HomeMy WebLinkAbout1985-06-04 OrdinanceORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE TO
CHANGE THE NOTICE REQUIREMENTS FOR BOARD
OF ADJUSTMENT HEARINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That Section
36-91 e 2 o t o owa City Code of
Ordinances be deleted and the following
inserted in lieu thereof:
Public notice. The notice of the time
and place of hearings shall be published
in a paper of general circulation not
more than 20 nor less than 7 days prior
to the hearing. * It shall contain the
street address or location of the
property and a brief description of the
nature of the appeal.
SECTION II. CERTIFICATION. The City
clerk s hereby au or z and directed to
certify a copy of this ordinance to the
County Recorder of Johnson County, Iowa,
upon final passage and publication of the
ordinance as provided by law.
SECTION III. REPEALER. All ordinances
and pars of or finances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
section, provision or par of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordi-
nance shall e in a ect after its final
passage, approval and publication as
required by law.
Passed and approved this
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IMAM ice.— l
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ATTEST:
CITY K Reeelved & Approved
By The legal D erimeni
City of Iowa City
MEMORANDUM
DATE: April 26, 1985
TO: Planning and Zonin Commission
FROM: Karin Franklin
RE: Ordinance Amendment - Notice Requirements for
Board. of Adjustment
The Board of Adjustment is currently revising its procedural
rules and as part of that revision wishes to change the time
period required for public notice prior to the hearing to
conform with current State requirements on zoning actions.
The enclosed ordinance amends the Iowa City Municipal Code
to require not more than 20 nor less than 7 days notice before
a Board hearing rather than the current 15 days notice.
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ORDINANCE NO. 8S-3238
ORDINANCE TO CHANGE THE NAME OF HIGHLANDER
DRIVE TO NORTHGATE DRIVE.
OF IOWA I
BE IT ORDAINED BY THE CITY COUNCIL i
CITY, IOWA:
SECTION I. That the name Of the public j
street Highlander Drive, dedicated to the
City Of Iowa City with the subdivision of
the Highlander Development, First Addi-
tion, be changed to Northgate Drive.
SECTION 1I. The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication of this ordinance
as provided by law.
SECTION 111. REPEALER. All ordinances 1
an par s o or nances in conflict with
the provision of this ordinance are hereby
repealed. _.
SECTION IV. SEVERABILITY. If any
section, prov s on or
par of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
Part thereof not I
unconstitutional, adjudged invalid or
SECTION V. EFFECTIVE DATE. This Ordi-
nance shall e n e ec a ter its final
I; passage, approval and publication as I
required by law.
Passed and approved this 4th day of
June, 1985.
YOR
ATTEST: 4>�>
CITY CLERK
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Reeehrod i Approved
I ey The Leaa1 Depzrhnanl
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1471
It was moved by Ambrisco and seconded by Strait
were:
that the Ordinance as read beadopted and upon ro ca ere
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AYES: NAYS: ABSENT:
P � I
X AMBRISCO
X BAKER
_ DICKSON
_ EROAHL
II X MCDONALD
X STRAIT
X__
_ ZUBER
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First consideration
Vote for passage: Ayes: Zuber, Dickson, McDonald, Strait. '
Nays: Baker. Absent: Ambrisco, Erdahl.
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Second consideration 5/14/85
passage Yi
Vote for assa e A es: tr it, risco, Dickson, Erdahl.
Nays: Baker. Absent: McDonald, Zuber.
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Date published 6/12/85 �I
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ORDINANCE NO. 85-3239
AN ORDINANCE REPEALING THE ZONING ORDI-
NANCE AND MAP AND ADOPTING A NEW ZONING
ORDINANCE AND MAP.
I BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
j CITY, IOWA:
SECTION 1.
PURPOSE. The purpose of this
I ordinance is to repeal the Zoning Ordi-
nance and Map and replace them with a new
revised Zoning Ordinance and Map.
SECTION II. AMENDMENTS. The Iowa City
Code of Ordinances is hereby amended by
deleting Chapter 36, entitled Zoning and
inserting in lieu thereof the attached
Chapter 36, which is included by reference
herein.
SECTION III. REPEALER. All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
j- repealed.
SECTION IV. SEVERABILITY. If any
section, provision or part of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
I as a whole or any section, provision or
j I part thereof not adjudged invalid or
unconstitutional.
SECTION EFefCt afterits
Iehisd�
shall
n final
passage, approval and publication as
required by law.
Passed and approved this 4th day of
� June, 1985.
xx
4k YOR
ATTEST:
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R.,,&od r, ApP'Ov°d
gy/o Ie9a1—D e ^i
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Ordinance No. 85-3239
Moved by Erdahl, seconded by Dickson, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the first and second
consideration and vote be waived and the ordinance (text and map) be voted
upon for final passage at this time. Ayes: Ambrisco, Baker, Dickson,
Erdahl, McDonald, Strait, Zuber. Nays: None.
It was moved by Erdahl, and seconded by Dickson, that the Ordinance text
as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
It was moved by Erdahl, seconded by Zuber, that the Ordinance ;mapas read
be adopted and upon roll call there were:'
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X ERDAHL
_X MCDONALD
X J STRAIT
X ZUBER
Date published June 14, 1985
CHAPTER 36
ZONING
ARTICLE I. GENERAL
Sec. 36-1. Purpose.
The purpose of this Chapter shall be to promote the public health, safety,
morals, order, convenience, prosperity and general welfare; to conserve and
protect the value of property throughout the City and to encourage the most
appropriate use of land; to lessen congestion in the streets; to prevent the
overcrowding of land; to avoid undue concentration of population; and to
facilitate the adequate provision of transportation, water, sewage disposal,
schools, parks, and other public requirements.
Sec. 36-2. Name.
This Chapter shall be known and may be cited and referred to as the City of
Iowa City "Zoning Chapter' or "Zoning Ordinance."
Sec. 36-3. General effect of this chapter.
Except as otherwise provided in this Chapter, the use of premises and struc-
tures in the City shall be in accordance with the minimum standards hereinafter
established.
(a) No structure shall be erected, converted, enlarged, reconstructed or
structurally altered to exceed the height limit herein established for the
zone in which the structure is located.
(b) No use shall be established nor shall any structure be erected, converted,
enlarged, reconstructed, or,structurally altered except in conformity with
the area regulations for the zone in which the use or structure is
located.
(c) No structure shall be erected, converted, enlarged, reconstructed, or
structurally altered except in conformity with the yard regulations for
the zone in which the building is located.
(d) No use shall be established or enlarged nor shall any structure be
erected, converted, enlarged, reconstructed, or structurally altered
except in conformity with the off-street parking regulations for the zone
in which the use or structure is located.
(e) The yards, parking spaces, or lot area required for one structure or use
under this Chapter cannot be used to meet the requirements for another
structure or use.
(f) Every use hereafter established or structure erected or structurally
altered shalt be located ori a lot as herein defined, and the number of
uses and structures permitted on a lot shall be as follows:
(1) In the RS zones there shall not be more than one (1) principal use or
building on a lot. There may, however, be more than one (1) acces-
sory use or structure on a lot.
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(2) In all other zones, there may be more than one (1) principal use,
building, and accessory use and structure on a lot.
(g) No use which is permitted as a special exception under this Chapter shall
be established or enlarged except as permitted by the Board of Adjust-
ment.
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Sec. 36-4. Definitions.
The following definitions shall be applicable to this Chapter unless a contrary
meaning is indicated by the text. Words in the present tense include the
future tense. The singular number includes the plural and the plural number
includes the singular. The word "shall" is always mandatory, the word "may" is
permissive. Terms not defined shall have the meaning customarily assigned to
them as defined in Webster's New Collegiate Dictionary. Uses not defined or f•
listed shall have th-e—ime—an--in—gs-Tas-77eined in or categorized according to the
Standard Industrial Classification (SIC) Manual, Superintendent of Documents,
S. overnment r nt ng Offic
e.
(a)(1) Abut/abutting. Contiguous; having a boundary, wall or property line in
common.
(2) Access. The place, means or way by which pedestrians or vehicles shall
have ingress and egress to a property or parking area.
(3) Accessory building/use. A building or use which: (a) is subordinate j
to and serves a principal building or use; (b) is subordinate in area, 11
extent, or purpose to the principal building or use served; (c)
contributes to the comfort, convenience, or necessity of occupants of I -
the principal building or use; and (d) except for off-street parking as
provided in Sec. 36-58(d), is located on the same lot as or across a
street, alley or railroad right-of-way from the principal use.
(4) Addition. An extension or increase in floor area or height of a
building or structure.
(5) Aged. Any person who is eligible because of age to receive old age !
insurance benefits under Section 202., Title II of the Social Security
Act (see Social Security Act and Related Law, April 1982 edition).
(6) Aisle. An asphalt, concrete or similar permanent dust -free surface
which is connected directly to a parking or loading space and designed
to permit ingress or egress of a vehicle to or from the parking or
loading space. (In no case can an aisle be a drive - see definition
for "drive.")
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(7) Alley. An opened public way which is intended only for use as a I
secondary means of vehicular access to abutting property.
(8) Alter/alteration. A structural alteration, enlargement or remodeling of
a building, or the mcving of a building from one location to another.
(9) Apartment house. See "Dwelling, multi -family."
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(I0) Assessed value. The value of real property as established by the City
Assessor, or by a higher authority upon appeal, and is the value upon
which the next fiscal year's real estate taxes are based.
(11) Auto and truck oriented use. Any use intended or designed to provide a
service to occupants while they are within a motor vehicle, such as
drive-in financial institutions; any use related to the sale, servicing
or repair of vehicles, such as but not limited to car washes, automo-
bile service stations and garages, and automobile accessory sales; and
uses catering to the convenience of drivers of motor vehicles, such as
but not limited to convenience groceries of no more than 4,000 square
feet, drive-in restaurants, service shops, dry cleaning centers and
photodeveloping drop centers.
(b)(1) Balcony. A covered or uncovered platform area projecting from -the wall
i of a building, enclosed by a railing, accessible from above grade, and
not attached to the ground.
(2) Basement. A portion of a building located partially underground, but
having three -and -one-half (3-1/2) feet or more of its floor -to -ceiling
( height above grade. A basement is counted as a story for the purpose of
- height and yard regulations.
(3) Board of Adjustment. An administrative hearing board created
pp by Chapter
deci ionsthe
ofCode
the CityIowa
Managerwhich
or his/herauthorized
hear
a
designee, or by decisionseals rom
of
the Zoning Code Interpretation Panel or of the City Manager when the
Panel cannot reach a decision and to grant variances and special
exceptions.
(4) Boarding house. A residential building where, in addition to lodging,
meals are provided for tenants but not for the public.
(5) Build. To construct, assemble, erect, convert, enlarge, reconstruct, or
structurally alter a building or structure.
(6) Buildable area. The area remaining on a lot after the minimum
open -space requirement for yards has been met.
(7) Building. Any structure having a roof and designed or intended for the
support, enclosure, shelter or protection of persons, animals, or
iproperty.
(8) Building, detached. A building which is not connected to another
building.
i (9) Building area. See "ground area."
(10) Building coverage. The amount of land covered or permitted to be
covered by a building or buildings, usually measured in terms of
i percentage of a lot.
(11) Building height. The vertical distance from the grade to the roof
line.
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(12) Building line. The front yard line.
(13) Building Official. The City employee designated to enforce this
Chapter.
(14) Building permit. Official certification that a proposed improvement
complies with the provisions of this chapter and such other ordinances
as may be applicable. Such a permit is required for new construction
and for alteration or additions to existing structures prior to
commencement of construction.
(15) Business service establishments. An establishment primarily engaged in
rendering services to business establishments on a fee or contract
basis. Such establishments include but are not limited to the follow-
ing: advertising agencies; consumer credit reporting agencies, mercan-
tile reporting agencies, and adjustment and collection agencies;
mailing, reproduction, commercial art and photography, and stenographic
services; services to dwellings and other buildings; news syndicates;
personnel supply services; computer and data processing services;
research and development laboratories; management, consulting and
public relations services; detective agencies and protective services;
equipment rental and leasing services; photofinishing laboratories; and
other establishments primarily engaged in furnishing business services
such as bondsmen, bottle exchanges, drafting service, interior design-
ing, notary publics, packaging and labeling service, telephone message
service, water softening service, and auctioneering service on a
commission or fee basis (see major group 73 of the Standard Industrial
Classification Manual).
(c)(1) Cellar. A portion of a building located partially or wholly under-
ground and having less than three -and -one-half (3-1/2) feet of its
floor -to -ceiling height above grade. A cellar is not counted as a
story for the purpose of height and yard regulations.
(2) Certificate of occupancy. Official certification that a premises
conforms to provisions of this Chapter and such other ordinances as may
be applicable and may be used or occupied. Such a certificate is
granted upon completion of new construction or for alteration or
additions to existing structures.
(3) Child care facility. State licensed or registered facility where
children are temporarily left with attendants.
(4) City. The City of Iowa City, Iowa.
(5) Clinic. An office occupied by one or more members of a healing profes-
sion.
(6) Club. A meeting place of an association with restricted access to the
general public control.lk=d by its members, and in which property is
actually owned, leaseo or held in common for the benefit of its
members. For purposes of this Chapter this definition does not include
a fraternity or sorority house.
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(7) Commercial recreational uses. Facilities which are used primarily for
physical exercise or culture and which include but are not limited to
campgrounds, courts, gyms, swimming pools, locker and training rooms,
target or shooting ranges, amusement arcades, and billiard halls. Such
facilities do not include massage parlors and establishments which
feature nude dancing.
(8) Commission. The Planning and Zoning Commission of Iowa City, Iowa, as
created by Chapter 414 of the Code of Iowa and the City Code of
Ordinances.
(9) Confinement feeding operations. One or more roofed or partially roofed
animal enclosures, designed to contain liquid or semi-liquid animal
wastes, and in which the maximum number of animals confined at one time
exceeds 50 beef cattle, 40 dairy cattle, 250 swine over 40 pounds, 1800
swine 40 pounds or less, 600 sheep, 3,000 turkeys, 15,000 broiler
chickens or 9,000 layer chickens.
(10) Conversion. Any change of one principal use to another principal use.
(11) Council. The City Council of Iowa City, Iowa.
(12) Court. A space, open and unobstructed to the sky, located at grade on
a lot and bounded on three or more sides by walls.
(d)(1) Deck. A covered or uncovered platform area projecting from the wall of
a building, accessible at or from above grade, and attached to the
ground.
(2) Density, gross. The number of dwelling units per unit area of land
(usually expressed as dwelling units per acre).
(3) Development. Any man-made change to improved or unimproved property
including but not limited to buildings, mining, dredging, filling,
grading, paving, excavation or drilling operations.
(4) Developmentally disabled. Any person who has a disability attributable
to but not limited to mental retardation, cerebral palsy, epilepsy,
autism or another similar neurological condition; dyslexia resulting
from an above disability; or a mental or nervous disorder which
disability originates before such individual attains age 18, and which
constitutes a substantial impairment expected to be long -continued and
of indefinite duration.
(5) Discontinuance. Whenever a non -conforming use is abandoned, ceased, or
terminated.
i (6) Downzoning. A change in the zoning classification of land to a
classification permitting development that is less intensive or dense,
such as from multi -family to single-family or from commercial or
industrial to residential.
(7) Drive/driveway. An asphalt, concrete or similar permanent dust -free
surface designed to provide vehicular access to a parking area.
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(8) Dwelling. A building which is wholly or partially used or intended to
be used for residential occupancy.
(9) Dwelling, duplex. A dwelling containing two (2) dwelling units.
(10) Dwelling, farm. A dwelling located on a farm and occupied by the family
which maintains and operates, owns or has a leasehold interest in the
farm on which the dwelling is located.
(11) Dwelling, four-plex. A multi -family dwelling containing four (4)
dwelling units.
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(12) Dwelling, high-rise multi -family. A multi -family dwelling exceeding
three (3) stories in height.
j (13) Dwelling, low-rise. A multi -family dwelling not exceeding three (3)
stories in height. j
(14) Dwelling, multi -family. A dwelling containing three (3) or more
dwelling units.
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(15) Dwelling, single-family. A building containing one dwelling unit.
This definition includes the term 'manufactured home."
(16) Dwelling, tri-plex. A multi -family dwelling containing three (3)
dwelling units.
(17) Dwelling, zero lot line. A single family dwelling with one or more
walls located on a side lot line(s) which is not on a street or alley J'
right-of-way line. i
(18) Dwelling unit. Any habitable room or group of adjoining habitable rooms
within a dwelling and forming a single unit with facilities which are
used or intended to be used for living, sleeping, cooking, and eating J
of meals.
(19) Dwelling unit, efficiency. A dwelling unit consisting of one principal
room, in addition to a bathroom, hallway, and closets, which serves as
the occupant's living room, bedroom, and in some instances, the
kitchen.
(e)(1) Easement. A right given by the owner of land to another person for
specific limited use of that land, e.g., to allow access to another
property or for utilities. j
(2) Elderly housing. A dwelling especially designed for use and occupancy
of persons who are aged or who are handicapped within the meaning of
Section 202 of the Housing Act of 1959, Section 102(5) of the Develop- j
ment Disabilities Services and Facilities Construction Amendments of
1970 or Section 223 of the Social Security Act.
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(3) Enlargement/expansion. An increase in the volume of a building, an i
increase in the area of land or building occupied by a use, or an
increase in the number of occupants or dwelling units.
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(4) Extraction. The extraction of sand, gravel, or top soil as an indus-
trial operation, exclusive of the process of grading a lot preparatory
to the construction of a building.
(f)(1) Factory -built housing park. A tract of land which has been planned and
improved for the placement of manufactured homes, mobile homes and
modular homes on leased spaces.
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(2) Family. One (1) person or two (2) or more persons related by blood,
marriage, adoption or placement by a governmental or social service
agency, occupying a dwelling unit as a single housekeeping organiza-
tion. A family may also be two (2), but not more than two (2) persons
not related by blood, marriage or adoption.
(3) Family care facility/family home. A community-based residential home,
which is licensed either as a residential care facility under Chapter
135C or as a child foster care facility under Chapter 237 of the Code
oa, that provides room and board, personal care, rehabilitate
services, and supervision in a family environment by a resident family
for not more than eight (8) developmentally disabled persons. However,
family care facility does not mean an individual foster care family
home licensed under Chapter 237.
(4) Farm. An area of not less than 10 acres for which the principal use is
the growing for sale of farm products such as vegetables, fruits, and
grain and their storage on the land. The term "farm" includes the
necessary accessory uses and buildings for treating and storing the
food produced.
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(5) Feedlot. A lot, yard, corral, or other area in which livestock are
confined, primarily for the purposes of feeding and growth prior to
slaughter. The term does not include areas which are used for the
raising of crops or other vegetation and upon which livestock are
allowed to graze or feed.
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(6) Filling station. Any building or premises used for the dispensing or
retail sale of motor vehicle fuel or oil. When the dispensing or sale
is incidental to the operation of a commercial garage, the premises
shall be classified as a commercial garage.
(7) Financial institution. An establishment for the receiving, keeping,
lending of money, and the exchange of funds by checks or notes,
including banks, savings and loans, credit unions, and similar estab-
lishments.
(8) Floor area. The total area of all floors of a building or portion
thereof measured to the outside surface of exterior walls or the
centerline of walls to attached buildings or uses. It does not include
garages, porches, balconies, and other appurtenances. Space in the
basement or cellar and all other space shaft be included as floor area
if used for a principal or accessory use permitted in the zone in which
the building is located.
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(9) Floor area ratio (FAR). The numerical value obtained by dividing the
floor area within a building or buildings on a lot by the area of such
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lot.
(10) Fraternity/sorority house. A building used as a residence by a chapter
of a fraternal or sororal nonprofit organization recognized by the
University of Iowa. For purposes of this Chapter this definition does
not include a rooming house.
(11) Frontage. The distance along a street line (right of way line) from
one intersecting street to another, or from one intersecting street to
the end of a dead end street or to the end of a cul-de-sac.
(g)(1) Garage, commercial. Any building or premisesused for equipping,
repairing, renting, selling or storing motor vehicles, and at which
automobile fuels, and supplies may be sold.
(2) Garage, private. An accessory building which is under the control and
iuse of the occupants of the main building.
(3) Grade. The top surface elevation of lawns, walks, drives, or other
I improved surfaces after completion of construction or grading and
landscaping. For the purposes of determining height of a building, the
grade is the average level at the corners of the exterior walls of a
building.
(4) Ground area. The area of a building within its largest outside
dimensions computed on a horizontal plane at the first floor level,
exclusive of open porches, breezeways, terraces, and exterior stair-
ways.
(5) Ground floor/first floor. The lower-most floor of a building having
its floor -to -ceiling height at or above the grade.
(6) Group care facility. A government licensed or approved facility which
provides resident services in a dwelling to more than eight(8) I
individuals not including resident staff, but not exceeding 30 in i -
I viduals. These individuals are developmentally disabled, aged or
undergoing rehabilitation; are in need of adult supervision; and are
provided services in accordance with their individual needs. Group
care facilities shall not include nursing homes. i
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(7) Guest. An individual who shares a dwelling in a non -permanent status
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for not more than 30 days.
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(h)(i) Hedge. A boundary formed of a row of closely planted shrubs or bushes. I
i (2) Home occupation. An accessory use consisting of an occupation or
profession carried on by a person residing on the premises.
(3) Hospital. An institution providing health services for human j
in-patient medical care for the sick or injured and including related
facilities such as laboratories, out-patient facilities, emergency
medical services, and staff offices which are an integral part of the
facility.
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(4) Hotel. A residential building licensed by the State and occupied and
used principally as a place of lodging for guests. Hotels may or may
not provide meals and there are usually no cooking facilities in guest
rooms (see "hotel, apartment").
j (5) Hotel, apartment. A multi -family dwelling under resident supervision
j which maintains an inner lobby through which all tenants must pass to
gain access to the apartments and which may furnish services ordinarily
furnished by hotels, such as a drug store, barber shop, cosmetologist,
cigar stand or newsstand, when such uses are located entirely within
the building with no separate entrance from the street or display
visible from any sidewalk, and having no sign or display visible from
outside of the building indicating the existence of such services.
(i) Reserved.
(j)(1) Junk yard. An area where waste, discarded, or salvaged materials are
bought, sold, exchanged, baled or packed, disassembled or assembled,
stored or handled, including the dismantling of "wrecking" of automo-
biles or other vehicles or machinery. A junk yard is also a house -
wrecking yard, used lumber yard, and place for storage of salvaged
building materials and structural steel materials and equipment.
(k)(1) Kennel. An establishment where small animals are bred, raised,
trained, groomed, and boarded for compensation, sale or other commer-
cial purposes.
(1)(1) Livestock. Cattle, sheep, swine, poultry, and other animals or fowl,
which are being produced primarily for use as food or food products for
human consumption.
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(2) Living unit. See "dwelling unit."
(3) Loading space, off-street. Space logically and conveniently located
and designed for bulk pickups and deliveries and accessible to delivery
vehicles from aisles.
(4) Lodging house. See "rooming house."
(5) Long term care facility. See "nursing home."
(6) Lot. A plot, separate tract, or parcel of land with fixed boundaries
isuitable for occupancy by a use.
(7) Lot, corner. A lot located at the intersection of two (2) or more
streets.
(8) Lot, double frontage. A lot having frontage on two (2) parallel or
approximately parallel streets.
(9) Lot, interior. A lot other than a corner lot or d:_uble frontage lot
and bounded by a street on only one side.
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(10) Lot, reversed corner. A corner lot, the rear of which abuts the side
of another lot.
(11) Lot area. The total area within the lot lines of a lot excluding any
area located within a public or private street.
(12) Lot coverage. The percentage of the lot area covered by the building
area.
(13) Lot depth. The mean horizontal distance between the front lot line and
the rear lot line, or the distance between the midpoint of the front
lot line and the midpont of the rear lot line.
(14) Lot frontage. The continuous width of a lot measured along the street
(right of way line).
(15) Lot line. A line oriented in terms of stable points of reference which
1 establishes one boundary of a lot.
j (16) Lot line, front. A lot line separating the lot from the street. On
iI corner lots, the front lot line is the shortest street dimension except
' that if the lot is square or almost square, i.e., has dimensions at the
ratio of from 3:2 to 3:3, then the front lot line may be along eitfier
)! street.
(17) Lot line, rear. The lot line opposite and most distant from the front
lot line. In the case of a triangular shaped lot, it is an imaginary
line within the lot, 10 feet in length, and parallel to and farthest
j from the front lot line.
i
(18) Lot line, side. Any lot line which meets the end of a front lot line
i
or any lot line which is not a front lot line or rear lot line.
j 1 (19) Lot width. The length of the front yard line.
1
(m)(1) Manufactured home. A factory -built single-family dwelling, which is
manufactured or constructed under the authority of 42 U.S.C. Sec. 5403,
Federal Manufactured Home Construction and Safety Standards, which is
not constructed with a permanent hitch or other device allowing it to
be moved other than for the purpose of moving to a permanent site, and
which does nothave permanently attached to its body or frame any
wheels or axles. A mobile home constructed to the Federal Manufactured
Home Construction and Safety Standards is not a manufactured home
I unless it has been converted to real property and is taxed as a site
built dwelling as is provided in Code of Iowa (1983), section 135D.26.
For the purpose of any of these regu at ons, manufactured homes shall
be considered the same as a single-family detached dwelling.
i
(2) Meeting hall. A facility providing space for lectures, social func-
customary iancillary space entertainment,
s restro ms,okitchcnsn and ,ifoyelar rs,pwork and
dressing rooms, and storage areas.
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(3) Mobile home. Any vehicle without motive power used or so manufactured
or constructed as to permit its being used as a conveyance upon the
public streets and highways and so designed, constructed, or recon-
structed as will permit the vehicle to be used for year-round occupancy
as a single family dwelling and containing water supply, waste dis-
posal, heating and electrical conveniences. A mobile home is fac-
tory -built housing built on a chassis. A mobile home shall not be
construed to be a travel trailer or other form of recreational vehicle.
A mobile home shall be construed to remain a mobile home, subject to
all regulations applying thereto, whether or not wheels, axles, hitch,
or other appurtenances of mobility are removed and regardless of the
nature of the foundation provided. However, certain mobile homes may
be classified as "manufactured homes."
(4) Modular home. Any single-family dwelling unit which is manufactured in
whole or in components at a place other than the location where it is
to be placed; which is assembled in whole or in components at the
location where it is to be permanently located; which rests on a
permanent foundation or slab; which does not have wheels or axles
affixed as a part of its normal construction; and which does not
require a license by any agency as a motor vehicle, special equipment,
trailer, motor home or mobile home.
(5) Motel. A residential building licensed by the state, usually located
along highways, occupied by and used principally as a place of lodging
for guests. The term "motel" includes 'motor hotel."
(n)(1) Non -conforming lot. A lot which does not conform to the provisions of
this Chapter relative to lot frontage, width or area for the zone in
which it is located by reason of the adoption of this Chapter or
subsequent amendments thereto.
(2) Non -conforming structure. A structure or portion thereof which does
not conform to the provisions of this Chapter relative to height,
yards, or building coverage for the zone in which it is located by
reason of the adoption of this Chapter or subsequent amendments
thereto.
(3) Non -conforming use. Any use that is not allowed within the zone in
which it is located or any way in which land or a building is used that
is not in compliance with the provisions of this Chapter by reason of
the adoption of this Chapter or subsequent amendments thereto.
(4) Nursing home. A facility operated by a proprietary or non-profit
corporation or association and licensed or regulated by a governmental
entity for the accommodation of convalescents or other persons who are
not in need of hospital care but who require skilled care and/or
related services.
(0)(1) Officially Approved Place. A private street which was permitted under
the terms of the zoning ordinance prior to the adoption of this
Chapter. Such streets were either established by the City Council or by
the Board of Adjustment as a variance to the requirement that a lot
front on a public street.
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.(2) Open space. That portion of the lot that is not covered by buildings,
drives, parking spaces and aisles.
(3) Open space, common. Open space the use of which is shared by all
occupants of more than one dwelling unit, as distinguished from private
open space.
(4) Open space, private. Open space used by occupants of a dwelling unit.
(5) Overlay zone. A set of zoning requirements that is imposed in addition
to those of the underlying zone. Developments within the overlay zone,
except in the case of an OPD -H zone, must conform to the requirements
of both zones or, in the case of a disparity, the more restrictive
requirements of the two.
(6) Owner. The person who holds the fee simple or equitable title to the
property.
(p)(1) Parking area. An off-street facility intended or designed for the
parking of more than four (4) motor vehicles, including parking spaces,
aisles, and tree islands.
(2) Parking space. An asphalt, concrete or similar permanent dust free
surface which is intended for off-street vehicular parking and is at'
least eight (8) feet wide and 15 feet in length for compact cars and at
least nine (9) feet wide and 19 feet in length for other cars.
(3) Patio. A covered or uncovered surfaced outdoor living area at grade
abutting and accessible from a dwelling.
(4) Performance standard. A minimum requirement or maximum allowable limit
on the effects or characteristics of a use, written in the form of
regulatory language.
(5) Permitted use. A principal use which is allowed in the zone in which
it is listed subject to compliance with the dimensional requirements
and special requirements (if any) of the zone in which it is listed and
general requirements of the Chapter.
(6) Person. Any individual or group of individuals, corporation, partner-
ship, association, or any entity, including state and local governments
and agencies.
(7) Personal service establishment. An establishment primarily engaged in
providing services generally involving the care of the person or
his/her apparel• Such laundry, cleaningts include andgarment but are o
t limited to
the following:
services; , photographic
stuY.
parlors, hat shops;
eaningarber shops; funeral shoe
homerepair
aiands other shoe shine establish-
s'
ments engaged in providing personal services such as steam baths,
reducing salons and health clubs, clothing rental, locker rental, and
porter services (see major group 72 of the Standard Industrial Classi-
fications Manual).
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(8) Planting area. An unpaved pervious area intended or used for the
placement of a tree.
(9) Porch. A covered entrance to a building consisting of a platform area,
with open or enclosed sides, projecting from the wall of a building.
(10) Premises. See "lot."
(11) Principal building. A building which contains the principal use.
(12) Principal use. The primary use(s) of land or a structure as distin-
guished from an accessory use, e.g., a house is a principal use in a ( j
residential area; a garage or pool is an accessory use.
(13) Projections (into yards). Parts of buildings such as architectural
features which protrude into the required yard or yards.
(14) Provisional use. A principal use which is allowed in the zone in which !•
it is listed subject to compliance with the specific requirements
mentioned with the use and all other dimensional requirements and )
special requirements (if any l of the zone in which it is listed and
general requirements of the Chapter. j
(15) Public utility. A system which is owned and operated by a licensed
public utility company or by a railroad company. Such systems do not
include those owned and operated by the City of Iowa City or other
governmental agency.
(q)(1) Quarry. Land used for the purpose of excavating stone or slate as an
industrial operation. I
(r)(1) Religious institution. An organization having a religious purpose,
which has been granted an exemption from federal tax as a Sec.
501(c)(3) organization under the Internal Revenue Code, including
churches, rectories, meeting halls, schools and the facilities that are
related to their use.
(2) Remodel/repair. Any improvement in a building which is not a structural
alteration.
(3) Restaurant. A business where the dispensing and the consumption at
indoor tables of edible foodstuff and/or beverage is the principal
business, including a cafe, cafeteria, coffee shop, delicatessen, lunch
room, tearoom, dining rooms bar, cocktail lounge or tavern. The total j
seating area located within the enclosed portion of the premises is
more than 50 percent of the total floor area.
(4) Restaurant, drive-in/carry-out. An auto oriented use whose principal f
operation is the dispensing of edible foodstuff and/or beverage for
consumption in automobiles, at indoor or outdoor tables, at stand-up
counters or to be carried off the premises. The total seating area, if ,
provided, is less than 50 percent of the floor area.
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(5) Retail establishment. An establishment engaged in selling merchandise
for personal or household consumption, and rendering services inciden-
tal to the sale of the goods. Such establishments will have the
following characteristics: the establishment is usually a place of
business and is engaged in activities to attract the general public to
buy; the establishment buys or receives merchandise as well as sells;
the establishment may process its products, but such processing is
incidental or subordinate to selling; the establishment is considered
as retail in the trade; and the establishment sells to customers for
business or personal uses.
(6) Rezoning. A change in land use regulations. Rezonings can take three
forms: (a) a comprehensive revision or modification of the zoning
text and map; (b) a text change in zone requirements; or (c) a change
in the map, i.e., the zoning designation of a particular parcel or
parcels.
(7) Roof. The top covering of a building constructed to shield the area
beneath from the weather. The term "roof" includes the term "canopy."
(8) Roof line. The highest point of the coping of a flat roof; the deck
line of a mansard roof; and the mid -point between the eaves and ridge
of a saddle, hip, gable, gambrel or ogee roof.
(9) Roomer. An occupant of a rooming house or rooming unit who is not a
member of the family of the rooming house operator. A roomer shall
also mean an occupant of a dwelling unit who is not a member of the
family occupying the dwelling unit.
(10) Rooming house. Any dwelling, or that part of any dwelling, containing
one or more rooming units, in which space is let by the owner or
operator to four (4) or more roamers.
(11) Rooming unit. Any habitable room or group of adjoining habitable rooms
located within a dwelling and forming a single unit with facilities
which are used, or intended to be used, primarily for living and
sleeping. A rooming unit shall have bath and toilet facilities
available for exclusive use by the occupants or for communal use and,
in addition, may have kitchen and dining facilities available for use
by the occupants therein.
(s)(1) School - generalized private instruction. A private school which
includes any of the following: Elementary and secondary schools below
university grade (ordinarily grades 1 through 12), including denomi-
national and sectarian; kindergartens and military academies are also
included. Colleges, universities, and professional schools granting
academic degrees and requiring for admission at least a high school
diploma or equivalent general academic training. Junior colleges and
technical institutes requiring for admission at least a high school
diploma or equivalent general academic training and granting associate
academic degrees, certificates or diplomas.
(2) School - specialized private instruction. A private school which
includes any of the following: Establishments primarily engaged in
offering data processing courses in programming, and in computer and
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peripheral equipment operation, including keypunch operation. Estab-
lishments primarily engaged in offering courses in business machines
operation (except data processing), office procedures, and secretarial
and stenographic skills. Establishments primarily engaged in offering
specialized trade or commercial courses, not elsewhere classified, but
not academic training. Specialized nondegree granting schools, not
elsewhere classified, such as music schools, dramatic schools, language
schools, and Civil Service and other short tern examination preparatory
schools. Establishments primarily engaged in operating dance studios
and schools. 1
(3) Separate tract. An abutting group of lots which are developed for a
use or uses which share common facilities, e.g. off-street parking, {
loading and driveways. A separate tract shall be considered as a
single lot in the application of the requirements of this Chapter. j
(4) Setback line. The line beyond which the wall of a building or struc-
ture shall not project.
