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HomeMy WebLinkAbout1985-09-24 Resolutionr Il� RESOLUTION NO. 85-277 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Bob's Beer ;•tart, 1910 S. Gilbert It was moved by Strait and seconded by Dickson that the Resolution as ren e a opted, and upon ro ca ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 24th day of September 19 85 LZ yor Attest: City Clerk 175-7 1 i i i 1 I 1 I 1 I RESOLUTION NO. 85'278 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: H.W.A. Corp. dba rriday's, 121 E. College Street It was moved by Strait and seconded by Dickoll that the Resolution as res be adopted, and upon rol ca f there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl R McDonald X Strait X Zuber X Passed and approved this 24th day of September r 19 85 _ � 9 yor City Clerk Attest: 170 z(' RESOLUTION NO. 85-279 RESOLUTION ADOPTING SUPPLEMENT NUMBER 2S TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS the Municipal Cade Corporation has p p prepared the 25th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 25 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 25 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 24th day of September 1985 , OR ATTEST:-10'.-e',J Z'i ry ( ushid i Approved m/ % 1pal nm M 9 /d' Plr i I s .l � I SUPPLEMENT NO. 26 I CODE OF ORDINANCES i City of I IOWA CITY, IOWA Iooseleaf Supplement � This Supplement contains all ordinances from the calender 1 quarter, March through June,1985, which are suitable for inclu. zi sion in the Code; the latest ordinance in this Supplement is: Ordinance No. 86,4244, adopted June 26,1986, See Code Comparative Table, page 2965. I Remove old pages Insert new pages rv, xvi zt xvi xxi, xxii, xxiii xxi, xxii, xxiii r 182.1 through 186 183 through 186.1 /\. 303,304 303,304 337,338 337 through 344 1251 1251 1563,1564 1663,15M, 15U.1 y 1669 through 1572 1569 through 1572 2122.1 through 2134 2123 through 2134.1 2419 through 2427 2419 through 2429 2479,2480 2477,2478,2479 2485 through 2496.1 2485 through 2496.1 2499 through 2508 2499 through 2508 2511 through 2628 2511 through 2628.2 2531,2532 2531,2532 2535 through 2546 2635 through 2546 2549 through 2578 2549 through 2670 2585 2585 through 2588 2593,2594 2593,2594 2599 through 2602 2599 through 2602 i 2605,2606 2605,2606 2613 through 2622 2613 through 2622.1 2627 through 2630 2627 through 2630 Note—Checklist is not updated this Supplement. i I i t. _.------'t--- INSTRUCTION SHEET—Cont'd. �\ 2639 through 2642 2639 through 2642 2645 through 2660 2645 through 2660 2663 through 2664.2 2663 through 2664.2 2673,2674 2673, 2674,2674.1 2677, 2678 2677, 2678 2913,2914 2913,2914 2965 2965 Index pages Index pages 2979,2980,2980.1 2979,2980,2980.1 2982.1 2982.1 3005, 3006 3005, 3006 3015, 3016, 3016.1 3015, 3016, 3016.1 3029, 3030 , 3028.1, 3028.2, 3029 3071, 3072 3071, 3072, 3072.1 3083 through 3090 3083 through 3090.1. Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION 'Tallahassee, Florida ' September, 1986 174 z t. TABLE OF CONTENTS Page Officials of City .................................. in Preface........................................ v Adopting Ordinance ..........'.................... ix Checklist of Up -to -Date Pages :..................... [1] PART CHARTER Charter ...... ............... 1 Art. I. Powersof the City . 2 Art.' 11: City Council ................ :..... :. 3 Art. M. Nomination, Primary Election and Reg- ular Election ..................... 6 Art. IV. City Manager ....:............... 7 Art. V. Boards, Commissions and Committees.- 10 Art. VI. Campaign Contributions and Expendi• tures................:........... 11 Art. VII. Initiative and Referendum ..:...:.. 12 Art. VIII. Charter Amendments and Review .. 19 Charter Comparative Table ........................ 71 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........................... 121 2. Administration ............................. 177 Art. I. In General .:.:.......:.::......... 177 Art. II. Council .......................... 180 Art. M. Officers and Employees ............ 181 Div. 1. Generally ...................:. 181 Div. 2. Mayor ....................... 181 Div. 3. Manager ..................... 183 Div. 4. Attorney ..................... 183 Supp No. 95 xv /76 I C, IOWA CITY CODE Chapter Page Div. 6, Clerk ....:................... Div. 6. Personnel Practices 186 ............. Art. IV. Boards and Commissions 187 ........... Div. 1. CivilSely 187 ..................... Div. 2. Civil Service Commission 187 ........ Art. V. Department of Finance 189 ............. Art. V1. Department of Housing Inspection 190 and - Services............. Art. VII. Department Human 191 of Relations .... Art, VIII, Department of Public Works 192 ....... Art. IX Administrative Code 193 .............. Art. X. Financial Procedures 19 4 .i........ Art, XI. Department of Public Transportation 194 . 3, Advertising 202 Art. I. In General 251 .. Art II Billposters, Bill 251 poatmg and Distributing 251 4. Airports and Aviation .... Art. I. In General 303 .. Art. H. Commission . ............. .......... Art. III Operation 305 . Regulations ............. Art. IV.' Fire Regulations .................. 307 Art. V. AirportZoning .....:.............. 324 Art, VI, SelffuelingRegulations............ 325 339 5. Alcoholic Beverages ........................ . Art. I. In General 363 ............. ...... ....... Art. IL UquorControlLicenses 63 363 andBeer 572.1 6. Amusements ........................ I...... Art. L In General 431 ............. Art. II. Circuses, Carnivals, Menageries and 431 Exhibitions .......... ........ ..:. 431............. 7. Animals and Fowl .. . Art. I. In General 463 .... ...... Art. H. Pete 483 . Div. I. Generali 484 y ................... .................. Div. 2. Impoundment 484 .............. 489 Supp Nm 75 xvi �i 17a'---' TABLE OF CONTENTS—Cont'd. Chapter Page 29. Police ............:.................. :..... 1967 Art. I. In General ........................ 1967 Art. II. Department ...................... 1968 30. Railroads (Reserved) ......................... 2021 31. Streets, Sidewalks and Public Places ............. 2121 Art. I. In General ................::...... 2121 Art. H. Excavations ...................... 2125 Div. 1. Generally ..............:..:... 2125 Div. 2. Permit ....................... 2133 ArG M. Curb Cuts ................:...... 2134 Div. 1. Generally... .................. 2134 Div. 2. Permit ....................... 2135 Art. IV. Numbering of Buildings............ 2136 Art. V. Sidewalks ..................:..... 2137 Div. 1. Generally ..................... 2137 ... Div. 2. Construction and Repair ....... :. 2138 Div. 3. Ice and Snow Removal ........... 2140 Art. VI. Use Permits ..:........... ::..... 2141 Art. VII. Right -of -Way Sign Permits ......... 2147 32. Subdivision Regulations ...................... 2197 Art. I. In General .................. . 2197 Art. H. Plats ..........................:. 2202 Div. 1. Generally ..................... 2202 Div. 2. Preliminary .................... 2202 Div. 3. Final ......................... 2205 Art. M. Standards and Specifications ........ 2211 32.1. Taxation ................................. 2241 Art. I. In General ........................ 2241 Art. H. Hotel and Motel Tax ................ 2241 Art. III. Partial Property Tax Exemption for In- dustrial Property ................. 2242 33. Utilities .....................:.............. 2267 Art. I. In General ........................ 2267 Art. IL Sewers and Sewage Disposal......... 2268 Div. 1. Generally' ..................... 2268 Div. 2. Private Sewage Disposal......... 2269 Sapp. No. 25 txi s IOWA CITY CODE /1 1 Chapter Page Div. 3. RatesandCharges.............. 2271 Div. 4. Storm Water Runoff............ 2274.6 Div. 5. Building Sewer Requirements and Industrial Waste Control ........ 2282 Div. 6. Industrial Waste Control—Additional Regulations ...................2282.13 Art. III. Underground Electric Service ....... 2282.29 Art. IV. Underground Telephone Service . 2286 Art. V. Water ........................... 2288 Div. 1. Generally....... :............. 2288 Div. 2. Connections ............. `...... 2291 Div. 3. Meters ....................... 2294 Div. 4. RatesandCharges.............. 2297 34. Vegetation ... ... 2351 Art. I. In General .... 2351 Art- II. Forestry 2361 Div. 1. Generally . 2361 Div.2: Arboricultural Specifications and Standards of Practice ........... 2360 Diva 3. Permits for Work on Public Property 2364 Art. III. Weed Control .................... 2366 35.' Vehicles for Hire:.......:. ..... 2419 .............. Art. I. In General ......................... 2419 Art. II. Taxicabs ......................... 2419 Div. 1. Generally..................... 2419 Div. 2. Horse-drawn Vehicles ........... 228 36.. Zoning..................................... 2477 Art. I. In General ........................ 2477 Art. II. Principal Uses and Requirements..... 2502 Div. 1. Zones' ........................ 2502 Div. 2. Overlay Zones ................. 2654 Div. 3. Additional Regulations.......... 2588 Art. III. Accessory Uses andRequirements.... 2597 Art. IV. General Provisions ................ 2650 Div. 1. Dimensional Requirements ...... 2650 Div. 2. Tree Regulations.....'.... ...... 2666 Div. 3, Performance Requirements ...... 2664 SUM N0. Tb Z>il 97Gz TABLE OF CONTENTS—Cont'd. Chapter Page Div. 4. Nonconformities ............... 2670 Div. 6. Implementation ............... 2674 Div. 6. Appeals ...................... 2681 Appendix A. Reserved 2787 Statutory Reference Table ......................... 2913 Code Comparative Table -1966 Code ................. 2936 I Code Comparative Table—Ordinances ............... 2941 CharterIndex ................................... 2971 j CodeIndex ...................................... 2977 i SYVR No. 25 i I i i i i j j TABLE OF CONTENTS—Cont'd. Chapter Page Div. 4. Nonconformities ............... 2670 Div. 6. Implementation ............... 2674 Div. 6. Appeals ...................... 2681 Appendix A. Reserved 2787 Statutory Reference Table ......................... 2913 Code Comparative Table -1966 Code ................. 2936 I Code Comparative Table—Ordinances ............... 2941 CharterIndex ................................... 2971 j CodeIndex ...................................... 2977 i SYVR No. 25 i I i i j i.' i i . i � I I l I. 1 i i i I i y I ADMMISIMAMN $ us See. 2.46. Chief city representative. The mayor shall act as the official representative of the city. The mayor shall be recognized as the official head of the city by the courts and officers of the state, upon whom service of civil process may be made. The mayor shall have and exer- cise all the powers and perform all the duties provided by the Ihw. (Code 1966, Q 2.04.7) Sea. 247-2.53. Reserved. DIVISION S. MANAGER Sea M. Appointment; removal. The city manager shall be appointed to or removed from office by a majority vote of the city council. There shall be no appeal from the action of the council. (Code 1966, § 2.06.1) Sea 255. Oath; bond.' (a) Before entering upon his/her duties, the manager shall take an oath that he/she will support the Constitution of the United States, the constitution of the state, and without fear or favor, to the best of his/her ability, faithfully and honestly perform the duties of his/her office. (b) The manager shall execute a bond with a reliable surety company as surety thereon, to be paid for by the city, in such sum as the council may, by resolution, determine, which bond shall be conditioned for the faithful performance of hie/her duties and shall be in favor of the city. Sea. 2.56-2.62. Reserved. DIVISION 4. ATTORNEY Sea 2.63. Appointment; removal; duties. (a) The city council shall appoint a city attorney. The city attorney shall be appointed or removed by a majority vote of the city council and shall practice law only for the city and have no outside practice unless authorized by the council. Sapp. M 25 183 174.2- i i § 2-63 IOWA CITY CODE (b) The city attorney shall advise the city council, when requested, upon all legal questions arising in the conduct of the council business. He/she shall attend all regular council meetings and such informal council meetings as the council shall direct. He/she shall prepare or direct the preparation or revision of all ordinances and resolutions to be enacted by the council; shall give his/her opinion upon any legal matter or question submitted to him/her by the council; shall prepare or approve or direct the preparation of all contracts which must be approved by the city council; shall defend and prosecute all suits to which the city is a party or an employee is a party in the district courts and the Supreme Court of Iowa and in all federal courts, shall prosecute on behalf of the city all condemnation proceedings involving the city; shall represent the city assessor and the board of review as required; shall render opinions to the city manager when requested and when directed by the council shall negotiate contracts on behalf of the council; shall appoint such assistant city attomeys as permitted by the council, subject to the approval by the coun- cil and shall direct and supervise the work of such assistants; shall make an annual report of the legal department and shall prepare a budget for such department; shall provide such other services as may be directed by the council and shall prosecute all matters before the civil service commission. The city attorney shall serve on the pension boards as required by law and shall delegate such work and such duties to assistant city attorneys as may be required for the proper functioning of the legal department of the city. (Code 1966, §§ 2.10.2, 2.10.5; Ord. No. 2592; Ord. No. 85.3243, § 2,6-18-85) Sec. 2-64. Special assistant city attorneys. (a) Appointment, removal. The city council shall establish special assistant city attorneys by resolution of the council. Such resolution shall define the position and the duties there- of. Special assistant city attorneys shall be appointed or re- moved by a majority vote of the council. I i (b) Duties. A special assistant city attorney shall have those duties granted to him/her by the resolution appointing Supp. No. 75 184 /7G.z ADMINISTRATION 12$7 i him/her. He/she shall report directly to the council and may confer with the city attorney as may be advantageous to ac- complish the work assigned. (Code 1966, §§ 2.10.3, 2.10.5; Ord. No. 2592) Sec. 2.65. Assistant city attorneys. (a) Appointment. Assistant city attorneys shall be ap- pointed or removed by the city attorney, subject to the ap- proval of the city council and shall practice law only for the city and have no outside practice unless authorized by the council. (b) Duties. Assistant city attorneys shall represent the city on all small claims against the city; shall give advice to the city manager and department heads on all routine matters; shall maintain this Code and shall prepare ordinances as directed by the city manager or the city attorney; shall rep- resent the low rent housing agency; shall prosecute all cases involving city charges and shall represent the civil service i commission; shall provide the various departments of the city such training and aid as may be required in municipal law and the legal work in their departments; Shall act as at- torney for all boards and commissions except the pension i board; shall negotiate on behalf of the city purchase of real estate; shall perform such other duties as directed by the city attorney and shall assist the city attorney when required. (Code 1966, §§ 2.10.4,2.10.5; Ord. No. 2592) Sec, 2.66. Facilities and staff. The city manager shall provide the city attorney and assistant city attorneys with such facilities and staff as are necessary within the budget approved by the council. (Code 1966, § 2.10.6; Ord. No. 2592; Ord. No. 85.3243, § 2, 6.18-85) Sea 2.67. Compensation. The city attorney, assistant city attorneys and special as- sistant city attorneys shall be paid such compensation as shall be set by the city council. (Code 1966, § 2.10.7; Ord. No. 2592) Supp Na ffi 185 i 7G � ME y 12-68 IOWA CITY CODE Secs. 2-68-2.74. Reserved, DIVISION 5. CLERK* Sea 2.75. Appointment and qualifications, The city council shall appoint a city clerk, who must be a qualified elector, residing within the city, and within ten (10) days after appointment the city clerk shall qualify by taking the oath and execution of the official bond with sureties to be approved by the city council. Such, oath and bond shall be filed in the office of the city clerk, (Code 1966, ¢ 2.08.1; Ord. No. 2569) Sec. 2-76. General duties. The city clerk shall exercise all the powers and perform all the duties provided or prescribed by state law, the charter, the provisions of this Code or other ordinances.of the city. l (Code 1966, § 2.08.2; Ord. No. 2669) t; F See. 2-77. Custodian of records and seal. The elty clerk shall be charged with the custody of official bonds of city employees and with custody of all deeds, mort- gages, contracts, judgments, notes and debts and shall keep and administer all security bonds and other forme al nego- tiable instruments owned or belonging to the city and shall be the custodian of the official seal of the city, (Code 1966, § 2.08.8; Ord. No. 2569) Sea 2.78. Certification of expenditure instruments. The city clerk shall certify, according to all laws, all con. tracts agreements or other obligations for the expenditure of public funds entered into by any official of the city, and such contracts, agreements or other publications shall not be valid until 80 certified by him/her. (Code 1966, § 2.08,4; Ord, No. 2569) *Charter reform APpolntment by coundl, 12.08, State las refuwce—council to appoint clerk, LC.A, 0 892,18(8), Supp No. 25 188 1%daz 'i ADhMnS1RA770N 6 2-79 Sea 2-79. Clerk of counciL The city clerk shall serve as the clerk of the city council and shall perform such other duties of like nature as may be required by that body. The city clerk shall be responsible for the recording, filing, indexing and safekeeping of all pro- ceedings of the council and shall record in full, uniformly and permanently, all ordinances and resolutions of the council and shall authenticate the same when required. The city clerk shall further publish, as described by law, adopted ordinances and resolutions of the council and all legal notices required by law or ordinance. The city clerk shall further publish, follow- ing the regular or special meetings of the council, a condensed statement of the proceedings of the council, including the total expenditures from municipal funds and shall cause the same to be published in a newspaper of general circulation in Supp No. 25 186.1 17( -= _ _---- ,. __---------- ----�, 1 y, .__T_-_.__..._ __- -_ � 1 'i Chapter 4 AIRPORTS AND AVIATION* Art. I. In General, If 41-418 Art. II. Commission, it 416-4,U Art. lIL Operation Regulations, if 456-444 Art. IV. Fire Regulations, tl446- -70 ArtV. Airport Zoning, 11471-440 Art. VI. aelMueling Regulation*, if 440-448 i ARTICLE L IN GENERAL Sea 4.1. Operation over city. No person shall operate or cause to be I Operate4 in the air over the city any airplane, balloon or other aircraft at an alti- tude of less than one thousand (1,000) feet, or perform with' the same any tailspin, loops or other so-called stunts or acro. batics or maneuvers of a similar nature above the city nor land the same within the city limita unless the written consent of thecity council to so operate or land the same has first been secured, except at the airport under the rules and regu- latious governing the same and in compliance with the laws of the state. (Code 1966, § 3.22.6) I Sea 4.2. Instruction, flying and teat flights_ All persona instructing student pilots in flying on the air- port shall fully acquaint such students with the rules and regulations in effect, on the airport, and shall be responsible for the conduct of students while under their instruction. In addition, they must be made familiar with the air regulations of the Federal Aviation Administration of the U.S. Depart- ment of Transportation. (Code 1966, § 3.22.7) Sea 4.3. Parking and mooring areae, deadline, etc- (A) ta(a) Mooring required; liability. All unhoused aircraft shall be parked in the space designated for this purpose and shall be firmly secured to the ground by ropes and stakes, or other-references—Throwing litter from aircraft prohibited, 4 1648; streets, sidewalks and other public places, Ch. 81. State law reference --Airports, IA,A, Ch. 880. Rupp. No. 26 803 14-8 IOWA CITY CODE �\ wise, when left unattended or during weather conditions which indicate the necessity therefor. Owners of such aircraft shall be held responsible for any damage resulting from failure to properly comply with this rule. (b) Operating linea designated. The plane or operating lines shall be designated by the airport manager. (c) Deadline, regulations. A deadline shall also be desig- nated by the airport manager and no person, excepting a pilot or mechanic attached to the airport or employed by the owner of a plane or an operator on the airport, or an owner of such plane, or duly authorized officers or officials charged with the duty of enforcing. local, atate, or federal laws or regula- tions shall cross the deadline or enter upon the flying field unless he/she is to participate in a flight: If such person Is to participate in a flight he/she shall not cross the dead line until the plane in which he/she is to fly has come to a full atop and the pilot thereof has signaled that be/she is ready. Such a person shall, upon alighting from the plane, leave the landing area by the shortest possible route. „ (d) Deadline mark#d. The deadline will be Indicated by a fence or other suitable markers, and may be changed from time to time as conditions require. (e) Parking apace for autos to be marked. Parking space is available and automobiles and other vehicles, with the ex- ception of vehicles regularly employed in the service of the airport, shall be kept within the confines of this parking space. (Code 1988, ¢ 822.8) i See. 4-4. Violations. (a) It shall be unlawful to violate or refuse to obey any of the rules and regulations of this chapter. (b) Any person operating or handling any aircraft in viola- tion of these rules, or refusing to comply therewith, may be promptly removed or ejected from the airport or be tempo- rarily "grounded" by or under the authority of the airport manager and, upon order of the city, may be deprived of the Supp. No. 25 3" /7G,L 's _.....A.. ._. AIRPORTS AND AVIATTON 1"2 trary to the public interest, but would do substantial justice and be in accordance with the spirit of these regulations and of Chap. ter 329 of the Iowa Code; provided however, any such variance may be allowed subject to any reasonable conditions that the board may deem necessary to effectuate the purposes of Chapter 329 of the Iowa Code, including but not limited to the following: i Any such variance shell be subject to a requirement that the I S person requesting the variance, at such person's own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the pres• ence of an airport hazard; and the reservation of the right of the City of Iowa City and the Iowa City Airport Commission, at their own expense. to go onto the permittee's property to install, oper- ate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport hazard. Any appeal from the decision of the board of adjustment shall be in accordance with the provisions of Section 414.15 et seq. of the Iowa Code. (Ord. No. 549211, 410,11884) JSec. 4.81• Adminidrallou and enforcement. The administration of these zoning regulations shall be per- formed by the appropriate county or city building official, as the case may be. Enforcement of these zoning regulations shall be the responsibility of the Iowa City Airport Commission, or through such persons or representatives as the Iowa City Airport Com. I mission may from time to time direct. However, as provided by # Section 929.13 of the Iowa Code, such duties of enforcement and administration shall not include any of the powers herein dale gated to the board of adjustment. (Ord. No. 84-3211, 111, IJ�M) Sec. 4-82. Equitable remedies. The City of Iowa City or the Iowa City Airport Commission may, as authorized by Section 929.6 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. (Ord. No. 84-3211, ¢ 12, 116.84) Supp. No. 26 997 i 'i 14-83 IOWA CITY CODE Sec. 4.83. Conflicting regulations. In the event of any conflict between these airport zoning regu. latione and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirements shall govern or prevail. (Ord. No. 84.3211, 1113,11-6-84) Sec. 4-84. Prohibited acts. It shall be unlawful for any person to do any of the acts herein- after stated unless a special exception or variance from the provi- sions of these regulations shall have been allowed by the board of adjustment: (1) No person shall erect or increase the height of any struc. ture, or permit the growth of any tree, to a height in excess of that provided by [any] of these regulations for the zone or area where such act occurs. (2) No person shall hereafter place, or cause to be placed, above ground, transmission or distribution linea or poles or other structures supporting the same within two hun- dred (200) feet of the outer boundary of the airport as said boundary is shown on the airport overlay zoning map. (3) No person shall otherwise use property within a zone es- tablished by these regulations in violation of the use re- strictions of these regulations, or in such a manner as to create an airport hazard as defined herein. (Ord. No. 843211, 4 14,11.8.84) Sec. 4-86. Penalties. Each violation of these regulations shall constitute a misde. meanor and the perpetrator thereof, upon conviction, shall be punished as prescribed in section 1.9 of this Code. Each day a violation occurs or continues to exist shall constitute a separate offense. (Ord. No. 84.3211, 4 16,11.8.84) Secs. 4.89-4.89. Reserved. Supp. No. 26 338 171, 'i AIRPORTS AND AVIATION 14-91 ARTICLE VI. SELF -FUELING REGULATIONS* Sec. 4.90. Fueling and inflammables Persons, firms, or corporations operating aircraft on the airport intending to fuel their own aircraft must do so in accordance with the requirements of this article; however, the requirements of this article for self -fueling shall not apply to commercial fueling operations. No person shall use flammable volatile liquids having a flash point of legs than one hundred (100) degrees Fahrenheit in the cleaning of aircraft aircraft engines, propellers, appliances or for any other purposes unless such operations are conducted in open air, or, in a room specifically set aside and approved for that Purpose; which room must be properly fireproofed and equipped with adequate and readily accessible fire extinguishing apparatus, Crees reverence—Cleaning of parts to be with nonflammable liquids, 14$7. The procedures and precautions outlined in the criteria of the National Fire Protection Association, (NFPA Pamphlet No. 410D, i "Safeguarding Aircraft Cleaning, Painting and Paint Removal; ' and NFPA Pamphlet No. 410F, "Aircraft Cabin Cleaning and Refurbishing Operations,") shall be adhered to in all cleaning, painting and refurbishing operations using flammable liquids, including the storage of such fluids. (Ord. No. 85-3233, ¢ 2, 5.7.85) Sec. 4-91. Fueling operations, Aviation fuels may be sold on airport property only by vendors meeting the minimum operating standards provided by section 4.37 of this chapter and having a written lease with the airport commission. Private users may fuel aircraft owned, rented or leased by them, provided such operation is carried on in compli- ance with the requirements for self -fueling as provided in this article. (Ord. No. 85.3233, ¢ 2, 5.7.85) 'Editor's note—In order to avoid duplicating already codified article and section numbers, the editor has redesignated as Art, VI, U 4.90-4•98, the mate. ' Hot originally enacted by Ord. No. 85.3233 as, Art. V, 114.80-4.98, Supp- No. 25 339 174Z I I_; r 14-92 IOWA CITY CODE Sec. 4.92. Fueling and defueling aircraft. _. The following general rules shall govern the refueling, defueling, oil service and sumping of aircraft, the placing of fuels in storage tanks or dispensers: (a) No aircraft shall be refueled, defueled or oil serviced while aircraft engines are running, or aircraft is being warmed by application of heat or while such aircraft is in a closed hangar or a congested or an enclosed space. (b) No person shall smoke or permit any open flame within one hundred (100) feet of any aircraft undergoing fuel service. Cron reference—Smoking end use of matches restricted, 64-66. (c.) Prior to the fuel servicing of any aircraft, it and the fuel dispensing equipment shall be grounded to a point or pointe of zero electrical potential, when complete; in the reverse order to prevent the possibility of static ignition of volatile liquids. As a minimum, the refueling unit shall be grounded to aircraft. When feasible, however, the following ground- ing sequence is preferred: (1) Aircraft to apron or ground. (2) Refueling unit to ground. (3) Refueling unit to aircraft. (4) Refueling nozzle to aircraft. The foregoing procedure necessarily modified will apply to storage dumping and the filling of dispensing equipment. (d) When malfunction of refueling equipment is detected, all refueling shall cease immediately and the malfunction rem- edied or entire unit replaced by another. Any malfunctions or irregularity detected on or within the aircraft being serviced will be brought to the attention of the aircraft owner or operator immediately. (e) Crewe engaged in the fueling and defueling of aircraft, the filling of dispensing equipment or dumping into storage with aviation fuels shall exercise extreme caution to pre- vent spills. When spills occur, servicing will cease and spills will be washed down, removed or absorbed with suit- able material. Supp No. 26 340 /'74Z 111 I AIRPORTS AND AVIATION 1492 M Fueling pumps, meters, hoses, nozzles, fire extinguishers, and grounding devices will be kept in first class condition at all times. (g) During fuel handling operations in connection with any aircraft, a CO, or approved dry chemical fire extinguishers (lb pounds or larger) shall be immediately available for use in connection therewith. (h) No person shall perform or allow performance of any refu- eling operation during an electrical storm. (i) No person shall operate any radio transmitter or receiver or switch electrical appliances off or on in an aircraft dur- ing fueling or defueling. 0) No person shell use any material or equipment during fueling or defueling of aircraft which is likely 6 cause a spark or ignition. ed No person shall start the engine of any aircraft when there ��. is any aircraft fuel on the ground under such aircraft. `J 0) All hoses, funnels and appurtenances used in fueling and defueling operations shall be equipped with a grounding . device to prevent ignition of volatile liquids if so equipped from the manufacturer. (m) No aircraft shall be fueled or defueled while passengers are on board the aircraft unless a passenger loading ramp is in place at the cabin door of the aircraft, the aircraft door is in open position and a cabin attendant is present at or near the cabin door. (n) No airborne radar equipment shall be operated or ground tested on any area wherein the directional beam of high intensity radar is within three hundred (300) feet or low intensity radar cess than 60 KW output) is within one hundred (100) feet of another aircraft, an aircraft refueling operation, an aircraft refueling truck or aircraft fuel or flammable liquid storage facility. (o) During refueling or defueling, fuel handling vehicles shall be so placed so as to be readily removable in event of fire, Supp. No. 25 341 I s i 14-92 IOWA CITY CODE and so as to permit direct driving away from the loading or fueling position. No more than one refueler shall be posi. tioned to refuel each wing of an aircraft and not more than two (2) refuelers shall be positioned to serve the same aircraft. When high capacity aircraft are refueled, addi- tional refuelers shall not be parked or positioned within one hundred (100) feet from the aircraft serviced and then only in areas approved by the director of aviation. (p) Each fuel handling vehicle shell be conspicuously marked in letters of contrasting color, with the word "Flammable" on both sides and rear of the cargo tank in letters at least six (6) inches high, and with the wording "Emergency Shut Ofr' and other appropriate operating instructions required at the emergency operating devices in lettere at least two (2) inches high. Each fuel handling vehicle will also be conspicuously marked on both sides and rear with the type and grade of fuel it contains. (q) Each fuel handling vehicle shall meet all requirements of the Uniform Fire Code adopted by Iowa City Code regard. ing fueling on airports. (r) A lease with the airport commission for the space required to store the refueling vehicle must be obtained before stor. ing of said vehicle on airport property. (Ord. No. 85-3233, 12, 6.735) Sec. 4.93. Storage. No aviation fuels may be stored on airport property except in the storage compartments of fuel handling vehicles and/or in underground storage tanks as provided in section 4.98 of this article. (Ord. No. 85.3233, $ 2,5-7-85) Sec. 4.94. Uqufd disposal. No fuels, oils, dopes, paint, solvents or acids shall be disposed of or dumped in drains, on the ramp areas, catch basins or ditches or elsewhere on the airport. (Ord. No. 85.3233, ¢ 2, 5.7-86) Crow refemnee—Dischage of petroleum derivatives to public sewen, 133.76. Supp. No. 25 342 l9G.z. I i AMPORTS AND AVIATION 4 4-98 Sec. 4-95. Cleaning floors. Floors shall be kept clean and free from oil. The use of volatile flammable solvents for cleaning floors is prohibited. (Ord. No. 85.3233, ¢ 2, 5.7.85) Sec. 4.98. Drip plans. If required by aircraft designs, drip pane shall be placed under motors and kept clean at all times. (Ord. No. 85.3233, 4 2, 5.7-85) Sec. 4.97. Compressed gases. No cylinders or flasks of compressed flammable gases shall be stored in hangars. (Ord. No. 85.3233, 4 2, 5.7.85) Sec: 4.98. Underground storage tanks. Persons, fume, or corporations operating aircraft on the airport and electing, with the permission of the airport commission, to install buried storage tanks to fuel their own aircraft must meet the following minimum standards: . (a) Land Said person, firm, or corporation (hereinafter in this section referred to as "lessee") must secure a lease from the airport commission which leasehold shall contain a sufficient area to provide space for all buildings, aircraft parking, paved ramp area, fuel farm, and motor vehicle parking. All land shall be leased from the airport commis. sion. Access to airport property from privately owned land (commonly referred to as "through -the -fence" operations) is strictly prohibited. (b) PersonneL One properly trained person shall be on duty during all hours of operation as provided for by the Uni. form Fire Code (Articles 24 and 79). (c) Services The lessee may hangar, adjust, repair, refuel, clean and otherwise service his own aircraft, provided he does so with his own employees in accordance with the established standards of the airport commission relating to such work. This would not prevent lessee from hiring outside mechanical labor inasmuch as adequate service Supp. No. 25 343 I i 9 M 14.98 IOWA CITY CODE could not be obtained by existing lessees of the airport commission. (d) Fuel facilities. One metered filter -equipped dispenser for dispensing aviation gas and/or jet aviation fuels from bur. ied storage tanks having a sufficient capacity to meet the lessee's demand as addressed in FAA Advisory Circular, FAA AC No. 160/6230.4 (and revisions) and the Uniform Fire Code (Articles 24 and 79). (e) Aircraft fueled. Only aircraft owned, rented or leased by the lessee may be fueled from the lessee's fueling facilities. (f) Fuel quality control program All storage facilities shall be maintained and operated by the lessee in accordance with all EPA, federal, state, local and Uniform/National Fire Code provisions covering fuel storage and dispensing on airports. The applicable sections of FAA Advisory Circular No. 150/5230.4 (and revisions) and the Uniform Fire Code (Articles 24 and 79) shall be followed. (g) Hours of operation. The normal operating hours will be at the discretion of the lessee. (h) Insurance coverage Lessee shall provide the following min - imam insurance coverage (and shall provide proof of such to lessor): Comprehensive public liability and property damage: Bodily injury. One hundred thousand dollars ($100,000.00) each person; one million dollars ($1,000,000.00) each accident. Property damage: One million dollars ($1,000,000.00) each accident. (I) [Hoki-harmless clause] The land lease shall include a clause that holds the City of Iowa City and the Iowa City Airport Commission harmless of any liability resulting from the operation of the self fueling facility. (Ord. No. 86.3233, 4 2, 6.7.86) Crow rererance—Storage zonae for Danuneblm, combustibles, 112-28 at seq. Supp. No. 26 344 [The next page Is 962) /7G,z 11 :1 ��. HUMAN RIGHTS 1 184 sion and resides or transacts business within the county. (h) Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa Administrative Procedure Act. Notwithstanding the terms of said Act, petition + for judicial review may be filed in the district court in which an enforcement proceeding under subsections (a) and (b) may be brought. For purposes of the time limit for filing a petition for ; judicial review under the Iowa Administrative Procedure Act, the issuance of a final decision of the commission under this chapter occurs on the date notice of the decision is mailed by certified mail to the parties. Notwithstanding the time limit provided in Section 17A.19, subsection 3 of said Act, a petition for judicial review of no probable cause decisions and other final agency actions which are not of general applicability must be filed within thirty (30) days of the issuance of the final agency action. (Code 1966, 4 10.2.17; Ord. No. 77-2830,11,4-19-77; Ord. No. 80169,12,1-17-84; Ord. No. 84-3185,13,5.22-84; Ord. No. 85-3232,12,4-945) Supp, Na 25 1261 rHu vert pogo is 12971 9 _ _.. .',. _.. y u �\ MOTOR VEHICLES AND TRAFFIC § 23-160 — thereof at a safe distance and shall not again drive to the right aide of the roadway until safely clear of the overtaken vehicle. (b) Duty of overtaken driver. The driver of an overtaken vehicle shall give way to right hand lane on audible signal and shall not increase the speed of his/her vehicle until com- pletely passed by the overtaking vehicle. (c) Passing on the right. The driver of a vehicle may over- take and pass upon the right of another vehicle which is making or about to make a left turn or when the roadway is land for at least two (2) lanes of traffic In that direction and such movement can be made in safety. (d) Duty to yield. When any vehicle is traveling at less than the maximum permissible speed in an area for reasons other than traffic conditions, upon audible signal from follow- ing vehicles, such vehicle shall move to the right and allow such following vehicles to overtake. (Code 1866, if 6.12.1, 6.12.2, 6.12.4; 6.12.6; Ord. No. 77-2835,111,5.10-77) i� Stag law reteresea- Simnar provislona; I.C.A. §I ULM, 521.802. Sea 23-15L Crorieg yellow lines. No vehicle shall crone a yellow lane marker line at any time when such line appears on the right alde of the center line or when the center line is composed of a double yellow line. This section shall not be construed to prohibit the crossing of