HomeMy WebLinkAbout1985-03-12 CorrespondenceeS
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hiviNG B. VEBBR 1�Q�
421 MYLROSE COURT G�
1"\YA CITY, Io1YA 52240
(310) 337-7006 (Q\v
March 4, 1985 ��GC
Mr. John McDonald,
Mayor of Iowa City,
Civic Center,
Iowa City, Iowa. 52240
Dear Mayor McDonaldl-
On March 16th, 23rd, and 30th I
am running a three part series of articles on Iowa
City mayors, all 56 of them, over the city's 133 years
of incorporation.
In the chronological listing of the city's
mayors and years served, Marian Carr, city Clerk, has
noted three mayors for whom streets have beeg namedi
Jacob DeForeat, Iowa City's first mayors Mo n Reno,
and
One parkand hisshas beenles named forM.oa mayor},1LeRoylburJMercer.
I know the City Council has been iving thought
to more meaningful names of strebts. I would like to
advance the Ahought that naming streets after mayors
would serve the dual purpose of recording Iowa City
history, and recognizing the men and women who have con -
a ibuted to the growth and development of the city. In
my opinion more streets should be named for Iowa City
mayors. As my threeart story on Iowair City mayors
runs, may I suggesty
Yu a truly,%-
Irving YWeber
p. S. - As a touch of levity, don't make the mistake
the city of Chicago once did. Back in the years when they
were taking in many suburbs, they found numerous instances
where the city and the suburb had streets of the same
name but running different dirdctions. They attempted
to correct the situation, and instituted a wholesale
changigg of street names. It was a great ides but proved
to be a catstrophe, with the streets ending up with both
nAMes for decades. Mechanicsville, Iowa did better, with
i one street named "No Name Street", with a street sign
j to prove
I
c/o - Neil Berlin, City Manager.
,142'5
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-500D
April 9, 1985
Mr. Irving B. Weber
421 Melrose Court
Iowa City, Iowa 52240
Dear Mr. Weber:
You no doubt have read newspaper accounts of the City Council's
discussion regarding the naming of streets. Your letter con-
cerning this matter was officially received and placed on file by
the Council. At its informal meeting of April 2, the Council dis-
cussed this matter including your suggestion to name streets for
Iowa City mayors. The Council asked the Department of Planning and
Program Development and the Historic Preservation Commission to
develop a policy which would utilize your suggestion as well as
community achievement and events of historical significance as
criteria for naming streets. We will send you a copy of the pro-
posed policy and will appreciate your review and comments.
Sincerely yours,
Neal G. Berlin
City Manager
Is
cc: City Clerk
LIR-3
I
The University of Iowa
Iowa City, Iowa 52242
Department of Spanish and Portuguese
Schaeffer Hall
(319) 353.4567
John McDonald, Mayor
City of Iowa City
Civic Center
Iowa City, Iowa, 52240
Dear Mayor McDonald:
March 1, 1985
I was very much distressed to read that there is talk of bringing
a zoo back to Iowa City. Those of us who were here in 1976
recall that at that time a very wise decision to close the zoo
then in existence was made by the Iowa City Council after a
lengthy and serious discussion of the pros and cons for keeping
the zoo open.
As you will undoubtedly recall, Iowa Citians fought a long, hard
battle to close down that zoo, which was an inadequate, outdated
facility in which animals were kept in confined, unimaginative
surroundings, due in great part to inadequate funding and lack of
professional care. At the time it was stated that some $250,000
would be required to convert the zoo into an adequatre facility.
A good zoo must provide proper food, housing in a completely
natural environment (no cages), and medical care and it must
employ highly qualified professionals to care for the animals.
Furthermore, it must have a purpose for its existence which is
based on animal needs, such as providing a natural environment
for breeding rare and endangered species. It would be a facility
based on deep dedication to animal welfare and wildlife conserva-
tion.
Meedlees to say, the establishment of such a zoo would require a
great deal of money. Furthermore, since the animals that would
be kept in the Iowa City zoo are animals natural to Iowa who are
not endangered species, what purpose would it serve to lock them
up rather than permit them to live out their lives in their
natural habitats?
The zoo concept is deeply disturbing to those of us who believe
that all animals, human and non -human alike, have a right to
enjoy their lives in freedom, in their natural lifestyles. Any
facility which keeps wild animals for the purposes of entertain-
ment and amusement of humans is exploiting animals and doing
nothing for the public.
1017
W
DeMello 2
I would, therefore, urge you and the other members of the Iowa
City Council to reject any requests to re-establish a zoo in
Iowa City. I would very much appreciate knowing your views and
those of the Council on this very important matter. I look
forward to hearing from you.
Respectfully yours,
A� 20
George DeMello
Associate Professor of Spanish
CITY OF IOWA
CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240
April 9, 1985
CITY
(319) 356-5000
Mr. George DeMello
Associate Professor of Spanish
Schaeffer Hall
The University of Iowa
Iowa City, Iowa 52242
Dear Mr. DeMello:
At a recent meeting, the City Council received and placed on file
your letter concerning a proposal to reestablish a zoo in Iowa City.
At its informal meeting of April 8, 1985, the Council members
discussed this proposal and were unanimous in their decision to
reject this request in view of the more pressing needs facing the
citizens of Iowa City.
Thank you for expressing your concerns.
Sincerely yours,
City Manager
Is
cc: City Clerk
ya1/
COMMISSIONERS
ODNA0 E KNUDSEN CH—IIII - E.gle O,o.e
OAAI nI EREESE. VNv Cnmmy, - welim.n
JOHN O FIELD - Nnnou,q
MARIAN PIXE - Wh'I' C
wRUMA a RIDDut - E.monne
IIIOMA$E SPAHIJ- D..W-
RICHARD THORNTON - 0.N Mnmee
February 28, 1985
The Honorable John McDonald
Mayor of the City of Iowa City
410 E. Washington
Iowa City, IA 52240
Dear Mayor McDonald:
Q �A Larry J. Wilson — Director
Wallace State Office Building, Des Moines, Iowa 50319
''- 515/281.5145
Jgy4�fM�SS"' An EQUAL OPPORTUNITY Agency
0
Congratulations on your selection as a Tree City USA, for your activities in
the past year. You recently received a letter from Mr. Rosenow of the
National Arbor Day Foundation concerning the award material which has been
forwarded to me.
The material has been delivered to my office and we would like very much to
make a presentation at a time and place which you may choose. Whether I can
personally attend may be in question, but someone can be present from our
organization to recognize your city for its efforts and present the material
from the Foundation. A tree planting ceremony near Arbor Day or a city
council meeting would be appropriate for such a presentation.
I am very pleased that you have been selected for this, and pleased with your
tree program. If you will take a little time and let me know when you would
prefer to have a presentation made, we will have a person from our staff
present.
Sincerely,
,
f William A. Farris
} Assistant State Forester
;, WAF/sr
i
cc: Terry Robinson
has
1985
REBE\V�BM�R �
February 28, 1985
John McDonald, Mayor
Civic Center
Iowa City, IA. 52240
Dear Sir:
After I attended the C.I.P. meeting held February 5th in the Civic Center I felt
compelled to write concerning an item that I felt was taken lightly because of its
controversial nature. The extension to Scott Blvd. has been delayed for a number
of years and appears to be on the back burner even longer. At the meeting I
heard the comment that until the county and state resolve the takeover of the
local road that your position would be to wait, I feel quite confident that if the
City of Iowa City will look closely at this issue that it becomes evident that we
have more to gain than anyone else. If we want the manufacturing area on the
southeast edge of town to grow traffic must move efficiently to and from those
businesses. A common access now to Interstate 80 eastbound is to use first avenue
to the local road. First Avenue is now a heavily traveled road. An item on your
agenda was for signalization at the corner of Bradford. Construction of homes has
not been apparent to the east of this intersection in the last four or five years.
Would this signal have been needed if Scott Blvd. was complete? I'm sure the
reason for this signal is a concern for safety and I agree that it is needed with
the amount of traffic on this main route,
We have invested a great deal of money in a wide road only to terminate
approximently 1 mile short of it's original destination. To attract more industry to
the south and improve the tax base for our finances, the completion of this road is
needed. I urge you to take a stand and set the presidence so that the county and
state will see that we are serious about improving our city.
Sincerely,
John Green
c
1/.2t0
✓ f Sri
The University of Iowa
Iowa City. Iowa 52242
College of Law
Clinical Law Programs
(318) 353-6788
February 26, 1985
Iowa City Council
Civic Center
410 E. Washington
Iowa City, Iowa 52250
To the City Council:
Enclosed herewith is a Memorandum in response to John Hayek's
letter to the City Council of February 21, 1985 concerning the rezoning
in the Melrose Lake area. The memorandum was prepared by the Civil
Litigation Clinic of the College of Law in order to provide further
information to the Melrose Lake Community Association. I hope you
will refer to both of the Memorandums prepared by the Clinic as you
deliberate the proposed rezoning. If you have any questions, please
contact the Clinic at 353-6786.
Sincerely,
effrey A. 'Smith
r.J��
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1047
o a � M
I L. B 2 71985
MARIAN K. KARR
CITY CLERK (3)
#1?7
MEMORANDUM Y a a 9
TO: Melrose Lake Community Association ; c 3 2 ? D
1985
FROM: Civil Litigation Clinic MARIAN K KARR
DATE: February 26, 1985 CITY CLERK (3)
RE: Rezoning in the Melrose Lake Area
You have asked us to respond to John Hayek's letter to the City
Council of Iowa City of February 21, 1985. That letter consisted of
several comments concerning a memorandum of law which the Melrose Lake
Community Association submitted to the City Council for their
consideration during deliberations on the downzoning of certain
properties in the Melrose Lake area. We will respond to the letter on a
point by point basis.
1. The "training and experience" of the drafters of the prior
memorandum has no relevance to the persuasiveness of the content. The
authors did not write the cases, the courts did. The City Council has
several members who are attorneys, and they are as capable as anyone to
check on the cases cited and determine for themselves whether the first
memorandum accurately characterized the relevant case law.
2. The fact that the developers may lose a portion of their
investment is not in dispute. Each case that was cited in the first
memorandum involved "unique and special facts" involved in the
particular situation. The issue is whether, under a given set of facts,
the developers have a vested right in a zoning classification such that
a rezoning would constitute a taking of property without just
compensation. The fact that the developers do have investment backed
expectations is only one factor taken into consideration by the courts.
42V
I
Other factors include, ". . . the type of the project, its location,
ultimate cost, and principally the amount accomplished under
conformity." (Emphasis added). Board of Supervisors of Scott County V.
� Paaske, 98 N.W.2d 827, 831 (IA 1959). As a general matter, the Iowa
i 1
cases only find vested rights to exist after a building permit has been
issued and after actual construction has begun. c.f., Brackett V. City
of Des Moines, 67 N.W.2d 542, 548 (Iowa 1954) (while owned by plaintiff,
land zoned commercial and approximately twenty-five years later rezoned
residential; just prior to rezoning plaintiff obtained a building permit
for a commercial building, had plans drawn up, and took bids for
construction, but no work was done prior to revocation of permit; "in
the absence of any actual construction by plaintiff under his building
permit its revocation was not in violation of his vested rights").
Another important fact here is that,
[The developers'] claim to a right to realize their invest-
ment expectation overlooks the fact that "rights granted by
legislative action under police power can be taken away
when in the valid exercise of its discretion the legislative
body sees fit" (citation omitted) . . . Because the
reasonableness of the council's decision to rezone [a
developer's] property is at least a fairly debatable
question, [the court] cannot substitute [its] view of
ef, - council.
1983Stone V. Cit of
Wilton, 331N.W2d 398 40405 (Iowa
Therefore, the city council should be sensitive to the developer's
investment expectations and inquire whether blueprints have been drawn,
contracts let, or permits issued. The existence of such expectations,
�( however, does not defeat the council's ability to exercise its police
powers. It would be anamolous indeed if the city's sovereign power
could be considered dependent upon private agreements or that the risk
of adverse future action should be imposed upon the city and not the
private parties.
-2-
4Z.;7
3. It is our understanding that the staff recommendations are not
identical to the Planning and Zoning Commission's recommendations. The
i City Council has the ultimate power to accept, reject or modify these
I
j recommendations. The Council has recently indicated it is more in favor
of the staff recommendations than those of the Commission, and that the
i t Council will meet with the Commission in order to resolve the
differences.
Should the council proceed to rezone in a manner not recommended,
that could serve as some evidence against the city.
But it is far from
conclusive evidence that the rezoning is unreasonable. What the courts
view as important are the City Council's stated reasons for rezoning.
Stone v City of Wilton, 331 N.W.2d 398, 402 (Iowa 1983). so long as
the reasons given do not contravene Iowa Code Chapter 414.3 (1983), and
do not serve as a pre -text for some underlying, unlawful discrimination;
the the courts will not substitute their judgment of reasonableness in
the place of the council's judgment. In light of these standards of
judicial review, it seems strange that there is continuing discussion of
a lawsuit which is doomed to failure so long as the council acts
reasonably and follows proper rezoning procedures.
4. When the courts look at the "reasonable economic use" of a
property after rezoning, they can indeed take into account the purchase
price, financing and the "realities of development." However, the
e situation in terms of the developer no
courts are not looking at th
longer being able to general a profit. Rather, the courts are concerned
as to whether no economic use remains after rezoning. That is, after
t the rezoning,
is the developer precluded from putting his land to use in
any allowable manner? The rezoning at issue here does take away the
-3- '/ 427
right to build lower density housing. The fact that rezoning may cause
a loss of market value is unremarkable in light of the well known case
i
i
of Euclid v. Amber Realty Co., 272 U.S. 365 (1926) wherein a 75%
I reduction in market value after rezoning was not considered a "taking".
t
So long as some reasonable use remains after rezoning, the council need
i
not be concerned that it is not the best and highest use of the
property.
5. The courts will consider the impact of both state and local
ii regulations upon a piece of land in determining whether the regulations
i
j constitute a taking. However, so long as the regulations are properly
enacted and reasonable in scope, they constitute a valid exercise of the
legislative police powers which courts are loathe to interfere with.
Further, there is no indication that we are aware of that the combined
effect of the regulations in question here have the effect of precluding
all development. Should rezoning occur, the city would have no right to
deny building permits for construction which is in conformance with the
new zoning. As long as some reasonable economic use remains, a
rezoning would not constitute a taking. The multi -family zoning
requested by the Melrose Lake Community Association, RS -8 would permit a
reasonable economic use of the property.
CLC/me
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447
J•�(tl•
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btvaiCity • Iowa �
M
Fitt
DD
195
March 7. 1985
Mayor McDonald
and the City Council
City of Iowa City
Civic Center
Iown City, Iowa 52240
Dene Mayor McDonald and the City Council:
CITY. CLERK
The GrenLer Iowa City Aren Chamber of Commerce recommends that
lht City Council approve a franchise agreement with Iowa -Illinois
Gus and P.leclric Company. We recommend that the franchise
agreement is established for a long-term period, which has been
ngre_t_d upon in negotiation between the City and the company.
We bel.iove that the proposed franchise agreement between the City
unit .Iowa -Illinois G E F, is in the best interest of the two
parties, and the citizens of Iowa City. lie take this position
alter considering the following items:
1. System Improvements --The franchise agreement provides the
ul.iliLy company the assurances it net -els to make long-term system
improvements within our community. without a franchise, a
r,nmpnny would lie less likely to make those improvements which
must be paid for over a number of years. This situation would
lead Lo repnir and make do maintenance rather than replacement.
•,';, Cn1iitnl Finalicing--If system improvements were undertaken,
llte lit, iIJT i:omptuty would borrow money. The bond interest rates
are dntormined by many variables (including contracts to provide
st.rvice, finnncinl stability of the e(impuny and public confidence
in the company), without a franchise, the utility may have to
pay higher interest rnLes for these borrowed funds without a
franchise.
3, Consumer Costs --utility rates are belled on the cost of
operation. If long-term system costs and bond costs increase,
then the consumer will pay for this increased costs through
increased utility rates. Thus the citizens of Iowa City will pay
the cosl.s of the increased uncertainty of the utility company.
4, Irnnomic Development. --one of the considerations of s
business iu Lhrir evaluation of n site for expansion or location
is tilt. businass climate. The lack of o utility franchise agree-
ment cony lend to poor business climate ratings.
Another issue in many of the locations and expansion
decisions is the cost end supply of adequate utility service..To
be competotive, our community needs to have a sure source of
competitively priced power.
Greater Iowa City Area Chamber of Commerce
P.O. Dox 2358 Iowa City, Iowa 52244 (319) 337-9637
��8
5. A Good Citizen--Iowa-Illinois Gas & Electric Company
provides ,lobs to about 100 people in Johnson County, and is one
of Own City's largest property tax payers. The company is an
devr_lopmenL for the community, and
.••-L,•n• p..rl ncr in rcnrunnic
supporls Lhe community through financial and personalcommittion,
meat.::. The company has nidea in efforts Cor energy
and is considered exlromrly rrsponsive in customer r.elatinns,
The Chnmhpr of Commerce urges the City Cnnncil to recommend the.
.•.... ,,: — to the voters for approval.
'.�,(l)•
n
Irnva City • Iowa 9'e
F
o
L
k
MAR 7
1985
CITY. CLERK
Mayor John McDonald and City Council Members
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Mayor McDonald and Council Members:
This memo is in regard to the sign ordinance which will be discussed
informally at the council meeting on Monday, March 11th. The leader-
ship of the Greater Iowa City Area Chamber of Commerce has scheduled
a special meeting to discuss and determine the Chamber's position
and recommendations concerning the proposed sign ordinance. After
the meeting on Friday, March 8th, a letter will be delivered to the
City Manager with the Chamber's position and background information.
On Monday, March 11th a spokesperson will be on hand at the informal
session to answer questions backing the Chamber's statements.
Sincerely,
Bill Bywa res Vdent
Greater Iowa City Area Chamber of Commerce
BB:jt
Greater Iowa City Area Chamber of Commerce
P.O. Box 2358 Iowa City, Iowa 52244 (319) 337.9637
■
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I
City of Iowa City
MEMORANDUM
Date: February 28, 1985
To: Honorable Mayor and City Council
From: James Brachtel, Traffic Engineer'�_Z,
Re: Parking Prohibition on Ridge Road
Pursuant to Section 23-16 of the Municipal Code of Iowa City, this is to
advise you of the following action:
ACTION:
Pursuant to Section 23-234 of the Municipal Code of Iowa City, the City
Traffic Engineer will direct the installation of a NO PARKING 2 A.M. TO 6
A.M. on the southwest side of Ridge Road from a point 350 northwest of the
intersection of Ridge Road and Forest Glen northwest to a point 500 feet
northwest of the intersection of Ridge Road and Forest Glen. This action
will take place on or shortly after March 14, 1985.
