POSE. The Purpose f
s to pthis arend-
m3nt rove for plaza cafes in City Plaza, to
Provide for cmmercial and non-camercial 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 Attoryey, waive insurance re-
quirments for certain events on City Plaza, to
eliminate the provision for autonetic one-year
renals for permits, to provide for specific proce-
dures for revocation of permits, and to provide for
a nap of City Plaza to be kept on file in the office
Of the City Clerk.
SECTION II: APEPIU•ENf. Chapter 9.1 ("City
Plaza ) Or re Code of ordinances of the City of
Iowa City, Iowa, is hereby arended as follows:
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 neanings stated herein:]
Arbulatory vendor: An individual selling
goods or services while nmwing 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 arbience: A localized use of sand
intended to create a pleasant, relaxing abros-
phere.
City Plaza: That part of City property
extending from the northern right -f -way line to
the southern right-of-way line f College Street
frun the eastern right-of-way line of Clinton
Street to the western ricjht-of.way line of Linn
Street; and extending fran the western right -
f -%ay to the eastern right-of-way line of
Dubuque Street frmi the southem right -f -way
line of Washington Street to the southern rigit-
of-wy line of College Street. Also, Urban
Reneal Parcel 65-2a, described as follows:
Block Beginning, of the oat the rigg rtlialtcomer of Lot 4,
town of Ias City,
Iaa, according to the recorded plat thereof,
thence along the southerly right-of-way line of
Washington Street, 60.28 feet; thence south 00
degrees 43 minutes 36 seconds wast, 59.93 feet
to a point on the easterly right-of-way line of
Dubuque Street, thence north 00 degrees 01
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minutes 39 seconds west, along said easterly
right-of-way line, 110.-65 feet to the point of
beginning.
Kiosk: A srell structure that is stationary
and can be either pemunent or seasonal in
nature.
Landscaping: Live plant naterial used
strictly for an ornarental or ecological purr
pose.
Mobile veiling cart: A ran-notorized struc-
ture on wheels that is easily roved and is used
for vending.
Mobile vector: Operator of rmbile vending
cart.
Outdoor cafe: An outdoor area imadiately
adjacent to a restaurant (food service estab-
lishneht) where food and beverages, dispensed in
the food service establishrent, are taken for
consurption by persons seated at tables in the
outdoor arca.
Penrenent structure: Any structure erected
for a year-round use.
Plaza cafe: An outdoor area in City Plaza
immdiately adjacent to a restaurant (food
service establishmnt) where food and beverages,
dispensed in the food service establishment, are
taker for consurption by persons seated at
tables in the outdoor area.
Seasonal construction: Any structure erected
for a seasonal or tenporary activity and which
is named from the plaza in off-season.
2. Section 9:1-3 is hereby repealed and substituted
in its place is the following new Section 9.1-3:
Sec. 9.1-3: Description of rm11 zan
(a) Zone 1: The ten -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) Zane 2i The six-foot pedestrian lanes
adjoining Zone i on each side, the land-
scaped areas, the areas with street fumi-
ture and features, and other areas as
specified on onp.
(c) Zone 3: The eergehcy/service lane.
The zones are illustrated on the City Plaza rep
kept on file in the office of the City Clerk.
This rep can be mended fran tine 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
my 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., mmbile vending carts may rot
approach patrons seated in a plaza cafe.
(1) hmbulatory vendors, e.g., balloons or
portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food, flow-
ers/plants,
laners/plants, newspapers/magazines, etc.
(Zone 2).
(3) Plaza cafe (Zone 1, 2).
(4) Stairways to basements. Pursuant to
Chapter 104A of the Code of Iona,
stairways shall only be permitted when
the business on the baserert level has
an alternate entrance which makes it
accessible to the handicapped or
otherwise cmplies 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 same as the store activity
(Zone 1).
(7) Municipally awned 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
(Zone 1, 2, 3). Zone 3 users mast be
totally adxulatory.
(11) Events of an educational or entertain -
rent nature (Zone 1, 2, 3). Zone 3
users Dust be totally arbulatory.
(12) Non-cmmmercial speech activities,
including but not limited to, politi-
cal, religious and other non-cmmmr-
cial expressive speech (Zone 1, 2, 3).
Zone 3 users rust be totally anbula-
(13) Cm rcial speech activities, includ-
ing but rot limited to, the dissanina-
tion of information about cor ercial
products and/or services and/or the
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canvassing of Public opinion and atti-
and/or servictudesIng(Zcanercial products
(b) Usable area:
(1) Zane 1: Permits may be issued for any
Part of Zone I. Building extensions
shall Only be allotted vhere, in the
sole judgment of the City council such
extensions enhance the quality of City
Plaza.
(2) Zone 2: The usable areas are as show
on the plaza diagrams on file in the
office of the City Clerk.
(3) Plaza landscaping may be modified or
removed to a limited extentif 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 must agree to
restore the plaza landscaping to its
original condition upon termination of
the permit and Provide a bond or
escrow account in an amount determined
by the City.