the center line when making a left turn into or from a street, alley, private road or driveway. (Code 1866, $ 6.08.12; Ord. No. 77.2835,§ 11,5-10-77) State law ratcrence--Simllar pmblons, I.C.A. § 521,804, Sea. 23.153— .MIb9. Reserved. DIVISIONS. RIGHT-OF-WAY Sea 23.160. Authority for stop signs and yield signs. The city traffic englneer is hereby authorized to erect and maintain atop signs, yield signs, or other official traffic con- trol devices to designate through streets or to designate inter- sections or other roadway junctions at which vehicular traffic Supp, No. 25 11168 176,2- I 'S 123-160 IOWA C17Y CODE on one or more of the roadways shall yield or stop and yield before entering the intersection or junction. (Code 1966, § 6.20.1; Ord. No. 77-2835,611,5-10.77) Sec. 23.161. Operator's responsibility to stop and yield at stop intersection. The driver of a vehicle approaching a stop intersection indi. cated by a stop sign shall stop at the first opportunity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection or at the point nearest the inter. secting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the inteisec. tion. Before proceeding, the driver shall yield the right-of-way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. (Code 1966, § 6.20.11; Ord. No. 77.2835, § 11, 5.10.77; Ord. No. 85.3236, § 2,5-21-85) State law reference—Sim{ler I'Misiom, I.C.A. 4 321.322. I Sea 23-162. Operator's responsibility to yield at yield signs. The driver of a vehicle approaching a yield sign shall, in obedience to such sign, the existing conditions ror shall stop if necessary reasonable andlshall Yield the right-of-way to any pedestrian legally crossing the roadway on which he/she Is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute a hazard. Said driver having so yielded may Proceed with caution. (Ord. No. 77.2835, § 11, 5.10.77) State law refercece-_similar pmvieiom, LC.A. 1 $21.346. Sea 23.163. Entering arterial highway. Every operator of a vehicle, streetcar or other conveyance traveling upon any street Intersecting any arterial highway, shall bring such vehicle, streetcar or conveyance to a full stop at the place where such street meets the prolongation of ScPA No. 26 1684 17Y" I \. MOTOR VEFUCLES AND TRAFFIC 129.169 �--' the nearest property line of such arterial highway, subject, however, to the direction of any traffic control sign or signal or any police officer at such intersection; and shall not pro- ceed until he/she can do so without danger of eollislon. In such instances the operator of a vehicle on any arterial high- way shall have the right-of-way. (Code 1966, § 6.08.9; Ord. No. 77-2935,911,5-10-77) State law reference—Similar provisions, LCA. J 821.Ul. Supp No. 25 1664.1 I i t I i i i i I 17G.z I �\ MOTOR VEHICLES AND TRAFFIC 123-189 Maximum Name of Street speed limit (mph) Where limit applies of Hudson Avenue to the intersection of U.S. High- ways 6, 218 and Highway 1. Iowa Highway 1 (Burling- 26 From its intersection with ton Street) Highways 218 and 6 to a point one hundred and fif- ty (160) feet east of Van Buren Street. Iowa Highway 1 46 From the intersection of N. Dubuque Road to a point six hundred (600) feet south of the city limits. Iowa Highway 1 66 From a point six hundred (600) feet south of the city J limits to the city limits. Melrose Avenue ' 35 From the intersection with Emerald Street to west to the west city limits. Mormon Trek 36 From the intersection of Melrose Avenue to the city limits. Muscatine Avenue 36 From a point one hundred (100) feet east of the inter- section with Juniper Drive to the city limits. Park Road 25 From the intersection with Rocky Shore Drive east to the intersection with North Dubuque Street. Supp. No. 28 J 11569 /76.z 123189 IOWA CrrY CODE Maximum Name of Street speed limit (mph) Where limit applies Rochester Avenue 35 From the intersection with First Avenue east to the city limits. Rohret Road 35 From the intersection with Mormon Trek Boule- vard west to the city limits. Scott Boulevard 35 From the intersection with Court Street south to U.S. Highway 6. Sycamore Street 30 From the intersection with U.S. Highway 6 south to Gleason Avenue. Sycamore Street 30 From the intersection with Burne Avenue south to the city limits. U.S. Highway 6 55 From the city limits to a point one hundred (100) feet east of Industrial Park Road. U.S. Highway 6 45 From a point one hundred (100) feet east of Indus- trial Park Road to a point seven hundred (700) feet east of the intersections of U.S. Highway 6, U.S. Highway 218 and Iowa Highway 1. U.S. Highway 6 30 From a point seven hun- dred (700) feet east of the intersection of U.S. High. ways 6, 218 and Iowa Highway 1 west and north to a point one thou- 8upp. No. 25 1570 /7Gz I i MOTOR VEHICLES AND TRAFFIC 123-189 Name of Street speelimit M h) P Where limit applies sand one hundred fifty (1,160) feet west of the in. tersection with Riverside Drive. U.S. Highway 6 35 From a point one thou- sand one hundred fifty (1,150) feet west of the intersection with River- side Drive, west to the city limits. U.S. Highway 218 50 From the south city limits to a point one thousand six hundred (1,600) feet north of the south city limits, U.S. Highway 218 46 From a sand six hundred (1oint one ,600) feet north of the south city limits to a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1. U,S, Highway 218 30 From a point eight hun- dred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. (Ord. No. 77.2835, § D, 5.10.77; Ord. No. 78.2929, § 2, 10-24.78; Ord. No. 81.3030, § 2, 7.28.81; Ord. No. 823059, § 2, 4.27.82; Ord. No. 83.3156, § 2, 10.25.83; Ord. No. 84.3168, 12, 1.1734; Supp, No. 26 1571 i i 4 23.189 IOWA CITY CODE\� Ord. No. 843190, § 2,6-19434; Ord. No. 84-3192, § 2,7-3-84; Ord. No. 86.3221, § 2,1.16.86; Ord. No. 86.3236, § 2, 6.21.86) See. 23.190. Control of vehicle. The person operating a motor vehicle or motorcycle shall have the same under control and shall reduce the speed to a reason- able and proper rate: (1) When approaching and passing a person walking in the traveled portion of the public highway. (2) When approaching and passing an animal which is being led, ridden, or driven upon a public highway. Supp. Na 25 1572 y I IMEETS, SIDEWALKS, PUBLIC PLACES 1314 Sea 31.3. Games in streets. No person shall play baseball or football or throw balls, snowballs, or other mtaeiles upon any street, alley, or public WRY. (Code 1966, § 7.18.18) Cron references—Use of wastem, rollers skates, etm, p 23.2; play streets, t 23.141. Sea 31.4. Obstructing streets. No person shall place any wood, stone, earth, lumber, ma• terial, or any other obstruction on any street, sidewalk, alley, Parking, or public ground, except in accordance with ordi- naneee authorizing and providing for the same. (Code 1966, $ 7.18.14) See. 31.5. Driving or riding animals. No person shall drive or ride any animal not thorough, under control on any street, alley or public ground. (Code 1966, ¢ 7.16.16) Cron reference—Livestock at large, 17.4. Sea 31.6. Feeding animals on streets. No person shall feed any animal along any street or alley by allowing it to graze or by feeding it at or from a wagon or otherwise. (Code 1966, ¢ 7.18.17) Sec. 31.7. Uncovered openings. No person shall leave open or in an insecure condition i any cellar door, grating, or covering to any areaway, stair. - WIRY, coal hole, or other opening in any sidewalk, street, or alley. (Code 1966, ¢ 7.18.19) Sea 31.8. Grades of streets, avenues and alleys—Reference datum. The grades of all streets, avenues, and alleys along the center lines thereof are and shall be reckoned is feet and decimate thereof above a certain reference datum, which datum Is one hundred (100) feet below a certain bench mark SUPP. No. 25 2123 :111 1 214 IOWA CITY CODE on a stone monument which stood at or near the southeast corner of the University Square prior to the adoption of Ordinance No. 509. To perpetuate such datum, the following Hat of bench marks with elevations referred thereto is hereby made a part of this chapter: SUI BPM 1. Old Stone Capitol, on top of granite block at northwest corner of steps at west entrance; bronze tab• let marked "University of Iowa B.M." 110.15. SUI BPM t. Muscatine Avenue near junction of Court Street, on west abutment north of west end of north handrail of bridge over Ralston Creek, bronze tablet, marked "University of Iowa B.M." 80.49. SUI BPM J. State University of Iowa, General Hospital on top step at west side of main entrance; bronze tablet, marked "University of Iowa B.M" 186.99. SUI BPM 4. On Dubuque Street, about five -tenths (0.6) mile north of business district, on north end of east abutment of City Park bridge over Iowa River; bronse tablet marked "University of Iowa B.M." 64.45. SUI BPM s. Junction of South Dubuque Street and Kirk- wood Avenue, on top of west end of south handrail of bridge over Ralston Creek; bronze tablet marked "Uni- versity of Iowa B.M."' 60.46. (Code 1966, § 9.60.1) See. 51.9. Ssaa—Heigkt. The height of grade of streets, avenues and alleys above the datum plane referred to in section 81-9 shall be as set forth by ordinance for the various pointe specified. (Code 1966, § 9.60.2) Sec. 51.10. Prohibited surface materials in the area be- tween the traveled or paved area of the street right-of-way and the abutting private prop- erty line. Within the area of the city bordered by Church, Dodge, Bowery and Madison Streets, no person shall place or allow to be placed Sapp, No. 25 2124 /7t.Z. 1s STREETS, SIDEWALKS, PUBLIC PLACES 131.25 any loose rocks, stones, gravel, or similar loose substances as a surface material in the area between the traveled or paved area of the street right-of-way and the abutting property line. The director of public works shall adopt administrative regula. tions which describe acceptable surface materials and establish policies and procedures for their placament and maintenance. (Ord. No. 82.3060, 5 2, 4.27.82; Ord. No. 83.3120, 12, 5.24-83; Ord. No. 85.3234, 4 2, 5.14.85) Secs. 31.11-31.20. Reserved. ARTICLE IL EXCAVATIONS DIVISION 1. GENERALLY Sec. 31-21. Short title. This article shall be known as the "Street Excavation Ordi. nance of the City of Iowa City, Iowa." (Ord. No. 77-2849, 4 1, 7-26.77; Ord. No. 85.3237, $ 2,5-21-85) Sec. 31.22. Definitions. For the purposes of this article, the following words shall have the meaning given: (a) City shall mean the City of Iowa City. (b) Director shall mean the city manager of the city or his/her authorized representative. (c) Excavation shall mean any opening in the surface of a public place made by any means. (d) Person shall mean any person, firm, partnership, associa. tion, corporation, company or organization of any kind. (e) Public place shall mean any public street, way, place, alley, sidewalk, park, square, plaza, and city -owned right-of-way or any other public property owned or controlled by the City of Iowa City and dedicated to public use. Sapp. No. 25 2125 /;71-z I 131.22 IOWA CITY CODE (f) Specifications shall mean the latest edition of "Standard Specifications for Highway and Bridge Construction," Iowa Department of Transportation, Ames, Iowa. (g) Substructure shall mean any pipe, conduit, duct, tunnel, i manhole, vault, buried cable, or wire or any other similar structure located below the surface of any public place. (h) Utility shall mean any public utility regulated by the Iowa Commerce Commission, persons holding a franchise from the city, and other similar persona. (Ord. No. 77.2849, § 2, 7-26.77; Ord. No. 86$237, § 2, 6.21$6) Sec. 31-23. Performance deposits. Performance deposits are required for any excavation in a pub• lic place. Deposits required under this section shall be a cash security. (a) Purpose of deposits All special or annual deposits shall serve as security for the performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to complete the work under the excavation permit. (b) Special deposits: The application for an excavation permit shall be accompanied by a deposit, made in accordance with a rate schedule adopted by city council resolution. (c) Annual depositor In lieu of individual special deposits, any person intending to make excavations in public places shall maintain, with the city treasurer, an annual deposit in accordance with a rate schedule adopted by city council resolution. (d) Refund of special deposits: Upon approval by the director of the work covered by the permit, two-thirds of the special deposit shall be promptly refunded to the permittee, and the balance shall be released to the permittee one year later. (e) Refund or reduction of annual deposita•Upon request, two. thirds of any annual deposit shall be refunded at the end of Supp. No. 26 2126 �J /Xz ,a ■ 's I STREETS, SIDEWALKS, PUBLIC PLACES 191.21 the one-year period for which the deposit is made. The balance of the annual deposit shall be released one year later. If no refund request is received, the deposit shall be carried over for use as all or part of the annual deposit the following year. - (f) Use of deposits: Deposits shall be used to pay the coat of any work the city performs to restore or maintain the public places in the event the permittee fails to perform the work as required in this chapter. The amount released to the permittee shall be reduced by the amount expended. Work done by the city shall be at uniform fees based on labor, material, and overhead expense. Notwithstanding the foregoing, if the deposit is not sufficient to cover the coat of work by the city, the permittee shall be personally liable for the balance of such costs. (Ord. No. 77-2849, 4 6, 7.26.77; Ord. No. 85.3237, 4 2,5-21-85) Sec. 31.24. Traffic control. (a) No permittee under Division 2 of this article shall interrupt access to and from private property, �. p ' p party, black emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water. valves, underground vaults, valve housing structures, or any other vital equipment as designated by the director. If a street closing is required, the applicant will request the assistance and the ap. j proval of the director. It shell be the responsibility of the per. mittee to notify and coordinate all excavations with the police, fire, and transit departments and Jortroson County ambulance service, (b) The permittee shall take appropriate measures to assure that traffic conditions as near normal as possible are maintained at all times. (c) Type I and type II barricades, as defined in Part VI of the Manual of Uniform Traffic -Control Devices, must be used when- ever it is necessary to close a traffic lane or a sidewalk. Barri- cades are to be supplied by the permittee. If used at night, they 1 must be refleckorized and must be illuminated or have barricade warning lights. 6uPP• No. 25 2127 .IF 031-24 IOWA CITY CODE (d) As a general guide for all maintenance and construction signing, Part VI of the Manual on Uniform Traffic -Control Devi- ces shall be used. The permittee shall illustrate on the excava- tion permit the warning and control devices proposed for use. At the request of the director, such warning and control devices shell be increased, decreased or modified. (e) Oil flares or kerosene lanterns are not to be allowed as means of illumination. (Ord. No. 77.2849, 5 7, 7.26.77; Ord. No, 85-3237, 4 2, 5-21$5) Crow reference—Motor vehicles and traaic, Ch. 23. Sec. 31.25. Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed an any paved surface. Tracked vehicles are not permitted on paved surfaces unless specific pre. cautions are taken to protect the surface. The permittee under Division 2 of this article will be responsible for any damage to existing pavement caused by operation of such equipment and, upon order of the director, shall repair such surfaces damaged by excavation equipment. Failure to do so will result in use of the performance deposit to repair any damage, (Ord. No. 77.2849, lj 8, 7.26.77; Ord. No. 85-3237, ¢ 2, 5.21-85) Sec. 31.26. Protection of adjoining property. The permittee under Division 2 of this article shall protect from injury an adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at his own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the excavation work, and shall be responsible for all damage to public or private prop- erty or highways, resulting from failure to properly protect and carry out excavation work. Failure to follow the provisions of this section will result in the use of the performance deposit to repair damage. (Ord. No. 77.2849, Q 9, 7.26.77; Ord. No. 85.3237, ¢ 2, 5.21.85) SUPA No. 26 2128 OW 17s: -V z s SME78, SIDEWALKS, PUBLIC PLACES 4 31.29 Sec. 31.27. Relocation and protection of utilities. (a) The permittee under Division 2 of this article shall notify the owners of all facilities in the excavation area at least one day prior to excavating except as provided in section 31-36. The cost of moving facilities shall be paid by the permittee (b) The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be affected by the excavation work. The permittee shall determine the existence of all underground facilities within the excavation area by exposing prior to machine digging and protect the substructures against damage. (Ord. No. 77-2849, ¢ 10, 7.26.77; Ord. No. 86.3237, ¢ 2, 6.21$6) Sec. 31.28, Backfilling of excavation under or within two feet of paved surfaces- The trenches for all substructures that lie under paved sur. fares and traveled ways or within two (2) feet of paved surfaces shall be backfilled with excavated material to required grade in layers not to exceed six (6) inches, and each layer shall be com- \� parted to ninety (90) per cent of modified proctor density. Granu- lar backfill meeting city specifications may also be placed by any No . 77.2849, § ure which 1 7.26 77; Ord. No86 3237, 4 2,5-21-85) cent n. (Ord. I Sec. 31.29, Backfilling of unpaved areas and parkways. (a) Excavated soil shall be carefully deposited and satisfacto. { rily tamped in uniform layers not greater than six (6) inches in thickness until the backfill reaches the top of the substructure. The remainder of the trench shall be backfilled in uniform layers not exceeding twenty-four (24) inches in thickness, and satisfac- torily tamped to within one foot of the surface. The backfilling operation shall continue with soil until the backfdl remains alightly above by the ground level. Excess material shall be disposed of. (b) Granular backfill meeting city specifications used; however, soil shall be used for the 1 w] e ( 2) i chew also of backfill. (Ord. No. 77-2849, 1112, 7.26.77; Ord. No. 86.3237, 5 2, 6.21$6) Sapp Na 26 2129 /7G z 131-30 IOWA MY CODE See. 31.30. Repair of surface (a) The director may specify the type of resurfacing re. quired for any excavation; however, in the absence of spe- cific direction from the director, the following specifications shall be used for resurfacing of an excavation: (1) High We aephatt streets. The pavement shall be neatly sawn one foot back from each aide of the excavation and removed to a depth necessary to reach undisturbed i subbase or soil. A concrete patch equal to the thickness of the O'thick, dating pavement, but in no case lees than six shall be placed in the excavation and brought up to a point two (2) inches below the final surface. The permittee will complete the excavation with two (2) inches of asphalt. The concrete patch used in the excavation work shall be an M4 mix and the patch shall be placed according to all applicable sections of the Specifications. (2) Conerefs streets. The pavement shall be neatly sawn and removed one foot back from each aide of the excavation to a depth necessary to reach undisturbed subbase Boll. If a construction or expansion joint is within five (6) feet of the edge of the patch, the surface shall be removed back to this joint. A concrete patch equal to the thickness of the existing pavement but in no case less than six (6) inches thick shall be placed using an M4 mix and the patch shall be placed and cured ac- cording to all applicable specifications. (3) Brick streets, Excavations in brick streets shall be repaired using the original brick or other brick suitable for a tray. eled surface. A minimum seven-inch concrete base shall be poured using an M4 mix. Above this, a sand -cement Cush. ion one inch thick shall be adjusted so that when the bricks are paved and rolled, the top Surface of the bricks will be at the required finished grade. The joints between the bricks shall be hand tight and shall be no greater than one-fourth NO inch. A dry mixture of one part Portland cement and three (3) parts send shall be spread over the SUPA Na 26 2130 /7K.L II �\ STREETS, SIDEWALKS, PUBLIC PLACES 131-31 top of the patch until the joints are completely filled. The surface then shall be fogged lightly with water. (4) Low type streets. When a street consists of a seal coat, dust seal or other thin, low type surface, an asphalt patch at least two (2) inches thick shall be placed. The asphalt shall be rolled with a rubber tired vehicle until a dense, tight surface is obtained. (6) Sidewalks, driveways, curbs and gutter, other struc- tures. Whenever an excavation cute a sidewalk, drive- way, curb and gutter or other structure, the excavation shall be backfilled as described in section 31-28. A neat saw cut shall be made one foot back from each side of the excavation to undisturbed soil; however, on sidewalk, the pavement shall be removed beck to the nearest contraction or expansion joint. All broken or spilled concrete or structure material shall be removed and the surface shall be replaced using an M4 mix and cured according to all applicable specifications. (6) parkways and other unpaved areas. The surface of culti- vated grass areas shall be seeded. It. is the responsi- bility of the permittee to establish a good stand of grass. The area shall be left free from debris and clods. On steep embanlunents or upon request of the director, sod or other erosion control techniques shall be used for restoration. (7) Saw cuts All saw cuts are to be made to a depth of two (2) inches or deeper. The remainder of the slab shall be bro- ken off below that point in a vertical plane. Saw cute shall form a rectangle around the excavation. (b) Boring or other methods to prevent cutting of pavement will be required upon request of the director. (Ord. No. 77.2849, 4 13,7-26-77; Ord. No. 79.2968, 4 IA—C, 9.11.79; Ord. No. 86.9297, 4 2, 6.21.85) Sec. 91-31. Time of completion. All excavation work and backfilling covered by the permit issued under Division 2 of this article shall be completed in a Supp. Na 25 2131 �i i i 13151 IOWA CITY CODE Prompt manner as determined by the directorAfter completion Of the excavation and backfill work, restoration of the surface shall be completed within fourteen (14) days unless a time exten. sion is granted by the director. (Ord. No. 77.2849, ¢ 14, 7.26.77; Ord. No. 86.3237, 4 2, 6.21.86) Sec. 3132. Noise, duet and debris. Each permittee under Division 2 of this article shall conduct excavation work in such manner as to avoid unnecessary incon. venience and annoyance to the general public and occupants of neighboring property. In the performance of the excavation work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No work shall be done between the hours of 10:00 P.M. and 6:00 a.m., except with the express written permission of 2848, 4 16, 7h-26.77; Ord. . No. 85-3237 ¢ 2, 6of an .435) (� No. a'o" terereeme—Note at work eita,124.45. Sec. 31 -ft Inspection. Random inspections may be made Of procedures described in this article and the permittee under Division 2 of this article shell correct hie procedure if so ordered by the director. Failure to do so will result in use of the performance deposit to correct or complete work. (Ord. No. 77.2849, 416, 7-26.77; Ord. No. 853237, $ 2,5.21-85) Sec. 31.34. Clean-up, As the excavation work progresses, all public rights-of-way and Private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All clean-up operations shall be done at the expense of the permittee under Division 2 of this article. If the permittee fails to clean up within twenty-four (24) hours euhrthe director shall aeo�anerk to be dnSuch shall be paid for with the performance deposit.. (Ord. No. 77-2849, ¢ 17, 7.26.77; Ord. No. 86.3237, 4 2, 6.21.86) Supp• No. 25 2132 I R Is STREETS, SIDEWALKS, PUBLIC PLACES 03145 See. 31-M. Trenches in pipelaying. Except by special permission from the director, no trench shall be excavated more than three hundred (300) feet in advance of Pipe laying nor left unfilled more than one hundred (100) feet where pipe has been laid. (Ord. No. 77.2849, 4 18, 7.26.77; Ord. No. 85.3237, 4 2, 5.21.85) Sec. 31-36. Emergency excavation. Nothingin this article shall be construed to prevent excava- tions that may be necessary for the immediate preservation of life or property. The person making excavation shall apply to the director for a permit on the first working day atter such work is commenced. (Ord. No. 77.2849, 4 19,7-26-77; Ord, No. 85.3237, 4 2,5.21-85) Sec. 31.37. Preservation of monuments. The permittee under Division 2 of this article shall not disturb any surface monuments or hubs found on the line of excavation work unless approval is obtained from the director. (Ord. No. 77-2849, 120, 7.26.77; Ord. No. 85.3237, 4 2, 5.21.85) Sec. 31.38. Exemption. In performing a public function regarding the excavation of a public place, the city, its departments, divisions, employees and contractors shall be exempt from the provisions of this article. (Ord. No. 85.3237, 6 2, 5.21.85) Secs. 31.3"1.14: Reserved. DIVISION 2, PERMIT* Sec. 3145. Required; exception. All persona making or filling any excavation in any public place shall first obtain a permit from the director except as pro- i vided in section 31.36. Permits shall be obtained at least the day i -Cron roferonea—Limnsss and miscellaneous buainen regulations, Ch. 21. Supp, No, 25 2133 i i I I I 4 9145 IOWA CITY CODE Prior to making an excavation. No excavation permit is required for substructure installation in a new subdivision prior to accep- tance of the street improvements by the city. (Ord. No, 77.2849, 4 3, 7.26.77; Ord. No. 85.3237, ¢ 2, 5.21.85) Sec. 31.46. Application. No excavation permit shall be issued unless a written applica- tion is submitted to the director on a form provided by the city. The application, when approved, shall constitute a permit. (Ord. No. 77-2849, 4 4,7-26-77; Ord. No. 85.3237, 4 2, 5.21-85) Sec. 3147. Certificate of insurance. Before an excavation permit is issued, the applicant shall de- posit with the city a certificate of public liability insurance in such amounts as may be determined by the city council from time to time by resolution. The certificate of insurance shall list the City of Iowa City, Iowa, and its officers, employees and agents, as additional named insureds. (Ord. No. 77.2849, ¢ 5, 7-26.77; Ord. No. 85.3237, 5 2, 5.21.85) I 1 Sees, 3145--,41.58. Reserved, \J ARTICLE III. CURB CUTS DIVISION 1. GENERALLY Sea 31.59. Driveway width restrictions. (a) No driveway from the street onto private property shall exceed twenty-four (24) feet to width as measured along the outside sidewalk line except that on streets marked as perma. nent state or federal highway roads, a driveway approach may be constructed with a maximum width of thirty-six (86) feet upon approval of the city engineer. Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least twenty (20) feet space between the driveways. The side edges or curbs of driveways shall be at right angles to street curbs. Supp. No. 25 2134 I y STREETS, SIDEWALKS, PUBLIC PLACES 13141 (b) For the purpose of constructing a driveway no curb opening or section broken out or removed shall exceed forty- two (42) feet. (Code 1966, § 9.60.6C, D; Ord. No. 2436) Sec. 31.60. Proximity of driveways to corners and property lines. No portion of a driveway except the curb return shall be con- structed within twenty (20). feet of a corner and in no case closer than three (3) feet to the property line as extended, except when a common driveway agreement has been reached with adjacent property owners. (Code 1966, § 9.60.613; Ord. No. 2436) Sec. 31.61. Modification of footage requirements. The footage requirements set out in sections 31-69 and 31-60 may be modified as follows: (1) Appeal to the board of adjustment may be taken by any person which seeks a variance in curb cuts within the J corporate limits of the city which shall exceed the standards set forth in such sections. The applicant, in his/her appeal, shall state the reasons for which he/ she seeks the variance. (2) The board shall fix a reasonable time for the hearing of the appeal and shall give not less than fifteen (16) days public notice thereof by the posting of not less than one sign of at least six (6) square feet in area, with a- white background and black letters and at least three (3) inches high, containing notice of the hearing, in a conspicuous place, on or near the property for which the application for variance is made and by publication of a. notice in a newspaper of general cir. culation in the city, as well as due notice to the parties in interest, which notices shall contain a description of the variance requested. Any party may appear at such hearing in person, by agent or by attorney, to speak for or against the proposed variance. The board of ad- justment shall determine the matter within thirty (30) days of the time of the hearing. Supp. Na 25 2134.1 y I i i r I 1 .j Chapter 35 VEHICLES FOR HIRE' Art. L In General, 1135.1--9515 Art. IL Taxicabs, 44 55.18—,9640 Div. 1. Generally, 44 2536-3535 Div. 2. Norsedrawn Vehicles, 442537-3540 ARTICLE I. IN GENERAL Secs. 35-1-35.15. Reserved. ARTICLE H. TAXICABSt DIVISION 1. GENERALLY Sec. 35.16. Definitions. The following words and phrases, when used in this article, shall have the meanings as set out herein; City manager means the city manager or his/her designate. 'Cron refereaces—Placing handbills in vehicles, 1 3.20; throwing litter from vehicles, 115-82; motor vehicles and traffic, Ch. 28; designa- tion of public carrier atop@ and stands, 123-290; parking of buses and taxicabs regulated, 1 28.291; use of bus and taxicab @tend@ restricted, 623-292. State law rafema Authority to license and regulate operation of vehicles offered to public for hire, LCA. 1821.2841(7). tFAtor's note—Ord. No. 823089, adopted July 6, 1982, repealed Art. If, which had cond" of a general provisions division, 11 Si16-.3526, and a divi. sion concerning certificates of public convenience and necessity, 44 3534-3542. The repealed sections derived from Code 1966, 44 6.18.1-6.18.18 and from the ordinances listed in the chart below. Ord. No. 823089 then enacted a new Art. D, on the same subject. Ord. No. Data 77.2844 7. 5.77 77.2852 8. 9.77 77-2866 10. 4.77 48-2879 2.21.78 82-9060 2. 232 Supp. No. 25 2419 /7G z i ¢ 35-16 IOWA CITY CODE i Driver means a person authorized by the city to drive a vehicle for hire. Driving permit means a card or badge issued by the city clerk to each taxicab driver authorized to operate a taxicab. Holder means a person to whom a driving permit or license has been issued. Horse-drawn vehicle means any vehicle which is operated or pulled by a horse, furnished with a driver, and carrying passen. gers for hire within the city. License means a decal issued by the city clerk which must be attached to each taxicab for identification. Rate card means a card provided by the license holder for display in each taxicab which contains the rates of fare then in force, including discounts. Street shall mean any street, alley, court, lane, bridge or public place within the city. Taxicab shall include a vehicle furnished with a driver and carrying passengers for hire for which public patronage is solic• ited within the city, including a horse-drawn vehicle. An auto- mobile used exclusively for hotel or motel business shall not be considered a taxicab within the meaning of this paragraph, nor shall a vehicle commonly known as "rent4a-car;' for which a driver is not furnished, be considered a taxicab, nor shall a bus operating over a fixed route in the city be considered a taxicab within the meaning of this paragraph. Charter transportation provided with or without drivers on a contract or lease basis with an organization or person(s) for a prearranged fee shall not be considered a taxicab within the meaning of this paragraph. In addition, vehicles owned or operated by state or local government entities which provide transportation to the public shall not be considered taxicabs. (Ord. No. 82.3069, 7.6.82; Ord. No. 85.3244, 12A, 6.26-85) Sec. 36.17. Name of company to be painted on vehicle; size and location of lettering. Each taxicab shall have the name of the owner or the operating company thereof painted plainly in lettere at least two (2) inches 3aDR Na 26 2420 I 1 i /76.z. J VEHICLES FOR HIRE 4 35.21 in height in the center of the main panel of one door on each side of the taxicab. (Ord. No. 82.3069, 7.6-82) Sec. 3618. Distinctive color scheme requited. Each taxicab shall be finished in a distinctive color, either in whole or in part, so that it may be readily and easily distin- guished from other vehicles as a taxicab, which color scheme shall and must at all times meet with the approval and require- ments of the city clerk. (Ord. No. 82-3069, 7.6-82) Sec. 3619. To be equipped with interior lights. Each taxicab shall be equipped with an interior light of suffi- cient candlepower to amply illuminate the interior of the taxicab at all times. The light shall be so arranged as to be easily acces. sible to and operable by passengers; however, interior lights may be disconnected at any time after sunrise and before sunset. Horse-drawn vehicles shall not be required to be equipped with interior lights. (Ord. No. 82.3069, 7.6-82; Ord. No. 86.3244, 4 2A, J6.28.86) Sec. 3620. Driving permit, identification card or badge with name and photograph of driver to be worn. Each taxicab driver, while operating a taxicab in the city, shall prominently wear on his/her person the identification card or badge showing the full name of the driver and hiather photo- graph. The card or badge shall be provided by the city clerk. (Ord. No. 82.3069, 76-82) Sec. 3621. Disclosure of rates. The driver of any taxicab shall disclose to any person so re- questing at any time during or prior to the hiring of the taxicab, an estimate of the amount of fare to be charged such person for the hiring of such taxicab. This estimate shall be as proximate to the fare charged as practicable but in no instance shall any driver of any taxicab charge a fare in excess of the estimate so given plus an amount equal to the one -half -mile charge. (Ord. No. 82.3069, 7.6.82) Supp. No. 26 2421 04 i ■ i i i 135.22 IOWA CITY CODE i See. 36.22• Rate card to be displayed and provided to Passenger. J Each taxicab license holder shall prominently display in each taxicab a fare rate card visible to all passenger seats and each taxicab driver shall provide a copy of the fare rate card to a Passenger, when requested. A copy of the fare rate card shall be filed with the city clerk. (Ord. No. 82.3069, 76.82) Sec. 35.23. Receipts for fare; contents. Upon request, the taxicab driver shall deliver to the person paying for the hiring of the taxicab, at the time of the payment, a receipt therefor in legible type or writing, containing the name of the owner of the taxicab, the city license number, and any items for which a charge is made, the total amount paid, the date of Payment, and the signature of the driver. (Ord. No. 82.3069, 7682) 1 Sec. 3524. Right to demand Prepayment of fare, obligation to carry Passengers. (a) The driver of a taxicab shall have the right to demand Payment of the legal fare in advance and may refuse employment v unless so prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person, upon request, anywhere in the city unless previously engaged or unable to do so. i (b) The driver of a horse-drawn vehicle shell be subject to the provisions of subsection (a), except that the obligation to convey any orderly person shall apply only to any route filed with the city. (Ord. No, 82.3069, 76-82; Ord. No. 85.3244, 5 2A, 6.26.85) Sec. 3525. State chauffeur's license required. No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall { be so driven at anytime for hire, unless the driver of such taxicab 1 shall have first obtained and shall have then in force a chauf•, feur's license issued under the provisions of the state code. (Ord. No. 82.3069, 76.82) j Sapp Na 25 1 2422 j j /7G.z i I ■ VEHICLES FOR HIRE 13628 Sec. 36.26. Driving permit for taxicab driver. No person shall operate a taxicab for hire upon the streets of the city, and no person.who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the driver of such taxicab shall have first obtained and shall have then in force a driving permit issued by the city. (Ord. No. 82.3069, 7.6.82) Sec. 36-27. Application for driving permit. Each person desiring to drive a taxicab shall file an application for a driving permit. An application shall be filed with the city clerk upon forme provided by the city and such application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant. (2) The experience of the applicant in the transportation of passengers. (3) The applicant's certified driving record. (4) The applicanes record of convictions of misdemeanors and/or felonies. (6) Currently valid Iowa chauffeur's license. (6) Such further pertinent information as the city may re. quire. (Ord. No. 82.3089, 7$82; Ord. No. 83.3119, 12, 6.74-83) Sec. 3628. 