COMMENT:
This action will extend the existing NO PARKING 2 A.M. TO 6 A.M. zone farther
northwest along the southwest side of Ridge Road. This action is being taken
at the request of the affected property owner.
bj4/2
o W � M
fEB281985
MARIAN
CITY CLERKR
3
430
Yarca 8, 1985
To the ?;embers of the City Council, Iowa City, Iowa
Re: Public nearing on Urban Environmental Policies, !;arch 12
I write to requer!.t the Iowa City Council to adopt the Urban
Environmental Policies amendment to the 1933 Comprehensive
Plan update. Because of past experience, I am convinced
that protective policies are important for each of the five
categories named.
I now own and inhabit a house at 1639 Ridge Road in an
environmentally sensitive area, a buffer area, an open space
and the North Dubuque Street entranceway to the city; with
a scenic vista over the river and its migratory bird fly -way.
This area has been significantly damaged recently by entre-
peneurs in the pursuit of profit to which they seem to feel
they have a natural right. I mention the environmental ^amage
produced by reckless grading behind the Cliff Apartments, by
the insertion of a house at 1701 Ridge Road to out off views,
and the cutting of trees and filling of the river bank. along
Taft Road. All of these fictions are held to be within the law.
Adoption and implementation of the Urban Environmental Policies
Amendment will give a legal status to the public interest
and offer needed machinery for its protection.
R 1 11985
MARIAN K. KAl:4
CITY CLERK (3)
Very truly yours,
Alexander C. Kern
1639 Ridge Road
Iowa City, Iowa
4�_3
I
t
i
I
Yarca 8, 1985
To the ?;embers of the City Council, Iowa City, Iowa
Re: Public nearing on Urban Environmental Policies, !;arch 12
I write to requer!.t the Iowa City Council to adopt the Urban
Environmental Policies amendment to the 1933 Comprehensive
Plan update. Because of past experience, I am convinced
that protective policies are important for each of the five
categories named.
I now own and inhabit a house at 1639 Ridge Road in an
environmentally sensitive area, a buffer area, an open space
and the North Dubuque Street entranceway to the city; with
a scenic vista over the river and its migratory bird fly -way.
This area has been significantly damaged recently by entre-
peneurs in the pursuit of profit to which they seem to feel
they have a natural right. I mention the environmental ^amage
produced by reckless grading behind the Cliff Apartments, by
the insertion of a house at 1701 Ridge Road to out off views,
and the cutting of trees and filling of the river bank. along
Taft Road. All of these fictions are held to be within the law.
Adoption and implementation of the Urban Environmental Policies
Amendment will give a legal status to the public interest
and offer needed machinery for its protection.
R 1 11985
MARIAN K. KAl:4
CITY CLERK (3)
Very truly yours,
Alexander C. Kern
1639 Ridge Road
Iowa City, Iowa
4�_3
5,ti
;;arch 3, 1985
Iowa City Council
Civic Center
410 E. WashinEton
Iowa City, IA52240
Re: Public Hearing on Urban Environment Policies, ,Sar.12, 1985
Because I am unable to attend this public hearing, I am
writing to urge eadhoc committeeonIowaCityUrban
dtmtnof tlic
by your
-
ies as drawn up by
Environmental Policies.
The areas this committee identified for natural and aesthetic
preservation need protection if they are to escape destruction
by contractors and builders indifferent to the effect of slic-
ing half a hill e IowaDrivereandreausing erosion by es sucheen
Taft Road and. the g
prac-
tices.
I would also like to commend the preservation of unique neigh-
borhoods and buildings as well as scenic vistas and attractive
entranceways into Iowa City. spot or variance zoning can quickly
turn such attractive areas of our city into neon -lighted 'strips"
if such zoning occurs regularly or even sporadically.
}1y husband and I ^_ve laved in Iowa City since 1936. ;!e chose
to live here after our retirement. Please do not drive us away
from Iowa City by failure to Fuard our common urban environment.
11985
MARIAN K. KARR
CITY CLERK (3)
sincerely, /
9i, au, 14_�Lyuvv
Jean B. Kern
1639 Ridge Road
Iowa City, Iowa
443
N
IOWA CITY ALLERGY CLINIC
John Kammermeyer, M.D.
Allergist
404 E. Bloomington
Iowa City. Iowa 52240
Marc;I 11, 1985
The City Council of Iowa City
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Dear Council Members:
Phone (319) 354-7014
I will be unable to attend the public hearing on Tuesday evening,
March 12, concerning the Urban Environment policies developed by
the Urban Environment Ad Hoc Committee. It is difficult to be
opposed to these policy ideas when expressed in general terms.
However, the problem arises when one comes to specific implemen-
tation. Any restriction imposed on a single property owner,
which does not apply to other property owners given the same
zoning, becomes a capricious and discriminatory application of
the law, and in effect becomes confiscation of part of his property
value.
Therefore, any restrictions imposed need to be based on objective
criteria, not subjective feelings and will need to be applied to
all porperties within Iowa City that meet those objective criteria,
not just one localized area or spot.
In summary, as was noted many times in the past while I was on the
Planning and Zoning Commission, if a given area is to be maintained
in it's undeveloped state then it should be bought up either by the
city or by a private group of citizens in order to accomplish that
end. I think that any practical implementation of the general
urban environmental policy statement is impractical and undesirable.
JK:ibp
Sincerely yours,
92w, , G
Jo n Kammermeyer, M.D.
o a � M
12 19B5
MARIAN K. KARR
CITY CLERK (3)
4443
26 Leamer Ct.
Iowa City, Ia.
March 7, 1985
Members of the City Council I� 'h E D
City of Iowa City
410 E. Washington St. idr,n 1 1 1985
Iowa City, Ia.
CITY CLERK
Dear Members of the City Council:
The letter concerns the proposed downzoning of the property
which lies fifty feet south of my home, the Neuzil property. My
concern is that development of that property to the maximum density
allowed under current zoning would result in extreme traffic congestion,
in the deterioration of the already poorly surfaced street on which my
family lives, and ultimately in the residents of that street suffering
personal and financial hardship. As far as I have been informed by the
University Heights City Council, street resurfacing for Leamer and Olive
Courts is the responsibility of the individual home owners on the streets.
Most of the people on our street are retired and simply could not afford to
resurface the street, let alone afford to have it rebuilt to accomodate
the increa� d,traffic. Moreover, there is no adequate outlet for traffic
from these to exit. Even now, it can take as long as twenty—five minutes
to drive from my house to the Burlington Street bridge during morning
rush hour. The situation will only worsen with the completion of 380.
In the past few days, I have become aware of the popular support
in this community for maintaining some of this property as a green area
of a small park. Adherents of that proposal tell me that drainage problems
are already severe in the areas below this property and could be made
disastrous by overbuilding on the two small hills on this property. While
the entire acreage is no doubt too expensive a parcel for the communities
to purchase, perhaps some provisions could be made to allocate a substantial
portion to green area if for no other reason that to catch the runoff -of
the new construction.
When I moved to Iowa City three years ago to take a teaching ,job
at the University, we purchased this house without really knowing that
University Heights was other than a subdivision of Iowa City. My wife
and I consider ourselves residents of Iowa City, and find the existence
of University Heights as a separate entity somewhat amusing. Like a number
of the new residents in this area,: we would like to see one city government
in this area. Me7,... the current situation is particularly awkward.
There is no access to the Neuzil property other than through University
Heights and yet there is no vehicle for residents on those streets to
approach representatives that they have elected to the City Council. There
is an attitude among some of the older residents here that the Iowa City
City Council does not care what happens in University Heights. Certainly
my conversations with you indicate just the opposite. There are a number
of us newer and younger residents would give considerable support to more
cooperation with and ultimately consolidation in Iowa:City. I think many
people are watching to see the extent to which the Iowa City City Council
demonstrates concern for the residents of the single family communities
which surround the Neuzil property on three sides and for the residents
7 7 /
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City of Iowa City
MEMORANDUM
Date: February 27, 1985
To: City Council
From: Marianne Milkman, Associate Planner ht
Re: Melrose Lake Community Association Rezoning Request
The attached map shows the amended boundaries for the tracts for which
rezoning is requested. The proposed ordinances have been amended accord-
ingly.
Tract A includes all of the original Neuzil tract excluding the northeast
corner.
Proposed rezoning: RM -12 to RS -8.
Tract B includes the Williams property (Melrose Lake Apartments) and the
northeast corner of the original Neuzil tract.
Proposed rezoning: RM -12 to RS -8.
Tract C includes all of the Lakewood Addition (properties on Oakcrest Street)
except the Strolt property (zoned RM -12) in the northeast portion of the
Lakewood Addition. Also included in Tract C is the parcel of land east of
Woodside Drive and west of the former CRI&P railroad tracks.
Proposed rezoning: RM -44 to RNC -20.
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�'V-v
Z-8420 EXISTING ZONING
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City of Iowa City
MEMORANDUM
Date: March 7, 1985
To: City Council
From: Karin Franklin, Senior Planner
Re: Sign Regulations
Billboards
At the February 26 Council meeting, the question arose as to why the bill-
boards were being removed from North Dodge Street. As part of the Federal
Beautification Act, the state Department of Transportation has purchased the
two billboards from Swab Advertising and will be removing those signs.
Real Estate Si ns
The staff would suggest that "Real Estate Signs" be removed from the
"Temporary Sign" category and placed separately under the general heading
"signs not requiring a permit." Temporary signs are limited to a duration of
30 days. This is an unreasonable period of time to limit the placement of
real estate signs under certain market conditions; it often takes longer than
one month to sell a home. With this change, real estate signs would still
have to be removed 48 hours after the sale of the property. This item came
to the staff's attention during the review of the provisions for temporary
signs in considering requirements for non -permanent window signs.
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City of Iowa City
MEMORANDUM
Date: March 6, 1985
To: City Council
From: Doug Boothroy, ctor of Housing & Inspection Services
Re: Regulation of Posters and Non -Permanent Signs in Windows
Regulation of temporary signs is a difficult proposition simply because
they are temporary. Careful consideration should be given to whether or
not the regulations are reasonable and practical to enforce.
As initially proposed, posters and other non -permanent signs in windows
did not require a sign permit to erect but would have to meet three
standards:
1. Time limitation of 30 days.
2. Area requirement not to exceed 25% of a window.
3. Area requirement that the sign area of posters and other non -permanent
signs shall be deducted from the total allowance for permanent window
signs.
The Council deleted the area requirement standards noted above in Al and
d2 in giving the Sign ordinance its first consideration and requested
staff to propose alternatives to these stipulations.
The staff conducted a cursory window survey of businesses within the
community and identified the following alternatives:
1. Area requirement not to exceed 50%, deletion of the time limitation
and the requirement that the non -permanent signs be deducted from the
total allowance for permanent window signs.
2. Exempt grocery stores, drug stores, and convenience stores from any
standards established for non -permanent signs.
3. No regulation of posters and non -permanent signs.
Staff recommends no regulation of posters and non -permanent signs (Alter-
native N3). The reasons on which we base our recommendation are as
follows:
1. Assuming the issue is control of extensive coverage of windows, it is
questionable as to whether or not a problem exists.
Non -permanent signs have not been a problem at least in terms of
complaints received from citizens. The City has not received any
complaints under the old regulations except for going out -of -business
signs which are regulated separately under the proposed ordinance.
Page 2
The window survey indicated very few businesses exceeded the 25%
requirement. All grocery stores and drug stores surveyed exceed the
25% area requirement to an extent of approximately 50% or more. A few
businesses painted a major portion of their window area, creating a
situation in which even 25% coverage of the total window would
effectively cover the entire window.
2. The effectiveness and cost of enforcement.
Violations of the Zoning Ordinance are treated as criminal infrac-
tions. This procedure is cumbersome, lengthy, and therefore costly.
It takes more time to pursue a violation and get it before the court
than normally would be needed, wanted or desired by property owners
for their temporary signs (e.g., a temporary sign may be up for 10
days and the court appearance date may not be for 120 days). If the
sign were to be removed, it has been the practice of the City not to
pursue litigation because compliance is the primary goal rather than
punishment.
3. A sign permit is not required and therefore regulation would be on a
discovery or complaint basis.
Because a permit is not required, it is very difficult to provide
timely enforcement. Without knowledge of when signs are erected,
enforcement would necessarily be on discovery/complaint which may
occur a considerable time after the sign was initially erected. This
raises questions concerning enforcement consistency because discov-
ery/complaint may be more immediate in some situations than others.
The non -regulation of posters and non -permanent signs has not, in my
opinion, posed a problem in terms of coverage of windows or signage
clutter. The 25% requirement is too restrictive for grocery stores and
drug stores and, in some situations, businesses having a "Special sale".
If the Council considers some regulation of non -permanent signs necessary,
modifying the area requirement to allow at least 50% would accommodate
most situations. However, pursuing litigation and securing compliance
will be costly and time consuming for an inexpensive temporary sign which,
in all likelihood, will be removed prior to a court hearing.
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City of Iowa City
MEMORANDUM
Date: March 11, 1985
To: Douglas W. Boothroy, Director, Housing
& Inspection Services
From: Sherri Patterson, Code Enforcement
Assistant
Re: Sign Permit
Applications
The following sign
permit applications
are being held until the new code is
adopted or the moratorium expires. See explanation
for each permit below:
Property Address
Business
Reason for Holding
715 Highway 6, E.
Autohaus
Request for second free-standing
sign. Not allowed under present
code.
2141 Muscatine Ave.
Bob's Radio & T.V.
Second facia sign erected on a
parapet. Cited as a violation. Will
conform under new code.
1910 S. Gilbert St.
Gilbert St. Corp.
Second facia sign erected without
permit. Cited as violation. Permit-
ted under new code.
312 E. College St.
Masonic Temple
Request for second facia sign.
Permitted under new code.
320 Kirkwood Ave.
Benda, Lawrenson
Facia signs erected on two separate
Brown Realtors
sign walls. Cited as violation.
Permitted under new code.
5 Sturgis Corner Dr.
Video Update
Each business has inquired regarding
Audrey's
facia signage to be erected on a
parapet. Not permitted under present
code although permits were issued
for two other businesses at this
address. Will be permitted under
new code.
17 S. Dubuque
Blackstone's
Request for second facia. Permitted
Beauty Shop
under new code.
? S. Gilbert St.
Aldi's
Request for free-standing sign at
(to be constructed
35'. Not permitted under new code,
by April 85)
therefore cant issue until morato-
rium is lifted.
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JY P 8 Z RECOMMENDATION
APPROVED 12/20/84
TfTH COUNCIL
ME -
Sec. 36-60. Sign regulations.
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(a) Intent. It is the purpose of the sign regulations to enhance and protect
the physical appearance and safety of the community, to protect property
values and to promote the preservation of Iowa City's areas of natural,
his ric and scenic beauty. It is further in nded to reduce distrac
tions d obstructions that may contribute o traffic accidents, reduce
i
hazards th may be caused by signs prof cting over public rights of way,
or all sign users to display signs
provide for a reasonable opportunity
for identificati without interfer nce from other signage, to provide for
fair and equitable treatment f all sign users, and to establish a
reasonable period of ti a for he elimination of nonconforming signs.
(b) General rules and applica ili
(1) No sign on priva a property sh 11 be erected or changed in any manner
without compl'ance with the r ulations stated herein. Routine
maintenance all not be subject to t is Chapter.
(2) These reg lations are intended to be exclu ionary and any sign not
specific lly listed shall be prohibited.
(3) These regulations are structured within the two general categories of
j temporary and permanent signs. Temporary signs are governed by the
provisions of Section 36-62(a)(1)f. Permanent signs may be either
2
off -premises or on -premises signs. Off -premises signs are governed by
the provisions of Section 36-62(a)(2)j. All on -premises signs are
governed by the regulations of the zone in which they are located.
(4) In all zones a maximum sign allowance is permitted for all permanent
��\�signs placed on a building. Any quantce
r type of building sign
me be erected within this maximum a and according to the
spec tic requirements of the zone iwhich the building is located.
The building sign allowance sh 11 relate to the wall on which a sign
is to be place Xumbuilodi
determined by calculating a percentage
of the total sqlef the sign wall, as specified in the
zone. In the r more uses or occupants in a single
building, the tignage on a wall for all the uses shall
not exceed the g sign allowance for that wall.
Free-standing signs, monument sign or any other signs not mounted
on a building/are not included in thi maximum building sign allow-
ance and are governed by the specific req 'rements of the zone.
(5) In any Ase in which the Code of Iowa is more restrictive than the
regulat ons contained herein, the Code of Iowa shall be applied.
Sec. 36-61. Definitions.
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3
The following definitions shall be applicable to the provisions of the sign
regulations. The definitions contained in Section 36-4 of this Chapter shall
apply to all terms not herein defined:
i
(a)(1) Advertising sign. A sign that displays the type or name of a product,
goo, or service sold either on or off the premises on which the sign is
locat
(2) Animated s n. Any sign or paZofaign that moves or has intermit-
tent lighting.(3) Awning sign. A bui ing sign pthe surface of an awning.
(b)(1) Balloon. An inflatablefilled with gas and displayed in such a way
as to attract attention he premises on which it is located.
(2) Banner. A strip of 1exible m\terial such as cloth, paper or plastic
securely fastened all cornea building or a structure and used
to advertise a sp tial event.
(3) Billboard.A off -premises sign on w ich poster panels or bulletins
are mounted. Billboard signs are not fr e -standing signs or monument
signs.
(4) Buildingign. Any sign which is in any way attached to a building or
to an app rtenance of a building.
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(c)(1) Canopy sign. A building sign attached to or in any way incorporated
with the face or underside of a canopy, marquee, or any other similar
building projection, and which does not extend beyond the projection by
more than six (6) inches.
I
(2) Chan eable copy sign. A sign, such as a read board, which has
compone is which are easily changeable by phys'cal and not electronic
methods.
(3) Common sign. A si which serves two 2) or more uses.