(4) Zone 3: the area is to be used only
for ambulatory vendors with its pri-
May Purpose to be maintained as an
(c) 'Ys anemrghoursseofice lane.
ings
extended onto the city Pa
Plaza are to be open
at least during normal retail business
hours, hbndaY through Saturday, throughout
the year. Ilobile carts may operate season-
ally but subsstant allythrout be gh normal retait least in l�i-
ness hours, Monday through Saturday, may 1
to October L Other months of operation may
be granted by permit for ambulatory venoms
an 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) Fbise control: Any request for the use of
sound crust be specifically approved an may
be permitted only if it will encourage an
audio ambience within the City Plaza, while
at the same time protecting the general
Public from an overload, volue or type of
sound that is disturbing or inappropriate
for a pedestrian area,
(e) Insurance an indemification: The appli-
cant shall agree to indemnify, defend and
save harmless the City of Iowa City, its
agents, officers an employees, from an
against all claims, damages, losses an
expenses in any manner resulting iron,
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arising out of or connected with the con-
struction, use, maintenance or renDval of
any structure, cart or use. The applicant
shall at all times maintain a policy of
liability insurance in the minimm anourt
of three hundred thousand dollars
fifty thousand for
dolrspersonal$50,p00.00) and
for
Property damage arising out of the perrnit-
ted operation. The applicant shall file, in
the office of the City Clerk, a copy of the
liability insurance policy executed by a
canpany authorized to do insurance business
in the State of Iowa in a form approved by
the City Clerk. The policy shall further
provide thirty (30) days' notice of cancel-
lation or material change to the City
Clerk. Such cancellation or charge without
written approval shall autaratically revoke
the permit or lease.
The City Manager may, after consultation
with the City Attorney, waive the insurance
requirenents for any casual and/or terpo-
rary sales activity, for any cultural or
entertairrent activity, or for any camEr-
cial or non-camercial speech activity as
they deen appropriate.
(f) Performance time limits: Mobile vending
carts must be in operation within sixty
(60) days of the start date provided for in
the permit, or the permit approval shall
automatically expire.
(g) Maintenance: The applicant is responsible
for maintaining the area within and in
proximity to his/her location in a clean
and hazard -free condition, including snow
removal for a distance of ten (10) feet
from any structure occupied by the appli-
cant.
Supplerentary trash containers must be
provided if considered necessary and 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) Illunination: Nighttime interior illunina-
tion of all building fronts and baserent
extensions, display window extensions and
basement stairwells is required during
hours of operation.
(i) Newspaper -vending machines: The City will
rake available, at a reasonable cost, space
in the City -awned newspaper dispenser units
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 veiling permit
shallcarry with it the authorization to
operate at ane or bo (2) designated loca-
tions. The vendor may sell in transit if a
custcne- request is mode, provided the
primary trade shall be conducted at one of
the designated locations.
All lease applications for mobile vendor
operations crust 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
nubile 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 net:
(1) An 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 emergency/service lane.
(2) The applicant's proposed node 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 then. The appli-
cant's permit mey be revoked if these
specified locations are not used.
(4)' The dimensions of the applicant's
vending 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 Department 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) Anbulatory vectors: The City tanager or
his/her designee may issue a permit for the
purposes of ambulatory veiling 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 nust 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 minimum of equipment.
(2) The applicant's proposed node of
operation neither will impede the free
flaw of pedestrian traffic along the
City Plaza right-of-way, nor shall it
interfere with such pedestrian m ove-
nent into or art of retail establish-
ments fronting on the plaza.
(3) The applicant will conduct his/her
vending completely within the bounda-
ries of City Plaza.
(4) The applicant has obtained all neces-
sary permits required by the Johnson
County Deparbrent of Health.
The sale or assigrrmnt of an anbulatory
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 mut 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 area 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 must be
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adjacent to or directly in front of a
building housing a restaurant or food
service establishment and utilization
of that area is subject to the build-
ing owner's approval.
(2) An application for a plaza cafe shall
include a lease executed by the opera-
tor of the restaurant or food service
establishrrent, and/or by the owner of
the abutting building housing the
restaurant or food service establish-
ment. If the ohne• 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 erreni-
ties to be used, including the tables,
chairs, table canopies, and nethod for
delineating the cafe from the rest of
City Plaza. Such neterial shall be
submitted to the Design Review Conmit-
tee for review. The recamrsdation of
the Design Review Carmittee 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 narre and address of the
owner of each immediately abutting
property. City staff shall notify
imrediately abutting props ty owners
by letter of the nature of the appli-
cation, and the date and tine 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 try the Council, City staff
will be responsible for the adnini-
stration of the tease and collection
of the rental fees.
A uniform rental fee rate for plaza
cafes will be established by the City
Council by resolution and trey be
updated annually prior to lease -gyp of
plaza cafe areas.
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An applicant for a plaza cafe vlw
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 inforTme-
tion in support of the application as
required by Chapter 5 of this Code of
Ordinances of the City of Iawa City.
The City Council ray, 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 manna
that will not allow a minimum of eight
feet of unobstructed plaza area re-
fining for pedestrian use, nor shall
it interfere with pedestrian moverent
into or out of retail establishments
fronting an the plaza. The eight foot
unobstructed portion of the plaza
should be continuous and contiguous
with the adjoining walkways in such a
manner as to provide uninterrupted,
smooth passageway for all pedestrians.
If the existing walkway is less than
eight feet in width, no encroacrrent
will be permitted. In approving an
application for a plaza cafe and in
authorizing the execution of a lease
for same, the City Council shall be
required to rake an express finding
that the plaza cafe will not consti-
tute an obstruction to pedestrian use
of the plaza arca, 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 terms and conditions
shall be set out in the lease to be
approved by City Council.
a. Plaza space ney be leased for use
as a plaza cafe only from April 1
through August 31 of each year,
and all such leases shall commence
and terminate, respectively, on
those dates. A single lease may
rot cover more than one operating
season.
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b. Plaza cafes shall be operated and
used only -between the hours of
11:00 a.m. and 8:00 p.m each
day:
C. Outdoor cafes imrediately abutting
City Plaza shall be required to
observe the sane ham and months
of operation as plaza cafes.
d. The area for a plaza cafe shall be
temporarily delineated during
operation ty ropes or some other
suitable method which shall be
clearly visible to pedestrians.
Tables, chairs and other iters are
to be renoved at the ed of each
day's operation and the plaza cafe
area restored to its normal candi-
tion as a pedestrian way. No
materials shall be stared on the
public right-ofwray.