(5) Special exception. A principal or accessory use or a modification in
1 yards or parking and stacking spaces which is allowable when the
provisions of Sec. 36-91(g)(2) are met and when the facts and condi-
tions specified elsewhere in this Chapter, as those upon which the
exception is permitted, are found to exist by the Board of Adjustment.
i
(6) Stacking space. An asphalt, concrete or similar permanent dust free !
surface which is designed to accommodate a motor vehicle waiting for
entry to an auto oriented use, which is located in such a way that a
parking space or access to a parking space is not obstructed, and which
is at least nine (9) feet in width and 19 feet in length. i
(7) Story. The portion of a building included between the upper surface of
any floor and the upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
(8) Street. The entire width between property lines through private
property or designated width through public property of every way of
whatever nature when such way is open to the use of the public as a
matter of right, for purposes of vehicular traffic.
(9) Street, arterial. A street whose principal function is to provide for
through traffic, and designed to carry large volumes of traffic.
(10) Street, collector. A street whose principal function is for carrying
traffic from local streets to arterial streets.
I
(11) Street, cul-de-sac. A local street terminating in a turnaround.
(12) Street, local. A street used primarily for access to abutting prop-
erty.
i
(13) Street, private. A way which is intended to afford the principal means
of access to abutting lots and is not owned or controlled by a govern-
ment entity.
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(14) Street, public. A way which affords the principal means of access to
abutting lots and is owned or controlled by a government entity.
(15) Structure. Anything constructed or erected on the ground or which is
attached to something located on the ground. Structures include
buildings, radio and TV towers, sheds, and permanent signs. Structures
exclude vehicles, sidewalks, and paving.
(16) Structural alteration. Any change in the configuration of the exterior
walls, foundation or the roof of a building which results in an
increase in the area, height or volume of the building.
(17) Sub -standard lot. See "non -conforming lot."
(18) Substantial improvement. Any repair, reconstruction, or improvement of
a building the cost of which equals or exceeds 50 percent of the market
value of the building either, (a) before the improvement or repair is
started, or (b) if the building has been damaged and is being restored,
before the damage occurred. For the purposes of this definition,
I substantial improvement is considered to occur when the first altera-
tion of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the external
dimensions of the building. The term does not, however, include either
(1) any project for improvement of a building to comply with existing
state or local health, sanitary or safety code specifications which are
necessary to assure safe living conditions or (2) any alteration of a
building listed on the National Register or Historical Places or a
State Inventory of Historic Places.
(t)(1) Townhouse. A complex containing not less than three (3) nor more than
six (6) abutting single family dwellings (townhouse units) and each
single family dwelling being located on a separate lot.
(2) Transient housing. A structure owned and operated by a non-profit
organization, as defined by Section 501(c)(3) of the Internal Revenue
Code, providing a temporary residence, for a period of not more than 10
days, for persons in need of emergency shelter and who are temporarily
unable to pay for housing.
(3) Tree. A live self-supporting woody plant with a single or multiple
self-supporting trunk(s) (the size of a tree to be planted at initial
installation is indicated in "The List of Recommended Trees for Iowa
I City," a supplement to this Chapter).
(u)(1) Upzoning. The converse of downzoning (see "downzoning").
(2) Use. A purpose or activity for which land, structures, or a portion
j thereof is designed, occupied, and maintained.
I
(3) Use, accessory. See "accessory building/use.".
(4) Use, permitted. See "permitted use."
� (5) Use, principal. See "principal use."
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1;
(6) Use, provisional. See "provisional use."
(v)(1) Vacation. The process by which the City discontinues the use of a
street, alley or easement as a public way.
(2) Variance. A means of granting a property owner relief from certain
provisions of this Chapter where owing to special conditions a literal
enforcement of the provisions of the Chapter will result in unnecessary
hardship, and so that the spirit of the Chapter shall be observed and
substantial justice done. The authority to grant variances is vested in
the.Board of Adjustment pursuant to Chapter 414 of the Code of Iowa.
(3) Vehicle. Every device in, upon or by which any person or property is
or may be transported or drawn upon a highway.
i
(4) Vehicle, storage of. A vehicle or portion thereof which is parked in
the same position for a period of 48 hours or more.
(w) Reserved
(x) Reserved
(y)(1) Yard. A required area on a lot unoccupied by structures above grade J
except for projections and the specific minor uses or structures }
allowed in such area under the provisions of this Chapter. A yard III
extends from the grade upward. J
(2) Yard, front. The required area across a lot between the front yard
line and the street (right of way line). j
(3) Yard, rear. The required area from one side lot line to another side I
lot line and between the rear yard line and the rear lot line.
(4) Yard, side. The required area from the front yard line to the rear
yard line and from the side yard line to the side lot line.
(5) Yard line, front. A line from one side lot line to another side lot
line, parallel to the street, and as far back from the street as
required in this Chapter for the front yard.
(6) Yard line, rear. A line parallel to the rear lot line and as far
forward from the rear lot line as required by this Chapter (see "lot
line, rear").
i
(7) Yard line, side. A line parallel to the side tot line and as far from 1
the side lot line as required by this Chapter.
(z)(1) Zone. A portion of the City delineated on the zoning map in which
requirements and development standards for the use of land and build-
ings within, above or below the zone are prescribed in this Chapter.
I
(2) Zoning Code Interpretation Panel. A staff panel designated by the City
Manager to interpret the provisions of the Zoning Ordinance in such a
way as to carry out its intent and purpose.
i
(3) Zoning map. The map delineating the boundaries of zones which, along
with the zoning text, comprises the zoning ordinance.
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ARTICLE II. PRINCIPAL USES AND REQUIREMENTS
DIVISION 1. ZONES
Sec. 36-5. Interim Development Zone (ID).
(a) Intent. This zone is intended to provide for areas of managed growth in
which agricultural and other non -urban uses of land may continue, until such
time as the City is able to provide municipal services and urban development
can take place. Upon provision of municipal services, the City will and the
property owner may initiate rezoning of property to uses consistent with the
Comprehensive Plan. ID designations on the zoning map shall be reevaluated
with each revision of the Comprehensive Plan. ID designations shall consist of
ID -RS (single family residential), ID -RM (multi -family residential), and IO -ORP
(office research park) to reflect the intended use of the property in the
future.
(b) Permitted uses.
(1) Farms.
(2) Livestock and. livestock operations except livestock feed lots and
confinement feeding operations.
(c) Provisional uses.
(1) Clubs subject to the requirements of Sec. 36-55.
(2) Farm dwellings provided they are developed in accordance with the
dimensional requirements of the RR -1 zone. A maximum of two (2)
roomers may reside in each farm dwelling.
(3) Livestock feed lots, except confinement feeding operations provided
they are located not closer than one-fourth (1/4) mile to any R zone
boundary.
(4) Office research park (ORP) uses provided they are developed in
accordance with the applicable special provisions of this zone.
(5) Single family dwellings provided they are developed in accordance
with the applicable special provisions of this zone.
(6) Stables and kennels subject to the requirements of Sec. 36-55.
(d) Special exceptions.
(1) Communication towers and satellite receiving devices, provided they
shall be located at least as far away from property lines as their
height is above grade.
(2) Public utilities.
14953
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(e) Dimensional requirements.
(1) Minimum lot area: 10 acres
M2 Minimum lot width: 80 ft.
3 Minimum lot frontage: 40 ft.
(4) Minimum yards:
X5.3
Front - According to the following table:
Comprehensive Plan
Setback Street Width Street Classification
44 fes- secon ary arteria
27 ft. 66 ft. secondary arterial
25 ft. 40 ft. collector or local
20 ft. 80 ft. or more secondary arterial
20 ft. 50 ft. or more collector or local
Side - 5 ft. for the first 2 stories plus 2 ft.
for each additional story
Rear - 20 ft.
(5)
Maximum
building bulk: None
(6)
Minimum
building width: 20 ft. for at least 75%
of the building's length.
(f) General
provisions. All principal and accessory uses permitted within
this zone
are
suDject to the requirements of Articles III and IV, the divisions
and sections
of which are indicated as follows:
(1)
Accessory
uses and requirements. See Article III.
a.
Permitted accessory uses and buildings. See Sec. 36-56.
b.
Accessory use and building regulations. See Sec. 36-57.
c.
Off-street parking requirements. Not applicable.
d.
Off-street loading requirements. Not applicable.
e.
Sign regulations. See Sec. 36-60.
f.
Fence regulations. See Sec. 36-64,
(2)
General provisions. See Article IV.
a.
Dimensional requirements. See Division 1.
b.
Tree regulations. Not applicable.
c.
Performance standards. See Division 3.
d.
Nonconformities. See Division 4.
X5.3
21
(g) Special provisions.
(1) Single family dwellings may be developed in those areas designated
ID -RS on minimum lot areas of five (5) acres and at the width,
j frontage and yard requirements of the ID zone.
(2) Office research park uses may develop in those areas designated
I0 -ORP in accordance with the requirements of the ORP zone. Any such
i uses shall be constructed to full City development standards and
shall provide approved private water and sewer facilities until such
time as City services are extended to the area. i
j Sec. 36-6. Rural Residential Zone (RR -1).
(a) Intent. It is intended that this zone provide for areas of a rural j
residentTa7—character within the City which are not projected to have the (,
j utilities necessary for urban development within the foreseeable future,
according to the 1983 Comprehensive Plan Update (which includes the long range
and short range plans). j
(b) Permitted uses.
(1) Detached single-family dwellings.
(2) Farms.
(c) Provisional uses.
(1) Detached single family dwellings with a maximum of two (2) roomers
i provided that one (1) additional off-street parking space shall be
i furnished.
(2) Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
(d) Special exceptions.
(1) Clubs subject to the requirements of Sec. 36-55.
i
(2) Public utilities.
(e) Dimensional requirements.
(1) Minimum lot area: 40,000 sq. ft.
(2) Minimum lot width: 80 ft. '
i(3) Minimum lot frontage: 40 ft.
(4) Minimum yards:
Front - according to the table set forth in the ID
Zone.
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Side - 5 ft. for the first 2 stories plus 2
ft. for
each additional story.
Rear - 20 ft.
r i
(5) Maximum building bulk:
i
Height - 35 ft.
Building coverage - None
Floor area ratio - None
i..
(6) Minimum building width: 20 ft. for at least 75%
of the building's length.
(f)
General provisions. All principal and accessory uses
permitted
within
this
zone are Subject to the requirements of Articles III and
IV, the division
and
sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
i
�•
a. Permitted accessory uses and buildings. See Sec.
36-56.
b. Accessory use and building regulations. See Sec.
36-57.
c. Off-street parking requirements. See Sec. 36-58.
�
d. Off-street loading requirements. Not applicable.
i
{
e. Sign regulations. See Sec. 36-60.
i I
f. Fence regulations. See Sec. 36-64.
'
(2) General provisions. See Article IV.
{
a. Dimensional requirements. See Division 1.
I i.
Jb.
Tree regulations. See Division 2.
-
i I
c. Performance standards. See Division 3.
i
d. Nonconformities. See Division 4.
(g)
Special provisions.
None.
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Sec. 36-7. Low Density Single -Family Residential Zone (RS -5).
(a) Intent. It is the primary purpose of this zone to provide for
single-family residential development consistent with the predominant
single-family residential character of Iowa City. Development within this zone
is expected to have a neighborhood orientation; therefore, parks, schools,
religious institutions and neighborhood commercial facilities are expected to
be located within or in close proximity to developments in this zone. Compati-
bility of development within this zone shall be encouraged and related
non-residential uses and structures should be planned and designed to be in
character with the scale and pattern of the residential development.
(b) Permitted uses.
(1) Detached single-family dwellings.
(c) Provisional uses.
(1) Detached single family dwellings with a maximum of one (1) roomer
provided that one (1) additional off-street parking space shall be
furnished. Two-family and multi -family dwellings, which exist as
nonconforming uses, shall be permitted one (1) roomer per dwelling
unit. (See "special provisions.")
(2) Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
(d) Special exceptions.
(1) Child care facilities subject to the requirements of Sec. 36-55, and
provided they shall be located in a private residence in which fewer
than 12 children are cared for, or in a religious institution.
(2) Public utilities.
(3) Religious institutions subject to the requirements of Sec. 36-55.
(e) Dimensional requirements.
(1) Minimum lot area: 8,000 sq. ft.
(2) Minimum lot width: 60 ft.
(3) Minimum lot frontage: 35 ft. on a public street or an offi-
cially approved place.
(4) Minimum yards:
Front - 20 ft.
Side - 5 ft. for the first 2 stories, plus 2 ft.
for each additional story.
Rear 20 ft.
24
(5) Maximum building bulk:
Height - 35 ft.
Building Coverage - 45%
Floor area ratio - None
(6) Minimum building width: 20 ft. for at least 75%
of the building's length.
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the accessory uses and requirements of Articles III
and IV, the divisions and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special Provisions.
(1) If a tract of land one acre or greater in area is being subdivided or
resubdivided into lots, it may be developed at a maximum gross
density of five (5) dwelling units per acre with minimum lot areas of
7,200 square feet and maximum lot areas of 15,000 square feet.
(2) For those dwellings in which the number of roomers exceeds one (1),
the provisions of paragraph (c)(1) above shall become applicable on
December 31, 1984.
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25
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Sec. 36-8. Medium Density Single -Family Residential Zone (RS -8).
(a) Intent. It is primarily intended that this zone provide for the develop-
ment of small lot single-family dwellings. This zone represents a relatively
high density for single-family development, thus dwellings in this zone should
be in close proximity to all city services and facilities, especially parks,
schools and recreational facilities. Special attention should be given to
landscaping and site development in this zone. Special provisions of this zone
are designed to permit dwellings with no side yard to accommodate attached
single family dwellings and to permit conversions of existing structures to
duplexes.
(b) Permitted uses.
(1) Detached single family dwellings.
j
(c) Provisional uses. �•
(1) Duplexes provided they shall be developed in accordance with the {
dimensional requirements of the RM -12 Zone and that the minimum lot
area is 8700 square feet and the minimum lot area per unit is 4350
square feet. ;
(2) Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
F
(3) Single-family and two-family dwellings with a maximum of one (1)
roomer in each dwelling unit provided that one (1) additional
off-street parking space per unit shall be furnished. Multi -family
dwellings, which exist as nonconforming uses, shall be permitted one
(1) roomer per dwelling unit. (See "special provisions.")
' I
(4) Zero lot line dwellings and townhouses, provided they shall be
developed in accordance with Sec. 36-55.
(d) Special exceptions.
(1) Child care facilities subject to the requirements of Sec. 36-55.
(2) Public utilities.
(3) Religious institutions subject to the requirements of Section 36-55.
(4) Schools - generalized private instruction.
(e) Dimensional requirements. I
(1) Minimum lot area: 5,000 sq. ft.
�2) Minimum lot width: 45 ft.
3) Minimum lot frontage: 25 ft. on a public street or an
officially approved place.
I
(4) Minimum yards:
Front -
Side -
Rear -
(5) Maximum building bulk:
26
20 ft.
5 ft. for the first 2 stories plus 2
ft, for each additional story; or for
zero lot line dwellings, one at 0 ft.
and the other(s) at 10 ft. or for
townhouses, 0 ft, or 10 ft.
20 ft.
Height - 35 ft.
Building coverage - 40%
Floor area ratio - None
(6) Minimum building width: 20 ft. for at least 75% of the
building's length. This provision
shall not apply to zero lot line
dwellings.
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) If a tract ;f land one acre or greater in area is being subdivided or
resubdivided into lots, it may be developed at a maximum gross
density of eight (8) dwelling units per acre with minimum lot areas
of 4,000 square feet and maximum Tot areas of 7,500 square feet. Lots
less than 5,000 square feet in area shall be developed with one wall
of the dwelling unit having a zero side yard.
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(2) For those dwellings in which the number of roomers exceeds one (1),
the provisions herein shall become applicable on December 31, 1984.
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Sec. 36-9. Factory Built Housing Residential (RFBH) Zone.
(a) Intent. The Factory -Built Housing Residential (RFBH) zone is designed to
provide for the placement of manufactured homes, mobile homes and modular homes
within factory -built housing parks, or upon individually subdivided lots with a
lot size smaller than that allowed in other zones permitting single-family
dwellings. The RFBH zone also provides a location for the placement of those
mobile homes which are not classified as manufactured homes and may not comply
with the building, electrical, plumbing, or housing codes, and for those
factory -built homes which do not have a minimum building width of 20 feet.
(b) Permitted uses.
(1) Manufactured homes.
(2) Mobile homes.
(3 Modular homes.
(c) Provisional uses.
(1) Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
(2) Manufactured homes, Mobile homes and Modular homes with a maximum of
one (1) roomer provided that one (1) additional off-street parking
space shall be furnished.
(d) Special exceptions.
(1) Child care facilities subject to the requirements of Sec. 36-55.
(2) Public utilities.
(3) Religious institutions subject to the requirements of Sec. 36-55.
(4) Schools - generalized private instruction
(e) Dimensional requirements.
(1) Minimum lot area: 4,000 sq. ft.
(2) Minimum lot width: 35 ft.
(3) Minimum lot frontage: 20 ft. on a public street or an
officially approved place.
(4) Minimum yards:
Front -
Side -
Rear -
(5) Maximum building bulk:
Height -
Building coverage -
Floor area ratio -
20 ft.
5 ft.
20 ft. or 30 ft. at RMN Zone bound-
ary
25 ft.
40%
None
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(f) General provisions. All principal and accessory uses permitted within
this zone rticles
divisions and sections subject
sectons ofowhich the rare i indicated d asnts of Afollows: III and IV, the
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory uses and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2)• General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) In no instance shall an area zoned WH be less than 10 acres.
(2) Manufactured housing parks shall comply with the provisions of
Chapter 22 of the Code of Ordinances and the provisions of the Code
of Iowa.
/aS-3
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Sec. 36-10. High Density Single -Family Residential Zone (RS -12)
(a) Intent. It is intended that this zone provide for the development of
singlefamily dwellings and duplexes at a high density of development in older
portions of the community. Dwellings in this zone should have good access to
all city services and facilities.
(b) Permitted uses.
(1) Detached single-family dwellings.
(2) Duplexes.
(c) Provisional uses.
(1) Dwellings allowed in this zone with a maximum of two (2) roomers in
single family dwellings and one (1) roomer in each dwelling unit in
duplexes, provided that additionall off-street parking spaces shall be
furnished at the ratio of one-half (1/2) space per roomer.
Multi -family dwellings, which exist as nonconforming uses, shall be
permitted two (2) roamers per dwelling unit. (See "special provi-
sions.")
(2) Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
(3) Zero lot line dwellings and townhouses provided they shall be
developed in accordance with Sec. 36-55.
(d) Special exceptions.
(1) Child care facilities subject to the requirements of Sec. 36-55.
(2) Public utilities.
(3) Religious institutions subject to the requirements of Sec. 36-55.
(4) Schools - generalized private instruction.
(e) Dimensional requirements.
(1) Minimum lot area: 5,000 sq. ft.
(2) Minimum lot area per unit: 3,000 sq. ft.
(3) Minimum lot width: 45 ft.
(4) Minimum lot frontage: 25 ft. on a public street or an
officially approved place.
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(5) Minimum yards:
Front -
Side -
Rear -
(6) Maximum building bulk:
20 ft.
5 ft. for the first 2 stories plus 2
ft. for each additional story; for
zero lot line dwellings, one at 0 ft.
and the other(s) at 10 ft.; or for
townhouses, 0 ft. or 10 ft.
20 ft.
Height - 35 ft.
Building coverage - 40%
Floor area ratio - none
(7) Minimum building width: 20 ft. for at least 75% of the
building's length. This provision
shall not apply to zero lot line
dwellings.
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) For those dwellings in which the number of roomers exceeds the number
permitted in paragraph (c)(1) above, the provisions of this paragraph
shall become applicable on December 31, 1986.
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(5) Minimum yards:
Front -
Side -
Rear -
(6) Maximum building bulk:
20 ft.
5 ft. for the first 2 stories plus 2
ft. for each additional story; for
zero lot line dwellings, one at 0 ft.
and the other(s) at 10 ft.; or for
townhouses, 0 ft. or 10 ft.
20 ft.
Height - 35 ft.
Building coverage - 40%
Floor area ratio - none
(7) Minimum building width: 20 ft. for at least 75% of the
building's length. This provision
shall not apply to zero lot line
dwellings.
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) For those dwellings in which the number of roomers exceeds the number
permitted in paragraph (c)(1) above, the provisions of this paragraph
shall become applicable on December 31, 1986.
32
Sec.
36-11. Low Density Multi -Family Residential Zone (RM -12).
(a)
Intent.
It is intended that this zone provide for a high density of
single
—familyresidential development and a low density of multi -family
in this should have good access to all
residential
dvelopment. Dwellings zone
city
services and facilities.
(b)
Permitted uses.
(1)
Detached single-family dwellings.
(2)
Duplexes.
(3)
Multi -family dwellings.
(c)
Provisional uses.
(1)
Dwellings allowed in this zone with a maximum of two (2) roomers in
dwelling unit provided that for single family dwellings and
each
duplexes, additional off-street parking spaces shall be furnished at
the ratio of one-half (1/2) space per roomer.
(2)
Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
(3)
Rooming houses, provided that the total floor area shall not exceed
330 square feet for each 2725 square feet of lot area and that there
shall be at least 100 square feet of floor area for each roomer.
(4)
Zero lot line dwellings and townhouses provided they shall be
developed in accordance with the requirements of Sec. 36-55.
(d)
Special exceptions.
(1)
Cemeteries and mausoleums subject to the requirements of Sec. 36-55.
(2)
Child care facilities subject to the requirements of Sec. 36-55.
(3)
Funeral home subject to the requirements of Sec. 36-55.
(4)
Group care facilities provided that there is at least 750 square feet
of lot area for each occupant.
(5)
Public utilities.
(6)
Religious institutions subject to the requirements of Sec. 36-55.
(7)
Schools - generalized private instruction.
(8)
schools - specialized private instruction subject to the provisions
of Section 36-11(g)(2).
(9)
Transient housing provided that there is at least 750 square feet of
feet for each
lot area for each permanent resident and 200 square
temporary resident.
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(e) Dimensional requirements. The following table of dimensional requirements
shall a app scab a to the uses of this zone.
I
Single-family Single-family Town- Duplexes & Multi -
non 0 -lot line 0 -lot line houses Other Uses Fami1
n. o area: s s s s sf
t
(2) Min. lot area
! per unit: 4000 sf 3000 sf 3000 sf 3000 sf 2725 sf
L (3) Min. lot width: 35 ft 20 ft 18 ft 45 ft 60 ft
(4) Min. lot frontage
on a public street
or an officially
approved place 20 ft 20 ft 18 ft 35 ft 40 ft
(5) Min. yards:
Front - 20 ft 20 ft 20 ft 20 ft 20 ft
Side - 5 ft. for the first 2 stories plus 2 ft. for each additional
story; for townhouse units, 0 ft. or 10 ft.; and for zero lot
line dwellings, 1 at 0 ft. and the other at 10 ft.
Rear - 20 ft 20 ft 20 ft 20 ft 20 ft
(6) Max. building bulk:
Height - 35 ft 35 ft 35 ft 35 ft 35 ft
Building coverage- 50% 50% 50% 50% 50%
Floor area ratio- None None None None None
(7) Min. building width: 20 ft. for at least 75% of the building's length.
This provision shall not apply to zero lot line
dwellings.
{
(f) General provisions. All principal and accessory uses permitted within this
zone are subject to the requirements of Articles III and IV, the divisions and
sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
I
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
1053
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(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) Religious institutions which existed on August 7, 1962, may expand
without compliance with the dimensional requirements or the
off-street parking requirements.
(2) Any use listed may be established by special exception in buildings
registered on the National Register of Historic Places, subject only
to the requirements specified by the Board of Adjustment and the
issuance of a certificate of appropriateness by the Historic Preser-
vation Commission according to the procedures of Section 27-87.
Because continued use and occupancy of historic structures contribute
to maintenance of the City's historic, aesthetic, and cultural
heritage, the Board may, to the extent it finds necessary under the
circumstances, waive all zoning requirements, including but not
limited to off-street parking and yard requirements, which would
limit or prevent a use or occupancy of an historic structure which is
allowed under the provisions of this section.
(3) For those dwellings in which the number of roomers exceeds the number
permitted in paragraph (c)(1) above, the provisions of this paragraph
shall become applicable on December 31, 1986.
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Sec. 36-12. Medium Density Multi -Family Residential Zone (RM -20)
(a) Intent. It is the purpose of this zone to provide for the development of
medium density multi -family housing in areas suitable for this density and to
serve a market demand for this type of housing. This zone is particularly well
suited to locations adjacent to neighborhood activity centers and should have
good access to all city services and facilities.
(b) Permitted uses.
i I
(1) Multi -family dwellings.
(c) Provisional uses.
(1) Detached single family dwellings subject to the dimensional require-
ments of the RS -12 zone. I.
i
(2) Dwellings allowed in this zone with a maximum of three (3) roomers in
each dwelling unit provided that for single family dwellings and
duplexes, additional off-street parking spaces shall be furnished at
the ratio of one-half (1/2) space per roomer.
(3) Duplexes provided they shall be developed in accordance with the
dimensional requirements of the RM -12 zone, except that the minimum 1
lot area shall be 3600 square feet and the minimum lot area per unit
1800 square feet.
(4) Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
(5) Fraternity/sorority houses, provided there shall be 545 square feet f
of lot area for each person residing on the premises.
(6) Nursing homes subject to the requirements of Sec. 36-55.
(7) Religious institutions subject to the requirements of Sec. 36-55.
(8) Rooming houses, provided that the total floor area shall not exceed
330 square feet for each 1800 square feet of lot area and that there
shall be at least 100 square feet of floor area for each roomer.
(9) Townhouses and zero lot line dwellings subject to the requirements of
Sec. 36-55, provided they are developed in accordance with the
dimensional requirements of the RM -12 Zone, except that each unit
shall have a minimum lot area of 1800 square feet.
(d) Special exceptions.
(1) Cemeteries and mausoleums subject to the requirements of Sec. 3G-55. II
(2) Child care facilities subject to the requirements of Sec. 36-55.
(3) Clubs.
(4) Elderly housing.
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(5) Group care facilities provided that there is at least 550 square feet
of lot area for each occupant.
(6) Public utilities.
(7) Schools - generalized private instruction.
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(8) Transient housing provided that there is at least 550 square feet of {
lot area for each permanent resident and 200 square feet for each
temporary resident. i.
(e) Dimensional requirements.
(1) Minimum lot area: 5000 sq. ft.
(2) Minimum lot area per unit: 1800 sq. ft.
(3) Minimum lot width: 60 ft.
(4) Minimum lot frontage: 35 ft. on a public street or an
officially approved place.
l:
(5) Minimum yards: - I
Front - 20 ft. '
i
Side - 5 ft. for the first 2 stories plus 2
ft. for each additional story.
Rear - 20 ft.
(6) Maximum building bulk:
Height - 35 ft.
Building coverage - 45% i
Floor area ratio - None
(f) General provisions. All principal and accessory uses permitted within
this zone are Subject o the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56. j
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parkii:g requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
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e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
i
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
t, c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
F (g) Special provisions. j
(1) Religious institutions which existed on August 7, 1962, may expand )'
without compliance with the dimensional requirements or the
off-street parking requirements. )
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Sec. 36-13. Neighborhood Conservation Residential Zone (RNC -20)
(a) Intent. It is the purpose of this zone to preserve the character of
existing neighborhoods and these regulations are designed to prevent
existing multi -family uses within the neighborhood from becoming noncon-
forming. Conversions and redevelopment may occur up to the density
provided in this zone.
j(b) Permitted uses.
(1) Detached single family dwellings.
(2) Duplexes.
(3) Multi -family dwellings.
(c) Provisional uses.
(1) Dwellings allowed in this zone with a maximum of three (3) roomers in
each dwelling unit provided that for single family dwellings and
duplexes, additional off-street parking spaces shall be furnished at
the ratio of one-half (1/2) space per roomer.
(2) Family care facilities provided they shall not be located within
one-quarter (1/4) mile of each other.
(3) Fraternity/sorority houses, provided there shall be 545 square feet
of lot area for each person residing on the premises.
(4) Nursing homes subject to the requirements of Sec. 36-55.
(5) Religious institutions subject to the requirements of Sec. 36-55.
(6) Rooming houses provided that the total floor area shall not exceed
330 square feet for each 1800 square feet of lot area and that there
shall be at least 100 square feet of floor area for each roomer.
(d) Special exceptions.
(1) Child care facilities subject to the requirements of Sec. 36-55.
(2) Group care facilities provided that there is at least 550 square feet
of lot area for each occupant.
(3) Public utilities.
(4) School - generalized private instruction.
(5) Transient housing provided that there is at least 550 square feet of
lot area for each permanent resident and 200 square feet for each
temporary resident.
(e) Dimensional requirements.
(1) Minimum lot area: 5000 sq. ft.
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(2) Minimum lot area per unit: 1800 sq. ft.
(3) Minimum lot width: 40 sq. ft.
(4) Minimum lot frontage: 25 sq. ft. on a public street or an
officially approved place.
(5) Minimum yards
Front - 20 ft.
Side - 5 ft. for the first story plus 2
ft. for each additional story.
Rear - 20 ft.
(6) Maximum building bulk:
Height 35 ft.
Building coverage - 45%
Floor area ratio - None
(7) Minimum building width: 20 ft. for at least 75% j
the building's length.
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV, the divisions j
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
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(g) Special provisions.
(1) All uses or buildings which were conforming prior to December 13,
1982, shall be construed to be conforming under the terms of this
ordinance. Any building containing a conforming use may be torn down
and rebuilt provided it does not exceed its present density or the
density of this zone, whichever is greater, and is in conformance
with all other provisions of this ordinance.
(2) Any conforming building containing a conforming use which has been
destroyed or damaged by fire, explosion, act of God or a public enemy
may be rebuilt to its present state.
(3) Religious institutions which existed on August 7, 1962, may expand
without compliance with the dimensional requirements or the
off-street parking requirements.
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Sec. 36-14. High Density Multi -Family Residential Zone (RM -44).
(a) Intent. It is intended that this zone establish areas for the development
of high density multi -family dwellings and group living quarters. Addition-
ally, it is intended that this zone be located near an arterial street for
proper access. Due to the different types of uses permitted within the zone,
careful attention to site design and development is expected to assure that all
uses are mutually compatible.
(b) Permitted uses.
(1) Dwellings allowed in this zone with a maximum of three (3) roomers
residing in each dwelling unit. Single and two family dwellings,
which exist as nonconforming uses, shall be permitted three (3)
roomers per dwelling unit.
(2) Multi -family dwellings.
i
(c) Provisional uses. i
(1) Family care facilities provided they shall not be located within f
one-quarter (1/4) mile of each other.
(2) Fraternity/sorority houses, provided there shall be 330 square feet
of lot area for each person residing on the premises.
(3) Nursing homes subject to the requirements of Sec. 36-55.
(4) Religious institutions subject to the requirements of Sec. 36-55.
i
(5) Rooming houses provided the total floor area shall not exceed 330
square feet for each 1000 square feet of lot area and that there
shall be at least 100 square feet of floor area for each roomer.
(d) Special exceptions.
(1) Child care facilities. I j
(2) Clubs.
(3) Group care facilities provided that there is at least 300 square feet
of lot area for each occupant. i
(4) Public utilities.
i
(5) Schools - generalized private instruction.
(6) Transient housing provided that there is at least 300 square feet of j
lot area for each permanent resident and 200 square feet for each
temporary resident.
(e) Dimensional requirements.
(1) Minimum lot area: 5000 sq, ft. j
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(2) Minimum lot area per unit: 1000 sq. ft.
(3) Minimum lot width: None.
(4) Minimum lot frontage: 35 ft. on a public street or an
officially approved place.
(5) Minimum yards:
Front - 20 ft.
Side - 5 ft. for the first 2 stories plus 2
ft. for each additional story.
Rear - 20 ft.
(6) Maximum building bulk:
Height - 35 ft.
Building coverage - 40%
Floor area ratio - None
(f) General provisions. All principal and accessory uses permitted within
this zone are subject o the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
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(g) Special provisions.
(1) Religious institutions which existed on August 7, 1962, may. expand
without compliance with the dimensional requirements or the
off-street parking requirements.
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(g) Special provisions.
(1) Religious institutions which existed on August 7, 1962, may. expand
without compliance with the dimensional requirements or the
off-street parking requirements.
44
Sec. 36-15. High Rise Multi -Family Residential Zone (RM -145).
(a) Intent. It is the purpose of this zone to provide for a mix of uses which
are suited to a very high intensity residential environment. It is intended
that this zone provide an efficient arrangement of land uses by providing
convenience to its residents. While special attention to design is needed to
successfully blend multiple uses into one structure or into a single neighbor-
hood, this zone provides opportunities for activities and amenities not
immediately available to most residential environments. Since this zone will
have high levels of pedestrian activity, special attention must be directed to
providing a pleasant, safe and efficient pedestrian environment.
(b) Permitted uses.
(1) Dwellings allowed in this zone with a maximum of three (3) roomers
residing in each dwelling unit. Single and two family dwellings,
which exist as nonconforming uses, shall be permitted three (3)
roomers per dwelling unit.
(2) Fraternity/sorority house.
(3) High-rise multi -family dwellings.
(c) Provisional uses.
(1) Elderly housing subject to the requirements of Sec. 36-55.
(2) Low-rise multi -family dwellings provided they are developed in
accordance with the dimensional requirements of the RM -44 zone.
(3) Retail and service establishments listed as permitted uses (1)
through (4) in the CN -1 Zone provided they are located on the ground
level or below in a high-rise multi -family dwelling.
(d) Special exceptions.
(1) Child care facilities.
(2) Clubs.
(3) Group care facilities provided that there is at least 300 square feet
of lot area for each occupant.
(4) Public utilities.
(5) Religious institutions.
(6) Restaurants.
(7) Schools - generalized private instruction.
(6) Transient housing.
(e) Dimensional requirements.
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(1) Minimum lot area:
(2) Minimum lot area per unit
(3) Minimum lot width:
1 (4) Minimum lot frontage:
(5) Minimum yards:
Front -
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Side -
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Rear -
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5000 sq. ft.
300 sq. ft.
None
35 ft. on a public street or an
officially approved place.
None.
5 feet or 0 feet for walls without
windows facing the side yard.
5 feet or 0 feet for walls without
windows facing the rear yard.
(6) Minimum open space per
dwelling unit: None.
(7) Maximum building bulk:
Height - None.
Building coverage - None.
Floor area ratio - None.
(f) Generalprovisions. All principal and accessory uses permitted in this
zone are subject to the requirements of Articles III and IV, the divisions and
sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
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d. Nonconformities. See Division 4.
(g) Special provisions.
(1) Except along boundaries where adjacent zones permit buildings higher
than 35 feet, no portion of any building in the RM -145 zone shall
project through an imaginary plane leaning inward from 35 feet above
zone boundaries at an angle representing an increase of one (1) foot
of height for each foot of horizontal distance perpendicular to the
boundary. Where existing land in abutting zones is developed with
open spaces at the boundary, such as street right-of-way, the open
space may be included in meeting the horizontal distance require-
ment.