(4) Construction sign. A tempora y sign identifying the architects,
engineers, contractors an of r individuals involved in the construc-
tion of a building and/or a nouncing the future use of the building.
(d)(1) Development sign. A mo ument s'gn designating the name of a subdivi-
sion or large scale de elopment.
(2) Directional sign. A sign designed to guide or direct pedestrian or
vehicular traffic and containing no ad ertising message.
(3) Directory sig A sign displaying the name of a building, building
complex and/ the occupants.
(4) Drive-thru restaurant menu sign. A sign displaying a menu or similar
advertis' g for the purpose of allowing patrons of a restaurant to
order food at a drive-thru facility. `
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(e)(1) Electronic sign. A sign on which a changing message is displayed
through the use of an electronically controlled and illuminated medium.
An electronic sign is considered to be an animated sign.
(f)(1) Fa is sign. A single -faced building sign ich is parallel to or at
an a le of not more than 45 degrees from he wall of the building on
which i is mounted. Such signs do no extend more than one (1) foot
out from rtical walls nor more th one (1) foot out at the signs
closest point from nonvertical wall .
(2) Filling station si s. Signag which generally appears as an integral
part of the equipme t acce sory to automotive service stations and
other establishments en g in the dispensing of motor vehicle fuel or
oil, including but not ited to gasoline pumps, oil display racks,
and portable tire rack .
(3) Flag, priv/teprivate fl g is any flag displaying the name,
insignia, lblem of an in ividual or a profit-making entity.
(4) Flag, publilic flag is any f ag displaying the name, insignia,
emblem or te United States, t e State of Iowa, the City, or a
non-profition or institution.
(5) Free stan ing sign. A sign which is supported by one or more up -rights
or brace which are firmly and permanently anchored in or on the
ground, and which is not attached to any building or wall.
1 7
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(g)(1) Grand opening sign. See "Special event sign."
( (2) Going -out -of -business sign. A sign announcing a sale resulting from
t \the termination of a business on the premises.
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(h) (I \tointerfere
sign. A sign which, because of�its construction or state of
may fall or cause possible iq-jury to passers-by, as deter -
i
the City; a sign which ecause of its location, calor,
i
n, ar animation, interfe es with, obstructs the view of, or
sed ith any authorized raffic sign, signal, or device; or a
ch make use of the wo s stop, go slow, Caution, drive
nger," or ny other ord, phrase, symbol, or character in such
to interfere ith mislead, or confuse traffic.
(i)(1) Identification sign. \Aign displaying the name, address, crest,
insignia or trademar , ion or profession of an occupant of a
building or the nam of any buil ing on the premises.
(2) Illumina/ncement
Any sign in which source of light is used to make j
i
the mesble. An illuminated ign need not be an electronic
sign.
(3) Institun. A sign which display the name of a religious
+ instituool, library, community ce ter, civic, cultural or
historiinstitution, nursing home, hospital it similar institution and
the annof its services or activities. i
7
(4) Integral sign. A sign carved into stone, concrete or other building
material, or made of bronze, aluminum or other permanent type of
construction and made a part of the building to which it is attached.
(j) ReserveV"Cappy
(k) Resery
(1) Resery
(m)(1) Maropy ign•"(2) Monwhi h is integral to its base and is firmly
anc
(n)(1) Non -conforming sig A sign other than a prohibited sign, that does
I, not comply with t e regulations of the zone in which it is located by
reason of these or any other regulations adopted after the erection of
the sign.
(o)(1) Obsolete sig . A sign that advertises an ac ivity, business, product,
or service o longer conducted.
(2) Off-premift"n
s sign. A sign which directs attention to a use conducted
off the l which the sign is located.
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(3) on -premises sign. A sign which has the primary purpose of identifying
or directing attention to the lot on which the sign is located.
(p)(1) P inted sign. A sign painted directly on an exterior surface of a
buil ing other than the windows.
1
(2) Parapet s n. A facia sign erected on parapet or a parapet wall.
(3) Permitted sigVreu
ich is llowed in the zone in which it is
listed, subjance with the requirements of the sign
regulations.
i
(4) Portable sigis not firmly and permanently anchored or
secured to ing or the ground and is not expressly
permitted unations as a temporary sign.
(5) Political sign. A t porary ign announcing candidates seeking public
office, a political issue, or a ign containing other election informa-
tion, such as "vo today." Poli ical signs shall not be construed to
be off -premises igns.
(6) Poster. A to porary sign on a card or eat of paper, plastic or other
Isimilar mat ial intended to advertise or publicize a product or
event.
(7) Prohibite sign. A sign, other than a non -conforming sign, not
permitted y this Chapter.
41 V`/
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(8) Projecting sign. A building sign which extends more than one (1) foot
out from the wall of the building on which it is mounted.
(9) Provis'onal sign. A sign which is permitted in a zone under certain
circumsta es.
(10) Public art. An work of art exposed to pyblic view from any street
right-of-way which does not contain ny advertising, commercial
symbolism such as to Qs and trade mar s, or any representation of a
product.
(11) Public sign. A sign o/s*ns
interest erected by or upother public agency. Sucsigns, zoning signs, memohistorical interest and a
(q) Reserved.
nercial nature and in the public
r or authorization of the City or
lude but are not limited to safety
signs for structures or sites of
(r)(1) Real estate signJe.npi
A temporary sign which adveises the sale, rental,
or lease of theses or part of the premise`on which the sign is
located, includien house directional signs.
(2) Roof sign. sign erected upon or above a roof of a building and
affixed to thI roof.
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(s)(1) Seasonal decoration. A display, which does not constitute a sign,
pertaining to recognized national, state, or local holidays and
observances.
(2) Sign. Any structure or medium, including its component parts, which is
visible to the public from a street or public right-of-way, and which
is used\da
nded to be used to direct atte tion to a business,
product, subject, idea, premises, or hing. Signs shall not
includes or landscaping. The term ign includes, but is not
limitedre ding matter, letters, n merals, pictorial represen-
tationss, t demarks, inscript ons, and patterns, whether
affixeduilding separate f om a building. Public art,
seasonations, and 'rection symbols on paved surfaces are
not incthis definition
(3) Sign face. The surface of th sib upon which is affixed reading
material, letters, numerals, pictor'al representations, emblems,
trademarks, inscriptions and or patterns.
(4) Sign wall. The wall f a building upon wtich a sign is mounted
including elemen/ane.
e wall or any member or group of members which
define the exterdaries of the side of the building on which the
sign is mountedich has a slope of 45 degrees or greater with
the horizontal p
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(5) Special events sign. A sign announcing grand openings, the Parade of
Homes, philanthropic events, events of non-profit organizations, or
events of civic interest.
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(6) Spinner. A device shaped in a form similar to a propeller and designed
I
o rotate in the wind to attract attention to the premises on which it
is to ted.
(7) Swinging sign. A sign which, beca a of its design, construction,
suspension or atta ment is free to swing or move noticeably because of
pressure from the wind.
(t)(1) Temporary sign. A sign in nd for a period of display of not more
than 30 days, which shall a remov upon completion of the activity or
project denoted by the ign. Such signs may be erected in addition to
signs otherwise permi ed.
(2) Time and temperatµ�e sign. An identification sign which shows the time
and/or temperatu}ee.
(u)(1) Use. For a purpose of the sign regulations, use shall mean a
principal u e as defined in this chapter.
(v) Reserved.
41-Y7
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(w)(1) Window sign. A building sign permanently affixed to a window, embedded
in a window or hanging adjacent to a window and obviously intended to
be viewed through the window by the public. Merchandise or product
displays, posters, signs painted on windows and temporary signs are
not included in this definition.
(x) Rea\sasign.
(y)(1) A temporary sign
/
(z) Reserved. \
Sec. 36-62. Permitted signs.
(a) Sians permitted in
as described below.
sing a yard sale or a garage
signs listed below shall be regulated
(1) Signs not requirin a permit. The fol owing signs may be erected in
addition to the ignage permitted in ea zone without obtaining a
permit. These igns shall not be appliedtoward the maximum sign
allowance speci ied in the zones, except as herwise indicated in
this subsectio .
a. Construct on signs. Non -illuminated construction signs not to
exceed a otal of 64 square feet or 32 square feet per sign face
shall be permitted for each lot. Such signs shall not exceed a
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height of five (5) feet in residential zones or 10 feet in other
zones nor be closer than five (5) feet to any property line
unless located on the wall of a building, fence, or protective
barricade surrounding the construction. Construction signs shall
be removed prior to the issuance of the Certificate of
Occupancy.
I
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b. Fillin station signs.
c. Identificati signs not a ceeding two (2) square feet in area.
d. Informational wind s' ns. Window signs displaying information
about the operation o the business, including but not limited to
days and hours of o era 'on, telephone number and credit cards or
bank cards accept . Such signs shall not exceed a maximum area
of two (2) squar feet.
e. Public flags nd one (1) private lag displayed in conjunction
with public lags.
f. Public si ns.
g. Tempor ry signs. The signs listed are temporary signs, the use
of w ich is limited to a maximum of 30 days, and are subject only
to the regulations listed below:
14
1. Political signs. Political signs shall be subject to the
following requirements:
i. In residential zones, non -illuminated political signs
none of which may exceed twelve (12) square feet in area,
may be displayed on each premises. Such signs shall not
be erected earlier than 30 days prior to the date of the
election for the candida � or issue indicated on the sign
and all such signs sh 1 be removed no later than seven
( days after the el ction date.
ii. In ot`4r zones, olitical signs shall conform to the
applic%b regul tions for permitted signs in the zone.
p 2. Posters and othe non -permanent signs in windows. —sueh
3. Real estate signs. 7squarefe
minated real estate sign
not to exc ed eightor four (4) square feet
per sign face in r, or 64 square feet (32
square f et per signon s, shall be permitted
on each lot. Such signs shall not exceed a height of five
(6) fe t in residential zones or 10 feet in other zones nor
15
be closer than five (5) feet to any property line unless
located on the wall of a building or fence. Such signs shall
be removed within 48 hours after the sale of the property.
4. Yard sale signs.
(2) Si requiring a permit. The following signs may be erected and
shall c ply with the requirements of Serl 36-64(b). These signs
shall be a lied toward the maximum si {i/age allowance specified in
each zone, exc t as otherwise indicatd in this subsection.
a. Changeable copyigns. Such/gns shall be erected in accordance
with the dimension 1 reqnts of the zone in which the sign
is located.
b. Development signs. One ) development sign not to exceed a
total of 64 square eet or 3 square feet per sign face shall be
permitted at each street entran a to a subdivision or large scale
development.
c. Directional gns. Such signs shall not exceed a total of four
(4) square f et or two (2) square feet per face in R zones, or a
total of s' (6) square feet or three (3) square feet per face in
all other zones.
d. Directorb signs.
*/
16
e. Drive-thru restaurant menu signs. The total square footage of
these signs may not exceed ten square feet and shall be in
addition to the signs permitted in the zone and shall not be
applied toward the maximum signage allowance.
f. Going -out -of -business signs. These sins shall be non -illumi-
nate and not exceed 100 square feet. A going -out -of -business
sign may displayed for up to 60 ys. The sign permit shall be
automatically enewed with the re wal of a going -out -of -business
license so long @s\ the total 'me period in which the sign is
displayed does i� t exce 90 days. The use of
going -out -of -business s' ns s restricted to one (1) time in a 12
month period for a single usiness. Going -out -of -business signs
shall not be applied war the maximum signage allowance
specified in each zone.
g. Institutional signs. ne (1) instituti al sign, not to exceed a
total of 48 square f t or 24 square feet er sign face shall be
permitted for each institution. No such s n shall exceed a
height of five (5) eet above grade.
h. Integral signs. Such signs existing prior to the adoption of
these regulation shall not be applied toward the maximum sign
allowance of th blrilding to which they are attached.
;,
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i. Large scale real estate signs. One (1) non -illuminated monument
real estate sign not to exceed a total of 64 square feet or 32
square feet per sign face shall be permitted per subdivision or
development of greater than two (2) acres in size. Such signs
shall not exceed a height of 10 feet and shall be removed upon
the sale or lease of 50 percent of the lots or units in the sub -
div ion or development. These signs shall not be applied toward
the ma 'mum signage allowance speti ted in each zone. Large
scale re
estate signs shall n be Considered off premises
signs.
j. Off -premises signs.
1. Off -premises sign all not be permitted in residential,
CO -1, CN -1, CB 0 and ORP zones. In the CB -2 zone, only
off-premise/bb
cia sign shall be allowed. Off -premises
signs may illboardsignsor any other type of sign
allowed in one in which the sign is located.
2. Not /edcloser
than one (1) off -premises sign may be erected or
maind per lot. Two or more uses may erect a common
off-ses directional sign. No off -premises sign shall be
loca than 300 feet to another off -premises sign.
#6
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v
i. Large scale real estate signs. One (1) non -illuminated monument
real estate sign not to exceed a total of 64 square feet or 32
square feet per sign face shall be permitted per subdivision or
development of greater than two (2) acres in size. Such signs
shall not exceed a height of 10 feet and shall be removed upon
the sale or lease of 50 percent of the lots or units in the sub -
div ion or development. These signs shall not be applied toward
the ma 'mum signage allowance speti ted in each zone. Large
scale re
estate signs shall n be Considered off premises
signs.
j. Off -premises signs.
1. Off -premises sign all not be permitted in residential,
CO -1, CN -1, CB 0 and ORP zones. In the CB -2 zone, only
off-premise/bb
cia sign shall be allowed. Off -premises
signs may illboardsignsor any other type of sign
allowed in one in which the sign is located.
2. Not /edcloser
than one (1) off -premises sign may be erected or
maind per lot. Two or more uses may erect a common
off-ses directional sign. No off -premises sign shall be
loca than 300 feet to another off -premises sign.
#6
18
3. No off -premises sign shall be located within 120 feet of a
residential zone, a public park, public or parochial school,
religious institution, cemetery, public museum, or the
administrative or judicial offices of city, county, state or
federal governments. '
4\allow
Anremises sign shall be permitted in addition to the
es signage perm on a lot. The area of the
em, sign shall be deducted from the total sign area
for the same ype of on -premises signage.
5. Off -premises ill oard signs shall not exceed a height of 25
feet.
6. Off -premises illb\beplied
ns shall be permitted an area of
144 square eet orre feet per sign face. Billboard
signs sha 1 not toward the maximum signage
allowanc permittedot.
7, Off-p/off
ises signs shall com ly with all other sign require-
ments the zone in which the are located.
k. Special events signs. One (1) non -i luminated sign not to exceed
loo sq are feet is permitted on a ot. The use of a special
events sign is restricted to no mor than four (4) times in a 12
month eriod and for a single duration of no more than 30 days.
Special events signs may include banners, but shall not include
'V#7
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19
any sign prohibited by these regulations, Section 36-62(b).
Special events signs shall not be applied toward the maximum
signage allowance specified in each zone.
(b) Prohibited signs• The following signs are specifically prohibited in all
zones:
(1) Animated signs, excluding barber pol signs that do not exceed three
(3) feet in height and nine (9) in es in diameter and excluding time
nd temperature signs.
(2) Balloons.
(3) Hazardous signs.
(4) Obsolete signs.
(5) Portable signs inc uding signs n wheels, trailers and truck beds and
excluding those t porary signs a ressly permitted herein.
(6) Roof signs.
(7) Search lights.
(B) Spinners or ther similar devices.
(9) Swinging signs.
20
I (c) Signs permitted by zone.
I
i
(1) ID, R and OPDH zone regulations.
I
I �
ia. Permitted signs.
1. Pr• cipal uses other than Ingle family dwellings and
duple s shall be permitt one identification facia or
monument ign.
2. Nonresidential es in the IO -ORP zone, other than ORP uses,
shall be required comply with the sign regulations of the
CO -1 and CN -1 zone .
3. Residential use in the OPD zone shall be permitted signage
in accordance ith the require ents of the underlying zone.
Commercial u es approved as par of a planned development
shall compl with the signage requi ements of the CO -1 and
CN -1 zones
i
4. ORP use in an ID -ORP zone shall be permitted signage in
accord ce with the requirements of the ORP zone.
b. Provision 1 signs.
7T,
21
1. Home occupations allowed in accordance with Section
36-56(b)(4) shall be permitted one (1) nonilluminated facia
sign not to exceed one (1) square foot.
I
c. Dimensional requirements.
I
j 1 I
Maximum Maximum
j Sig\Faciain
Area Hei ht
1. IO RS, RR -1, 4 ft. Top of first story.
RS -5, RS RMH and
RS -12).
2. Facia (in ID -RM, -1 , 12 sq. ft. Top of first story.
RM -20, RNC -20, sRM-4 \
and RM -145 zones)
3. Monument (in I -RS, 24 q. ft., Five (5) feet.
RR -1, RS -5, R -8, RMH or 12 q.
and RS -12). ft. per
sign face.
4. Monument (in ID -RM, 48 sq. ft., Five (5) feet.
RM -12, -20, RNC -20, or 24 sq.
i
I RM -44 nd RM -145 zones). ft. per
I sign face.
7r
i
22
(2) CO -1 and CN -1 zone regulations
a. Permitted signs.
1. Signage for residential uses shall comply with the require-
ments for residential uses in t RM zones (Sec.
I
36-62(c)(I)c.
2. Fcia signs.
3. Canopy igns.
4. Monument sig
5. Awning signs.
6. Window/rIOO
b. Provisional
1. When tr mor\eed ed on a lot, a common
monumehall bd ign shall not exceed
the letwo (er ineal foot of lot
frontasquar feet p sign face).
2. Barberns provided they do not exceed three (3) feet
in lenine (9) inches in diameter.
IOK97
I
I.
I
I
23
I
3. Time and temperature signs which do not exceed 50 square feet
I i
in area or 25 square feet per face, do not project more than
i I
six (6) feet into the public right-of-way, and are not less
than 10 feet above grade.
I
C. DI ensional requirements.
i
I
1. Use in this zone shall be allowed a maximum building sign
area p r sign wall equal t 15% of the sign wall on which the
sign is t be mounted.
2. Individual sign e a lowances.
Maxi um Maximum
Sign Area Height
a. Facia. 0% of the sign wa 1 area. None.
b. Canopy. Eight (8) square feet. Top of first story.
c. Awnin 25% of the surface of the Top of first story.
i - I
awning.
I
d. Win ow. 25% of the area of the None.
window.