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, mist be licensed by
the Johnson Canty Board of Health
as a food service establishment.
In the event of the lapse, revo-
cation or suspension of such
license, lessee shall immediately
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
Trey not utilize any public ameni-
ties as benches, seats or tables.
g. Anplified sound equipmnt shall
not be permitted. Additional
advertising or identification
signage beyond that permitted for
the min restaurant shall not be
permitted. Any amenities (such as
chairs, tables and urbrellas)
shall not have any advertising on
their surfaces. Corpliance with
the City noise ordinance shall be
required.
h. Every plaza cafe lessee shall be
required to execute an agreement
to defend, indemnify 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 pblic liability
insurance in such amount and with
such coverages as are deemed
sufficient by the City.
The owner or operator of a plaza
cafe shall be required to obseve
the sone 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
inclerent weather requires early
closing, the owner or operator
shall not allow patrons of the
plaza cafe to enter the restaurant
housed in the adjacent building if
to do so would result in exceeding
the occupancy limits of the res-
taurant as detemined and estab-
lished by the City building
official.
Food and beverages mist be avail-
able for service to patrons in a
plaza cafe during all ham of
operation.
Alcoholic beverages may not be
dispensed to patrons of a plaza
cafe unless such area has been
approved as an 'outdoor service
area pursuant to Chapter 123 of
the Iova Code, Chapter 150 of the
Iona Administrative Code and
Chapter 5 of the Code of OHi-
nances, City of Iowa City. Due to
the limited ham and months of
operation of plaza cafes and
outdoor cafes adjacent to City
Plaza, such cafes will be exempt
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 areas.
In the event that the City Council
dete ninnes that it is no longe' 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 Trey cancel such lease
or leases, utilizing the procedure
hereafter set forth.
1. The City Council shall, ty
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 notice of cancellation
shall state the date and tine
at Aich cancellation of the
lease will be effective and at
which use of plaza space mist
cease. The rotice shall
indicate the reason(s) for
cancellation and shall also
indicate that the lessee nay
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 mut
be received at least ten (10) days before
the start of the event. The City Manager
or his/her appointed designee nrey issue a
permit for all other permitted events pro-
vided: 1) that the event will neither
impair the free flow of pedestrian traffic
v.., along the City Plaza right-of-way, nor
interfere with such pedestrian novenent
C. into or out of retail establishrents front-
ing on the plaza, and 2) that the event
will cmply with all other requireents 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
overning the time, place and manner in which the
permitted events rrey be conducted.
(e) Perrrenent and terWrary structures: The
City Manager, upon approval of City Coun-
cil, rmy enter into an agrement 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-
a xe 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 which they are used.
C. Materials which are architec-
turally hammicus shall be used
for all building walls and other
exterior building cmponents
wholly or partly visible from
public ways.
d. Selection of neterials shall be
guided by the following:
1. Hammy with adjoining build-
ings;
2. Relationship to the brick and
wood there of City Plaza;
3. Materials shall be of durable
quality.
e. Building corponehts, 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 corrple-
rrent the color schen of the City
Plaza.
g. Mechanical equiprent or other
utility hardware on roof, ground
or buildings shall be screened
from public view with rreterials
hammious with the building, or
shall be located so as not to be
visible from any public ways.
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h. Exterior lighting shall be part of
the architectural concept. Fix-
tures, standards; and all agposed
accessories shall be harmmtmm
with building design.
(2) Signs:
a. All signs shall be part of the
architectural concept. Size,
color, lettering, location and
arrangement shall be harnonious
with the building design, and
shall be mnpatible with signs on
adjoining buildings.
b. Materials used in signs shall have
good architectural character and
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 harmxniously
and with restraint. Excessive
brightness and brilliant colors
shall be avoided. Lighting shall
be hams nidus with the design. If
external spot lighting is used, it
shall be arranged so that the
light source is shielded frm
view.
(3) Additional criteria:
a. The design review carmittee nay,
from time to tinm, f0mulate
additional design criteria for the
review of Proposed construction
Pursuant to this dnapter. Such
criteria shall bewm effective
only when adopted by the City
Council by resolution.
b. Mo building Perrot for the con-
struction of any temporary struc-
ture our 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
canmittee and approved by the City
Council. The design review amnit-
tee shall, within thirty (30) days
Of receipt of said plans, review
app
the plans and advise roval,
approval with conditions, or
disapproval in a written report
forwarded to the City Council and
the applicant. If the design
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review CaWttee recommends ap-
proval with conditions, it shall
require the affirmative vote of
five (5) umbers of the City
Council to constitute City Council
approval pursuant to this section
unless sudn conditions are net;
and if the design review c=ittee
recamsds disapproval, it shall
require the affirmative vote of
five (5) umbers of the City
Council to constitute City Council
5. Section 9.1-11apprDhl pursuant to this section.
substi-
tuted. is in its place is the fol�lowirg new ed and ecttn
9.1-11:
Sec. 9.1-11. Termination and revocation.
(a) Permits for specific locations shall be for
one year.
(b) Permits are nontransferable. Leases rey
be assigned or sublet only upon Prior writ-
ten approval of the City Council.
(c) Revocation of permit: The City Manager is
authorized to revoke a permit issued oder
this Chapter whenever (1) the hold, has
failed to Cagoly with any Provisions of
this Chapter, or (2) a situation involving
the Permitted event exists which presents a
threat to the public health; welfare or
safety; or the creation 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 Permitted event. Said revoca-
tion shall be effective no less than 14
days after written notice of the same; the
notice of revocation Trey 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. Nothing in this section shall
prohibit erengenCy orders under Sec, 2-188
Of the Code of Ordinances, City of Iowa
City
SECTION III. REPEALER; All ordinances and
Parts of o finances in conf ict with the provision
of this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section;
provision or par a mance 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.