(2) Religious institutions which existed on August 7, 1962, may expand
without compliance with the dimensional requirements or the
off-street parking requirements.
Sec. 36-16. Reserved.
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Sec. 36-17. Commercial Office Zone (CO -1).
(a) Intent. The Commercial Office Zone (CO -1) is intended to provide specific
areasw ere office functions, compatible businesses, apartments and certain
public and semi-public uses may be developed. The CO -1 Zone can serve as a
buffer between residential and more intensive commercial or industrial areas.
(b) Permitted uses.
(1) Clubs. j
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(2) Copy services.
(3) Florist shops.
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(4) Hospitals.
(5) Meeting halls.
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(6) Nursing homes.
(7) Office buildings in which no activity is carried on catering to
retail trade with the general public and no stock of goods is
maintained for sale to customers except for those retail establish-
ments specifically allowed in this zone. Any office use shall be
permitted excepting the following:
i
a. Drive-in facilities. j
b. Small animal clinics.
(8) Optical, prosthetics, medical and dental supply stores, limited to
retail sales.
(9) Pharmacies limited to the retail sale of drugs and pharmaceutical
products.
(c) Provisional uses.
(1) Dwellings located above or below the ground floor of another princi-
pal use permitted in this zone provided that the density does not
exceed one (1) dwelling unit per 1800 square feet of lot area. A
maximum of three (3) roomers may reside in each unit.
(2) Religious institutions subject to the requirements of Sec. 36-55.
(d) Special exceptions.
(1) Barber shops and. beauty parlors, laundromats, and laundry and dry
cleaning pick-up and delivery services. Ij
(2) Child care facilities.
(3) Communication stations and studios.
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(4)
Drive-in facilities associated with financial institutions.
(5)
Funeral homes subject to the requirements of Sec. 36-55.
(6)
Group care facilities provided that there is at least 300 square feet
of lot area for each occupant.
(7)
Public utilities.
(8)
Restaurants.
(9)
Schools - specialized private instruction.
(10)
Transient housing provided that there is at least 300 square feet of
lot area for each permanent resident and 200 square feet for each
temporary resident.
(e)
Dimensional requirements.
(1)
Minimum lot area: None
(2)
Minimum lot width: None
(3)
Mininum lot frontage: None
(4)
Minimum yards:
Front: 20 ft.
Side: None
Rear: None
(5)
Maximum building bulk: 25 ft.
Lot coverage: None.
Floor area ratio: 1
(f)
General provisions. All principal and accessory uses permitted within
this
zone
are subject to the requirements of Articles III and IV, the divisions
and
sections of which are indicated as follows:
(1)
Accessory uses and requirements. See Article III
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-58.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2)
General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
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b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) Religious institutions which existed on August 7, 1962, may expand
without compliance with the dimensional requirements or the
off-street parking requirements.
(2) Hospitals which existed on August 7, 1962, shall be exempt from and
may expand without compliance with the dimensional requirements.
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b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) Religious institutions which existed on August 7, 1962, may expand
without compliance with the dimensional requirements or the
off-street parking requirements.
(2) Hospitals which existed on August 7, 1962, shall be exempt from and
may expand without compliance with the dimensional requirements.
50
Sec. 36-18. Neighborhood Commercial Zone (CN -1).
(a) Intent. The Neighborhood Commercial Zone (CN -1) is intended to permit the
development of retail sales and personal services required to meet the needs of
a fully developed residential neighborhood. Stores in this zone should be
useful to the majority of the neighborhood residents, should be economically
supportable by nearby population, and should not draw community -wide patronage.
In general, the CN -1 Zone is intended for the grouping of small retail busi-
nesses which are relatively nuisance -free to surrounding residences. The
location and development of neighborhood commercial sites should follow the
criteria set forth for such sites in the Comprehensive Plan.
(b) Permitted uses.
(1) Barber shops and beauty parlors, laundromats, and laundry and dry
cleaning pick-up and delivery services.
(2) Drugstores, florist shops and variety stores.
(3) Financial institutions.
(4) Grocery stores including specialty food such as bakery and delica-
tessen goods.
(c) Provisional uses.
(1) None.
(d) Special exceptions.
(1) Child care facilities subject to the requirements of Sec. 36-55.
(2) Drive-in facilities for financial institutions.
(3) Dwellings located above or below the ground floor of another princi-
pal use permitted in this zone, provided that the density does not
exceed one (1) dwelling unit per 1800 square feet of lot area. A
maximum of three (3) roomers may reside in each dwelling unit.
(4) Filling stations provided that no part of the filling station site
shall be located within 100 feet of an R zone boundary.
(5) Public utilities.
(5) Religious institutions.
(7) Restaurants.
(8) School - specialized private instruction.
(c) Dimensional requirements.
(1) Minimum lot area: (lone
(2) Minimum lot width: None
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(3) Minimum lot frontage: None
(4) Minimum yards:
Front - 20 ft.
Side - None
Rear - None
(5) Maximum building bulk:
Height - 25 ft.
Lot coverage - None
Floor area ratio - 1
(f) General provisions. All principal and accessory uses permitted
within this zone are subject to the requirements of Articles III and IV,
the divisions and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory uses and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions -
(1) In no instance shall an area zoned CN -1 be less than three (3) acres
or more than seven (7) acres.
(2) Religious institutions which existed on August 7, 1962, may expand
without compliance with the dimensional requirements or the
off-street parking requirements.
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Sec. 36-19. Community Commercial Zone (CC -2).
(a) Intent. The Community Commercial Zone (CC -2) is intended to provide for
major business districts to serve a major segment of the total community
population. In addition to a variety of retail goods and services, these
centers may typically feature a number of large traffic generators that require
access from major thoroughfares. While these centers are usually characterized
by indoor operations, certain permitted uses may have limited outdoor activi-
ties as specified.
(b) Permitted uses.
(1) Business and personal service establishments except drive-in facili-
ties.
(2) Clubs.
(3) Meeting halls.
(4) Office uses allowed in the CO -1 Zone.
(5) Retail establishments, including restaurants, except those uses
listed as special exceptions.
(6) Theaters.
(d) Special exceptions.
(1) Auto and truck oriented uses.
(2) Cemeteries.
(3) Child care facilities.
(4) Commercial recreational uses.
(5) Dwellings located above or below the ground floor of another princi-
pal use permitted in this zone, provided the density does not exceed
one (1) dwelling unit per 1800 square feet of lot area. A maximum of
three (3) roomers may reside in each dwelling unit.
(6) Funeral homes subject to the requirements of Sec. 36-55.
(7) Public utilities.
(8) Religious institutions.
(9) Schools - specialized private instruction.
(10) transient housing provided that there is at least 300 square feet of
lot areu for each permanent resident and 200 square feet for each
temporary resident.
(e) Dimensional requirements.
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(1) Minimum lot area: None
(2) Minimum lot width: None
(3) Minimum lot frontage: None
(4) Minimum yards:
Front - 20 ft.
Side - None
Rear - None
(5) Maximum building bulk:
Height - 35 ft.
Lot coverage - None
Floor area ratio - 2,0
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) Religious institutions which existed on August 7, 1962, may expand
without compliance with the dimensional requirements or the
off-street parking requirements.
Sec. 36-20. Central Business Service zone (CB -2).
(a) Intent. The Central Business Service zone (CB -2) is intended to allow for
the orderTexpansion of the central business district of Iowa City, to serve
as a transition between the intense land uses located in the central business
54
district and adjoining areas, and to enhance the pedestrian orientation of the
central business district by providing suitable, peripheral locations for
auto -oriented commercial and service uses. This zone is intended to accommo-
date mixed land uses and requires that the intensity of use be less than that
permitted in the CB -10 zone.
(b) Permitted uses.
(1) Auto and truck oriented uses.
(2) Hotels, motels and convention facilities.
(3) Permitted uses of the CB -10 Zone.
(c) Provisional uses.
(1) Dwellings located above or below the ground floor of a structure in
which the ground floor is occupied exclusively by another principal
use or uses permitted in this zone. The dwellings shall be developed
in accordance with the dimensional requirements of the RM -145 zone. A
maximum of three (3) roomers may reside in each dwelling unit.
(2) Elderly housing subject to the requirements of Sec. 36-55.
(d) Special Exceptions.
(1) Child care facilities.
(2) Clubs.
(3) Commercial recreational uses.
(4) Public utilities.
(5) Religious institutions.
(6) Schools - specialized private instruction.
(7) Transient housing.
(e) Dimensional requirements.
(1) Minimum lot area: None
(2) Minimum lot width: None
(3) Minimum lot frontage: None
(4) Minimum yards:
Front - None
Side - None
Rear - None
(5) Maximum building bulk:
Height - 100 ft.
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Lot coverage - None
Floor area ratio - 2.0
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) Religious institutions which existed on August 7, 1962, may expand
without compliance with the off-street parking requirements.
/OS3
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Sec. 36-21. Central Business Zone (CB -10),
(a) Intent. The Central Business Zone is intended to be the high density,
compact, pedestrian oriented shopping, office, service, and entertainment area
in Iowa City. Development and redevelopment within this zone should occur in
compact groupings, in order to intensify the density of usable commercial
spaces, while increasing the availability of open spaces, plazas, or pedestrian
ways. The zone is intended to accommodate a wide range of retail, service,
office and residential uses. Auto oriented uses, as defined in this Chapter,
are not permitted except as otherwise provided. Consolidated off-street loading
and service facilities should be provided wherever practical with access to be
provided from public service alleys or courts. It is intended that off-street
parking facilities be publicly provided and off-street accessory parking be
allowed only as a provisional use. Because of the proximity to the University
of Iowa, residential development above the ground floor in this district is
encouraged as a provisional use.
(b) Permitted uses.
(1) Business and personal service establishments, except drive-in
facilities.
(2) Meeting halls.
(3) Office uses allowed in the CO -1 Zone.
(4) Retail establishments, including restaurants, except drive-in
facilities.
(5) Theaters.
(c) Provisional uses.
(1) Dwellings provided they are located above the ground floor of another
principal use permitted in this zone. Three (3) roomers may reside
in each dwelling unit.
(2) Elderly housing subject to the provisions of Sec. 36-55.
(3) Hotels or motels provided that parking spaces shall be in accordance
with Sec. 36-58.
(4) Wholesale establishments in conjunction with retail establishments.
(d) Special exceptions.
(1) Child care facilities.
(2) Clubs.
(3) Commercial recreational uses.
(4) Off-street parking subject to the provisions of Sec. 36-58.
/OS3
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(5)
Public utilities.
(6)
Religious institutions.
7
(7)
Schools - specialized private instruction.
I.
(8)
Transient housing.
(e)
Dimensional requirements.
(1)
Minimum lot area: None
(2)
Minimum lot width: None
(3)
Minimum lot frontage: None
(4)
Minimum yards:
Front - None
Side - None
Rear - None
(5)
Maximum building bulk:
Height - None
Lot coverage - None
Floor area ratio - 10.0
(f)
General provisions. All principal and accessory uses permitted within
this
zone
are subject to the requirements of Articles III and IV, the divisions
and
sections of which are indicated as follows:
(1)
Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2)
General provisions. See Article IV
a. Dimensional requirements. See Division 1.
b. Tree regulations. Not applicable.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g)
Special provisions.
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(1) The floor area ratio may exceed 10, up to and including 12, for any
lot for which a use provides off-street loading meeting the require-
ments of Sec. 36-59; or
(2) The floor area ratio may exceed 10, up to and including 12, for any
lot on which a use provides for a pedestrian plaza that abuts a
public street or pedestrian mall and that has an area equal to or
greater than 20 percent of the lot area.
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Sec. 36-22. Highway Commercial Zone (CH -1)
(a) Intent. The Highway Commercial Zone (CH -1) is intended to permit develop-
ment of service uses relating to expressways or other locations along major
arterial thoroughfares. At certain access points, food, lodging, motor vehicle
service and fuel can be made conveniently available to the thoroughfare user.
(b) Permitted uses.
(1) Auto and truck oriented uses.
(2) Commercial recreational facilities.
(3) Dairy products processing and packaging.
(4) Hotels, motels and convention facilities.
(5) Office uses allowed in the CO -1 Zone.
(6) Restaurants.
(c) Provisional uses.
(1) Retail establishments when associated with the uses allowed in this
zone, provided not more than 50% of the total ground floor area shall
be devoted to the retail display of merchandise.
(d) Special exceptions.
(1) Public utilities.
(2) Schools - specialized private instruction.
(3) Transient housing.
(e) Dimensional requirements.
(1) Minimum lot area: None
(2) Minimum lot width: 100 ft.
(3) Minimum lot frontage: None
(4) Minimum yards:
Front - 20 ft.
Side - None
Rear - None
(5) Maximum building bulk:
Height - None
Lot coverage - None
Floor area ratio - 1
60
(f) General rovisions. All principal and accessory uses permitted within
this zone are su 3ec o the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
None
9
61
Sec. 36-23. Intensive Commercial Zone (CI -1)
(a) Intent. The Intensive Commercial Zone (CI -1) is intended to provide areas
for those sales and service functions and businesses whose operations are
typically characterized by outdoor display, storage and/or sale of merchandise,
by repair of motor vehicles, by outdoor commercial amusement and recreational
activities, or by activities or operations conducted in buildings or structures
not completely enclosed. Special attention must be directed toward buffering
the negative aspects of these uses upon any residential use.
(b) Permitted uses.
(1) Auto and truck oriented uses.
(2) Building contractor facilities, yards and pre -assembly yards.
(3) Clubs.
(4) Commercial recreational facilities.
(5) Computer supply stores.
(6) Equipment rental agencies.
(7) Farm implement dealers.
(8) Food lockers.
(9) Furniture and carpeting stores.
(10) Hardware and building supply stores.
(11) Lumber yards, and building supply establishments and yards.
(12) Marine equipment and supply.
(13) Meeting halls.
(14) Merchandise and product supply centers but not including the retail
sale of merchandise on premises.
(15) Office uses allowed in the CO -1 zone.
(16) Plant nurseries and florist shops.
(17) Printing and duplicating operations.
(18) Repair shops.
(19) Restaurants.
(20) Wholesale trade and warehouse establishments for the goods listed in
the I-1 zone.
62
(c)
Provisional uses.
(1)
Funeral homes subject to the requirements of Sec. 36-55.
(2)
Kennels and veterinary establishments provided they are not located
within 200 feet of an R zone.
(3)
i
Retail establishments other than listed when associated with the uses
allowed in this zone provided that not more than 50% of the total
ground floor area shall be devoted to the retail display of merchan-
dise.
(d)
Special exceptions.
(1)
Adult businesses, such as massage parlors and other similar estab-
lishments which feature nude dancers or models, provided they shall
not be located within 500 feet of a restaurant or another adult
business. i
(2)
Cementitious concrete batch/mix plants. j
(3)
Dwellings located above the ground floor of another principal use
permitted in this zone, provided that the density does not exceed one
(1) dwelling unit per 1800 square feet of lot area. A maximum of
three (3) roomers may reside in each dwelling unit.
i,
(4)
Group care facilities provided that there is at least 300 square feet
of lot area for each occupant.
(5)
Public utilities.
(6)
Schools - specialized private instruction.
(7)
Transient housing provided that there is at least 300 square feet of
lot area for each permanent resident and 200 square feet for each
temporary resident.
(e)
Dimensional requirements.
(1)
Minimum lot area: None
(2)
Minimum lot width: None
I
(3)
Minimum lot frontage: None
(4)
Minimum yards: j
Front - 20 ft. 1
Side - None 1
Rear - None j
(5)
Maximum building bulk: {
Height - 35 ft. i
Lot coverage - None
Floor area ratio - 1
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(f) General provisions. All principal and accessory uses permitted within
this zone are su 3ec o he requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
C. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
None.
Sec. 36-24 reserved.
64
Sec. 36-25. Office and Research Park Zone (ORP).
(a) Intent. It is intended that this zone provide areas for the development
of large office, research and similar uses. The requirements of this zone
provide protection for uses within the zone to adjacent land uses and for
adjacent more restrictive uses. Hotels, motels and similar uses should be
located along the periphery of the zone or in such other locations that do not
adversely affect the setting and quality of development for the permitted uses
of this zone.
(b) Permitted uses.
(1) Data processing and computer operations.
(2) Merchandise and product display centers, but not including the retail
sale of merchandise on premises.
(3) Offices including business, educational, governmental, industrial or
professional offices.
(4) Research, testing, and experimental laboratories.
(c) Provisional uses.
None.
(d) Special exceptions.
(1) Communication stations, centers, studios and towers provided that
towers shall be located at least as far away from lot lines as their
height above grade.
(2) Heliports and helistops subject to the requirements of Sec. 36-55.
(3) Hotels, motels, and convention centers, including restaurants.
(4) Public utilities.
(e) Dimensional requirements.
(1) Minimum lot area: 7 acres
(2) Minimum tot width: None
(3) Minimum lot frontage: None
(4) Required yards:
Front - 150 ft.
Side - 100 ft.
Rear - 100 ft.
(5) Maximum building bulk:
Height - None
Lot coverage - None
Floor area ratio - None
/OS3
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(f) General provisions- All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
(1) In no instance shall an area zoned ORP be less than 21 acres.
Sec. 36-26. Reserved.
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Sec. 36-27. General Industrial Zone (I-1).
(a) Intent. The General Industrial Zone (I-1) is intended to provide for the
development of most types of industrial firms. Regulations are designed to
protect adjacent non-residential zones and other industrial 'uses within the
zone.
(b) Permitted uses.
(1) Building contractor facilities, yards and pre -assembly yards.
(2) Communication stations, centers, and studios.
(3) Manufacture, compounding, assembling or treatment of articles or
merchandise from the following previously prepared materials such as
but not limited to bone, canvas, cellophane, cement, cloth, cork,
feathers, felt, fiber, fur, glass, hair, horn, leather, metal, paper,
plastics, precious or semi-precious metals or stones, rubber, shell,
textiles, tobacco, wax, wire, wood (except logging camps, sawmills,
and planing mills) and yarns.
(4) Manufacture of chemicals and allied products except fertilizer
manufacturing.
(5) Manufacture, processing and packaging of food and kindred products
(except grain milling and processing, stockyards and slaughter
houses).
(6) Railroad switching, storage and freight yards and maintenance
facilities.
(7) Research, testing and experimental laboratories.
(8) Wholesale trade and warehouse establishments for goods such as but
not limited to automotive equipment, drugs, chemicals and allied
products, dry goods and apparel, groceries and related products,
electrical goods, hardware, plumbing, heating equipment and supplies,
machinery, equipment and supplies, tobacco and alcoholic beverages,
paper and paper products, furniture and home furnishings.
(c) Provisional uses.
(1) Communication towers provided that a tower's distance from an R zone
shall be at least equal to the height of the tower.
(2) Residence of the proprietor, caretaker, or watchman when located on
the premises of the commercial or industrial use.
(d) Special exceptions.
(1) Cementitious concrete batch/mix plants.
(2) Heliports and helistops subject to the requirements of Sec. 36-55.
(3) Public utilities.
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(g) Special provisions.
None.
(4)
Schools - specialized private instruction.
(e)
Dimensional requirements.
(1)
Minimum lot area: None
(2)
Minimum lot width: None
(3)
Minimum lot frontage: None
(4)
Minimum yards:
Front - 20 ft.
Side - None
Rear - None
(5)
Maximum building bulk:
Height - 45 ft.
Lot coverage - None
Floor area ratio - None
(f)
General provisions. All principal and accessory uses permitted within
this
zone
are subject to the requirements of Articles III and IV, the divisions
and
sections of which are indicated as follows:
(1)
Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2)
General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
None.
68
Sec. 36-28. Heavy Industrial Zone (I-2).
(a) Intent. The Heavy Industrial Zone (I-2) is intended to provide for heavy
or intense industries. The zone is designed primarily for manufacturing and
fabrication activities including large scale or specialized operations having
external effects which could have an impact on adjacent less intense commercial
or industrial uses.
(b) Permitted uses.
(1) Any industrial, commercial or related use, except the following uses
which shall be prohibited.
a. Disposal, reduction or dumping of dead animals or offal.
b. Fertilizer manufacturing.
c. Manufacture of explosives.
d. Oil refining and alcohol plants.
e. Production of stone, clay, glass materials including Portland
cement plants and quarries.
f. Radioactive waste storage or disposal site.
g. Steel mills.
h. Stockyards and slaughter houses.
(c) Provisional uses.
(1) Extraction of sand, gravel and other raw materials subject to the
requirements of Section 36-55.
(2) Uses listed as provisional uses in the I-1 zone subject to the
requirements indicated.
(d) Special exceptions.
(1) Junk yards subject to the requirements of Sec. 36-55.
(2) Public utilities.
(e) Dimensional requirements.
(1) Minimum lot area: None
(2) Minimum lot width: None
(3) Minimum lot frontage: None
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(4) Minimum yards:
Front - 100 ft.
Side - 0 ft.
Rear - 0 ft.
(5) Maximum building bulk:
Height 45 ft.
Lot coverage - None
Floor area ratio - None
(f) General revisions. All principal and accessory uses permitted within
this zone are su ject to the requirements of Articles III and IV, the divisions
and sections of which are indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory use and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. See Sec. 36-59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformities. See Division 4.
(g) Special provisions.
None
Sec. 36-29. Reserved
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Sec. 36-30. Public Zone (P).
(a) Intent. It is intended that the Public Zone (P) provide reference on the
zoning map to public uses of land. Thus land owned or otherwise controlled by
the Federal Government, the State of Iowa, Johnson County, City of Iowa City,
and the Iowa City Community School District will be designated a Public Zone
(P). This designation is intended to serve a notice function to those owning
or buying land in proximity to publicly owned land, which is not ordinarily
subject to the regulations of this Chapter.
(b) Permitted uses.
(1) Farms.
(2) Use of land, buildings or structures of the aforementioned federal
and state governments or political subdivisions thereof.
(c) Provisional uses.
..---
(d) Special exceptions.
None.
(e) Dimensional requirements.
None.
(f) General provisions.
None.
(g) Special provisions.
(1) Should any such land be sold, conveyed or transferred to anyone other
than the government of the United States of America or the State of
Iowa or a political subdivision thereof, the buyer or transferee must
submit an application to the City for a rezoning to a zone other than
the Public Zone (P) in accordance with Sec. 36-88.
(2) Land which is acquired by the government of the United States of
America or the State of Iowa or a political subdivision thereof after
the effective date of this Chapter shall retain its existing zoning
designation until such time as, pursuant to Sec. 36-88, the zoning map
is amended to designate such land a Public Zone (P).
(3) Before any such land is conveyed by leasehold interest to anyone other
than the federal and state governments or political subdivisions
thereof for a use other than permitted in this zone, rezoning to an
appropriate zone in whicil the use is allowed shall be obtained. The
use shall be subject to all requirements of the zone in which it is
allowed. Further, the zone shall be established as an overlay zone
with the underlying zone retaining its original designation of P.
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DIVISION 2. OVERLAY ZONES
Sec. 36-31. Flood hazard overlay zones - General.
(a) Purpose. The purpose of the flood hazard overlay zones is to establish
regulations
minimize
promote the public health,asafincurred in flood
ety and welfare.
(b) Intent. The flood hazard overlay zones are intended to permit only that
development within the floodplain which is appropriate in light of the proba-
bility of flood damage. The regulations as set forth herein shall apply to all
property located in the floodplains, as shown on the Flood Hazard Boundary Map
filed with the City Clerk.
(c) Adoption of flood maps and flood insurance study. The City has adopted
the preliminary revised Flood Insurance Rate Map, the Flood Boundary and
Floodway Map and the Flood Insurance Study dated May 17, 1984, provided by the
Federal Emergency Management Agency as the official documents. No ordinance
related to these documents shall be adopted or enforced based upon modified
1 __._.,do physical changes Without nrinr approval of
Baia reflecting natural or F�•.,-•--• � -
change in the documents by the Federal Emergency Management Agency.
(d) Lands to which the overlay zones sal . The flood hazard overlay zones
shall appyo a an s shown on the Food Hazard Boundary Map as being
located within the 100 year flood plain.
(e)Determination of the location of flood lains and floodwa s. The bounda-
ries of the f oodp ains and Yloodways shal be determined from information
presented on the Flood Boundary and Floodway Map. In the absence of specific
information, boundaries shall be determined by scaling distances on the map.
Where interpretation is needed as to the exact location of the boundaries, the
City Engineer shall make the necessary interpretation. In all cases, the level
of the 100 year flood shall be the governing factor in locating the zone
boundary on any property. Any person contesting the location of the zone
boundary shall be given an opportunity to present his/her case to the Board of
Adjustment for interpretation.
(f) Disclaimer of liabilit . The degree of flood protection required herein
is tons dere reasons a or regulatory purposes and is based on engineering
and scientific methods of study. Larger floods may occur on rare occasions or
flood heights may be increased by man-made or natural causes, such as ice jams
or bridge openings restricted by debris. These regulations do not imply that
areas outside the flood hazard overlay zones will be free from flooding or
flood damages. These regulations shalt not create liability on the part of the
City or any official or employee thereof for any flood damages that result from
reliance on these regulations or any administrative decision lawfully made
hereunder.
(g) Establishment of riooa lain uveria �� _ �•� •- - - - -
Zone. a icy ere y es a s es a 'loo p a n ver ay One an a
year floodVeandy theFlde ignatedZone icfl odway ries are respectively5e as the hownon designated
the Flood
Boundary and Floodway Map. The OFP Zone includes the OR Zone.
(h) PublicPubllc i�sPectio The City maintains for public inspection the following:
1053
72
(1) A Flood Hazard Boundary Map, a Flood Insurance Rate Map, and a Flood
Boundary and Floodway Map.
(2) Certificates of flood proofing (with building permits as applica-
ble).
(3) For all new or substantially improved buildings in the floodplains: '
a. Information on the elevation of the lowest habitable floor
including basement, i
b. A statement whether a building contains a basement, and ; S
c. A statement whether a building has been floodproofed and to what
elevation.
Sec. 36-32. Same - Definitions. '
The '011..,,1-g def -xi--_only
the regulations of the flood hazard verlayezonesrpretation and enforcement of
(a) Area of shallow fl0odin . The land designated AO on the Flood Hazard
Boundary map where no c ear y defined channel exists and the path of flooding
is unpredictable. ;
(b) Area of s ecial flood hazard. The land in the 100 year floodplain
designa a on a oo azar Boundary Map as areas AO and Al -A30.
I
j (c) Base flood/100 year flood. The flood having a one per cent chance of
occurrence in any given year.
(d) Base flood elevation/flood protection elevation The water surface
elevation of the 100 year flood, which is shown on the preliminary revised
Flood Insurance Rate Map (FIRM), assuming only that encroachment on the
floodplain that existed when the preliminary revised Flood Insurance Rate Map
dated May 17, 1984 was adopted. Additional and complete encroachment to the
floodway encroachment lines will cause the water level to surcharge one (1)
foot or less above the flood protection elevation as shown in Table I of the
Flood Insurance Study.
(e) Construction existing. Structures for which a building permit was issued
before the effective date of flood management regulations.
(f) Construction new. Structures for which a building permit was issued on
or of er he a ect ve ate of flood management regulations.
i
i (g) Equal decree of encroachment. A standard applied in determining the !
location of encroac men imm s so that floodplain lands on both sides of a I I
streaiu or river are capable of conveying a proportionate share of floodflows. i
This is determined by considzring the effect of encroachment on the hydraulic
efficiency of the floodplain along both sides of a stream for a significant
reach.
I '
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73
(h) Flood or flooding. A general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of iniand
waters, or the unusual and rapid accumulation or runoff of surface waters from
any source.
(i) Flood Hazard Boundary Map (FHBM). An official map of the City, issued by
the FEMA, where the boundaries of the flood areas having special hazards have
been designated as areas AO and Al -A30.
(j) Flood Insurance Rate Map (FIRM). An official map of the City on which the
FEMA has delineated both the special hazard areas and the risk premium zones
applicable to the City.
(k) Flood mans ement re ulations. Subdivision regulations, building codes,
health regu ations, special purpose ordinances (such as grading or erosion
control ordinances) and other regulations which provide standards for the
purpose of flood damage prevention and reduction.
(1) Flood lain or flood- rove area. Any land area susceptible to being
inundated by water rom any source.
(m) Floodplain management. The operation of an overall program of corrective
and preven�e meas reducing flood damage including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
(n) Floodproofing. Any combination of structural and non-structural addi-
tions, changes, or adjustments to structures which reduce or eliminate flood
damage to real and personal property.
(o) Floodwa . The area located within the Floodway Overlay Zone and described
as the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the 100 year flood without cumulatively
increasing the water surface elevation more than one (1) foot at any point.
(p) Floodway encroachment lines. The lines marking the limits of floodways on
the Flood Boundary and Floodway Map.
(q) Floodway fringe. The land located within the Floodplain Overlay Zone and
described as the land between the Floodway encroachment lines and the maximum
elevation subject to inundation by the 100 year flood as defined herein.
(r) Habitable floor. Any floor usable for living purposes which includes
working, seeping, eating, cooking or recreation, or a combination thereof. A
floor used only for storage purposes is not a habitable floor.
(s) Mean sea level. The average height of the sea for all stages of the tide.
Mean sea eve s a , be used as the elevation datum in Iowa City for purposes
of these regulations.
(t) Mobile home ark or subdivision existin Land divided into two or more
mobile sale lur W11-11 cstruction of facilities
servicing mthe lots e lots oonrwhich rthe mobile homes are to o
be affixed (including, ata
1,453
74
minimum, the installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) commenced before the
effective date of flood management regulations.
(u) Mobile home park or subdivision expansion The preparation of additional
sites by the construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of utilities, either
final site grading or pouring of concrete pads, or the construction of
streets).
(v) Mobile home park or subdivision new. Land divided into two or more
mobile home lots for rent or sale for which the construction of facilities for
servicing the lots on which the mobile homes are to be affixed (including at a
minimum, the installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) commenced on or
after the effective date of flood management regulations adopted by the City.
(w) Reach. A hydraulic engineering term to describe longitudinal segments of
a stream or river. An example of a reach would be the segment of a stream nr
river between two consecutive bridge crossings.
(x) Substantial improvement. Any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the appraised
value of the structure, either (a) before the improvement or repair is started
or (b) if the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition substantial improvement is
considered to occur when the first alteration of any wall, ceiling, floor or
other structural part of the structure commences, whether or not that altera-
tion affects the external dimensions of the structure. The term does not,
however, include either (1) any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code specifica-
tions which are solely necessary to assure safe living conditions or (2) any
alteration of a structure listed on the National Register of Historic Places or
the State Inventory of Historic Places.
(y) Water surface elevation. The height in relation to mean sea level reached
by floods of various magnitudes and frequencies in the floodplains of riverine
areas.
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Sec. 36-33. Same - Floodplain Overlay (OFP) Zone regulations.
The uses and regulations applicable to development in the Floodplain Overlay
Zone are as follows:
(a) Uses permitted. Any use as permitted by the underlying zone shall be
permitte i7n the O Zone upon meeting the conditions and requirements pre-
scribed in this zone.
(b) Requirements.
(1) In areas where water depths in the 100 year flood range between (1)
and three (3) feet, all new construction and substantial improvements
of non-residential and residential buildings shall have the lowest
floor, including basement, elevated above the crown of the nearest
street or above the depth number behind the "AO" designation on the
Flood Insurance Rate Map, whichever is higher. Alternatively,
non-residential buildings, including utility and sanitary facilities,
may be completely flood proofed to the highest level mentioned above.
The walls and basement floor shall be completely waterproofed and
built to withstand lateral and uplift water pressure.
(2) In areas Al -A30, all new construction and substantial improvements of
non-residential and residential buildings shall have the lowest
floor, including basement, elevated to or above the 100 year flood
level as shown on the Flood Insurance Rate Map. Alternatively,
non-residential buildings, including utility and sanitary facilities,
may be completely floodproofed to the level of the 100 year flood as
shown on the Flood Insurance Rate Map. The walls and basement floor
shall be completely waterproofed and built to withstand lateral and
uplift water pressure.
(3) When flood proofing is used for non-residential buildings, a regis-
tered professional engineer or architect shall certify that the flood
proofing methods are adequate to withstand the flood pressures,
velocities, impact and uplift forces, and other factors caused by the
100 year flood. A record of this certification shall be maintained
on file with the building permit by the Building Official. The
elevation to which the building is flood proofed (based on mean sea
level) shall be attached to the certification.
(4) All new individual mobile homes, new mobile home parks, expansions of
mobile home parks, and mobile home parks where the repair, recon-
struction or improvements of the streets, utilities and pads equal or
exceed 50% of their value before the repair, reconstruction or
improvement was started, shall have stands or lots that are elevated
on compacted fill or on pilings so that the lowest floor of the
mobile home will be at or above the 100 year flood level as shown on
the Flood Insurance Rate Map and adequate surface drainage and access
for a hauler are provided. When mobile homes are placed on pilings,
the lot must be large enough to have steps rip to the mobile home. The
pilings must be reinforced if they are more than six (6) feet high
and they must be placed in stable soil on 10 foot centers or less.
140.5-.3
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76
(5) Individual building permits shall be required for the placement of
any mobile home in the floodplain where water depths are one (1) foot
or greater in a 100 year flood.
(6) All mobile homes placed after the effective date of these regulations
in the 100 year floodplain which floods to a depth of one (1) foot or
greater shall be anchored to resist flotation, collapse or lateral
movement by providing over -the -top and frame ties to ground anchors.
There shall be top ties at each corner with one mid -point tie on each
side of mobile homes shorter than 50 feet. Longer mobile homes shall
have two ties at intermediate points on each side.
There shall be frame ties at each corner with four (4) additional
ties on each side of mobile homes shorter than 50 feet. Longer
mobile homes shall have five (5) ties on each side.
All parts of the anchoring system shall have a strength of 4,800
pounds. Additions to mobile homes shall be anchored in the same way.
(7) All mobile home parks shall file an evacuation plan with the Iowa
C4.1�j mute'IcE UCNOf LIIICOL ShOWlag alternative vehicular access and
escape routes.
(8) For all land development proposals, base flood elevation data on the
preliminary plats or plans shall be shown.
(9) The City will review all proposed development in the floodplain to
verify that appropriate permits have been obtained from the Iowa
Department of Water, Air and Waste Management and to ensure compli-
ance with section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 USC 1334.
(10) The City shall:
a. Require permits for all new development including structures and
other activities such as filling, paving and dredging in the OFP
Zone, and shall require building permits according to Chapter 3
of the Uniform Building Code.
Review
it
b buildingalsitesrmwilla be tcations y reasonably safe determine
from flooding. If ea
con-
structionproposed site
in a
band dsubstantials improvements flood-prone
(including the placement
of prefabricated buildings and mobile homes) shall be:
1. designed or modified and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure,
2. constructed with materials and utility equipment iesistant to
flood damage, and
3. constructed by methods and practices that minimize flood
damage.