17
I
24
e. Monument. Two (2) square feet per Five (5) feet.
foot of lot frontage, not
to exceed a total of 100
square feet or 50 square
feet per sign face.
1 (3) CM-N,CC-2 and CI -1 zone regulations. /
25
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
i monument or free-standing sign may be erected. The maximum
I
area of the common sign may be 50% larger than the area of
e maximum individual sign allowed.
2. Be a ae with a tetea frente a equO to er greeter then 290
Ifeet; Two free-standing r monument signs are permitted
provided that he dista a between the two signs is no less
than 150 feet as ea ured along the frontage of a single
lot.
3. In the CC -2 zon , barber p e signs are permitted provided
they do not a eed three (3) eet in length and nine (9)
inches in dia eter.
4. Time and to perature signs which do no exceed 50 square feet
in area or 25 square feet per sign face, do not project more
than six (6) feet into the public right-of-way, and are not
less tha 10 feet above grade.
a. I
c. Dimensiono requirements.
Z14(-7
26
1. Uses in this zone shall be allowed a maximum building sign
area per sign wall equal to 15% of the sign wall on which the
I,
sign is located.
. Individual signage allowances.
Maximum Maximum
Area / Hei ht
a. Facia 10% of the s/ gn wall area alone.
b. Monument. T�i (2) quare feet per Five (5) feet.
line 1 foot of lot frontage,
not ceed 100 square
fee or 50 sq. ft. per sign
f ce.
c. Free Two (2) square fee per 25 feet.
standin lineal foot of lot f ontage,
not to exceed 250 squa
feet or 125 square feet er
sign face.
d. Ca py. 12 square feet. Top of first
story.
f e, A ing. 25% of the surface of the Top of first
7r
II
27
awning.
f. Window. 25% of the area of the
window.
(4) CB -2 zone regulations.
\a. Permitted signs.
story.
None.
1. ignage for residential Ysesshall comply with the sign
re irements for residenses in the RM zones (Sec.
36-62 (1)c).
2. Facia signs.
3. Only one (1) of thp\following signs:
(i) Monument s gn.
(ii) Free-st nding sign.
4. Canopy si ns.
5. Awning igns.
6. Windo signs.
b. Provision 1 "igns.
7T7
28
1. Time and temperature signs which do not exceed 50 square feet
in area or 25 square feet per sign face, do not project more
than six (6) feet into the public right-of-way, and are not
less than 10 feet above grade.
2. Barber pole signs, provided they do not exceed three (3) feet
in length and nine (9) inches in diameter.
3. A two (2) or more uses/ are located on a lot, a common
monume t sign shall Fna
ermitted. The maximum area of the
common si may be ercent larger than the area of the
maximum indiv' ual sllowed.
c. Dimensional
1. Uses in /signn
ne shall allowed a maximum building sign
area per ll equal to 1 % of the sign wall on which the
sign is tcated.
2. Individuage allowances.
Maximum MOimum
Sign Area Height
a. Fcia. 10% of the sign wall area. None.
IWI
29
b. Monument. Two (2) square feet per Five (5) feet.
lineal foot of lot frontage,
not to exceed 100 square feet
or 50 sq. ft. per sign face.
c. Free- Two (2) square foot per 25 feet.
standing. lineal foot of lot frontage,
not to exceed 100 square feet
or 50 sq. ft. per/Sign face.
d. Canopy .\ 12 square
Top of first
story.
e. Awning. 25% of a surface of the Top of first
awning\areao
story.
f. Window. 25% f the None.
wi dow.
(5) CB -10 zone regulati
a. Permitted
1. Signageor residential uses shall comply with the sign
requirem is for residential uses in the RM zones (Sec.
36-62(c) 1)c).
�7
30
2. Facia signs.
3. Canopy signs.
4. Awning signs.
Window signs.
b. Provisi nal signs.
1. When tw (2) or more us s are located on a lot, a common
monument s n shall b permitted. The area of such sign
shall not exce d a to al of 24 square feet or 12 square feet
per sign face.
2. Barber pole sign , prov ed they do not exceed three (3) feet
in length and ne (9) inc s in diameter.
3. Time and to erature signs which do not exceed 50 square feet
in area or 25 square feet per sig face, do not project more
than six 6) feet into the public right-of-way, and are not
less tha ten (10) feet above grade.
c. Dimensiona requirements.
31
1. Uses in this zone shall be allowed a maximum building sign
area per sign wall equal to 15% of the sign wall on which the
sign is located.
I
2. Individual signage allowances.
\
Maximum Maximum
S9 R Area Hei ht
i
a. Facia\ 10% of the s' n wall area. None.
i
b. Canopy. 2 squar feet. Top of first
story.
c. Awning. 25% o the surface of the Top of first
a ing. story.
d. Window. 25% of the rea of the None.
window.
(6) 1-1, 1-2 and ORP zone regulations.
a. Permitted s gns.
1. Facia signs.
i
2. Only ne (1) of the following signs:
T7
7
U
32
a. Identification monument sign.
b. Identification free-standing sign.
3. Window signs.
b. Prov is i0 al signs.
1. When two (2) or mor/ign
ted on a lot, a common
monument o free-stane erected. The maximum
area of the ommon slarger than the area of
the maximum ind idua
2. In the I-1/wo
2 ones, an a let with a total frontage
equal to er t on 299 feet. two free-standing or
monument se perms ted provided that the distance
between thgns is no less than 150 feet as measured
along the of a sin le ot.
c. Dimensional dequirements.
1. Uses/er
this zone shall be allowed a)ximum building sign
area sign wall equal to 15% of the wall on which the
sign to be located.
2. Indhvidual signage allowances.
7,
i
a
33
Maximum Maximum
Sign Area Leight
a. Facia. 10% of the sign wall area. None.
I
I
b. onument. Two (2) square feet er Five (5) feet.
E
lineal foot of to
I
frontage, not exceed
150 square f et or 125 sq.
t. per s' n face.
c. Free- One square foot per 25 feet.
standing. line 1 of of lot
fr ntage n t to exceed
0 square f t or 50 sq.
ft. per sign fa e.
d. Window 25% of the area of th`e None.
window where it is \
mounted.
Sec. 36-63. Additiona Regulations
(a) Dimensional requirements.
416
34
(1) Maximum sign area. For free-standing and monument signs, the
individual signage allowance includes the total area of all sign
faces associated with that sign and no sign face shall exceed
one-half of the allowed sign area. For building signs, the maximum
ilding sign area shall represent the total area of all building
sig added together. The building sign area may be divided up among
any o the building signs permitted in the zone in which the use is
located, rovided that each i dividual sign does not exceed the
maximum siz limits establishe for that zone. The maximum number of
signs and th maximum si areas, as provided herein, shall be
applied on a per lot basi .
(2) Sign wall area. Wher size of a sign is regulated by the sign wall
area, the sign wa11 r e a
hall be the total area of the wall on which
the sign is to be unted.
(3) Sign area deter nation. The are of each sign, regardless of shape,
shall be compu d by determining th area of a triangle, rectangle or
circle whit completely encloses th outer perimeter of the sign
face, or whi h completely encloses the ole group of characters or
words in th case of a sign composed of ch acters or words attached
directly a building or an appurtenant to a building. When
multiple ign faces are attached to a single sign support and face
the same direction, the faces and any area between then shall be
viewed a one sign face and shall be measured from the extremities of
the sign face.
7/
35
(4) Sign height determination. The maximum height of a sign shall be the
measurement from grade to the highest point on the sign. In the case
I where a minimum height is established, the minimum height shall be
i measured from grade to the lowest point on the sign.
i (5) inimum sign height. A canopy �ign or free standing sign shall not
be ess than ten (10) feet abov grade.
i I
i
i
(b) Locational req 'rements.
(1) No billboard, ca py, fre standing or monument sign or sign support
shall be located wi in a triangular area at street intersections,
Where the triangle is asured from the intersection of curb lines
and its sides are 70 eet 'n length along arterial streets, 50 feet
in length along coil ctor str ts, and 30 feet in length along local
streets, except tha signs may p oject into this area at 10 or more
feet above grade.
(2) No part of a b llboard, canopy, free -s anding or monument sign or
sign support s all be located within five 5) feet of any lot line
except that s gns may
be closer than five ( feet at ten feet or
more above gr de, provided that no part of the ign or sign support
overhangs any property lines.
1 (3) No sign shall obstruct ingress to or egress from any door, window or
fire escape. No sign shall be attached to a stand pipe or fire
escape.
7 r (
i
36
(4) Building signs may be located on any building wall. However, no
single sign wall may be covered by more than 15%.
(c) Requitements for signs adjacent to residential zones.
(1) Sign�Qe and area requirements of the 0-1 and CN -1 zones shall apply
to sionl which are within 100 feet of a residential zone.
(2) Except for fa is signs, no si shall be located in a required front
yard within 50 et of a res dential zone.
(3) Facia signs located wit ' 50 feet of a residential zone on the same
side of the street sha 1 t be placed on the wall of the building
facing the residential zone.
(d) Requirements for illumigated signs. I1 minated signs shall conform to
the following requirements:
(1) Except for signs in the ID and residential zones and special event
signs, all permitted signs may be internally or externally illumi-
nated. Those signs permitted in the ID and residential zones and
special event signs may only be externally illuminated with white
light.
��7
N
k)I
(2) Illumination through the use of exposed lamps and/or inert gas tubes
shall be allowed provided the exposed lamp does not exceed 11 watts
or that an inert gas tube does not draw more than 60 milliamps. When
inside frosted lamps or exposed lamps with a diffusing screen are
used, no lamp shall exceed 25 watts.
i
i
� (3) Artifice 1 light sources used/with
a sign face shall not be
visible fr any street right
I
i
(4) Illuminated sign shall coprovisions of Section
36-64(d).
(e) Construction. All signs excep hose temporary signs enumerated in Sec.
36-62(a)(1)(f) shall be deli ned d constructed to withstand a wind
pressure of not less than 3 pounds pe square foot of area and loads as
required by the Building Co e.
(f) Maintenance. All signs hall be maintained in uch a manner as to avoid
becoming a hazardous si
(g) Removal. In accord nce with the following proceddre, the Building
Official or his/her cjesignee shall be authorized to require the removal of
any illegal or prohi ited sign.
7T7
(1) Before taking action to require the removal of any illegal or
prohibited sign, the Building Official or his/her designee shall
provide written notice to the owner or operator of the business to
which the sign relates.
(2) The n ti
shall specify that the illegal or prohibited sign shall
be rem ved or brought into compliance w' h this section within a
reasonab1 time of such notice.
(3) If the sign is\thesign
or
the time alloweg
authorized to hertthe costs of retlmanner as a pro
p fired, as the case may be, within
icial or his/her designee is hereby
ad to be used as evidence and assess
property for collection in the same
(h) Nonconforming Signs. It /.i
theintuit of these regulations that all
nonconforming signs be elimted as set forth below.
(1) All signs whichNe a become non -conform g prior be the effective
date by adoption o these regulations shall a removed by January 1,
1992.
{2j-444 signs whfeh ere made nen-eenferming by the epeption of these
regdietions-er any-subsequent-amendments-sheii-be-pe itted-to-remain
es-man-eeifer fine signs:
M
rj
39
(2)_ Owners of nonconforming signs shall be required to comply with the
maintenance provisions of Sec. 36-63(f). Any change or alteration to
a non -conforming sign shall require compliance with the provisions of
this Chapter.
(i) S eci 1 sin provisions. The following signs shall be regulated in
accord pce with the following criteria:
(1) Signs for onconforming uses. A nonconform' g use shall be permitted
to have the s e amount and type of sign ge as would be allowed for
such use in the m t restrictive zone ' which such use is allowed.
(2) Historic signs, signs for istoric structures and signs on structures
in historic zones. The Boa Adjustment may, by special excep-
tion, allow signs which do n onform to the provisions of this
Chapter under the circumsta es de ribed below. All applications
for special exceptions her nder shall a referred to the Historic
Preservation Commission f review and com ent and shall be subject
to the specific standard listed below and t the general standards
of Section 36-91(g)(2).
a. For buildings
Places or in an
provisions of
with the arch
appropriate to
an integral par
�istered on the National ReOster of Historic
IP zone, signage which does not conform with the
s Chapter may be allowed if it is in keeping
!ctural character of the structure, and is
particular period in the building's history or
ff its identity.
7f
40
b. The Board may exempt an existing sign from the provisions of
Sec. 36-63(h)(1) if it can be demonstrated that said sign makes a
significant artistic or historic contribution to the community or
neighborhood in which the sign is located, subject to compliance
with the maintenance requirements of Sec. 36-63(f).
(3) Exis ing non-public signs located on ;�Wiot
er public property. Such
signs all be regulated in accordanth Chapter 31 of the Iowa
City Code Ordinances. Any signs n or over the City Plaza shall
be regulated b Chapter 9.1 of the owa City Code of Ordinances.
Sec. 36-64. License and permit req
(a) License required.
(1) Except for those signs n t r quiring a permit, as listed in Section
36-62(a)(1), it shall a unto ul for any person to erect, alter,
move, improve, remove or conver any sign without having a sign
erector's license in good standing 'ssued by the City. A one-time
sign erector's lice a shall be avail ble to a tenant or owner of a
building to permit uch person to insta his/her own sign.
(2) The license to
sign as required
and shall be isst
work indicated ai
t, alter, move, improve, remove or convert any
'ein shall be known as a sign erector's license
by the City to the person desiring to perform the
. No such license shall be issued to any person
7-/
I
41
until such person shall have paid to the City a license fee as
established by resolution of City Council; and shall have filed with
the Department of Housing and Inspection Services a copy or a
certificate of a contractor's public liability insurance policy with
coverage limits of $100,000.00 per person and $300,000.00 per
occ rrence for bodily injury and $25,000.00 for property damage
lia H ity. The City of Iowa City shall be designated as an additional
insur and the policy shall provide that he City is to be notified
30 days i advance of the termination of the policy. The licensee
shall indemni and save harmless th City from any and all damage,
judgment, cost o expense which a City may incur or suffer by
reason of said licen issuance.
(3) A sign erector's license
date of issuance. A one -t
for 30 days from the date
resolution of the City Coun
(4) The Building Official
enforcement of these p
revoke a sign erector'
tions or if the licen
allows any person r
license to do or cau
A person aggrieved
license may appeal
31 be valid for one (1) year from the
sign erector's license shall be valid
is ante. The license fees are set by
1.
or his/her design a shall be responsible for
,o isions and shall empowered to suspend or
s license for a violation of the sign regula-
was obtained by fraud or if the licensee
in his/her employ without a valid erector's
to be done any work requiring a license.
the revocation, suspension or denial of a
action to the Board of Adjustment.
7 T/
42
(5) If a license is revoked for any reason, another erector's license
shall not be issued to such person for twelve (12) months after
revocation.
(b)
1
(1) No s" n requiring a permit shall be erected, altered, moved,
improved, or converted without fir t obtaining a sign permit from the
i Building Of 'tial or his/her esignee and making payment of the
required permit fee. In ad tion, all illuminated signs shall be
subject to the pro isions o the Electrical Code and the permit fees
required thereunder.
(2) A separate permit shall be tained for each sign.
(3) only a person holdin a valid s n erector's license issued by the
City may obtain a p rmit to perform ork regulated by this section.
(c) Permit fees. Eve/apermit,
licant, before being iss ed a sign permit shall pay
to the City suchs shall be established b resolution of the City
Council. Howeveperson found to be erecting, altering, moving,
improving, or cog any sign prior to the issuance of a permit, or
who has erected,ed, moved, improved, or converted a sign prior to
the issuance of shall be charged double the normal fee. The
7 1 /
43
payment of such double fee shall not relieve any person from fully
complying with the requirements of these regulations in the execution of
the work, nor from any other penalties prescribed herein.
(d) P rmits for illuminated si ns. The application for a sign permit in
whit electrical wiring and connections are to be used shall be submitted
I
prior t issuance of the sign permit. The Building Official or his/her
designee s 11 examine the plans and speci-ications for all wiring and
connections to etermine if they comply . h the Electrical Code.
(e) Applications. Appli tion for a ign permit shall be made upon a form
provided by the Buildin Offici or his/her designee and shall contain
and have attached thereto a to plan with the following information:
(1) Name, address, telephong num r, and sign erector's license number of
the applicant. /
(2) Location of /esssheets
and of the buil ing, structure, or lot on which
the sign is ached or erected \
I
(3) Two (2) bluedrawings of the plans nd specifications of the
sign with d, notation of materials, the type of construc-
tion, and mattachment to the ground or building.
(4) Copy of st and calculations showing the structure is
designed in accordance with the Uniform Building Code.
//44,
44
(5) An application for an electrical permit required for an illuminated
sign. /
(6) Such other information as may be requi,94d.
(f) Permit issued. It shall be the dut of the Building official or his/her
designee, upon the filing of an ap lication for a sign permit, to examine
such application; and if the roposed sign is in compliance with the
requirements of these regulat' ns and all other laws and ordinances of the
City, the sign permit shall t eC be issueed.
(g) Permit expiration. If the work adl
been completed within six (6) months
shall become null an void.
under a sign permit has not
date of issuance, said permit
7 T7
H
It was moved by
and seconded by
, that the Ordinance as rea a adopted and upon�ro ca
were:
AYES: NAYS: ABSENT: /
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
/ STRAIT
— ZUBER
First consideration 2/26/85
Vote for pa'ssage:Aye: Dc ono , sStrait, Zuber, Baker,
Dickson, Erdahl. Nays: None. Absent: Ambrisco.
Second conside
Vote for pas
Date publi
T�,
4
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Southgate Development Company, Inc.
Project)
The City Council of the City of Iowa
City, Iowa, (the "Issuer") will meet on
the 12th day of March, 1985, at the Civic
Center, in Iowa City, Iowa, at 7:30
o'clock, p.m., for the purpose of con-
ducting a public hearing on the proposal
to issue Industrial Development Revenue
Bonds (Southgate Development Company, Inc.
Project) of the Issuer, in an aggregate
principal amount not to exceed $1,100,000
(the "Bonds"), and to loan said amount to
Southgate Development Company, Inc. (the
"Company"), for the purpose of defraying
all or a portion of the cost of the
renovation and rehabilitation of the
Company's existing 24,500 sq. ft. four
story building located at 325 E. Washing-
ton within the Urban Renewal Area for use
as office and retail space. The Bonds, if
issued, will be limited obligations and
will not constitute general obligations of
the Issuer nor will they be payable in any
manner by taxation, but the Bonds will be
payable solely and only from amounts
received by the Issuer under a Loan
Agreement between the Issuer and the
Company, the obligation of which will be
sufficient to pay the principal of and
interest and redemption premium, if any on
the Bonds as and when the same shall
become due.