6auance of driving permit. The city clerk shall issue a driving permit to each applicant when the police chief determines that there is no information which would indicate that the issuance of such permit would be detrimental to the safety, health or welfare of residents of the city. The refusal to issue a permit may be based upon an adverse driving record and/or conviction of other crimes, or, in the case of a horse-drawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. (Ord. No. 82.3069, 7.682; Ord. No. 86.3244, $ 2A, 6.26.86) Supp. No. 26 2423 I 1 135-29 IOWA CITY CODE Sec. 35.29. Vehicle for hire license decal. No vehicle for hire shall be operated upon any street within the city unless the owner of such vehicle shall have first obtained and shall have then in force a license decal issued by the city clerk. The decal shall be attached to the lower lefthand corner of the rear window of a taxicab, or displayed at the left rear of a horse-drawn vehicle. (Ord. No. 82.3069, 7.6-82; Ord. No. 85.3244, 4 2A, 6.26.85) Sec. 85,99. Application for taxicab license. Each owner of a taxicab shall file an application for a license with the city clerk upon forms provided by the city and such application shall be verified under oath and shall furnish the following information: (1) The name and address of the application. (2) The experience of the applicant in the transportation of losengers• (3) The applicant's driving record. (4) The applicant's record of convictions of misdemeanors and/or felonies. (5) Such further pertinent information as the city may re- quire. (Ord. No. 825069, 7-6-82) Sec. 3551. Issuance of license decal. The city clerk shall issue a license decal to each owner when the police chief determines that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the city. The license decal shall be nontransferable as between vehicles and owners. The refusal to issue a license decal may be based upon an adverse driving record, conviction of other crimes, or when the applicant's prior experience was unsafe or otherwise showed lack of responsibility. (Ord. No. 82.3069, 7.6.82; Ord. No. 85.3244, 1 2A, 6.26.85) Supp. No. 25 2424 11 VEHICLES FOR HIRE 635-33 Sec. 3532. Uability insurance prerequisite to issuance of taxicab license. (a) As a condition to granting a license required by this divi- sion the person seeking such license shall file, in the office of the city clerk, a motor vehicle operator's liability insurance policy, executed by a company authorized to do insurance business in the state, in a form approved by the city. The minimum limits of ' such policy shall be as set forth by the city council resolution. Each policy shall contain the following endorsement.. "It is understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be given ten (10) days' prior written notice of such proposed suspension or can- cellation. It is further understood and agreed that the obliga- tion of this policy shall not be affected by any act or omission of the named assured, or any employee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the assured in payment of the J premium, nor in the giving of any notice required by said policy, or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the assured." (b) The failure of any license holder to maintain such policy in full force and effect throughout the life of the certificate shall constitute revocation of the license. (Ord. No. 823069, 7.6.82) Sec. 3533. Mechanical inspection prerequisite to issuance of license. Each applicant for a license required by this division or a renewal of such license shall submit with his/her application proof that all vehicles to be used as taxicabs conform to the requirements for mechanical fitness as established by the police chief. Such proof shall consist of official certificates of inspection issued by the police chief or his/her designee. The police chief may require the holder of the license to provide a current certifi- cate of inspection whenever it is believed that the subject vehicle does not comply with said requirements of mechanical fitness. (Ord. No. 823069, 7.8.82; Ord. No. 84.3200, 4 2,8-28-84; Ord. No. 86.3244, 4 2A, 6.26.85) Supµ No. 25 2425 1742 i 4 9634 IOWA CITY CODE i Sec. 36.44. Fees for licensee and permits. No license or driving permit shall be issued or continued in operation unless the holder thereof has paid a fee as set by city council resolution. (Ord. No. 82.3069, 7-6.82) Sec. 36,46. Suspension or revocation of Scenes and permits. (a) The city manager is empowered and authorized to revoke or suspend any license or driving permit issued under this divi. sion whenever: (1) The holder has failed to comply with any provisions of this article, or (2) A fact exists which would have been a ground for refusal to issue a license or permit, or (3) The holder's service to the public is so inadequate or insuf- ficient as to adversely affect the public. (b) A license or driving permit may be suspended or revoked by the city manager upon seven (7) days' notice. Such notice shall: (1) Be in writing; (2) Include a statement of the factual circumstances relating to the action taken; (3) Include a reference to the particular section of this article involved authorizing such action; (4) Allow a specific time for the performance of any act to remedy the existing situation; (6) Be delivered either by personal service or sent by certified i mail, return receipt requested; i (6) Include a statement that the holder affected by such notice may request, and shall be granted a hearing before the city council. The notice shall further state that a failure to request a hearing by filing a written appeal with the city clerk within seven (7) days of service or mailing of such notice and order shall constitute a waiver of the right to a hearing and that such notice shall become a final determi- nation and order. Sapp, No. 25 2426 i I I 's VEHICLES FOR HIRE 93546 (c) Any holder affected by any notice or order may request, and shall be granted, a hearing on the suspension or revocation be. fore the city council, provided the holder files with the city clerk a written petition of appeal within seven (7) days of the date the notice was served or mailed. Any petition so filed shall state a brief statement of the grounds upon which such appeal is taken. The filing of such petition shall stay any action taken by the manager until final determination by the city council. Failure to request a hearing within seven (7) days of service or mailing of a notice shall constitute a waiver of the right to a hearing, and the action taken by the city manager shall become a final determina- tion and order. (d) Upon receipt of the appeal, the city clerk shall set the matter for public hearing before the city council no later than thirty (30) days from the filing of the appeal. Notice of such public hearing shall be pursuant to state law, with written notification to the applicant. (e) The hearing of an appeal shall be open and informal. The hearing may be continued by the city council. (() The city council shall render its opinion within thirty (30) days of the close of the hearing. The decision of the city council shall be a final determination and the appellant may seek relief therefrom in the district court of Iowa as provided by the laws of this state. Such decision may consist of. (1) Reaffirmation of the original decision to revoke, suspend or deny renewal of the license or permit, or (2) Deletion or alteration of any part of the original decision, or (3) Reversal of the original decision by reinstating or ordering the renewal or issuance of the license or permit. (Ord. No. 823089, 7$82; Ord. No. 83.3109, 12, 3.1683) Sec. 3648. Term; renewal of licenses and permits. Permits and licenses shall be valid for a period of one year from date of issuance. Renewal shall follow the same procedure as set for initial issuance. (Ord. No. 823069, 7-"2) Supp, No. 25 2427 / 7G.7 A 13547 IOWA CITY CODE DIVISION 2. HORSE-DRAWN VEHICLES Sec. 35-37. Routes. A horse-drawn vehicle licensee must adhere to the routes speci. fled in the application for a license. A new or temporary route must be filed with the city clerk before a license may use such route. (Ord. No. 85.3244, § 2B, 6.26-85) Sec. 35,98. Sanitation. (a) All horses pulling horse-drawn vehicles shall be equipped with adequate devices to prevent manure and other excrement from falling upon the streets of the city. (b) Any excrement which falls upon the city streets shall be removed immediately at the licensee's expense. (c) All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or die. P0801. (Ord. No. 3244, § 2B, 6-26.85) Cores refereace—Mid waste removal of animal excreta, t 7.2o. I Sec. 35.98. Animal treatment and health. (a) Licensees shall assure adequate rest periods, feeding ached. ules, health and related animal performance and well-being for each animal under the licensee's ownership, care or control. This responsibility shall include carriage load limits, hours of opera. tion and daily hours of animal usage. (1) The feeding of an animal drawing a vehicle for hire from a feed bag or bucket along any street or alley shall not be a violation of section 31.6. (2) No animal shall be required to work more than ten (10) hours per day. (3) No animal shall be left unattended while in service. (b) For each animal that will be pulling a licensed vehicle, licensees shall provide to the city clerk a certificate of soundness, j issued by a veterinarian licensed by the State of Iowa, finding Supp. No. 26 2428 /7(:,z Is (The nert page is 24771 2429 .74, P? i VEHICLES FOR HIRE 69540 such animal to be free from infectious disease, in good health and fit for hack and carriage service under this article. (1) After initial inspection, each animal shall be reinspected at intervals of no more than six (6) months, and a certifi- cate of soundness shall be issued by a veterinarian and filed with the city in order for each animal to remain in service. (2) No animal shall be used to draw a vehicle for hire without i such certificate of soundness certified and dated within any preceding six-month period. (Ord. No. 85.3244, S 2B, 6-26$5) Crow reference—Cruelty to animals, 17.2. Sec. 3640. Equipment. Every licensed horse-drawn vehicle shall conform to such re- quirementa as may be imposed by state law with respect to equip- quipment. ment.In addition, each such vehicle shall be equipped with rub- ber tires. (Ord. No. 853244, ¢ 2B, 6.26.85) (The nert page is 24771 2429 .74, P? i i i i i I :Y — �. I 3 Chapter 36 ZONING* Art. 1. In General, #138-1--364 Art. IL Principal Uses and Requirements, 66 364-38b6 Div. 1. Zones, 66 385-3689 Div. 2. Overlay Zones, 66 3650-3654 Div. S. Additional Regulations, 6 3856 Art. III. Accessory Uses and Requirements, 4I 3866-3666 Art IV. General Provisions, 46 3646-3611 Div. 1. Dimensional Requirements, 46 364"-71 Div. 2. TV" Regulations, 66 36-72-3&74 Div. S. Perfarmance Requirements, 66 36-76-3677 Div. 4. Nonwnformities, 66 36-78-3"3 Div. 5. Implementation, 663634 90 Div. 6. Appeals, 136-91 ARTICLE I. IN GENERAL Sec. 36-1. Purpose. The purpose of this chapter shall be to promote the public health, safety, morale, order, convenience, prosperity and gen- *Editor's note—Included herein as Ch. 36 of the City Code is the zoning ordinance es adopted by 12 of Ord. No. 865239 on June 4,1985. As amendments to this chapter are enacted, they will be noted by a historical citation in pamuthe• see at the end of the section affected. By then using the Code Comparative Table, which Immediately precedes the index of this volume, it is possible to determine if a subsection, subsections, or the entire section was affected by the amendment. Any section which does not bear a history note may be presumed to derive unamended from Ord. No. 865239, Ordinances which amended the prior inning ordinance 833160, adopted Dec. 20,1983, are listed below.. Ord. No. Data Ord. No. Date 843182 5. 834. 843203. 98634 843186 & 654 843205 98634 843191 7.334 843207 10.954 843196 814-84 843208 11. 854 843197 828434 843209 11.634 843198 82854 843211 11.634 843199 88834 853226 31236 843202 - 98554 Any wording inserted in the text by the editor for clarity or for information is enclosed in brackets. Cross references—Airport zoning, 6 4.71 at seq.; buildings and building regu- latism, Ch. 8; manufactured housing parka, Ch. 22; planning, Ch. 27; streets and sidewalks, Ch. 31; subdivision regulations, Ch. 32; utilities, Ch. 33. Supp, No. 26 2477 /76.1 9 i 196.1 IOWA CrrY CODE eral welfare; to conserve and protect the value of property through- out 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. 88.2. 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. 883. General effect of this chapter. Except as otherwise provided in this chapter, the use of prem- ises and structures in the city shall be in accordance with the minimum standards hereinafter established. (a) No structure shall be erected, converted, enlarged, recon- structed or structurally altered to exceed the height limit herein established for the zone in which the structure is located. i (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, recon- structed, 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 struc- ture be erected, converted, enlarged, reconstructed, or struc- turally altered except in conformity with the offstreet park- ing 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. (p Every use hereafter established or structure erected or structurally altered shall be located on a lot as herein Supp. No. 25 2478 /7G.z_- I I ZONING 4 963 I. 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 principal use or building on a lot. There may, howev- i I 1 I 7 I � �� � �% i ... _._ . 3 ZONING I a" (6) Club: A meeting place of an association with restricted access to the general public controlled by its members, and in which property is actually owned, leased or held in common for the benefit of its members. For the Purposes of this chapter, this definition does not in. clude a fraternity or sorority house. (7) Commercial recreational uses: Facilities which are used Primarily for physical exercise, or culture and which include but are not limited to campgrounds, courts, gyms, swimming pools, locker and training rooms, tar. get or shooting ranges, amusement arcades, and bil. liard halls. Such facilities do not include massage par. lors and establishments which feature nude dancing. (8) Commission: The planning and zoning commission of Iowa City, Iowa, as created by Chapter 414 of the Code Of Iowa and the City Code of Ordinances. (9) Confinement feeding operations One or more roofed or Partially roofed animal enclosures, designed to con. tain liquid or semiliquid animal wastes, and in which the maximum number of animals confined at one time exceeds fifty (60) beef cattle, forty (40) dairy cattle, two hundred fifty (260) swine over forty (40) pounds, one thousand eight hundred (1800) swine forty (40) pounds or less, six hundred (600) sheep, three thousand (3,000) turkeys, fifteen thousand (16,000) broiler chickens or nine thousand (9,000) layer chickens. (10) Conversion: Any change of one principal use to an. other principal use. (i1) Council• The city council of Iowa City, Iowa. (12) Court- A space, open and unobstructed to the sky, located at grade on a lot and bounded on three (3) or more aides by walla. (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 unite per unit area of land (usually expressed as dwelling units per acre). Supp. No. Tb 2486 174o2- B s 1364 IOWA CITY CODE i (3) Development Any man-made change to improved or unimproved property including but not limited to build. ings, mining, dredging, filling, grading, paving, exca- vation or drilling operations. (4) Developmentally disabled• Any person who has a dis- ability attributable to but not limited to mental retar- dation, cerebral palsy, epilepsy, autism or another sim. ilar neurological condition; dyslexia resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age eighteen (18), and which constitutes a substantial im. pairment expected to be long -continued and of indefi- nite duration. (6) Discontinuance Whenever a nonconforming use is aban- doned, ceased, or terminated. (6) Downzoning: A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial or industrial to residential (7) Driveldriveway An asphalt, concrete or similar per- manent dustfree surface designed to provide vehicular�� access to a parking area. (8) Dwelling: A building which is wholly or partially used or intended to be used for residential occupancy. (9) Dwelling, duplex• A dwelling containing two (2) dwell- ing units. (10) Dwelling, farm A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located. (11) Dwelling, fourrvplet- A multifamily dwelling contain- ing four (4) dwelling units. (12) Dwelling, high-rise multifamily A multifamily dwell- ing exceeding three (3) stories in height. (13) Dwelling, low-rise A multifamily dwelling not exceed- ing more than three (3) stories in height. (14) Dwelling, multifamily: A dwelling containing three (3) or more dwelling units. Supp. No. 26 2486 /7L.z ZONING 1364 (16) Dwelling single(amily. A building containing one dwell- ing unit. This definition includes the term "manufac- tured home." (16) Dwelling tri-ple - A multifamily dwelling containing three (3) dwelling unite. (17) Dwelling zero lot line A single-family dwelling with one or more walls located on a side lot line(s) which is not a street or alley right-of-way line. (18) Dwelling unit: Any habitable room or group of adjoin- ing habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. (19) Dwelling uni4 efficiency., A dwelling unit consisting of one principal room, in addition to a bathroom, hall- way, 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 an- other person for specific limited use of that land, e.g., to allow access to another property or for utilities. (2) Elderly housing: A dwelling especially designed for use and occupancy of persona who are aged or who are handicapped within the meaning of Section 202 of the Housing Act of 1969, Section 102(6) of the Develop- ment Disabilities Services and Facilities Construction Amendments of 1970 or Section 233 of the Social Se- curity Act. (3) Enlargemendexpanaiom An increase in the volume of a building, an increase in the area of lend or building occupied by a use, or an increase in the number of occupants or dwelling unite. (4) Extraction The extraction of sand, gravel, or top soil as an industrial 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 man. ufactured homes, mobile homes and modular homes on leased spaces. Supp. No. 25 2487 4364 IOWA CITY CODE (2) Family: One person or two (2) or more persons related by blood, marriage, adoption or placement by a gov- ernmental or social service agency, occupying a dwell. ing unit as a single housekeeping organization. A fam- ily 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 resi- dential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa, that provides room and board, personal care, habilitation services, and supervision in a family en. vironment 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 ten (10) acres for which the principal use is the growing for sale of farm prod. ucts such as vegetables, fruits, and grain and their storage on the land. The term 'Yarm" includes the necessary accessory uses and buildings for treating and storing the food produced. (6) 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. (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 opera. tion of a commercial garage, the premises shall be classified as a commercial garage. (7) Financial institution An establishment for the receiv- ing, keeping, lending of money, and the exchange of funds by checks or notes, including banks, savings and loans, credit unions, and similar establishments. (8) Floor arca: The total area of all floors of a building or portion thereof measured to the outside surface of ex. terior walls or the center line of walls to attached Supp. No. 25 2488 L074.2- i ,I s i ZONING 488.4 buildings or uses. It does not include garages, porches, balconies, and other appurtenances. Space in the base. j ment or cellar and all other space shall be included as ` floor area if used for a principal or accessory use per. mitted in the zone in which the building is located. (9) Floor area ratio (FAR): The numerical value obtained by dividing the floor area within a building or build. ings on a lot by the area of such lot. (10) Fraternity/sorority house: A building used as a real. dence by a chapter of a fraternal or sororal nonprofit organization recognized by the University of Iowa. For Purposes of this chapter, this definition does not in- clude a rooming house. (11) Frontage: The distance along a street line (right -of- way line) from one intersecting street to another, or from one intersecting street to the end of a dead-end street or the end of a cul-de-sac. (g) (1) Garage, commercial: Any building or premises used for equipping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels and supplies may be sold. (2) Garage, Privater An accessory building which is under the control and use of the occupants of the main building. (8) Grade The top surface elevation of lawns, walks, drives, or other improved surfaces alter completion of con. struction or grading and landscaping. For the purposes of determining height of a building, the grade is the average level at the 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, breeze. ways, terraces, and exterior stairways. (6) Groundfloor/fust floor. The lowermost floor ofabuild. j ing having its floor -to -ceiling height at or above the grade, j (6) Group care facility: A government-lioensed or -approved facility which provides resident services in a dwelling to more than eight (8) individuals not including real. Supp. No. 25 I 2489 i ........./I _... _. _._ -t• 364 IOWA CITY CODE /71:-Z ,M dent staff, but not exceeding thirty (30) individuals. These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult su. pervision; and are provided services in accordance with their individual needs. Group care facilities shall not include nursing homes. (7) Guest- An individual who shares a dwelling in a non- permanent Statue for not more than thirty (30) days. (h) (1) Hedge: A boundary formed of a row of closely planted shrubs or bushes. - (2) Home occupation: An accessory use consisting of an occupation or profession carried on by a person resid. ing on the premises. (3) Hospital• An institution providing health services for human in-patient medical care for the sick or injured and including related facilities such as laboratories, outpatient facilities, emergency medical services, and staff offices which are an integral part of the facility. (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"). (b) Hotel. apartment- A multifamily dwelling under resi. dent supervision which maintains an interlobby through which all tenants must pass to gain access to the apart menta and which may furnish services ordinarily fur. nished by hotels, such as a drugstore, barbershop, cos. metologist, cigar stand or newsstand, when such uses are located entirely within the building with no sepa. rate entrance from the street or visible from any side- walk, and having no sign or display visible from out aide of the building indicating the existence of such services. (i) Reserved 0) (1) Junkyard- An area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or assembled, stored or handled, includ. Supp. No. 25 2490 /71:-Z ,M ti ZONING 1384 1 ing the dismantling or "wrecking" of automobiles or other vehicles or machinery. A junkyard is also a housewrecking yard, used lumber yard, and place for storage of salvaged building materials and structural steel materials and equipment. 4 W (1) I Kennek An establishment where small animals are bred, raised, trained, groomed, and boarded for com- pensation, sale or other commercial purposes. 0) (1) Livestock Cattle, sheep, swine, poultry, and other an- imals or fowl, which are being produced primarily for I use as food or food products for human consumption. l (2) Living unit. See "dwelling unity j (3) Loading specs ofFstreet 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." (6) Long-term care facility.- See "nursing home." (6) Lot A plot, separate tract, or parcel of land with fixed boundaries suitable for occupancy by a use. (7) Loo corner: A lot located at the intersection of two (2) or more streets. (8) U4 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 double frontage lot and bounded by a street on only one side. (10) Lot reversed corner: A comer lot, the rear of which abuts the side of another lot. (11) Lot area The total area within the lot linea 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 midpoint of the rear lot line. (14) Lot frontage• The continuous width of a lot measured ' along the street (right-of-way line). (16) Lot line Aline oriented in terms of stable points of reference which establishes one boundary of a lot. Buyµ No, 26 2491 1364 IOWA CITY CODE (16) Lot line, /rant A lot line separating the lot from the -- street. On 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 either street. (17) Lot ling 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, ten (10) feet in length, and parallel to and farthest from the front lot line. (18) Lot ling aide- Any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line. (19) Lot width: The length of the front yard line. (m) (1) Manufactured home A factory -built single-family dwell. ing, which is manufactured or constructed under the authority of 42 U.S.C. Section 6403, Federal Manufac. tured 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 pur. pose of moving to a permanent site, and which does not have 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 unless it has been converted to real property and is taxed as a site. built dwelling as is provided in Iowa Code (1983)136D.26. For the purpose of any of these regulations, manufac- tured homes shall be considered the same as a single. family detached dwelling. (2) Meeting hall- A facility providing apace for lectures, social functions, exhibitions, entertainment, instruc. tion and similar purposes and customary ancillary space such as rostrooms, kitchens, foyers, work and dress. ing rooms, and storage areae. (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. Supp, No. 26 2492 I I 1364 IOWA CITY CODE (16) Lot line, /rant A lot line separating the lot from the -- street. On 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 either street. (17) Lot ling 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, ten (10) feet in length, and parallel to and farthest from the front lot line. (18) Lot ling aide- Any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line. (19) Lot width: The length of the front yard line. (m) (1) Manufactured home A factory -built single-family dwell. ing, which is manufactured or constructed under the authority of 42 U.S.C. Section 6403, Federal Manufac. tured 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 pur. pose of moving to a permanent site, and which does not have 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 unless it has been converted to real property and is taxed as a site. built dwelling as is provided in Iowa Code (1983)136D.26. For the purpose of any of these regulations, manufac- tured homes shall be considered the same as a single. family detached dwelling. (2) Meeting hall- A facility providing apace for lectures, social functions, exhibitions, entertainment, instruc. tion and similar purposes and customary ancillary space such as rostrooms, kitchens, foyers, work and dress. ing rooms, and storage areae. (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. Supp, No. 26 2492 I ZONING 1364 structed as will permit the vehicle to be used for year- round occupancy as a single-family dwelling and con- taining water supply, waste disposal, heating and elec- trical conveniences. A mobile home is factory -built ! housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recrea- tional vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations ap- plying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and re- , gardless of the nature of the foundation provided. How- ever, certain mobile homes may be classified as "mane ! factured 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 i is assembled in whole or in components at the location where it is to be permanently located; which rests on a i permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal con- struction; 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) Nonconforming lot; A lot which does not conform to the provisions of this chapter relative to lot frontage, j width or area for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto. (2) Nonconforming structure A structure or portion thereof i which does not conform to the provisions of this chap- ter relative to height, yards or building coverage for j the zone in which it is located by reason of the adop- tion of this chapter or subsequent amendments thereto. (3) Nonconforming use Any use that is not allowed within the zone in which it is located or any way in which I Supp, No. 26 2493 i I i t ■ 1864 IOWA CITY CODE 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 nonprofit corporation or association and licensed or regulated by a governmental entity for the accommo• dation of convalescents or other persons who are not in need of hospital care but who require skilled care and/or related services. (o) (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 established either by the city council or by the board of adjustment as a variance to the requirement that a lot front on a public street. (2) Open space That portion of the lot that is not covered by buildings, drives, perking spaces and aisles. (8) Open space common: Open space the use of which ie 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. (6) 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 require• menta of both zones or, in the case of a disparity, the more restrictive requirements of the two (2). (6) Owner. The person who holds the fee simple or equita• ble title to the property. (p) (1) Parking arca: 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 perma• nent dustfree surface which is intended for off-street vehicular parking and is at least eight (8) feet wide and fifteen (16) feet in length fbr compact cars and at Supp. No. 75 2494 /;Jr.2' i 001 ...r ZONING 4 364 least nine (9) feet wide and nineteen (19) feet in length Bapµ No. 25 2495 ME I Is for other care. (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 character. istics of a use, written in the form of regulatory language. (6) 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, corpo- ration, partnership, association, or any entity, includ. ing state and local governments and agencies, (7) Personal service establishment An establishment primas` BY engaged in providing services generally involving the care of the person or his/her apparel. Such estab. lishments include but are not limited to the following: Laundry, cles uiug and garment services; photographic J studios; beauty shops; barbershops; shoe repair shops, shoeshine parlors, and hat cleaning shops; funeral homes; and other establishments engaged in providing per- sonal services such as steambathe, reducing salons and health clubs, clothing rental, locker rental, and porter services (see major group 72 of the Standard Industrial Classifications Manual). (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 aides, projecting from the wall of a building. (10) Premises: See "lot." (11) Principal building. A building which contains the prin. cipal use. (12) Principal use The primary use(s) of land or a structure as distinguished from an accessory use, e.g., a house is a principal use in a residential area; a garage or pool is an accessory use. Bapµ No. 25 2495 ME I Is t 1964 IOWA CITY CODE �\ (13) Projections (into yards): parte of buildings such as ar. - chitectural 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) of the zone in which it is listed and general requirements of the chapter. (16) Public utility: A system which is owned and operated by a licensed public utility company or by a railroad company. Such systema do not include those owned and operated by the City of Iowa City or other gov. ernmental agency. (q) (1) Quarry: Land used for the purpose of excavating stone or slate as an industrial operation. (r) (1) Religious institution An organization having a reli- gious purpose, which has been granted an exemption from federal tax as a §ection 601(cX3) organization �1 under the Internal Revenue Code, including churches, rectories, meeting halls, schools and the facilities that are related to their use. (2) RemodeUrepair 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, lunchroom, tearoom, dining room, bar, cocktail lounge or tavern. The total seating area located within the enclosed portion of the premises is more than fifty (60) per cent of the total floor area. (4) Restaurag driueriWcarryout, An auto oriented use whose principal operation is the dispensing of edible food- stuff 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 lees than fifty (60) per cent of the floor area. Supp. No. 25 2496 I y ZONING 1364 (6) Retail establishment An establishment engaged in sell• ing merchandise for personal or household consump, tion, and rendering services incidental to the sale of the goods. Such establishments will have the follow. log 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 re. ceives merchandise as well as sells; the establishment may Process its products, but such processing is inci- dental or subordinate to selling; the establishment is considered as retail in the trade; and the establish. ment sells to customers for business or personal uses. (6) Rezoning: A change in land use regulations. Rezon• ings can take three (3) 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." (6) Roof line• The highest point of the coping of a flat roof; the deck line of a mansard roof; and the midpoint between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof. BUPA No. 23 J 2488,1 I is I 6 's ZONING 1364 (9) Street arteriak A street whose principal function is to provide for through traffic, and designed to carry lame volumes of traffic. (10) Street collector., A street whose principal function is carrying traffic from local streets to arterial streets. (11) Street cul-de-sac., A local street terminating in a turnaround. (12) Street local, A street used primarily for access to abut. ting property. (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 government entity. (14) Street public A way which affords the principal means of access to abutting lots and is owned or controlled by a government entity. (lb) 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 vehi- cles, sidewalks, and paving. (16) Structural alteration: Any change in the configuration of the exterior walls, foundation or the roof of a build- ing which results in an increase in the area, height or .volume of the building. (17) Substandard lot See "nonconforming lot.." (18) Substantial improvement Any repair, reconstruction, or improvement of a building the coat of which equals or exceeds fifty (60) per cent 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, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the build- ing commences, whether or not that alteration affects the external dimensions of the building, The term does not, however, include either (1) any project for improve- ment 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) 0uvv. Na 75 2499 /7G.z. r 364 IOWA CITY CODE I any alteration of a building listed on the National Register of 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 dwell. ' ings (townhouse units) and each single -family dwell. ing being located on a separate lot. (2) Transient housing- A structure owned and operated by a nonprofit organization, as defined by Section 601(cX3) of the Internal Revenue Code, providing a temporary - residence, for a period of not more than ten (10) days, for persona 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 City," a supplement to this chapter). (u) (1) Uproning: Tho converse of downzoning (see "downzon. ing") j (2) Use A purpose or activity for which land, structures,�.i� or a portion theresf is designed, occupied, and maintained. (3) Usg accessory: See "accessory building/use." (4) Use, permitted: See "permitted use." (6) Us4 principal See "principal use." (6) Usg prooisionak 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 provi• sions of the chapter will result in unnecessary hard• ship, 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. Supp, Na 25 2600 M ZONING 1 se.s (4) Vehicle storage of A vehicle or portion thereof which is parked in the same position for a period of forty- eight (48) hours or more. (w) Reserved (x) Reserved (Y) (1) Yard, A required area on a lot unoccupied by struo• tures above grade except for projections and the spe. cific minor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward. (2) Yord front The required area across a lot between the front yard line and the street (right-of-way line). (8) Yard rear The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line. (4) Yard side: The required area from the front yard line to the rear yard line and from the side yard line to the aide lot line. (6) Yard ling front A has from one side lot line to an. other side lot line, parallel to the street, and as far back from the street as required in this chapter for the front yard, (6) Yard lir94 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, roar"). (7) Yard line, side A line parallel to the aide lot line and as far from the side lot line as required by this Chapter. (z) (1) Zone: A portion of the city delineated on the zoning map in which requirements and development stand• ands for the use of land and buildings within, above or below the zone are prescribed in this chapter. (2) Zoning code interpretation panel• A staff panel desig• noted by the city manager to interpret the provisions of the zoning ordinance in such a way as to carry out its intent and purpose. (8) Zoning map: The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance, Cross references—Flood overlay zone definitions, 199.92; Iowa River corridor overlay zone definitions, 4 2646; sign regulation derinitions, 19961. Supp No. 26 2601 /2G.Z- ME --._. __..-.__-..-..-.__. __.___ _..--- _-..--_.____...I q 365 IOWA CITY CODE ARTICLE Q. 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 man. aged growth in which agricultural and other nonurban uses of land may continue, until ouch 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. D) 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), MRM (multifamily residential), and MD 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 section 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 La each farm dwelling. (3) Livestock feedlots, except confinement feeding operations, provided they are located not closer than one-fourth (YO mile to any R zone boundary. (4), OR'roe research park (ORP) uses provided they are devel- oped in accordance with the applicable special provisions of this zone. (5) Single-family dwellings provided they are developed in amordeoce with the applicable special provisions of this zone. Sapp. No. 25 2602 7V.L ZONING ia" (6) Stables and kennels subject to the requirements of section 36-66. (d) Special exceptions (1) Communication towers and satellite receiving devices, pro- vided they shall be located at least as far away from prop• WAY lines an their height is above grade. (2) Public utilities. (e) Dimensional nequinmenta. (1) Minimum lot area: 10 acres. (2) Minimum lot width: 60 feet. (3) Minimum lot frontage: 40 feet. (4) Minimum yards: lh+ont-According to the following table: Setback Street Width Comprehensive Plan ffeeO (fecU Street Classification 40 40 secondary arterial 27 66 secondary arterial 26 40 collector or local 20 60 or more secondary arterial 20 60 or more collector or local Side -5 feet for the first 2 stories plus 2 feet for each additional story. Rear -20 feet. (6) Maximum building bulk: None. (6) Minimum building width: 20 feet for at least 75 per cent of the building's length. (0 Cenral provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article 111. a. Permitted accessory uses and buildings: See section 36.66. Supp. No. 75 2603 /7G i IOWA CITY CODE b. Accessory use and building regulations: See section 3657. c. Off-street parking requirements: Not applicable. d. Of .street loading requirements: Not applicable. e. Sign regulations: See section 3660. f. Fence regulations: See section 3666. (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 provision& . (1) Single-family dwellings may be developed in those areae designated ID -RS on minimum lot areas of five (6) acres and at the width, frontage and yard requirements of the ID zone. (2) Office research park uses may develop in those areae des- ignated ID -ORP in accordance with the requirements of the ORP sone. Any such 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. Sec. 366. Rural residential zone (RR -1). (a) Intent It is intended that this zone provide for areae of a rural residential character within the city which Pre not pro- jected to have the utilities necessary for urban development within the foreseeable future, according to the 1983 comprehensive plan update (which includes the long-range and short-range plane). . (b) Permitted uses (1) Detached single-family dwellings. (2) Farms. (e) Provisional uses. (1) Detached single-family dwellings with a maximum of two (2) roomers provided that one additional off-street parking space shall be furnished. Supp. Na 26 26M a a J ZONING I a" (2) Family care facilities provided they shall not be located within one-quarter (%) mile of each other. (d) Special exceptions (1) Clubs subject to the requirements of section 3856. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: 40,000 square feet. (2) Minimum lot width: 80 feet. (3) Minimum lot frontage: 4o feet. (4) Minimum yards: Front—According to the table established in the ID zone. Sid" feet for the fust 2 stories plus 2 feet for each additional story. Rear -20 feet. (6) Maximum building bulk: Height -36 feet. Building coverage—None. Floor area ratio—None. (6) Minimum building width: 20 feet for at least 76 per cent of the building's length. (f) General prooisiona All principal and accessory uses permit, ted within this zone are subject to the requirements of Articles M and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted acceasory uses and buildings: See section 36.66. b. Accessory use and building regulations: See section 36.67. c. Off-street parking requirements: See section 9659. d. Off-street loading requirements: Not applicable. e. Sign regulations: See section 3680. f. Fence regulations: See section 3686. Supµ No. 26 2605 I s 5368 IOWA CITY CODE i (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. j b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special prooisiona None. j Sec. 367. Low demity single-family residential cone (N8 -ti} (a) Intent. It is the primary purpose of this zone to provide for single-family residential development consistent with the pre- dominant single-family residential character of Iowa City. De• velopment within this zone is axpected to have a neighborhood orientation; therefore, puke, sehcols, religious institutions and neighborhood commercial facilities are expected to be located within or in close proximity to developments in this zone. Com- patibility of development within this zone shall be encouraged and related nonresidential 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. (e) Provisional uses. (1) Detached single-family dwellings with a maximum of one roomer provided that one additional o9'4treet parking apace shall be furnished. Two-family and multifamily dwellings, which exist as nonconforming uses, shall be permitted one roomer per dwelling unit. (See "special provisions.') (2) Family care facilities provided they ahali not be located within one-quarter I%) mile of each other. (d) Special emption& (1) Child care facilities subject to the requirements of section 36.65, and provided they shall be located in a private resi- dence in which fewer than twelve (12) children aro cared for, or in a religious institution. Supp. No. 26 2508 /7G .2- ZONING t 867 (2) Public utilities. (3) Religious institutions subject to the requirements of sec. tion 3656. (e) Dimensional requirements. (1) Minimum lot area: 8,000 square feet. (2) Minimum lot width: 60 feet. (3) Minimum lot frontage: 36 feet on a public street or an officially approved place. (4) Minimum yards: Front -20 feet. Sid" feet for the first 2 stories, plus 2 feet for each additional story. Roar -20 feet. (8) Maximum building bulk: Height -36 feet. Building coverage -46 per cent. Floor area ratio—None. (6) Minimum building width: 20 feet for at least 76 percent of the building's length. (n Generalproslsiona All principal and accessory uses psrmiG ted within this zone are subject to the accessory uvea and re- quirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requi.v rents: See Article M. a. Permitted accessory uses and buildings: See section 3656. b. Accessory use and building regulations: See section 3657. c. Off4treet parking requirements: See section 8858. d. OI' -street loading requirements: Not applicable. e. Sign regulations: See section 3850. f. Fence regulations: See section 3646. Supp, No. 25 2607 /74.7- as 's a { 36.7 IOWA MY CODE (2) General provisions: See Article M a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformitim: See Division 4. (g) Specia)proviaions. (1) If a tract of land one acre or greater in area is being subdivided or resubdivlded into Iota, it may be dsysloped It a maximum gram density of five (6) dwelling units per awe with minimum lot arm of seven thoumnd two hun. dreg (7,200) square feet and minimum lot aroma of tiRNn thousand (16,000) quare feet. j (2) For those dwellings in which the number of roomer es- coeds one, the provisions of paragraph (cXl), above, shell became applicable on December 31, 1984. on. 768. Msdiom dmsky do�a{amQl nddsaYY sass (R� (a) Intent It is primarily intended that dila sone provids for the development of small lot single-family dwellings. This sons i I ' I j Supe. No. 2S 2608 l Y � I i f ZONING i ass -- b. Tree regulations: Bee Division 2. c. performance standards: Bee Division 9. d. Nonconformities: See Division 4. j (g) Special provision& j (1) If a tract of land one acre or greater in area is being j j subdivided or resubdivided into lots, it may be developed at a maximum groes density of eight (8) dwelling unite per ase with minimum lot areae of four thousand (4,000) square feet and maximum lot area of seven thousand five hundred (7,600) square feet. Lots ler than five thousand (6,000) square feet in area shall be developed with one wall of the i dwelling unit having a zero side yard. (2) For those dwellings in which the number of roomers ex. coeds one, the provisions herein shall become applicable on December 91, 1984. Bac. obi. Pactou buBt housing reddential (MU) zone. W Intent no factory -built having reddential (RFBH) zone is designed to provide for the placement of manufactured homes, mobile homes and modular homes within factory built having parks, or upon individually subdivided lots with a lot sire smaller than that allowed in other 110005 permitting single-family dwell. ings. The RFBH zone also provides a location for the placement of those mobile homes which are not clarified as manufactured homes and may not comply with the building, electrical, plumb• ing, or housing codes, and for those factory -built homes which do not have a minimum building width of twenty (20) feet. (b) Permitted uses (1) Manufactured homes. (2) Mobile homes. (8) Modular homes. (e) Provisional uses (1) Family care facilities provided they shall not be located within one-quarter (%) mile of each other. Supµ Na 25 2611 i i 3 IOWA CITY CODE ^ (2) Manufactured homes, mobile homes and modular homes with a maximum of one roomer provided that one addi• • tional off-street parking apace shall be furnished. (d) Special exception& (1) Child care facilities subject to the requirements of section 36-55. (2) Public utilities. : (3) Religious institutions subject to the requirements of sec. tion 36-55. (4) Schools—Generalized private instruction. - - - - (e) Dimensional requirement& ,(1), Minimum lot area: 4,000 square feet.: (2) Minimum lot width: 35 feet. (3) Minimum lot frontage: 20 feet on a public street or an officially approved place. (4) Minimum yards: �\ Front -20 feet. Bide -6 feet. Rear -20 feet or 30 feet at RMH zone boundary. (5) Maximum building bulk: Height -26 feet. Building coverage -40 per cent. Floor area ratio—None. (f) General provision& All principal and accessory uses permit• ted within this zone are subject to the requirements of Articles BI and IV, the divisions and sections of which are indicated as follows: I (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 36.66. b. Accessory uses and building regulations: See section 3"7. BuvR Na 26 2612 /7Gz- i 20NINp 13&10 c. off-street parking requirements: See section 36-58. d. off-street loading requirements: Not applicable. a. Sign regulations: See section 38-60. f. Fence regulations: See section 36-66. (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 RMH be lees than ten (10) aria. (2) Manufactured housing parks shall comply with the provi- sions of Chapter 22 of the Code of Ordinances and the provisions of the Code of Iowa. Bao. 5610. FRO density slagWamlly residential zone B& 12). W Intent It is intended that this zone provide for the devel- opmsat ofsingle-family 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 urea (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 roomer in each dwelling unit in duplexes, provided that additional off-street parking spaces shall be furnished at the ratio of one-half (S4) space per roomer. Multifamily dwellings, which exist as nonconforming uses, shall be permitted two (2) roomers per dwelling unit. (See "special provisions.") Bopp No. 25 2513 / 7V Y 18610 IOWA Crry CODE (2) Family care facilities provided they shall not be located within one-quarter (%) mile of each other. (3) Zero lot line dwellings and townhouses provided they shall be developed in accordance with section 36.66. (d)Specs ial exception (1) Child can facilities subject to the requirements of section 36.66. (2) Public utilities. (3) Religious institutions subject to the requirements of see. tion 36-56. (4) Schools—Generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 6,000 square feet. - (2) Minimum lot area par unit: 3,000 square feet. (3) Minimum lot width: 46 feet. (4) Minimum lot frontage: 25 feet on a public street or an oEiciaHY approved place. (6) Minimum yards: Front -20 feet. Side -6 feet for the first 2 stories plus 2 feet for each additional story; for zero lot line dwellings, one at 0 feet and the other(s) at 10 feet; or for townhouses, 0 feet or 10 feet. Rear -20 fee:. (6) Maximum building bulk: Heigb"6 feet. Building coverage -40 per cent. Floor area ratio—None. (7) Minimum building width: 20 feet for at least 76 per cent of the building's length. Thie provision shall not apply to zero ' lot line dwellings. Sapp. Na 25 2614 /762 Is s i.� 9tiNDIG 198.11 (n General Provision& All principal and accessory uses permit, Led within this zone are subject to the requirements of Articles DI and IV, the divisions and sections of which are indicated as follows: (1). Accessory now and requirements: See Article M. a. Permitted accessory uses and buildings: See section 3656. b. Acceasory use and building regulations: See section 38.67. C' Off street parking requirements: See section 3658. d. Off4b'eet loading requirements: Not applicable. e. Sign regulations: See section 3680. .. f. Fence regulations: See section 3686. (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. Nonmuformities: See Division 4. (g) Special Provision& (1) For those dwellings in which the number of roomers ex. ceeds the number permitted in paragraph (cX1), above, the Provisions of this paragraph shall become applicable on December 31, 1986, Sec. 3611, Low density multifamily residential zone (RK. 12). (a) Intent It is intended that this zone provide for a high den. B(ty of single-family residential development and a low density of multifamily residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted use& (1) Detached single-family dwellings. (2) Duplexes. Bcyp Na 25 2616 136.11 IOWA CITY CODE (3) Multifamily dwellings. _. (c) Provisional uses (1) Dwellings allowed in this zone with a maximum of two (2) roomers in each dwelling unit provided that for single- family dwellings and duplexes, additional off-street park. ing spaces shall be furnished at the ratio of one-half (i4) apace per roomer. (2) Family care facilities provided they shall not be located within one-quarter (Y4) mile of each other. (3) Rooming houses, provided that the total floor area shall not exceed three hundred thirty (330) square feet for each two thousand seven hundred twenty-five (2,725) square feet of lot area and that there shall be at least one hundred (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. tion 3655. (d) Special exceptions (1) Cemeteries and mausoleums subject to the requirements of section 36-55. (2) Child care facilities subject to the requirements of section 36.55. (3) Funeral homes subject to the requirements of section 3655. (4) Group care facilities provided that there is at least seven hundred fifty (760) square feet of lot area for each occupant. (5) Public utilities. (6) Religious institutions subject to the requirements of sec. tion 36.55. (7) Schools—Generalized private instruction. (8) Schools—Specialized private instruction subject to the pro- visions of section 36.11(gX2). (9) 7hransient housing provided that there is at least seven hundred fifty (750) square feet of lot area for each perms- Supp No. 25 9616 / ;7j:.z y D ZONING 4 9&11 vent resident and two hundred (200) square feet for each temporary resident. (e) Dimensional requirements. The following table of dimen- sional requirements shall be applicable to the uses of this zone: 2517 I ° i i j Single-family Single-family Town- Duplexes and multi - + I (non 041ot line) (0 -lot line) houses other urea family n !R (1) Minimum lot area: 4,000 of 3,000 of 3,000 of 6,000 of 8,175 d i I i (2) Minimum lot area • per unit: 4,000 of 3,000 of 3,000 of 3,000 d 2,725 af (3) Minimum lot width: 35 ft 20 ft 18 ft 45 ft 60 ft (4) Minimum lot front. 20 ft 20 ft 18 ft 35 ft 4011 age on a public street or an officially ap• g a proved place: m (5) Minimum yards: a Font: 20 ft 20 ft 20 ft 20 ft 20 ft. o Side: 5 feet for the fust 2 stories plus 2 feet for each additional story; for ro townhouse units, 0 feet or 10 feet; and for sem lot line dwellings, me 0 feet and the other at 10 feet. at Hear. 20 ft 20 ft 2011 20 ft 20 ft (6) Maximum building bulk: Height: 35 ft 35 ft 35 ft 35 ft 35 ft i i j � + I f I 1 i i I i i i 1i m p Bingltfsmily ginglefsmily Town- DapGxs and Multi , N (non 0 -lot lint) (Odot lied houses other uses family x P Building cover- overage: age: 50% 50% 50% 50% 5096 j Flooearearatio: None. None None None Nora (7) Minimum 20 feet for at least 75% of the building's length. This provision shall building width: not apply to zero lot line dwellings. I I v N � 636-11 IOWA CITY CODE i (f) General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article 111. ' a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building regulations: See section 36.57. c. Off-street parking requirements: See section 36-58. d. Off-street loading requirements: Not applicable. e. Sign regulations: See section 36.60. f. Fence regulations: See section 36-65. (2) General provisions: See Article IV. ! a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. /1 (g) Special provisions. ! ) (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- . quirements or the off-street parking requirements. . (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 preservation 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 rinds necessary under the circumstances, waive all zoning re- quirements, 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. Supp. No. 25 2620 ... /7G -z I I 'a ZONING 198.12 (3) For those dwellings in which the number of roomers ex. ceeds the number permitted in paragraph (01), above, the provisions of this paragraph shall become applicable on December 31, 1986. Sec. 38.12. Medium density multifamily residential zone (RM. 20). (a) Intent It is the purpose of this zone to provide for the development of medium density multifamily 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 (1) Multifamily dwellings. (c) Provisional uses. (1) Detached single-family dwellings subject to the dimensional requirements of the RS -12 zone. (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 park- ing spaces shall be furnished at the ratio of one-half (54) 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 lot area shall be three thousand six hundred (3,600) square feet and the minimum lot area per unit one thousand eight hundred (1,800) square feet. (4) Family care facilities provided they shall not be located within one-quarter (b) mile of each other. (5) Fraternity/sorority houses, provided there shall be five hun. dred forty-five (545) square feet of lot area for each person residing on the premises. (6) Nursing homes subject to the requirements of section 3655. Supp, No. 25 2521 s I M 's 136-12 IOWA CITY CODE (7) Religious institutions subject to the requirements of Sec- tion 36.65. (8) Rooming houses, provided that the total floor area shall not exceed three hundred thirty (330) square feet for each one thousand eight hundred (1,800) square feet of lot area and that there shall be at least one hundred (100) square feet of floor area for each roomer. (9) Townhouses and zero lot line dwellings subject to the re- quirements of section 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 one thousand eight hundred (1,800) Square feet. (d) Special exceptions (1) Cemeteries and mausoleums subject to the requirements of section 3856. (2) Child care facilities subject to the requirements of section 3655. (3) Clubs. (4) Elderly housing. (5) Group care facilities provided that there is at least five hundred fifty (550) square feet of lot area for each occupant. (6) Public utilities. (7) Schools—Generalized private instruction. (8) Transient housing provided that there is at least five hun- dred fifty (550) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo- rary resident. (e) Dimensional requirements (1) Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: 1,800 square feet. (3) Minimum lot width: 60 feet. Bopp. No. 25 2522 /7Gz I ■ y TONING 18&12 (4) Minimum lot frontage: 36 feet on a public street or an officially approved place. (6) Minimum yards: FYont-20 feet. Side -6 feet for the first 2 stories plus 2 feet for each additional story. Rear -20 feet. (6) Maximum building bulk: Heigh"6 feet. Building coverage -46 per cent. Floor area ratio—None. (f) General provisions All principal and accessory uses permit• ted within this zone are subject to the requirements of Articla III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 3656. b. Accessory use and building regulations: See section 3657. o. Ofl:street parking requirements: See section 3658. d. Of -sh"t loading requirements: Not applicable. e. Sign regulations: See section SM. f. Fence regulations: See section 3666. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Thee regulations: See Division 2. c. Performance standards: See Division 3. d. Noncenformities: See Division 4. (g) Special provisions (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. Supp. Na 26 2623 I 's I 136-13 IOWA CITY CODE i Sec. 36.13. Neighborhood conservation residential rune l (RNC -20). (a) Intent It is the purpose of this zone to preserve the charac- ter of existing neighborhoods and these regulations are designed to prevent existing multifamily uses within the neighborhood from becoming nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses (1) Detached single-family dwellings. (2) Duplexes. (3) Multifamily dwellings. (c) Provisional uses (1), Dwellings allowed in this zone with a maximum of three (3) roamers in each dwelling unit provided that for single- family dwellings and duplexes, additional off-street park- ing spaces shall be furnished at the ratio of one-half ('/r) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (V4) mile of each other. (3) Fraternity/sorority houses, provided there shall be five hun. dred forty-five (545) square feet of lot area for each person residing on the premises. (4) Nursing homes subject to the requirements of section 3655. (5) Religious institutions subject to the requirements of sec- tion 3655. (6) Rooming houses provided that the total floor area shall not exceed three hundred thirty (330) square feet for each one thousand eight hundred (1,800) square feet of lot area and that there shall be at least one hundred (100) square feet of floor area for each roomer. (d) Special exceptions. (1) Child care facilities subject to the requirements of section 36.55. Supp. No. 25 2624 I I :■ y ZONING 4 36-13 (2) Group care facilities provided that there is at least five hundred fifty (650) square feet of lot area for each occupant. (3) Public utilities. (4) Schools—Generalized private instruction. (5) Transient housing provided that there is at least five hun- dred and fifty (550) square feet of lot area for each perma. nent resident and two hundred (200) square feet for each temporary resident. (e) Dimensional requirements. (1) Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: 1,800 square feet. (3) Minimum lot width: 40 square feet. (4) Minimum lot frontage: 26 square feet on a public street or an officially approved place. (6) Minimum yards: Front -20 feet. Side -5 feet for the first story plus 2 feet for each adds• tional story. Rear -20 feet. (6) Maximum building bulk: Height -36 feet. Building coverage -46 per cent. Floor area ratio—None. (7) Minimum building width: 20 feet for at least 75 per cent of the building's length. (0 General provisions. All principal anu accessory am parmit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section i 30.68. Supp, No. 26 2526 1'74.2- SEE s H1H IOWA CITY CODE b. Accessory use and building regulations: See section 3657. c. off-street parking requirements: See section 36-68. d. Olf street loading requirements: Not applicable. e. Sign regulations: SM section 3866. f. Fence regulations: See section 3646. (2) General provisions: See Article Iv. ia. Dimensional requirement@: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division S. d. Nonconformities: See Dhvirion 4. (g) Special provisions, (1) All nese or buildings which were conforming prior to De. camber 13, 1982, shall be construed to be conforming under the terms of this chapter. Any building containing a on. forming 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 chapter. (2) Any coaformingbuilding containing aconforminguse which has been )�ed or damaged by fire, explosion, act of P my may be rebuilt to its present state. (3) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re. quirements or the o&street Parking requirements. Sec. 36.14. EUgh density multifamily residential zone (R14- 44). (a) Intent It is intended that this zone establish aroo for the development of high density multifamily dwellings end group living quarters. Additionally, it is intended that this zone be located near an arterial street for Proper access. Due to the dif• ferent types of uses permitted within the zone, careful attention to site design and development is expected to amore that all uses aro mutually compatible. Supµ No. 25 2626 i 1 :S 0 ZONING 196-14 (b) PermiNed 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) Multifamily dwellings. (c) Provisional uses. (1) Family tate facilities provided they shall not be located within one-quarter (Si) mile of each other. (2) Fraternity/sorority houses provided there shall be three hundred thirty (330) square feet of lot area for each person residing on the premises. (3) Nursing homes subject to the requirements of section 38-66. (4) Religious institutions subject to the requirements of sec- tion 3856. (6) Rooming houses provided the total floor area shall not exceed three hundred thirty (330) square feet for each one thousand (1,000) square feet of lot area and that there shall be at least one hundred (100) square feet of floor area for each roomer. (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (4) Public utilities. (6) Schools—Generalized private instruction. (6) Transient housing provided that there is at least three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo- rary resident. Bopp. No. 25 2629 0 U i s 13&14 IOWA CITY CODE (e) Dimensional requirements. (1) Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: 1,000 square feet. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 feet on a public street or an officially approved place. (5) Minimum yards: Front -20 feet. Side -5 feet for the first 2 stories plus 2 feet for each additional story. hear -20 feet. (6) Maximum building bulk: Height -35 feet. Building coverage -40 per cent. Floor area ratio—None. (f) General provisions, All principal and accessory uses permit, ted within this zone are subject to the requirements of Articles M and IV, the divisions and sections of which are indicated as follows:. _ (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 36.56. b. Accessory use and building regulations: See section 36.57. c. Off-street parking requirements: Sae section 3658. d. Off-street loading requirements; Not applicable. e. Sign regulations: See section 36.60. f. Fence regulations; See section 3655. (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. SuPP• No. 25 2528 's ZONING 636-15 (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. See. 36.16. High-rise multifamily residential zone (RM -146). (a) Intent It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential envi. ronment. It is intended that this zone provide an efficient ar. rangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed to providing a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single. and two-family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multifamily dwellings. (e) Provisional uses. (1) Elderly housing subject to the requirements of section 3666. (2) Low-rise multifamily dwellings provided they are devel- oped in accordance with the dimensional requirements of the RM44 zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 zone provided they are located on the ground level or below in a high-rise multifamily dwelling. Supp, No. 25 2628.1 I 4 98.16 IOWA CITY CODE s (d) Special exceptions. 4 98.16 IOWA CITY CODE (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least three hundred (30o) square feet of lot area for each occupant. (4) Public utilities. .. (6) Religious institutions. - I, (8) Restaurants. I (7) Schools—Generalized private instruction. I (8) Transient housing. (e) Dimensional requirements I . (1) Minimum lot area: 6,000 square feet. (2) Minimum lot area per unit: 300 square feet. t r i i � I a I i EuPA Na 25 2628.2 f I 1 I /7Gz ZONING 136.17 I retail establishments specifically allowed in this zone. Any office use shall be permitted excepting the following. a. Drive-in facilities. b. Small animal clinics. (8) Optical, prosthetics, medical and dental supply stores, lim- ited to retail sales. (9) Pharmacies limited to the retail sale of drugs and pharma. ceutical products. (c) Provisional uses (1) Dwellings located above or below the ground floor of an. other principal use permitted in this zone provided that the density does not exceed one dwelling unit per one thousand eight hundred (1,800) 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. tion 3856. (d) Special exception (1) Barbershops and beauty parlors, laundromats, and laun. dry and dry cleaning pickup and delivery services. (2) Child can facilities. (3) Communication stations and studios. (4) Drive-in facilities associated with financial institutions. (6) Funeral homes subject to the requirements of section 3655. (6) Group care facilities provided that there is at least three hundred (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 three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo- rary resident. j Supp. No, 26 2531 L-:' 13s-17 IOWA CrrY CODE (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Minimum yards: Front -20 feet. iSide—None. Rear—None. (5) Maximum building bulk: Height -25 feet. Lot coverage—None. Floor area ratio -1. - (i) General provisions. All principal and accessoryuses Permit- ted within this zone are subject to the requirements of Articles HI and IV, the divisions and sections of which areindicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 36.56. b. Accessory use and building requirements: See section i 36.57. C. Off-street parking requirements: See section 3658. d. Off-street loading requirements: See section 36-59. e. Sign regulations: see section 36-60. f. Fence regulations: See section 36.65. (2) General provisions: See Article IV. e. Dimensional requirements: See Division 1. b. Tree regulations: see Division 2. c. Performance standards: See Division S. d. Nonconformities: See Division 4. Supp. No. 25 �1 i f 1 i i j . t i i .. y 9 Supp. No. 25 2530 ZONING 136-19 b. Accessory use and building regulations: See section 36.57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: See section 36-59. e. Sign regulations: See section 36.60. f. Fence regulations: See section 36.65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Thee 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 1 (3) acres or more than seven (7) acres. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quiremente or the off-street parking requirements. Sec. 36.19. Community commercial zone (CC4). (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 thor- oughfares. While these centers are usually characterized by in. door operations, certain permitted uses may have limited outdoor activities as specified. (b) Permitted uses (1) Business and personal service establishments except drive-in facilities. (2) Clubs. (3) Meeting halls. (4) Office uses allowed In the CO -1 zone, Supp. No. 25 2530 136-19 IOWA CITY CODE (6) Retail establishments, including restaurants, except those uses listed as special exceptions, (6) Theaters. (c) Provisional uses. (No text currently.) (d) Special exceptions. (1) Auto- and truck -oriented uses, (2) Cemeteries. (3) Child care facilities. (4) Commercial recreational uses. (6) Dwellings located above or below the ground floor of an. other principal use permitted in this zone, provided the density does not exceed one dwelling unit per one thou- sand eight hundred (11800) square feet of lot area, A max- imum of three (3) roomers may reside in each dwelling unit. (8) Funeral homes subject to the requirements of section 36.66. (7) Public utilities. (8) Religious institutions. (9) Schools—Specialised private instruction. (10) Transient housing provided that there is at least three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo. rary resident. (e) Dimensional requirementa (1) Minimum lot area: None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Minimum yards: Front -20 feet, Side—None. Rear—None. BuPP, No. 26 2636 174.2 z -.— - -- _ .- - . . _ _ _ 111 . - 'r ZONING 498.20 (6) Maximum building bulk Height -95 feet. Lot coverage—None. Floor area ratio -2.0. M General provisions All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article HL a. Permitted accessory uses and buildings: See section 36-66. b. Accessory use and building regulations: See section 36.67. c. Off-street parking requirements: See section 36.68. d. Off-street loading requirements: See section 3669. e. Sign regulations: See section 3680. t: Fence regulations: See section 3666. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Thee 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 re- quirements or the off-street parking requirements. , Sec. 3620. Central business service zone (C&2). (a) Intent The central business service zone (CB -2) is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areae, 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• Supp. Na 25 2637 / 7a I s 136'20 IOWA CITY CODE i date mixed land uses and requires that the intensity of use be less than that permitted in the CB•10 zone. i @) Permitted «sex i (1) Auto- and truck -oriented uses. (2) Hotels, motels and convention facilities. j(3) Permitted uses of the CB -10 zone. (4) Transient housing. (c) Provisional user � (1) Dwellings located above or below the ground floor of a structure in which the ground (loot 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 maxi- mum of three (3) roomers may reside in each dwelling unit. (2) Elderly housing Subject to the requirements of section 36.55. (d) Special exceptions. (1) Child caro facilities. (2) Clubs. ,i (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, i Supp. No. 25 2538 I ZONING f 96-21 (6) Maximum building bulk: Height -100 feet. Lot coverage—None. Floor area ratio -2.0. W General provision. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and 1V, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 36.56. b. Accessory use and building regulations: See section 3657. c. Off-street perking requirements: See section 3658. d. Off-etroet loading requirement: See section 3659. e. Sign regulations: See section 3660. f. Fence regulations: See section 3886. (2) General provisions: See Article W. a. Dimensional requirement: 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 park- ing requirement. Sec. 3621. 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 Towa City. Development and redevel- opment 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 Supp. No. 25 2539 17( .A 18&21 IOWA CITY CODE �\ retail, service, office and residential uses. Auto -oriented nese, 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 u 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 provi- sional use. (b) Permitted wee (1) Busiaese and personal service establishments, except drive- in fedlities. (2) Meeting halls. (8) Offloo nese allowed in the C0-1 zone. (4) Retail establishments, including restaurants, except drive• in facilities. (6) Theaters. (c) Provisional wee (1) Dwellings provided they are located above the ground floor of another principal use permitted in this sone. Three (9) roomers may reside in each dwelling unit. (2) Elderly housing subject to the provisions of section SM. (8) Hotels or motels provided that parking spaces shall be in accordance with section 88.68. (4) Wholesale establishments in conjunction with retail establishments. (d) Special exception& (1) Child care facilities. (2) Clubs. (8) Commercial recreational uses. (4) Off-street parking subject to the provisions of section 88.58. Sapp. No. 25 2640 /7Gz I ZONING 130-21 (6) Public utilities. (6) Religious institutions. (7) Sehools—Specialized private instruction. (8) Transient housing. (e) Dimensional regairementa (1) Minimum lot area None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Minimum yards: Front—None. Side—None. Rear—None. (6) Maximum building bulk: Height—None. Lot coverage—None. Floor area ratio -10.0. (0 Genenlpresisiona All principal and accesaery uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 3656. b. Acceswry use and building regulations: See section 3657. c. OR -street parking requirements: See section 3658. d. Off-street loading requirements: Not applicable. a. Sign regulations: See section 3660. f. Pence regulation: See section 3666. (2) General provisions: See Article W. a. Dimensional requirements: Bee Division 1. b. Tree regulations: Not applicable. SuDF No. 25 2541 196-21 IOWA CITY CODE �'\1 c. Performance standards: See Division 3. i d. Nonoonformities: See Division 4. (g) Specialprovisions. (1) The floor area ratio may exceed ten (10), up to and includ- ing twelve (12), for any lot for which a use provides off. street loading meeting the requirements of section 3659; or (2) The floor area ratio may exceed ten (10), up to and includ- ing twelve (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 twenty (20) per cent of the lot area. Sec. 36-22. Highway commercial zone (CH-1). (a) Intent The highway commercial zone (CH-1) is intended to permit development of service nese 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./j (b) Permitted use& (1) Auto. and truck-oriented uses. (2) Commercial recreational facilities (3) Dairy products processing and packaging. (4) Hotels, motels and convention facilities. (6) Office uses allowed in the CO-1 zone. (6) Restaurants. (c) Provisional use& (1) Retail establishments when associated with the uses al- lowed in this zone, provided not more than fifty (60) per I cent of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exceptions (1) Public utilities. _ Supp No. 25 2642 /7G.z- I ZONING 13&22 (2) Schools—Specialized private instruction. (3)Transient housing. (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: 100 feet. (3) Minimum lot frontage: None. (4) Minimum yards: Front -20 feet. Side—None. Rear—None. (6) Maximum building bulk: Height—None. Lot coverage—None. Floor area ratio -1. (D General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 3656. b. Accessory use and building regulations: See section 3657. c. Off-street parking requirements: See section 3658. d. Off-street loading requirements: See section 3659. e. Sign regulations: See section 3660. f. Fence regulations: See section 3656. (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) Specialprovislons. None. Supp. Na 2s 2643 /7G� I i W23 IOWA CITY CODE 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 to- ward buffering the negative aspects of these uses upon any resi- dential 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. (6) 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) Lumberyards, 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. (16) Office uses allowed in the C0.1 zone. (16) Plant nurseries and florist shops. (17) Printing and duplicating operations. (18) Repair shops. Sapp Na 26 2644 /7wl z ZONING 196.29 (19) Restaurants. (20) Wholesale trade and warehouse establishments for the goods listed in the I.1 zone. (c) Provisional uses (1) Ftimeral homes subject to the requirements of section 36-56. (2) Kennels and veterinary establishments provided they are not located within two hundred (200) feet of an R zone. (3) Retail establishments other than listed when associated with the uses allowed in this zone provided that not more than fifty (60) per cent of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exceptions (1) Adult businesses, such as message parlors and other sim- ilar establishments which feature nude dancers or models, provided they shall not be located within five hundred (600) feet of a restaurant or another adult business. (2) Cementitious concrete batch/mix plants. (3) Dwellings located above the ground floor of another prin- cipal use permitted in this zone, provided that the density j does not exceed one dwelling unit per one thousand eight hundred (1,800) square feet of lot area. A maximum of q three (3) roomers may reside in each dwelling unit. 9 (4) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (6) Public utilities. (6) Schools—Specialized private instruction. (7) Transient housing provided that there is at least three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo- rary resident. (e) Dimensional requirements (1) Minimum lot area: None. Bopp. No. 26 2646 i ' 196-23 IOWA CITY CODE (2) Minimum lot width: None. (3) Minimum lot frontage: None. M (4) Minimum yards: Front -20 feet. Side—None. Bear—None. (6) Maximum building bulk: Height -36 feet. Lot coverage—None. Floor area ratio -1. _ (fl General prooisiona All principal and accessory uses permi4 ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 3656. b. Accessory use and building regulations: See section I 36-67. . c. Off-street parking requirements: See section 36-68. d. Of Btreet loading requirements: See section 3659. e. Sign regulations: See section 36.60. j f. Fence regulations: See section 3646. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. i i i I Sapp, Na 25 ; i 2646 i i NOUN 3 Q r _- - ...f,. _.. ZONING 4 36-27 Sec. 9628, Reserved. Sec. 9627. General industrial zone (1.1). (a) Intent The general industrial zone (I.1) is intended to Pro- vide for the development of most types of industrial firma. Regu- lstions are designed to Protect adjacent nonresidential zones and other industrial uses within the zone. (b) Permitted uses, (X) Building contractor facilities, yards and pre assembly yards. (2) Communications stations, centers, and studios. (g) Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously pre- pared materials such as but not limited to bone, canvas, cellophane, cement, cloth, cork, feathers, felt, fiber, precious our, glass, hair, horn, leather, metal, paper, plastics, or semiprecious 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 fer- tilizer manufacturing. (8) Manufacture, processing and packaging of food and kin- dred products (except grain milling and processing, stock- yards and slaughterhouses). (8) Railroad switching, storage and freight yards and mainte. nines 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, gro- caries and related products, electrical goods, hardware, plumbing, heating equipment and supplies, machinery, equip- ment and supplies, tobacco and alcoholic beverages, paper and paper products, furniture and home furnishings. Supp. No. 25 2849 /7G.2- I -- 136-27 IOWA CITY CODE �\ (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, i (2) Heliports and helistops subject to the requirements of sec- tion 3655. (3) Public utilities. - - (4) Schools-4pecialized private instruction. (e) Dimensional requirements (1) Minimum lot area: None. (2) Minimum lot width: None. /- •. f l (3) Minimum lot frontage: None. v - (4) Minimum yards; Front -20 feet. Side—None. Rear—None. (5) Maximum building bulk: Height -45 feet. Lot coverage—None, Floor area ratio -None. (0 General provisions. All principal and accessory uses permit• ted within this zone are subject to the requirements of Articles RI and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section I i 36.56. Supp. Na 25 2550 I i ( ) { y ZONING 036-28 b. Accessory use and building regulations: See section 36.57. c. Off-street parking requirements: See section 36.68. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36-60. C Fence regulations: See section 36-65. (2) General provisions: See Article W. 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. 38.28. Heavy industrial zone (1-2). (a) Intent The heavy industrial zone (1-2) 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 fol- lowing 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 atone, clay, glass materials including Portland cement plants and quarries, f. Radioactive waste storage or disposal site. g. Steel mills. h. Stockyards and slaughterhouses. (c) Provisional uses. (1) Extraction of sand, gravel and other raw materials subject to the requirements of section 36-55. Supp Na 25 2551 76Z u 's 136.28 IOWA CITY CODE (2) Uses listed n provisional uses in the I.1 zone subject to the requirements indicated. (d) Special ezmption. (1) Junkyards subject to the requirement,, of section 36.66. (2) Public utilities. (e) Dimensional requirement& (1) Minimum lot area: None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Minimum yards: Front -100 feet. Side -0 feet. Rear -0 feet. (6) Maximum building bulk: Height -46 feet. Lot coverage -None. Floor area ratio—None. M Generalprooisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are. indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 36.66. b. Accessory use and building regulations: See section 3657. c. Off-street parking requirements: See section 36581 d. Off-street loading requirements: See section 36.69. e. Sign regulation: See section 3680. f. Fence regulation: See section 36.66. (2) General provision: Soo Article W. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. SuDR Na 26 2662 /7G.z iI E ■ y ZONING 4 9850 c. Performance standards: See Division 9. d. Nonconformities: See Division 4. (g) Special provisions. None. Sec. 98.28. Reserved. Sec. 9838. Public zone (P). (a) Intent It is intended that the public zone (P) provide refer- ence 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. i (2) Use of land, buildings or structures of the aforementioned hdmsl and site governments or political subdivlsioas theed (c) Provisional uvea None. (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 lows, or a political subdivision thereof, the buyer or transferee must submit an applica- tion to the city for a running to ■ zone other than the public zone (P) in accordance with section 98-88. (2) Land which in acquired by the government of the United States of America or the State of Iowa or a political subdi- vision thereof after the effective date of this chapter shall Supp. No. 28 2669 /7Gz 0 4 9690 IOWA CITY CODE retain its existing zoning designation until such time as, pursuant to section 88.88, the zoning map is amended to designate such land a public zone (P). (8) 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 permit- ted in this zone, rezoning to an appropriate zone in which the use is allowed shall be obtained. -The use shall be subject to all requirements of the zone in which it is al. lowed. Further, the zone shall be established as an overlay zone with the underlying zone retaining its original desig- nation of P. DIVISION 2. OVERLAY ZONES Sec. 8651. Flood hazard overlay zones—General. (a) Purpose. The purpose of the flood hazard overlay zones is to establish regulations to minimize the extent of floods and the �\ losses incurred in flood hazard areas and to promote the public �� health, safety and welfare. (b) Intent The flood hazard overlay zones are intended to per- mit only that development within the floodplain which is appro- priate in light of the probability of flood damage. The regulations as set forth herein shall apply to all property located in the floodplain, 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 Rood 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 re- lated to these documents shell be adopted or enforced based upon modified data reflecting natural or man-made physical changes without prior approval of change in the documents by the federal emergency management agency. i (d) Lands to which the overlay zones apply. The flood hazard overlay zones shall apply to all lands shown on the flood hazard SuppR No. 25 2664 /,(I 0 ,r ._ .. ZONING 138-31 boundary map as being located within the one hundred -year floodplain. (e) Determination of the location of floodplain and floodways. The boundaries of the floodplaine and floodways shall be deter- mined from information presented on the flood boundary and floodway map. In the absence of speck information, boundaries shall be determined by scaling distances on the map. Where interpretation is needed as to the exact location of the be und- ary aries, the city engineer shall make the necess In all cases, the level of the one hundred year flood shall interpretation. 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 hislher case to the board of adjustment for interpretation. (f) Disclaimer of liability. The degree of flood protection re- quired herein is considered reasonable for 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 shall not create liability on the pert 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 floodplain overlay (OPP) zone and flood - way overlay (OF14) zone The city hereby establishes a floodplain overlay (OFF) zone and a floodway overlay (OFW) zone' which boundaries are those of the designated one hundred -year flood and the designated floodway respectively, as shown on the flood boundary and floodway map. The OFP zone includes the OFW zone. (h) Public inspection. The city maintains for public inspection the following: (1) A flood hazard boundary map, a flood insurance rate map, and a flood boundary and floodway map. Sopµ No. 26 2666 H M 1r 636-31 IOWA CITY CODE �\ (2) Certificates of floodproofing (with building permits as applicable). (3) For all new or Substantially improved buildings in the floodplain: a. Information on the elevation of the lowest habitable floor including basement, b. A statement whether a building contain a basement, and c. A statement whether a building has been floodproofed and to what elevation. Sec. 3892. Same—Definitions. The following definition apply only in the interpretation and enforcement of the regulation of the flood hazard overlay zones: (a) Area of shallow flooding. The land designated AO on the flood hazard boundary map where no clearly defined channel exists and the path of flooding is unpredictable. (b) Area of special flood hazard The land in the one hundred. year floodplain designated on the flood hazard boundary map as areae AO and Al -A30. (c) Base /laod/one hundred -year flood The flood having a one per cent chance of occurrence in any given year. (d) Base /food elevation/flood protection eleoatiow The water surface elevation of the one hundred -year flood, which is shown on the preliminary revised flood insurance rate map (FIRM, assuming only that encroachment on the flood- plain that existed when the preliminary revised flood in. surance rate map dated May 17, 1984, was adopted. Addi• tional and complete encroachment to the floodway encroach• ment lines will cause the water level to surcharge one foot or less above the flood protection elevation as shown in Table I of the preliminary revised flood insurance study. (e) Construction, existing. Structures for which a building per. mit was issued before the effective date of flood manage- ment regulations. Supp Na 25 2666 1,7v',2- 0 ZONING 43&32 (0 Construction, new: Structures for which a building permit was issued on or after the effective date of flood manage- ment regulations. (g) Equal degree of encroachment: A standard applied in de- termining the location of encroachment limits so that flood- plain lands on both sides of a stream or river are capable of conveying a proportionate share of floodflows. This is de. termined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both aides of a stream for a significant reach. (h) Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source. (f) Flood hazard boundary map (FRBM. An official map of the city, issued by the FEMA, whe!a the boundaries of the flood areas having special hazards have been designated as areas AO and Al—A30. 0) 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. 0d Flood management regulations: Subdivision regulations, building codes, health regulations, special purpose ordi- nances (such as grading or erosion control ordinances) and other regulations which provide standards for the purpose of flood damage prevention and reduction. 0) Floodplain or floodprone area: Any land area susceptible to being inundated by water from any source. (m) Floodplain management The operation of an overall pro. gram of corrective and preventive measures for reducing flood damage including but not limited to emergency pre. . paredness plans, flood control works and floodplain man- agement regulations. (lupe No. 25 2667 /7002� i 1 1 4 9852 IOWA CITY CODE (n) Floodproofing: Any combination of structural and nonstruc- - tural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real and personal property. (o) Floodway.• The area located within the floodway overlay zone and described as the channel of a river or other wa- tercourse and the adjacent land areas that must be re- served in order to discharge the one hundred -year flood without cumulatively increasing the water surface eleva- tion more than one foot at any point. (p) Floodway encroachment lines: The lines marking the lim- its of floodways on the flood boundary and floodway map. (q) Roadway fringe The land located within the floodplain overlay zone and described as the land between the flood. way encroachment lines and the maximum elevation sub. ject to inundation by the one hundred -year flood as defined herein. (r) Habitable floor. Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, 1 or a combination thereof. A floor used only for storage purposes is not a habitable floor. (9) Mean sea level- The average height of the sea for all stages of the tide. Mean sea level shall be used as the elevation datum in Iowa City for purposes of these regulations. (t) Mobile home park or subdivision, existing: Land divided into two (2) 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 grad- ing or the pouring of concrete pads, and the construction of streets) commenced before the effective date of flood man- agement regulations. (u) Mobile home park or subdivision, expansion: The prepara. tion 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 Sapp. Na 25 2558 s 4 _- f zoNwu 136-33 i site grading or pouring of concrete pada, or the construc- tion of streets). i (v) Mobile home park or subdivision, new: Land divided into i two (2) 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 mini. mum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced on or afar the effective date of flood management regulations adopted by the city. (w) Reach: A hydraulic engineering term to describe longitu. dinal segments of a stream or river. An example of a reach would be the segment of a stream or river between two (2) consecutive bridge crossings. (x) Substantial improvement- Any repair, reconstruction, or improvement of a structure, the cast of which equals or exceeds fifty (50) per cent of the appraised value of the �1 structure, either (a) before the improvement or repair is ! i started or (b) if the structure has been damaged and is j �J being restored, before the damage occurred. For the pur- f Poses of this definition substantial improvement is consid. ered to occur when the first alteration of any wall, ceiling, ' floor or other structural part of the structure commences, i whether or not that alteration effects the external dimen- 1 efon of the structure. The term does not, however, include j either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a i structure listed on the National Register of Historic Places 1 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 frequen. cies in the floodplain of riverine areae, Sec. 983,8. Same—Floodplain overlay (OF?) rune regulation. i The uses and regulation applicable to development in the floodplain overlay zone are as follows: Sapp. No. 26 2669 I i I y IOWA CITY CODE (a) Uses Permitted Any use as permitted by the underlying ` zone shall be permitted in the OFP zone upon meeting the conditions and requirements prescribed in this zone. (b) Requirementa (I) In areas where water depths in the one hundred -year flood range between one and three (3) feet, all new construction and substantial improvements of nonres• idential and residential buildings shall have the low. est floor, including basement, elevated above the crown of the nearest street or above the depth number be. hind the AO designation on the flood insurance rate map, whichever is higher. Alternatively, nomesiden• tial buildings, including utility and sanitary facilities, may be completely floodproofed to the highest level j mentioned above. The walls and basement floor shall be completely waterproofed and built to withstand lat- aral and uplift water Pressure. (2) In areas AI—A30, all new construction and suhatan. tial improvements of nonresidential and residential ` buildings shall have the lowest floor, including base- meat, elevated to or above the one hundred -year flood level as shown on the flood insurance rate map. Alter- natively, nonresidential buildings, including utility and sanitary facilities, may be'completely floodproofed to the level of the one hundred -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, (9) When tloodproofing is used for nonresidential build. fags, a registered Professional engineer or architect shall certify that the floodproofing methods are ade. quate to withstand the flood pressures, velocities, im. pact and uplift forces, and other factors caused by the one hundred -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 floodproofed (based on mean sea level) shall be attached to the certification. 6aPA Na 25 2660 I i /0, ZONING 136-33 (4) All new individual mobile homes, new mobile home parks, expansions of mobile home parks, and mobile home parks where the repair, reconstruction or im- provements of the streets, utilities and pads equal or exceed fifty (60) per cent of their value before the repair, reconstruction or improvement was started, shall have stands or lots that are elevated on com- pacted fill or on pilings so that the lowest floor of the mobile home will be at or above the one hundred -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 pil- ings, the lot must be large enough to have steps up 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 ten -foot centers or less. (6) Individual building permits shall be required for the placement of any mobile home in the floodplain where water depths are one foot or greater in a one hundred- year undred- All mo (6). All mobile homes placed, atter the effective date of these regulations in the one hundred -year floodplain which floods to a depth of one foot or greater shall be anchored to resist flotation, collapse or lateral move- ment by providing mer -the -top and frame ties to ground anchors. There shall be top ties at each corner with one midpoint tie on each aide of mobile homes shorter than fifty (60) feet. Longer mobile homes shall have two (2) ties at intermediate points on each aide. There shall be frame ties at each corner with four (4) additional ties on each side of mobile homes shorter than fifty (60) feet. Longer mobile homes shall have five (6) ties on each side. All parts of the anchoring system shall have a strength of four thousand eight hundred (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 City Police Department showing alter- native vehicular access and escape routes. Buyµ No. 25 2661 0 i 13633 IOWA CITY CODE (8) For all land development proposals, base flood eleva. _ tion data on the preliminary plats or plane 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 compliance 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 includ. ing structures and other activities such as filling, paving and dredging in the 0FP zone, and shall require building permits according to Chapter 3 of the Uniform Building Code. b. Review all permit applications to determine whether Proposed building sites will be reasonably safe from flooding. If a proposed building site is in a floodprone area, all new construction and substan- tial improvements (including the placement of pre. fabricated buildings and mobile homes) shall be: �1 1. Designed or modified and adequately anchored to prevent flotation, collapse, or lateral move- ment of the structure, 2. Constructed with materials and utility equip- ment resistant to flood damage, and 3. Constructed by methods and practices that minimize flood damage. c. Review subdivision proposals and other proposed new developments to determine whether such pro- posals will be reasonably safe from flooding. If a subdivision proposal or other proposed new devel. opment is in a floodprone area, any such proposal shall be reviewed to assure that: 1. Flood damage within the floodprone area is minimized to the extent possible, 2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located Sapp. No. 26 2562 's Bopp, Na 25 2663 /7G� ZONING 136-34 - and constructed to minimise or eliminate flood damage, and 3. Adequate drainage is provided to reduce ex- posure to flood hazards. d. Require within floodprone areas: 1. New and replacement water supply systema designed to minimize or eliminate infiltration of floodwaters into the systema, 2. New and replacement sanitary sewage systema to minimize or eliminate infiltration of flood- waters into the systems and discharge from the systems into floodwaters, and 3, On$ite waste disposal systems located to avoid impairment to them or contamination from them during flooding. Sec. 3654. Sema—I7oodwayoverlay (OFW)zoneregulations. The ones and regulations applicable to development in the floodway overlay zone are as follows: (a) Uses Permitted The following uses shell be Permitted in the OFW zone to the extent that they are otherwise per. mitted in the underlying zone: (1) Boat docks, ramps, Piers for publicly owned structures, (2) Dame, Provided they are constructed in accordance with regulations of the public works department, the Iowa Department of Water, Air and Waste Manage- ment, and other federal and state agencies. (3) General farming, Pasture, outdoor plant numerics, hor- ticulture, 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 rid• ing trails, open space and other similar private and Public recreational uses, (6) Lawns, gardens, play areae, bikeways, pedestrian path• ways and other similar uses, Bopp, Na 25 2663 /7G� 's 13644 IOWA CITY CODE (6) Parking and loading areas provided they are located no closer than thirty (30) feet to a stream or river bank. (7) Streets, overhead utility lines, creek and storm drain• age facilities, sewage or waste treatment plant out, lets, water supply intake structures and other similar public or utility uses. (b) Uses permitted by special exception. The following uses may be permitted within the OFW zone to the extent that they are otherwise permitted in the underlying zone upon approval of a special exception in accordance with the standards, procedures and requirements of section 36.91, herein. (1) Open storage of any material or equipment. (2) Parking and loading areas located within thirty (30) feet of a stream or river bank. (3) The reconstruction, rehabilitation or restoration of 8hW tures 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 arty cial obstruction, substantial improvements of existing structures or other development unless a special ex. ception is granted (2) Expansion of an existing mobile home park. (d) Requirement& There shall be no encroachment of fill, new construction, substantial improvements or any other de• velopment that will result in any imreaee in the one hundred. year flood level. Sec. 3636. Same—Special exceptions Uses listed in the floodway overlay zone requiring approval of a special exception may be established only alter approval by the board of adjustment upon compliance with the following proce. dures, standards and requirements: (a) Application. Applications for special exceptions shall be filed with the board of adjustment for review and consider. Supp. Na 25 2664 �I ZONING 136-35 ation. The applicant shall submit to the board completed forms together with four (4) seta of plans drawn to scale, showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of ma. terials, floodproofing measures, and the relationship of the above to the location of the channel floodway and one hundred -year flood elevation as shown on the flood insur. ance 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 areae adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (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 eleva- tions of streets, water supply, sanitary facilities; pho. tographs showing existing landuses and vegetation upstream and downstream; soil types, and other per- tinent information. (9) A profile showing the slope of the bottom of the channel. (4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel im. provements, storage of materials,. water supply, and sanitary facilities. (5) Additional information as may be required. (b) Standarda The following standards shall apply to special exceptions: (1) Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount placed shall not be greater than necessary to achieve the purpose demonstrated on a plan submit- ted by the applicant. Any fill or other materials shall be protected against erosion by riprap, a vegetative cover or bulkheading. Sopµ No. 25 2665 /7Gz 1 seas IOWA CITY CODE (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 prohib- ited 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 atter flood warning. (c) Factors In passing on an application for a special excep- tion, 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, con. tamination and unsanitary conditions. (8) The susceptibility of the proposed facility and its con. tents 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. (6) The safety of access to the property in times of flood for ordinary emergency vehicles. (6) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. Sec. 86.96. Same—Nonconforming structures. (a) If any nonconforming structure is destroyed by any means, including floods, to the extent that the cost of restoration or replacement would equal or exceed fifty (60) per cent of the ap. praised value of the structure before the structure was damaged, the following regulations shall apply: (1) If a nonconforming structure is in the floodway, the struc- ture may be reconstructed; however, it shall not be ex. Supp. No. 25 2666 M ZONING y3sw panded, 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 oocurred. Upon reconstruction, the structure shall be adequately and safely floodproofed or elevated to the level of the one hundred. year flood as shown on flood insurance rate map. (2) If a structure is located in the floodway fringe it may be reconstructed provided it is adquately and safely floodprWod 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 fifty (60) per cent 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. S.ec. 3637. Same—Variances. (a) General requirements for granting of variance In all cir• J cumstances 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 one hundred -year flood would result. building below theeone hu dred•yeaiissuance f flood'leveell wilto llresulttin increased Premium rates for flood insurance coverage because such construction below the level of the one hundred -year flood increases risks to life and property. The applicant should contact his/her insurance agent for further information. (c) Approval by the Iowa Department of Water, Air and Waste Management All decisions to grant a variance shall be submitted to the Iowa Department of Water, Air and Waste 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. Supp, No. 25 2667 174Z 1 9857 IOWA CITY CODE Note: The provisions in sections 38-30 through 37 are eesen• Bally the same exerted in the adoption of this chapter. zoning ordinance prior to the Seca. 98.38-,%g.4S. Reserved. Editor'n no4—Section 18 of Ord , Na, 80.8211, adopted Nov. 6, 1881, repealed bt9838 98.99,ao 8airportovarlayranee.theallp theightratrQ0. are now handled in County, and codified as t, V trport uning ordinance, passed Jointly with Johueen Art, V otCh. � in this volume. Sea 38.44• River corridor overlay (ORC) zone—Generally, (a) Finding& The Iowa River and adjacent land are valuable natural resources, essential elements in local Sewer, water and recreational systems, ani serve important biological and ecologi. cal functions. The river corridor also functions as the area's most significant natural amenity which playa m important role is the ongoing development of adjacent commaniimp The -Prevention role ntthe and mitigation of irreversible damage m these resources and the Preservation and enhancement of their natural, cultural, and historic values is in furtherance of the health, safety and general welfare of the city. to: (b) Purpose The purpose of the river corridor overlay zone is (1) Protect and preserve the Iowa River as a natural drain ageway and source of ground and surface water; (2) Conserve the natural resources of the corridor so that the corridor retains its value as a significant amenity to the adjacent communities; (3) Provide for compatible land uses; (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; Supp. No. 2Z 2568 /7a: 2- 'r ZONING 43646 (2) Ensure responsible development that will not impair ei. ther the public's visual access to the river or the public's view from the river; (3) Encourage the development of a one hundred -foot vegeta- tive buffer between the river bank, as defined, and new development; (4) Encourage the use of natural vegetation or other appro- priate means of erosion control that are in keeping with the intent of this zone; (6) Encourage the preservation of overstory vegetation for ero- sion control and for aesthetic purposes. (d) Establishment of river corridor zone. The ORC zone with its attendant regulations is hereby established as part of this chap- ter. 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 is delineated on the official zoning map on file in the office of the city clerk and shall be available for inspection and copying. Croce reference—Iowa River, 124.76. Sec. 3646. Same—Definitions. The following definitions apply only in the interpretation and enforcement of the regulations of the river corridor overlay zone: (a) Floodway encroachment lines: The lines marking the lim. its of floodways on the flood boundary and iloodway map. (b) Horizontal setback A horizontal line drawn landward from the fioodway encroachment line or the river bank, as de- fined, which is perpendicular to the floodwey encroach- ment line and/or the river bank. (c) River bank- Water level line at six thousand (6,000) cubic feet per second (cfs) outflow from the Coralville dam. Sec. 3646. Same—ORC zone regulations. (a) Permitted uses. Uses permitted in the ORC zone shall be the same as those otherwise allowed in the underlying zone sub. Supp. No. 26 2669 ■ 19616 IOWA CITY CODE �\ ject to the requirements of subsection (b) of this section. In addi- tion, commercial river recreational uses shall be permitted in underlying industrial and commercial zones. (b) General requirements. All development shall meet the fol- lowing requirements: (1) Compliance with the floodplain ordinance where applicable; j(2) A thirty-foot horizontal setback from the floodway encroach- ment 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 thirty-foot setback area; in the Supp. No. 26 Me next page is 26791 2670 i I i 7 i i I i ------- i ZONING 136-53 i In the event commercial uses are approved as a part of a planned development, a building permit for the commercial uses j shell not be issued until a minimum oftwenty-five (25) per cent of the 11 housing units planned for the area (or approved subarea) have been completed or will be built simultaneously. Separate build• ing permits shall be obtained by the developers for the construc- tion of housing and commercial uses where separate buildings are to be used. � Note: The provisions in section 3647 are essentially the same j as existed in the zoning ordinance prior to the adoption of this chapter. Secs. 3648-3642. Reserved. l ' Editor's nota—Pursuant to the direction of the city, 46 36be-36-54, concern. Ing historic preservation overlay (OHP) sones, have been removed from the Code. See Art, V of Ch. 27 for material concerning historic preservation. Sec. 3659. Historic preservation overlay(OMmone—General, (a) Purpose The purpose of the OHP zone is to: (1) Promote the educational, cultural, economic and general 1 welfare of the public through the protection, enhancement, and perpetuation of districts of historic and cultural signif• icance located in the City of Iowa City; (2) Safeguard the city's historic, aesthetic, and cultural heri• tage by 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 achieve. (I ments of the past; ; (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 Supp. No. 25 2586 + . �/ i i Is 136-53 IOWA CITY CODE (7) Promote the use of districts of historic and cultural signifi- cance as sites for the education, pleasure and welfare of the people of the city. (b) Descriptions. An OHP zone is an area that contains abut- ting pieces of property under diverse ownership which: (1) Are significant to American history, architecture, archae- ology and culture or Iowa City history, architecture, ar- chaeology and culture, (2) Possess integrity of location, design, setting, materiels and workmanship, (3) Are associated with events that have made a significant contribution to the broad patterns of our history, (4) Are associated with the lives of persons significant in our past, (6) 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 indi- vidual distinction, (6) Have yielded, or maybe likely to yield, information impor- tant in pre -history or history. Cross reference—Historic preservation, 127.81 et seq. Sec. 3654. Same—Procedures for designation of OHP zones. (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 commis. sion shall hold a public hearing on any proposal to designate 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 ad. dressed to each property owner of land included within such proposed OHP zone at his/her last known address. Ifthe address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the Supp. No. 25 2586 ` 174.2- I3 ZONING 13644 property in question. The city clerk shall file an affidavit of mailing setting forth the names, addressee, 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 commis- sion shall submit its report to the planning and zoning commis- sion 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 preservation of the Iowa State Historical Department for review and recommendations concerning the proposed area. Com- ments from the office of historic preservation regarding the pro- posed area shall be received by the city prior to the date of any action taken by the planning and zoning commission which seta forth recommendations to the city council on an ordinance estab- lishing the proposed area as an OHP zone. (b) Within sixty (60) days of the receipt of the report, of rec- ommendations 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 improve - menu and other plane for the renewal of the area involved. The planning and zoning commission shall recommend approval, dis- approval or modification of the proposed OHP zone. Upon sub- mission of the report of the planning and zoning commission, or upon the expiration of the sixty (60) day period, the matter shall be transmitted to the city council. The historic preservation com- mission 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 preservation 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. Sapp. No. 75 2687 /7G,2- i s a 196-64 IOWA MY CODE (d) The recommendations from the office of historic preserve. tion 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 1 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 pub- lic access. Upon receiving the recommendations of the office of historic preservation on the proposed area and/or altered proposed area, t the city council shall provide notice of such hearing as provided by law and conduct a hearing l public on the ordinance establish- ing an OHP zone. The council may adopt or reject the ordinance i or may refer the OHP zone designation to the historic preserve- tion commission for modification. If the council refers the OHP zone designation to the historic preservation commission for modi- fication, the procedures described in I subsections (a) through (d) of this section shall be followed, with the exceptions that, unless substantial modifications are proposed, the public hearing re- quirement 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 preservation commission. DIVISION 3. ADDITIONAL REGULATIONS Sec. 36.66. Use and requirements. The following principal uses aro listed as provisional uses or special exceptions 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 Bupp. No. 26 Me next pegs is 2691J 2688 i /7Gz Z. ZONING 136-56 (6) Sale of refreshments shall be limited to patrons of the theater. (6) No central loudspeakers shall be permitted. (7) Amusement areae 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 lees than ten (10) feet from the side lot line in common, the zero lot line dwelling shall be located so that there is a minimum of ten (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 ten -foot sepa- ration is retained. i (2) No portion of a wall, roof, or appurtenance on the zero aide yard shall project over the lot line. Openings in the wall shall be prohibited. (3) Legal provision shall be made for permanent acmes for the maintenance of the exterior portion of the pro- posed 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 side yard of a minimum of ten (10) feet. (6) Each dwelling unit shall be provided with separate building access and with separate utility service from the street or rear lot line. (g) Elderly housing. hundred n six ( (1) Elderly600) feet f a p bc l �transit system with l be located �regular routes. (2) Dimensional requirements: a. Minimum lot area per unit: Three hundred (300) square feet. b. Minimum yards: None. Supp. Na 25 2593 ;A i 198-56 IOWA CrrY CODE 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 addi- tional 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 build- ing above the window Bill of any window of a dwelling unit located on the Bide next to the adjacent building. (See figure below). The dis- tance 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. Elderly Adjacent Housing i� Building Building i i 1 �- — — 2 Window Sill (h) Extraction. (1) Approval for 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 Hopµ No. 26 - 2694 /7L.Z CI i ZONING 136-66 I 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. (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 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. (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 warehousing shall not exceed forty (40) per cent of the total floor area. b. Fences are erected according to section 3866. C. Off-street parking and loading are provided ac- I cording to section 36.58 and section 36.59. d. Signe are erected according to section 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 I including but not limited to printing, publishing, design, f development, fabrication, assemblage, storage and ware- housing, and child care facilities provided that: ; (1) Fences are erected according to section 36-65. (2) Off-street parking and loading are provided according to section 36-58 and section 36.69. (3) Signe are erected according to section 36-60. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. Su010. Na 26 2599 ;M i Z. 13"7 I0wA crry c00E See- 38.67. Accessary�\ use end 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 con. I strutted prior to the start of construction of the principal building. (2) Setback from property lines. Except as otherwise provided, an accessory building shall be ted from lot linea in compliance with the followin i g requirements: i e. Accessory buildings, except for roadside stands, shall I not be located in a front yard and garages and carports ' shall be located to provide a minimum twenty -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 rive (6) 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 sixty (60) feet from the street. In as ORP zone, an accessory building shall not be located �- I in a side or rear yard, An ZZ accessory building for a zero lot line dwelling comply with the above require. menta and shall not be located in the required ten•foot I aide yard. c. Setback from alley, When a garage or carport is en• tered directly from an alley, it shall not be located closer than ten (10) feet from the alley right-ofway line. (3) Setback from principal building. No portion of an acres. Dory building shall be located closer than six (6) feet to the principal building. (4) Maximum rear yard coverage. In R zones, accessory build- ings shall not occupy more than thirty (30) per cent of the rear yard area. Bu0A No. 26 i 2600 \ v I ' ■ ZONING 136.58 i (6) Maximum height. Accessory buildings and structures shall not exceed a height of fifteen (16) feet in R zones nor the maximum height permitted for a principal building in other zones. (b) Attached accessory buildings. Attached accessory buildings WWI be located pursuant to the requirements for principal build- ings. Attached garages and carports shall be located on a lot so that a minimum twenty -foot length "aisle" between the building and the street right -of --way line is provided. Sec. 98.6& Oif44reet 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 r� commencement of a principal use a minimum number of off-street parking and stacking spaces as follows: 1 Supp. No, 26 A 2601 i I o Principal Use . i ri jl (1) Residential uses - P e. Family cue facility Four(4) puking spew - 1. Where permitted e:• b. Hotels and motels ti. e. Mobile sad modular homes d. Multifamily dwellings Zone NumberofSpaoes I I I i i ri jl m Where permitted Four(4) puking spew - 1. Where permitted e:• One and one-quarter (1K) perking spew for sept C&30 each guest unit - - 2. CB•10 Puking spew eball be furnished by pooviding spaces within a publicly awned perking fseility located within three bundnd (300) fat of the hotel or motel, as specified by a written agree• ment between the owner of the hotel and the p owner of the puking facility; a ore god co► quarter (1%) perking apame fa each goat unit on the same led u the use served or within three hundred (30 feet RMH Two (2) puking spaces _ for each home C 1. Where permitted ex. According to the following table; m sept high -rim in the RM -146 and C11-2 Floor area, parking spans renes (e* fr) per choelling unit Up to goo Ib &A and . -. 