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SECTION V. EFFECTIVE DATE; This Ordinance
shal e n e ect a xis ire passage, approval
__A ..A.1ira+iM as remired by law.
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It was moved by 'and seconded by
that theOrdinance as read e a opted and upon roll call there
were:
AYES: NAYS: ABSENr:
AMBRISCO'
BAKER
COURTNEY
DICKSON
MCDONAID
_ STRAIT
_ ZUBER j
First consideration 5/27/86
Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald.
Nays: Strait, Ambrisco. Absent: Zuber.
Second consideration 6/2/86
Vote for passage Ayes: Baker, Courtney, Dickson, McDonald,
Zuber. Nays: Ambrisco, Strait.
Date published
Ad 0,0
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9.1 ("CITY PLAZA") OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS
9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11 THEREIN AND SUBSTITUTING
THEREFOR 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 amendment is to provide for
pTa—zaca-fe—s-7nClTX Plaza, to provide for commercial and non-commercial
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 consultation with the City Attorney, waive insurance require-
ments 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 map of City Plaza to
be kept on file in the office of the City Clerk.
SECTION II. AMENDMENT. Chapter 9.1 ("City Plaza") of the Code of Ordi-
nances o e y o Iowa City, Iowa, is hereby amended as follows:
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 terms shall have the
meanings stated herein:]
Ambulatory vendor: An individual selling goods or services while mowing
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 atmosphere.
City Plaza: That part of City property extending from the northern
right-of-way line to the southern right-of-way line of College Street from
the eastern right-of-way line of Clinton Street to the western
right-of-way line of Linn Street; and extending from the western
right-of-way to the eastern right-of-way line of Dubuque Street from the
southern right-of-way line of Washington Street to the southern
right-of-way line of College Street. Also, Urban Renewal Parcel 65-2a,
described as follows: Beginning at the northwest corner of Lot 4, Block
65, of the original town of Iowa City, Iowa, according to the recorded
plat thereof, thence along the southerly right-of-way line of Washington
Street, 60.28 feet; thence south 00 degrees 43 minutes 36 seconds west,
59.93 feet to a point on the easterly right-of-way line of Dubuque Street,
thence north 00 degrees 07 minutes 39 seconds west, along said easterly
right-of-way line, 110.65 feet to the point of beginning.
Kiosk: A small structure that is stationary and can be either permanent
or seasonal in nature.
Landscaping: Live plant material used strictly for an ornamental or
ecological purpose.
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Mobile vending cart: A non -motorized 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 restaurant (food
service establishment) where food and beverages, dispensed in the food
service establishment, are taken for consumption by persons 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 establishment) where food and beverages, dis-
pensed 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 off-season.
2. Section 9.1-3 is hereby repealed and substituted in its place is the
following new Section 9.1-3:
Sec. 9.1-3. Description of mall zones.
(a) Zone 1: The ten -foot strip directly abutting 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 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.
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 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 plaza cafe.
(1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food, flowers/plants, newspapers/maga-
zines, etc. (Zone 2).
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(3) Plaza cafe (Zone 1, 2).
(4) Stairways to basements. Pursuant to Chapter 104A of the Code of
Iowa, stairways shall only be
permitted
hent level has an alternatethe
handicapped or otherwentr ncewhichnmakesbit�ebase-
accessibletothe
ise complies with state law (Zone 1).
(5) Display window extensions (Zone 1).
(6) Building front and/or basement extensions provided the use of the
extension is the same as the store activity (Zone 1).
(7) Municipally owned kiosks.
(B) landscaping (Zone 1, 2).
(9) Arts and crafts sales of handmade articles by an organized guild,
association or club on an occasional basis (Zone 1, 2).
(10) Sales or exhibits by individual artists or artisans and food vend-
ing on a temporary basis for special events (Zone 1, 2, 3 . Zone 3
users must be totally ambulatory. )
(11) Events of an educational or entertainment nature (Zone 1, 2, 3).
Zone 3 users must be totally ambulatory.
(12) Non-commercial speech activities, including but not limited to,
Political, religious and other non-comrnercial expressive speech (Zone 1,
2. 3). Zone 3 users must be totally ambulatory.
(13) Commercial speech activities, including but not limited to
dissemination of information about commercial products and/or services
and/or the convassing of public opinion and attitudes regarding
cial products and/or services (Zone 2). compere
(b) Usable area:
(1) Zone 1: Permits may be issued for any part of Zone 1. Building
extensions shall only be allowed where, in the sole judgment of the City
Council such extensions enhance the quality of City Plaza.
(2) Zone 2: The usable areas are as shown on the plaza diagrams on
file in the office of the City Clerk.
(3) Plaza landscaping may be modified or removed to a
if the net effect enhances the ambience of the City Plazlimited a and extent
eap-
proved as part of the permit application.The applicant in such cases
must agree to restore the plaza landscaping to its original condition
upon termination of the permit and provide a bond or escrow account in
an amount determined by the City,
(4) Zone 3: The area is to be used only for ambulatory vendors with
its primary purpose'to be maintained as an emergency/service lane.
9i6
(c) Days 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 may operate season-
ally but must be at least in operation substantially through normal retail
business hours, Monday through Saturday, May 1 to October 1.
of operation may be granted by permit for ambulatory vendors Other months
carts when the product is related to another season. The tiand mobile
me of mobile
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 ambience
Within the City Plaza, while at the same time protecting the general
public from an overload, volume or type of sound that is disturbing or
inappropriate for a pedestrian area.