At the time and place affixed for said
public hearing all local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing or any adjournment thereof, the
Issuer shall adopt a resolution deter-
mining whether or not to proceed with the
issuance of the bonds. Written comments
may also be submitted to the Issuer at 410
E. Washington Street, Iowa City, Iowa
52240. Written comments must be received
by the above hearing date.
By order of the City Council,this 1201
—day of February , 1985
ew , .
4L5SLL
H
FOR YOUR RECORDS Proceedings to liold Hearing
IDR -4051
Iowa City, Iowa
March 12 1985
The City Council of Iowa City, Iowa, met in regular session
on the 12th day of March , 1985, at 7:30 o'clock
P -m., in the Council Chambers in the City pursuant to law and
to the rules of said Council. The meeting was called to order and
there were present McDonald Mayor, in the Chair, and the
following named Council Members:
Ambrisco. Baker. Dickson. Brdahl, Strait, Zuber
Absent: None
The City Council investigated and found that notice of intention
to .issue Industrial Development Revenue Bonds (Southgate Development
Company, Inc. Project) in an aggregate principal amount not to exceed
$1,100,000 had, as directed by the City Council, been duly given
according to law.
This being the time and place specified in the notice for the
conduct of a public hearing on the proposal to issue such Bonds, the
Mayor announced that all local residents attending the hearing would
now be given an opportunity to express their views for or against the
proposal to issue the Bonds. The following local residents attending
the hearing expressed their views as follows:
-1-
'cl r: M.wmS ••FI !9fY ucnnl•IFY t'rcngl I .A V. yon,r C YC".9.; ^V:A '/C�
i
After all local residents who appeared at the hearing who desired
to do so had expressed their views for or against the proposal to issue
the Bonds, Council Member Ambrisco introduced a Resolution
entitled: Res. 85-58
"Resolution adjourning to April 9, 1985 the Public Hearing and the
Decision Whether or Not to Proceed with the Issuance and Sale of
Not to Exceed $1,100,000 Aggregate Principal Amount of Industrial
Development Revenue Bonds (Southgate Development Company, Inc.
Project) of the City of Iowa City, Iowa"
and moved its adoption, seconded by Council Member Dickson
After due consideration of said Resolution by the Council, the Mayor
put the question on the motion and upon the roll being called, the
following named Council Members voted:
Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl
Nays: None
Whereupon, the Mayor declared said Resolution duly adopted and
the hearing adjourned to such time and place set forth in such
resolution.
Attest:
City Clerk
I
(Seal)
yor
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City of Iowa City
MEMORANDUM
Date: March 8, 1985
To: City Council
From: Patt Cain, Associate Planner Q�
Re: Redevelopment Proposal for Urban Renewal Parcel 65-2b
The City received one bid for redevelopment of Parcel 65-2b. This
proposal, from Small -Mears Building Company, meets the bid requirements as
set out in the Prospectus and offers the minimum bid price of $10,500.
The proposal is currently being reviewed by City staff and Mr. John
Hayek, attorney for Urban Renewal. Information will also be sent to HUD
(Omaha office) for clearance of the redeveloper; HUD approval is necessary
prior to the City's execution of a redevelopment contract. The schedule
projected for consideration of this proposal follows:
March 20 - Review of design plans by Design Review Committee
April 2 - Discussion by City Council
April 23 - Public hearing on proposed sale and conveyance of
April 23 or parcel
thereafter - Resolution to approve preferred developer and
authorization to convey
Included with this memo is the project description and design
information as submitted by the redeveloper. The remaining proposal
material will be forwarded to Council prior to the scheduled discus-
sion.
bc4
1171
DESCRIPTION OF THE PROPOSED DEVELOPMENT
Acquisition of parcel 65-2b is to be an intergral part of the
redevelopment of the adjacent Paul -Helen Building. Accordingly, the
description of the development of the parcel can best be described by
setting forth the proposed project regarding the development of the
Paul -Helen Building.
The Paul -Helen Building, located at 209 East Washington Street
and directly to the east of parcel 65-2b is to be substantially
renovated over the course of the next year. The second floor of the
Paul -Helen building is to be substantially remodeled, primarily for
office space. The third floor, which has been unoccupied for
approximately the last fifteen years, is to be completely renovated in
accordance with city code requirements to make it available for
commercial development.
The most significant structural change involved in this
redevelopment will be the construction of a three story elevator and
stairs on the southwest corner of the building in the area of parcel
65-2b. That elevator and stairs will provide, along with an
extension to the third floor of the existing East Washington Street
stairs, the necessary second exit/entrance to the third floor,
allowing for the development of the third floor consisting of
approximately 6,500 sq.ft. Because the third floor currently has only
one means of egress it does not satisfy the Iowa City Code requirement
of two exits. Further, if the building is to be remodeled, elevator
access for the handicapped must be provided. The only feasible way to
provide access for the handicapped and the necessary two entrances to
the third floor is to extend the present stairs and to build the new
elevator and stairs at the parcel 65-2b site.
The second part of the Paul -Helen Building Development will
consist of opening up the west facade of the building to the plaza.
It is anticipated that an entrance to the building will be on the
southwest corner of the building and that windows would be placed in
the west side for office and other retail space opening onto the park.
The gross square footage of the Paul -Helen Building is currently
approximately 35,000 sq.ft. The current net leasable area on the 1st
and 2nd floors is approximately 18,500 sq. ft. After the
redevelopment there will be approximately 25,500 sq. ft. of leasable
space. The total cost of the improvements has been estimated by the
developer's architects, William Nowysz and Associates, to be
approximately $450,000. The developers assume that the development
will be financed with approximately $225,000 of equity capital from
limited and general partners and approximately $650,000 from the
proceeds of commercial development revenue bonds or Iowa Housing
Finance Authority bonds.
1171
DESIGN INFORMATION
Four graphics are included in this section of the proposal.
Graphic One --- Proposed West Face of the Paul -Helen Building:
This graphic is the latest proposed design for the redeveloped Paul -
Helen Building West Front. The details of the design will in part
depend on the interior renovation of the building and the final plans
for developing the park.
Graphic Two --- Overview of Mini -park, Paul -Helen Building and
Parcel development: This overview sets forth the placement of the
elevator -stairs on the southwest corner of the Paul -Helen Building
along with the location of additional commercial space that becomes
available by the proposed development.
Graphic Three and Four --- Possible renovation and redevelopment
of the top two floors of the Paul -Helen Building. In both cases..these
are floor plans for potential professional office space. The layout
shows the elevator to be added with the acquisiition of the parcel.
In the case of the third floor the floor plan also shows an addition
on the back of the building essentially extending the third floor back
to the south end of the second floor, adding approximately an
additional 1,500 sq. ft.
CITY PLAZA DESIGN ASSISTANCE
In connection with this project the Developers have eontrated=for
the services of Iowa City architect William Nowysz. While Mr. Nowysz
will be largely developing plans and specifications for the renovation
of the interior and facade, part of his task will be to work with the
city planners for the development of Blackhawk minipark.
The developers recognize the necessity of integrating the
development of the Paul -Helen Building, Parcel 65-2b and Blackhawk
Mini -park and commit themselves to providing Mr. Nowysz's services for
that purpose in such an amount as is necessary for the task.
Certainly the value of such services to the city will amount to
$5,000.
1{7/
PROPOSED WEST FACE
0 4 B 16 PAUL -HELEN BUILDING
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SECOND FLOOR
PAUL - HELEN BUILDING
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THIRD FLOOR MEZZANINE
PAUL - HELEN BUILDING
ACCESS COMMITMENT
The developers are the current owners of the Paul -Helen Building.
Access to the Block 65 alley is presently available by going through
City of Iowa city
MEMORANDUM
Date: March 5, 1985
To: City Manager and City Council
From: Lyle Seydel XA
Re: Statement of Policies Governing Participation in Assisted Housing
Programs Administered by the Iowa City Housing Authority
1. The attached statement is submitted for approval and adoption. A simple
motion is sufficient. A resolution is not necessary.
2. During the past few years there has been a great deal of dialogue
concerning the differences in the guidelines and definitions used in the
administration of federally funded housing programs. In 1983 the
Department of Housing and Urban Development published a set of proposed
regulations aimed at consolidating and/or standardizing the housing
programs. After receipt and consideration of the many comments from the
field, a series of changes were published. Many of the changes were of
the administrative nature and implementation came about by using new
forms, etc. One set of definitions for all programs became effective
July 1, 1984, and is being implemented for Sec. 8 Existing and u is
Housing. The most significant changes are:
A. Income eligibility limits and computations of gross rent are now the
same for all programs.
B. Assistance is provided only to the very low income group, i.e. 50% of
median income. '
C. Exclusions/deductions are the same for all programs. New deductions
are:
(1) $480 for each dependent.
(2) $400 for an elderly family.
(3) Medical deductions only for elderly families.
(4) Costs of child care to permit adult to -work or attend school
(new).
D. The above deductions became effective October 1, 1984. Annual
inspection and certification is now required for all families. As
this task is performed we must recompute rent retroactive to October
1 and if, under the new procedures, the tenant overpaid rent since
October 1, a refund or rent credit is provided. These computations
have been completed for all Public Housing tenants. The new guide-
lines are utilized for all new recipients, however, the retroactive
computations for Section 8 Existing is temporarily on hold.
T7�
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3.
/sp
4
E. Informal Review and Informal Hearing Procedures replace Appeal and
Grievance Procedures. An Informal Review is provided to applicants
who have been found not eligible. This Informal Review will be
performed by the Housing Commission. An Informal Hearing is
provided to a participant in the program and due process procedures
must be followed. The Informal Hearing will be held by a panel
consisting of the Director of Housing and Inspection Services, the
Assistant City Manager, and the Chairperson or a designated member of
the Housing Commission.
The attached document consolidates the two "Statement of Policies"
currently in effect and incorporates the many changes directed by the
Department of Housing 8 Urban Development. The document also reflects
the desires and directions provided by the Housing Commission. The
Housing Comnission has considered this document at several open meetings
and has recommended its adoption.
7L"
i
R
POLICIES GOVERNING PARTICIPATION
IN HOUSING ASSISTANCE PROGRAMS
AOMINISTEREO BY
THE IOWA CITY HOUSING AUTHORITY
EQUAL HOUSING
OPPORTUNITY
Approved and adopted by the Iowa City Housing Authority
March 12, 1985
�/702-
Appendix I - Utility Allowance
Approved by the
Legal Department
�- 3Gfi
#%Z
TABLE OF CONTENTS
Page
I.
General Information/Statement of Policy
1
II.
Program Description:
Public Housing
Section 8 Existing
2
III.
Definition of Terms
3
IV.
Standards for Admission & Continued Occupancy
10
V.
Application, Processing & Verification
13
Determination of Eligibility, Waiting List
VI.
Family Composition, Income, Rent Determination and
Occupancy Standards
16
VII.
Appeals/Grievance Procedures/Informal Hearings
24
VIII.
Eviction Processing
28
IX.
Inspections & Housing Quality Standards
30
Appendix I - Utility Allowance
Approved by the
Legal Department
�- 3Gfi
#%Z
PART I
GENERAL INFORMATION
1. This booklet is provided for general information and will serve as a
guide for applicants, tenants, landlords and administrative personnel.
2. The Iowa City Housing Authority (the ICHA) was established in accordance
with Chapter 403A Code of Iowa and is a separate autonomous non-profit
organization. Resolution No. 915 designated the City Council to act as
the Housing Authority. The Council is assisted by a seven -member Housing
Commission (Resolution No. 1109) appointed by the Mayor with Council
approval to study and advise the Council on housing matters. The City
Manager as the chief administrator is responsible for the administration
of the program. The Housing Coordinator of the Assisted Housing Division
in the Housing and Inspection Services Department is responsible for the
day-to-day operation within guidelines and policies adopted by the City
Council.
3. The Housing Assistance program is designed to assist low-income fami-
lies/persons in obtaining clean, decent, and safe housing. The success of
the program is dependent upon the cooperation of all those directly
involved, (i.e. Real Property Owners and Managers, Tenants, Administra-
tors, Commissioners and Members of the Housing Authority.) To assure the
success of the programs, the following Statement of Policy is issued:
STATEMENT OF POLICY
"The Iowa City Housing Authority shall not discriminate because of race,
color, sex, creed, national origin, age, handicap/disability or source of
income in the administration of the various Assisted Housing Programs
under its jurisdiction. Those programs, outlined herein, will be admini-
stered pursuant to Chapter 403A Code of Iowa, Annual Contributions
Contracts between the Department of Housing and Urban Development and the
Iowa City Housing Authority, Federal Regulations as they now exist and
any changes that may be published, local Codes and Ordinances and the
criteria established herein."
4. The United States Housing Act of 1937 and subsequent changes thereto, as
implemented in the various chapters of the Code of Federal Regulations
and published in the Federal Register, set minimum conditions of eligi-
bility for assistance. Nothing in the Department of Housing and Urban
Development regulations, state or local rules/regulations is intended to
confer on any individual an entitlement to housing assistance. The rules
have been amended to make clear that nothing in the rules is intended to
"confer on an applicant for participation any right to be listed on the
ICHA waiting list, to any particular position on the waiting list, to
receive a certificate or to participate in the ICHA's program." The
foregoing sentence shall not be deemed to effect or prejudice any
judicially -recognized course of action.
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117
PART II
PROGRAM DESCRIPTION
This part contains a brief narrative description of the programs administered
by the Iowa City Housing Authority. Each program is administered in accor-
dance with the Annual Contributions Contract and Federal Guidelines issued
for that program. Detailed differences will be found in the following parts
of this booklet.
A. Public Housing.
Under this program the units are owned and operated by the Iowa City
Housing Authority. Construction was financed by the Federal Government
and by Cooperative Agreement and an Annual Contributions Contract. The
Housing Authority controls and operates the program. Rent, paid by the
tenant body, must cover all operating and maintenance costs, taxes and
insurance. The Housing Authority takes applications, determines eligibil-
ity, establishes priorities, selects tenants, assigns units and, when
necessary, acts to terminate tenancy. Tenants pay 30% of adjusted
income, minus appropriate utility allowances, for rent. Separate
applications must be made and a waiting list is maintained.
B. Section 8 Existing Housing Assistance Payments Program
Under this program eligible persons/families receive rental assistance in
existing, privately -owned dwelling units. Participants pay 30% of
adjusted income for rent and the Housing Authority pays the remainder.
The unit must meet Section 8 Housing quality Standards, owner must be
willing to participate and the rent cannot exceed established Fair Market
Rents. The unit may be located in Iowa City, University Heights,
Coralville, Tiffin, Hills, Riverside, or the unincorporated area of
Johnson County. The Housing Authority receives applications, determines
eligibility, establishes priorities, issues certificates of eligibility,
approves leases between owner and tenant, inspects units, and enters into
Housing Assistance Payments Contracts with owners. Please note, it is the
Certificate Holder who selects the unit, and the owner who selects the
tenant. The owner enforces the lease and, if necessary, takes action to
terminate tenancy.
-2-
y'7.2-
PART III
DEFINITION OF TERMS
1. Allowance for Utilities (Allowance). An amount determined by the PHA and
approved by HUD as an al lowance for the cost of utilities (except
ant
areedeductedafromethe rGross Fectly amily Contrib tion according the occuant. utilities pto the appraid boved
utility allowance schedules.
2. Annual Contributions Contract (ACC). A written agreement between HUD and
the PHA t nceopayments annund al
contributions
trib authorized sLo thexpensese PHA to cover housing
ass
3. Annual Income. The anticipated total annual gross income of a family
from alT sources for the 12-month period following the date of determina
tion of income.
4. Annual Income after Allowances (Adjusted Income). The annual income
esv
a. $480 for each dependent. No member may qualify for more than one
exemption.
b. $400 for any elderly family.
c. Medical expenses which exceed three percent of annual income for any
elderly family.
d. Child care expenses.
S. A licant. A family who has made application for rental asstsication haseband
as provided all information required and whose app
een
acted upon.
6. Certificate of Family Participation (Certificate}. A Certificate issued
by the PHA declaring a family to be eligible for participation in a
program and stating the terms and conditions for such participation.
7. Child Care Expenses. Amounts anticipated to be paid by the family for
the care of children under 13 years of age during the period of which
Annual Income is computed, but only when such care is necessary to enable
a family member to be gainfully employed or to further his or her
education. The amount deducted shall reflect reasonable charges for
child care and, in the case of child care necessary to permit employment,
the amount deducted shall not exceed the amount of income received from
such employment.
8. Citizen. A citizen of the United States of America.
Housing in some or
9 do onota— hiehen facilties facilities and all of the We
connected which there iota
central dining facility to provide meals for the occupant.
-3-
1 X
10. Contract. See definition of Housing Assistance Payments Contract.
11. Contract Rent. The rent payable to the owner under his contract in -
c u ing a portion of the rent payable by the Family. In the case of a
cooperative the term "Contract Rent" means charges under the occupancy
agreement between the members and the cooperative.
12. Decent, Safe and Sanitary. Housing is Decent, Safe and Sanitary, if at
projectect canpletion�dwelling units are accepted by HUD and the PHA.
In the case of existing units this determination will be made by local
housing inspectors. The units must meet the performance requirements and
acceptability criteria established by HUD.
13. Dependent. A legal member of a family unit (excluding foster children)
other than head or spouse, who is under 18 years of age, or is a
disabled or handicapped person or is a full time student, who looks to
the head of the household for support.
14. Disabled. Means inability to engage in any substantial gainful activity
y reason of any medically determinable physical or mental impairment.
As defined under Section 223 of the Social Security Act (one who is
unable to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be
expected to result in death or which has lasted, or which can be
expected to last, for a continuous period of not less than 12 months) or
in Section 102(b)(5) of the Developmental Disabilities Services and
Facilities Construction Amendments of 1970 [a disability attributable to
mental retardation, cerebral palsy, epilepsy, or another neurological
condition of an individual found by the Secretary (of Health, Education,
and Welfare) to be closely related to that required for mentally
retarded individuals, which disability originates before such individual
gains age eighteen, which has continued or can be expected to continue
indefinitely, and which constitutes a substantial handicap to such
individual]. Any family member who is disabled or handicapped qualifies
that family as a disabled/handicapped family.