165-3
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C. Review subdivision proposals and other proposed new developments
to determine whether such proposals will be reasonably safe from
flooding. If a subdivision proposal or other proposed new
development is in a flood -prone area, any such proposals shall be
reviewed to assure that:
1. flood damage within the flood -prone area is minimized to the
extent possible,
2. all public utilities and facilities, such as sewer, gas,
electrical and water systems are located and constructed to
minimize or eliminate flood damage, and
3, adequate drainage is provided to reduce exposure to flood
hazards.
d. Require within flood -prone areas:
1. new and replacement water supply systems designed to minimize
or eliminate infiltration of flood waters into the systems;
2. new and replacement sanitary sewage systems to minimize or
eliminate infiltration of flood waters into the systems and
discharge from the systems into flood waters, and
3, on-site waste disposal systems located to avoid impairment to
them or contamination from them during flooding.
Sec. 36-34. Same - Floodway Overlay (OFW) Zone regulations.
The uses and regulations applicable to development in the Floodway Overlay Zone
are as follows:
(a) Uses permitted. The following uses shall be permitted in the OFW Zone to
the extent that they are otherwise permitted in the underlying zone:
(1) Boat docks, ramps, piers for publicly owned structures.
(2) Dams, provided they are constructed in accordance with regulations of
the Public Works Department, the Iowa Department of Water, Air and
Waste Management, and other Federal and State agencies.
(3) General farming, pasture, outdoor plant nurseries, horticulture,
forestry, wildlife sanctuaries, farm and other similar agricultural,
wildlife and related uses.
(4) Golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, parks, hiking or horseback riding trails, open space and
other similar private and public recreational uses.
(5) Lawns, gardens, play areas, bikeways, pedestrian pathways and other
similar uses.
(6) Parking and loading areas provided they are located no closer than 30
feet to a stream or river bank.
109-3
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78
(7) Streets, overhead utility lines, creek and storm drainage facilities,
sewage or waste treatment plant outlets, water supply intake struc-
tures and other similar public or utility uses.
(b) Uses�ermitted b s ecial exception. The following uses may be permitted
within the QF oine excenc cnac they are otherwise permitted in the
I underlying zone upon approval of a special exception in accordance with the
i standards, procedures and requirements of Sec. 36-91, herein.
(1) Open storage of any material or equipment.
(2) Parking and loading areas located within 30 feet of a stream or river
1
bank.
(3) The reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State.
Inventory of Historic Places.
(c) Uses and structures prohibited.
(1) All fill, encroachments, new construction, any artificial obstruc-
tion, substantial improvements of existing structures or other
development unless a special exception is granted.
(2) Expansion of an existing mobile home park.
(d) Requirements. There shall be no encroachment of fill, new construction,
substantial improvements or any other development that will result in any
increase in the 100 year flood level.
Sec. 36-35. Same - Special exceptions.
Uses listed in the Floodway Overlay Zone requiring approval of a special
exception may be established only after approval by the Board of Adjustment
upon compliance with the following procedures, standards and requirements:
(a) Application. Applications for special exceptions shall be filed with the
Board of Adjustment for review and consideration. The applicant shall submit
to the Board completed forms together with four sets of plans drawn to scale,
showing the nature, location, dimensions and elevations of the lot, existing or
proposed structures, fill, storage of materials, floodproofing measures, and
the relationship of the above to the location of the channel floodway and 100
year flood elevation as shown on the Flood Insurance Rate Map. When special
circumstances necessitate detailed information by the Board for the evaluation
of the effects of the proposed use upon flood flows, the applicant shall
furnish the following additional information as is deemed necessary:
(1) A typical valley cross-section showing the channel of the stream,
elevation of land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the proposed development, and
high water information.
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79
(2) A plan view showing elevations or contours of the ground; pertinent
structures, fill, or storage elevations; size,* location and special
arrangement of all proposed and existing structures on the site;
location and elevations of streets, water supply, sanitary facili-
ties, photographs showing existing land uses and vegetation upstream
and downstream, soil types, and other pertinent information.
(3) A profile showing the slope of the bottom of the channel.
(4) Specifications for building construction and materials, flood -
proofing, filling, dredging, grading, channel improvements, storage
of materials, water supply, and sanitary facilities.
(5) Additional information as may be required.
(b) Standards. The following standards shall apply to special exceptions:
(1) Any fill proposed to be deposited in the floadway must be shown to
have some beneficial purpose and the amount placed shall not be
achieve the urpo. demonstrated on a plan
greater limo necessary w uCu.c,.. p...p.,.e
submitted by the applicant. Any fill or other materials shall' be
protected against erosion by rip rap, a vegetative cover or bulk -
heading.
(2) The storage or processing of materials that are buoyant, flammable,
explosive or could be injurious to human, animal or plant life
during times of flooding is prohibited under all conditions; however,
storage of other materials or equipment may be allowed if not subject
to major damage by floods and if firmly anchored to prevent flotation
or if readily removable from the area within the time available after
flood warning.
(c) Factors. In passing on an application for a special exception, the Board
shall determine the specific flood hazard at the site and shall evaluate the
suitability of the proposed use in relation to the flood hazard. In addition,
the Board shall consider the following factors although not limited to such
factors:
(1) The probability that materials may be swept onto other lands or
downstream to the injury of others.
(2) The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary
conditions.
(3) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage to the individual owner.
(4) The availability of alternative locations not subject to flooding for
the proposed use.
(5) The safety of access to the property in times of flood for ordinary
emergency vehicles.
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80
(6) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
Sec. 36-36. Same - Non -conforming structures.
(a) If any non -conforming structure is destroyed by any means, including
floods, to the extent that the cost of restoration or replacement would equal
or exceed 50 percent of the appraised value of the structure before the
structure was damaged, the following regulations shall apply:
(1) If a non -conforming structure is in the floodway, the structure may
be reconstructed; however, it shall not be expanded, changed,
enlarged or altered in any way which would create an obstruction to
water flow greater than that which existed before damage to the
structure occurred. Upon reconstruction, the structure shall be
adequately and safely flood roofed or elevated to the level of the
100 year flood as shown on the Flood Insurance Rate Map.
(2) If a structure is located in the floodway fringe it may be recon-
structed
provided
it
IS adequately and safely
flood-proofed
or
elevated in conformance with the requirements herein.
(b) If any mobile home or mobile home park is destroyed by any means such that
the cost of restoration would exceed 50% of its appraisal value prior to
damage, then such mobile home or mobile home park shall not be rebuilt or
replaced if it is located in the floodway. If it is located in the floodway
fringe, it shall be rebuilt in conformance with the requirements herein.
Sec. 36-37. Same - Variances.
(a) General requirements for granting of a variance. In all circumstances
variances may only be granted upon a determination that the variance issuance
will not result in increased flood height, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud or victimization of
the public or conflict with any other local laws or ordinances. Variances
shall not, under any condition, be issued within the floodway if any increase
in flood level during the 100 year flood would result.
(b) Insurance rates. The issuance of a variance to construct a building below
theyeaRi r�oo level will result in increased premium rates for flood
insurance coverage because such construction below the level of the 100 year
flood increases risks to life and property. The applicant should contact
his/her insurance agent for further information.
(c) Approval b the Iowa Department of Water Air and Waste Management. All
decis of ns o gran a variance s a e su mi e o e Iowa Department of
Water, Air and Water Management for final approval. The decision to grant a
variance shall not be binding until such approval is granted by the Iowa
Department of Water, Air and Waste Management.
Note: The provisions in Sections 36-30 through 37 are essentially the same as
existed in the Zoning Ordinance prior to the adoption of this Chapter.
Secs. 36-38 - 36-43. Reserved.
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Sec. 36-44. River Corridor Overlay (ORC) Zone - Generally.
(a) Findings, The Iowa River and adjacent land are valuable natural re-
sources, essential elements in local sewer, water and recreational systems, and
serve important biological and ecological functions. The river corridor also
functions as the area's most significant natural amenity which plays an
important role in the ongoing development of adjacent communities. The
prevention and mitigation of irreversible damage to these resources and the
preservation and enhancement of their natural, cultural and historic values is
I. in furtherance of the health, safety and general welfare of the City.
(b) Purpose. The purpose of the River Corridor Overlay Zone is to:
(1) Protect and preserve the Iowa River as a natural drainageway and
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source of ground and surface water;
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(2) Conserve the natural resources of the corridor so that the corridor
retains its value as a significant amenity to the adjacent communi-
ties;
_ ) (3t Provide for compatible land uses;
{ I (4) Ensure orderly development of residential and recreational uses
within the length of the corridor located in the City.
(c) Intent. The intent of the River Corridor Overlay Zone is to:
(1) Ensure responsible development that will result in the least possible
amount of stormwater runoff and erosion along the river corridor;
(2) Ensure responsible development that will not impair either the
public's visual access to the river or the public's view from the
river;
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(3) Encourage the development of a 100 foot vegetative buffer between the
river bank, as defined, and new development;
(4) Encourage the use of natural vegetation or other appropriate means of
erosion control that are in keeping with the intent of this zone;
(5) Encourage the preservation of overstory vegetation for erosion
control and for aesthetic purposes.
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(d) Establishment of River Corridor Zone. The ORC Zone with its attendant
regulations is hereby established as part of this Chapter. The ORC Zone shall
overlay all other zones established within the boundaries as described in
Subsection (e) following.
(e) Zone boundaries. The ORC Zone shall apply to the Iowa River Corridor
which s e neat- on the official zoning map on file in the office of the
City Clerk and shall be available for inspection and copy'.ng.
Sec. 36-45. Same - Definitions.
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The following definitions apply only in the interpretation and enforcement of
the regulations of the River Corridor Overlay Zone:
(a)Floodwav encroachment lines. The lines marking the limits of floodways on
the Flood Boundary and Floodway Map.
(b) Horizontal setback. A horizontal line drawn landward from the floodway '
encroachment line or the river bank, as defined, which is perpendicular to the
floodway encroachment line and/or the river bank.
(c) River bank. Water level line at 6,000 cubic feet per second (cfs) outflow
from t e ora ville dam.
Sec. 36-46. Same - ORC Zone Regulations.
(a) Permitted uses. Uses permitted in the ORC Zone shall be the same as those
otherwise a owed in the underlying zone subject to the requirements of
Subsection (b) of this section. In addition, commercial river recreational
uses shall be permitted in underlying industrial and commercial zones.
(b) Ge0e'ai requirements. All dcS2,u----• stiall.i ��u-t the following require- i
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ments:
(1) Compliance with the Flood Plain Ordinance where applicable; j
(2) A thirty (30) foot horizontal setback from the floodway encroachment
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line or the river bank, as defined; except that any owner/developer
shall be allowed to build a pedestrian and/or bicycle path in the 30
foot setback area; in the event that the floodway encroachment line
and the river bank are not the same, the basis of the setback shall
be at the discretion of the owner/developer;
(3) Land use capability suitable to the type of development proposed, as
determined by evaluation of soils, slope and vegetation, according to
the specified development limitations of soil types published in the
U.S. Department of Agriculture Soil Conservation Service's Soil i
Survey of Johnson County, Iowa, May 1980, or any subsequent amend -
imenl:s ere o;
(4) Stormwater management in conformance with the applicable requirements
of the Iowa City Design Standards for Public Works;
(5) Erosion control in conformance with the applicable requirements of
the Iowa City Design Standards for Public Works. Erosion control may
be accomplishe actor ng o construction measures in Streambank
Erosion Control Methods published by the U.S. Army Corps drn-g-i-
nears, excep at the use of tire mats, wire fences and auto bodies
is prohibited; I
(6) Retention or replacement of vegetation that provides bank stability
in the floodway and/or the setback area;
(7) Screening shall be provided in accordance with Sec. 36-76 (Perform-
ance Standards);
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(8) Signs, except public signs, shall not be located within 100 feet of
j the floodway encroachment line unless located only where they do not
impair visual access to the river and where they cannot be viewed
from the river.
(c) Site plan requirements. No building permit shall be issued until a site
plan has been prepared and approved in accordance with the procedures of
Chapter 27, Article III, Divisions 1 and 2, LSRD and LSNRD's and the general
requirements and special provisions of this zone.
(1) Exemptions. No site plan shall be required for a single-family
dwelling nor for the extension, enlargement, change or alteration
thereof, nor accessory structures thereto. However, upon application
for a building permit, the Building Official shall require such
additional information as necessary to determine compliance with the
regulations of this zone.
i (2) Site plan contents. In addition to standard site plan requirements
of Chapter 27, Article III, the following information shall be
provided on or within the site plan:
a. Contours at two (2) foot intervals and a clear delineation of all
streams, including intermittent streams, water bodies, and
wetlands located on the site. Floodway and Fringe Overlay Zone
boundaries shall also be indicated;
b. Location of the 30 foot setback area;
c. Existing drainage of the stormwater, including the direction,
volume and at what rate stormwater is conveyed from the site; and
the areas of the site where stormwater collects and is gradually
percolated into the ground or slowly released to a tributary
stream or the river;
d. Types and location of the soils of the site, as well as a soil
report containing information on the suitability of the soils for
I the type of development, as published in the U.S. Department of
Agriculture, Soil Conservation Service's SoiL_1urvej of Johnson
Count Iowa, March 1980, or any subsequen amen mens sere o.
TI areas proposed for grading shall be identified by soil type,
both as to soil type of the existing top soil and soil type of
the new contour.
e. Location and amounts of excavated soils to be stored on site
during construction;
f. A description of any features, buildings or areas which are
listed by the Iowa State Division of Historic Preservation;
g. Location, type, size and general description of existing vegeta-
tion, vegetation proposed for removal and proposed landscape
materials which will be added to the site as part of the develop-
ment;
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h. An erosion control and sedimentation plan as required by applica-
ble provisions of the Design Standards for Public Works Improve-
ments of Iowa City.
(d) Special provisions.
(1) If an owner/developer of a residentially zoned parcel, part of which
is located in the ORC Zone, agrees to leave the portion in the ORC
Zone undeveloped, the owner/developer shall be allowed to develop the
in Sec. 36-47the with without applying farcel or a change in onin9ns, as specified
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Sec. 36-47. Planned Development Housing Overlay (OPD -H) Zone.
(a) Preliminary plan. Whenever the owner of a tract of land, composing an
area of not less than two (2) acres, wishes to develop in accordance with the
provisions of this section, there shall be submitted to the City Clerk six (6)
copies of a preliminary plan and application for preliminary approval. The
preliminary plan for the use and development of the tract of land may show
variations from requirements of the particular zone in which the tract of land
is located. The application shall be accompanied by the following:
(1) A location map.
(2) A preliminary plan of the planned development drawn to scale of 1"
100', said plan to show:
a. Contours of five (5) foot intervals or less.
b. Approximate location of all proposed streets.
c. Proposed use of the land (shown by zoning classificatia. tket '-
would be most suitable for building type and population density
in the planned development or in any subarea thereof).
d. Proposed overall population density of the planned development.
e. Proposed general arrangement of the buildings. I.
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f. Location and area of proposed open space areas (either to be held
in common or publicly, whether to be used for active recreation
purposes or as only an environmental amenity).
g. Sketches to indicate the general design of building types and the
overall character of the development.
h. A fee in an amount established by resolution shall be paid at the {
time the preliminary planned development plan, or any combination
of preliminary plans and/or plats, is submitted to the City
Clerk.
(b) Preliminary approval. Procedure for preliminary approval of any planned
development shaT -6e in accordance with the preliminary approval of subdivision
and large scale residential developments.
(c) Final plan. The final plan shall meet all of the requirements of the
preliminary plan and meet the specifications of the subdivision and large scale
residential development regulations where applicable.
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d) Final pian of subarea. After preliminary approval of the entire planned
evelopm— ends given, a -final plan of a segment or subarea within the planned
development may be given if:
(1) The plan of the subarea meets all requirements of a final plan.
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(2) The dwelling unit density within the subarea does not exceed the
dwelling unit density allowable for the least restrictive use for
that area under existing zoning.
(3) It is conclusively shown that the subarea can function as an Inde-
pendent development unit with adequate access, services, utilities,
open space, etc.
(4) The developer dedicates all public rights
the subarea. -of-way necessary to support
(5) A fee in an amount established by resolution shall be paid at the
itime the final planned development, or any combination of preliminary
I and final plats and/or plans, is submitted to the City Clerk.
(e) General requirements.
I (1) Land uses. Combinations of land uses including single family,
multi -family and commercial uses are permitted and variations in
building setbacks and lot area requirements as called for in this
Chapter may be approved for planned developments.
(2j Dwelling unit density. The overall dwelling unit density (total land
area minus street right-of-way area) within the planned development
may be computed on the basis of that permitted for the least restric-
tive use, depending upon the character of the development, which.
would be allowed under the applicable zoning classification(s).
(3) Open space. Planned developments shall take into consideration the
need to provide open space for recreational purposes and to enhance
the general character of the area.
a. In the event the open space land is to be retained under private
ownership, the developer must submit a proposed legally binding
instrument setting forth the procedures to be followed in
maintaining the areas and the means for financing maintenance
costs.
b. All proposed dedications of land for public use including that to
be dedicated for recreational use shall be approved in writing by
appropriate departments of the city prior to approval of the plan
by the Commission. All land dedications for public use shall
conform to the requirements of city ordinances.
(4) Ownership. At the time of final approval of a planned development by
the Commission, the developer must submit evidence of ownership of
the property to be developed or show evidence of legally binding
executed option agreements for purchasing all of the property.
(5) rippublic rightll -of-way.
land
fooublic use including bdedcaedfor recreationaluse
shall be approved in writing by appropriate departments of the city
prior to approval of the plan by the Commission. All land dedica-
tions for public use shall conform to the requirements of city
ordinances.
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(6) Streets. Planned developments shall make provision for continuation
and extension of arterial and collector streets and shall be done in
accordance with current city standards.
(7) Schedule of completion. A developer or sponsor of a planned develop-
ment shall be required to submit a signed statement generally
describing the proposed development and setting forth an intended
time schedule for the completion of various phases.
(f) Report of the Planning and Zoning Commission. Upon completion of review
Of the proposed panne eve opmen a ommission shall prepare a written
report to the City Council to substantiate their stated recommendation. This
report shall deal with the following:
That the variances in setback, lot area requirement, building heights,
building types, sizes of buildings, and the combination of land uses will
be in the public interest, in harmony with the purpose of this Chapter and
other building regulations of the city and will not adversely affect
nearby properties; and that the parking requirements of this Chanter
otherwise prevailing in the zone have not been reduced.
(g) Final approval. After the recommendations of the Commission have been
filed or if the Commission does not report back in 45 days, the Council shall,
before giving final approval to any planned development, hold a public hearing
in relation thereto, giving at least 15 days' notice of the time and place of
such hearing, which notice shall first be published in a newspaper having a
general circulation in Iowa City. After proper approval of the plan, permits
may be issued to carry out the approved plan even though it may not conform in
all respects to other obligations of this Chapter.
(h) Buildin ermits. The final plan or parts thereof as finally approved by
the count s a e filed with the Building Official's office and all building
construction permits shall be issued on the basis of conformance with the pian.
Minor changes in building arrangements that do not substantially alter the
character of the development are allowable. Any other changes, including
changes in street locations, land use and building arrangement.^., shall be
considered as amendments to the approved final plan and must be considered and
acted upon by the Commission and the Council prior to issuing building permits
related to such changes.
In the event commercial uses are approved as a part of a planned development, a
building permit for the commercial uses shall not be issued until a minimum of
25% of the housing units planned for the area (or approved subarea) have been
completed or unless 25% of the housing units planned for the area (or approved
subarea) will be built simultaneously. Separate building permits shall be
obtained by the developers for the construction of housing and commercial uses
where separate buildings are to be used.
Note: The provisions in Section 36-47 are essentially the same as existed in
the Zoning Ord mance prior to the adoption of this Chapter.
Secs. 36-48 - 36-52. Reserved.
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Sec.
36-53. Historic Preservation Overlay (OHP) Zone - General.
(a)
Purpose. The purpose of the OHP Zone is to:
(1)
Promote the educational, cultural, economic and general welfare of
the public through the protection, enhancement, and perpetuation of
districts of historic and cultural significance located in the City
of Iowa City;
(2)
Safeguard the City's historic, aesthetic, and cultural heritage by i
preserving districts of historical, architectural, and cultural
significance;
(3)
Stabilize and improve property values by conservation of historic
properties;
(4)
Foster civic pride in the legacy of beauty and achievements of the !
past; i
(5)
Protect and enhance the City's attractions to tourists and visitors
and the support and stimulus to business thereby provided;
(6)
Strengthen the economy of the City; and i
(7)
Promote the use of districts of historic and cultural significance as
sites for the education, pleasure and welfare of the people of the
City. I
(b)
Descriptions.
An OHP zone is an area that contains abutting pieces of
property
under diverse ownership which:
f
(1)
Are significant to American history, architecture, archaeology and f
culture or Iowa City history, architecture, archaeology and culture.
(2)
Possess integrity of location, design, setting, materials and work-
manship.
(3)
Are associated with events that have made a significant contribution
to the broad patterns of our history, or
(4)
Are associated with the lives of persons significant in our past, or
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(5)
Embody the distinctive characteristics of a type, period, method of
construction; represent the work of a master; possess high artistic
values; represent a significant and distinguishable entity whose
components may lack individual distinction. j
(6)
Have yielded, or may be likely to yield, information important in
pre -history or history.
Sec.
36-54. Procedures for Designation of OHP Zones.
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(a) The Historic Preservation Commission may make a report recommending that
an area be designated an OHP zone. Before any report or recommendation is
submitted to the Planning and Zoning Commission for review, the Historic
Preservation Commission shall hold a public hearing on any proposal to desig-
nate an area as an OHP zone. The Historic Preservation Commission shall give
prior notice of the time, date, place and subject matter of such hearing. Such
notice shall be served by ordinary mail addressed to each property owner of
land included within such proposed OHP zone at his/her last known address. If
the address of any property owner is unknown, such notice shall be served by
ordinary mail addressed to "owner" at the street address of the property in
question. The City Clerk shall file an affidavit of mailing setting forth the
names, addresses, and date of mailing of all property owners notified pursuant
to this section. Such affidavit shall be filed with the City Clerk in the
records of his/her office. After this public hearing the Historic Preservation
Commission shall submit its report to the Planning and Zoning Commission and
shall include a proposed ordinance establishing such OHP zone and describing
the boundary.
A copy of the report shall also be submitted to the Office of Historic Preser-
vation of the Iowa State Historical Department for review and reccB—,,,zndaticns
concerning the proposed area. Comments from the Office of Historic Preserva-
tion regarding the proposed area shall be received by the City prior to the
date of any action taken by the Planning and Zoning Commission which sets forth
recommendations to the City Council on an ordinance establishing the proposed
area as an OHP zone.
(b) Within 60 days of the receipt of the report, of recommendations from the
Historic Preservation Commission and the Office of Historic Preservation of the
Iowa State Historical Department, and of the proposed ordinance, the Planning
and Zoning Commission shall submit its recommendations to the City Council with
respect to the relation of such designation to the comprehensive plan, zoning
ordinance, proposed public improvements and other plans for the renewal of the
area involved. The Planning and Zoning Commission shall recommend approval,
disapproval or modification of the proposed OHP zone. Upon submission of the
report of the Planning and Zoning Commission, or upon the expiration of the 60
day period, the matter shall be transmitted to the City Council. The Historic
Preservation Commission shall be advised of any modifications to the proposed
OHP zone which are recommended by the Planning and Zoning Commission.
(c) If the area of the proposed OHP zone as approved by the Historic Preserva-
tion Commission is altered by the Planning and Zoning Commission, the City
Council shall submit a description of the altered proposed area of historical
significance or the petition describing the area, to the Office of Historic
Preservation of the Iowa State Historical Department for review and recommenda-
tions concerning the proposed area.
(d) The recommendations from the Office of Historic Preservation concerning
the proposed area or altered proposed area shall be received by the City prior
to setting a public hearing conducted by the City Council on an ordinance
establishing an OHP zone. Any recommendations made by the Office of Historic
Preservation shall be made available by the City to the public for viewing
during normal working hours at a city government place of public access.
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Upon receiving the recommendations of the Office of Historic Preservation on
the proposed area and/or altered proposed area, the City Council shall provide
notice of such hearing as provided by taw and conduct a public hearing on the
ordinance establishing an OHP zone. The Council may adopt or reject the
ordinance or may refer the OHP zone designation to the Historic Preservation
Commission for modification. If the Council refers the OHP zone designation to
the Historic Preservation Commission for modification, the procedures described
in subsections (a) through (d) of this section shall be followed, with the
exceptions that, unless substantial modifications are proposed, the public
hearing requirement described in subsection (a) may be waived, and only
property owners affected by the Council's proposed modification shall be
notified by mail of the modification prior to action by the Historic Preserva-
tion Commission.
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DIVISION 3. ADDITIONAL REGULATIONS
Sec. 36-55. Use and requirements.
The following principal uses are listed as provisional uses or special excep-
tions in various zones in this Chapter. These uses are required to meet the
regulations indicated, in addition to the regulations of the zone in which the
uses are allowed, only when this Division is referred to in the requirements
for each use. In case of any conflict between the regulations of the zone in
which the use is allowed as a provisional use or special exception and the
additional regulations of this Division, the most restrictive regulations shall
govern.
(a) Airports, heliports and helistops.
(1) The area shall be sufficient to meet the Federal Aviation Agency's
requirements for the class of airport proposed.
(2) No existing tall structures or natural obstructions outside the
proposed airport, which would protrude above the approach zones
established for the proposed runways or landing strips, shall be
permitted to remain.
(3) Certification shall be obtained from the Federal Aviation Administra-
tion that airport traffic will not interfere with the flight pattern
of the Iowa City Airport or any other nearby airport.
(b) Cemeteries and mausoleums.
(1) Areas. Any new cemetery shall be located on a site containing not
less than 20 acres.
(2) Setback. All structures including but not limited to a mausoleum,
permanent monuments or maintenance building shall be set back not
less than 30 feet from any property line or street right-of-way line
and all graves or burial lots shall be set back not less than 10 feet
from any property line or street right-of-way.
(c) Child care facilities.
The following requirements shall apply when more than six (6) children are to
be cared for for more than two (2) hours at a time.
(1) A fenced outdoor play area of not less than 100 square feet per child
using the area at any given time shall be provided.
(2) No playground equipment shall be permitted in the front or side
yards.
(3) Fenced play areas shall be enclosed or protected, well drained, free
from hazards, and shall be readily accessible to the center.
(4) The center shall be provided with at least 35 square feet of accessi-
ble, usable interior floor space per child, excluding kitchen,
bathrooms, and halls.
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(5) In addition to the requirements above, the facility's operation and
maintenance shall meet all applicable state requirements.
(d) Clubs.
(1) Clubs shall be located with access to arterial streets as identified
on the Comprehensive Plan Map or on street pavements wider than 28
feet.
(2) Dimensional requirements.
a. Minimum lot area: 40,000 square feet.
b. Minimum yards:
1. Front yard - 30 feet
2. Side yard - 30 feet
3. Rear yard - 50 feet
4. Parking - no closer than 20 feet to a side or rear lot line.
c. Building bulk:
1. The maximum permitted floor area ratio shall be 0.3.
2. The maximum permitted building coverage shall be 15%.
(e) Drive-in theaters.
(1) The site shall have direct access to a primary or secondary arterial
street as identified on the Comprehensive Plan Map.
(2) The viewing side of the theater screen shall not be visible from
within 1000 feet of any existing or proposed public street.
(3) Cars parked in the viewing area shall be screened on all sides by a
solid wall or fence not less than six (6) feet in height.
(4) All entrances and exits shall be separated and internal circulation
shall be laid out to provide one-way traffic.
(5) Sale of refreshments shall be limited to patrons of the theater.
(6) No central loudspeakers shall be permitted.
(7) Amusement areas shall be limited to patrons of the theater.
(f) Dwellings, zero lot line and townhouses.
(1) Where the abutting lot has been developed with a principal building
having a setback of more than zero feet but less than 10 feet from
the side lot line in common, the zero lot line dwelling shall be
located so that there is a minimum of 10 feet between unattached
buildings. An easement from the abutting lot owner shall be secured
prior to the issuance of a building permit to ensure that a zero or
10 foot separation is retained.
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Elderly
}busing
Building
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Window Sill
AdJncent
Building
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Elderly
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Window Sill
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(2) No portion of a wall, roof, or appurtenance on the zero side yard
shall project over the lot line. Openings in the wall shall be
prohibited.
(3) Legal provision shall be made for permanent access for the mainte-
nance of the exterior portion of the proposed building wall located
upon the lot line and for other common elements such as aisles. A
permanent ten foot maintenance easement to provide such access shall
be secured prior to issuance of a building permit.
(4) Each end unit of a townhouse shall have one (1) side yard of a
minimum of 10 feet.
(5) Each dwelling unit shall be provided with separate building access
and with separate utility service from the street or rear lot line.
(g) Elderiv housing.
(1) Elderly housing shall be located within 600 feet of a public transit
system with regular routes.
(2) Dimensional requirements:
a. Minimum lot area per unit: 300 square feet.
b. Minimum yards: none.
c. Minimum separation. Two (2) or more separate buildings on the
same lot shall be separated by a minimum horizontal distance
equal to one of the following:
1. The height of the highest building; or
2. Eight (8) feet plus two (2) feet for each additional story
above the second story, provided that no window of a dwelling
unit is located on a side next to an adjacent building below
the height of the adjacent building; or
3. Two (2) times the height of the adjacent building above the
window sill of any window of a dwelling unit located on the
side next to the adjacent building. (See figure below.) The
distance shall in no case be less than eight (8) feet plus
two (2) feet for each story above the second story. The
above conditions 1, 2 or 3 shall apply to a building for
elderly housing and a building on an abutting lot.
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(h) Extraction.
(1) Approval of the withdrawal of water, if required, shall be obtained
from the Iowa Department of Water, Air and Waste Management.
(2) Approval for operation in a floodplain shall be obtained from the
Iowa Department of Water, Air and Waste Management.
(3) A license to operate from the Iowa Department of Soil Conservation
- Division of Mines and Minerals shall be obtained. Failure to
maintain said license shall constitute abandonment.
(4) Extraction shall not occur within 1000 feet of an R zone.
(5) Extraction shall not occur within 100 feet of abutting property or a
street.
(6) Compliance with all other applicable state regulations shall be met.
(i) Funeral homes.
(1) Funeral homes_ shall be located with access to a secondary or primary
arterial street as identified on the Comprehensive Plan Map.
(2) The site shall have a minimum frontage of 120 feet and a minimum lot
area of 40,000 square feet.
(j) Junk yards.
(1) No operation shall be permitted closer than 1000 feet from any
established R zone.
(2) All outdoor storage shall be conducted entirely within an enclosed
fence, wall, or other solid screen except for driveway areas. Such
solid screen shall be constructed on or inside the front, side and
rear lot lines and shall be constructed in such a manner that no
outdoor storage or salvage operations shall be visible from an
adjacent property, street, or highway. Storage, either temporary or
permanent, between such fence or wall and any property line is
expressly prohibited. Junk or salvage materials shall not be piled
higher than the height of the fence, nor against the fence.
(3) For fire protection, an unobstructed firebreak shall be maintained,
15 feet in width and completely surrounding the junk yard.
(4) The storage of rags, paper, and similar combustible waste shall not
be closer than 100 feet to any property line, unless enclosed in a
masonry building of not less than four-hour fire resistive construc-
tion.
(k) Kennals and veterinary establishments. No kennel area or animal yard
shall be located within 40U feet of any dwelling not located on the premises.
(1) Nursing homes.
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(1) Nursing homes shall be located with access to arterial streets as
identified on the Comprehensive Plan Map or on street pavements wider
than 28 feet.
(2) Dimensional requirements:
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ia. Minimum lot area: 600 square feet of lot area per each bed.
b. Minimum yards:
1. Front yard - 40 feet
2. Side yard - 30 feet
3. Rear yard - 25 feet
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- c. The maximum permitted building coverage shall be 40%. I 4•
(m) Religious institutions. i
(1) Religious institutions shall be located with access to arterial k )
1 streets as identified on the Comprehensive Plan Map or on street
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pavements wider than 28 feet. i
(2) Dimensional requirements.
{
j a. Minimum lot area: 40,000 square feet.
b. Minimum yards. Two feet of horizontal distance shall be provided !I
for each foot of building height measured between the nearest
point of any lot line and the nearest point from which the height
is measured.
! (n) Stables. Such structures shall be located at least 1000 feet from any R
zone boun ary.
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ARTICLE III. ACCESSORY USES AND REQUIREMENTS
Sec. 36-56. Permitted accessory uses and buildings.
Accessory uses, buildings or other structures customarily incidental to and
cnmmonly associated with a permitted use, provisional use or special exception
shall be permitted provided they are operated and maintained under the same
ownership, located on the same lot (except as otherwise provided), do not
include structures or structural features inconsistent with the uses to which
they are accessory, and conform to the specific requirements contained herein.
The accessory uses, buildings or other structures permitted in each zone may
include the following:
(a) In the ID Zone.
(1) Communication towers and satellite receiving devices provided their
distance from an R zone is at least equal to the height of the
tower.
(2) Fences as regulated by Sec. 36-64.
(3) Gazebos, enclosed patios and similar buildings for recreational use.
(4) Home occupation.
(5) Off-street parking as regulated by Sec. 36-58.
(6) Private garages.
(7) Private greenhouses or conservatories.
(8) Private recreational uses and facilities including but not limited to
swimming pools and tennis courts.
(9) Roadside stands for the sale of produce grown on the premises
provided that such a stand shall not contain more than 600 square
feet of floor area, the stand is located not less than 20 feet from a
street, and access to the stand is from an entrance to the farm or
residence.
(10) Signs as regulated by Sec. 36-60.
(11) Structures for the shelter of household pets, except kennels.
(b) I_n the RR -1, RS -5, RS -8 and RMH Zones.
(1) Communication towers and satellite receiving devices provided they
shall not be located in the area between the street and principal
building; within the (required) side yard, nor on the roof of any
building.
(2) Fences as regulated by Sec. 36-64.
(3) Gazebos, enclosed patios and similar buildings for passive recrea-
tional use.
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(4) Home occupations provided that no home occupation shall be permitted
in which there is associated therewith:
a. Any commodity sold upon the premises except that which is
produced thereon or is accessory to the home occupation conducted
on the premises.
b. Any disturbance such as noise, vibration, smoke, dust, odor, heat
or glare beyond the confines of the dwelling unit or accessory
building.
c. Any exterior display, exterior storage of materials, signs
(except as otherwise permitted), house calls after 9:00 p.m. or
before 8:00 a.m., or other indication from the exterior that the
dwelling unit or accessory building is being used in part for any
use other than that of a dwelling or accessory building for 3
purely residential purposes.