(e) Insurance and indemnification: The applicant shall agree to
indemnify, defend and save harmless the City of Iowa City, its agents,
officers and employees, from and against all claims, damages, losses and
expenses in any manner resulting from, arising out of or connected with
the construction, use, maintenance or removal of any structure, cart or
use. The applicant shall at all times maintain a policy of liability
insurance in the minimum amount of three hundred thousand dollars
($300,000.00) for personal injuries, and fifty thousand dollars
($50,000.00) for property damage arising out of the permitted 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 insur-
ance business in the State of Iowa in a form approved by the City Clerk.
The policy shall further provide thirty (30) days' notice of cancellation
or material change to the City Clerk. Such cancellation or change without
written approval shall automatically revoke the permit or lease.
The City Manager may, after consultation with the City Attorney, waive the
insurance requirements for any casual and/or temporary sales activity, for
any cultural or entertainment activity, or for any commercial or non-
commercial speech activity as they deem appropriate.
(f) Performance time limits: Mobile vending carts must be in operation
within sixty (60) days of the start date provided for in the permit, or
the permit approval shall automatically expire.
(9) Maintenance: The applicant is
within and in proximity to his/her
condition, including snow removal for
structure occupied by the applicant.
responsible for maintaining the area
location in a clean and hazard -free
a distance of ten (10) feet from any
Supplementary trash containers must be provided is considered necessary
and specified in the lease or permit. The exterior of all structures and
carts must be maintained in good condition by the applicant.
(h) Illumination: Nighttime interior illumination of all building fronts
and basement extensions, display window extensions and basement stairwells
is required during hours of operation.
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(i) Newspaper -vending machines: The City will make available, at a
reasonable cost, space in the City -owned newspaper dispenser units on City
Plaza. In the case of more applications than available space, a selection
procedure that is deemed fair, reasonable and appropriate by the City
shall be established.
(j) Construction costs: All costs of construction 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 locations. The vendor may 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 consideration and assurance that the following conditions
have or will be met:
(1) An authorized designated mobile vending 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 emergency/serv-
ice lane.
(2) The applicant's proposed mode of operation will not impede the free
flow 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 applicant's permit may be revoked if
these specified locations are not used.
(4) The dimensions of the applicant's vending cart shall not exceed a
size of four (4) feet wide by eight (8) feet long by six (6) feet high.
(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 necessary permits required by the
Johnson County Department 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
deems necessary.
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(b) Ambulatory vendors: The City Manager or his/her designee may issue a
permit for the purposes of ambulatory 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
met. 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 minimum of equipment.
(2) The applicant's proposed mode of operation neither will impede the
free flow of pedestrian traffic along the City Plaza right-of-way, nor
shall it interfere with such pedestrian movement into or out of retail
establishments fronting on the plaza.
(3) The applicant will conduct his/her 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 sale or assignment of an ambulatory vending permit for City Plaza is
expressly prohibited.
(c) Plaza cafes:
(1) Any person, firm or corporation desiring to operate a plaza cafe in
the City Plaza must first obtain the approval and permission of the City
Council. Such permission, if granted, shall be given by adoption of a
resolution authorizing the execution of a lease for the area in ques-
tion. 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 must be adjacent to or di-
rectly in front of a building housing a restaurant or food service
establishment and utilization of that area is subject to the building
owner's approval.
(2) An application for a plaza cafe shall include a lease executed by
the operator of the restaurant or food service establishment, and/or by
the owner of the abutting building housing the restaurant or food serv-
ice establishment. If the owner of the building is not a signatory to
the lease, the application shall contain a letter from the owner con-
senting 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 pic-
ture or illustration of the amenities to be used, including the tables,
chairs, table canopies, and method for delineating the cafe from the
rest of City Plaza. Such material shall be submitted to the Design
Review Committee for review. The recommendation of the Design Review
Committee shall be forwarded to the City Council in conjunction with the
Council's consideration of the lease.
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In addition, the application shall provide the name and address of the
owner of each immediately abutting property. City staff shall notify
immediately abutting property owners by letter of the nature of the
application, and the date and time this item will appear on the agenda
for approval by the City Council. Applications will be processed by the
City staff, with the review and final approval of any use by the City
Council. If the application and lease is approved by the Council, City
staff will be responsible for the administration of the lease and col-
lection of the rental fees.
A uniform rental fee rate for plaza cafes will be established by the
City Council by resolution and may be updated annually prior to lease -up
of plaza cafe areas.
An applicant for a plaza cafe who desires to have same 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 infor-
mation in support of the application as required by Chapter 5 of this
Code of Ordinances of the City of Iowa City. The City Council may, in
its discretion, approve an 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 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 manner that will not allow a
minimum of eight feet of unobstructed plaza area remaining for pedes-
trian use, nor shall it interfere with pedestrian movement into or out
of retail establishments fronting on the plaza. The eight foot
unobstructed portion of the plaza should be continuous and contiguous
with the adjoining walkways in such a manner as to provide uninter-
rupted, smooth passageway for all pedestrians. If the existing walkway
is less than eight feet in width, no encroachment will be permitted. In
approving an application for a plaza cafe and in authorizing the execu-
tion of a lease for same, the City Council shall be required to make an
express finding that the plaza cafe will not constitute an obstruction
to pedestrian use of the plaza area, and such finding shall be included
in the resolution approving same.
(4) The operation of plaza cafes shall be subject to the following
terms and conditions, which terms and conditions shall be set out in the
lease to be approved by City Council.
a. Plaza space may be leased for use as a plaza cafe only from April 1
through August 31 of each year, and all such leases shall commence
and terminate, respectively, on those dates. A single lease may not
cover more than one operating season.
_41
b. Plaza cafes shall be operated and used only between the hours of
11:00 a.m. and 8:00 p.m. each day.