15. Elderl Famil . A family whose head or spouse or whose sole member is at
east years of age, or Disabled, or Handicapped. The term Elderly
Family may include two or more Elderly, Disabled or Handicapped indi-
viduals living together, or one or more such individuals living with one
or more persons who are determined by a medical doctor to be essential
to their care or well-being.
16. Eligible Alien. An alien who meets the requirements contained in Part
VI.
17. Eligible family. A family which qualifies as a Lower -Income or Very Low
Income Family.
18. Exceptional Medical Expenses. Medical expenses which exceed three
percent of the Annual Income.
-4-
7.2-
19. Fair Market Rent. The rent including utilities, range, refrigerator,
all maintenance management and other services which HUD determines would
be required to be paid to obtain privately owned rental units. These
will be established by HUD and adjusted annually as circumstances
warrant.
20. Reserved
21. Gross Rent. The contract rent plus the allowance for tenant provided
utilities.
22. Famil . Two or more persons who have a legal family relationship
blood, marriage, adoption or other operation of law). The term in-
cludes: an individual who is 62 years of age or an individual between
the ages of 18 and 62 who is Disabled or Handicapped as defined herein;
two or more unrelated individuals who are at least 62 years of age or
disabled or handicapped; or one or more such individual living with one
or more persons who are determined by a medical doctor to be essential
to such individual's care and well-being. The term may, undercircum-
stances outlined herein, include a single person as defined herein.
23. Finders Keepers. Eligible families will be responsible for finding
dwellings in the private market to maximize tenant choice. Housing
Assistance Payments may be provided to an eligible family already
renting a dwelling, provided the family has been issued a Certificate of
Family Participation and the Authority approves the Request for Lease
Approval.
24. Handicapped. Means having a physical or mental impairment which is
expected to be of long -continued and indefinite duration, substantially
impedes the ability to live independently and is of a nature that the
ability to live independently could be improved by more suitable housing
conditions.
25. Head of Household (HOH). The head of the family is that member actually
looked to and held accountable for family needs.
26. Housing Assistance Payments Contract (Contract). A written contract
between a PHA and an Owner for the purpose of providing housing assis-
tance payments to the owner on behalf of an eligible family.
27. Housing Assistance Payment on Behalf of Eligible Family. The amount of
housing assistance payment on behalf of an eligible family in accordance
with schedules and criteria established by HUD.
28. Housing pua'it'
Standards. Minimum acceptable standards established by
H D o ensure c eon, ecent, and safe housing. Standards and accepta-
bility criteria are contained in Part IR.
29. HUD. The Department of Housing and Urban Development.
ill
30. Ineligible Alien. An alien who does not meet the requirements outlined
in Part VI.
31. Reserved
32. Lease (Assisted Lease). A written agreement between an owner and an
eligible family for the leasing of a dwelling unit in accordance with
the Contract.
#7.2-
Authority LHA . Established by a unit of local government
33.
Local Housing of a public
of the
Housing Authorions
IowaoCitylty (ICHA), the LHA and PHAaresyn-
tTO hepcaserofsome
34.
onymous.
Low inco�ly• Means families who cannot afford to pay enough to
cause roifein their decent, safeaandyor san tarypolitan dwellingsedforo their
adequate supply
an adequate Supp y
35.
use.
es whosannual
the not
Meas fordoes
adjustmentincome
sizeexceof
8ed
UX of the medmani2lyi.
ncomenforathei area with
adjustments necessary due to unusual prevailing
the family or other
k
conditions in the area.
36.
xwhichstheiannual income istcomputed
MUdin9ltEe
1
samesl2- onth periiodafore
by insurance. Premiums may be included as
j
and which are not covered
expenses.
HUD haHUDrstanr
37
standar srwhiR HUOafindssarepeguivalentMtoimor exceedtsu
dards.
the family household (excluding foster children)
38.
Minor. A member of
tha the family head or spouse, who is under 18 years of age.
other n
structure, with or s hdesignout a edrfor noasd a foundation, which
39.
use
Standards set forth
Mppsbbui t0mon aA permanent chassis, i
of ad meetsity the rouds sectionaIity
herein See Housing
in real property, savings, stocks,
40.
Net Assets. Means value of equity
capital investment. The value of personal
bons and other forms of
furniture, jewelry and automobiles shall be excluded.
items such as
income shall not be
30
Hincomerforodpurpos
41.
-the es administering the
increcurrin determining therefore not considered
percent limitation on rents. The following are
as income by HUD.
(1) Casual, sporadic or irregular gifts.
#7.2-
(2) Amounts which are specifically for or in reimbursement of the cost
of medical expenses;
(3) Lump -sum additions to Family assets, such as inheritances, insur-
ance payments (including payments under health and accident
insurance and workmen's compensation), capital gains and settlement
for personal or property losses;
(4) Amounts of educational scholarships paid directly to the student or
to the educational institution, and amounts paid by the Government
to a veteran for use in meeting the costs of tuition, fees, books
and equipment. Any amounts of such scholarships, or payments to
veterans, not used for the above purposes and which are available
for subsistence are to be included in income;
(5) The special pay to a serviceman head of a Family away from home and
exposed to hostile fire;
(6) Relocation payments made pursuant to Title II of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970;
(7) Foster child care payments;
(8) The value of coupon allotments for the purchase of food pursuant to
the Food Stamp Act of 1973;
(9) Payments received pursuant to participation in the following
volunteer programs under the ACTION Agency:
(i) National Volunteer Antipoverty Programs which include Vista
Services Learning Programs and Special Volunteer Programs.
(ii) National Older American Volunteer Programs for persons aged 60
and over which include Retired Senior Volunteer Programs,
Foster Grandparent Program, Older American Community Services
Program, and National Volunteer Program to Assist Small
Business Experience, Service Corps of Retired Executives
(SCORE) and Active Corps of Executives (ACE).
(10) Income from employment of children (including foster children)
under the age of 18 years.
42. Owner. Any person or entity, including a cooperative, having the legal
right to lease or sublease dwelling units.
43. Participant. A family receiving rental assistance or living in ICHA
owned housing.
44. Public Assistance, Welfare or other payments to families or individuals
based on ? need which are made under jointly by federal, state or local governmentss funded separately or
-7-
45. Public Housing Agenc PHA). Any state, county, municipality or other
governmental entity or public body (or agency or instrumentality
thereof) which is authorized by state code to engage in or assist in the
development or operations of housing for low-income 'families. In Iowa
City the PHA is the City Council.
46. teat�r-2 member
tenan
eatt ofTam�l or spouse, mmember of a tenant family
47. Residen�nt• A person who lives in an Independent Group Resi-
ncssar
dence and provides, on a daily basis, oma and dior lsabled he ndeviduals
support services to elderly, handicapped
receiving Section 8 housing assistance and who is essential to these
individuals' care or well-being.• A Resident Assistant shall not be
related by blood, marriage, or operation of law to the individuals
receiving Section 8 Housing Assistance, nor contribute a portion of
their income or resources towards the expenses of these individuals.
48. Secretary. The Secretary of Housing and Urban Development.
49. Single Person. Means a person living alone or intending to live alone
and who does not qualify as an Elderly family or a Displaced Person as
defined in this part, or as the remaining member of a tenant family.
50. Student. A Student is a person who is enrolled full-time in a course
of study offered by an institution of higher learning. This excludes
adult education classes, high school level courses and participants in
the WIN Program, G.I. Bill, Special Support Services, Vocational
Rehabilitation Program, Individual Training Program, or similar pro-
grams. It includes Colleges, Universities, Trade Schools, College Prep
Schools, Junior Colleges and all institutions offering courses beyond
high school level.
51. Surviving member. The member or members of a tenant family living in a
deceasemb�r of the family a the time ofHhising Authority
with the
52 Tenant Family.
famAssistatieiedPayas teligiblemand currently partici-
gating ine Housing
53. Total Tenant Paymrounded to thTotal Tenant
Payment shall be the highest
of the following
(1) 30% of monthly adjusted income.
(2) lo% of monthly income.
54. Utilities. Utilities" means water, electricity, gas, other heating,
refrigeration, cooking fuels, and other utilities. other utilities may
collectionuservicenforlwhichdatseparatenchargegis moradg
ade atoatheort
enanth
Telephone service may not be included as a utility.
S:E
a.
PART IV
STANDARDS FOR ADMISSION/CONTINUED OCCUPANCY
ted
A. To be ms,applicantsle for dmustion meetoand each ofrtheistandards outlation in the Ainedshereinusing
Programs, app
1. All applicants must qualify as a family (see definition Part 1II,
Paragraph 22).
2. All current family members or members projected to be tenant -lessees,
cooperative members or homebuyers, regardless of their ages, and
other members of the family 18 years of age or older must be citizens
of the United States of America or eligible aliens (see definition
Part III, Paragraph 16)
3. All applicants must have a verifiable source of income.
Annual income (see Definition Part III Paragraph 3) must not exceed
the following:
Very Low
Number Income (50%)
of Persons of area median
1 10,350
2 11,800
3 13,250
4 14,750
5 15,950
6 17,100
7 18,300
8 or more 19,450
4. Other factors affecting eligibility:
a. Conflict of interest - The Annual Contributions Contract, the
Housing Assistance Payments Contract, State law and City ordi-
nances contain conflict of interest provisions which may prohibit
some applicants from being determined eligible.
b. Applicants whose income, though within the lower-income family
limit, is such that computations of gross family contributions
reslts in foru
uthe unit nsize ufor which nt that ethe family would beuals or exceeds eligible. FaiRent
c. Falsification, misrepresentation, or concealment by the applicant
or tenant of any material fact bearing upon or relating to any
determining factor of the applicant's admission to or the
tenant's eligibility for continued occupancy icant or bearing resident. uon or
related to the rent to be paid by the app
-10-
117X
d. Whether certification for or participation in a program would
prove detrimental to the program, other residents or partici-
pants. An applicant may be found not eligible for admission or
continued occupancy when a member of the family, or anyone on the
property under control of the applicant or tenant with the
consent of the applicant or tenant, seriously endangers the
health, safety or morals of his neighbors, is a source of danger
to the property or the peaceful occupation of surrounding
property, whether private or public.
e. Applicant may be found not eligible for admission to or continued
occupancy in a program when their past record indicates any of
the following:
(1) One who has been convicted of acts that seriously endanger
the life, safety, or welfare of other persons, including,
but not limited to, crimes of violence, prostitution, sale
or possession of narcotics, rape, sexual molestation or
deviation, or the neglect or abandonment of siblings.
(2) One who has demonstrated a pattern of behavior which
endangers the life, safety and welfare of other
persons
by
the threats of or acts of physical violence, gr
negli-
gence or irresponsibility.
(3) One who has through negligence or dndintentional
s
action damaged equipment, p property belonging
neighbors or other residents.
(4) One who has exhibited a pattern of failure to take proper
care of other rented property, private or public, or who has
exhibited a pattern of poor housekeeping which threatens
neighbors or other residents or results in vermin or other
infestations or is a general nuisance.
(5) One who has demonstrated an unwillingness to honor or
satisfy rightful indebtedness for rented property obliga-
tions.
(6) One who, when so responsible under the terms and conditions
of a Lease Agreement, fails to pay for all, any or a portion
of the billings for utilities or other services and which
results in lien against the property or owner.
5. Self -Sufficiency. The inability of an applicant or resident, by
reason of age, physical or mental disability, or any other impair-
ment, to meet the normal requirements for tenancy and/or whose
occupancy might represent a danger to him or herself or to others or
to others property.
t has
6. Prior tenantTinathe Iowa City Assisted HIn the event an ouslingnProgrampandiabandonednor
vacated the unit without a proper release from the Agreement of
Lease, such applicant will be found not eligible except for cause
-11-
WX
as verified by investigation and appeal to Housing Commission. In
the event the applicant left the program without clearing the
account, the application will not be accepted until all previous
accounts with the Authority are Tared.
i
7. Non -Compliance. Failure, neglect or refusal of an applicant or
i occupant to furnish the Housing Authority satisfactory verification
of citizenship, income, assets or family composition when requested
t to do so will be found not eligible.
I
i B. Notification to Applicants.
Applications will be processed as outlined herein and each applicant will
be notified in writing at the earliest practical date of the results of
j 1 their eligibi i'1"germination.
i
1. Eligible applicants will be notified in writing and their name will
be placed on the waiting list. The Notification will indicate, as
nearly as possible, when a Certificate of Eligibility may be avail-
j able or when a Public Housing unit will be available.
2. Ineligible applicants will be notified in writing, clearly stating
the reason for the ineligibility determination. The notification
will also indicate that the applicant has a right to an Informal
Review. See Part VII, Informal Review Procedures.
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#7Z
ki
PART V
APPLICATION, PROCESSING AND VERIFICATION,
DETERMINATIONOF
OELIGIBILITY,
ANDASSIGNMENT LIST,
POLICIES
A. Application. In compliance with the STATEMENT OF POLICY, written
applications for Tenancy in Public Housing and/or Rental Assistance will
be accepted by the Housing Authority from anyone interested in completing
the required forms. Applications will be accepted Monday through Friday
between 8:00 A.M. and 5:00 P.M. at the Assisted Housing Division. Each
applicant must be interviewed by a member of the Assisted Housing
Division for the purpose of completing required forms and to enable the
interviewer to determine general physical capability. The application
must be signed by an adult member of the Household, preferably the Head
of Household.
B. Processing and Verification. Upon completion of the application and
submission of required verification the following actions will be
performed.
1. Review of application for completeness.
2. Written verification for the following must be on hand. (See Part
VI).
a. Citizenship
b. Family composition (birth certificates)
c. Verification of income
d. Verification of deductions.
e. Supporting documentation for disability/handicap.
f. Previous participation - clearance.
g. Information relative to previous housing.
C. Determination of Eli ibilit After the review for completeness and full
ver fication, a e erm nation of eligibility will be made by the Housing
of he Housing dcommissi n. byDeterminat onhwillebeon or made for each Vice -Chairperson
either the fthe
e
following.
1. Family status (see Definition Part III Paragraph 22 and Part VI
Documentation).
2 Income (see Definition Part III Paragraph 3 and Part VI Paragraph
2b).
3. Other (see Parts IV and VI).
Each applicant will be notified in writing of the final determination. Those
found eligible will be informed that their name has been placed
on the
waiting list and will be provided (as nearly as possible) an approximate date
when a unit or certificate may be available. Those found not eligible will
be so informed and will be provided the specific reasons for the determinati-
on. They will also be afforded the opportunity for an informal review. (See
Part VII for details).
-13-
1f70-
D. Waiting List. A list of eligible applicants is maintained for each
program by size of unit required. As units/certificates become available
selection from the waiting list will be accomplished as follows:
1. For Public Housing units. Solvency will be a prime consideration.
The Housing Authority will endeavor to achieve and maintain a
resident body in each project composed of families with a range of
income and rent -paying ability which is generally representative of
the range of incomes of low-income families in the area of operation.
Preference in the Selection of tenants from among eligible applicants
will be governed by the following:
(a) The rent paying ability of the applicant as it relates to the
solvency of the Authority.
(b) Whether the applicant is a displaced family or about to be
displaced by urban renewal or other governmental action. This
does not include local code enforcement action or a court
ordered eviction.
(c) The applicant's age, disability or handicap.
(d) The urgency of housing need. In determining the urgency of
need, the following will be considered: The gross rent being
paid by the applicant for present housing as it relates to his
annual income.
(e) Whether the applicant is a veteran or serviceman.
(f) Date of filing a completed application including submission of
verification data.
2. Certificates for Section 8 rental assistance will be issued in
accordance with the following: date and time of filing. This is the
date that all required verifications are received. Preference for
families who are otherwise eligible for a certificate and who at the
time they are seeking housing assistance are (1) involuntarily
displaced, (2) living in substandard housing, or (3) paying more than
50% of family income for rent.
3. Deviation from the above policies may be made if the Housing Coordi-
nator determines an urgency of need beyond that which established the
original place on the waiting list. When this occurs a written
report setting forth the reason for the deviation shall be filed with
the application. Deviations will be made for a family displaced or
about to be displaced by governmental action or a family that is a
victim of a natural disorder such as fire, flood, tornado or similar
disaster.
4. If the number of families on the waiting list is such that there is
no reasonable prospect that additional applicants could be provided
assistance within 12 months, the Housing Authority may suspend the
taking of additional applications. Should this occur the Authority
-14-
will announce the effective date of the suspension through notices in
the local newspaper and public service announcements by local radio
PART VI
FAMILY COMPOSITION, CITIZENSHIP, INCOME, RENT DETERMINATION
AND OCCUPANCY STANDARDS
This Part VI contains detailed information pertaining to establishing
eligibility as a family and the documents required; full explanation of what
is counted and what is not considered as income for eligibility; exclusions
I
from income for rent determination; minimum occupancy standards.
1. Family. To be eligible to participate in any of the assisted Housing
Programs, applicants must qualify as a family. (Definition Part III
Paragraph P )•
a. Related by blood will be limited to the following: parent-child or
stepchild; brother -sister; grandparent -grandchild or stepchild;
aunt/uncle-niece/nephew. No additional relationships will be con-
sidered. Birth certificates will be required to verify.
b. Marriage. Married status shall mean having met the State of Iowa
requirements for a legal marriage. Examples of items needed to
verify - marriage license, certificate of marriage. In the case of a
i divorced or separated applicant a copy of the separation agreement,
annulment, divorce decree or dissolution of marriage.
c. Adoption. Completion of formal adoption. Adoption papers will be
irequired for verification.
d. Other Operations of Law. This could mean designation of guardian-
ship, placement in a group home by medical and/or legal authority or
common law marriage. Parties asserting the existence of a common law
marriage will have the burden of establishing the existence of said
relationship in accordance with the following tests:
(1) The parties shall establish their intent and agreement at the
present time to be married; and
(2) The parties shall provide evidence of continuous cohabitation;
and
(3) The parties shall establish that they publicly declared them-
selves to be husband and wife.
(4) The parties shall be informed of the contents of the State Code
of Iowa 595.11 - Nonstatutory Solemnization -Forfeiture quoted
here for information:
"Marriage solemnized, with the consent of parties, in any
manner other than as herein prescribed are valid; but the
parties thereto, and all parties aiding or abetting them,
shall forfeit to the school fund the sum of fifty dollars
each;..."