)
d. Employees other than those residing on the premises,
(5) Horses and ponies and structures for the shelter of horses and
ponies, except commercial stables, shall be permitted in the RR -1 j
zone but not in the RS -5, RS -8 and RMH zones. The minimum lot area
provided shall be two (2) acres for the first horse or pony plus one
(1) acre for each additional horse or pony.
(6) Off-street parking for a use permitted in the zone in which the
off-street parking is located, as regulated by Sec. 36-58.
(7) Private garages.
(8) Private greenhouses or conservatories.
(9) Private recreational uses and facilities including but not limited to I
swimming pools and tennis courts.
(10) Signs as regulated by Sec. 36-60.
(11) Storage building for the storage of wood, lumber, gardening equipment
and other materials and equipment exclusively for the use of the
residents of the premises but not including a storage building for
commercial purposes and provided that only one such building shall be
permitted on a lot. ;
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(12) Structures for the shelter of household pets except kennels.
(c) In the RM -12, RS -12, RNC -20, RM -20 RM -44 and RM -145 Zones. In addition i
to the accessory uses included in subsection (b), storage buildings and
off-street loading shall be permitted.
(d) In the C zones.
(1) For residential uses, the accessory uses included in subsection (c)
shall be permitted.
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(2) For commercial uses there may be any accessory use provided that:
a. Except in the CI -1 Zone, the floor area for storage and warehous-
ing shall not exceed 40 percent of the total floor area.
b. Fences are erected according to Sec. 36-64.
c. Off-street parking and loading are provided according to Sec.
36-58 and Sec. 36-59.
d. Signs are erected according to Sec. 36-60.
e. A communication tower's distance from an R zone shall be at least
equal to the height of the tower.
(e) In the ORP and I zones. There may be any accessory use including but not
limited to printing, publishing, design, development, fabrication,
assemblage, storage and warehousing, and child care facilities provided
that:
(1) Fences are erected according to Sec. 36-64.
(2) Off-street parking and loading are provided according to Sec. 36-58
and Sec. 36-59.
(3) Signs are erected according to Sec. 36-60.
(4) A communication tower's distance from an R zone is at least equal to
the height of the tower.
Sec. 36-57. Accessory use and building regulations.
(a) Detached accessory uses and buildings. In all zones, except as otherwise
provided, detached accessory uses and buildings shall be subject to the
following requirements:
(1) Time of construction. No accessory building shall be constructed
prior to the start of construction of the principal building.
(2) Setback from property lines. Except as otherwise provided, an
accessory building shall be separated from lot lines in compliance
with the following requirements:
a. Accessory buildings, except for roadside stands, shall not be
located in a front yard and garages and carports shall be located
to provide a minimum 20 foot length "aisle' between the building
and the street right-of-way line.
b. In R zones an accessory building shall not be located closer than
five (5) feet to a side lot line or a rear lot line; however, an
accessory building may be located to within three (3) feet of a
side or rear lot line if it is located at least 60 feet from the
street. In an ORP Zone, an accessory building shall not be
1&453
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located in a side or rear yard. An accessory building for a zero
lot line dwelling shall comply with the above requirements and
shall not be located in the required 10 foot side yard.
c. Setback from alley. When a garage or carport is entered directly
from an alley, it shall not be located closer than 10 feet from
the alley right-of-way line.
(3) Setback from principal building. No portion of an accessory building
shall be located closer than six (6) feet to the principal building.
(4) Maximum rear yard coverage. In R zones, accessory buildings shall
not occupy more than 30 percent of the rear yard area.
(5) Maximum height. Accessory buildings and structures shall not exceed
a height of 15 feet in R zones nor the maximum height permitted for a
principal building in other zones.
(b) Attached accessory buildings. Attached accessory buildings shall be
located pursuant to the requirements for principal buildings. Attached garages
and carports shall be located on a lot so that a minimum 20 foot length 'aisle'
between the building and the street right-of-way line is provided.
100
Sec. 36-58. Off-street parking requirements.
When required, off-street parking and stacking spaces, aisles and drives shall
be provided and maintained in compliance with the following requirements:
(a) Required number of off-street parking spaces. In all zones, except in the
CB -10 zone unless specifically required, there shall be provided prior to the
occupation of a building or commencement of a principal use a minimum number of
off-street parking and stacking spaces as follows:
Principal Use Zone Number of Spaces
(1) Residential uses.
a. Family care facility Where permitted Four (4) parking spaces.
b. Hotels and motels 1. Where permitted One and a quarter (1-1/4)
except CB -10 parking spaces for each
guest unit.
2. CB -10 Parking spaces shall be
furnished by providing
spaces within a publicly
owned parking facility
located within 300 feet of
the hotel or motel, as
specified by a written
agreement between the owner
of the hotel and the owner
of the parking facility; or
one and one-quarter (1-1/4)
parking spaces for each
guest unit on the same lot
as the use served or within
300 feet.
c. Mobile and modular RMH Two (2) parking spaces for
homes. each home.
d. Multi -family dwellings 1. Where permitted According to the following
except high- table:
rises in the Parking
RM -145 and CB -2 Floor area spaces per
zones (sq. ft, dwelling unit
up to 800 1.5
800 & over 2.0
2. High-rises in One (1) space for each
the RM -145 and dwelling unit.
CB -2 zones.
e. Multi -family dwellings 1. Where permitted One (1) parking space for
(elderly housing) except CB -2 and each dwelling unit.
CB -10
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2. CB -2
3. CB -10
f.
Rooming houses and
Where
permitted
apartment hotels.
g.
Fraternity/sorority
Where
permitted
houses
h.
Single family dwell-
Where
permitted
Ings, duplexes and
townhouse uniis.
i.
Transient housing.
Where
permitted
(2) Commercial uses.
a. Automobile
laundries
(car washes)
Where permitted
b. Automobile gasoline Where permitted
and service stations.
One (1) parking space for
each two (2) dwelling
units.
One (1) parking space for
each four (4) dwelling
units.
One (1) parking space for
each 200 square feet of
floor area.
One (1) parking space for
each 300 square feet of
floor area.
Two (2) parking spaces for
each dwelling unit.
One-quarter (1/4) parking
space per occupant, based
on the maximum number of
occupants.
Stacking spaces equal in
number to five (5) times
the maximum capacity of the
automobile laundry for each
wash rack (bay or tunnel)
or three (3) times the
maximum capacity for a coin
operated laundry for each
wash rack; in addition, one
(1) parking space for each
two (2) wash racks. Maximum
capacity, in this instance,
shall mean the greatest
number of automobiles
undergoing some phase of
laundering at the same
time.
One (1) parking space for
each island of pumps and i
each service stall plus one
(1) parking space for each
four (4) pumps and service
stall. Parking spaces
shall be provided in lieu
of stacking spaces in
instances where egress from
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a facility would require a
motor vehicle waiting for
entry to be moved.
c.
Automobile repair
Where permitted
One (1) parking space for
garages
each 300 square feet of
floor area.
d.
Banks, savings and
Where permitted
One (1) parking space for
loan institutions,
each 200 square feet of
and credit unions.
floor area. Drive-in
establishments shall, in
addition, provide six (6)
stacking spaces per
external teller or customer
service window designed for
drive-in service but need
not exceed 18 total
spaces.
e.
Funeral homes.
Where permitted
Parking spaces equal in
number to one-half (1/2)
the occupant .load in the
chapel.
f.
Furniture, major
Where permitted
One (1) parking space for
appliance, and floor
each 500 square feet of
covering stores and
floor area.
repair shops.
g.
Grocery stores and
Where permitted
One (1) parking space for
supermarkets.
each 180 square feet of
floor area.
h.
Laundry and dry clean-
Where permitted
One (1) parking space for
ing establishments
each two (2) laundry and/or
(coin operate)
dry clean ii ng machines.
i.
Laundry and dry clean-
Where permitted
One (1) parking space for
ing establishments and
each 300 square feet of
collection stations.
floor area.
J.
Machinery sales.
Where permitted
One (1) parking space for
each 800 square feet of
floor area.
k.
Motor vehicle sales
Where permitted
One (11 arking space for
and rentals.
each 5500 square feet of
floor area.
1.
Offices.
1. Where permitted
One (1) parking space for
except CB -2,
each 200 square feet of
floor area.
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m. Offices -clinics.
n. Personal service
businesses - beauty
parlors, barber shops.
o. Personal service
businesses (other
than listed).
p. Rental agencies -
equipment and supplies
103
2. CB -2
Where permitted
Where permitted
Where permitted
Where permitted
q. Restaurants and estab- Where permitted
lishments dispensing
food or beverage for
consumption on the
premises.
r. Restaurants - drive- Where permitted
in or carry out.
s. Retail stores and Where permitted
shops (other than
listed).
t. Studios and stations - Where permitted
radio and television.
(3) Industrial uses.
a. Contractor and con- Where permitted
struction establish-
ments and yards.
One (1) parking space for
each 300 square feet of
floor area.
Two (2) parking spaces for
each office, examining room
and treatment room pro-
vided; however, there shall
not be less than five (5)
spaces. -
Two (2) parking spaces for
for each barber or beauty
parlor chair. i
One (1) parking space for
each 150 square feet of
floor area. !
One (1) space for each 500
square feet of interior and I 1
exterior storage area for
rental supplies and equip- t t'
ment. !
One (1) parking space for
each 150 square feet of
floor area, or parking
spaces equal in number to ;
one-third (1/3) the
occupant load of the
seating area, whichever is -
less.
One (1) parking space for I j
each 50 square feet of
floor area, but not less
than 5 spaces.
One (1) parking space for
each 200 square feet of
retail floor area.
One (1) parking space for
each 400 square feet of
floor area.
I I
The sum total of parking
spaces shall be determined
on the basis of the parking
spaces required for uses I
individually such as office
area and warehouse space.
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b. Junk yards.
104
Where permitted
c. Laboratories -
Where permittee
research, develop-
ment and testing.
d. Manufacturing or
Where permitte(
establishments engaged
in production, proces-
ing, packing and
crating, cleaning,
servicing or repair of
materials, goods, or
products.
e. Motor and railroad
Where permittec
freight terminals -
cartage, express and
parcel delivery.
f. Printing and publish-
Where permitted
ing establishments.
g. Warehouses. Where permitted
(4) Institutional uses.
a. Civic, cultural Where permitted
and historical
institutions.
The sum total of parking
spaces shall be determined
on the basis of the parking
spaces required for uses
individually such as office
area and garage space.
One (1) space for each 600
square feet of floor area.
One (1) parking space for
each 600 square feet of
area.
One (1) parking space for
each 800 square feet of
floor area.
One (1) parking space for
each 300 square feet of
floor area.
According to the following
table:
Sq. ft.
of gross Number of
floor area parking spaces
up to 25,000 One (1) for each
1000 square feet
to a maximum of
five (5).
25,000 plus Five (5) plus one
(1) additional
for each 5,000
square feet above
25,000 square
feet.
One (1) parking space for
each 800 square feet of
floor area used or intended
to be used by the public.
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b.
Homes - children's Where
permitted
For group care facilities
aged, convalescent,
and children's homes, one
rest and nursing
(1) parking space for each
homes and group care
staff member determined by
facilities.
the maximum number of staff
present at any one time and
one (1) parking space for
every two (2) occupants.
For other uses, one (1)
parking space for each
three (3) beds.
c.
Hospitals, including Where
permitted
One and three-quarters
sanitariums and
(1 3/4) parking spaces I
asylums.
for each hospital bed.
d.
Schools - generalized Where
permitted
Two (2) parking spaces
private instruction,
for each classroom.
elementary and junior
ii iyh nim' $+K ini I U
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private instruction.
e.
Schools - generalized Where
permitted
10 parking spaces for f
private instruction,
each classroom. j -
senior high.
f.
Schools - daycare Where
permitted
One (1) parking space,
center/preschool.
which may be located on a
regularly constructed
aisle, for each six (6)
children.
(5) Places of assembly, worship,
recreation, entertainment
-:
and amusement.
j
a.
Bowling alleys. Where
permitted
.
Four (4) parking spaces for
each alley.
b.
Clubs and lodges. Where
permitted
Parking spaces equal in
number to one-third (1/3)
of the occupant load of the
lodge or meeting room or
the largest room in the
building whichever is j
greater.
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c.
Establishments or enter-
prises of a recreational
or an entertainment nature
,-
(for uses not otherwise
I i
listed):
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106
1. Spectator type - Where permitted
Parking spaces equal in
auditoriums, sports
number to one-fourth (1/4)
arenas, theaters,
the occupant load of the
stadiums, and meet-
seating area.
Ing halls.
2. Participating type Where permitted
Parking spaces equal in
- skating rinks,
number to two-thirds (2/3)
dance halls, tennis
the occupant load of the
courts, swimming
area used for the partici-
pools, archery
patory sport or activity.
ranges, gymnasiums,
pool halls.
d.
Golf course. Where permitted
Three (3) parking spaces
for each green (hole).
e.
Golf driving range. Where permitted
One (1) parking space for
each tee, if provided, or
one (1) parking space for
each 20 feet of range width
(along the tees).
f.
Libraries, museums Where permitted
One (1) parking space for
and art galleries.
each 300 square feet of
floor area.
g.
Religious institu- Where permitted
Parking spaces equal in
tions.
number to one-sixth (1/6)
the occupant load in main
auditorium or the largest
room in the building,
whichever is greater.
(6) Other
uses. For uses not listed, parking spaces shall be provided on the
same basis as required for the most similar
listed use as determined by
the
Building Official.
(b) General rules applicable to off-street parking.
The following rules shall
govern in
the design, location and number of off-street parking and stacking
spaces,
aisles and drives.
(1)
Where a fractional space results, the number of parking and stacking
spaces required is the closest whole number.
(2)
Whenever a use existing prior to the effective date of this Chapter
is enlarged to the extent of less than 50
percent in floor area, the
addition or enlargement shall comply with the parking requirements
set forth herein.
(3)
Whenever a building existing prior to
the effective date of this
Chapter is structurally altered by one
or more additions, the sum
total of which increases the floor area
to the extent of 50 percent
/053
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or more, the uses contained within the original building and all
enlargements shall thereafter comply with the parking requirements
set forth herein.
(4) Whenever a use existing prior to the effective date of this Chapter
is converted to another use, the use shall thereafter comply with the
parking requirements set forth herein. However, a use, for which
there presently is not provided the required number of parking or
stacking spaces, may be converted to another use without full
compliance with the required number of parking or stacking spaces,
provided that:
a. If a greater number of parking or stacking spaces is required for
the converted use than for the present use, the increased number
of parking or stacking spaces shall be provided in addition to
the number of parking spaces that presently exist; and
b. In addition to the spaces required under subparagraph a, or if
subparagraph a is not applicable, as many additional parking or
stacking spaces shall be provided as the physical limitations of
the lot, building or other provisions of this Chapter will
allow.
(5) In the case of mixed uses, the parking and stacking spaces required
shall equal the sum of the requirements of the various uses computed
separately.
(6) The storage of merchandise, materials, equipment, refuse containers,
obsolete or junk vehicles, or the major repair of vehicles is
prohibited in required off-street parking and stacking spaces.
(c) Construction, design and location requirements.
(1) Construction.' All parking and stacking spaces, drives and aisle
shall be constructed of asphalt, concrete or similar permanent dust
free surface.
I (2) Design. Except for single family dwellings (including zero lot line
and townhouse units) and duplexes, parking and stacking spaces,
aisles and drives shall be designated as follows:
j a. Parking areas shall have the minimum dimensions illustrated in
Figure 1 for each of the parking configurations permitted (where
the edges of parking spaces are curved, as on a curved aisle, all
angles shall be measured between the straight edges of the
parking spaces and tangents to the curved edges at their point of
Intersection).
b. Up to one-third (1/3) of the required number of parking spaces
may be eight (8) feet in width by 15 feet in length if the
parking spaces are signed "Compact Vehicles Only."
c. All parking spaces shall be connected to an aisle which shall
have a minimum width as indicated in Figure 1. Aisles designed
for two-way traffic shall have a minimum width of 22 feet.
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108
d. The greatest aisle width shown in Figure 1 shall be provided when
combining different parking space configurations on the same
aisle.
e. Parking spaces shall be designed to permit ingress and egress of
the vehicle without moving any other vehicle occupying a parking
space. For single—family dwellings (including zero lot line and
townhouse units) and duplexes, when located pursuant to the
requirements of this Chapter, one space may be behind another.
f. No parking area shall be designed in such a manner that exiting a
parking area would require backing into a street.
g. If the number of parking spaces required or provided for a use or
a combination of uses on a lot is greater than eight (8) spaces,
none of those spaces may be located in such a manner that would
require backing into an alley.
h. Parking spaces along lot lines and alleys shall be provided with
car stops or curbing so no park of a parked vehicle can extend
beyond the lot line or into the alley. In addition, traffic
islands of pervious or impervious material shall be located so
that parking spaces are separated from drives and alleys in a
manner similar to that illustrated below:
i. All parking spaces, stacking spaces, drives and aisles in parking
areas shall be pitched or curbed and drained to prevent the flow
of excess water from such areas onto streets and alleys which do
not have adequate drainage facilities as determined by the City
Engineer.
J. In all parking areas required by this Chapter, parking spaces
shall be visibly delineated on the surface by painted or marked
stripes.
k. If two or more parking areas or, a lot are connected by a drive,
the parking areas shall be designed so that an aisle connected to
more than 12 parking spaces is not used as a drive in providing
access to another parking area.
(3) Location. Parking spaces, aisles and drives shall be located as
follows:
a. General.
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109
1. Off-street parking and stacking spaces, aisles and drives
shall be located on the same lot as the use served except as
provided in subsection (d).
2. In all R zones, except for zero lot line dwellings, and in
all other zones abutting an R zone, drives and aisles shall
not be located closer than three (3) feet to a lot line or an
R zone boundary unless pitched or curbed and drained to
prevent the flow of water onto adjoining property or unless a
drainage course has been established along lot lines for the
purpose of storm water runoff.
3. Parking areas in a C or I zone shall not be located closer
than five (5) feet to an R zone.
4. Except for single family dwellings (including zero lot line
and townhouse units) and duplexes, no parking space shall be
located closer than five (5) feet to a ground floor doorway
or a window of a dwellina unit.
b. Front yard.
1. Except as provided below, in R zones and in the C and I zones
within 50 feet of an R zone, no parking shall be permitted in
the front yard.
2. For detached single family dwellings in the R zones, one (1)
of the required parking spaces may be provided in the front
yard on a regularly constructed aisle provided that not less
than 50 percent of the front yard area shall remain in open
space free of impervious surface.
3. For zero lot line dwellings, duplexes, and family care
facilities, two (2) of the required parking spaces may be
provided in the front yard on a regularly constructed aisle
provided that not less than 50 percent of the front yard area
shall remain in open space free of impervious surface.
4. In the ORP Zone, only 10 percent of the required number of
parking spaces may be located in the front yard not closer
than 50 feet to a street.
5. Where the paved surface of a street is narrower in width than
28 feet, four (4) of the parking spaces required by Chapter
32 (Subdivision Regulations) may be located in the front yard
on a regularly constructed aisle.
c. Side yard. Except for si.igle and two-family dwellings or where
two lots share the same parking and stacking spaces, drives and
aisles pursuant to subsection (d), no parking spaces, aisles or
drives shall be permitted in that portion of the required side
yard which is contiguous to the principal building on a lot.
d. Rear yard. Parking and stacking spaces, drives and aisles may be
provided in the rear yard.
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(d) Off-street parking located on a separate lot. Where two or more uses
share the same off-street parking and stacking spaces, aisles and drives, an
increase in the number of spaces is required by a conversion or an enlargement
of a use, or when uses arp located in a CB -2 zone, off-street parking and
stacking spaces, aisles and drives may be located on a separate lot from the
use served provided a special exception is granted by the Board of Adjustment
and that the following conditions are met:
(1) Special location plan. A special location plan shall be filed with
the Board by the owners of the entire land area to be included within
the special location plan and shall contain such information deemed
necessary to comply with the requirements herein. Evidence of
ownership shall be provided.
(2) Off-street parking location.
i
a. In R and C zones, the nearest point of the parking area to the
nearest point of the building that the parking area is required j
to serve, shall not be greater than 300 feet.
b. In I and ORP zones, the nearest point of the parking area to the
nearest point of the building that the parking area is required i
to serve, shall not be greater than 600 feet. !
(3) Where off-street parking is used jointly by two (2) or more uses the
number of parking spaces shall be equal to the sum total of
off-street parking space requirements of all such uses.
(4) Up to 50 percent of the parking spaces required for commercial
recreational uses, clubs, schools or restaurants and up to 100
percent for a religious institution may be shared by financial
institutions, offices, retail establishments, repair shops, personal
service establishments and similar uses not normally open, used or
operated during the same hours.
(5) A written agreement properly executed by the owners within the area
of the special location plan assuring the retention of the parking
and stacking spaces, aisles and drives and binding upon their
successors and assigns shall be submitted with the special location
plan as a covenant running with the land.
(6) In instances where a use is within 600 feet of a City -owned parking
area, up to 50 percent of the required number of parking spaces may
be provided in the parking facility. In the instance where an
applicant wishes to provide off-street parking in a City -owned
parking facility, the Board shall substantiate that, with the
addition of the number of cars for a use accommodated in the facil-
ity, the capacity of the parking facility will not be exceeded.
(7) In assessing an application for a special exception, the Board 0all
consider the desirability of the location of off-street parking and
stacking spaces, aisles and drives, on a lot separate from the use
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served in terms of pedestrian and vehicular traffic safety and any
detrimental effects such off -streets parking and stacking spaces,
aisles and drives may have on adjacent property.
(e) ScreeUin rhe uirements. In addition to the applicable requirements for
screening o�3ec.36-76(j), the following screening requirements in connection
with parking areas shall be met:
(1) Where a parking area is provided on a lot within 50 feet of an
abutting lot with a residential use which requires four (4) or fewer
parking spaces, the portion of the parking area within 50 feet of the
abutting lot shall be screened from view within the abutting lot or
at such time as provided in Sec. 36-76(j).
(2) Where a parking area is provided on a lot within 100 feet across the
street from a lot with a residential use which requires four (4) or
fewer parking spaces, the portion of the parking area within 100 feet
shall be screened from view within the lot or at such time as
provided in Sec. 36-76(j).•
(3) The materials for screening and the placement shall comply with the
regulations of Sec. 36-76(j).
(4) The Board of Adjustment may grant a special exception to modify the
screening requirements when a parking area requires screening as
provided in subparagraphs (1) and (2) above, when neither the lot on -
which the parking area is located and the lot abutting or across the
street are zoned RS. The special exception shall be subject to all
the requirements of Section 36-91(g) and may only be granted when the
applicant can demonstrate that modification of screening requirements
would better serve the public interest than would strict compliance
with said requirements. Public interest may include but is not
limited to reasons of public safety or aesthetics. In no case shall
a special exception be granted to modify the screening requirements
for a lot abutting or across the street from a lot in an RS zone.
(f) Off-street parking in the CB -10 Zone. Except as otherwise provided,
off-street parking in the CB -10 zone shall be permitted only after approval of
a special exception by the Board of Adjustment. The Board shall consider the
impact of the proposed parking upon surrounding uses in relation to the
following requirements:
(1) Screening. In addition to the applicable requirements for screening
of subsection (e) herein, where a parking area abuts a street it
shall be separated therefrom by a solid fence, wall, or evergreen
hedge having a height of not less than three (3) feet nor more than
five (5) feet.
(2) Access. Each entrance and exit to the parking area shall be con-
structed so that vehicles entering or leaving the parking area shall
be clearly visible to a pedestrian on any sidewalks at a distance of
not less than 10 feet.
(3) Signs. Appropriate signs, including stop signs posted at the exits
to streets, shall be provided.
/OS.3
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ial vehicle arkino and
because of special characteristics �rics shall comply with orage. In an Rthe n following requires
e certin vehicle
ments:
i
Y (1) Vehicles more than seven (7) feet in height shall not be parked in
the front yard or side yard, except upon a regularly constructed
i aisle for the purposes of loading and unloading.
(2) Commercial vehicles designed for the shipment of detonable materials
or flammable solids, liquids or gases shall not be parked on any lot
in an R zone except for the purpose of making local deliveries.
i (h) Parking for handicapped Daren
accessibility for handicapped persons, at least ns Where a use is required to provide
spaces shall be set aside and identified with signsforuse by handcent of the icapped
i with the most convenientpersons. The spaces shall be a minimum of 12 feet 6 inches wide and located
shall be provided from the parking ccess ospaces to the builds goentranceeded surface
(i) Modification of gLrkinq reauiremant<_. Whcr_ it
I that a
specinc use has such c aracter st cs tat the �numbert�ofeParking orestacking
Illi spaces required is too restrictive, the Board of Adjustment may grant a special
exception to allow not more than a 50 percent reduction, and more for buildings
I placed on the National Register of Historic Places, in the required number of
parking or stacking spaces.
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Sec. 36-59. Off-street loading requirements.
Except in the CB -10 Zone, off-street loading spaces shall be provided and
j maintained in compliance with the following requirements:
(a) Required number of off-street loang spaces. With any retail use,
warehouse, supply house, wholesale dtdistrtbutor, manufacturing establishment,
industrial or research laboratory, or similar use which requires the receipt or
distribution of materials or merchandise by trucks or vans and which has a
I floor area of 10,000 square feet or more, there shall be provided the minimum
number of loading spaces as follows:
Square Feet of Aggregate Minimum Required Number
Gross Floor Area of Spaces
i 10,000 to 20,000 1
20,000 to 40,000 2
40,000 to 80,000 3
80,000 to 120,000 4
120,000 to 160,000 5
For each additional 80,000 1 additional
(b) General rules alicable to off-street loadin . Except as otherwise
provide n this apter, the same rules app cable to off-street parking, Sec.
36-58(b), shall apply to off-street loading.
(c) Design requirements.
(1) All loading spaces shall be constructed of asphalt, concrete or
similar permanent dust free surface.
(2) Loading spaces shall be a minimum of 10 feet in width, 25 feet in
length, and 12 feet in height, exclusive of aisles. When more than
two (2) spaces are required, the spaces other than the first two (2)
shall be not less than 12 feet in width, 72 feet in length, and 14
feet in height.
(3) All loading spaces shall be pitched and drained to prevent the flow
of water from such areas onto streets and alleys which do not have
adequate drainage facilities.
(d) Loading space location.
(1) Except in the CB -2 zone, loading spaces shall be located so that
trucks or vans to be loaded or unloaded do not back onto or out of a
street.
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(2) In R or ORP zones and in the C and I zones within 50 feet of an R or
ORP zone, no loading space shall be located in the front yard.
(3) Loading spaces may be provided within a side or rear yard but shall
not be located closer than five (5) feet to a lot line.
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Sec. 36-60. Sign regulations.
(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, historic and scenic beauty. It is further
intended to reduce distractions and obstructions that may contribute
to traffic accidents, reduce hazards that may be caused by signs
projecting over public rights-of-way, provide for a reasonable
opportunity for all sign users to display signs for identification
without interference from other signage, to provide for fair and
equitable treatment of all sign users, and to establish a reasonable I
period of time for the elimination of nonconforming signs. !,
(b) General rules and applicability.
I
(1) No sign on private property shall be erected or changed in any
manner without compliance with the regulations stated herein.
Routine maintenance shall not be subject to this Chapter. j
(2) These regulations are intended to be exclusionary and any sign
not specifically listed shall be prohibited.
(3) These regulations are structured within the two general catego-
ries of temporary and permanent signs. Temporary signs are
governed by the provisions of Section 36-62(a)(1)f. Permanent
signs may be either 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 quantity or type of
building sign may be erected within this maximum allowance and
according to the specific requirements of the zone in which the
building is located.
The building sign allowance shall relate to the wall on which a
sign is to be placed and shall be determined by calculating a
percentage of the total square footage of the sign wall, as
specified in the zone. In the case of two or more uses or
occupants in a single building, the total building signage on a
wall for all the uses shall not exceed the maximum building sign
allowance for that wall.
I
Free-standing signs, monument signs, or any other signs not
mounted on a building are not included in this maximum building i
sign allowance and are governed by the specific requirements of
the zone.
(5) In any case in which the Code of Iowa is more restrictive than
the regulations contained herein, the Code of Iowa shall be
applied.
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Sec. 36-61. Definitions.
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:
(a)(1) Advertising sign. A sign that displays the type or name of a
product, good or service sold either on or off the premises on
which the sign is located.
(2) Animated sign. Any sign or part of a sign that moves or has in-
termittent lighting.
(3) Awning sign. A building sign placed on the surface of an awning.
(b)(1) Balloon. An inflatable bag filled with gas and displayed in such
a way as to attract attention to the premises on which it is
located.
(2) Banner. A strip of flexible material such as cloth, paper or
Plastic securely fastened on ail corners to a building or a
structure and used to advertise a special event.
(3) Billboard. An off -premises sign on which poster panels or bulle-
tins are mounted. Billboard signs are not free-standing signs or
monument signs.
(4) Building sign. Any sign which is in any way attached to a
building or to an appurtenance of a building.
(c)(1) Canopy sign. A building sign attached to or in any way incorpo-
rated 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.
(2) Changeable copy sign. A sign, such as a reader board, which has
components which are easily changeable by physical and not
electronic methods.
(3) Common sign. A sign which serves two (2) or more uses.
(4) Construction sign. A temporary sign identifying the architects,
engineers, contractors and other individuals involved in the con-
struction of a building and/or announcing the future use of the
building.
(d)(1) Development sign. A monument siyo designating the name of a sub-
division or large scale development.
(2) Directional sign. A sign designed to guide or direct pedestrian
or vehicular traffic and containing no advertising message.
(3) Directory sign. A sign displaying the name of a building,
building complex and/or the occupants.
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(4) Drive-thru restaurant menu sign. A sign displaying a menu or
similar advertising for the purpose of allowing patrons of a
restaurant to order food at a drive-thru facility.
(e)(1) Electronic sign. A sign on which a changing message is displayed
i through the use of an electronically controlled and illuminated
medium. An electronic sign is considered to be an animated sign.
i (f)(1) Facia sign. A single -faced building sign which is parallel to or
at an angle of not more than 45 degrees from the wall of the
building on which it is mounted. Such signs do not extend more
than one (1) foot out from vertical walls nor more than one (1)
foot out at the signs closest point from nonvertical walls.
(2) Filling station signs. Signage which generally appears as an
integral part of the equipment accessory to automotive service
stations and other establishments engaged in the dispensing of
motor vehicle fuel or oil, including but not limited to gasoline
pumps, oil display racks, and portable tire racks.
-.-i (3) Flag, private. A private flag is any flag displaying the name,
insignia, logo or emblem of an individual or a profit-making
entity.
I- (4) Flag, public. A public flag is any flag displaying the name,
insignia, emblem or logo of the United States, the State of Iowa,
the City, or a non-profit organization or institution.
j (5) Free standing sign. A sign which is supported by one or more
up -rights or braces which are firmly and permanently anchored in
or on the ground, and which is not attached to any building or
wall,
ii (g)(1) Grand opening sign. See "Special event sign."
(2) Going -out -of -business sign. A sign announcing a sale resulting
from the termination of a business on the premises.
(h)(1) Hazardous sign. A sign which, because of its construction or
state of disrepair may fall or cause possible injury to pas-
sers-by, as determined by the City; a sign which because of its
location, color, illumination, or animation, interferes with,
obstructs the view of, or is confused with any authorized traffic
sign, signal, or device; or a sign which makes use of the words
"stop," "go slow," "caution," "drive in," "danger," or any other
i word, phrase, symbol, or character in such a way as to interfere
with, mislead, or confuse traffic.
(i)(1) Identification sign. A sign displaying the name, address, crest,
i insignia or trademark, occupation or profession of an occupant of
j a building or the name of any building on the premises.
(2) Illuminated sign. Any sign in which a source of light is used to
make the message readable. An illuminated sign need not be an
electronic sign,
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(3) Institutional sign. A sign which displays the name of a religious
institution, school, library, community center, civic, cultural or
historic institution, nursing home, hospital or similar institu-
tion and the announcement of its services or activities.
(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) Reserved.
(k) Reserved.
(1) Reserved.
(m)(1) Marquee sign. See "Canopy Sign."
(2) Monument sign. A sign which is integral to its base and is firmly
anchored to the ground.
(n)(1) Non -conforming sign. A sign other than a prohibited sign, that
does not comply with the 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 sign. A sign that advertises an activity, business,
product, or service no longer conducted.
(2) Off -premises sign. A sign which directs attention to a use
conducted off the lot on which the sign is located.
(3) On -premises sign. A sign which has the primary purpose of identi-
fying or directing attention to the lot on which the sign is
located.
(p)(1) Painted sign. A sign painted directly on an exterior surface of a
building other than the windows.
(2) Parapet sign. A facia sign erected on a parapet or a parapet
wall.
(3) Permitted sign. A sign which is allowed in the zone in which it
is listed, subject to compliance with the requirements of the sign
regulations.
(4) Portable sign. A sign that is not firmly and permanently anchored
or secured to either a building or the ground and is not expressly
permitted under these regulations as a temporary sign.
(5) Political sign. A temporary sign announcing candidates seeking
public office, a political issue, or a sign containing other
election information, such as "vote today." Political signs shall
not be construed to be off -premises signs.
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(6) other similar pmaterialgnon a intendedrdtor sheet of advertise porerpublastic o
publicize a
product or event.
(7) Prohibited sign. A sign, other than a non -conforming sign, not
permitted by this Chapter.
(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) Provisional sign. A sign which is permitted in a zone under
certain circumstances.
(10) Public art. Any work of art exposed to public view from any
street right-of-way which does not contain any advertising, com-
mercial symbolism such as logos and trade marks, or any represen-
tation of a product.
(11) Public sign. A sign of a non-commercial nature and in the public
interest erected by or upon the order or authorization of the City
nr other public agency. Such signs include but are not limited to
safety signs, zoning signs, memorial plaques, signs for structures
or sites of historical interest and all similar signs.
(q) Reserved.
(r)(1) Real estate sign. A temporary sign which advertises the sale,
rental, or lease of the premises or part of the premises on which
the sign is located, including open house directional signs.
(2) Roof sign. A sign erected upon or above a roof of a building and
affixed to the roof.
(s)(1) pertainingdecoration.
to recognized inationawhich
st tedoes
ornot
localconstitute
holidays sign,
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 or intended to be used to direct
attention to a business, product, service, subject, idea, prem-
ises, or thing. Signs shall not include buildings or landscaping.
The term sign includes, but is not limited to, all reading matter,
letters, numerals, pictorial representations, emblems, trademarks,
inscriptions, and patterns, whether affixed to a building or
separate from a building. Public art, seasonal decorations, and
directional symbols on paved surfaces are not included in this
definition.
which is affixed reading
(3) Sin fac. The material, letters,fnumeraof ls,1epictorialnrepresentations, emblems,
trademarks, inscriptions and/or patterns.
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(4) Sign wall, The wall of a building upon which a sign is mounted
including elements of the wall or any member or group of members
which define the exterior boundaries of the side of the building
on which the sign is mounted, and which has a slope of 45 degrees
or greater with the horizontal plane.