C. Outdoor cafes immediately abutting City Plaza shall be required to
observe the same 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 items are
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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. No
materials shall be stored on the public right-of-way.
e. The operation of any plaza cafe as defined herein shall be in con-
formity with all applicable Federal, State and local laws and regu-
lations. 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 event of the lapse, revocation or suspension of such
license, lessee shall immediately 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 amenities as benches, seats or tables.
g. Amplified sound equipment shall not be permitted. Additional adver-
tising or identification signage beyond that permitted for the main
restaurant shall not be permitted. Any amenities (such as chairs,
tables and umbrellas) shall not have any advertising on their sur-
faces. Compliance with the City noise ordinance shall be required.
h. Every plaza cafe lessee shall be required to execute an agreement to
defend, indemnify and hold the City harmless from liability arising
from its lease and use of plaza space for plaza cafe purposes.
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 same 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 patrons of the plaza cafe to enter the restaurant housed in
the adjacent building if to do so would result in exceeding the
occupancy limits of the restaurant as determined and established 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 may not be dispensed to patrons of a plaza cafe
unless such area has been approved as an "outdoor service area"
pursuant to Chapter 123 of the Iowa Code, Chapter 150 of the Iowa
Administrative Code and Chapter 5 of the Code of Ordinances, 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 exempt from those provisions of Chapter 5 of the Code of
Ordinances, City of Iowa City, relating to the location and screen-
ing of outdoor service areas.
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1. In the event that the City Council determines that it is no longer
in cafeseinublic generalteeitherobecausemaintaiofathreatctoapublicahealth,or laza
welfare
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 may cancel such lease or leases, utilizing the procedure
hereafter set forth.
1. The City Council shall, by resolution, authorize the giving of
notice of cancellation, such cancellation to be effective not
less than 14 days after the giving of notice.
2. The notice of cancellation shall state the date and time at
which cancellation of the lease will be effective and at which
use of plaza space must cease. The notice shall indicate the
reason(s) for cancellation and shall also indicate that the
lessee may 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 must be received at least ten (10) days before the start
of the event. The City Manager or his/her appointed designee may
issue a permit for all other permitted events provided: 1) that
the event will neither impair the free flow of pedestrian traffic
along the City Plaza right-of-way, nor interfere with such pedes-
trian movement into or out of retail establishments fronting on the
plaza, and 2) that the event will comply with all other require-
ments of this chapter. The City Manager shall establish and place
on file in the office of the City Clerk written regulations govern-
ing the time, place and manner in which the permitted events may be
conducted.
(e) Permanent and temporary structures: The City Manager, upon ap-
proval of City Council, may enter into an agreement 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 prop-
erty. Said lease or sale shall only be entered into after careful
consideration and assurance that the following conditions have or
will be met:
(1) Building design:
a. Additions to buildings shall be harmonious in scale and
design with permanent neighboring structures and with the
City Plaza.
b. Materials shall be suitable for the style and design of
buildings in which they are used.
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c. Materials which are architecturally harmonious shall be
used for all building walls and other exterior building
components wholly or partly visible from public ways.
d. Selection of materials shall be guided by the following:
1. Harmony with adjoining buildings;
2. Relationship to the brick and wood theme of City
Plaza;
3. Materials shall be of durable quality.
e. Building components, such as windows, doors, eaves, and
parapets, shall have good proportions and relationship to
one another.
f. Colors shall be selected for their harmony and/or ability
to complement the color scheme of the City Plaza.
g. Mechanical equipment 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 from any public ways.
h. Exterior lighting shall be part of the architectural
concept. 'Fixtures, standards, and all exposed accessories
shall be harmonious with building design.
(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 compat-
ible with signs on adjoining buildings.
b. Materials used in signs shall have good architectural
character and 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 surround-
ings.
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.
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(3) Additional criteria:
a. The design review committee may, from time to time, formu-
late additional design criteria for the review of proposed
construction pursuant to this chapter. Such criteria
shall become effective only when adopted by the City
Council by resolution.
b. No building permit for the construction of any temporary
structure 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
committee and approved by the City Council. The design
review committee 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 review committee recommends approval with
conditions, it shall require the affirmative vote of five
(5) members of the City Council to constitute City Council
approval pursuant to this section unless such conditions
are met; and if the design review committee recommends
disapproval, it shall require the affirmative vote of five
(5) members of the City Council to constitute City Council
approval pursuant to this section.
5. Section 9.1-11. is hereby repealed and substituted in its place is the
following new Section 9.1-11:
Sec. 9.1-11. Termination and revocation.
(a) Permits for specific locations shall be for one year.
(b) Permits are non -transferable. Leases may be assigned or sublet only
upon prior written approval of the City Council.
(c) Revocation of permit: The City Manager is authorized to revoke a
permit issued under this Chapter whenever (1) the holder has failed to
comply with any provisions of this Chapter, or (2) a situation involving
the permitted event exists which presents a threat to the public health,
welfare or safety, or the creation 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 involving the permitted event. Said revocation
shall be effective no less than 14 days after written notice of the same;
the notice of revocation may 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. Nothing in this section shall prohibit
emergency orders under Sec. 2-188 of the Code of Ordinances, City of Iowa
City.
SECTION III. REPEALER: All ordinances and parts of ordinances in con-
ct w th t e prov sion of this ordinance are hereby repealed.
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SECTION IV. SEVERABILITY:
nonce shall be adjudged to
tion shall not affect the
section, provision or part
tional.
SECTION V
final pas:
Passed
ATTEST:
01
12
If any section, provision or part of the Ordi-
be invalid or unconstitutional, such adjudica-
validity of the Ordinance as a whole or any
thereof not adjudged invalid or unconstitu-
r
ORDINANCE NO.
AN ORDINANCE AMENDING CWIPTER 5 OF THE CODE OF
ORDINANCES, CITY OF IOWA CITY, BY A+ENDING SECTION
5-1 THEREOF M PROVIDE A DEFINITION OF TIE TERM
"CIIDOOR SERVICE AREA," AND BY ADDING TWMII) PEW
SECTIONS 5-39 THROII(}i 5-44 RELATING TO TIE REGIA -
TION Of QIIDOOR SERVICE AREAS.