-16-
{f,,L
2. Citizenship.
a. Each person regardless of age must be a citizen of the United States
or an eligible alien. Financial assistance may not be made for the
benefit of any alien unless that alien is a resident of the United
States and one of the following:
(1) An alien lawfully admitted for permanent residence as an
immigrant as defined by Sections 101(a)(15) and 101(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15) and
1101(a)(20)) excluding, among others, alien visitors, tourists,
diplomats, and students who enter the United States temporarily
with no intention of abandoning their residence in a foreign
country.
(2) An alien who entered the United States prior to June 30, 1948,
or such subsequent date as enacted by law, has continuously
maintained his/her residence in the United States since then and
is not eligible for citizenship, but who is deemed to be
lawfully admitted for permanent residence as a result of an
exercise of discretion by the Attorney General pursuant to
Section 249 of the Immigration and Nationality Act (8.U.S.C.
1259).
(3) An alien who is lawfully present in the United States pursuant
to an admission under Section 207 of the Immigration and
Nationality Act (8.U.S.C. 1157) or pursuant to the granting of
asylum (which has not been terminated) under Section 208 of such
act (8 U.S.C. 1158); or
(4) An alien who is lawfully present in the United States as a
result of being granted conditional entry pursuant to Sec.
203(a)(7) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(7)) before April 1, 1980, because of persecution or fear
of persecution on account of race, religion or political opinion
or because of being uprooted by catastrophic natural calamity;
or
(5) An alien who is lawfully present in the United States as a
result of an exercise of discretion by the Attorney General for
emergency reasons or reasons deemed strictly in the public
interest pursuant to Section 212(d)(5) of the Immigration and
Naturalization Act (8 U.S.C. 1182(d)(5)); or
(6) An alien who is lawfully present in the United States as a
result of the Attorney General's withholding deportation
pursuant
to U.S.C.Section
243(h) of the Immigration and Nationality
Act a
b. Documentation
Each person claiming to be a citizen shall provide the original or
certified copy of one of the following documents to evidence
citizenship:
-17-
117.7-
(1). U.S. Passport;
(2). Birth Certificate;
(3). Consular Report of Birth;
(4). Naturalization Certificate;
(5). Certificate of Citizenship;
(6). U.S. Citizenship Identification card (INS form (I-197);
(7). Commuter Status Card (INS form I-178);
(8). Military Discharge form (DD 214);
(9). Selective Service Certificate of Registration (Form SSS2);
(10). Baptismal or other religious certificate which provides
evidence of birth in the United States and was created within
one year of birth;
(11). Documentation which is issued by the Bureau of Indian Affairs
and which indicates membership in a federally recognized
tribe; or
(12). Voter Registration card.
(13). If none of the above documents can be obtained and a person
claiming to be a citizen can provide a reasonable explanation
or can demonstrate a good faith effort to obtain such
document(s), the person may submit a signed statement from a
third party who can produce one of the above documents to
demonstrate that he/she is a citizen. The third party must,
under penalty of perjury, attest or affirm that the person
for whom documentation is unavailable is a citizen.
3. Determination of Income
Each applicant must provide verification of all income. The verified
income will be used to determine eligibility a_nT will serve as the base
for computing family rent.
a. Annual Income. The anticipated/projected income of all adult members
of the family/household (even if temporarily absent) from all sources
for the twelve-month period following the date of determination of
income. This figure is used to ensure that rent is at least 10% of
income . This will include but is not limited to the following:
(1) The full amount, before any payroll deduction, of wages and
salaries, including compensation for overtime and other compen-
sation for personal services (such as commissions, fees, tips,
and bonuses).
(2) Net income from operation of a business or profession (expendi-
tures for business expansion or amortization of capital
indebtedness shall not be deducted to determine net -income from
a business).
(3) Interest, dividends, and other net income of any kind from real
or personal property (for this purpose, expenditures for
amortization of capital indebtedness and an allowance for
depreciation of capital assets shall not be deducted to deter-
mine the net income from real or personal property). Where the
-18-
�%Z
I
family has Net Family Assets in excess of $5,000, Annual Income
shall include the greater of the actual income derived from all
Net Family Assets or 5.5% of the value of such assets.
(4) The full amount received from annuities, periodic payments from
insurance policies, retirement income, pensions, periodic
benefits for disability or death, and other similar types of
periodic receipts to include lump -sum payment for a delayed
start of a periodic payment.
(5) Payments in lieu of earnings, such as unemployment and disabil-
ity compensation, social security benefits, workmen's compensa-
tion and dismissal wages.
(6) Welfare assistance payments including those amounts withheld as
payment for food coupons or stamps. (The value of food cou-
pons/stamps is not included in income.)
(7) Periodic and determinable allowances, such as alimony and
regular contributions or gifts, including amounts received from
any person not residing in the dwelling.
(8) All regular pay, special payments and allowances (such as
longevity, overseas duty, rental allowances, allowances for
dependents, etc.), received by a member of the Armed Forces
whether or not living in the dwelling, who is head of the
family, spouse or other person whose dependents are residing in
the unit.
(9) Payments to the head of household for support of a minor, or
payments nominally to a minor for his support but controlled for
his benefit by the head of the household or a resident family
member other than the head, who is responsible for his support.
(10) Amounts of educational loans, regardless of source, that exceed
the cost of tuition, fees, books, equipment and which is
available for subsistence will be included as income. Grants,
scholarships, etc. will be applied to the cost first.
(11) Any earned income tax credit to the extent it exceeds income
tax liability.
There shall not be included in Total Family Income nonrecurring
income as defined below: See Definition 41
(1) Casual, sporadic and irregular gifts, and amounts which
are specifically received for, or are a reimbursement of,
the cost of illness or medical care.
(2) Lump -sum additions to family assets, such as inheritances
or insurance payments.
-19-
1f712-
(3) Amounts of educational scholarships that are paid directly
to the students or to the educational institution and
amounts paid by the United States Government to a veteran
for use in meeting the cost of tuition, fees and books to
the extent that such amounts are so used.
(4) Relocation payments made pursuant to Title II of the
Uniform Relocation Assistance and Real Property Acquisi-
tion Policies Act of 1970 and pursuant to the Food Stamp
Act of 1964, the value of the coupon allotments for the
purchase of foods in excess of the amount actually charged
the eligible households.
(5) Payments received by participants or volunteers in
programs pursuant to the Domestic Volunteer Service Act of
1973 or similar volunteer programs.
(6) Foster child care payments.
(7) Income from employment of children (including foster
children) under the age of 18 years.
4. Rent Determination. Rent is equal to Total Tenant Payment (see Defini-
tion 53, Part III) minus tenant supplied utilities. TTP is based on the
verified annual income adjusted as indicated below.
a. Deduct the following from verified annual income:
(1) $480 for each dependent member of the family residing in the
household (other than head or spouse) who is under 18 years of
age, or who is 18 years of age or older and is disabled or
handicapped, or is 18 years of age or older and is a full-time
student.
(2) $400 for any elderly family.
(3) Medical expenses which exceed 3% of Annual Income for any
elderly family.
(4) Child care expenses - see Definition 7, Part III.
5. Schedule of Rents. Information contained in this paragraph is applicable
on y to owa ty Housing Authority owned or leased units.
a. Gross Rent
(1) Gross rent is the determination of the maximum allowable monthly
rent charge for a dwelling unit, in accordance with the Depart-
ment of Housing and Urban Development's definition of income as
set forth in Section III and is established as 30 percent of the
adjusted annual income.
-20-
,f 72-
e
k
(2) No family will be required to pay in excess of 30 percent of its
adjusted income as rent except that in no instance will the rent
for any dwelling unit be less than ten percent of the gross
income of the family who is in occupancy.
b. Contract Rent
(1) Contract rent is the determined monthly rent to be
charged a family for use of the dwelling unit and
installed equipment, such as ranges and refrigerators
but excluding furniture, air conditioners, services.
(2) For families occupying dwelling units in which utili-
ties are the responsibility of the family or resident
to supply, contract rent is the monthly rent to be
charged the family or resident after applicable utility
allowances, if any, have been deducted from the gross
rent.
c. Utility Allowances
(1) For families occupying dwelling units in which some or
all utility services are the responsibility of the
family to supply, these allowances are identified in
Appendix 1 and will be deducted from the monthly gross
rent.
d. Miscellaneous Charges
(1) Residents will be charged for the repair of damages or
the replacement of installed equipment in the dwelling
unit, project buildings, facilities, or the project
common areas caused by the resident, members of the
household, or guests when such damages exceed normal
wear and tear.
(2) Charges for necessary repairs or replacement of
installed equipment will not exceed the actual costs
incurred by the ICNA for the labor and/or materials
expended in the repair of or replacement of items. A
list of typical charges will be provided each tenant.
e. Rent Collection Policy
(1) Rent is due and payable in full on the first day of
each month. Rent will be considered delinquent on the
fifth day of each month.
(2) On the sixth day of each month, contact (phone or
visit) will be established with each tenant who has not
paid rent.
(3) On the eleventh day, if rent has not been paid,
eviction proceedings may be started.
:p4c
T %0-..
(4) Once eviction proceedings have been initiated, it will
not be stopped unless rent is paid in full. NO partial
i payments will be accepted after eviction proceedings
have been initiated.
I
(5) A tenant may be subject to eviction after three late
payments. These need not be consecutive.
6. Occupancy Standards. The following standards will determine the number
of bedrooms required to accommodate a family of a given size, except that
such standards may be waived when a vacancy problem exists, and it is
necessary to achieve or maintain full occupancy:
No. of Persons
i
1. No. of Bedrooms Minimum Maximum
0 1 1
1 1 2
2 2 4
3 4 6
4 6 8
I 5 8 10
2. Dwelling units or certificates of eligibility will be assigned
taking into consideration the following:
(a) The bedroom size assigned should not require more than two
persons to occupy the same bedroom. An unborn child will not
be counted as a person.
(b) The bedroom size assigned should not require persons of the
opposite sex, other than husband and wife, to occupy the same
bedroom other than infants or very young children. Children
under 12 months of age may occupy the same bedroom with
parent(s). Children of the opposite sex five years of age or
older may be assigned separate bedrooms.
(c) Lodgers, roomers, boarders shall not be permitted.
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117,2-
Part VII
Appeals/Grievance/Informal Review/Hearing Procedures
l'cants/par-
This part sets forth the procedures to be follote any action or failure to
wed whereby ePP
ticipants may be afforded the opportunity to dispuAuthority (ICHA) concerning any
act on the part of the Iterminate Hors reduce housing assistance under the
decision to deny, defer, Program, to dispute
Section 8 Existing Program or under the Public Housing
with respect to any ICHA action or failure to act in accordance fect the
with the
adversely af
individual tenant's lease duties welfare or stare tuslons h These
sfgovern
individual tenant's rights, is governed byseparate
all Assisted Housing Programs. ederal
Each program is to satisfy the Hearing required by CFR
regulations, therefore, this part
882 (Section 8 Existing) and CFR 866 Lease and Grievance Procedures (Public
Housing).licant
It is important to note the distinction between the status of an app
and that of a partite t and the specific point s �s
at which that
statu
achieved or changed. lication for rental
A ass icant and hasPeprovided�lallwhthe asinformation and verifications
Applicant status is achieved oly afNeitherter sthle statute,on has been the
ken
required. APP the app
to approve or disapprovero ert right to assistance or
regulations nor this document create any p , P Y is no
to ICHA action which may lead to participation. Since thererant or
property right the ICHA is not constitutionally rICHA determinations to uired toroovid any
administrative due process hearing
deny participation to an applicant. However, the ICHA will provi a an
applicant the opportunity for an informal review of a decision ldigible9
assistance to an applicant. A determiniM means
and
the family
and to list the family on the waiting guarantee that a determi-
can stand in line for assistance. on the waitre is inlist will ever actually
nation of eligibility or listing
result in issuance of a Certificate or that, if a Certificate is issued,
the family will
lfind andinothewho will
accept the family as a tenant or
is will participate in
B. the It edshousing�n/family Participants statusnislachieved nwhen ce r a�Housing
lease in ICHA owned housing. For a
Assistance Payment Contract between the owner and the ICHA is effective
or the effective date of a rovidenan opportunity for an informal hearin
tprri review certain ICHA detHA will erminations relating to the in-d-171151—alconsider
nrcum-
sider
stances of the participant. The purpose of the hearing is to consider
whether an ICHA decision is in accord with ICHA rules and HUD regula-
tions.
C, Informal Review.
I. The opportunity will bprovided for an informal review of an ICHA
decision denying an applicant:
-23-
1f7i
(a) Certification of eligibility.
(b) Listing on the ICHA waiting list.
(c) Issuance of a Certificate of Family Participation.
(d) Participation in the program (i.e. execution of an assistance
contract on behalf of the family).
2. An informal review will not be provided for the following:
(a) Review of discretionary administrative determinations by the
ICHA or to consider policy issues or class grievances.
(b) Review of determination of the number of bedrooms entered on the
certificate under the standards established by the ICHA.
(c) Review of determination that a unit does not comply with Housing
Quality standards or the ICHA's decision not to approve the
lease for the unit.
(d) Review of decision not to approve a request for an extension of
the term of the certificate.
3. Procedures for obtaining and conducting an Informal Review for
applicants. The ICHA will provide prompt written notice of a
decision denying an applicant assistance as noted in Paragraphs 1(a),
(b), (c) and (d) above. The notice will indicate who will perform
the review and:
(a) Provide a brief statement of the reasons for the decision.
(b) Indicate that the applicant may request an informal review. This
must be done in writing and within 10 business days of receipt
of notice.
(c) Indicate that the applicant may present written or oral objec-
tions to the ICHA's decision.
(d) Indicate that the applicant may be represented by an attorney at
their own expense.
(e) Indicate that a prompt written notice of the final ICHA decision
including a brief statement of the reasons for the decision will
be provided.
4. The informal review will normally be held by the Housing Commission.
The Commission will hold the review at the first possible regularly
scheduled commission meeting after receipt of the request for review.
After review of facts presented, the commission may hold the
original determination, overrule the determination or recommend an
exception be granted based on the individual circumstances. A
written report will be provided to the applicant requesting the
review.
-24-
117
i
D. Informal Hearing.
I. The ICHA will provide an opportunity for an informal hearing to
review certain ICHA determinations relating to the individual
circumstances of the participant. The purpose of the informal
hearing is to consider whether an ICHA's decision is in accordance
with the law, ICHA rules and HUD regulations. Thus, a participant
may not claim a hearing on an ICHA decision merely because the family
objects to a law or rule. The right to a hearing applies only when
the family is claiming that the law or rule has been incorrectly
applied. Correspondingly the ICHA is not required to provide an
informal hearing to "review discretionary administrative determina-
tions by the ICHA, or to consider general policy issues or class
grievances." An informal hearing to consider if the following types
of decisions are in accordance with law, ICHA rules and HUD regula-
tions will be provided if so requested.
(a) A determination of the amount of the family contribution to rent
(total tenant payment or tenant rent). The rule specifies that
the informal hearing requirement does not apply to the determi-
nation of the ICHA's schedule of utility allowances.
(b) A decision to deny or terminate assistance on behalf of the
participant.
(c) A determination that a participant is residing in a unit with a
larger number of bedrooms than appropriate under the ICHA's
standards and the ICHA's determination to deny the family's
request for an exception from the standards.
(d) In the case of an assisted family which wants to move to another
dwelling unit with continued participation in the ICHA program,
a determination of the number of bedrooms entered on the
certificate under the standards established by the ICHA.
2. An informal hearing will not be provided for the following:
(a) To review discretionary administrative determinations by the
ICHA or to consider general policy issues or class grievances.
(b) To review the ICHA's determination that a unit does not comply
with Housing Quality standards established by the ICHA, that the
owner has failed to maintain or operate a contract unit to
provide decent, safe and sanitary housing, or that the contract
unit does not comply with the Housing Quality standards because
of an increase in family size or change in family composition.
(c) reviewTo owner u der decision
noutthe Aexercise to i
outstanding contract includngetheyter
ainst
themina-
tion of housing assistance payments to the owner.
-25-
/�7-2-
i
(d) To review the ICHA's decision not to approve a family's request
for an extension of the term of the certificate issued to an
assisted family which wants to move to another dwelling unit
with continued participation in the ICHA's program.
3. Procedures for obtaining and conducting an informal hearing for
participants.
The ICHA will provide prompt written notice of a decision relating to
the individual circumstances described above. The notice shall
provide a brief statement of the reasons for the decision. The
notice shall state that if the participant does not agree with the
decision, the participant may request an informal hearing on the
decision. This request must be in written form and be presented
within 10 business days to the ICHA. Upon request for an informal
hearing the ICHA will:
(a) Notify the Hearing Panel of the request for an informal hearing.
The Hearing Panel will normally consist of the Assistant City
Manager, the Chairperson or designated member of the Housing
Commission, and the Director of Housing and Inspection Serv-
ices.
I (b) Inform the participant of the following:
(1) Who will conduct the informal hearing.
(2) Date, time and place of the hearing.
(3) At its own expense the participant may be represented by a
lawyer or other representative.
(4) The person who conducts the hearing shall regulate the
conduct of the hearing in accordance with these proce-
dures.
(5) The right and opportunity to present evidence and question
witnesses. Evidence may be considered without regard to
admissibility under the rules of evidence applicable to
judicial proceedings. The participant will be provided, at
their expense, the opportunity to copy all documents upon
which the ICHA will rely.
(6) The Hearing Panel shall issue a written decision within 20
days of completion of the hearing. This will briefly state
the reasons for the decision. Factual determinations
relating to the individual circumstances of the participant
shall be based upon evidence presented at the hearing.
(7) The ICHA or the participant, at their own expense, may
request a transcript of the hearing.
-26-
?7.z
VIII
Evictions
An eviction means to recover property from a tenant by legal process and/or
to put a tenant out by legal process. It is an action initiated by a
property owner, for cause, and because of its severity is utilized only as a
last resort. Evictions are provided for in Chapter 562A State Code of Iowa.