(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.
(6) Spinner. A device shaped in a form similar to a propeller and
designed to rotate in the wind to attract attention to the
premises on which it is located.
(7) Swinging sign. A sign which, because of its design, construction,
suspension or attachment is free to swing or move noticeably
because of pressure from the wind.
(t)(1) Temporary sign. A sign intended for a period,of display of not
more than 30 days which shall be removed upo completion ^f the
activity or project denoted by the sign. Such signs may be
erected in addition to signs otherwise permitted.
(2) Time and temperature sign. An identification sign which shows the
time and/or temperature.
(u)(1) Use. For the purpose of the sign regulations, use shall mean a
principal use as defined in this chapter.
(v) Reserved.
(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. Merchan-
dise or product displays, posters, signs painted on windows and
temporary signs are not included in this definition.
(x) Reserved.
(y)(1) Yard sale sign. A temporary sign advertising a yard sale or a
garage sale.
(z) Reserved.
Sec. 36-62. Permitted signs.
(a) Signs permitted in all zones. The signs listed below shall be
regulated as described below.
(1) Signs not requiring a permit. The following signs may be erected
in addition to the signage permitted in each zone without
obtaining a permit. These signs shall not be applied toward the
maximum sign allowance specified in the zones, except as
otherwise indicated in this subsection.
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a. Construction signs. Non -illuminated construction signs not
to exceed a total of 64 square feet or 32 square feet per
sign face shall be permitted for each lot. Such signs shall
not exceed a 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.
b. Filling station signs.
c. Identification signs not exceeding two (2) square feet in
area.
d. Informational window signs. Window signs displaying informa-
tion about the operation of the business, including but not
limited to days and hours of operation, telephone number and
credit cards or bank cards accepted. Such signs shall not
exceed a maximum area of two (2) square feet.
e. Public flags and one (1) private flag displayed in conjunc-
tion with public flags.
f. Public signs.
g. Real estate signs. One (1) non -illuminated real estate sign
not to exceed eight (8) square feet or four (4) square feet
per sign face in residential zones, or 64 square feet (32
square feet per sign face) in other zones, shall be permit-
ted on each lot. Such signs shall not exceed a 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 or fence. Such signs
shall be removed within 48 hours after the sale of the
property.
h. Temporary signs. The signs listed are temporary signs, the
use of which is limited to a maximum of 30 days, and are
subject only to the regulations listed below:
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 candidate
or issue indicated on the sign and all such signs
shall be removed no later than seven (1) days after
tiie election date.
ii. In other zones, political signs shall conform to the
agglicable regulations for permitted signs in theI.
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2. Posters and other non -permanent signs in windows.
3. Yard sale signs.
(2) Signs requiring a permit. The following signs may be erected
and shall comply with the requirements of Sec. 36-64(b). These
signs shall be applied toward the maximum signage allowance
specified in each zone, except as otherwise indicated in this
subsection.
a. Changeable copy signs. Such signs shall be erected in
accordance with the dimensional requirements of the zone in
which the sign is located.
b. Development signs. One (1) development sign not to exceed a
total of 64 square feet or 32 square feet per sign face
shall be permitted at each street entrance to a subdivision
or large scale development.
c. Directional signs. Such signs shall not exceed a total of
four (4) square feet or two (2) square feet per face in R
zones, or a total of six (6) square feet or three (3) square
feet per face in all other zones.
d. Directory signs.
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 signs shall be non -illu-
minated and not exceed 100 square feet. A going out of
business sign may be displayed for up to 60 days. The sign
permit shall be automatically renewed with the renewal of a
going out of business license so long as the total time
period in which the sign is displayed does not exceed 90
days. The use of going out of business signs is restricted
to one (1) time in a 12 month period for a single business.
Going -out -of -business signs shall not be applied towards the
maximum signage allowance specified in each zone.
g. Institutional signs. One (1) institutional sign, not to
exceed a total of 48 square feet or 24 square feet per sign
face shall be permitted for each institution. No such sign
shall exceed a height of five (5) feet above grade.
h. Integral signs. Such signs existing prior to the adoption
of these regulations shall not be applied toward the maximum
sign allowance of the building to which they are attached.
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
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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 subdivision or development. These
signs shall not be applied toward the maximum signage allow-
ance specified in each zone. Large scale real estate signs
j
shall not be considered off -premises signs.
j. Off -premises signs.
1. Off -premises signs shall not be permitted in residen-
tial, CO -1, CN -1, CB -10 and ORP zones. In the CB -2 zone,
only off -premises facia signs shall be allowed.
Off -premises signs may be billboard signs or any other
type of sign allowed in the zone in which the sign is
located.
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2. Not more than one (1) off -premises sign may be erected
!'
or maintained per lot. Two or more uses may erect a
common off -premises directional sign. No off -premises
! _
sign shall be located closer than 300 feet to another
off -premises sign.
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3. No off -premises sign shall be located within 120 feet of
a residential zone, a public park, public or parochial
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school, religious institution, cemetery, public museum,
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or the administrative or judicial offices of city,
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county, state or federal governments.
4. An off -premises sign shall be permitted in addition to
1
the on -premises signage permitted on a lot. The area of
the off -premises sign shall be deducted from the total
sign area allowed for the same type of on -premises i
signage.
5. Off -premises billboard signs shall not exceed a height
of 25 feet.
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6. Off -premises billboard signs shall be permitted an area .
of 144 square feet or 72 square feet per sign face.
Billboard signs shall not be applied toward the maximum
signage allowance permitted on a lot.
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7. Off -premises signs shall comply with all other sign re-
quirements of the zone in which they are located.
k. Special events signs. One (1) non -illuminated sign not to
exceed 100 square feet is permitted on a lot. The use of a
special events sign is restricted to no more than four (4)
times in a 12 month period and for a single duration of no
more than 30 days. Special events signs may include banners,
j but shall not include any sign prohibited by these regula-
tions, Section 36-62(b) Special events signs shall not be
applied toward the maximum signage allowance specified in
each zone.
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(b) Prohibited signs. The following signs are specifically prohibited in
all zones:
(1) Animated signs, excluding barber pole signs that do not exceed
three (3) feet in height and nine (9) inches in diameter and
excluding time and temperature signs.
(2) Balloons.
(3) Hazardous signs.
(4) Obsolete signs.
(5) Portable signs including signs on wheels, trailers and truck
beds and excluding those temporary signs expressly permitted
herein.
(6) Roof signs.
(7) Search lights.
(8) Spinners or other similar devices.
(9) Swinging signs.
(c) Signs permitted by zone.
(1) ID, R and OPOH zone regulations.
a. Permitted signs.
1. Principal uses other than single family dwellings and
duplexes shall be permitted one identification facia or
monument sign.
2. Nonresidential uses in the ID -ORP zone, other than ORP
uses, shall be required to comply with the sign regula-
tions of the CO -1 and CN -1 zones.
3. Residential uses in the OPDH zone shall be permitted
signage in accordance with the requirements of the un-
derlying zone. Commercial uses approved as part of a
planned development shall comply with the signage
requirements of the CO -1 and CN -1 zones.
4. ORP uses in an ID -ORP zone shall be permitted signage in
accordance with the requirements of the ORP zone.
b. Provisional signs.
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.
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c. Dimensional requirements.
1. Sign: Facia (in ID -RS, RR -1, RS -5, RS -8, RMH and
RS -12).
Maximum Area: 4 sq. ft.
ax—i um (eight: Top of first story.
2. Sign: Facia (in ID -RM, RM -12, RM -20, RNC -20, RM -44 and
RM -145 zones).
Maximum Area: 12 sq. ft.
axtmum e g t: Top of first story.
3. Sign: Monument (in ID -RS, RR -1, RS -5, RS -8, RMH and
RS -12).
Maximum Area: 24 sq. ft., or 12 sq. ft. per sign face.
axtmFl um fietght: Five (5) feet.
4. Sign: Monument (in ID -RM, RM -12, RM -20, RNC -20, RM -44
and RM -145 zones).
Maximum Area: 48 so, ft., or 24 so. ft, per sign fare.
Maximum He ght: Five (5) feet.
(2) CO -1 and CN -1 zone regulations
a. Permitted signs.
1. Signage for residential uses shall comply with the re-
quirements for residential uses in the RM zones (Sec.
36-62(c)(I)c.
2. Facia signs.
3. Canopy signs.
4. Monument signs.
5. Awning signs.
6. Window signs.
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
monument sign shall be permitted. Said sign shall not
exceed the lessor of two (2) square feet per lineal foot
of lot frontage or 100 square feet (50 square feet per
sign face).
2. Barber pole signs provided they do not exceed three (3)
feet in length and nine (9) inches in diameter.
3. Time and temperature signs which do not exceed 50 square
feet in area or 25 square feet per face, do not project
more than six (6) feet into the public right-of-way, and
are not less than 10 feet above grade.
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c. Dimensional requirements.
1. Uses in this zone shall be allowed a maximum building
sign area per sign wall equal to 15% of the sign wall on
it
which the sign is to be mounted,
j2. Individual signage allowances.
a. Si n: Facia.
Max mum Area: 10% of the sign wall area.
Maximum Height; i
one.
b. Sin: Canopy, j
i Maximum Area: Eight (8) square feet.
aximum eig t: Top of first story. j {
c. Sign: Awning, f}
Manx mum Area: 25% of the surface of the awning, i
f, Maximum Height: Top of first story. j
d. Sin: Window.
-
Maximum Area:
ht25% of the area of the window. ;
aximu_-
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e. Sign: Monument.
Maximum Area: Two (2) square feet per foot of lot
TFFn7a—ge-,--n-5t to exceed a total of 100 square feet
or 50 square feet per sign face.
Maximum Height: Five (5) feet.
I I.
(3) CH -1, CC -2 and CI -1 zone regulations.
a. Permitted signs. i
1. Signage for residential uses shall comply with the sign
I.. I requirements for residential uses in the RM zones (Sec. 1
36-62(c)(1)c). ;
2. Facia signs.
3. Only one (1) of the following types of signs:
i. Monument sign.
ii. Free-standing sign.
I. I 4. Canopy signs.
5. Awning signs, i
6. Window signs.
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b. Provisional signs.
I. When two (2) or more uses are located on a lot, a common
monument or free-standing sign may be erected. The
maximum area of the common sign may be 50% larger than
the area of the maximum individual sign allowed.
2. Two free-standing or monument signs are permitted
provided that the distance between the two signs is no
less than 150 feet as measured along the frontage of a
single lot.
3. In the CC-2 zone, barber pole signs are
ted
provided they do not exceed three (3) feet in lengthandnine (9) inches in diameter.
4. 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 y
right-of-way, and are not less than 10 feet above
grade.
c. Dimensional requirements. i
1. Uses in this zone shall be allowed a maximum building
sign area per sign wall equal to 15% of the sign wall on f I,
which the sign is located.
2. Individual signage allowances.
a. S: Facia. I�
MaxicLnimum Area: 10% of the sign wall area. ! 1
Maximum Height: 1(
None.
b. Sign: Monument. !
Maximum Area: Two (2) square feet per lineal foot of
at rontage, not to exceed 100 square feet or 50
sq. ft. per sign face.
Maximum Height: Five (5) feet.
c. Sign: Free-standing.
Maximum Area: Two (2) square feet per lineal foot of
of fl— rontage, not to exceed 250 square feet or 125
square feet per sign face. j
Maximum Height: !
ee25 f t. i
d. Sign: Canopy.
Maximum Area: 12 square feet.
Max mum He ght: Top of first story.
I
e. Sign: Awning.
Maximum Area: 25% of the surface of the awning.
Max mum a ght: Top of first story.
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f. Sign: Window.
Maximum Area: 25% of the area of the window.
ax 'mum
eig t
None.
(4) CB -2 zone regulations.
a. Permitted signs.
1. Signage for residential uses shall comply with the sign
requirements for residential uses in the PM zones (Sec.
36-62(c)(1)c).
2. Facia signs.
3. Only one (1) of the following signs:
(i) Monument sign.
(ii) Free-standing sign.
4. Canopy signs.
5.' Awning signs.
6. Window signs.
b. Provisional signs.
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. When two (2) or more uses are located on a lot, a common
monument sign shall be permitted. The maximum area of
the common sign may be 50 percent larger than the area
of the maximum individual sign allowed.
c. Dimensional requirements.
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 to be located.
2. Individual signage allowances.
a. Si ii: Facia.
Maximum Area: 10% of the sign wall area.
Max mum Me �ht:
onN e:
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f. Sign: Window.
Maximum Area: 25% of the area of the window.
ax 'mum
eig t
None.
(4) CB -2 zone regulations.
a. Permitted signs.
1. Signage for residential uses shall comply with the sign
requirements for residential uses in the PM zones (Sec.
36-62(c)(1)c).
2. Facia signs.
3. Only one (1) of the following signs:
(i) Monument sign.
(ii) Free-standing sign.
4. Canopy signs.
5.' Awning signs.
6. Window signs.
b. Provisional signs.
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. When two (2) or more uses are located on a lot, a common
monument sign shall be permitted. The maximum area of
the common sign may be 50 percent larger than the area
of the maximum individual sign allowed.
c. Dimensional requirements.
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 to be located.
2. Individual signage allowances.
a. Si ii: Facia.
Maximum Area: 10% of the sign wall area.
Max mum Me �ht:
onN e:
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129
b. Sign: Monument.
Maximum Area: Two (2) square feet per lineal foot of
otl Trontage, not to exceed 100 square feet or 50
sq. ft. per sign face.
Maximum Height: Five (5) feet.
C. Si n: Free-standing.
?mum Area: Two (2) square feet per lineal foot of
lot frontage, not to exceed 100 square feet or 50
sq. ft, per sign face.
Maximum Height: 25 feet.
d. Sign: Canopy.
Maximum Area: 12 square feet.
aximum eig t: Top of first story.
e. Sign: Awning.
Maximum Area: 25% of the surface of the awning.
a imum etg t: Top of first story.
f. Sign: Window.
Maximum Area: 25% of the area of the window.
ax mum e_ hit•
Ton -e.
e
(5) CB -10 zone regulations.
a. Permitted signs.
1. Signage for residential uses shall comply with the sign
requirements for residential uses in the RM zones (Sec.
36-62(c)(1)c).
2. Facia signs.
3. Canopy signs.
4. Awning signs.
5. Window signs.
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
monument sign shall be permitted. The area of such sign
shall not exceed a total of 24 square feet or 12 square
feet per sign face.
2. Barber pole signs, provided they do not exceed three (3)
feet in length and nine (9) inches in diameter.
3. 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 ten (10) feet above
grade.
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c. Dimensional requirements.
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.
2. Individual signage allowances.
a. Sinn: Facia.
Maximum Area: 10% of the sign wall area.
a�mA�xium Height•
None.
b. Sign: Canopy.
Maximum Area: 12 square feet.
a mum eio t: Top of first story.
c. Sign: Awning.
Maximum Area: 25a Of the surface of the awning.
ax mum a ght: Top of first story.
d. Sign: Window.
Maximum Area:
ht 25% of the area of the window.
one.
ax muN
(6) I-1, I-2 and ORP zone regulations.
a. Permitted signs.
1. Facia signs.
2. Only one (1) of the following signs:
a. Identification monument sign.
b. Identification free-standing sign.
3. Window signs.
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
monument or free-standing sign may be erected. The
maximum area of the common sign may be 50% larger than
the area of the maximum individual sign allowed.
2. In the I-1 and I-2 zones, two free-standing or monument
signs are permitted provided that the distance between
the two signs is no less than 150 feet as measured along
the frontage of a single lot.
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c. Dimensional requirements,
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 to be located.
2. Individual signage allowances.
a. Sign: Facia.
Maximum Area: 10% of the sign wall area.
Maximum Height;
one.
b. Sign: Monument.
Maximum Area: Two (2) square feet per lineal foot
o at rontage, not to exceed 150 square feet or
125 sq. ft. per sign face.
Maximum Hei ht:
F ve eet.
c. SigT Free-standing.
Maximum Area: One (1) square foot per lineal foot of
Tot T -frontage not to exceed 100 square feet or 50 sq.
ft, per sign face.
Maximum Height: 25 feet.
d. Sign: Window.
Maximum Area: 25% of the area of the window where it
is mount
Maximum Height;
None.
Sec. 36-63. Additional Regulations
(a) Dimensional requirements.
(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 building sign area shall represent the total area of all
building signs added together. The building sign area may be
divided up among any of the building signs permitted in the zone
in which the use is located, provided that each individual sign
does not exceed the maximum size limits established for that
zone. The maximum number of signs and the maximum sign areas,
as provided herein, shall be applied on a per lot basis.
(2) Sign wall area. Where size of a sign is regulated by the sign
wall area, the sign wall area shall be the total area of the
wall on which the sign is to be mounted.
(3) Sign area determination. The area of each sign, regardless of
shape, shall be computed by determining the area of a triangle,
rectangle or circle which completely encloses the outer perime-
ter of the sign face, or which completely encloses the whole
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group of characters or words in the case of a sign composed of
characters or words attached directly to a building or an appur-
tenance to a building. When multiple sign faces are attached to
a single sign support and face the same direction, the faces and
any area between them shall be viewed as one sign face and shall
be measured from the extremities of the sign face.
(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 where a minimum height is established, the minimum
height shall be measured from grade to the lowest point on the
sign.
(5) Minimum sign height. A canopy sign or free-standing sign shall
not be less than ten (10) feet above grade.
(b) Locational requirements.
(1) No billboard, canopy, free-standing or monument sign or sign
support shall be located within a triangular arca at street
intersections, where the triangle is measured from the intersec-
tion of curb lines and its sides are 70 feet in length along
arterial streets, 50 feet in length along collector streets, and
30 feet in length along local streets, except that signs may
project into this area at 10 or more feet above grade.
(2) No part of a billboard, canopy, free-standing or monument sign
or sign support shall be located within five (5) feet of any lot
line except that signs may be closer than five (5) feet at ten
feet or more above grade, provided that no part of the sign or
sign support overhangs any property lines.
(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.
(4) Building signs may be located on any building wall. However, no
single sign wall may be covered by more than 15%.
(c) Requirements for signs adjacent to residential zones.
(1) Signage and area requirements of the CO -1 and CN -1 zones shall
apply to signs which are within 100 feet of a residential zone.
(2) Except for facia signs, no sign shall be located in a required
front yard within 50 feet of a residential zone.
(3) Facia signs located within 50 feet of a residential zone on the
same side of the street shall not be placed on the wall of the
building facing the residential zone.
(d) Requirements for illuminated signs. Illuminated signs shall conform
to the following requirements:
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i
(1) Except for signs in the ID and residential' zones and special
event signs, all permitted signs may be internally or externally
illuminated. Those signs permitted in the ID and residential
zones and special event signs may only be externally illuminated
with white light.
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.
(3) Artificial light sources used to illuminate a sign face shall
not be visible from any street right-of-way.
(4) Illuminated signs shall comply with the provisions of Section
36-64(d).
(e) Construction. All signs except those temporary signs enumerated in
Sec. 36-62(a)(1)(f) shall be designed and constructed to withstand a
wind pressure of not less than 30 pounds per square foot of area and
loads as required by the Building Code.
(f) Maintenance. All signs shall be maintained in such a manner as to
avoid becoming a hazardous sign.
(g) Removal. In accordance with the following procedure, the Building
Official or his/her designee shall be authorized to require the
removal of any illegal or prohibited sign.
(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 notice shall specify that the illegal or prohibited sign
shall be removed or brought into compliance with this section
within a reasonable time of such notice.
(3) If the sign is not removed or repaired, as the case may be,
within the time allowed, the Building Official or his/her
designee is hereby authorized to have the sign removed to be
used as evidence and assess the costs of removal against the
property for collection in the same manner as a property tax.
I
(h)Nonconformin Signs. It is the intent of these regulations that all
noncom orming s gns be eliminated as set forth below.
(1) All signs which are or become non -conforming by adoption of
these regulations shall be permitted to remain as non -conforming
signs.
(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.
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(i) S ecial sin rovisions. The following signs shall be regulated in
accordance with the following criteria:
(1) Signs for nonconforming uses. A nonconforming use shall be
permitted to have the same amount and type of signage as would
be allowed for such use in the most restrictive zone in which
such use is allowed.
(2) Historic signs, signs for historic structures and signs on
structures in historic zones. The Board of Adjustment may, by
special exception, allow signs which do not conform to the
provisions of this Chapter under the circumstances described
below. All applications for special exceptions hereunder shall
be referred to the Historic Preservation Commission for review
and comment and shall be subject to the specific standards
listed below and to the general standards of Section
36-91(g)(2).
a. For buildings registered on the National Register of
Historic Placcs
or in an O"P zone, signage which does not
conform with the provisions of this Chapter may be allowed
if it is in keeping with the architectural character of the
structure, and is appropriate to a particular period in the
building's history or an integral part of its identity.
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) Existing non-public signs located on or over public property.
Such signs shall be regulated in accordance with Chapter 31 of
the Iowa City Code of Ordinances. Any signs on or over the City
Plaza shall be regulated by Chapter 9.1 of the Iowa City Code of
Ordinances.
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Sec. 36-64. License and permit requirements.
(a) License required.
(1) Except for those signs not requiring a permit, as listed in
Section 36-62(a)(1), it shall be unlawful for any person to
t erect, alter, move, improve, remove or convert any sign without
i having a sign erector's license in good standing issued by the
City. A one-time sign erector's license shall be available to a
tenant or owner of a building to permit such person to install
his/her own sign.
(2) The license to erect, alter, move, improve, remove or convert
any sign as required herein shall be known as a sign erector's
license and shall be issued by the City to the person desiring
to perform the work indicated above. No such license shall be
issued to any person 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 Inspec-
tion Services a copy or a certificate of a contractor's public
liability insurance policy with coverage limits of $100,000.00
per person and i300,000.uu per occurrence for bodily injury and
$25,000.00 for property damage liability. The City of Iowa City
shall be designated as an additional insured and the policy
shall provide that the City is to be notified 30 days in advance
of the termination of the policy. The licensee shall indemnify
and save harmless the City from any and all damage, judgment,
cost or expense which the City may incur or suffer by reason of
said license issuance.
(3) A sign erector's license shall be valid for one (1) year from
the date of issuance. A one-time sign erector's license shall
ibe valid for 30 days from the date of issuance. The license
fees are set by resolution of the City Council.
(4) The Building Official or his/her designee shall be responsible
for enforcement of these provisions and shall be empowered to
suspend or revoke a sign erector's license for a violation of
the sign regulations or if the license was obtained by fraud, or
if the licensee allows any person not in his/her employ without
a valid erector's license to do or cause to be done any work
requiring a license.
A person aggrieved by the revocation, suspension or denial of a
license may appeal said action to the Board of Adjustment.
(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.
i
(b) Permit required.
(1) No sign requiring a permit shall be erected, altered, moved,
improved, or converted without first obtaining a sign permit
from the Building Official or his/her designee and making
10.573
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payment of the required permit fee. In addition, all illumi-
nated signs shall be subject to the provisions of the Electrical
Code and the permit fees required thereunder.
(2) A separate permit shall be obtained for each sign.
(3) Only a person holding a valid sign erector's license issued by
the City may obtain a permit to perform work regulated by this
section.
(c) Permit fees. Every applicant, before being issued a sign permit
shad pay to the City such fee as shall be established by resolution
of the City Council. However, any person found to be erecting,
altering, moving, improving, or converting any sign prior to the
issuance of a permit, or who has erected, altered, moved, improved,
or converted a sign prior to the issuance of a permit, shall be
charged double the normal fee. The 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) Permits for iminated signs. The application for a sign permit in
;FT
—h c e ectr calluwiring and connections are to be used shall be
submitted prior to issuance of the sign permit. The Building
Official or his/her designee shall examine the plans and specifica-
tions for all wiring and connections to determine if they comply with
the Electrical Code.
ll
de
on a
(e) form provided by Application
Buildingoofficir a an lor his/her rmit adesign ea andushall
contain and have attached thereto a plot plan with the following
information:
(1) Name, address, telephone number, and sign erector's license
number of the applicant.
(2) Location of the sign and of the building, structure, or lot on
which the sign is to be attached or erected.
(3) Two (2) blueprints or drawings of the plans and specifications
of the sign with dimensions, notation of materials, the type of
construction, and method of attachment to the ground or build-
ing.
(4) Copy of stress sheets and calculations showing the structure is
designed in accordance with the Uniform Building Code.
(5) An application for an electrical permit required for an illumi-
nated sign.
(6) Such other information as may be required.
(f) Permit issued. It shall be the duty of the Building Official or
hls her des gnee, upon the filing of an application for a sign
permit, to examine such application; and if the proposed sign is in
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compliance with the requirements of these regulations and all other
laws and ordinances of the City, the sign permit shall then be
issueed.
(g) Permit ex ti on. If the work authorized under a sign permit has
not een comp eted within six (6) months after date of issuance, said
permit shall become null and void.
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Sec. 36-65. Fence and hedge requirements.
(a) Location and height. Fences and hedges, when located within a front, side
or rear yard or within five (5) feet of a lot line, shall be subject to the
following location and height requirements:
(1) No portion of a fence more than 10 percent solid shall exceed eight
(8) feet in height.
(2) Fences and hedges shall be located so no part thereof is within two
(2) feet of an alley or a street right-of-way line.
(3) At street intersections, no fence or hedge more than two (2) feet in
height above the curb level shall be located within a triangular
area, two (2) of its sides 30 feet in length and measured along the
right-of-way lines from the point of intersection.
(4) In R zones or within 50 feet of a lot with a residential use at
ground level, fences within the front yard shall not exceed four (4)
b` hcinht ems.^.C:: ...
,••.• y
f'"'t in constructed to a height not exceeding
eight (8) feet along primary arterial streets identified in the
Comprehensive Plan.
(b) Enclosures. Except as otherwise provided, fenced enclosures shall be
provided for sw mming pools with a depth of 18 inches or more and for dog runs
and shall be subject to the following requirements:
(1) An outdoor swimming pool, the edge of which is less than four (4)
feet above grade, shall be completely enclosed by a fence not less
than four (4) feet in height. The fence shall be so constructed as
not to allow a five (5) inch diameter sphere to pass through the
fence. A principal or an accessory building may be used as part of
such enclosure.
(2) All gates or doors opening through an enclosure shall be equipped
with a self-closing and self -latching device for keeping the gate or
door securely closed at all times when not in actual use, except that
the door of any building which forms a part of the enclosure need not
be so equipped. The Building Official may permit other protective
devices or structures to be used so long as the degree of protection
afforded by the substitute device or structure is not less than the
protection afforded herein.
(3) Bog runs shall be enclosed by a fence of sufficient height and
construction to contain the dog at all times.
(c) Barbed wire and electric fences. Barbed wire and electric fences shall be
subject to thq fol owing requirements.
(1) Barbed wire shall consist of twisted wires with barbs on each wire a
minimum distance of four (4) inches apart. Concertina wire shall be
prohibited,
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(2) Except for the enclosure of livestock operations, barbed wire fences
shall only be permitted in a C, I or ORP zone, provided that the
bottom strand of barbed wire shall not be less than six (6) feet
above grade.
(3) Except for the enclosure of livestock operations, electric fences
shall not be permitted in any zones.
(4) No electric fence shall carry a charge greater than 25 milliamperes
nor a pulsating current longer than one-tenth (1/10) second in a one
(1) second cycle. All electric fence charges shall carry the seal of
an approved testing laboratory.
(5) Barbed wire and electric fences shall be prohibited within five (5)
feet of a public sidewalk or within four (4) feet of street right-
of-way line where a public sidewalk does not exist. In the latter
case, however, either fence may be erected or constructed along the
right-of-way line if the property owner agrees to move the fence back
the required distance within two (2) months after the installation of
a public sidewalk. Said agreement shall be processed with the
application for a narmit.
(d) Permit required. It shall be unlawful to erect or construct or cause to
be erected or constructed any electric or barbed wire fence or any fence over
six (6) feet in height without obtaining a permit. All applications for fence
permits shall be submitted to the Building Official and shall be accompanied by
a sketch or design of the proposed fence and a plot plan showing the location
of the proposed fence.
NOTE: The provisions in Section 36-64 are essentially the same as existed in
the Zoning Ordinance prior to the adoption of this Chapter.
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ARTICLE IV. GENERAL PROVISIONS
DIVISION 1. DIMENSIONAL REQUIREMENTS
Sec. 36-66. General.
The following dimensional requirements shall be applicable in all zones or in
the zones indicated.
Sec. 36-67. General yard requirements.
(a) In an R zone, lots platted after the adoption of this Chapter and abutting
a primary arterial street, as designated on the Comprehensive Plan Map, shall
have a front yard of 40 feet.
(b) If lots fronting on two (2) or more streets are required to have a front {
yard, a front yard shall be provided along all streets.
(c) Where a frontage is divided among zones with different front yard require-
ments, the deepest front yard shall apply to the entire frontage. Where an ORP
7nne iq influded among the zones, the front and . ui.Cd f - w- Dnn v --- i..
y_• 'q I c LUIIC flecu l
not be considered provided lots within 100 feet of the ORP Zone shall have a
front yard with not less than 20 feet.
(d) Where a lot in a C or I zone abuts an R zones, a yard at least equal to t
the abutting yard required in the R zone shall be provided along the R zone j
boundary line.
(e) Where more than one (1) principal building is permitted on a lot
(1) the required yards shall be maintained around the group of buildings,
and
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(2) except in the RM -145 zone the buildings are separated by a horizontal i
distance that is equal to the height of the highest building. In the
RM -145 zone, high rise buildings shall be separated from other
dwellings by a horizontal distance of eight (8) feet for the first
story plus two (2) feet for each additional story.
(f) There shall be a minimum of six (6) feet between all unattached buildings
on a lot.
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(g) Residential uses, except motels and hotels, located at ground level in a C
zone, shall be provided with the yards required in the RS -5 zone. j !
(h) In all zones, if a side or rear yard is provided where not required, the
side or rear yard shall be at least five (5) feet wide. i
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(i) Parking and stacking spaces, aisles and driveways located in yards shall
be subject to the provisions of Sec. 36-58. i
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Sec. 36-68. Permitted obstructions in yards.
The following obstructions may be located in the required yards specified
subject to the special conditions indicated.
(a) Buildin s accessor . Accessory buildings may be located in any yard
except a
Fog
yar provided they shall comply with the requirements of Sec.
36-57.
(b)Buildin features. Eaves, cornices, marquees, awnings, canopies, belt
courses, sl s, buttresses, or other similar building features which extend
beyond the wall of a building may project into any yard provided that such
projections from a principal building shall not be closer than two (2) feet to
any side lot line. Such projections from an accessory building shall not be
closer than one (1) foot to a rear lot line or a side lot line.
(c) Chimneys. Chimneys may project into any yard not more than two (2) feet.
(d) Dog runs. Dog runs constructed solely for the purpose of confining dogs
for exercising and feeding may be located in any yard, provided that in an R
zona thP_v shall not be located in a front yard or side yard nor closer than 10
feet to a rear lot line.
(e) Fences and hedges. Fences and hedges may be located in any yard subject
to the requirements of Sec. 36-64.
(f) Fire escapes and unenclosed stairways. Fire escapes and unenclosed
stairways may extend into any yard provided they shall not extend into a side
yard more than three and one-half (3-1/2) feet.
(g) Fuel dispensing equipment. In commercial and industrial zones, fuel
dispensing equipment may be located in any yard.
(h) Ornamental features. Light fixtures, flag poles, arbors, trellises,
fountains, sculptures, p ant boxes, plants and trees and other similar ornamen-
tal features may be located in any yard provided that:
(1) At street intersections, no ornamental features more than two (2)
feet in height above the curb level shall be located within a
triangular area two (2) of its sides 30 feet in length and measured
along the rights-of-way lines from the point of intersection, and
(2) Trees planted in the front yard shall comply with the locational
requirements of Sec. 36-73 and the Forestry Ordinance of the City
Code of Ordinances.
(i)Parkin off-street. Except as otherwise provided in Sec. 36-58, open
off-street Parc ng may belocated in any yard.
(j) Porches, balconies, decks and stoops, uncovered. Porches, balconies,
decks and stops w c are uncovere may extend into any yard provided that
such projections shall not exceed into a front yard mere than eight (8) feet.
Stoops may extend into a side yard not more than two (2) feet.
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(k) Signs. Except as otherwise provided in Sec. 36-60, et seq., signs may be
located in any yard.
(1) Swimmin ools and hot tubs. Swimming pools and hot tubs with a depth of
18 ANT or more may a To-- a in any yard, provided that in an R zone they
shall not be located in a front yard and shall not be located closer than 10
feet to a side or rear lot line.
(m) Tel hones coin o erated. In commercial and industrial zones, coin
operate a ep ones may a located in any yard.
(n) Windows. Bay windows and similar projecting windows may extend into any
yard prow ded that in an R zone they shall not extend into the side yard or the
rear yard of a reversed corner lot.
Sec. 36-69. Requirements and exceptions for established setbacks.
(a) Where at least 50 percent of the lots along a frontage are occupied by
buildings that deviate in setback more than five (5) feet from the required
front yard, the minimum front yard for each lot along the frontage shall be
established in the following manner: i
(1) If all the buildings have a setback greater than five (5) feet more
than the required front yard, the front yard shall be equivalent to
the setback of the closest building to the street.
(2) If all the buildings are located more than five (5) feet closer to
the street than the required front yard, the front yard shall be
established five (5) feet closer to the street than the required
front yard.
(3) If (1) or (2) is not the case, the front yard for each lot shall be
determined as follows:
a. Interior and double frontage lots. At the option of the lot
owner, the front yard shall be established as the front yard
required in the zone in which the lot is located or otherwise as
follows:
1. The front yard of a lot shall be established as an average of
the setbacks of the principal buildings on the abutting lots
to each side.
2. Where a principal building is located on an abutting lot on
one side only, the minimum front yard shall be equal to the
setback of the principal building on the abutting lot.
b. Corner lots. The minimum front yard of a corner lot shall be the
front yard required for the zone in which it is located.
(b) A special exception may be granted by the Board of Adjustment for a
modification of yard requirements, when such modification would not be contrary
to the public interest nor contrary to the general purpose and intent of this
Chapter and would meet the conditions of Sec. 36-91.
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Sec. 36-70. Height exceptions.
(a) The following structures or parts thereof shall be exempt from the height
limitations set forth in the zones indicated, provided that an increase in
height shall not conflict with the provisions of the Johnson County/Iowa City
Airport Zoning Ordinance.
(1) In all zones.
a. Chimneys or flues.
b. Church spires.
c. Cupolas, domes, skylights and other similar roof protrusions not
used for the purpose of obtaining habitable floor space.
d. Farm structures including barns, silos, storage bins and similar
structures when associated with a farm.
e. Flag poles.
f. Parapet or fire walls extending not more than three (3) feet
above the limiting height of the building.
g. Poles, towers and other structures necessary for essential
services.
h. Roof structures including elevator bulkheads, stairways, venti-
lating fans, cooling towers and similar necessary mechanical and
electrical appurtenances required to operate and maintain the
building.