BE IT ORDAINED BY 11E CITY COUCIL OF llE CITY OF
IOWA CITY, IOWA, WT:
SECTION 1. UPOSE: The purpose of this revision
of Chapter 5 is to defire the term "outdoor service
area and to provide regulations for their operation
in conjunction with a premises licensed to sell beer
or alcoholic beverages.
SECTION 2. ANEIMM*Chapter 5 ("Alcoholic Bever-
ages hon 5-1 of the Cade of Ordinances of the
City of Iaa 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 ferreted liquor rectified oro or more times,
Whatever may be the origin thereof, and includes
synthetic ethyl alcohol.
Alcoholic liquor or alcoholic beverage in-
cludes the there (3) varieties of liquor defined
oder the terms "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 consumed by a hunan being
for beverage purposes.
Application means a formal written request
for the issuance of a permit or license supported
by a verified statement of facts.
Beer means any liquid capable of being used
for beverage purposes made by the fermentation of
an infusion in potable water of barley, malt, and
hops, with or without urmalted grains or
decorticated and degeminated grains containing
not more than four (4) percent of alcohol by
Wight.
Club means any non-profit corporation or
association of individuals, which is the owner,
lessee, or occupant of a permwneht building or
part thereof, mmbership in which entails the
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Ordinance No.
Page 2
prepayment of regular dues and is rot operated
far a profit other than such profits as would
accrue to the entire merbership.
Camercial establishment means a place of
business which is at all times equipped with
sufficient tables and seats to accomodate
twenty-five (25) persons at one time, and the
licensed penises of which conform to the stan-
dards and specifications of the deparhrent.
Council means the beer and liquor control
council established by state law.
Deparbnmt means the beer and liquor control
department established by state law or any divi-
sion of such deparbrent.
Director means the director of the beer and
liquor control department, appointed pursuant to
the provisions of state law, or his designee.
Ibtel or motel means a penises licensed by
the state departnant of agriculture and regularly
or seasonally kept open in a bona fide mama for
the lodging of transient guests, and with twenty
(20) or more sleeping roans. years of age or
Legal age means nineteen (19) ye
more. This provision shall not apply to Persons
who were born on or before June 30, 1960.
Licensed penises or penises means all roans
or enclosures is old or conss
aned under authority ere alcoholic beverages
f a liquor
control license or beer permit.
0utdoar 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 c nets r theiOn
alcoholic beverages or beer Pursuant
provisions of this Chapter, Chapter 123 of the
Ise Code, and Chapter 150 of the Iowa pdninis-
trative Code. Pn outdoor service area shall
include any outdoor area where beer or liquor is
to be old, served, carried, or tonsured by the
public and shall be considered as part of the
licensed peniand localses. The sane Federal and State
dina
to the
licensed premises shall ap
also apply t tes which he outdoor
service area.
permit or license means an ocpress written
authorization issued by the dePa'hnent for the
manufacture or sale, or both, of alcoholic liquor
or beer.
person means any individual, association,
partnership, corporation, club, hotel, motel, on
a bona
ficorporation owing li�d
de airport, marina, park,, coliseum, auditorium,
//7
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Ordinance hb.
Page 3
or recreational facility in or at Whdch 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 Who meets 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 crnrply with the state law and
all laws, ordinances, and regulations appli-
cable to his/her operations under state
law.
(Z) He/she does not possess a federal garbling
tauP.
(3) He/she is not prohibited by the provisions
of section 5-38 of this chapter from obtain-
.ing a liquor control license or bee- per-
mit.
(4) He/she is a citizen of the hthited States and
a resident of this state or licensed to do
business in this state in the case of a
corporation.
(5) He/she has not been convicted of a felony.
HymNer, if his/her felony conviction oc-
curred more than five (5) years before the
date of the application for a license or
havet and if his/ter been restored by rights hgovernnorr, the
director Trey determine that he/she is a
Person of good moral character notwithstand-
ing such conviction.
(6) If such person is a corporation, partner-
ship, association, club, hotel, or rrotel,
the requirements of this subsection shall
apply to each of the officers, directors,
and partners of such person and to any
person WV directly or indirectly owns or
controls ten (10) percent or more of any
class of stock of such person or has an
interest of ten (10) percent or more in the
ownership or profits of such person. For
the Purposes of this provision, an individ-
ual and his/her spouse shall be regarded as
ora person.
under tbeerhis ibited salof this chapter includessolicitirlic goffor osa�
taking orders for sales, keeping or exposing for
sale, delivery or other trafficking for a valu-
able consideration promised or obtained, and
Procuring emen
rocuring or allowing procurement for any other
person.
lic
ace
yatohtbplace,
building, or
conveyanceance Wichthe public has or ispermit-
ted access.
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Ordinance tb.
Page 4
Residence means the place Where a person
resides, permanently or temporarily.
Retail beer permit means a class "B" or "C"
bear permit issued under the Provisions of this
chapter and state law.
Retailer means any person Who shall sell,
barter, exchange, offer for sale, Or have in
Possession with intent to sell, any alcftlic
liquor for consumption on the premises Where
sold, or beer for consurption either on or off
the Premises Where sold.
alcohol it
h of obtai�ned by db stila tion mixed with
drinkable Water and other substances in solution,
including, but net limited to, brandy, run,
Whiskey, and gin.
Wine means any beverage containing alcohol
obtained by fermentation of the natural sugar
contents of fruits or other agricultural per_
ucts.
SECTION 3. AhETIOMW. Chapter 5 ("Alcoholic Bever -
NOT° Ordinances of the City of Iowa
City is hereby aTeded by adding thereto the follow-
ing new Sections 5-39 through 5-44, to read as
follows:
Sec. 5-39. Qnt w svice Arm.