Tenant selection is the responsibility of the property owner therefore it
follows that eviction action, if necessary, is the responsibility of the
property owner. Because of this the ICHA has no part in eviction actions
that may take place in the Section 8 Existing Housing Program. Representa-
tives of the ICHA may appear as witnesses and/or provide documentary evidence
in an eviction action involving a participant in the Section 8 Existing
Housing Program. Both participants and landlords are asked to notify the
ICHA of any contemplated eviction proceedings. Upon receipt, the ICHA may
investigate the cause of the contemplated action and attempt to seek a
resolution to the problem. A participant who is the object of a successful
eviction action will be found not eligible for further assistance. An
aq*t who was the object of a successful eviction action may be found not
glcante ig a based on the results of an investigation into the cause of the
eviction action.
Use of eviction action by the ICHA in administering the Public Housing
program will be governed by the state code, the written lease and federal
guidelines. The following general principles will apply:
(a) Non payment of rent. If rent is not paid by the fifth calendar
day of the month, the family will be contacted either by phone
or in person. Unless there is an acceptable reason for non
payment, a written notice shall be served and rent must be paid
within 3 days. If not paid within that period, the rental
agreement may be terminated and eviction procedures initiated
(i.e. three day notice to quit, forceful entry and detainer and
physical ouster).
(b) For other material noncompliance, by the tenant, with the lease,
rules and other tenant responsibilities, a written notice to the
tenant specifying the acts and omissions constituting the breach
will be served. This notice will:
(1) state the tenant may request an informal hearing. This
must be in writing and within 10 days of receipt of
notice.
(2) state that the breach must be corrected within 14 days of
receipt of the notice.
(3) state that the rental agreement will be terminated in not
less than 30 days after receipt, if the breach is not
corrected within 14 days.
-27-
#712-
(4) state that if substantially the same act or omission which
constituted this breach recurs within 6 months, the lease
may be terminated with 14 days written notice.
IX
Inspections
To assure that the objectives of the Housing Assistance Programs and Housing
Quality Standards are met and maintained, inspections are required. This
part explains inspection requirements and provides guidance for those
involved.
A. The following guidelines apply to persons receiving Section 8 Assistance:
1. A Pre -Lease Inspection. Before approving a lease the unit must be
inspected by the PHA to insure compliance with the housing quality
standards. This inspection will be performed on the date the owner
indicates that the unit will be ready for inspection or as promptly
thereafter as possible. Under no circumstances may Housing Assis-
tance Payments be paid until the unit has a valid current occupancy
permit (Iowa City only).
2. AAnanayAaL Inspections. Each unit will be the subject of an annual
inspection. This will be scheduled approximately 90 days prior to
lease termination.
3. Inspection by Tenant. Prior to signing a lease with the owner the
tenant and owner will inspect the unit and both will indicate in
writing the condition of the unit and appliances. It is recommended
that this inspection be performed jointly/concurrently. At the time
of lease renewal or termination thisbecomes an important document
and will preclude many disagreements. The Housing Authority is not
responsible for tenant caused damage.
4. Special Inspections. A special inspection may be made upon receipt
of a complaint from a tenant, owner, or a resident of the community.
Violations of contract or lease agreements observed or brought to the
attention of the authority may require a special inspection. Such
inspections may be made at reasonable times and upon reasonable
notice in accordance with the specific circumstances of each indi-
vidual instance.
5. inspect b Owner. An owner or manager has the legal right to
nspect t e unit, make repairs, or show the unit to persons for the
purpose of sale or lease. These inspections should be pre -scheduled
if possible. Except in cases of an emergency the owner/manager
should not enter the unit without the consent or the presence of the
occupant.
B. The following guidelines apply to Public Housing Tenants:
1. Pre Lease Inspection. Before signing the lease the unit will be
inspecte y the Housing Authority and the tenant. This will be a
joint inspection with the results put in writing and both parties
will be provided a copy.
-29-
2. Annual Inspections. Approximately ninety (90) days prior to lease
terminations each unit will be inspected by the Housing Authority.
Results of this inspection will be utilized in determining eligi-
bility for continued occupancy. Damage, etc. that exceeds normal
wear and tear must be corrected at the tenant's expense prior to
extending the lease. This inspection will be performed in conjunc-
tion with the annual financial review.
3. Special Inspections. A special inspection will be made upon receipt
of a Complaint. Violations of the lease observed or brought to the
attention of the owner may require a special inspection. These
inspections may be made at reasonable times and with reasonable
notice in accordance with the specific circumstances of each indi-
vidual instance as required by state law.
4. Close Out Inspection. Upon termination of any lease, the Authority
will perform a final close out inspection. Results of this inspec-
tion will be compared to the pre -lease and annual inspection results
to determine what charges, if any, will be assessed the tenant.
5. Routine Maintenance Inspection. The Housing Authority will perform
normal maintenance inspections on a pre -scheduled basis. This is to
insure that the mechanical, electrical, and ventilating systems are
in proper working condition.
C. The following Housing Quality Standards will apply to all inspections:
Sanitary Facilities. The dwelling unit shall contain its own
sanitary facilities which are in proper operating condition, can be
used in privacy, and are adequate for personal cleanliness and the
disposal of human waste.
Acceptbili
aty Criteria. A flush toilet in a separate, private room,
a fixed basin with not and cold running water, and a shower or tub
with hot and cold water shall be present in the unit. City codes
be in apply
ting condifor tion andand gutilize aate n approved spublicfacilities
private
disposal system.
Food Preparation and Refuse Disposal. The dwelling unit shall
contain suitable space and equipment to store, prepare, and serve
foods in a sanitary manner. There shall be adequate facilities and
!servicein-
cludings facilitiesanitary
for theof rarte temporary lstoragosal of e dwastes
where necessary. City
ordinance will apply as they pertain to garbage cans and collection.
Acce tabilit Criteria. A cooking stove or range, a refrigerator of
appropriate s ze, a kitchen sink with hot and cold running water
shall be present in operating condition within the unit. The sink
shall drain into ararpublic neotldeuate d
ace
for the storage, pepationand servig offodshalbprovied.
Facilities
services temporary the
storagesanitary ll is be a waste
available. City
-30-
Y/%Z
ordinances on garbage collection and cans will apply. City codes
apply as they pertain to rooming housing and/or congregate units
where cooking facilities are not provided.
3. Space and Security. The dwelling unit shall afford the family
adequate space and security.
Acceptability Criteria. A living room, kitchen area, and bathroom
shall be present; and the dwelling unit shall contain at lease one
sleeping room or living/sleeping room of appropriate size for each
two persons. Exterior doors and windows accessible from outside the
unit shall be lockable.
4. Thermal Environment. The dwelling unit shall have and be capable of
maintaining a thermal environment healthy for the body.
Acceptability Criteria. The dwelling unit shall contain safe heating
facilities which are in proper operating condition. llnvented room
heaters which burn gas, oil, or kerosene are not acceptable. The
heating facility must be capable of heating and maintaining the
temperature in each room in the dwelling unit at 680, three feet
above floor level. Cooling facilities are not mandatory.
5. Illumination and Electricity. Each room shall have adequate natural
or artificial iillumination to permit normal indoor activities and to
support the health and safety of the occupants. Sufficient electrical
sources shall be provided to permit use of essential electrical
appliances while assuring safety from fire.
Acce tabilit Criteria. Living and sleeping rooms shall include at
least one win ow. A ceiling or wall type light fixture in safe
operating condition shall be present in the bathroom and kitchen
area. At least two electrical outlets shall be present in each
habitable room.
6. Structure and Materials. The dwelling unit shall be structurally
sound so as not to pose any threat to the health and safety of the
occupants from the environment.
Acceptability Criteria. Ceilings, walls, floors shall not have any
serious defects such as severe bulging or leaning, large holes, loose
surface material, severe buckling or noticeable movement under
walking stress, missing parts or other serious damage. The roof
shall be firm and weathertight. Exterior walls shall not have
serious defects such as severe leaning, buckling, sagging, cracks,
holes, loose siding or other serious damage. The condition and
equipment of interior and exterior stairways, halls, porches,
walkways, etc., shall not present a danger of tripping or falling.
Elevators shall be maintained in safe operating condition and have
regular inspections as required by law.
7. Interior Air Quality. The dwelling shall be free of pollutants in
the air levels wh ch threaten the health of the occupants.
-31-
117
Acceptability Criteria. The dwelling unit shall be free from
dangerous levels of air pollution from carbon monoxide, sewer gas,
fuel tion llut ants.
shallubesadequatenth�oughoutther rthelunit.air poBath rooms shall Air chave lat
least one openable window or other adequate exhaust ventilation.
8. Water Supply. The water supply shall be free from contamination.
Acceptabilitv Criteria. The unit shall be served by an approved
public or private sanitary water supply.
9. Lead Based Paint.
a. The dwelling unit shall be in compliance with HUD Lead Based
Paint Regulations, a copy of which is available upon request. The
owner shall certify that the dwelling is in accordance with such
HUD regulations.
b. If the property was constructed prior tHU 1950, thent will
be provided information as required by m toms gaud treatment, and
of lead based paint poisoning, the
preventleadpoisoning.
the precautions to be taken to
Acceptabilitv Criteria. Same as performance requirement.
le of
10. maintainedth ut Twilunauthorized use of other dwelling unit shall be e privateppropertieseand
the building shall provide an alternate means of egress in case of
fire.
Acceptabilitv Requirements. Same as performance requirements.
11. Site hod shall b
and Neighborhood sand reverberationsite anneihbroand othere hazardsbto
free from distur ing noises
the health, safety, and general welfare of the occupants.
od
all not be
!Made
besite and
ectbitot seriousriter�adverseheenvironmentaleicondit�ons,sh natural or
manoor
-made, such as dangerous walks, steps, instabilityorflmud�nslides,
drainage, septic tank back-ups, sewage hazards,
abnormal air pollution, dust, smoke; excessive noise, vibration, or
vehicular traffic; excessive accumulation of trash; vermin or rodent
infestation; or fire hazards.
12. Sanitar Condition. The unit and its equipment shall be in sanitary
con it on.
Acce tabilit Criteria. The unit and its equipment shall be free of
vermin and rodent nfestation.
13. Renta Permit. Each dwelling unit within the corporate limits of
Iowa City shall be covered by a current rental permit issued by the
City of Iowa City.
-32-
1171
n
U.S. DEPARTMENT Of HOUSING AND UROAN DEVELOPMENT
UAI\
SECTION B, EXISTING HOUSING ALLOWANCES FOR
OCTOEER, 1983
TENANT -FURNISHED UTILITIES AND OTHER SERVICES
IOCA{.111
YNIT IYPI
IOWA CITY, IOWA
WALK-UP (OVOMA DER OUPLEK)
MONTHLY DOLLAR ALLOWANCES
UTILITY OR SERVICE
o-eRI-0R
t -ea
7-8R
1.dR
"RHEATING
L Nalufal Gal
5.00
8.00
12.00
14.00
18.00
WA
h. Bottle GIs
5.00
e_nn
I:,
I2_nn
IA_nn
I!
G
' U.S. DCPARTMCN C OF HOUSING AIID UR CAN DLVCLDPMEIIT
' SECTION B, EXISTING HOUSING ALLOWANCES FOR
TENANT -FURNISHED UTILITIES AND OTHER SERVICES
VIA
OCT. 1983
AVl A I'II
IOWA CITY, IOWA
VMIT Irft
ROW 6 TOWN HOUSE
UTILITY OR SERVICE
MONTHLY DOLLAR ALLOWANCES
0 -BR
I -Bq
2 -BR
3 -8114
-81113
-BR
HEATING
a. Natural Gal
E. Bottle Gas
C. Oil
it. Electric
AIR CONDITIONING WA
COOKING
a. Natural Gas
It. Electric
C. BoIlleGas
OTHER ELECTRIC LIGHTING,
REFRIGERATION, ETC.
WATER HEATING
a. Natural Gas
D. Eletinc
c. Battle Gas I
WATER
'EWER
TRASH
TRASH COLLECTION
APPLIANCES ReinIC�ATCR
STOVE
OTHER I `I• rn(r l
5.00 8.00 12.00 14.00
5 00 2:22,14 .00
7.00 30
7.00 11.00 15.00 1'8. oo
I
1.00 1.00 2.00 ( 2.00
2.00 1 3.00 5.00 I 6.00 1
I I
8.00 11.00 16.00 I 18.00 I
1.00 1.00 2.00 3.00 (
2.00 2.00 4.00 I 5.00
I I i I
4.00 I 6.00 9.00 I 11.00 I
INCLL9ED IN WATER SERVICE
PROVIDED BY CITY OR PRIVATE CONTRACT
2.50 I 2.50 2.50 I 2.50 1
0 1.SO 1.50 1.5o
18.00
18.00
22.00
3.00
7.00
22.00
4.00
6.00
13.00
-4
2.50 I
1.50
WA
1
I
1
i
ACTUAL FAMILY ALLOWANCES (Tn Le Nerd 4Y f..ni6 CM
...nl.nN• Wlln..... , I:unyd.Vr Arlon• for drlunl Pnil li rnl.aU
UTILITY OR SERVICE
PER
MCNTH
HEATING ............................
AIR CONDITIONING .....................
COOKING..: .........................
OTHER ELECTRIC .....................
WATER HEATING ......................
WATER.. ..........................
SEWER ..............................
TRASH COLLECTION.._ ................
APPLIANCES .........................
OTHER 1•+•1°••ih)
S
.I.IIN. ss 0' uNlr
'
w•.n.N or n.nnuo-,
TOTAL
I3
,417,2_
N
U.S. DE PAR TMCIIT OF HOUSING AND UR CAN OCVELOPMCHT
Dw 111.
SECTION 8, EXISTING HOUSING ALLOWANCES FOR
OCTOBER, 1983
TENANT -FURNISHED UTILITIES AND OTHER SERVICES
Luc.,, 11 UNIT rTIL
IOWA CIN, ICMA DETACFED L SEMI-DETAOiED (SIDE-BY-SIDE)
MONTHLY DOLLAR ALLOWANCES
UTILITY OR SERVICE
0 -BR
1-611
3-811
3-551
4-811
S -8R
HEATING
L Nalutal Gal
9.00
•13.00
15.00
19.00
b. Bothe Gas
i 9.00
19,00
C. Oil
11
I 11,00
16.00
I 16.00
22oOO
it. Eleclnc
AIR CONDITIONING
COOKING
a. Natural Gas
1.00
2.002.00
3.00
1 3.00
6.00
15.00
8.00
b. Eleclnc
I2.00
3.00
C. Bottle Gas
OTHER ELECTRIC LIGHTING,
REFRIGERATION, ETC
11.00
16.00
18.00
22.00
(1.00
WATER HEATING
a. Nalutal Gas
2.00I
3.00
4,00
I
aS,OQ45-00
I
b. Eleclnc
1 I
4.00
It
c. Bottle Cas
WATER
6.00
9.00
11.00
13.00
INCLUDED
IN WATERISERVICE
SEWER
PROVIDED
WITH 41
BY CITY
OR LESS UNITS
FN BUIL.DIN¢
TRASH
I
053.00
pER MCNTH
II
WATETER
PER
MER
TRASH COLLECTION
I 1.50
50
I 1.50
2
I 1.50
1.50
APPLIANCES STOVEG
OTHER
ACTUAL FAMILY ALLOWANCES 17n be M.Ted by
...I...I,• all.,..... re. Co. pIrie brL.m for Actual Rnit lienedl
UTILITY OR SERVICE
PER
MONTH
N.Me or r.MILr
HEATING ............................
S
AIR CONDITIONING .....................
............................
COOKING.........
AnUNL1s Da uNrt
OTHER ELECTRIC .....................
'
WATER HEATING ......................
WATER.. ...........................
SEWER ..............................
TRASH COLLECTION..- ............... .
-
APPLIANCES .........................
OTHER ra),I•ri/I I
Nu.4Un Or n,ORUG.1
TOTAL
I3
4L7.2-
,
.117.2-
13111111
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DAIL
SECTION S. EXISTING HOUSING ALLOWANCES FOR
TENANT -FU RNISHED UTILITIES AND OTHER SERVICES CTOBER, 1983
wuurr
UNIT 1rP!
A CITY IOWA
MOBILE HOME
UTILITY OR SERVICE
MONTHLY DOLLAR ALLOWANCES
D -SR
I -BR
a -BR
3 -OR
4 -SR
S -SR
HEATING
a. Natural Gal
b. Rollie Gas
N/A
9.00
13.00
15.00
19.00
N/A
1
13.00
15.00
19.00
C. Oil
d. Electric
8.00
11.00
12.00
15.00
11.00
16.00
18.00
22.00
AIR CONDITIONING
COOKING
a. Natural Gas
b. Electric
C. Bottle Gas
1.00
2.00
2.00
3.00
1 3.00
6.00
6.00
8.00.0
1.00
2.00
2.00
30
OTHER ELECTRIC LIGHTING,
REFRIGERATION, ETC
11.00
16.00
18.00
22.00
WATER HEATING
a• Natural Gas
b. Electric
c. Battle Gas
1.00
2.00
3.00
4.00
I
o0
4.00
5.00
6.00
1
2.00
3.00
4.00
WATER
6.00
9.00
11.00
13.00
SEWER
INCLUDED IN WATER SERVICE
TRASH
PROVIDED BY CITY IN BUILDING VITH 4 OR LESS LNITS
TRASH COLLECTION
$3.00 PER MONTH PER WATER METER
APPLIANCES
OTHER
ACTUAL FAMILY ALLOWANCES (To be re.1 by f„s,il1 D,
...,I ... Idf....,n ee, l;,,mplplr 6PNm• for 'Ictu"I I+nit Rmled)
UTILITY OR SERVICE
PER
MONTH
NANe or rArnLT
HEATING ............................
S
AIR CONDITIONING .....................
COOKING ............................
A554E3) Or UNIT
•
OTHER ELECTRIC .....................
NATER HEATING ......................
WATER .. ..........................
SEVIER..............................
TRASH COLLECTION.... ...............
-
APPLIANCES .........................
OTHER r3l,rri/,l
NUDa�4 Or 1.l Or•MDmf
TOTAL I S
.117.2-
13111111
U.S. DE PAR IMCIIT OF HOUSI14G AILD URIIAII OCVCLOPMC147
uA rk
' SECTION 8, EXISTING HOUSING ALLOWANCES FOR
OCTOBER, 1983
TENANT -FURNISHED UTILITIES AND OTHER SERVICES
kM<Aur.
MarrLEVAr
IOWA CITY, IOWA
VA
ETOR
MONTHLY DOLLAR ALLOWANCE5
UTILITY OR SERVICE
O -BR 1 -BR
7 -BR
7 -BR
4 -BR
5-011