I. Television antennas and similar apparatus.
(2) In the C, I and ORP zones.
a. Grain elevators.
b. Radio and television communication towers.
c. Stacks.
d. Storage tanks and water towers.
(b) In all zones, except the ORC Zone, the maximum height in each zone may be
increased, on the condition that for each foot of height increase above the
maximum height limitation there is provided an additional two (2) feet of
front, side and rear yards and that an increase in height shall not conflict
with the provisions of the Johnson County/Iowa City Airport Zoning Ordinance.
Sec. 36-71. Reserved.
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DIVISION 2. TREE REGULATIONS
Sec. 36-12 General.
(a) Purpose. The purpose of these regulations shall be to assure that trees
are planted and/or preserved with the development or redevelopment of buildings
and parking areas for other than single-family uses and with the establishment
or conversion of uses, other than single-family uses, in accordance with the
best ecological concepts, environmental objectives and site planning principles
so the well-being of the residents of the City is protected and enhanced.
struction el reconstruction orNstructural permit
alterat oo shallbe
asbuilding and for the tits
parking area nor shall any use be established or converted nor shall a certifi-
cate of occupancy be granted for a use without conformity with the provisions
of the tree regulations. However, the following shall be exempt from these
regulations:
(1) Property in the CB -10 and ID zones.
(2) Property developed in accordance with the yard requirements of the
zone in such a manner that insufficient area is availahlo to achie;,c
cu pliance with the tree regulations; all trees which can be provided
in compliance with the requirements of this Division shall be pro-
vided.
(3) Any individual lot occupied by a single family dwelling except for
townhouses.
Refer to Chapter 34 of the Iowa City Municipal Code for other regulations
pertaining to vegetation.
(c) Recommended Species of Trees. The varieties of trees permitted by this
ordinance for the use indicated are specified in the 'List of Recommended Trees
for Iowa City" as updated and amended from time to time and available as a
Recom-
mendedent Trees for Iowa Cimade a ty" may the tree he obtained from regulations.
office "List of heReCity
Forester or the Department of Planning and Program Development. Trees not
included on the "List of Recommended Trees for Iowa City" may be used to
fulfill the requirements of this Division upon approval of the City Forester.
insInstallation.
l
installed 'Prior occupancy required
ishall be
or commenementofaeuseby i
Ifthesplantings cannot
be installed prior to occupancy or commencement of a use, the Building Official
may issue a temporary certificate of occupancy accompanied by a letter of
violation and grant a delay of tree installation until the seasonal calendar
dates of June 1 or November 1, whichever occurs first, and the property owner
shall place in an escrow account, established with the City, an amount which
shall cover the anticipated costs of plantings.
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(e) Planting Sizes. The following specifications shall be met at the time of
planting:
(1) Lar a Deciduous Trees. This type of tree shall have a minimum trunk
lame er o inches at a point six (6) inches above ground level,
and demonstrate the growth capabilities,branch formation, and crown
balance that is indigenous to the particular variety. The tree shall
be straight of trunk with the main leader intact.
(2) Small Deciduous Trees. This type of tree shall have a single stem
an a m nimum trunK diameter of 1.5 inches, and demonstrate the
growth capabilities, branching formation and crown balance that is
indigenous to the particular variety. The tree shall be straight of
trunk with the main leader intact.
(3) Coniferous Trees. This type of tree shall have a minimum height of 3
feet measure rom the planted level to the top of the tree. The
needle color and branching habits shall be normal for the species and
the overall appearance shall be indicative of previous care in
pruning and development.
(f) Maintenance. It shall be the responsibility of the owner of a lot to
mainta n an rep ace, if necessary, trees required by these provisions after
their planting; any trees on private property which overhang the public
right-of-way shall be maintained in accordance with the provisions of Chapter
34 of the Iowa City Municipal Code. Maintenance of trees within street rights-
of-way shall be the responsibility of the City.
(g) General Provisions.
(1) The distances required herein fol the location of a tree shall mean
the distance to the center of the tree.
(2) Where fractional numbers of trees result, the number of trees
required shall be rounded to the closest whole number.
(3) Evergreen trees, required for screening purposes in accordance with
the provisions of Sec. 36 -76(j) -Screening and Sec. 36 -58(e) -Off-
street Parking Requirements, may be used to satisfy the requirements
of the tree regulations provided they are of a variety suitable for
screening purposes, as listed in the above supplement, and are
allowed to grow to their mature height.
(4) References to "large" or "small" trees in subsequent paragraphs refer
to the mature height as scheduled in the "List of Recommended Trees
for Iowa City."
(5) Existing trees may be used to comply with the requirements of the
tree regulations.
(h) Site Plan. When provisions of the tree regulations are applicable, a site
("p10 shall be submitted with the request for a building permit and
shall, in addition to the information normally required, include:
(1) the size and location of required planting areas;
(2) the mature height (small or large), location and type (evergreen or
deciduous) of existing and proposed tree plantings; and
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(3) the location of existing trees within the right-of-way.
Sec. 36-73 Requirements.
(a) Trees ad acent to and within street ri hts-of-wa . The following provi-
sions s a regu atthe panting of rees a 3acent to and within street
rights-of-way.
(1) Applicability.
a. Whenever there is a conversion or a new use established, the
requirements of this subsection shall be applicable to the entire
lot.
b. Whenever a principal building(s) is constructed, reconstructed or
structurally altered by one or more additions, the total of which
increases the floor area by more than ten (10) percent, the
requirements of this subsection shall be applicable to the entire
lot,
c. If any provision of this Chapter would preclude the planting of
one or more trees adjacent to the right-of-way, the trees which
cannot be planted adjacent to the right-of-way shall be planted
within the right-of-way according to the provisions of paragraph
(3). However, trees which cannot be planted in conformity with
the provisions of paragraph (3) may be omitted.
d. If the required number of trees exist within the right-of-way,
trees need not be planted adjacent to the right-of-way. Addi-
tional trees required shalt be planted adjacent to the right-
of-way except as provided in subparagraph c above.
(2) Required tree planting adjacent to street rights-of-way. Trees shall
be planted adjacent to street rights-of-way and meet the following
conditions:
a. Large trees shall be planted at a minimum ratio of one tree for
every 40 feet of lot frontage or for small trees, every 30 feet
of lot frontage. In the case of a corner lot, only one (1) tree
for every 60 feet of lot frontage shall be required.
b. Trees shall be planted adjacent to street rights-of-way within
fourteen (14) feet of the right-of-way line for large trees and
within eight (8) feet of the right-of-way line for small trees
but not closer than four (4) feet to a public sidewalk or the
anticipated location of a future public sidewalk where one does
not now exist.
c. Small trees shall not be located closer than eight (8) feet to a
building and large trees shall not be located closer than 14 feet
to a buildino.
d. Large trees shall be spaced no closer than 30 feet apart, or for
small trees, no closer than 16 feet apart, except along streets
where screening is appropriate or required. In the latter case,
147
trees shall be planted in accordance with the provisions of Sec.
36-76(j) and be of a variety suitable for screening purposes as
designated in the "List of Recommended Trees for Iowa City."
e. Trees shall be located within planting areas and separated from
parking areas pursuant to the requirements of paragraph (b)(2).
f. At street intersections, trees shall not be located within 70
feet of the intersection of curb lines along arterial, streets,
within 50 feet along collector streets, or within 30 feet of the
intersection of curb lines along local streets. In cases where
two different types of streets intersect, the location of the
tree shall be determined by the type of street adjacent to the
• proposed tree.
g. Trees shall be placed to avoid interference with the construc-
tion, maintenance and operation of public and private utilities
and services above or below ground as determined by the utility
companies and the City Engineer.
h. Any t- � 'djacent w street rights-cf-wuy shall be m'inituincd In
accordancewiththe applicable provisions of Chapter 34 of the
Iowa City Municipal Code.
(3) Placement of trees within street rights-of-way. Trees shall be
planted within the right-of-way only in those cases in which trees
cannot be planted adjacent to the street right-of-way and shall meet
the following conditions:
a. A tree planting permit shall be obtained from the City Forester.
b. Trees shall not be located within four (4) feet of a public
sidewalk or the anticipated location of a future public sidewalk
where one does not exist. Trees shall not be located within five
(5) feet of the curb. No trees shall be planted in the area
between a curb and a sidewalk where the width of the area is less
than nine (9) feet.
c. At street intersections, trees shall not be located within 70
feet of the intersection of curb lines along arterial streets,
within 50 feet along collector streets, or within 30 feet of the
intersection of curb lines along local streets. In cases where
two different types of streets intersect, the location of the
tree shall be determined by the type of street adjacent to the
proposed tree.
d. At the intersection of a street and an aisle or a drive and at
the intersection of a street and an alley, trees shall not be
lncated within 15 feet of the drive, aisle or the right-of-way
line of the alley.
e. Large trees shall be placed no closer than 30 feet apart or
located closer than 14 'feet to a building. Small trees shall be
located no closer than 16 feet apart but may be located to within
eight (8) feet of a building.
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f. Trees shall be placed to avoid interference with the construc-
tion, maintenance and operation of public and private utilities
and services above or below ground as determined by the utility
companies and the City Engineer.
g. Any tree planted within the street right-of-way shall have a
single trunk, with a minimum of four (4) feet from grade to the
first branch at the time of planting, and shall conform to the
requirements of Chapter 34 of the Iowa City Municipal Code.
(b) Trees on rivate ro ert for parkingareas. The following provisions
s a regu a e e Planting of trees for parking areas an private prop-
erty:
(1) Applicability.
a. New parking areas. Whenever the total number of parking spaces
required or provided on a lot exceeds 18 parking spaces, the re-
quirements of this suhcaction shell be • „--U•
app.......a. ScreC11i0g of
anarkinarea shallc.
36y58(e)-Off-str et ParkingbeRequirements rovided asande may ebe rirdi sed$eto
satisfy the requirements of the tree regulations.
b. Existing parking areas. This subsection shall apply to an
existing parking area under the following conditions:
1. If the number of parking spaces in an existing parking area
is increased to accommodate more than 18 parking spaces, the
parking spaces in excess of 18 shall comply with the require-
ments of this subsection.
2. If an existing parking area which provides more than 18
parking spaces is increased in area, the additional parking
spaces shall comply with the requirements of this subsec-
tion.
3. If an existing parking area does not have a permanent
dust -free surface and is required to be surfaced or altered
in any way, the provisions of this subsection shall apply as
if the parking area had not previously existed.
c. Parking ramps, covered parking areas, and parking areas that are
an integral part of a building shall be exempt from the require-
ments of this subsection.
(2) Required tree planting for parking areas. Trees and planting areas
shall be provided within and abutting the perimeter of parking
area(s) and meet the following conditions:
a. Planting areas shall be located so every parking space or portion
thereof is not more than 40 feet from a small size tree within a
planting area or 60 feet from a large size tree within a planting
area.
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b. Planting areas shall be separated from parking spaces, drives,
and alleys by an unmountable curb or barrier a minimum of five
(5) inches in height. The curb or barrier shall be constructed
in such a manner that saltwater runoff will not damage the tree.
c. Only small trees shall be allowed in small planting areas and
they shall be planted at a ratio of no more than one tree for
each 120 square feet of planting area. Large trees shall be
allowed only in large planting areas and shall be planted at a
ratio of no more than one tree for each 256 square feet of
planting area.
d. Small trees shall be located a minimum of four and a half (4 1/2)
feet from the edge of a planting area and large trees shall be
located a minimum of four and a half (4 1/2) feet from the edge
of a planting area.
e. Trees shall not be located within four (4) feet of a public
sidewalk or the anticipated location of a future public sidewalk
where one does not exist.
(c) Trees on private property for residential uses. The following provisions
shall regulate the planting of trees for residential uses, except for
single-family residences.
(1) Applicability. t
Whenever a building containing a residential use is constructed,
reconstructed, or structurally altered by one or more additions, the
total of which increases the floor area by more than ten (10)
percent, the requirements of paragraph (2) shall be applicable to the -
entire lot.
(2) Required tree planting for residential uses. Trees shall be planted
on a lot with a residential use and meet the following conditions:
a. Trees shall be planted at the minimum ratio of one tree for every
550 square feet of total building coverage of the lot. In lieu
of trees with a minimum diameter of 1.5 inches, deciduous trees
with a minimum trunk diameter of 2.5 inches at a point six (6)
inches above ground may be planted or existing trees with this
dimension may be kept at the discretion of the City Forester, at
a ratio of one tree for every 1000 square feet of total building
coverage of the lot. Where residential uses are combined with
other uses, the building coverage shall be determined on the
basis of the greatest amount of residential floor area of any
floor that is wholly or partially devoted to a residential use. j
Trees planted to fulfill the requirements of Section 36-73(a)
-right-of-way trees, and Section 36-73(b) - parking area trees,
may be used to fulfill the requirements of this subsection.
b. Small trees shall not be located closer than eight (B) feet to a j
building and large trees shall not be located closer than 14 feet
to a building.
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c. Trees shall not be located within four (4) feet of a public
sidewalk or the anticipated location of a future public sidewalk
where one does not exist.
i
d. At street intersections, trees shall not be located within 70
feet of the intersection of curb lines along arterial streets,
within 50 feet along collector streets, or within 30 feet of the
intersection of curb lines along local streets. In cases where i !
two different types of streets intersect, the location of the
tree shall be determined by the type of street adjacent to the
proposed tree.
e. Small trees shall be planted in a minimum planting area of 120 f ,
square feet and located a minimum of four and a half (4 1/2) feet
from the edge of a planting area. Large trees shall be planted {
in a minimum planting area of 256 square feet and located a
minimum of four and a half (4 1/2) feet from the edge of a
planting area.
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Sec. 30/4. RCsCr VCU.
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DIVISION 3. PERFORMANCE REQUIREMENTS
Sec. 36-75. General.
(a) New uses. Any use established in the commercial or industrial zones after
the effective date of this Chapter shall comply with the minimum performance
standards contained in this Division.
(b) Existing uses. Existing commercial and industrial uses which are not in
compliance with the performance standards contained in this Division are exempt
except where a use did not comply with performance standards in effect prior to
the adoption of this Chapter (see Sec. 36-79(b)). Conditions which do not
comply shall not be increased in scope or magnitude. Such uses shall be
permitted to be enlarged or altered provided that the addition or change
conforms with the applicable performance standards.
(c) Certification. When necessary, the Building Official may require of the
applicant cert f cation by a registered professional engineer or other quali-
fied person, at the expense of the applicant, that the performance standards
for a proposed use can be met.
Sec. 36-76. Requirements.
(a) Smoke. The emission of smoke from any operation or activity shall not
exceed a �ensity or equivalent opacity permitted below. For the purpose of
grading the density or equivalent opacity of smoke, the Ringelmann Chart as
published by the United States Bureau of Mines shall be used.
(1) In the C zones and ORP Zone, the emission of smoke darker in shade
than Ringelmann No. 1 from any chimney, stack, vent, opening, or
combustion process beyond lot lines is prohibited.
(2) In the I zones, the emission of smoke darker in shade than Ringelmann
No. 2 from any chimney, stack, vent, opening, or combustion process
beyond zone boundary lines is prohibited except that the emission of
smoke of a shade not to exceed Ringelmann No. 3 is permitted for not
more than three (3) minutes total in any one eight (8) hour period
when starting or cleaning a fire.
(b) Particulate matter. No person shall operate or cause to be operated any
process or furnace or combustion device for the burning of coal, or other
natural or synthetic fuels without using approved equipment, methods or devices
to reduce the quantity of gasborne or airborne solids or fumes emitted into the
open air exceeding a rate permitted below at the temperature of 500 degrees
Fahrenheit. For the purpose of determining the adequacy of such devices, these
conditions shall apply when the percentage of excess air in the stack does not
exceed 50 percent at full load. The foregoing requirement shall be measured by
the A.S.M.E. Test Code for dust -separating apparatus. All other forms of dust,
dirt and fly ash shall be completely eliminated insofar as escape or emission
into the open air is concerned.
(1) In the C zones and ORP Zone the emission of
particulate matter �
suspended in air shall not exceed 0.35 grains (.0023 ounces) per
standard cubic foot (70 degrees F. and 14.7 psia) of air during any
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one-hour period or a total from all vents and stacks of one-half
(I/2) pound per hour per acre of lot area during any one-hour
period.
(2) In the I zones, the emission of particulate matter suspended in air
shall not exceed 0.35 grains (.0023 ounces) per standard cubic foot
(70 degrees F. and 14.7 psia) of air during any one-hour period or a
total from all vents and stacks of three (3) pounds per hour per acre
of lot area during any one-hour period.
(c) Reserved.
i
(d) Toxic matter. The release of airborne toxic matter from any operation or J
activity shall not exceed the fractional quantities permitted below of the
Threshold Limit Values adopted by the American Conference of Governmental
Industrial Hygienists. If a toxic substance is not listed, verification that
the proposed level of toxic matter will be safe and not detrimental to the !,
public health or injurious to plant and animal life will be required. The i
measurement of toxic matter shall be on the average of any 24-hour sampling
period.
i
(1) In the C zones and ORP Zone, the release of airborne toxic matter I
shall not exceed 1/8th of the Threshold Limit Values beyond lot
lines.
(2) In the I zones, the release of airborne toxic matter shall not exceed
1/8th of the Threshold Limit Values beyond zone boundary lines.
(e) Odor. The emission of offensive odorous matter from any operation or
activity shall not exceed the odor threshold concentration defined in the
American Society for Testing and Materials Method 01391-57 "Standard Method for
Measurement of Odor in Atmosphere (Dilution Method)" as the level which will
just evoke a response in the human olfactory system when measured as set forth
below.
(1) In the ID and C zones and ORP Zone, odorous matter shall not exceed
the odor threshold concentration beyond lot lines at ground level or ;
habitable elevation.
(2) In the I zones, odorous matter shall not exceed the odor threshold
concentration beyond zone boundary lines at ground level or habitable
elevation.
i
(f) Vibration. Earthborne vibrations from any operation or activity shall not I i
exceed the displacement values below. Vibration displacements shall be
measured with an instrument capable of simultaneously measuring in three
mutually perpendicular directions. The maximum vector resultant shall be less
than the vibration displacement permitted.
The maximum permitted displacements shall be determined by the following
formula:
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K
0 = f where 0 = displacement in inches
K = a constant given in table below
f = the frequency of the vibration transmitted
through the ground in cycles per second
Constant K by Type of Vibration
Impulsive (at least 1
second rest between Less than 8
Zone and Place pulses which do not pulses per 24 -
of Measurement Continuous exceed 1 second duration) hour period
C Zones and ORP
Zone: at lot 0.003 0.006 0.015
lines
I Zones:
a. at zone 0.030 0.060 0.150
boundary lines
b. at R zone, 0.003 0.006 0.015
recreational
area or school
boundary lines
(g) Glare-. Glare or light from any operation and all lighting for parking
areas ofor the external illumination of buildings or grounds shall be
directed or located in a manner such that direct or indirect illumination from
the source of light shall not exceed one and one-half (1-1/2) footcandles at
lot lines in any R zone or C zone where a residential use is located.
(h) Sewage wastes. The following standards shall apply to sewage wastes at
the po nt of d scharge into the public sewer.
(1) Acidity or alkalinity shall be neutralized within pH range from six
(6.0) to 10.5.
(2) Wastes shall contain no cyanides; no chlorinated solvents in excess
of one-tenth (.1) ppm; no sulphur dioxide or nitrates in excess of 10
ppm; no chromates in excess of 25 ppm; no chlorine demand greater
than 15 ppm; no phenols in excess of five one -hundredths (.05) ppm.
There shall be no more than 25 ppm of petroleum oil, non biodegra-
dable cutting oils or products of mineral oil origin or any combina-
tion thereof. There shall be no oil and grease of animal or vegeta-
ble origin in excess of 300 ppm. No waste listed in this section
shall contain any insoluble substances exceeding a daily average of
500 ppm (if exceeded, the City may apply a cost surcharge) or failing
to pass a No. 8 standard sieve or having a dimension greater than
one-half (1/2) inch.
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(i) Storage.
(1) The open storage of materials and equipment shall not be permitted in
any zone except the I-1 and I-2 Zones provided that the following
requirements are met:
a. Storage of materials and equipment shall be completely screened
from view as required in Subsection (j) below.
b. All combustible material shall be stored in such a way as to
include, where necessary, access drives to permit free access of
fire fighting equipment.
(2) The bulk storage of flammable liquids and chemicals, when stored
either in underground or above -ground tanks, shall occur no closer to
the lot line or any principal building than the distance indicated by
the following table:
Minimum Separation Distance
Water Capacity Underground Above -Ground
Per Container Containers Containers
Less than 125 gals. 10 feet None
125 to 250 gals. 10 feet 10 feet
251 to 500 gals. 10 feet 10 feet
501 to 2,000 gals. 25 feet 25 feet
2,001 to 30,000 gals. 50 feet 50 feet
30,001 to 70,000 gals. 50 feet 75 feet
70,001 to 90,000 gals. 50 feet 100 feet
The distance may be reduced to not less than 10 feet for a single
containers of 1,200 gallons' water capacity or less, provided such a
container is at least 25 feet from any other container of more than
125 gallons' water capacity.
(j) Screening. Where a lot occupied by a commercial or industrial use abuts
or is across a street, highway, alley, or railroad right-of-way from an R or
ORP Zone, a school, or a recreational area including a park, playground or the
Iowa River, screening shall be preserved planted or constructed and maintained
by the owner of the commercial or industrial use in accordance with the
provisions set forth below. In the instance where a lot occupied by a manufac-
tured housing use, located in an RMH Zone, abuts or is across the street from
an RR -1 or RS -5 Zone, screening, in accordance with the provisions set forth
below, shall also be provided by the owner of the manufactured housing use.
(1) Location.
a. Except for a use in the ORP Zone, screening shall be provided
along lot lines or street right-of-way in a manner sufficient to
effectively obscure the commercial or industrial use from view at
around level within the lot lines of an R or ORP Zone, or school,
abutting or located across the street from said commercial or
industrial use.
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b. In an ORP Zone, screening shall be provided in a location and
manner sufficient to effectively obscure all off-street parking
and loading, storage, or other such areas of activity from view
within the lot lines of the R Zone or school.
c. In an MH Zone, screening shall be provided along lot lines or
street right-of-way in a manner sufficient to effectively obscure
the manufactured housing use from view within the lot lines of
residential development in an RR -1 or RS -5 Zone.
d. In all instances where street right-of-way, which acts to
separate the lots on which said uses are located, is one hundred
(100) feet or wider, screening shall not be required. j
(2) Screening materials.
a. A planting screen of pyramidal arbor vitae, the plantings being
at least three (3) feet high when planted and spaced four (4)
feet on center, may be used. Other evergreen varieties may be
used if approved by and spaced according to the City Forester.
The planting bed shall have a minimum dimension of five (5) feet,
be free of any impervious surface, and be separated from streets, i
drives and parking areas by an unmountable curb or barrier in j
such a manner that sand and saltwater runoff will not damage the
screening.
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b. Where a planting screen cannot be expected to thrive because of
intense shade, soil and other conditions, a solid fence of
durable construction, an earthen berm covered with grass or low
shrubs and/or other acceptable materials which provide maximum
visual obscurity to a height of six (6) feet at maturity may be
used if approved by the City Forester.
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(3) Time of installation.
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a. If a lot proposed for a commercial or industrial use is located
adjacent to or opposite an existing residential use or subdivi-
sion in an R Zone, or a school, screening as required herein
shall be installed prior to occupancy or commencement of a use.
The City Forester may grant a delay to the seasonal calendar
dates of June 1 or November 1, whichever comes first. Similarly,
if a lot or space intended for the placement of a manufactured
housing use is located adjacent to, or across the street from an
existing residential development in an RR -1 or RS -5 Zone, the
owner of the manufactured housing use shall provide screening as
described herein. i
b. If "a" above is not the case, screening need not be provided
until within six (6) months after a building permit is issued for i
a residential use or a school in an R zone, a final plat of a
residential subdivision is approved, or a recreational area is
available for use on adjacent or opposite land. j
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(4) Exceptions.
a. Where a proposed or existing commercial or industrial use is or
will be located adjacent to or opposite a City recreational area,
screening may be waived upon the granting of a special exception
from the Board of Adjustment for the following reasons:
1. If adequate existing or proposed landscaping within the
recreational area is or will be provided.
2. If the nature of a use and the building(s) occupied by the
use are not objectionable to the purpose of the recreational
area.
b. Screening may be waived by the Building Official where the view
is or will be blocked by a change in grade or by the natural or
man-made features as determined by the Building official.
(5) Maintenance. The owner shall keep all screening properly maintained,
free of trash and litter and all plant materials pruned in such a
manner as to provide effective visual obscurity from the ground to a
height of at least six (6) feet.
Sec. 36-77. Reserved.
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DIVISION 4. NONCONFORMITIES
Sec. 36-78. Intent.
It is the intent of this Chapter to regulate nonconforming uses and structures
because they have been found to be incompatible with permitted uses and
structures in the zone involved. However, single family uses shall not
generally be treated as nonconforming uses. Nonconforming buildings shall be
regulated to prevent an increase in the degree of nonconformity. The lawful
use of any building or land existing on the effective date of this Chapter may
continue although such use or land does not conform with the provisions of this
Chapter:
Sec. 36-79. General provisions.
(a) Structural alterations. Structural alterations may be made to nonconfor-
ming buildings to meet the minimum requirements of other city codes.
(b) Unlawful use not authorized. Nothing in this Chapter shall be interpreted
as au or H on or the continuance of the use of a structure or land estab-
lished unlawfully in violation of the zoning regulations 1r, effect prior to the
enactment of this Chapter.
(c) Sin le famil dwe111n s treated as conforming. Notwithstanding any other
provis on o s ap er, a s ng a ami y use, a single family dwelling and
accessory structures, or a lot on which a single family dwelling is located,
that was conforming prior to the effective date of this Chapter, shall gener-
ally be treated as conforming for as long as the dwelling is used for a single
family use. Accordingly, the following rights shall be granted under this
Chapter:
(1) Structures for a nonconforming single family use may be restored for
a single family use if destroyed or damaged by fire, explosion, act
of God, or by a public enemy; reconstructed; expanded; repaired; and
structurally altered, provided all other requirements of this Chapter
are met.
(2) Nonconforming single family dwellings or nonconforming accessory
structures to a single family use may be restored to the same degree
of nonconformity or less if destroyed or damaged by fire, explosion,
act of God, or by a public enemy; repaired; and structurally altered,
provided such construction does not increase or extend the degree of
nonconformity. Nonconforming structures shall not be reconstructed
except in compliance with the provisions of this Chapter.
(3) A nonconforming single family use and a nonconforming single family
dwelling and accessory structures on a nonconforming lot shall be
granted the same rights as above and any other rights as if the lot
were conforming.
(4) A nonconforming single family use and a nonconforming single family
dwelling and accessory structures shall also be granted the same
rights as for other nonconforming uses and structures.
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Sec. 36-80. Nonconforming uses.
Except as otherwise provided in this Chapter, nonconforming uses and structures
for nonconforming uses shall be regulated as follows:
(a) No nonconforming use shall be enlarged nor shall a structure for a
nonconforming use be constructed, reconstructed, structurally altered, or
relocated on the lot.
(b) A nonconforming use may be converted only to a conforming use. Once a use
is converted to a conforming use, it shall not be converted back to a noncon-
forming use.
(c) Any structure for a nonconforming use, which has been destroyed or damaged
by fire, explosion, act of God, or by a public enemy to the extent of less than
100% of the structure's assessed value, may be restored for the same nonconfor-
minguse as existed before such damage. However, the nonconforming use shall
not be enlarged to more than existed before such damage. j
(d) A lot or portion of a lot, on which is located a structure for a noncon-
forring use that has been destroyed or damaged by fire, explosion, act of God, j
or by a public enemy to the extent of 100% 6r more of the structure's assessed j
value, shall revert to a conforming use. I
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(e) A lot or portion of a lot devoted to a nonconforming use, which is
discontinued for a period of one (1) year, shall revert to a conforming use.
(f) A nonconforming use shall be permitted to have the same amount and type of
signage as would be allowed for such use in the most restrictive zone in which
such nonconforming use is allowed.
Sec. 36-81. Nonconforming structures.
Nonconforming structures shall be regulated as follows:
(a) Any nonconforming structure, which has been destroyed or damaged by fire,
explosion, act of God, or by a public enemy to the extent of less than 100% of
1 the structure's assessed value, may be restored to the same degree of non-
conformity or less.
(b) Except for buildings in an Historic Preservation Overlay Zone, a noncon-
forming structure, which has been destroyed or damaged by fire, explosion, act
of God, or by a public enemy to the extent of 100% or more of the structure's
assessed value, shall not be restored except in compliance with the provisions
of this Chapter. A nonconforming building in an Historic Preservation Overlay
Zone may be placed upon its original foundation or the site of the original
foundation regardless of the extent of damage provided that it is reconstructed
as near as possible to the original exterior design.
(c) Any nonconforming structure containing a conforming use may be converted
to another conforming use, provided there shall not result an increase in the I.
degree of nonconformity of the structure. I
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(d) A nonconforming structure may be structurally altered, provided it is
structurally altered in a way which will not increase or extend its noncon-
formity or in a way which will reduce its nonconformity.
(e) Any nonconforming structure which is relocated on the same lot shall
thereafter conform to the provisions of this Chapter.
Sec. 36-82. Nonconforming lots.
Development of nonconforming lots shall be regulated as follows:
(a) Any use or structure for a use permitted in the zone in which the lot is
located may be established or erected, provided the use or structure meets all
other requirements of this Chapter. However, no use nor structure for a use,
either one of which requires more lot area than presently exists, shall be
permitted.
(b) All existing conforming or nonconforming uses and structures shall be
treated as if such uses and structures were established on a conforming lot.
However, no use nor structure for a use, either one of which requires more lot
area than presently exists and the structure of which has been destroyed or
damaged by fire, explosion, act of God, or by a public enemy to the extent of
100% or more of the structure's assessed value, shall be restored except in
compliance with the provisions of this Chapter.
(c) If two or more abutting lots or portions thereof become in single owner-
ship, the land involved shall be deemed a single parcel for the purposes of
this Chapter and no portion of said parcel shall be sold or used in a manner
which diminishes compliance with lot frontage, width and area requirements.
Sec. 36-83. Reserved.
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DIVISION 5. IMPLEMENTATION
Sec. 36-84. Enforcement.
(a) It shall be the duty of the City Manager or his/her designee to enforce
this chapter. It shall also be the duty of all officers and employees of the
City and especially all members of the Police Department to assist the City
Manager or his/her designee by reporting to him/her any new construction,
reconstruction, land uses, or other seeming violations.
(b) Appeals from a decision of the City Manager or his/her designee in
enforcing this chapter may be made to the Board of Adjustment as provided in
Section 36-91.
Sec. 36-85. Construction prior to Chapter.
Nothing in this Chapter shall require any change in plans, construction or �•
designated use of a structure for which a building permit has lawfully been
issued prior to the effective date of this Chapter.
Sec. 36-86. Building and occupancy certificates.
i
No building or construction may be undertaken in the city until a building
permit has been issued by the City Manager or his/her designee for such F,
building or construction.
No change in the use or occupancy of land, nor any change of use or occupancy
in an existing building, other than for single-family dwelling purposes, shall
be made, nor shall any new building be occupied until a certificate of occu-
pancy has been issued by the City Manager or his/her designee. If a building
permit has not been issued prior to the adoption of this Chapter, every cer-
tificate of occupancy shall state that the new occupancy complies with all
provisions of this Chapter. No permit for excavation for, or the erection or
alteration of, anybuilding shall be issued before the application has been
made for a certificate of occupancy and compliance, and no building or premises
shall be occupied until such certificate and permit is issued. A record of all
certificates of occupancy shall be kept on file in the office of the City
Manager or his/her designee.
A certificate of occupancy may be obtained for nonconforming uses. Application
for certificate of occupancy for nonconforming uses shall be accompanied by
affidavits of proof that such nonconforming use was not established in viola-
tion of the zoning ordinance after July 26, 1962, and before the adoption of _
this Chapter.
Sec. 36-87. Rules and construction for boundaries of zones. t
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(a) Where uncertainty exists with respect to the boundaries of various zones i
as shown on the zoning map accompanying and made a part of this Chapter, the
following rules apply:
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(1) The boundaries of the zones are the centerlines of either streets or
alleys unless otherwise shown, and where the zones designated on the
map accompanying and made a part of this Chapter are bounded approxi-
mately by street or alley lines, the centerlines of such street or
alley shall be construed to be the boundary of the zone.
(2) Where the boundaries of the zone are not otherwise indicated, and
where the property has been or may hereafter be divided into blocks
and lots, the boundaries of the zone shall be construed to be the lot
lines and where the zones designated on the zoning map accompanying
and made a part of this Chapter are bounded approximately by lot
lines, the lot lines shall be construed to be the boundaries of the
zones unless the boundaries are otherwise indicated on the map.
(3) In separate tracts not subdivided and in unsubdivided property, the
zoning boundary lines on the map accompanying and made a part of this
Chapter shall be determined by use of the scale appearing on the
map.
(b) In interpreting and applying the provisions of this Chapter, such provi-
sions shall be held to be the minimum requirements for the promotion of the
public safety, health, convenience, comfort, morals, prosperity and general
welfare. It is not intended by this Chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties, except that
if this Chapter imposes a greater restriction this Chapter shall control.
Sec. 36-88. Amendment of ordinance.
(a) The City Council may from time to time, on its own motion or on petition,
amend, supplement, change, modify or repeal by ordinance the boundaries of
zones, or regulations, or restrictions herein established. Any proposed
amendment, supplement, change, modification or repeal shall first be submitted
to the Commission for its recommendations and report. If the Commission makes
no report within 45 days, it shall be considered to have made a report approv-
ing the proposed amendment, supplement, modification or change. After the
recommendation and report of the Commission have been filed, the Council shall
before enacting any proposed amendment, supplement, change, modification or
repeal, hold a public hearing in relation thereto, giving notice of the time
and place of the hearing, which notice shall be published in a newspaper having
a general circulation in the City of Iowa City at least seven, but not more
than 20 days before the public hearing. In no case shall the public hearing be
held earlier than the next regularly scheduled Council meeting following the
published notice. The Council may set such public hearing either before or
after it submits the proposed amendment, supplement, change, modification or
repeal to the Commission for its recommendation, or during the period while the
Commission is considering such matter.
(b) If a protest against such proposal, amendment, supplement, change,
modification or repeal shall be presented in writing to the City Clerk, duly
signed and acknowledged by the owners of 20 percent or more of the area of the
lots included in the proposed change or repeal; or by the owners of 20 percent
or more of the property which is located within 200 feet of the exterior
boundaries of the property for which the change or repeal is proposed, such
••MEMMEMME...
162
amendment, supplement, change, modification or repeal shall require the
favorable vote of three-fourths (3/4) of the members of the Council for
passage.