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 and of the IM Beer and Liquor
Control DeIn
par ert before cementing operation of
such outdoor service area.
Sec. 5.10. ltplicationn for iFimissim to Oratean Qrt w Service km.
(a) An application for an outdoor service area
shall be made upon the form Provided by the
Citinitial application application anmay ppl ick
tion for a license or permit oder this
chapter or may be submitted at any time in
contjuxtion with an amended application for
a license or permit.
the
° A" application r service area shall ancludeal �all
inforrretion required to be submitted with
applications for beer and liquor licenses.
The application shall be srtmdtted to tte
city clerk at least 15 days prior to the
date it is to be considered by thecity
council. An outdoor service area shall be
subject to the same annual reeWal require-
ments as are all beer and liquor licenses.
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Ordinance bb.
Page 5
Approval by the city council of an outdoor
service area shall be by letter to the Iowa
Beer and Liquor Control Department with
regard to the diagram, dram shop insurance
coverage and all other state requirements.
(b) LIPon submitting an application for an out-
door service area, applicant shall provide
the nacre and address of the owner of each
abutting property as hell as every other
Property which is within one hundred (loo)
feet of applicant's prenises. 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 comrent 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. Paplation of Dubdow Service Arees.
The operation of an outdoor service areas
shall be subject to the following terms, condi-
tions and regulations.
(a) Outdoor service areas must be located on
private property and Trey not encroach on any
Public right-of-way 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 which 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 which
it adjoins. The required fire exit shall be
an emergency exit only.
(e) An outdoor service area must be imrediately
adjacent to the licensed establishment of
which it is a part.
'/ 7
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Ordinance No.
Page 6
(f) Outdoor service areas shall be permitted
only in those zones wbidn permit other than
residential uses and shall not be permitted
to exist within 100 feet of any lot zoned
for residential use.
(g) Outdoor service areas shall co ply with
appropriate building, housing and fire codes
and with all other applicable State and City
laws.
(h) Seating or other accamodations in an out-
door service area shall not exceed ane (1)
person per fifteen (15) square feet of floor
area accessible to the public.
(i) Wified sound equipnEnt shall be prohib-
ited in outdoor service areas. Carpliance
with the City noise ordinance shall be re-
quired. Additional advertising or identifi-
cation signage beyond that permitted for the
main licensed establistmxnt shall not be
permitted.
(j) The owner or operator of an outdoor service
area shall be required to observe the sere
per square foot occupancy limits that apply
to the building which it abuts. The occu-
pancy limit for each outdoor service area
shall be determined by the city building
official. In the event inclemnt 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
prenises 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. 5.2. Fi®ptions from Outdoor Service km
I�gulmtions.
(a) An applicant my, as a part of the applica-
tion for an outdoor service area, request
exemption from the requirenents of sibsec-
tiens (c) and (d) of Section 5-41 above.
After review and cament by appropriate City
staff, the City Council may approve such
exemptions 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 overs or users of abutting
property. The burden of establishing
entitlewt to such exemption shall be upon
the applicant, and cost of cmpliance alone
shall not be sufficient grourds to justify
exemption. Outdoor service areas in exis-
tence on the date of passage of the ordi-
nance codified in this section shall have
91i
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ordinance db.
Page 7
one year from the date of passage to corply
with all requirernepts for outdoor service
areas stated in paragraph (e) above, or to
obtain exemption therefran.
(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 exerpt frau the
requirerepts of subsections (a), (b), (c)
and (d) of Section 5-41 above. This acenp-
tion is deemed 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 sidealk cafes, and due to
the nature of public usage of City Plaza.
Sen. 5-43. bglectim of outdoor Service I rens.
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. aspensim or IEroratim of f mis-
sion to QtErate an Optdoor Service Rpm.
(a) The city may, after notice to the licensee
or permittee and after a reasonable opportu-
nity far hearing, suspend or revoke authori-
zation for the operation of an outdoor
service areas for any establishment when the
licensee or permittee has violated, or has
permitted or alloyed the violation of any
provision of the Iova Code or Code of Ordi-
nances of the City of I" City pertaining
to the operation of an outdoor service M.
or when the continued operation of the
outdoor service area constitutes a threat to
public health, wel fare, 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 carplaint with
the city council or Ime Beer and Liquor
Control Cannission. 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 hearirg, if held
before the city council, shall be governed
by the procedures as established by Sections
2-166 and 2-161 of the Cade of Ordinances of
the City of Iove City. In the event of
suspension or revocation, the city shall
9i7
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Ordinance No.
Page 8
notify the Iona Beer and Liquor Control
Department Hearing Board, pursuant to Sec-
tion 123.32, Cade of love.
(c) Notwithstanding the provisions of subpara-
graphs (h) and (i) above, the city council
may order the innediate closure of an out-
door service area if it is determined that
its continued operation presents a clear and
inminent threat to public health, safety or
vol 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.
SECTION 4. REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 5. SEVERABILITY: If any section, provision
or part of the Ordlnarce shall be adjudged to be
invalid or unconstitutional, such adjudication shall
rat 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 aftar itc final neer.. m
plbl icatic
Passed
ATIEST:
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It was moved by and seconded by
that the Ordinance as rea e a op ed and upon roll call there were: '
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONAID
STRAIT
ZUBER
First consideration 5/27/86
Vote for passage:Ayes: Courtney, Dickson, McDonald, Baker.
Nays: Strait, Ambrisco. Absent: Zuber.
Second consideration 6/2/86
Vote for passage Ayes: Courtney, Dickson, McDonald, Zuber,
Baker. Nays: Strait, Ambrisco.
Date published
ah 8 Appov+d
al bapanm.m
-77�ir�BYo
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