2.0 ova 2. High -rim In the One spam fa each dwelling unit RM -145 and CB -2 renes I 1 I I I i i ri jl aOs Prindp lUK Zone - Num6cojspaas . P P J. Machinery salsa When, parmitfad One parking kpoe far cath night hundred (g00) 1 - "vehicle square reef of floor area k. ails and rental, - - Where permitted One parking spare for each five hundred (600) square feet of floor area L _ 1. Where permitted w ... One parking span fm each two .humdrod (200) . oept CB -2 square feet of floor area 2. CBB2.. One parking span !ar'oach three hundred (900) Square feet of flea arse . on. Ofioas,clinin When permitted Two (2) parking spaces for each office, examining m room and treatment room provided, however, there shell not be lees than five (6) specee coon n. Personal service bueiumeae, beauty Parlors, barbershops Where permitted Two spaces for each barba or beauty parlor chair Gr o. )Pe mars]businessesicebusinesses(other than When parmiKed One parking open for each one hundred fifty . . (160) square feet of floor area p• iteml agendas, equipment and sup Plifart When permitted One space fa each five hundred (600) square of interior and exterior storage ars for ental supplies and equipment e ning foo and velagWor cane die q. penningmm beverage for cc°s°°iP' Whore permitted One parking space for each one hundred fifty pnndon the promises Re (160) square feet of floor ane, or perking spaces equal in number to one-third M the occupant load of the Beating Brea, whichever is los - r c. Laboratories, research, development Where permitted MA tasting d. Manufacturing or establishments an. Where permitted gaged in production, proceaeing, perk• ing and rating, cleaning, servicing, or repair ofmeter", goods, or products e. Mata and railroad freight terminals, Where permitted cartage, express and parcel dslivery Numberof8pm Afsclpaf Uw Zoe. rant On parting space for each filly (50) quare feet P r. Restaurants, drimin or carryout Where permitted 7 One parting apace foreachtwo hundred (200) b? a Retail stores and shops (other than Where permitted One parting space for each four hundred ON) land) . t. litudia and ratan, radio and alevi. Where permitted The sum total of parking spans shall be dale, elm mind an the Mea of the puking spew m (s) Lndurrial uw I r quirod for uses individually such ae office area a. Contractor and construction eeabllah• Where permitted and warehour apace ments and yards no sum total of parking spaces shall M def.-, t] j . mind on the Mea of the parking spas m b. Junkyards Where permitted c. Laboratories, research, development Where permitted MA tasting d. Manufacturing or establishments an. Where permitted gaged in production, proceaeing, perk• ing and rating, cleaning, servicing, or repair ofmeter", goods, or products e. Mata and railroad freight terminals, Where permitted cartage, express and parcel dslivery Numberof8pm On parting space for each filly (50) quare feet dflooraw,but ntlw than flue (8)spaw 7 One parting apace foreachtwo hundred (200) equsre fat ofretail floor area One parting space for each four hundred ON) .quare feet offloor area The sum total of parking spans shall be dale, mind an the Mea of the puking spew m I r quirod for uses individually such ae office area > and warehour apace no sum total of parking spaces shall M def.-, t] j . mind on the Mea of the parking spas m 8 quired for new individually such as office area andgwagespce - Onespace for each sit hundred (6M) squaw feet offloaares On parking spas for each dt hundred (800) square fwt dfloor ere. i i One parking span fa each eight hundred (NO) I - square feet of flan area i I I zm E �- ZONING 13668 r - vehicle occupying a paridng apace. For aingledemily dwellings (including zero lot line and townhouse r unite) and duplexes, when located pursuant to the requirements of this chapter, one space may be behind another. E No parting aro& shall be designed in such a man. ner that exiting a parking area would require backing into a street. g. If the number of parking spaces required or pro- vided for a use or a combination of nese on a lot is greater than eight (g) spoon, none of those spaces may be located in such a manner that would re- quire backing into an &Hey. h. Parking spaces along lot lines and alleys shall be provided with car steps or curbing so no pert of a parked vehicle an extend beyond the lot line or into the alley. In addition, traffic islands of pervi. fous or impervious material shall be located so i that parking spaces are separated from drives �\ and alleys in a manner similar to that illustrated 1 below: - 1: . � rLllaTL LLIrL i• I,? i. All perking epaoas, electing spaces, drives and aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water Brom such areas onto streets and alleys which do Bap0. Na 26 2613 �7Gz j IOWA CITY CODE � I not have adequate drainage facilities as determined . by the city engineer. J. In all parking areas required by this chapter, park- ing spaces shall be visibly delineated on the sur- face by painted or marked stripes. L If two (2) or more parking areae on a lot are con- : netted by a drive, the parking areae shall be de- signed so that an aisle connected to more than twelve (12) parking spaces is not used as a drive in providing access to another parking area. (9) Location• Parking spaces, aisles and drives shall be located as follows, j a. General. 1. Off-street parking and stacking spaces, aides .. and drives shall be located on the same lot as the use served axes$ a provided in subset- tion (d) 2. In all R sones, except for earn lot line dwell- h4m and in all other tare" abutting an R zone, drives and aisles shall not be located claar than three (a) fast to a lot lina or an R sane boundary union pitched or curbed and dreiaad to prevent the now of water soft ad- Joining Property or unless a drainage tours has been established along Id lines fer the Purpose of storm water rums: a. Parking area in a C or I zone "H not be f located cheer than five (5) fat to an R zone. 4. Except for single-family dwellings (including zero fat line and townhouse units) and duplex- j a, no parking apace shall be located elan Ulan five (6) feet to a ground floor doorway or a window of a dwelling unit, i b. Front yard. 1. Except as provided below, in R zones and in the C and I zones within fifty (50) feet of an R zone, no parking shall be permitted in the t front yard. ' Supp Na 25 2614 i /7GL i ZONING 49858 2. For detached single-family dwellings in the R ranee, one of the required parking apses may m be Provided in the front yard on a regularly y constructed aisle Provided that not ler than My (50) per cent of the front yard aro. shall ranuan it, Open S. For sera lot line ddwwellliin � � �a0e' cgs, the a qui and ark. aY rare facilities, two (2) of the required Park. 'ng auras may be Provided in the. front yard on ■ regularly constructed aisle Provided that not ler than fifty (60) Per cent of the front yard area shall remain in open spew free of impervIn the ous swam. , only ten (10) per cent of he required number of Parking spaces maybelocated in the front yard not closer than fifty (60) feet to a street. 6* where the Paved surface of a street is nar. rower in width than twenty-eight (28) feet, four (4) of the parking spaces required by Chap. ter 32 (Subdivision Regulations) may be la ated in the front yard on a regularly con. strutted aisle. c. Side yard. Except for single- and two-family dwell• ings or where two (2) Iota 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 fe contiguous to the principal build• ing oa a lot. d.. Rear yard. Parking and stacking spaces, drives and aisles may be Provided in the rear yard. (d) Ojj-street parking located on a separate lot Where two (2) or more uses share the same off-street Parking and stack. ing 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 are lofted 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 Supµ Na 26 2816 i 13668 IOWA CITY CODE �\ 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) Oft -street parking location. 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 to serve, shall not be greater than three hundred (300) feet. b. In I and ORP zones, the nearest point of the park- ing area to the nearest point of the building that the parking area is required to serve, shall not be greater than six hundred (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 apace require- meats of all such uses. (4) Up to fifty (60) per cent of the parking spaces required for commercial recreational uses, clubs, schools or res- taurants and up to one hundred (100) per cent for a religious institution may be shared by financial inti• tutions, offices, retail establishments, repair shops, per- eonal service establishments and similar uses not nor. mally open, used or operated during the same hours. (6) 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 as. sign shall be submitted with the special location plan as a covenant running with the land. (6) In instances where a use is within six hundred (600) feet of a city -owned parking area, up to fifty (60) per cent 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 Supp. No. 26 2616 ) /,7r, Z i ZONING 198-58 1 city-owned parking facility, the board shall substanti- ate that, with the addition of the number of care for a use accommodated in the facility, the capacity of the i parking facility will not be exceeded. (7) In assessing an application for a special exception, the I board shall consider the desirability of the location of off"etrest parking and stacking spaces, aisles and drives, on a lot Separate from the use served in terms of Pedestrian and vehicular traffic safetyand any dem• mental effects such of<etreet parking and stacking spaces, aisles and drives may have on adjacent property. (e) Screening requirements In addition to the applicable re• quirements for screening of section 96.76(), the following screening requirements in connection with parking areas shall be met: (1) Where a parking area is provided on a lot within fifty (50) feet of an abutting lot with a residential use which requires four (4) or fewer parking spaces, the portion j of the parking area within fifty (60) feet of the abutm Jting lot ahsil be screened from view within the abut ting lot or at such time as provided in section 96.76(). (2) Where a parking area is provided on a lot within one a hundred (100) feet across the street from a lot with a residential use which requires four (4) or fewer park- I ing spaces, the portion of the parking area within one hundred (100) feet shall be screened from view within the lot or at such time as provided in section 96.76(). ' (9) The materials for screening and the placement shall comply with the regulations of section 38-76j). � (4) The board of adjustment may grant a tion tom ewhen park. edify the screening requirements when s park- ing area requires screening as provided in subpara- graphs (1) and (2) above, when neither the lot on which the parking area is located and the lot abutting or across the street are coned RS, The special exception shall I be subject to all the requirements of section 96-91(g) and J may only be granted when the applicant can demeniAmte that modification of screening requirements would better ! serve the public interest than would strict compliance Supp. Na 26 I 9617 i � 6 98b8 IOWA CITY CODE with said requirements. Public interest may include but is not limited to reasons of public safety or aes. thetics. In no case shall a special exception be granted to modify the screening requirements for a lot abut• ting or across the street from a lot in an RS zone, (n off-street parking in the CB -10 zone Except as otherwise provided, otrstreet parking in the CB -10 zone shall be permitted only after approval of a special exception by the board of atustment. 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 i 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 (6) feet. (2) Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering or leay. ing the parking area shall be clearly visible to a pe. destrian on any sidewalks at a distanceof not less �I than ten (10) feet. (3) Signs, Appropriate signs, including atop signs posted at the exits to streets, shall be provided. (g) Special vehicle parking and storage In an R zone certain vehicles because of special characteristics shall comply with the following requirements: (1) Vehicles more than seven (7) fe_t in height shall not be Parked in the front yard or aide yard, and unloading, urpexcept upon a regularly constructed aisle for the poses of loading (2) Commercial vehicles designed for the shipment of deb onable 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, (h) Parking for handicapped persona Where a use is required f to Provide accessibility for handicapped persona, at least two (2) per cent of the parking spaces shall be set aside and Bapµ No. 25 2818 I ' /%(:,2.. 1 1 ZONING 4 S&M identified with signs for use by handicapped persons. The spaces shall be a minimum of twelve (12) feet, six A) inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (i) Modification ojparking requirements Where it can be dem- onstrated that a specific use has such characteristics that the number of parking or stacking spaces required is too restrictive, the board of adjustment may grant a special exception to allow not more than a fifty (50) per cent reduc. tion, and more for buildings placed on the National Regis. , ter of Historic Places, in the required number of parking or stacking spaces. - Gross reference—Stopping, standing and perking, 123-234 et seq. Sec. 9869. Off-street loading requirements. Except in the CB -10 zone, off-street loading spaces shall be provided and maintained in compliance with the following requirements: (� (a) Required number of off-street loading spaces with any retail use, warehouse, supply house, wholesale distributor, manufacturing establishment, industrial or research labo- ratory, or similar use which requires the receipt or distri. bution of materials or merchandise by trucks or vans and Which has a floor area of ten thousand (10,000) square feet or more, there shall be provided the minimum number of loading spaces as follows: Square Feet ofAggregate Minimum Required Number GrossFloorArea of Spaces 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 y 80,000 to 120,000 4 120,000 to 160,000 6 For each additional 80,000 1 additional (b) General rules applicable to off-street loading. Except as Otherwise provided in this chapter, the same rules appR. Supp. No. 26 2619 -- f 88b$ IOWA CITY CODE cab off le to Off-stres,etrnet oadingt Parking, section 36-66(6), shall apply to (c) Design regatrementa (1) All loading spaces Shall be constructed of trete or similar Permanent dustGeo surface, con. (2) Lending spaces shall ) twelve l (12 width, twenty five (26) be feet a mininilemngth, and tweum of ten (30) fee t in fal feet in height, exclusive of aee. When more el a (12 (2) spaces are required, the two spun other than the fust two (2) shall be not leas than twelve (12) feet in width, aeventy-two (72) feet in length, and fourteen (14) feet in height. (3) All loading spam WWI be pitched and drained to Prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage 6,MU.. (d) Loading space location. t in e CB -2 (1) c ted so that trucks or vans to be , loading loaded or uunlaces shall oaded UP In R ando not d ORP zonto ona t of a etrest. fifty (60) feet of an R or ORP zone, nd in tile C no loadingd I zones plain ace shall be located in the front I yard. (3) Loading Vanes be provided within a side or rear Yard but shall not be located closer than five (6) feet to a lot line. Se 36.60. Sign regulations[—Generally,] W Incest It is the Purpose of the and protect the Physical a a1$d safety o ons to mm nee ty, to protect Property appearance to and safety of the commuei- Iowa Ci P hof values and to promote the preservation of City's areae of natural, historic and scenic beauty. It is further intended to reduce dW actions and obstructions that may contribute to traffic accidents, reduce b1' sign$ Projecting over public rights-of-way, that may sonable opportunity for all sign Provide fora roa- cation without interference from other siggnags, to for idents i1. t and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming Signs. SUPA No. 245 2620 �i /7Gz JIM ZONING Ism (b) General rales and applicability. (1) No sign on private property shall be erected or changed in any meaner without compliance with the regulations stated herein. Routine maintenance shell not be subject to this chapter. (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 (2) gen• eral categories of temporary and permanent signs. Tempo• rely signs am governed by fheprovi®ons ofsedim yg.g Wl)C Permanent signs may be either off Premises or on promises signs. Off-premiaea signs are governed by the provisions of section 36-62(aft All on premieee 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 j 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, i 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 I sign wall, as specked in the zone. In the case of two (2) or more uses or occupants in a single building, the total build- ing signage on a wall for all the uses shall not exceed the maximum building sign allowance for that wall. Free-standing signs, monument signs, orn not mounted on a any other sig building are Got included in this maximum building sign allowance and are governed by the specific requirements of the zone. (B) In any case in which the Code of Iowa is more restrictive than the regulations contained herein, the Code of Iowa shall be applied. Gras refexuees—Posting of bills, I s -IB et seq.; electrial code, 18.104; sign on city Plata, 1 9.141(ft tearing down, etc., sign to parks and playgrounds, 1 25-1(4% Permits for signs in public right"r.way, 191-148 of seq. Supp. Na 28 2621 196$1 IOWA CrrY CODE Seo. 36.61. [Same—]Definitions. The following definitions shall be applicable to the provisions of the sign regulations. The definitions contained in section 364 of this chapter shall apply to all terms not herein defined:- (a) efined:(a) (1) Advertising sign: A sign that displays the type or name i 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 intermittent lighting. i (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 all 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 bulletins 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 I ' way incorporated with the face or underside of a Carlo• py, 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 individu- als involved in the construction of a building and/or i announcing the future use of the building, Supp. Na 25 2622 I 1 ZONING 136-61 (d) (1) Development sign: A monument sign designating the name of a subdivision or large scale development. (2) Directional sign: A sign designed to guide or direct pedestrian or vehicular traffic and containing no ad- vertising message. (3) Directory sign: A sign displaying the name of a build- ing, building complex and/or the occupants. (4) Drive-thru restaurant menu sign: A sign displaying a menu or similar advertising for the purpose of allow - Supp. Na 26 2822.1 I A 4 i ZOMG 13662 (6) Spinner. A device shaped in a form similar to a propel. ler and designed to rotate in the wind to attract atten- tion 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 dis- play of not more than thirty (30) days, which shall be removed upon completion of 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 he window by the public. Merchandise or product dis- plays, posters, signs painted on windows and tempo- rary signs are not included in this definition. (x) Reserved (y) (1) Yard c a sale igge temporary sign advertising a yard sale (z) Reserved Sec. 3682. [Same—1permitted signs. (a) Signs permitted in all zones. The signs listed below shall be regulated as described below. (1) Signa 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 ap- Supp. No. 25 2627 15682 IOWA CITY CODE plied toward the maximum sign allowance specified in the zones, except as otherwise indicated in this subsection. a. Construction signs. Nonilluminated construction signs not to exceed a total of sixty-four (64) square feet or thirty-two (32) square feet per sign face shall be per- mitted for each lot. Such signs shall not exceed a height of five (5) feet in residential zones or ten (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 construc- tion. 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 information about the operation of the business, in - eluding but not limited to days and hours of operation, telephone number and credit cards or bank cards ac- / t cepted. Such signs shall not exceed a maximum area of two (2) square feet. e. Public flags and one private flag displayed in conjunc- tion with public flags. f. Public signs. g. Real estate signs. One nonilluminated real estate sign not to exceed eight (8) square feet or four (4) square feet per sign face in residential zones, or sixty-four (64) square feet (32 square feet per sign face) in other zones, shall be permitted on each lot. Such signs shall not exceed a height of five (6) feet in residential zones or ten (10) feet in other zones nor be closer than five (6) feet to any property line unless located on the wall of a building or fence. Such signs shall be removed within forty-eight (48) hours after the sale of property. h. Temporary signs. The signs listed are temporary signs, the use of which is limited to a maximum of thirty (30) days, and are subject only to the regulations listed below: Supp. No. 25 26 28 /7Gx I� ZONING Ism I. Political Signs. Political signs shall be subject to the following requirements: L In residential zones, nonilluminated 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 ear- lier than thirty (30) days prior to the date of the election for the candidate or issue indi- cated on the sign and all such signs shall be removed no later than seven (7) days after the election date. ii. In other zones, political signs shall conform to the applicable regulations for permitted signs in the zone. 2. Posters and other nonpermanent signs in windows. 3. Yard sale signs. (2) Signa requiring apermit The following signs may be erected and shall comply with the requirements of section 3640). These signs shall be applied toward the maximum signage allowance specified in each zone, except as otherwise indi. cated 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 development sign not to ex- ceed a total of sixty-four (64) square feet or thirty-two (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 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 (10) square feet and shall be in addition to the signs permitted in Supp. Na 25 2629 I 19682 IOWA CITY CODE �� ' the zone and shall not be applied toward the maxi. mum signage allowance. f. GoingouW-business signs. These signs shall be non. illuminated and not exceed one hundred (100) square feet. A goingout-of-business sign may be displayed for UP to sixty (60) days. The sign permit shall be auto- matically renewed with the renewal of a going-outof. business license so long as the total time period in which the sign is displayed does not exceed ninety (90) days. The use of going -out -of -business signs is restricted to one time in a twelve (12) month Period for a ngle business. Goingoutof-business signs shall of be ap. plied towards the maximum signage allowance sped• fied in each zone. g. Institutional signs. One institutional sign, not to ex- ceed a total of fortyoight (48) square feet or twenty. four (24) square feet per sign face shall be permitted for each institution. No such sign shell exosed a height of five (6) feet above grade. h. Integral signs. Such signs existing prior to the adop. tion of these regulations shall not be applied toward the maximum sign allowance of the building to which they are attached. i. Large scale reel estate signs. One onillummated mo- ument real estate sign not to exceed a total of sixty. four (64) square feet or thirty-two (32) square feet per sign face shell be permitted per subdivision or devel. opment of greater than two (2) acres in site. Such signs shall not exceed a height of ten (10) feet and shall be removed upon the sale or lease of fifty (60) per cent of the lots or unite in the subdivision or develop. meat. These signs shall not be applied toward the maximum signage allowance specified in each zone. Large scale real estate signs shall not be considered off -premises signs. .1• Off -premises signs. I. Off -premises signs shall not be permitted in reef. dential, CO -1, CN -1, CB -10 and ORP zones. In the Bopp, Na 25 2630 ZONING 13882 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 twenty- four (24) square feet or twelve (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 i fifty (50) square feet in area or twenty-five (26) square feet per sign face, do not project more than six (6) feet into the public rightof.way, and are not less than ten (10) feet above grade. C. Dimensional requirements. { i 1. Uses in this zone shall be allowed a maximum i building sign area per sign wall equal to fifteen (15) per cent of the sign wall on which the sign is located. i 2. Individual signage allowances. a. Sign: Facia. Maximum area: Ten (10) per cent of the sign I wall area. Maximum height None. b. Sign: Canopy i Maximum area: Twelve (12) square feet. Maximum height Top of first story. j c. Sign: Awning. Maximum ares Twenty-five (25) per cent of the surface of the awning. Maximum height Top of first story. d. Sign: Window. j Maximum area: Twenty-five (25) per cent of the area of the window. ' Maximum height None. i i Supp. No. 28 2639 i 19662 IOWA CITY CODE (6) 1-1,1-2 and ORP zone regulations. a. Permitted signs. 1. Facia signs. 2. Only one 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 fifty (60) per cent larger than the area of the maximum individual sign allowed. 2. In the I.1 and I-2 zones, two (2) free-standing or monument signs are permitted provided that the distance between the two (2) signs is no less than one hundred fifty (150) feet as measured along the frontage of a single lot. ! "` c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to fifteen (15) per cent of the sign wall on which the sign is to be located. 2. Individual signage allowances. a. Sign: Facia. Maximum area: Ten (10) per cent of the sign wall area. Maximum height None. b. Sign: Monument. Maximum ares Two (2) square feet per lineal foot of lot frontage, not to exceed one hun. dred fifty (150) square feet or one hun- dred twenty-five (125) square feet per sign face. Maximum height Five (5) feet. Sapp. Na 25 2640 / 7G,Z 0 ZONING 13689 1 c. Sign: Free-standing. Maximum area One square foot per lineal ! foot of lot frontage not to exceed one hun. i dred (100) square feet or fifty (60) square feet per sign face. Maximum height Twenty -rive (26) feet. d. Sign: Window. Maximum area Twenty-five (25) per cent of the area of the window where it is mounted. Maximum height None. I i Sea 98.83. [Same—]Additional re gulations. (a) Dim_ensionalrequirementx (1) Maximum sign area. For free-standing and monument signs, i 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 I signs, the maximum building sign area shall represent the total area of all building si ether. The build. ing sign area may be divided upaam ng agn of the building signs permitted is 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 maxi• mum number of signs and the maximum sign areas, as i 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 perimeter of the sign face, or which completely en. closes the whole group of characters or words in the case of a sign composed of characters or words attached directly to a building or an appurtenance to a building. When multi. ple sign fame are attached to a single sign gn support and face ' Sum No. 26 2641 I I I I i 9&89 IOWA CITY CODE 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 estab. lished, the minimum height shall be measured from grade to the lowest point on the sign. (6) 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 area at street intersections, where the triangle is measured from the intersection of curb lines and its sides are seventy (70) feet in length along arterial streets, fifty (60) feet in length along collector streets, and thirty (30) feet in length along local streets, except that signs may project into this area at ten (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 (6) feet of any lot line except that signs may be closer than five (6) feet at ten (10) 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. Hoa - ever, no single sign wall may be covered by more than fifteen (16) per cent. Hupp. No. 28 2042 C� i i r 1 ZONING 63961 ' 777 the provisions of this chapter under the circumstances de- scribed below. All applications for special exceptions here- under shall be referred to the historic preservation com- mission for review and comment and shall be subject to the specific standards listed below and to the general stand- ards of section 36-91(gX2). a. For buildings registered on the National Register of Historic Places or in an OHP zone, signage which does j not conform with the provisions of this chapter may be allowed if it is in keeping with the architectural char- acter of the structure and is appropriate to a particu- lar period in the building's history or an integral part of its identity. b. The board may exempt an existing sign from the pro- visions of section 36 &Wl) if it can be demonstrated that said sign makes a significant artistic or historic con. tribution to the community or neighborhood in which the sign is located, subject to compliance with the i ��• maintenance requirements of section 3683((). (3) Existing nonpublic 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. Sec. 3684. [Same—JUcense and permit requirements. (a) License required (1) Except for those signs not requiring a permit, as listed in section 3682(aXl), it shall be unlawful for any person to erect, alter, move, improve, remove or convert any sign without 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 con- vert any sign as required herein shall be known as a sign erector's license and shall be issued by the city to the Supp. No. 75 2646 /7Gz ggg� IOWA CITY CODE y person desiring to perform the work indicated above. No such license shall be issued to any person until such per- son shall have paid to the city a license fee as established by resolution of city council and shall have filed with the department of housing and inspection services a copy or a certificate of a contractor's public liability insurance pol- icy with coverage limits of one hundred thousand dollars ($100,000.00) per person and three hundred thousand dol. lars ($300,000.00) per occurrence for bodily injury and twenty- wentyfive fivethousand dollars ($26,000.00) for property damage li- ability. The City of Iowa City shall be designated as an additional insured and the policy shall provide that the city is to be notified thirty (30) days in advance of the termination of the policy. The license shall indemnify and save harmless the city from any and all damage, judg- ment, 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 year from the date of issuance. A one-time sign erector's license shall bej valid for thirty (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 responsi- ble for enforcement of these provisions and shall be em- powered 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 license 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 bored of adjustment. (6) If a license is revoked for any reason, another erector's license shall not be issued to such person for twelve (12) months after revocation. (b) Permit required (1) No sign requiring a permit shall be erected, altered, moved, improved, or converted without first obtaining a sign per- mit from the building official or his/her designee and mak- Supp. No. 25 2646 /7G.z- i 1 i' ZONING ' asasi ing payment of the required permit fee. In addition, all j illuminated signs shell 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 shall 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 executionof the work, nor from any other penalties prescribed herein. (d) Permits for illuminated signs. The application for a sign permit in which electrical wiring 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 plane and specifications for all wiring and connections to determine if they comply with the electrical code. (e) Applications. Application for a sign permit shall be made upon a form provided by the building official or his/her designee and shall contain and have attached thereto a plot plan with the following information: (1) ,Name, address, telephone number, and sign erector's li• cense 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 plane and specifica. tions of the sign with dimensions, notation of materials, the type of construction, and method of attachment to the ground or building. SuDR No. 25 2847 /7t.z I I I 5884 IOWA CITY CODE (4) Copy of stress sheets and calculations showing the strut- - ture is designed in according in accordance with the Uni- form Building Code. (6) An application for an electrical permit required for an illuminated sign. (6) Such other information as may be required. (f) Permit issued It shall be the duty of the building official or his/her designee, upon the filing of an application for a sign permit, to examine such application; and ff the proposed sign is in compliance with the requirements of these regulations and all other laws and ordinances of the city, the sign permit shall then be issued. (g) Permit expiration. If the work authorized under a sign per. mit has not been completed within six (6) menthe after date of issuance, said permit shall become null and void, See. SM. Fence and hedge requirements. (a) Location and height Fences and hedges, when located within i a flint, side or rear yard or within five (6) feet of a lot line, shall be subject to the following location and height requirements: (1) No portion of a fence more than ten (10) per cent 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 thirty (30) feet in length and measured along the right-of-way lines from the point of intersection. (4) In R zones or within fifty (50) feet of a lot with a residential use at ground level, fences within the front yard shall not exceed four (4) feet in height. Fences may be constructed to a height not exceeding eight (8) feet along primary arterial streets identified in the comprehensive plan. Supp. No. 25 2648 �a a ZONING t 9886 (b) Enclosures Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depth of eighteen (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 -inch diameter sphere to pees through the fence. A principal or an accessory building may be used as a part of each 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 forma 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 lees than the protection afforded herein. (8) Dog rune shall be enclosed by a fence of sufficient height and construction to contain the dog at all times. (e) Barbed win and.eleetric %net Barbed wire and electric fences shall be subject to the following requirements: (1) Barbed win shall consist of twisted wires with barba on each wire a minimum distance of four (4) inches apart. Concertina wire shall be prohibited. (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 (8) feet above grade. (8) Except for the enclosure of livestock operations, electric fences shall not be permitted in any zone. (4) No electric fence shall carry a charge greater than twenty- rive wenty five (25) milliamperes nor a nulsatina current Inver than one-tenth (1/10) second in a one -second cycle. All electric fence charges shall carry the seal of an approved testing laboratory. Hupp. No. 26 2849 /zz Ina IOWA CrrY CODE '(6) Barbed wire and electric fences shall be prohibited within five (6) 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 atter the installation of a public sidewalk. Said agreement shall be processed with the application for a permit. (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. AD 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 showing the location of the proposed fence. Note: The provisions in section 86.66 are essentially the same as existed in the zoning ordinance prior to the adoption of this chapter. �l ARTICLE IV. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS Sec. 8888. General. The following dimensional requirements shall be applicable in all zones or in the zones indicated. Sec. 5847. General yard requirements. (a) In an R zone, lots platted ager the adoption of this chapter and abutting a primary arterial street, as designated on the comprehensive plan map, shall have a front yard of forty (40) feet. i (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 requirements, the deepest front yard shall apply to the Sapp. No. 75 2660 1762- ;a as ZONING 49688 I � entire frontage. Where an ORP zone is included among the zones, the front yard required for the ORP zone need not be considered provided lots within one hundred (100) feet of the ORP zone shall have a front yard with not less than twenty (20) feet. (d) Where a lot in a C or I zone abuts an R zone, a yard at least equal to the abutting yard required in the R zone shall be pro- vided along the R zone boundary line. (e) Where more than one principal building is permitted on a lot: (1) The required yards shall be maintained around the group of buildings, and (2) Except in the RM -146 zone the buildings are separated by a horizontal distance that is equal to the height of the highest building. In the RM -146 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. (1) There shall be a minimum of six (6) feet between all unat- tached buildings on a lot. (g) Residential uses, except motels and hotels, located at ground level in a C zone, shall be provided with the yards required in the R3S6 zone. (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 (6) feet wide. ' (i) Parking and stacking spaces, aisles and driveways located in yards shall be subject to the provisions of section 8658. Sec. 8688. Permitted obstructions in yards. The following obstructions may be located in the required yards specified subject to the special conditions indicated. (a) Buildings accessory. Accessory buildings may be located in any yard except the front yard, provided they shall comply with the requirements of section 8657. (b) Building features. Eaves, cornices, marquees, awnings, can. opies, belt courses, sills, buttresses or other similar build. Supp. No. 26 2661 I /7G.Z I a Is 4 3648 IOWA Cr1y CODE ing 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 accessery building shall not be closer than one foot to a rear lot li or a side lot line. ne (c) Chimney& Chimneys may project into any yard not more than two (2) feet. (d) Dog rune Dog rune constructed solely for the Purpose of confining doge for exercising and feeding may be located in i any Yard, provided that in an R zone they shall not be i located in a front yard or side yard nor closer than ten (10) feet to a rear lot line. (e) Fences and hedge& Fences and hedges may be located in any Yard subject to the requirements of section 3666. Fire escapee and Unenclosed stairways Fire escapes and unendoeed stairways may extend into anY yard provided one-half (3K) feet. than and i they shall not extend into a aide yard more ththree /-� (g) FaebdisPensing equipment In commercial and industrial zones, fuel -dispensing equipment may be located in any Yard. (h) Ornamental kature& Light fixtures, flagpoles, arbors, trellises, n fountains, sculptures, Plant boxes, planta and trees and other similar ornamental features may be located in any Yard provided that: (1) At street intersections, no ornamental feature more 1 than two (2) feet in height above the curb level shall be located within a triangular area two (2) of its sides thirty (30) feet in length and measured along the rights. Of -way lines from the Point of inte (2) lfees planted in the front ytion, and ard hallreaccomply with the locational requirements of section 3673 and the for. estry ordinance of the City Code of Ordinances. Cres rereroece—Forestry, 134-16 et mq, SUPP. No. 26 2662 /?G X __._.A 9 1 )�� ZOMNG 13669 (i) parking, off-street Except as otherwise provided in section 36-68, open off-street parking may be located in any yard, 0) Porches balconies decks and stoops, uncovered Porches, balconies, decks and stoops which are uncovered may ex- tend into any yard provided that such Projections shall not extend into a front yard more than eight (8) feet. Stoops may extend into a side yard not more than two (2) feet. (k) Signs. Except as otherwise Provided in section 36-60 et seq., signs may be located in any yard, (q Swimming pools and hot tuba Swimming pools and hot tube with a depth of eighteen (18) inches or more may be located 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 ten (10) feet to a side or rear lot line, (m) Telephonemtnopemted In commercial and industrial zones, coin-operated telephones may be located in any yard. �\ (n) Windows Bay windows and may extend similar Projecting windows j 11 into any Yard provided that in an R zone they "hall not extend into the side yard or the rear reversed career lot. Yard of a See' 38.69• Requirements and i setbacks, exceptions for established (e) Where at least fifty (60) per cent of the lots along a frontage are occupied by buildings that deviate in setback more than five (6) feet from the required front yard, the minimum front yard for each lot along the frontage shall be established in the following manner: (1) If all the buildings have a setbackof more than five (6) feet le the required front Yard, the front yard shall be eguiva- lent to the setback of the closest building to the street: (2) If all the buildings are locatedmore than five (6) feet closer require shall to the street than the d front yard, the front yard be. established rive (6) feat closer to the street than the required front yard, Supµ No. 25 2653 I � 176.2 9 . II 13669 IOWA CITY CODE (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 abut- ting lot on one side only, the minimum front yard shall be equal to the setback of the principal huild. ing on the abutting lot. b. Comer 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 adjust. Mont for a modification of yard requirements, when such modifi- cation would not be contrary to the public interest nor contrary to the general purpose and intent of this chapter'and would nisei the conditions of section 36.91. Sec. 36170. Height exceptions. (a) The following structures or parts thereof shall be exempt from the height limitations set forth in the zones indicated, pro• vided that an increase in height shell not conflict with the provi- sions of the Johnson County/Iowa City airport zoning ordinance: (1) In all zone& a. Chimneys or flues. b. Church spires. c. Cupolae, domes, skylights and other similar roof pro- trusions not used for the purpose of obtaining habit• able floor apace. d. Farm structures including barns, silos, storage bins and similar structures when associated with a farm. e. Flagpoles. Bopp, No. 26 2664 174Z ,I ZONING 196.72 f. Parapet or fire walla extending not more than three (3) feet above the limiting height of the building. 9, Poles, towers and other structures necessary for as- sential services. h v lat ctures �u� elevator bulkheads, stairway., mechanical and electrical appurtenancesling ere and -similar necessary Operate and maintain the building. required to i. Television antennas and similar apparatus. (2) In the C, I and ORP zone& a. Grain elevators. b, Radio and television communication towers. Q Stacks. d, Storage tanks and water towers. (b) In all zones, except the ORC sone, 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, aide and rear yards and that an increase in height shall pot coMiet with the provi- along of the Johnson County/fowa City airport ioning ordinance. Sec. 36.71. Reserved. DA'ISION 2. TREE REGULATIONS" Sec. 36.72. General, (a) Purpose The Purpose of these regulations shall be to a that treee ere Planted and/or preserved with the development ssure re redevelopment of buildings and parking areas for other thaor n single-family uses and with the establishment or conversion of uses, other than Single-family uses, in accordance with the beet ecological concepts, environmental objectives and site planning Principles so the well-being of the residents of the city is pro. tected and enhanced. (') General aPP""bility. No building Permit shall be issued for the construction, reconstruction or structural alteration of a 'CM84 referenae— I Vegetation, Ch. 91, I SUPP• No. 26 2666 i /7G z , 436.72 IOWA CITY CODE building and its parking area nor shell any use be established or converted nor shall a certificate 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 require. j menta of the zone in such a manner that insufficient area is available to achieve compliance with the tree regula. tions; all trees which can be provided in compliance with the requirements of this division shall be provided. (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. i (c) Recommended species ojtreea. The varieties of trees permit- ted by this division 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 supplement to and made a part of the tree regulations. The "List of Recommended Trees for Iowa City" may be obtained from the office of the city 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. (d) Installation. All tree plantings required by this section shall be installed prior to occupancy or commencement of a use. If the plantings cannot be installed prior to occupancy or commence. ment of a use, the building official may issue a temporary certifi- cate 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. (e) Planting size& The following specifications shall be met at the time of planting: (1) Large deciduous trees. This type of tree shell have mini- i mum truck diameter of one and five -tenths (1.6) inches at a Supp. No. 26 2666 / %4 z- i r/\ ZONING 136-72 point six (6) inches above ground level, and demonstrate the growth capabilities, branch formation, and crown bal- ance that are 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 and a minimum trunk diameter of one and five -tenths (1.5) inches, and demonstrate the growth capabilities, branch- ing formation and crown balance that are 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 three (3) feet measured from 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 maintain and replace, 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 for 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 accord- ance with the provisions of section 36.76(j), Screening and section 36b6(e), Offst eet parking requirements, may be used to satisfy the requirements of the tree regulations provided they ere of a variety suitable for screening pu pose% as listed in the above supplement, and are allowed to grow to their mature height. Supp. No. 25 2667 I + I •Z - I I j 4 36.72 IOWA CITY CODE �\ I (4) References to 'large" or "small' trees in subsequent para--- l I graphs 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 require- i menta of the tree regulations. , (h) Site plan. When provisions of the tree regulations are ap- plicable, a site ("plot') plan 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 (ov- ergreen or deciduous) of existing and proposed tree plant- ings; and (3) The location of existing trees within the right-of-way. Sec. 38-73. Requirements. W Trees acjjaeent to and within street rightsof way.The fol- lowing provisions shall regulate the planting of trees adjacent to and within street rights-of-way: (1) Applicability. a. Whenever there is a conversion or a new use estab- lished, the requirements of this subsection shall be i applicable to the entire lot. I b. Whenever a principal building(s) is constructed, recon- structed or structurally altered by one or more addi- dons, the total of which increases the floor area by more than ten (10) per cent, the requirements of this i 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 shell 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 exists within the right- of-way, trees need not be planted adjacent to the right - Supp. No. 25 2658 i /7G z 1 ZONING 6 98.79 of -way. Additional trees required shall be planted ad- jacent to the right-of-way except as provided in subparagraph c., above. (2) Required tree planting adjacent to street rights-of-way. Trees shell 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 forty (40) feet of lot frontage or for small trees, every thirty (30) feet of lot frontsge. In the case of a corner lot, only one tree for every sixty (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 fourteen (14) feet to a building. d. Large trees shall be spaced no closer than thirty (30) feet apart, or for small trees, no closer than sixteen (16) feet apart, except along streets where screening is appropriate or required. In the latter case, trees shall be planted in accordance with the provisions of section 36.760) and be of a variety suitable for screening pur- poses as designated in the "List of Recommended Trees for Iowa City." e. Trees shall be located within planting areas and sepa. rated from parking areae pursuant to the requirements of paragraph (bX2). f. At street intersections, trees shall not be located within seventy (70) feet of the intersection of curb lines along arterial streets, within fifty (50) feet along collector streets, or within thirty (30) feet of the intersection of curb lines along local streets. In cases where two (2) different types of streets intersect, the location of the tree shell be determined by the type of street adjacent to the proposed tree. Supp. No. 25 2659 /7G.7 I 136-73 IOWA CITY CODE g• 7!rees shall be placed to avoid interference with the construction, 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 trees adjacent to street right"f-way shell be main- tained in accordance with the applicable provisions of j Chapter 34 of the Iowa City Municipal Code. I ZONING 136-73 Her 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 - areae and they shall be planted at a ratio of no more i than one tree for each one hundred twenty (120) square feet of planting area. Large trees shall be allowed only in large planting areae and shall be planted at a ratio of no more than one tree for each two hundred fifty-six (256) square feet of planting area. d. Small trees shall be located a minimum of four and one-half (454) feet from the edge of a planting area and large trees shall be located a minimum of four and one-half (454) feet from the edge of a planting area. i 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 ase& The following �+ provisions shall regulate the planting of trees for residential uses, except for single-family residences. (1) Applicability. Whenever a building containing a residen- tial use is constructed, reconstructed, or structurally al. j tered by one or more additions, the total of which increases the floor area by more than ten (10) per cent, the require- ments 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 follow. ing'conditions: a. Tree shall be planted at the minimum ratio of one tree for every five hundred fifty (650) square feet of total build. ing coverage of the lot. In lieu of trees with a mini- mum diameter of one and five -tenths (1.6) inches, decidu. ous trees with a minimum trunk diameter of two and five. ' tenths (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 one thousand (1,000) square i feet of total building coverage of the lot. Where regi. Supp. Na 26 ` 2663 i I /76z ■ ■ 13673 IOWA Crry CODE dential uses are combined with other uses, the build. �\ ing coverage shall be determined on the basis of the greatest amount of residential floor area of any floor that ie wholly or partially devoted tos residential use, 3 Fees Planted to fulfill the requirements of section 6.73(a), Rightof way trees, and section 36.73(b), Park. ing area trees, may be used to fulfill the requirements of this subsection, b. Small trees shall not be located closer than eight (8) feet to a building and large trees shall not be located closer than fourteen (14) feet to a building. C. 7fees 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. d. At street intersections, trees shall not be located within seventy (70) feet of the intersection of curb lines along I arterial streets, within fifty (50) feet along collector streets, or within thirty (30) feet of the intersection of curb lines along local streets. In cases where two (2) different types of streets intersect, the location of the i tree shallbe determined by the type ors treet adjacent to the proposed posed tree. e. Small trees shall be planted in a minimum planting area of one hundred twenty (120) square feet and lo• cated a minimum of four and one-half (4%) feet from the edge of a plantingalli in a minimum planting orLargetreea Of two hshdred fill be ted (266) square feet and located a minimum of four nd six one-half (454) feet from the edge of a planting area. Bee. 3674. Reserved. DMSION 3. PERFORMANCE REQUIREMENTS Sec. 3676. General. (a) Nem uses. Any use established in the commercial or indus- trial zones after the effective date of this chapter shall comply with the minimum peMbrme ee standards contained in this division. 3uPA No. 25 2664 17(,.2- T ZONING 4 36.76 (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 section 36.79(6)). 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 re- quire of the applicant certification by a registered professional engineer or other qualified person, at the expense of the appli- cant, that, the performance standards for a proposed use can be met. Sec. 3676. Requirements. (a) Smoke The emission of smoke from any operation or activ. ity shall not exceed a density or equivalent opacity permitted below. For the purpose of grading the density or equivalent opac- ity 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 pro- hibited 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•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 five hun- Supp No. 75 2664.1 /76 ;z- I ,I Is I W-76 IOWA CITY CODE dyed (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 fifty (50) per cent at full load. The foregoing requirement shall be mea- sured by the A.S.M.E. Test Code for duet -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 Fahrenheit and 14.7 pale) of air during any one-hour period or a total from all vents and stacks of one-half M 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 stan- dard cubic foot (70 degrees Fahrenheit and 14.7 psis) 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, (c) Reserved i(d) Toxic matter. The release of airborne toxic matter from any operation or activity shall. ndt exceed the fractional quantities permitted below 'of the threshold limit values adopted by the �upp. No. 26 2664.2 .-.. 'F-,—.-...-- (�� ZONING 13682 -- (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 leas than one hundred (100) per cent of the structure's assessed value, may be restored to the same degree of nonconformity or lees, (b) Except for buildings in an historic preservation overlay zone, a nonconforming structure, which has been destroyed or damaged by fine, explosion, act of God, or by a public enemy to the extent of one hundred (100) per cent 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 over- lay zone may be placed upon its original foundation or the site of the original foundation regardless of the extent of the damages 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 i shall not result an increase in the degree of nonconformity of the structure. (d) A nonconforming structure may be structurally altered, provided it is structurally altered in a way which will not increase or extend its nonconformity or in a way which will reduce its nonconformity. (b) Any nonconforming structure which is relocated on the same lot shall thereafter conform to the provisions of this chapter. Gross reference—Nonconforming structures in floodplain, 138.38. Sec. 38432. 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. Supp. No. 26 2673 /7Gz Is I 636-82 IOWA CTfY CODE (b) All existing conforming or nonconforming uses and struc. tures shall be treated as if such uses and structures were established on a conforming lot. However, no use nor struc• ture for a use, either one of which requires more lot area than presently exists and the structure of which hes been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of one hundred (100) per cent or more of the structure's assessed value, shall be restored except in compliance with the provisions of this chapter. (c) If two (2) or more abutting lots or portions thereof become in single ownership, the land involved shall be deemed a single parcel for the purposes of this chapter and no por. tion of said parcel shall be sold or used in a manner which diminishes compliance with lot frontage, width and area requirements. Sec. 3669. Reserved. DIVISION S. IMPLEMENTATION Sec. 9664. Enforcement. (a) It shall be the duty of the city manager or Maher 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 departmen! 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 96.91. Sec. 36.86. Construction prior to chapter. Nothing in this chapter shell require any change in plana, construction or designated use of a structure for which a building permit hes lawfully been issued prior to the effective date of this chapter. Supp. No. 26 2674 /7G -Z ZONING 196-86 Sec. 9686. Building and occupancy certificates. 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 building or construction. Supp. No. 26 i 2674.1 /76. /7e,z j I i j i A i ZONING ism plement, 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 shell be presented in writing to the city clerk, duly signed and acknowledged by the owners of twenty (20) per cent or more of the area of the lots included in the proposed change or repeal; or by the owners of twenty (20) per cent or more of the property which is located within two hundred (200) feet of the exterior boundaries of the property for which the change or repeal a proposed, such amendment, supplement, change, modification or repeal shall require the favorable vote of three• fourths 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 sone 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 struo• Euro or license or permit for the conduct of any use shell be issued for a period of sixty (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 requested 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 sixty (60) days of the time the matter is set for public hearing, the permit or license shall issue. If within the sixty-day period the city council shall enact an ordinance amending the zoning ordinance, the provisions of said zoning ordhusnce as amended shall thereafter be in effect. If within the sixty-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 hes Supp. No. 25 2677 o. I 9689 IOWA CITY CODE �\ 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 ac. tion shall be suspended for a period of sixty (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 sixty (60) days, construction may be commenced. If within the sixty-day perioi the city council shall enact an ordinance amend. ing 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 re- ceive a sufficient number of votes for passage, the suspension period shall be terminated 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 pre- viously 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 twelve (12) months shall have expired after a previous suspension period, said twelve. month period to commence with the final day of the sixty-day suspension provided for in this chapter. (g) The planning and zoning commission may recommend to the city council amendments, supplements, changes, or modifica• tions to this chapter or to the boundaries of zones or to the zoning of particular tracts. If the commission initiates a recommenda- tion to t.".e council, said recommendation need not bo submitted to the commission for its report but may be set for public hearing forthwith. Bee. 36.69. Violations. (a) The owner or manager of a building or premises in or upon which a violation of any provision of this chapter has been com- mitted or shall exist, or the leasee or tenant of an entire building Supp. Na 25 2676 /7GZ N I i STATUTORY REFERENCE TABLE Ibis table shows the location with this Code, either in the text or notes follow- ing the text of references to the state law or related matters- I.C.A. Section I.C.A. Section this Code Section this Code Section 1.2 321.302 23.151 41 16 321.304 23.162 41(1) 17A.19 1844 321.906 23.126 '1 38 Ch. 48 MI 521.307 23.200 Ch. 56 Ch. 10, Art. Wrote) 321.311 23-132 Ch. 104A 1832 321.314-321.318 23.165 Ch. 123 66(0 $21.319 23-168 123.1 Ch. 5(note) 321.320 23.163 123.52(2) Ch. 5 (note) 321.321 23-161,23-164 129.99 Ch. 5 (note) 321.32223.16 123.49(2) 638 321.324 25.217 Ch. 136C ) 321.328 23.212 135.D.1 22 (note) Cb. 22 (note) 321.327 23.218 135D26 364(m)(1) 321.328 23-218 Ch. 162 768 321.329 23.220 Ch. 237 384(0(3) 321.331 23221 321.1 Ch. 25 (note) 921.592 23.131 4� 23.1 321.341 23.162 321.98 2399 521.345 321.353 25.167, 23.168 321.174 23.19 321.358 23-235 321.229 293 321.582 23.121 321.230 23.123 321.363 29.136 321.231 23.125 321.386 23422 321.232 23.2 321.567 23.133 321.234 Ch. 23, Art. IV (nate) 321.368 23.134 321.236 Ch. 23 (note) 321.371 23-140 23.62 Ch. 23, Art. IV (note) 321.384 321.238(7) Ch. 35 (note) 321.448 23.190 55 23.30 Ch. 321G 24.4'3 4 71432 521.266 23.29 Ch. 329 321.257 2334 329.5 4.77 521259 2335 2536 329.9 529.11, 329.12 4.78 321.260 2560 329.15 431 321.264 2348 Ch. 330 Ch. 4 (note), ), 921.266 2349 331.335 20 321.268 23-139 351.1 Ch. 7 (nolo) 321.277 23.188 Ch. 351A 738 38 321.285 23.124 382.9 92 521.297 29.161 984.12(2) Ch. 31 (note) 321299 Supp. No. 25 .2913 /7GZ N I 40'AA CRT COOS �. LCA. Section th)e Code LCA.Rection Section Beckon .. this Code 964.12(2)(6) Ch. 31, Art. V, 657.1 CArt. VI 984.12(2X6) Div. 9 (note) Ch. 31, Art. V, 657.2 te (note), 24-10101 � 364.12(20 Div. 9 (note) 766.11 • 24.101 28.1 91-111 372.8 Charter (note) 972.13(9) Ch. 2, Art. D1, Div. 5 (note) 376.2 2.18 380.8 1-1 380.10 8.16 8.104 Ch. 9848-161 926 984.40 Ch. 93 (note) 384.69 2.207 988.1 Ch. 93 (note) . 302.6 Ch. 20, Art. Il 992.7 (note) Ch. 27, Art. 11 Ch. 397 (note) 14.2,1428 �1 403.12(1Xh) 8.1 409.1 Ch. 92 (note) �I 409.1 9240 400.114 . Ch92 (note), 924 i Ch. 414 964(bX3), (cXS), 414.4 (vX2) 4 . 414.8 4. 77, 17 414.15 4280 4-80 Ch. 419 2.206 Ii Ch. 422A 92.1.21 427A.1 92.1.91, Ch. 499A 1 7.2 2 17 2 Ch. 4908 17.2 Ch. 524 1834(6) Ch. 699 1834(6) C Ch. 534 18.34(6) C Ch. 536 18.94(6) Ch. 636A 18.34(6) Ch. OOlA ) 601A•1 Ch. 188 (note) 601A.17 Ch. 18 (note) Seep. No. 25 Me next page (s 2935) 2814 CODE COMPARATIVE TABLE Ord. No. AdpL DataSection Section "Code 85-3220 1.1586 2(A) 1548 5652211.16-B6 203) 1582(e) 8"2222 2&18B 865223 1.28,85 2 92.1.31-32.1.38 &161 3(1) B -162(401(a)(2)) 3(2) B-162(Table VS) 3(3) &162(502(e),(,),(d)) SM 8-162(503 (02)) • 3(5) 8-162(619 (d)) 85.32269.1256 9(6) &187 8652291 3.1256 2 Rpld 3650-3684 11.1-11.12, 11.24-11-27, 1158-1183 3 8-101-4M2, &124-1.127, 85.32324. 986 2 &198—&154 955299 6.7-86 2 13.44 4.90-4.98 .� 355234 5.1485 2 31.10 955235 5.2185 2 23.189 865236 5.2185 2 23.161 855237 5.21-85 2 31.21-9158, I 365238 6.455 9145-3147 2 3&1-36.15, 3&17-96.29, 36.25, 36.27, 36.28, 36.30-3657, I 3644-3647, 36-53-36.70, 36-72,3&73, 36.75, 36.76, 36.73-3652, 855249 6.19'85 3684-36.91 2 283(a), 85.32442.66 8.2886 2A 36.16• 35.19, 35.24, 35-28,36-29, 35.31, 36.33 2B 3557-9540 1 Supp. No, 25 [The nett Pea Y 78711 2986 I i 0 n I Coals Ixna — AIRPORTS AND AIRCRAFT--Cont'd. Section Aircraft dropping litter ......................... Airport manager 16.86 Authority to suspend flying operations ' ................. Airport zoning. See within this title: Zoning 448 Alcoholic liquors and drugs ............................ Assumption ofrisk ........... 4-08 Blacks. brakes, etc., for aircraft 4-05 ................• Board of adjustment. See within this title: Zoning.... 4.49 Broadband telecommunications system Compliance with aviation requirement ................ Franchise. See also that title 1454(d) Buildingconatruction; ground rental and charges........,, 454 City liability construed ............................... Cleaningof parts, motors, etc, 4-05 .......................... Compressed gases stored in hangars 94.5-67,4.90 ..................... Drip pane under aircraft 97 .............................. Electrical grounding during refueling 4.96 ................... F.A.A.regulations; air traffic regulation 4.92(d - ................ Fire regulations 4.36 Cleaning of parte, motors, etc ......................... Exemptions 4.87 _ . 0.......................... Precautions, generally .................. 4.88 4....••.••.. Selffueling........ "" 4.65 Smoking and use of matches '4.66 t seq. ......................... Floors, cleaning..................................... Fueling 4-95 Running engine while fueling ..... . .................. Self-fueling regulations. See within this title that eubJect 451 Ground rental and charges ................ ........ Instruction, flying and test nights 4.54 .......... 0.... Intoxicating liquor or narcotic drugs """' 4.2 Restrictions regarding .............................. Landing, taking offand taxiing ......................... 448 4.47 Liability construed.................................. Maps 4.46 Airport overlay zoning map. See within this title: Zoning i Minimum height of flight, etc........... ....... . operation 4.35 of aircraft overcity ............... Pmkingand mooringareas, deadline, etc. .. 0 ........ 4.1 4.3 Pilot or mechanic required at aircraft controls ............. Public transportation department 450 ...................... Public transportation department. See that title 2.221 at seq. Rentals Ground rental and chargee .......................... Repairs to be made in designated plome 4.64 .................. Requirements for use ofairport ................... 441 r 4.37 Supp, No. 25' `i I IOWA CITY CODE �1 AIRPORTS AND AIRCRAFT—Cont'd. gym Self -fueling regulation Cleaning of parts, etc ............................... 4.90 Compliance with requirements ....................... 4-90 Compressed gases ................................. Disposal of fuels, oils, dopes, etc ....................... 4.97 4.94 i Drip Pam under motors ............................. 4-96 Floor cleaning .................................... 4.95 ' Fueling, compliance with requirements ................ 4.90 Fuelingoperatiom................................ 4.91 Rules for fueling and defueling ....................... 4.92 Storageoffuels.................................... 3 4-94.93 Underground storage tanks .......................... Smoking Fueling aircraft ................................... 4.02(6) . Use restricted ..................... ........ 4.68 ....... Starting and warming up, limitations ................... 452 i Suspension of flying operations by manager o(a irport ....... 446 Unsafe landing me to be marked ....................... 444 Use ofairport....................................... Use restrictions. Soo within this title: Zoning 457 ..... ......... Violations .. •••...••..•••..••••. 4.4 WreckedairereR,di spoael ............................. 442 Zoning. S" aw that title Administreth, . \ generally ........................... 441 Air space height limitations 4.74 ALpoet ovarhq wdog map .......................... 474 Airport cans ........ ......................... Airport caning wmmirion i 4.74 .......................... Board of adjustment ................................ 4.77 4.78 , Conflicting regulation ............................ 449 Definitions ....................................... 4.79 Enforcement ...................................... 441 •'. Equitable I inge........................................ Nonconformitis 472 .................................. 4-76 Pemltis ........................................ 445 Prohibited ads .................................... 444 Purpose .......................................... Special exceptions 4.71 i ...........................:..... Use restrictions ................................... 4-79 4.75 Variense........................................ 440 ALARM SYSTEMS - Definitions ......................................... 24.126 False alarm" ....................................... 24.128 Judicial review ..................................... Penalties 24.190 i ......................................... 24.131 Supp. No. 25 - 2980 I ■ I� CODE INDEX ALARM SYSTEMS-Cont'd. Permission to install alarm systems. Stan dand,............ Sects Section Service of notice ..................................... 4-127 24128 ALCOHOLIC BEVERAGES Airport restrictionsregarding nes, passukn.elr. rBear ......... Bae prohibited HB ........................... Children. See 6S hereinbelow: Minnie Coaeumptloi in public Glees .......................... fa minora l connection with business Deco Generally 61 . PerPemitn .ir d ................................. mit required 5.7 ................................... ' Revocation ..................................... 68 Dancing 69 Prohibitod Ws sad actsou premiss ... Disorderliness...:........... 6.2,68 ....... ..............427 .... Disorderly persons,persons,.conduct.en..d.houses..8s.that.lica et 2mg. Drinking in public ............... 0................... Houroolbu4oss 2481 .................................... Intoxication ........................................ 6.10 Airport regulations. See: Airports 64 aid Aircraft Iowa River regulation ............................... Iowa River. See that title 2A-78 d seq. L MM and permits APpliationfor nmewal .......... ................... Applicapermits 644 ...................................... Beer Bear permits 6.22 Classes ........................................ Separate permit s(erquired W"nste leratlone, 61B ek..... Rand required 6.21 ..................................... Counciluilois 6.22 ....................... ............. Daneingroqulremenfa 628 .............................. Fes ............................ 58 Refunds 6,28 Forwarding of documents to state 5.32 ..................... Inveetlgation 628 of applicant ........................... Llquer control hwass 626 Class ........................................ Nature and scope .................................. 620 Peron 5.30 ellglbla................................... Premise4 requlreamats (m 629 .......................... 628 Supp, Na 26 2880.1 /7G.z IF 1== IF -i ----- - . ..... .... CODE INDEX ANBLpW AND FOWL—Coned. Section Gifts or prizes Offering or giving RIWAY live animals 15 .......... 7.7 Coats 7-4 Running at large .................. — H,rse-drniVo vehicles for hire .............. 35-16 et seq. Vehicles for hire (taxicabs and horse-dra" vehicles). See thattitle Homes Prohibited activities in parks, etc. ............. 25-1 Parks and recreation- Sea that title Supp. Na 25 2982.1 / 7(012- . I ■ CODDINDEE �– ENTERTAINMENTS—Cont'd. Defined ............... Section Streets and ddemlks. Bee that title 91.1 Group soil as is Parks .......................... and recreation. See that title 26.18 et seq.Parke Use permits for use of public ways .............. 81-IU et aq. EQUIPMENT Public works department divisions . ................. EQUIPMENT MAINTENANCE 2.166 Boards and commissions services ................... ESTATE E•102 Person construed re ............ ETHNIC DISCRIMINATION Human rights Providons ............................ EVIDENCES OF DEBT 18.1 et seq. Personal Property defined h ....................... 1-2 2 Asphalt sheets, "Pair ........................1 91-80 a 1 lBrickiithieee \ .................................:. t+. pair 81-28 at)mg. I ............................... Broadband telecammunlcaHoae 81-80(a)(8) eysiem Excavation Permits in streets, sidewalks, etc :..... Praneld". See also that title ]t-8b(b) Cloaa•np ....... Concretestree............................ 81-8t Curb cute. Sea: treats ea: ,.0 ........................... and Bidewsiks 81.80(a)(2) Definition,0. Emergency exravatlone.. ..•••••.•.••••.•...••...... 81-22 Exemptions ..................................... 2I-96 ........ Inepectitione ............. ...................... 91.98 .......................... w type atrcets 91.88 ............ 0........ 0............ Monuments, Preservation 31-30(a)(1) .... 0...................... Noise, duet, debris 81-97 ...... 0... Parking in apedfiad Places Prohibited ............ C. ... E8•286 et req, T7'afDSee that title Par eye and other unpaved areab repair Paved surfaces .0......... 81.90(x)(8) Backfilling of excavation under or within two feet of ..................... . . . Protection from 91-28 equipment dame ."""' Pavement, reps(r of """"" 81.26 Performance de mit •.•..•.••..•.•.•.•.••...•..... 91.91 Permits ••••••••••••••••••••••••••••.. 91.28 Application ..................................... s]-an Supp No. 26 3005 ■ I IOWA CITY CODE /1 (l EXCAVATIONS—Cont'd. Certiicate of insurance baa ............................. Requlred, 91.47 exemptions ...................... ...... Protection of I adjoining81-18 property ...0000 ............. Protection of paved surfaces 81-28 ........................ Repair of surface 91-26 ................................. Saw ate 81-88 l ... 0 ............................. 0000... Short title 81-88(a)(7) ............. .. Sidewalks, driveways, curbs, sutUen .. Repair 81-21 of ............. ................ Street exemvatioss by franchise ... holders. S.m.... : F.ran- 81.80(x)(8) + .. chices See also specific franchise holders, eta Street regulations, other, Sm: Streets and Sidewalks ' Time of completion ....0........0.0....0........... I. Traffic control 81.81 ...... 0. Tree Protection regulations 81-24 I .................•.••...• ........................ Forestry. See flat nae 84-18 et seq. t Trenches in PIPs ' Uopved area and d Parini e9s, backfill ag I .......... vtluae. 81-28 ; ...Relocation and protection ........................ 81.27 EXCRETA DISPOSAL - Pet xalmd prohibitions and requ mmenta ....0000... : .. Animals and fowl. See that title 7-19 at mg. EXHIBITIONS Circuses, carnivals, meaagedea, eta ................ i Circuses, Carnivals, menageries, eta See that title 8.18 et meq. Group activities in Parke .......................... Parks and recreation. See that title E6.48 at Use permits for use of public ways ................. EXITS 81.194 at seq. j Housing standards re exits, means of egress ...0000... Housing. See that title 17-8(1) EXPLOSIVES AND BLASTING AGENTS i Fire prevention and protection. See that nae Storage sones .................................... 12.18 F � i FALSE ALARMS Alarm systems False alsrme 2/•128 False cells for police ............................... 28.4 FEBRUARY TWELFTH Computation of time re ............................ 1.2 Supp. No. 26 8006 i— t� CODEHNDEE HEALTH AND SANrfAT10N—Convd. clewingot open property by city Section ........................ Garbage Ili -80 and trash. See that title Garbage and trash, etc ................................ Garbage and trash. See that title 16.1 at seq. Generally, Chap. 16 (notes) Horse-drawn vehicle sanitation .......... ...... Vehicles for hire (taxicabs and horsedrawa vehicle;), See 36,38 that title Nuisances ......................................... Nuisances, See that title 24•101 at seq. Pet animal regulated ... .............................. Animate and fowl. See Umt UUe 7.1 at eaq, Water supply ....................................... Water and sewers. See that title 33.116 at awl, HEARINGS Administrative rode ................................. Administrative 2.15 et seq. code, See that title HEATING Meehenicel code ..................................... Mechanical code. Bee that UUe 844 et seq. Mlnimumstandards for lighting, heating, eta ............. Housing. See that title 17.6 at seq, HISTORIC PRESERVATION CrtiBoduare ropidsoar Applications for .................... . • •.. • Dangerous us="UoSas Bondi 2747 oa ale: Dangers ap RemaOef........................................ DeRnitloru 2748 ..............�.......................... Enforcement .............. 9749 Historic districts .•.....•...... •.......... 27411 Prnesdmsa far lie desl faatim d ................. ; ... Hiatal; praarvatioa commission 2746 Established; membership ........................... Powers 2749 .......................................... Rules of 2748 ..........................................27.84 Purpse and intent ................................... ViobstionA. Penalties 2741 ................................. Zoning, !Nora 27.90 also that title Compatibility with exiatingwaingregulations .......... OHP—Histmicpreeervationover)ey 274 2749 ease ............ .. 9at wq. HOGS Swine running large at ............................... Animals in general. See: Animals and Fowl 74 BupP• Na 26 9015 IOWA CITY CODE i i HOLIDAYS Computation of re , ............................... 1.2 HORSESHOWS Cireuees, carnivals, menageries, etc ..................... Greases, Carnivals, 6.16 at seq. menageries, etc, See that title HORSES Horse-drawn vehicles ................................ Vehicles for hire (tazimbe hursedrawn 35.16 at seq. and vehicles). See that title Livestock running at large ............................ Animals in 7{ general, See: Animals end Fowl Overworking, overloading, overdriving, etc ............... Prohibited activities in parks, els 7.2 ....................... Parke 26.1 and recreation. See that title HOTEL AND MOTEL TAX Established ......................... ......... Implementation 92.1.21 ...................:...:...:......... 32.1-22 HOTELS AND MOTELS Hotel and motel tea See that title Human dghbprovidons .................:.....:...... Restaurant 1&l et seq.q. regulations ............................... Restaurants. See that 19.16 et se title HOTTUBS Z00121��6�'�h�itW e6structlee tegardds • ................... '^+1*. See"OUN 30M HOUSE HOVERS =34111boB MmIM PnsysYiM M Neft Bdltls6 list to ........... HridSses B.M . .......................................Depoeftforexpum bdty ..........:.................. BJB Ds OWU asi Asa Bbl Dkpm ttaa....................................... Electrical 989 node pmrWM re mored buildings ............. bfeummd 8-166 ....................................... leweasi, ,e. B." dl7ssBiso .......................... Inevenm am .......................................... Uesom sad paemly 982 Lieses►syubed.................................. Peralta 677 AspE.nr ................................... B•76 Building Permit praregoWrs to la�asee ....... Ftl $41 ........................... Ileuses ..........Fleft ............................. Required....................................... 681 8.78 Bopp. No. 25 sole /74,4 i M i i i , i M a CODE INDEX HOUSE MOVERS—Coned &ander&Sa mum Section ............................ Term, duatiea ............ 88f Tiftlinumpuauyatlsdajl SaLighlint kn.................. nyulred at dpht 881 ...... undw eoeubair,•dueandootim am ndi...................... kwA-w....... Parklnf metrum ................. .......... Pecmlla See hm dh . [Aoeoue and h wl 88B PWMWAa. d0" of ........................... Rou4.dnifoatim B88 ....:.............................. 