(c) Before any action shall be taken as provided in this section, the party or
parties proposing or recommending a change in the district or zone regulation
or district or zone boundaries shall deposit with the City Clerk such filing
fee, if any, as the Council may from time to time establish by resolution for
petitions for rezoning.
(d) No building permit for the erection of any building or structure or
license or permit for the conduct of any use shall be issued for a period of 60
days after the City Council of Iowa City has set a public hearing on the
question of amending the Zoning Ordinance and map so as to rezone an area, if
the building or use contemplated by the request permit would not be permitted
in that area under the proposed zoning classification. Provided, that if final
action by the City Council is not taken on the question within 60 days of the
time the matter is set for public hearing, the permit or license shall issue.
If within the 60 day period the City Council shall enact an ordinance amending
the 7nninn Ord•:.n.a ; the +-a_
� , sic prv'i ,�iun5 Gi Said Zoning Ordinance d5 amended shall
thereafter be in effect. If within the 60 day period the City Council shall
vote on said question and it shall not receive a sufficient number of votes for
passage, the suspension period shall be terminated and permits shall be issued
upon current zoning regulations.
(e) If a permit for a building or structure has been issued for a particular
area but no substantial part of the construction has been commenced at the
time, if the City Council shall set a public hearing on the question of
amending the Zoning Ordinance and map so as to rezone the area of the permit
which rezoning would prohibit the building or use contemplated by the permit,
the permit shall stand suspended and all construction and other action shall be
suspended for a period of 60 days after the setting of the public hearing.
Provided, however, that if final action by the City Council is not taken on the
question within 60 days, construction may be commenced. If within the 60 day
period the City Council shall enact an ordinance amending the Zoning Ordinance,
the provisions of the Zoning Ordinance as amended shall be in effect and if
said provisions prohibit the building, structure or use contemplated by the
suspended permit, said permit shall stand automatically revoked and terminated.
If the City Council shall vote on said question and it shall not receive a
sufficient number of votes for passage, the suspension period shall be termi-
nated and construction may be commenced under the permit. The suspension of
work under the provisions of this Ordinance may not be invoked and is not
applicable if previously said permit has been suspended under the provisions of
this Chapter.
(f) No property or area within the City shall be subject to the suspension
Provisions of this Chapter unless 12 months shall have expired after a previous
suspension period, said 12 month period to commence with the final day of the
60 day suspension period provided for in this Chapter.
(g) The Planning and Zoning Commission may recommend to the City Council
amendments, supplements, changes, or modifications to this Chapter or to the
boundaries of zones or to the zoning of particular tracts. If the Commission
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initiates a recommendation to the Council, said recommendation need not be
submitted to the Commission for its report but may be set for public hearing
forthwith.
Sec. 36-89. Violations.
(a) The owner or manager of a building or premises in or upon which a viola-
tion of any provision of this Chapter has been committed or shall exist, or the
lessee or tenant of an entire building or entire premises in or upon which
violation has been committed or shall exist, or the agent, architect, building
contractor or any other person who commits, takes part or assists in any
violation or who maintains any building or premises in or upon which such
violation shall exist, or who violates, disobeys, omits, neglects, or refuses
to comply with or who resists the enforcement of any of the provisions of this
Chapter, shall be subject upon conviction, to imprisonment not to exceed thirty
days, or a fine not exceeding $100.00. Each day that a violation is permitted
to exist after proper notice shall constitute a separate offense.
(b) In case any building or structure is erected, constructed, reconstructed,
altered, repaired. converted or maintained, or' any building, structure or land
is used in violation of this Chapter, the appropriate authorities of the City
of Iowa City, in addition to other remedies, may institute injunction, mandamus
or other appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance or use, or to
correct or abate such violations, or to prevent the occupancy of said building, i.
structure or land.
Sec. 36-90. Annexation.
(a) Voluntary annexation: All applications for voluntary annexation of land
to the City of Iowa City shall, in addition to the necessary requirements for
annexation, designate the zoning classification which the applicant wishes for
his property. Upon receipt thereof, the application shall be referred to the
Planning and Zoning Commission for recommendations on both the annexation and
the requested zoning. The Planning and Zoning Commission shall have the same
time periods for its consideration as in any rezoning matter. The Commission
may recommend approval of the requested zoning or the denial thereof. In the
event the Commission recommends denial, it shall make an additional recommenda-
tion as to what zoning classification it recommends. A copy of its report
shall be forwarded to the applicant and shall be on the agenda for the next
meeting of the City Council. The Council shall set the zoning matter for
Public Hearing, prescribing the same notice requirements as for a rezoning
application and shall specify the zoning classification recommended by the
Commission. If the Council approves the zoning classification recommended by
the Commission, it shall be set by ordinance. A zoning classification other
than that recommended by the Commission shall not become effective except by i
the favorable vote of three-fourths of the members of the Council; and an ap-
plication for voluntary annexation not recommended by the Planning and Zoning
Commission shall not become effective unless approved by a favorable vote of
three-fourths of the members of the Council. The resolution providing for
annexation shall be acted upon by the City Council at the time the Council
takes action on the zoning classification.
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In the event an applicant does not designate a zoning classification in the
application for voluntary annexation, no Public Hearing shall be required and
the property may be annexed and shall be classified in the I0 zone and shall be
subject to all provisions of the Zoning Ordinance.
(b) Involuntary annexation: Whenever, after Public Hearing thereon, the City
Council shall determine that involuntary annexation proceedings should be
undertaken against the lands to be annexed, the matter shall be referred to the
Planning and Zoning Commission for its recommendation as to the zoning of said
lands. Upon receipt of said recommendation, the City Council shall set the
zoning classification for a Public Hearing, prescribing the same notice
requirements as for rezoning application and specifying the zoning classifica-
tion(s) recommended by the Commission. If the Council approves the zoning
classification(s) recommended by the Commission, it shall adopt an ordinance
setting forth the various zoning classifications for said lands. The Council
may approve a higher or more restrictive classification for all or any part of
the lands to be annexed than recommended by the Planning and Zoning Commission.
However, prior to approval of any lower or less restrictive classification, the
Council must send the matter back to the Commission for its recommendation on i
the lower classification(s). In the event the matter is returned to the i
Commission subsequent to the YUbI1C Hearing, a new PUUI iL new uny so -1, Dc
thereon after the Commission forwards its report and recommendation to the i
Council. If the Commission recommends against the lower classification, it
shall not become effective except by a favorable vote of three-fourths (3/4) of
the members of the Council.
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DIVISION 6. APPEALS
Sec. 36-91. Board of Adjustment.
(a) Establishment. The. Board of Adjustment heretofore established shall
continue. The Board shall consist of five members each to be appointed by the
Mayor with the consent of the City Council for a term of five years. Members
shall be residents of Iowa City and shall serve without compensation. Members
shall be removable for cause by the City Council upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of any member
whose position becomes vacant. No member shall be appointed to succeed
himself/herself; provided, however, that a member originally appointed to fill
an unex fired term with one (1) year or less remaining may be reappointed for
one full five year term.
(b) Organization. Meetings of the Board shall be held at least once a month
when applications are pending before the Board. The Board shall adopt rules to
establish the time and place of meetings, the procedure for the selection of a
chairperson and vice -chairperson, who shall act as chairperson when the
chairperson is absent or abstaining, and such other procedural rules as are
necessary to implement the provisions hereof. Copies of all rules shall be
kept on file in the office of the Board's Secretary and in the office of the
City Clerk. The chairperson, or in his/her absence, the acting chairperson,
may administer oaths or compel the attendance of witnesses.
(c) Seccrrettau. The Director of the City's Department of Planning and Program
Development shall designate one member of his/her staff to serve as Secretary
of the Board. The Secretary, who shall not be a member of the Board, shall be
responsible for maintaining the Office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and
for maintaining minutes and other records of the Board's proceedings.
(d) Vote rhe uir�ed. A majority of the Board shall constitute a quorum. The,
concurring vote oT three members of the Board shall be necessary to reverse any
order, requirement, decision, or determination of the City Manager or his/her
designee or to decide in favor of the applicant on any matter upon which it is
required to pass or to effect any variation.
(e) Procedure. The Board shall conduct hearings and make decisions in
accordance with the following requirements:
(1) Public meetings. All meetings shall be open to the public.
(2) Public notice. The notice of the time and place of hearings shall be
published in a paper of general circulation not more than 30 nor less
than 15 days prior to the hearing. It shall contain the street
address or location of the property and a brief description of the
nature of the appeal.
(3) Record of proceedings. The Board shall keep minutes of its proceed-
ings, showing the vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the Secretary of the
Board.
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(4) Written decisions. The Board shall render written decisions which
shall be filed with the City Clerk.
(5) Orders. Unless otherwise determined by the Board, all orders of the
Board shall expire six (6) months from the date the written decision
is filed with the City Clerk, unless the applicant shall have taken
action within the six (6) month period to establish the use or
construct the building permitted under the terms of the Board's
decision, such as by obtaining a building permit and proceedings to
completion in accordance with the terms of the permit. Upon written i
request, and for good cause shown, the Board may extend the expira-
tion date of any order without further public hearing on the merits {
of the original appeal or application.
(f) Commencement of Proceedings.
(1) Appeals.
a. By whom. ADDeals to the Beard may b� t:kan `..
...-� ��� �j ally parson .
aggrieved, or by any officer, department, or board of the City, {
affected by any decision of the City Manager or his/her designee,
or by a decision of the Zoning Code Interpretation Panel or of
the City Manager when the Panel cannot reach a decision. Such
appeal shall be taken within a reasonable time as provided by the
rules of the Board by filing with the City Clerk a notice of
appeal specifying the grounds therefor. A duplicate copy of such
notice shall be filed with the Board Secretary. The City Manager
or his/her designee shall forthwith transmit to the Board all the
papers constituting the record upon which the action appealed
from was taken.
b. Effect of appeal. An appeal stays all proceedings in furtherance
of the action appealed from, including, without limitation of the
foregoing, a permitee's right to proceed with development or
other activities authorized under a building permit, the issuance
of which is a subject of the appeal, unless the City Manager or
his/her designee certifies to the Board after the notice of
appeal shall have been filed with him/her that by reason of facts
stated in the certificate, a stay would in his/her opinion, cause
imminent peril to life or property. In such case, proceedings or
development shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by a court of record
on application, on notice to the City Manager or his/her designee
for due cause shown. j
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(2) S ecial Exceptions and Variances. Applications for special excep-
tions and variances shall be filed with the City Clerk. At a {
minimum, the application shall include the following:
a. TIon name and address of each applicant;
b. The names and addresses of the owner of the property in question
and of the architect, professional engineer, and contractor, if
any;
16%
c. The names and addresses of the record owners of all property
located within 200 feet of the property in question;
d. A map or plat showing the location and record owner of each
property opposite or abutting the property in question;
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e. A narrative statement of the grounds offered as support for the
special exception or variance;
I
f. A map or plot plan, drawn to scale, of the property in question.
(3) Fees. A filing fee shall be paid at the time any appeal or applica-
tion is filed. Filing fees shall be as established from time to time
by resolution of the City Council. No fee shall be charged for an
appeal or application filed by any officer, department, or board of
the City.
Powers. The Board shall have the following g powers:
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f (i) Appeals. To hear and decide appeals where it is alleged there is
I error in any order, requirement, decisions, or determination made by
the City Manager or his/her designee in the enforcement of this
i. Chapter or of any ordinance adopted pursuant thereto.
(2) Special exceptions. To hear and decide applications for special
exceptions to the terms of this Chapter, and enlargements thereof, in
accordance with the general regulations of the zone in which the
property is located and specific standards contained herein.
a. Review. The Board shall review all applicable evidence regarding
the site, existing and proposed structures, neighboring uses,
parking areas, driveway locations, highway access, traffic
generation and circulation, drainage, sewerage and water systems,
the proposed operation, and such other evidence as deemed
appropriate.
b. Standards. In order to permit a special exception, the Board
must find that the standards set forth in this Chapter with
respect to the specific proposed exception shall be met, and that
the general standards detailed herein shall be met or are not
applicable:
1. That the specific proposed exception will not be detrimental
to or endanger the public health, safety, morals, comfort, or
general welfare.
2. That the specific proposed exception will not be injurious to
the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, and will not
{ substantially diminish and impair property values within the
neighborhood.
168
3. That establishment of the specific proposed exception will
not impede the normal and orderly development and improvement
of the surrounding property for uses permitted in the zone in
which such property is located.
4. That adequate utilities, access roads, drainage and/or
necessary facilities have been or are being provided.
5. That adequate measures have been or will be taken to provide
ingress or egress so designed as to minimize traffic conges-
tion in the public streets.
6. That, except for the specific regulations and standards
applicable to the exception being considered, the specific
proposed exception shall in all other respects conform to the
applicable regulations or standards of the zone in which it
is to be located.
7. That the proposed use shall be consistent with the short
range Comprehensive Plan of the City.
c. Conditions in permitting a :pedal exceptiuii, the DUGrU may
impose appropriate conditions and safeguards including but not
limited to planting screens, fencing, construction commencement
and completion dates, lighting, operational controls, improved
traffic circulation, highway access restrictions, yards, parking
requirements, the duration of a use or ownership, or any other
requirement which the Board deems appropriate under the circum-
stances upon a finding that they are necessary to fulfill the
purpose and intent of this Chapter.
(3) Variances. To authorize upon appeal in specific cases such variances
from the terms of this Chapter as will not be contrary to the public
interest, where owing to special conditions there are practical
difficulties or particular hardships in the way of achieving strict
compliance with the provisions of this Chapter. No variance to the
strict application of any provision of this Chapter shall be granted
by the Board unless the applicant demonstrates that all of the
following elements are present:
a. Not contrary to the public interest.
(1) The proposed variance will not threaten neighborhood
integrity, nor have a substantially adverse affect on the
use or value of other properties in the area adjacent to the
property included in the variance.
(2) The proposed variance will be in harmony with the general
purpose and intent of this Chapter, and will not contravene
the objectives of the Comprehensive Plan.
b. Unnecessary hardship.
(1) The property in question cannot yield a reasonable return if
used only for a purpose allowed in such zone; and
/OS3
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169
(2) The owner's situation is unique or peculiar to the property
in question; it is not shared with other landowners in the
area nor due to general conditions in the neighborhood; and
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(3) The hardship is not of the landowner's own making or of a
predecessor in title.
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c. Conditions. In permitting a variance, the Board may impose
appropriate conditions and safeguards including but not limited
to planting screens, fencing, construction commencement and
completion dates, lighting, operational controls, improved
' traffic circulation, highway access restrictions, yards, parking
requirements, the duration of a use or ownership, or any other
requirement which the Board deems appropriate under the circum-
stances, upon a finding that they are necessary to fulfill the
purpose and intent of this Chapter. -
(4) Interpretation. To interpret this Chapter in any case where it is i
alleged there is an error in any decision, determination, or inter-
pretation made by the Zoning Code Interpretation Panel or by the City
Manager in cases where the Panel was unable to reach a decision f
regarding the meaning of the provisions of this Chapter. Interpreta-
tions rendered by the Board hereunder shall be binding upon the City
Manager or his/her designee in the enforcement of this Chapter.
i
(h) Petition of certiorari. Any person or persons jointly or severally
aggrieved by any decision of the Board under the provisions of this Chapter, or
any taxpayer, or any officer, department or board of the City may present to a
court of record a petition duly verified setting forth that such decision is
illegal in whole or in part, and specifying the grounds of the illegality. Such
petition shall be presented to the court within 30 days after the filing of the
decision in the office of the City Clerk.
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Roeelvecl A, Approvac4
By Vie U tl i.^, artment
12Q%v- � i i it i
/053
NU
City of Iowa City
MEMORANDUM
DATE: June 7, 1985
TO:Mayor McDonald, City Manager, City Clerk and
FROM: Karin Franklin, Sr. Planner
Robert W. Jansen, City Attorney 4(\
RE:Council Vote on June 4th Re-enacting Comprehensive
Zoning Ordinance and Map
Question has arisen concerning the validity of the Council vote
on June 4th when the zoning ordinance and map were re -adopted by
the Council. Councilmember Erdahl moved for suspension of the
rule requiring that an ordinance must be considered and voted on
for passage at three consecutive meetings. On roll call vote;
all members voted to suspend the rule thus permitting a vote for
iffuueu.ia w yaoaage.
Following this vote, Mr. Erdahl then moved to separate the voting
on the text and the map. Following this motion, roll call vote
was had on adoption of the text. Unanimous.
Motion by Erdahl then followed to move final adoption of the map
as presented (by Planning and zoning) with RS -8 zoning designated
for the area north of Shimek School. This would have been a
downzoning from RS -12 to RS -8 thus necessitating a three-fourths
majority under state law requirements since the property owners
had objected. Motion for passage failed (3-4).
Erdahl then moved adoption of the map which designates the area
north of Shimek School as RS -12. Since this did not involve
downzoning, a simple.majority vote was required for passage. The
vote for passage failed (4-3).
Somewhat confused discussion among the Councilmembers then
ensued. Mr. Erdahl then again moved passage of the map with the
area north of Shimek School designated RS -12. Vote for passage
was 5-2 and the ordinance passed.
A Councilmember has now raised the question that if the Council
votes to suspend the rule requiring passage of an ordinance at
three consecutive meetings, which requires a three -fourth
majority vote of the members of the Council, does the ordinance
-itself then require a three-fourths vote for passage?
The answer is no. The applicable statutes are as -follows:
Iowa Code, Sec. 383.: A proposed ordinance or amendment
must bs cconsidered and voted on for passage at two council
meetings prior to the meeting at which it is to be finally
passed unless this requirement is suspended by a recorded vote of
not less than three-fourths of the councilmembers.
/053
Mayor McDonald, City Manager,
City Clerk and Karin Franklin
June 7, 1955
Page 2
Sec. 2.11 of the City Charter provides: A. Passage of an
ordinance, amendment or resolution requires an affirmative vote
of a majority of the Councilmembers except as otherwise provided
by State law.
Iowa Code, Sec. 414.5 provides: The (zoning) regulations,
restrictions, and boundaries may, from time to time, be amended,
supplemented, changed, modified, or repealed. In case, however,
of a written protest against a. change or repeal which is filed by
the City.Clerk and signed by the owners of 208 or more of the
area of the.lots included in the proposed change or repeal, or by
the owners'of 208 or more of the property which is located within
200 feet r;f the =xterior bcundaries of tile property for which the
change or repeal�is proposed, the change or repeal shall not
become effective except by a, favorable vote of at least three-
fourths of all of the members of the council.
In my opinion Sec. 380.3 of the Iia Code, above set out, only
Provides a mechanism for the Council EO—dispense with the state
law requirement that an ordinance is not effectively enacted
unless it is given three separate considerations at three
separate council meetings. This Code section does not contain
any requirement that the ordinance tself must also receive a
three -fourth vote for passage. Even though the adoption of the
map is a zoning measure, zoning ordinances never require a three-
fourths vote.unless they involve a change in zoning and the
property owners object. As provided in Sec. 411.5 of the Iowa
Code as set out above, Mr. Glasgow, the owner, only objected to
the RS -12 designation which was defeated because the three -fourth
vote requirement failed.
As also set forth in the City Charter provision quoted above, all
ordinances or amendments simply require a majority vote unless
otherwise provided by state law, for example, Sec. 414.5 of the
Iowa Code also set out above.
I
Code Sec. 380.3 is a statutory rule of procedure. State v.
Central States Elec. Co., 28 NW2d 457 (Iowa 1947). As such, a
procedural rule only sets forth the procedure to be followed and
does not deal with the substantive aspect that the rule is
designed to govern. In other words, Iowa Code Sec. 380.3 simply
allows the Council to suspend the three rea ng -three meeting
rule as a means of quicker passage of ordinances. It does not go
i
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Mayor McDonald, City Manager,
City Clerk and Karin Franklin
June 7, 1985
Page 3
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beyond that to require that the ordinance itself also requires a
three—fourths vote for passage.
As a practical matter the Council often gives an ordinance all
three readings and the following vote on the ordinance is
.i unanimous. This is simply because if the Council agrees to allow
three readings the Council is usually unanimous on the vote on
the ordinance itself. However,. this is not to be taken as
established policy or precedent.
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ORDINANCE NO. 85_3240
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED IN THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 16 IN TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TH P.M. FROM
RM -12 TO RS -8.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
ejow is hereby reclassified from its
present classification of RM -12 to RS -8,
and the boundaries of the RS -8 zone as
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be enlarged to
include:
The property bounded on the north
and ,;est by University Heights. on the
east by the property known as Melrose
Lake Apartments and on the south by
the Tower Addition to Iowa City, such
property being more particularly
described as follows:
The southwest quarter of the
northeast quarter of the northwest
quarter of Section 16, in Township 79
North, Range 6 West of the 5th P.M.,
except the following:
Commencing at the NE corner of the
SW 1/4 of the NE 1/4 of the NW 1/4 of
Section 16, Township 79 North, Range 6
West of the 5th P.M., thence west
along the north line of said SW 1/4 of
NE 1/4 of NW 1/4, 200 feet, thence
southerly along the east line of an
extension of Olive Court 170 feet,
thence easterly at right angles with
said east line of Olive Court 200 feet
to a point on the east line of said SW
1/4 of NE 1/4 of NW 1/4, said point
being 164 feet south of the NE corner
thereof, thence north 164 feet to the
place of beginning.
SECTION II. The Building Inspector is
ere�Tiy authorized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance to the County Recorder
I
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of Johnson County, Iowa, upon final
Passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and
pars o or mantes in conflict with the
provision of this ordinance are hereby
j repealed.
SECTION V. SEVERABILITY. If any section,
Prov stop or part o t e Ordinance shall
be adjudged to be invalid or unconstitu-
tional , such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
nance s a a n e ect after its
Or fi
final passage, approval and publication as
required by law.
Passed nd approved this 4th day of
1 June, 1985A / /1
ATTEST: LrJO [A4 %� /
i
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Raccived ' A
11pproved
V Flip r..r7a1 0
ep1n*nt
_,0
_:
�oss�
It was moved by Erdahl and seconded by Strait
were: that the r nance as —read be adopted and upon roll ca ere
AYES: NAYS: ABSENT:
r X _ AMBRISCO
_ BAKER
DICKSON
ERDAHL
_xi _ _ MCDONALD
X STRAIT
X ZUBER
j. First consideration 3/12/85
j Vote for passage: Ayes: McDonal , Strait, Ambrisco,
Baker, Dickson, Erdahl. Nays: Zuber. Absent: None.
S+ecoiid wabideraiion 4/9/85
!' Vote for passage Ayes: Dickson,-Erdahl, McDonald, Strait,
Ambrisco, Baker. Nays: Zuber. Absent: None.
Date published 6/12/85
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Nrn W.l��^.��.r. � � ��. T.'�•.^T'Thr'.�wY•A'w•rn•���!'�•T.•..++�.�Tw�..��Y.�
i
ORDINANCE NO. 85-3241
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY BOUNDED BY UNIVERSITY HEIGHTS TO
THE NORTH, THE FORMER CRI&P RAILROAD
P TRACKS TO THE EAST, THE LAKEWOOD ADDITION j
TO THE SOUTH AND ON THE WEST BY THE EAST
j LINE OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER !
OF SECTION 16 IN TOWNSHIP 79 NORTH, RANGE i
6 WEST OF THE 5TH P.M., FROM RM -12 TO
RS -8.
!
BE IT ORDAINED BY THE CITY COUNCIL OF THE j
CITY OF IOWA CITY, IOWA:
i I
SECTION I. That the property described
e owl w is hereby reclassified from its
present classification of RM -12 to RS -8, 1
and the boundaries of the RS -8 zone as §
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be enlarged to ;
include the property described as follows: j
Commencing at the Northwest corner i.
of the Northeast Quarter of Section 16,
Township 79 North, Range 6 West of the
5th Principal Meridian; thence N
87045'39" W, along the centerline of
Melrose Avenue, 656.58 feet; thence S
01057'43" E, along the West line of the
East half (1/2) of the Northwest
Quarter (1/4) of the Northeast Quarter
(1/4) of the Northwest Quarter (1/4), ;
of said Section 16, 662.71 feet to the i
Point of Beginning; thence S 88018'58" f
E, 606.83 feet to the Southwesterly
f
right-of-way line of the Chicago, Rock
Island & Pacific Railroad; thence S
' 44055'48" E. along said railroad
right-of-way line, 314.93 feet; thence
S 50051'00" W, 221.97 feet to the
Northeast corner of Lot 5, Lakewood '
Addition, an addition to the City of j
Iowa City, Iowa; thence N 86026'00" W,
141.30 feet; thence S 51038100" W, I P
along the Northerly line of said
Lakewood Addition; 75.00 feet; thence N
66016100" W, 71.00 feet; thence S
j 53012'00" W, 98,80 feet, thence S !
53033'00" W, 168.28 feet; thence S
49010100" W, 98.60 feet; thence S
47009100" W, 66.10 feet to the South-
west corner of Lot 1 of said Lakewood
' i
Addition; thence N 87026100" W, 32.01
feet; thence N 01057'43" W, 657.66 feet
to the Point of Beginning.
SECTION II. The Building Inspector is
ere y au prized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorizedand directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and
parts of or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinanrp shalt
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance s a a n e ec after its
final passage, approval and publication as
required by law.
Passed and approved this 4th day of
June,1985.
AYOR
ATTEST: 7j!�n %
CITY CLERK
ROWYOd a Ammved
BY Legal D nt
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Addition; thence N 87026100" W, 32.01
feet; thence N 01057'43" W, 657.66 feet
to the Point of Beginning.
SECTION II. The Building Inspector is
ere y au prized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorizedand directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and
parts of or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinanrp shalt
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance s a a n e ec after its
final passage, approval and publication as
required by law.
Passed and approved this 4th day of
June,1985.
AYOR
ATTEST: 7j!�n %
CITY CLERK
ROWYOd a Ammved
BY Legal D nt
f
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It was moved by Erdahland seconded by Strait
that the r nance as reada adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
Jx— AMBRISCO
_IL _ BAKER
X — DICKSON
x ERDAHL
—x MCDONALD
—_ STRAIT
ZUBER
— i
First consideration 3/12/85 j
Vote for passage: Ayes— Stmt, Ambrisco, Baker, Dickson,
Erdahl, McDonald. Nays; Zuber. Absent: None. j
e -conA lJ . j}
�.��... tL8alueracion 4/9/85
Vote for passage Ayes: Strait, Ambrisco, Baker, Dickson, j
Erdahl, McDonald. Nays: Zuber. Absent: None. j
Date published 6/12/85
N.T T7.:...T..��•r ��• awn. -......T w.A•.+-�.�v.T �ryl1.TlT.T....
j'
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is
It was moved by Erdahland seconded by Strait
that the r nance as reada adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
Jx— AMBRISCO
_IL _ BAKER
X — DICKSON
x ERDAHL
—x MCDONALD
—_ STRAIT
ZUBER
— i
First consideration 3/12/85 j
Vote for passage: Ayes— Stmt, Ambrisco, Baker, Dickson,
Erdahl, McDonald. Nays; Zuber. Absent: None. j
e -conA lJ . j}
�.��... tL8alueracion 4/9/85
Vote for passage Ayes: Strait, Ambrisco, Baker, Dickson, j
Erdahl, McDonald. Nays: Zuber. Absent: None. j
Date published 6/12/85
N.T T7.:...T..��•r ��• awn. -......T w.A•.+-�.�v.T �ryl1.TlT.T....
---...-------- 'r
ORDINANCE NO. 8S-3242
ORDINANCE TO REPEAL ORDINANCE 84-3184 ES-
TABLISHING THE PLANNED DEVELOPMENT HOUSING
(PDH) PLAN OF HUNTERS RUN SUBDIVISION,
PARTS 2 AND 3, IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. Hunters Run Develop-
ment Company, owner of Hunters Run
Subdivision, Parts 2 and 3, has requested
repeal of the PHD plan approved by
Ordinance No. 84-3184 in order to develop
a single-family subdivision at that
location. All agreements regarding the
dedication of parkland are to remain in
force.
SECTION II. REPEAL. The final PDH plan
of unters Run SubErTvision, Parts 2 and 3,
approved by Ordinance 8e-3184, ,hn 1 telly
described in Attachment A, is hereby
repealed. Notwithstanding this repeal,
the parkland dedication agreement which
was part of said PON Plan shall be and
remain in full force and effect.
SECTION III. SEVERABILITY. If any
section, prov s on or per of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall e in e ect a ter its final
passage, approval and publication as
required by law.
Passed and approved this 4th day of
June A , 19T_
MAYOR
ATTESTK Oyirelga x //
� „L,,)
CITY CLERK
Received
a aPProv0d
QY The Lev# ^'eParnt
/osb
)
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ATTACHMENT A
The legal description for Part Two Hunters Run Subdivision, Iowa City, Johnson
County, Iowa, is as follows:
Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North,
Range 6 West of the 5th. Principal Meridian; Thence NO04614611E, 1,150.38 feet to the Center-
line of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One,
recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Office;
Thence N0055112"E, 223.00 feet; Thence S89004'48"E, 108.00 feet; Thence SO"55'12"w, 190.37
feet'to a point on said Centerline of Rohret Road; Thence N74006128"E, 329.64 feet along said
Centerline; Thence Northeasterly 161.61 feet along said Centerline on a 955.00 root radius
curve, concave Southeasterly, whose 161.42 foot chord bears N78057121"E; Thence N0057118"E,
228.55 feet to the Point of Beginning of Part Two or Hunters Run Subdivision; Thence
N27°031361 -W, 61.43 feet; Thence N46001150"W, 715.58 feet; Thence N39042135"E, 124.50 feet;
Thence Northwesterly 208.81 feet along a 307.00 root radius curve, concave Southwesterly,
whose 204.81 foot chord bears N69046032"W; Thence N8901513911W, 41.92 feet; Thence NO04412111E,
201.00 feat; Tneficc 33V15'39'E, 287.01 feet to a point on the Southwesterly flight -of -Way line j
or Highway 218/516; Thence S46601150"E, 879.58 feet along said Southwesterly Right -of -Way line I+
to a point on the East line of the West twenty-five (25) acres or the Northwest Quarter oC Che
Southeast Quarter (NW4, SEf) of said Section 18; Thence S69711811W, 529.90 feet along said East
line to a point on the Centerline of said Rohret Road; Thence N8900813211W, 102.72 feet along
said Centerline; Thence Northwesterly 5.28 feet along said Centerline on a 955.00 foot radius
curve, concave Southwesterly, whose 5.28 foot chord bears N890l810311W; Thence N0057118"E,
223.01 feet; Thence N90000'0011W, 112.00 feet to the Point or Beginning. Said tract or land
contains 9.24 acres more or less and is subject to easements and restrictions of record.
I
The legal description for Part Three Hunters Run SubdiVl!,Lon,IQWu City,
Johnson County, Iowa, is as follows:
Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North,
Range 6 West of the 5th. Principal Meridian; Thence NO04614611E1
1,150.38 feet to the Center-
11ne or Rohret Road,in accordance with the Final Plat of Hunters Run Subdivision, Part One,
recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Office;
Thence N0055'12"E, 223.00 feet to the Point of Feginning of Part Three of Hunters Run Sub-
division; Thence N46001'50"W, 139.47 feet; Thence N1201615011W, 146.95 feet; Thence N79046'50"W,
139.73 feet; Thence N4600115011W, 121.19 feet; Thence N600015011W, 213.04 feet; Thence South-
westerly 26.52 feet along a 225.00 foot radius curve,concave Northwesterly, whose 26.50 foot
chord bears S87421145"W; Thence N89015139"W, 20.33 feet; Thence N004412111E, 185.00 feet; Thence
S89°151391 -E, 10.00 feet; Thence N004412111E, 201.00 feet; Thence S89015139"E, 298.08 feet;Thence
5004412111W, 66.00 feet; Thenc: S89015'39"E, 41.92 feet; Thence Southeasterly 208.81 feet along
a 307.00 root radius curve, concave Southwesterly, whose 204.81 root chord bears S69046'32"E;
Thence S3904213511W, 124.50 feet; Thence S46001150"E, 715.58 feet; Thence S2700313611E, 61.43
feet; Thence S0057118"W, 228.55 feet to a point on the Centerline of Rohret Hoad; Thence South-
westerly 161.61 feet along saiLl Centerline on a 955.00 root radius curve, concave Southeaster-
ly, whose 161.42 foot chord bears S78°57121"W; T'ience S74006128"W, 329.64 feet along said
Centerline; Thence N0055112"E, 190.37 feet; Thence N89004'48"W, 108.00 feet to the Point or
Beginning. Said tract or land contains 14.37 acres more or less and IS subject to easements
and restrictions of record. _
/056
It was moved by Zuber and seconded by Ambrisco
that the r finance as read be'adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
R AMBRISCO
x BAKER
R DICKSON
X ERDAHL
X MCDONALD
X STRAIT
ZUBER
First consideration i
Vote for passage-
4
assage: !
SECOn''CuiSWerdiion `
Vote for passage f 1
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Date published 6/12/85 Ai
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Moved by Zuber, seconded by Strait, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first and second consideration
and vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Erdahl, McDonald, Strait, I
Zuber, Ambrisco, Baker, Dickson. Nays: None. Absent; None.
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ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 8-82 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA TO CLARIFY A STANDARD RELATING
TO ISSUANCE OF HOUSE MOVERS PERMITS. I
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION 1. PURPOSE. The purpose of this
or nonce is o amend the House Movers
Ordinance to clarify a standard relating
to issuance of permits.
SECTION 2. - AMENDMENT. Section 8-82 of !
the Code of Ordinances of the City of Iowa
City, Iowa, is hereby repealed and
substituted in its place is the following I
new Section 8-82:
Sec. 8-82. Standards for permit
issuance. I
The City shall refuse to issue a
permit required by this division if: �..
(1) Any application requirements or
any fee or deposit requirement has
not been complied with.
(2) The building is in such a state of
deterioration or disrepair or
otherwise so structurally unsafe
that it could not be moved without r
endangering persons and property
in the city.
(3) The building in its new location
would not comply with the building
code, electrical code, plumbing
code, zoning ordinance, state
energy code, and state handicapped ;
accessibility code, or other
ordinances in effect at the time
of the application in the govern-
mental jurisdiction where the
building is to be located. This +
subsection shall not be construed j
to prohibit the moving of a
building for which an applicant
has obtained a building permit
which provides for construction or
alterations to the building which
will bring it to code standards.
(4) For any other reasons, persons or
property in the city would be
endangered by the moving of the
building.
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Ordinance No.
Page 2
SECTION 3. REPEALER: All ordinances and
parts of ordinances in conflict with the
Provision of this ordinance are hereby
repealed.
SECTION 4. SEVERABILITY: If any section,
Prov s on or part of tHe Ordinance shall
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE: This Ordi-
nance s a o n effect after its final
Passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY C[M_
Reaslved & Approved
!y The Legal DepaAment
5 IS