881 BUM No. 78 i I 9018.1 f. r 1 i -I -�-------- -__ __ __ --- _----_,r..___ _ 1 �. .. f. r 1 i -I 1 I 1 �. .. �. II I .I. ,. �. CODE INDEX _- MISSILES, BALIS, ETC. Section Prohibited activities in parks, atc. ____� 26.1 Parka and recreation. See that title Throwing balls in streets _____..Y_ _ 91.9 i MOBILE HOMES AND MOBILE NOME PARIfB. See; Manu. factored Housing Parka j MOBILE VENDORS City Dlars, regulations for ........ _.___.._..._.__.. _..._ 9.1.1 at seq. City plan. See at" that tide MOBS Unlawful assemblies _ 24.2 Assemblies. Sea that title MODULAR HOMES. See: Manufactured Housing Parks ! MONDAY Computation of time r 1.2 MONEY i Personal property ddhd to 1.2 MONEY OF CITY. Sss: Fisseeas - MONTH, YEAR Defined .. 1.2 MONUMENTS Cemetery monuments, defadn[ 9.9 Preservation during awptian 91.87 MOPEDS Traffic regulations; �. 99.1 at nq. i Traffic. Bee that tide ; MORALS OFFENSES Seat Indedee" sad Obsnntty MOTELS Hotel and motel tam See that title MOTOR VEHICLES AND OTHER VEHICLES Aircraft fuel handling vehicles 4.92 Self fueling regulations, See; Airports and Aircraft Billposters, billposting and distribution _.._.._____...__.__ 3.16 at eery. Advertising. See that tide Bueea Public transportation department, responsibility of........__ 2.221 Tndte regulations .._.___ 29.291, 29.292 Cemetery regulations 9•4 Cemetery. See that tide s CRY Dlara, motor vehiela regulations in ................ ... 9.1.6 City Placa. See also that We Sapp, No. 25 9028.1 I IOWA CITY CODE / MOTOR VEHICLFS AND OTHFIt VFIHICI,E,%—Cont'd. Horsedrawn vehicles seetbn -- Vehicles for htre (ta4mbs and horeedrawn vahtclae). Sea that title 96.18 at seq. Litter thrown from Noise regulated 16.82 Motorized vehicles .._^____-.,•_„_ Vehicle "Pat" and testing-..._._.__..._____.........�,_ . 24,4.7 Nuisance abatement reguLUma 24.44(c) Nuisances. Sea that title ^^"—^---- 24101 at us. Prohibited "Wit ee In pub, ate, Parks and remutiom Bee that G 26.1. . Public transportation department Public transportationdepartment. See tbat_�-_ title ""—"'— 2-221 at seq. Btarags of obsolete motor vehteiss or jgsksd vebicies Nuisance provi dons Tasicabe Vehicles for hire (taxicab. and horse-drawn vehicles). See that title 86.16 et Mq, Traffic regulations Traffic. See that title - 22-1 et eep. Traneportatian of garbage sal trash ti..._�_..._..._.,,__,. Garbage and trash. See that title 16.68 MOTORBOATS . Iowa River regulations -.-_..,,_' Iowa River. See that Gs -'•'"'-"'^_ G 247 8 at as% MOVING BUILDINGS. See; House Movers MUFFLERS ON BOATS Iowa River regulations t _.„,.,_.,_,,,,_,,,_,,,_ Iowa River. &a that title - 24.78 at asp, MULES Cruelty to f MULTIPLE DWELLINGS 7.2 Housing standards .. Housing. See that title 17.10 at seq, MUNICIPAL LIBRARY. See: Library MUNICIPAL SEAL See: seal MUNICIPALITY. Sea; Cit MUSICAL EVENTS Croup activities in parka ____„_.,_^_„_,,.,,�„� Puke and recreation. See that title f6.41 at seq. Bopp, No. 26 9028.2 1702 CODE INDEX MUSICAL iNSTRUMENTB . NOW reiulated._.._._..__.�._..,,,,-„�_�_,_ Nuleance abatement nVulatlou Nuisances. See that title I i Supp N, 25 I i 3029 Section ....__ 24.1-6 -.--- 2d.loletaeq. N i CODEINDE% I --- UTILITIES—Cont'd. Section Water ............................................... 33.116 et ceq. Water and sewers. See that title V VACANTLOM Animals tied,staked,tethered, hobbled, etc ............... 7-20(e) Animals and fowl. See that title Littering .......................................... 16.77 et seq. Garbage and trash. See that title VACCINATION Isolation and quarantine of rabies suspects ............... 747 Animals and fowl. See that title VANDALISM Damaging, defacing property .......................... 24.1 Defacement of monuments in cemetery .................. 98 Nuisance abatement regulations ....................... 24.101 at seq. Nuisances. See that title Prohibited activities in parks, etc ....................... 25.1 Parks and recreation. See that title TreNct ntrol devices, interfering with .................. 23.36 /- Traffic. See that title VEGETATION Forestry........................................... 34.16 at seq. Forestry. See that title. See else: Troes and Shrubbery Turf and wood control ................................ 3489 at seq. Weeds and brush. See that title VEHICLES. Soo: Motor Vehicles and Other Vehicles VEHICLES FOR HIRE frazicabs and homo-drawn vehicles) ChauD'eur s license Required ......................................... 36.25 Suspension or revocation ............................ 3535 Term; renewal of licenses and permits ................. 3536 Decal Issuance ......................................... 3631 Vehicle for hire license decal ......................... 35.29 Dennitions......................................... 35.16 Distinctive color scheme required ...................:. 35.18 Driving permit Application ....................................... 35.27 Fees ...................... I ..... ,........ I...... 3534 Identification card or budge .......................... 3520 Issuance ......................................... 35.28 Required ......................................... 35.26 Supp. No. 2b 3071 1 cep IOWA CITY CODS VEHICLES FOR HIRE—Cont'd. i Suspemion or revocetian Section -- .......................... . . Term; renewal 96.36 .................................... Fares. See within this title: Rates 3536 Horse-drawn vehicles Animal treatment and health ........................ 3539 Equipment ....................................... 3540 Routes .......................................... 35.37 Sanitation ....................................... Identification 3633 card requirements ...................... Interior lights required 35.20 ..............:.................... Lettering of company name on vehicle ................... 35.19 35.17 Licenses Chauffeur's license. See within this title that subject Taxicab license. See within this title that subject Name of company requ ired on vehicle .................... Permits. See within this title: Driving Permit 35.17 Public transportation department ...................... 2.221 at seq. Public transportation department. See that title Rates Card to be displayed and provided to passengers ......... 35.22 Disclosure of ...................................... Receipts 35.21 for fare; contents ........................... Right to demand prepayment of fare, obligation to carry 36.23 passengers ...................... Smoking prohibited in public conveyances 36.241 ................ Smoking. See also that title 245 Suspension or revocation of licenses, and permits .......... 36.35 Taxicab license Application ...................................... 95.30 Decal for .......................................:: •_. 3639 ................................... Issuance of license decal ............................ .34 3 95634 Liability insurance Prerequisite to issuance ............ 96.31 -32 Mechanical inspection prerequisite toInuaace .......... Suspension or revocation 35.39 ............................ Terme; renewal of licensee 9553.35 5 anS permits ..... . .......... 3 VENDORS City Plaza, regulations in .......................... City plaza. See that title 9.1-1 at ssq. Peddlers' regulations .............................. Peddlers, canvassers and solicitors. See thed title MI at seq. VENTILATION, LIGHT AND HEATING Minimum structural atsnd"dis for all dwellf P Interior air quality; natural vsotRatlonl IDsebaMtal ventilation regoiremenb ,,,•,,,,,,,,,,,,,,,,, 17.6(k) Housing. See that title Supp. No. 26 807E M I I i Supp, No. 25 i i j 3072.1 j CODEINDEX '-. VESSLU Iowa Rlvar raav4tlooa Section ...... Iowa Rlver. Sea that 8tia ..••.•.••••••.•.••.•.. W78 et aeQ, VL"TEBANB DAY Computation of tlma n ............................ TRBIN VE ARLtN9 1.2 Win and diww eoatrol .......................... that Anlmala and fowl. Sea at tltia 7.47 VIOLATIONS 1 Adminlatntiva wda ..8.........tl.W................... Admldatrativs coda r that &180 et aaq. i i Supp, No. 25 i i j 3072.1 _.V ZONING—CmCd. Section Density sons, EN•12—tar density MUW&n* rOMWAW ease. 8r within this title that subject RM•20—Medium density multitamlly residential zoos. Se within this title that subject Development M—Interim development zoos. See within this title that subject Dimensional requirement, Gen" yard requirementm .......................... 3687 Generally ........................................ 3686 Rdght emptim ................................. 36.70 Obstruction in yards, permitted ...................... 3886 Setback, established Requlrement+aademptlontor .................... 3889 Zoos, dimendonal nqubam,ay tor. Se within this tMe vari m goons r indamd Dog runs, permitted obstructions ....................... 3688 Dop or ab Ystsaiaallseptraereb ............................ 7.90 Ddh intheadam additional rgp1stins,................. 8886 [,adfldaealre3vWlsos .................. MMS) Enclosures Pence and help requirements ....................... 3888 lmtawm,nt....................................... Retraction, am additional nRrrhttons ...................... rensu and hWSm - 388604 Permitted obdructions in yard, ...................... 3888 Requirammts..................................... 3886 Fire SOMPe Permitted obWcti ms in yards ...................... 8888 rim somas .......................................... 8.19 Flammable and combustibles 9torap sone ..................................... 12.19 Flood hazard overlay zones, Adoptionof flood maps and food Imurenceatudy ......... 3631(c) Definition ....................................... 3632 Disclaimer or liability • • • • • • • • • • • ................... 3631(9 Intent ........................................... 3631(b) Lands to which ranee apply .......................... 36.31(d) Nonwnformin8structures ........................... 3636 OFP—Floodplain overlay sone Establishment .................................. 3631(8) Regulations .................................... 3633 OFW—Floodway overlay zone Establishment .................................. 3631(g) Regulations .................................... 3834 of seq. Supp. No. 26 3W 3 IOWA MY COD& ZONING-•Cont'd. Section . Public inspection ........... ....................... Purpose 3631(h) ........................................ Special 3631(a) esceptlow .................... Termination of location Of0oodplains and Odw oeye ....., 9636 8631(e) Variances ........................................ Fuddtspeneing W Wpment 38.97 Permitted obtrudlona in yard ....................... Fran" home, dditimd r"Matiao. 3888 ................... 3886(0 General bubmir al 110,1, Sr within this 9&9 title: I i_G. wrd Indu&W Zoo, Glare,PWormencerequimments ....................... - Governmental finds 36-76 P—Public son,, tir within this tial that aubjsct Heavy industrial sow. Gas within thi, title: I.2—Hrvy la. dwtrid law Height Fence and h,dp nqutrwmm, laetion sad beight ....... Height 8886 eavptims .............................. . High -rim multlfamlV residential mR Br within thle fftM: 38-70 BN•104IW64 it MWUAM URMWWA el Lees H oemwddSr Iff"this WitC-1—Highwo . Commercial� Histaricpreeeryation ................................. - Histone p esrvatim. Sae that title 2731 et wq, Histasic preservation overlay zone. See within thi, title: OHP— I Historic PreervationOverlay Zone Hot tub Permitted obstructiona in yard ....................... Hoar leaving r gulatiow 3888 ............................ Hauer me r Sea that 688 title 1.1—(Level hwoww m Dimensional n9uiremant. .......................... Fler err ratio, maximum building bulk 36-27(u) ............... 36.27(d . Ga� rprovisil................................. buGdtegbulk 36.27N ' ...................... intent ........................................... 36.27(e) Id ane, dimendowl reph mints 36-27(s) ................... Eatoonrage, maximum building bulk 36-27(e) ................. Permitted 3&27(e) aceerery urs and building, ................ permitted wr 3656 .................................... Ruvilionel uM 36.27N) . ................................... 80eeial erwPtlms 36.27(c) ................................. Spatia] 36.27(d) ' provldow................................. msarequilrele 36.27(6) ..................... I Hmvy WmtorW 96-27(e) Building bulk. maximum ........................... 36.28(e) Sapp No. 26.. lvf I M MIN CODE INDEX I ZONING—ConVd. Section Dimendonal requirements .......................... 3628(e) Floor an a olio, maalmum buUdiDg bulk ............... 3629(¢) General provisional ................................. 38.28M &sight, maximum building bulk ...................... 38.28(e) Intent ........................................... Lot emsm .dimensional requirements ................... 3628(e) Lo Lot c,,mg,, madmmm building bulk ................. 3628(e) Permitted ecesesmy wee and buildings ................ 3666 Permitted uses....................................3628(0) Provisional was ................................... Special exceptions ................................. 3628(8) 6pedal provisions ................................. Yards, dimensional requdremente ..................... 9628(¢) ID—Interim development row Dimensional requirements .......................... 998(e) General provisions ................................. 36b(0 Intent ........................................... 998(x) Permitted aeseesory uses and buildings ................ 36Z6 Permitted uses .................................... Provisional u�as1�............................... .... . swc) Spd� al �aoa................................. 3Wd) Special provisions ............................... 385(8) Yards, dimensional requirements ..................... 366(e) .Implementation Amendment d provisions ........................... 3988 Amnsatlon ...................................... 3690 Building and occupency cert8iestee ................... 9889 Construction prior to provisions ...... 3984 Enforcement ................................ Rules of construction for boundaries ofsons . 3687 Violations ....................................... 3889 Industrial zones . I1-0enenl indukrial tow. Bee within this title that subjoct 1.2—Hwvy industrial zone. Sea within this title that Subject ORP— Mu, and research park ruse. Ss within this title that ambient lateral. commeial none. Ss within this title: Cl1—Intensive Commercial Zone Junkyards Additional regulations .............................. 3986(11 Kennels Additional regulations .............................. 3646(k) Large orale developments ............................. 27.29 at seq. Planning. Sea that title Licensee Signs ............. I.............................. 3684 Supp. No. 26 3088 M ... ._.IF - IOWA CITY CODE ZONING—Confd. Loading Section - OCatreet loading requirements ...................... 3059 Lots DweUuga,raolatlimaadtownhmv m,edditlomlmgulatiom. 3050(0 Nonconforming lots ................................ 3052 Zones, various dimensional requirements for. See within this title various cones es indexed Low density, zone. See within this title: RM12-14w Density Multi -Family Residential Zone Mall zones, description of ...................... 4 ...... 9.13 City plaza. Sao also that title Memdaohaed housing. Sea within this this RADE—Menufeatmed Homing Residential Zone Manufactured homing parks ..4........ 4 .............. 22.1 at seq. Manufactured housing parka. Sao that title Medium demity zone. Sae within this title: RM•20—Medium - Density Multi-Faasily Residential Zone Multifamily mass . RM-12—low density multifamily residential mm. See within this title that subject RM•20—Madium danAItY multifamily residential me. tie ' within this title that subject RM140—High-ries multifamily rosidentlal zonae. See within this title that subject Name .................:.............. ... 36.2 Neighborhood conservation residential zona. Sao within this title RNQ20—Neig4hu800d Conservation Residential Tom Nonconformities Flood haurd overlay mass, anconformingstructume.... 3838 General provisions ................................. 38.79 Intent ........................................... Iuts 3&78 ....................................... 4..... 3852 Nonconforming uses ............................... 3650 Signs. See within this title that subject Structures ........ 4 .............................. 3836,3881 Used ............................................ Nureinghomes, additional regulations .................. 38.60 3658() Obstructions Permitted obstructions in yards ...................... 3658 Odor, performance requirements ....................... 3678 Off-street loading requirements ........................ 3659 Olfau"t parking requirement ........................ 3858 Permitted obstructions in yard ....................... 3668 Office zones CO.1—Commercial office cone. See within this title that subject Sapp No. 25 1 3086 J i ■ i i CODE INDEX ZONING-4Cont�d. OFP-FloodPlaln overlaymne SwumEstablished j ....., Flood hazard overlay ............. 3831(8) canes, gee within thii Requirements...... i lent Uece Permitted .................................... OFW-Floodway overlay zone 3833@) 9833(a) Established ........... .... .................. 9831 Flood hazard werlay zones Sea wi thm lhb UUe that subject g) . Requirements .............. . . ••.•••. •.••..••.• Uses andeWcturee prohibited 36,Wd) ...... Ueespermitted ....... .•.•••.••.•••.••• Permitted by epeciel ezceptioa 9834(c) ; 3834(4) 1 OHp ................... I1letoreservation P overlay zone D.. escriptionn I ......... procedureefur dee' + enati.on ofrone,................. Purpose 3"3(b) .................. .. OPD.H-planned Bevel ... ..................... 3854 opment housing werlgy zone :.. Building permit, 3853(a) ! .. FI am ............ I ................ PProv,l .................. IqPn 38471h) , Final las ...............�....................... P olsubare, ............... ........... 9847(g) 3847(c) /-- Cenral requfremeata ....... ................ 3647(d)P1 I'g d .............. Prel' necommieeion relwrt................ approval PrellmlrmioarY ................. ary Plea ..................... .... 3847(0) 3&47(6) Open etor .......... age, Performance requiremen4 der ................ ORC-River corU 3847(a) wort oy zona Boundaries .......................................(') 3&78 i Definitions i ..... Establishment .............. 9848 Flmil ............. noru¢ quiremenia ! i In ..................•...... •.:.. Infant 3844(a) ........................................... Permitted I . ueoe ............ 9�48(b) sitPurib,e.......................................... e plan requirement ............................. 3646(a) 8841(6) B al rovisions ...... •••••••.••.••••..••.•.... Grnamenta 9848(c) , foeture,, obetructIOU in yard ....... 11P-4MM mt� ryyrcL 3646(d) 88,88 Pu�rak Dime Inn requiromen4 ,,„, Floor am ratio,mazlmumbuildlrrQbulk ............... General provision, 3&26(e) , , buildingbulk X25(a) IHelght,mecimum ntent ...................:: 98-28(0 ............... Lot use, dimen,lono requirements 3836(e) ! 88�8(a) .................. LotcwarY,, sa,:lmum byilding bulk ................. Psrmlttad awe"Ory we, ' 38'26(e) and bulldbrg, .... e) , ........... BuPR No. 25 3087 i /7Gz ■ IOWACFFPCODS WNINO—cont'd Permitted uses.................................... Section provisional usd 3626(b) ................................... *Sctsl aaospHoos 9626(c) WcLI provisions SYardi6d................................. 3&26(d) ................................. 3626(8) overlay sates............. ..................... 3626(6) Flood hazard overlay zones . Histori......................... preservation overlay zone 3631 at mg.c ............ Planned development housinguverlay (OPD-H)zone 3653 at seq. ...... Rivercorridor overlay(ORC) zone 3647 ..................... P—Public zone 3644 at seq. Dimensional requirements .......................... General provisions 363IXe) ..................... — ......... Intent ........... 3630(0 ............................ Permitted uees 3630(a) ......... Provisional nese..........•.•••••.••.•.••.••.•.•••• 38.30(6) ................... Spacial esceptiom 363IXc) ...........................•••.•• Special provisions ............................ • • • • . 369IXd) Park • •... 3630(g) OSP—mid and rusemb Part aoaa Sea within this title that wrppet Parkirat OQaf+dtparkh+izsW6amsnb ...................... Partindats matter 3658 Performance requirements .......................... Performenw requirements 3676 , OiOa°Wlf........................................ ............................................ 8676 Ow der .late 3676 ties ................ Particulate onettar, n9uiroselob 8676 ...:................. Requirements ..................................... 9678 ............................:........... 8678 SSeaming ews& Wastes 3676 .................................... Smoke, nqulnmsnb 3676 ...................... . ........ Stange .......................................... 3676 ibzle math ...................................... 9678 Malts 3676 ........................................ Psrmlts 8676 Fannpermits ..................................... Sigas. See within thio title 9656(4) that Subject Permitted uses Zoos, Permitted uw for. an within " gills varier sand Y Indexed Pel animals, rsWhaments ............................ Plan commission ............ 7.20 I ....................... plancommission, ed that UU, 27.16 at seq. Planned development homing overly a ooa ............... 8647 Supp No. 26 9088 � /74;o2� CODE INDEX ZONING—Cont'd. Section Porches, baiconta, decks and stoop uncovered Permitted obstructions in yard ....................... 8888 Principal tuws and requirements ....................... 3" at seq. Provisional uses Zones, provisional was far. Bee within this title various sones as indexed Provisions Amendment of provisions ........................... 98$8 Construction prior to provisions ...................... 9886 Enformment...................................... 9884 tion" effect Of ................................... 88S Name at ......................................... 8&2 Ordhremor eased een repeal, other provisions not included brsin. Bea the preliminary peps and the adopting ordinance of this code Purpose .......................................... 88.1 Public sons. Sea within this tltts: P—Public Zama Purpose ........................................... 86-1 8 45W Rdigiorr imitations. additloaal nffutstiom............. Research park mons. On within this tills: ORP-00ke and Research Park Zana Residential sense RM-12—low density muhiLmBy residential sone. Sm within this title that subject RM-20—Medlum density multidamlly residential some. See within this title that subject RM44—Nigh density muld4unily residential — Sm within this title that suhject RM-146—High rise multi -family residential sone. Bee within this title that subject RM H—Manufactured homing residential sons. Sm within this title that subject RNC-20—Neighborhood conservation residential man. Sm within this title that subject RR-1—Rural residential sone. Bee within this title that Subject liSZ—Law density "edamily, residential sone. Bm wiWn this title that subject R88—Medium density singWarally residential mum. Bee within this title that subject 88.12—HWh density dngbAm11y'resWmWl aura Bee within this title that Subject Raourcm coneervetloncommleeion ..................... 27.72 of aq. Raourca conservation commission. Bee that title River corridor overlay tone. See within this title: ORC—River Corridor Overlay Zone Supp. No. 26 9088 /2,"- IOWA CITY CODE ZONING—Cont'd. RM-12—Low density multi -family residential naso Section Buildh4coverage, maximum buildingbulk ............. Dimensional 36-11(e) requirements .......................... Floor area ratio, maximum building bulk 37.11(e) ............... Height, ---imam building bulk 36.11(e) ...................... Intent 3&11(e) ........................................... Lot area, dimensional requirements 36-11(a) ................... Permitted accessory uses and buildings 36-11(e) ................ Permitted uses 36-66 ................................ Provisional uses ................................... 3611(6) Spacial exceptions 38.11(-) ................................. Special provisions S&11(d) ................................. Yards, minimum: dimensional requirements ............ 36-11(8) 36-11(-) RM•20.Mediu- density multifamily residential zone Building coverage, -aximum,building bulk ............. Dimensional requirements 345-12(e) .......................... Floor arearatlo, maximumbuildlagbulk 3&12(e) ............... General 36-12(e) provisions ................................. Height, --:loom building S&IM bulk ...................... Intent .......................................... 36.12(e) Inst area, dimensional 36-12(x) requirements ................... Permitted accessory uses and buildings 36-12(e) ................ Permitted uses.................................... 5658 Provisional uses ................................... 3612(b) Speciale 3&12(x) Special provisions ................................. Yards, minimum: dimensional requirements 36-12(g) ............ RM44—High density multifamily residential 36-12(e) one Buildingceverege, maximumbuildingbulk ............. Dimensional requirements 3&14(e) ..........................3&14(e) Fleur 8118 ratio, maximum buildingbulk .............. General provrelons .............. 3&14(6) Height, maximum buildingbulk 3&U ...................... Intent ............. 3&14(e) . requirements is .................. Lar area. dimensional requirements 3&14(-) gs ................ Permitted accessory uses and buildings 3&14(e) ................ Permitted nese.................................... 3856 Provisional ues-......... .......................... 3&14(6) 36.14(c) Special exceptions ................................. Special provisions ................................. 36&14(d) Yards, minimum; dimensional requirements 3614(g) ............ RMd46—High-rin multifamily residential zona 36.14(e) Building overage, maximum building bulk; dimensional requirements ............................. Dimensional requirements 36-16(e) .................. Floor eras ratio, dimensional requirements.........., 3&16(e) General provisions ................................. 36.16(0 Supp. No. 26 3090 CODE INDEX ZONING—Cont'd. Section Height, marimumbuilding bulk, dimensional requirements . 96-16(e) Intent .......................................... 36-16(a) Lot area, dimensional requirements ................... 36.16(e) Permitted acceeeory uses and buildings ................ 9656 Permitted uses .................................... 96-16(b) Provisions] uaes................................... 36.16(c) Special exceptions ................................. Special 36.16(d) provisions ................................. Yards, dimensional requirements 36.16(g) ................... RMH—Manufsetured housing residential zone 36.15(e) Huildingcovenge, meximumbuildmghu]k ............. 36.9(e) Dimensional requirements .......................... 3&9(e) Flomarea ratio, maximum buildingbulk ............... General 369(e) provisions ................................. Height, maximum building bulk 369(G ...................... Intent ........................................... 98.-9(e) Lot area, etc; dimensional requirements .............. :. 36&9(a) 36.9(e) Supp. No. M 9090.1 RESOLUTION NO. 85-280 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CEDAR RAPIDS AND IO{YA CITY RAILWAY COMPANY WHEREAS. the City of Iowa City, Iowa, has negotiated a is with Cedar Rapids &Iowa _gjLy Railway Co. , a copy of said a reement being attached to this Reso ution an y tiffs reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Cedar Rapids S Iowa City .Railway Co. , 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same, It was moved by Strait and seconded by _Dickson that the resolution as read adopted, and upon roll call there were: AYES: NAYS: ABSENT: — x Ambrisco X Baker x_ Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this _ Zlth day of Sentember , 19 85 MA OR ATTEST: :e,�� Received & A CITY CLERK 8Y Legal DrPa venni �7�PJ LICENSE AGREEMENT FOR OCCUPATION OF RAILWAY CORRIDOR THIS LICENSE AGREEMENT, made this 24th day of tember 1985, between CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called the "Company" or "Licensor"), an Iowa corporation and the CITY OF IOWA CITY (hereinafter called the "Licensee"), having a principal office in Iowa City, j County of Johnson, and State of Iowa, WITNESSETH: That the Company, in consideration of the sum of Five Hundred Dollars ($500.00) and agreements as hereinafter mentioned to be performed by the Licensee, hereby grants Licensee the right to specific and limited use of all those certain premises, as shown on the plat attached hereto and, by this reference, made a part hereof, situated in the County of Johnson, State of Iowa. 1. PURPOSE: Licensee's use of the premises shall be for the sole purpose of running two (2) 2" rigid galvanized steel conduit on either side of Burlington Street in Iowa City, Iowa per attached drawing. The conduit shall be no less than 4" be- low top of rail. A. The Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such pur- pose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed. If any such use shall necessitate any change in the location or construction of said facility, or any part thereof, such changes as may be reasonable shall be made by the Company or at its direction, at the expense of the Licensee, upon de- mand of the Company, and said Company shall not be liable to said Licensee on account thereof, or on account of any dam- age growing out of any use which the Company may make of its tracks, property and right-of-way. The Company shall have the right,,at any time, by giving ninety (90) days' notice in writing to the Licensee to require the Licensee at its expense, to relocate or modify the facility so as to conform to reasonable changes the Company may desire to make in its track grade, track location or any other changes Company may desire to make in its property. WE t B. The Licensee shall bear the cost of all reason- able protection which the Company may require for its tracks or property during construction and maintenance hereby authorized and of all reasonable repairs, changes, additions or betterments to said Company's tracks or property made ne- cessary on account of same. If, in the reasonable judgment of the Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Company will provide such support, and the entire cost thereof will be paid by the said Licensee promptly upon re- ceipt of the bill therefor. 2. TERM: Except as provided to the contrary herein, Licensee shall be permitted to use the premises in accordance with the terms hereof, together with the right of ingress to and egress from said property for the purpose of constructing, inspecting, repairing, maintaining and replacing Licensee's facilities located.thereon, or the removal thereof, at the will of the Licensee; it being the intention of the parties hereto that Licensor hereby permits the uses herein speci- fied without divesting Licensor of the rights to use and enjoy said property, subject only to the right of the Licen- see to use the same for the purposes herein expressed. Should Licensee or its representatives violate any of the terms or conditions hereof, or use or attempt to use said ! premises for any other or different purpose than that above specified, then the Company may, at its option, -immediately revoke this License. 3. NOTICE: Any written notice given by the Company to the Licen- see shall be deemed to be properly served if the same be delivered to the Licensee's designee, the Director of Public Works, or, if mailed, postpaid, addressed to the Director of Public Works at Licensee's last known place of business. Any written notice given by the Licensee to the Company shall be deemed properly served if the same be delivered to the Company, or if mailed, postpaid, addressed to the Company at its last known place of business. 4. TAXES: The Licensee shall pay all taxes, licenses and other charges which may be assessed or levied upon the business of the Licensee or upon improvements made by the Licensee upon said premises, or against the Company by reason of occupa- tion or use of said premises by the Licensee. 7&Z �. ASSIGNMENT: This license shall not be assigned or in any manner transferred by Licensee, nor shall said premises be used or occupied for any purpose other than that specified herein, without the written consent of the Company. i 6. ABANDONMENT: The failure of the Licensee to occupy or use said premises for the purpose herein mentioned for sixty (60) ( days at any one time shall be deemed an abandonment thereof. An abandonment of said premises by the Licensee shall, at ! the option of the Company, operate as an absolute and imme- diate termination of this License without notice. Should j any discontinuance or cessation of use of said facility be due to any damages by fire, lightning, flood or earthquake, or by the abandonment of work by employees of the Licensee during a general strike, or by the Licensee's inability after due diligence to obtain necessary materials for re- pairs or rebuilding, then the said time of sixty (60) days shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid. Upon any termination of this License, the Licensee shall promptly remove all above ground construction in a manner satisfac- tory to said Company, and leave said properties in the same condition in which they were before the installation of the same as nearly as may be practicable. Upon default of the Licensee so to do, the Company may perform the work and re- store the property and Licensee shall promptly pay to the ` Company the cost of so doing. 7. CLEARANCE: The Licensee agrees not to construct or permit to exist any obstruction over any railway track or tracks on said premises, less than twenty-five (25) feet above top of rail, or alongside of track or tracks less than twenty (20) feet from center of track, with the necessary additional clearance on curves. Reduced clearances from those herein specified may be allowed if approved in writing by the Com- pany prior to installation. B. LAWS AND REGULATIONS: The Licensee shall, without cost to the Company, com- ply with all applicable laws, ordinances, regulations and rules of competent authorities affecting said premises. The parties agree that this License shall be governed by the laws of the State of Iowa. 1743 9. LIABILITY: The Licensee agrees to indemnify the Company and save it harmless from any and all claims and expenses, including reasonable attorney's fees, that may arise or may be made for death or injury to employees of the Company, or loss or damage to the Company's property, or to other persons or their property, by reason or in consequence of the occupancy or use of said premises by the Licensee. 10. INSOLVENCY OR BANKRUPTCY: If the Licensee at any time during the continuance of this agreement should become insolvent or bankrupt, or if Licensee's affairs should be placed in the hands of a Re- ceiver, then this License, at the option of the Company, shall terminate and the Compayshall have the right to resume and retake possession of said premises without any accounta- bility whatsoever to the Licensee or to Licensee's estate. 11. PASSAGEWAY AND ASSUMPTION OF RISK: In the event it is necessary for the Licensee or its agents, employees or customers to pass over other lands and railway tracks of the Company, to gain access to and/or from said premises, all such persons shall make use only of the way indicated by the Company for that purpose, and the Licen- see hereby expressly assumes all the risk of accident, loss or injury to such persons and their property having access to said premises in connection with the Licensee's business, unless caused by the negligence of the Company or its em- ployees, and the Licensee does hereby indemnify the Company and shall defend it against all claims, suits, costs and charges made upon or incurred by the Company by reason or in consequence of any other accident, injury or loss as pro- vided above. 12. PRIOR AGREEMENTS ' The parties hereto, by the execution of this Agree- ment hereby terminate any prior licenses between the instant ; parties on the premises herein demised. 13. SEVERABILITY: Any provision of this License which conflicts with any law, rule, regulation or ordinance of competent authori- ties affecting said premises, shall be suspended and shall be inoperative so long as such law or ordinance remains in effect. In the event there is no prohibition against any provision of this License, any such provisions shall remain in full force and effect during the term of this Agreement. /763 -- ...r --- IN WITNESS WHEREOF, the parties hereto have executed in duplicate this License agreement on the day and year first above written. CEDAR RAPIDS AND IOWA TY RAILWAY COMPANY omp ) By ?' .PRESIDE f AATTTTTEST:, Assistant Se r CITY F I A CITY (Licensee) By ATTEST: Recelved & Approved ByT Legal DcpeAmenf 17&3 E- i r=.1.. NORTH SIDE OF BURLINGTON ST 2.. R.G.S.C. ;TRACKS SOUTH SICE OF BURLIGTON ST 0--12" R. G.S.C. :0NMT 'EEL C014DUIT RESOLUTION NO. 85-281 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR LOTS 5-11 AND THE FINAL PLAT FOR LOTS 5-8 OF BLOCK 1, BRAVERMAN CENTER, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Southgate Development Co., Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat for Lots 5-11 and the final plat for Lots 5-8 of Block 1, Braverman Center, a subdivision of Johnson County, Iowa; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats and have recommended approval of same; and WHEREAS, the preliminary and final plat have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that they be accepted and approved; and WHEREAS, the preliminary and final plat are found to conform to all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Lots 5-11 and the final plat of Lots 5-8 of Block 1, Braverman Center, a subdivision of Johnson County, Iowa, are hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify approval of this resolution which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record them at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X AMBRISCO X BAKER DICKSON ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 24th day of 1985.// MAYOR ATTEST: ]�/,s,,;n.,,) �(! 7ViA� ) CI CLERK Received & Approvcoi By The Legal p pawnont OE r 9 r - X83 STAFF REPORT To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: S-8518. Block 1, Braverman Center Date: September 19, 1985 -Final LSNRD Plan, Final Subdivision Plat GENERAL INFORMATION Applicant: Southgate Development Co., Inc. Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning Applicable regulations: 45 -day limitation period: 325 E. Washington Street Iowa City, Iowa 52240 Approval of final subdivision plat for Lots 5-8 and final Large Scale Non -Residential Development (LSNRD) plan for Lots 4, 5B and 7 of Block 1, Braverman Center. To construct a shopping center. On Broadway Street south and southeast of Highway 6 and K -Mart. Subdivision: 10.94 acres LSNRD: 10.4 acres Residential; 8-16 DU/acre and general commercial Agricultural; RM -12, CC -2 North - commercial, undeveloped; CC -2, CO. East - commercial, multi -family residential; CC -2, RM -12, RM -44. South - single family residen- tial, undeveloped; RS -5, RM -12. West - undeveloped, commercial; RM -12, CC -2. Provisions of the Zoning Ordi- nance, the LSNRD Plan review ordinance and the Subdivision Regulations. October 14, 1985 / 793 I i r t i, i I 3 SPECIAL INFORMATION Public utilities: Sewer and water services are available. Public services: Police and fire protection are available. Sanitation services would be provided by private hauler. Transportation: Access is provided from Broadway Street and from Keokuk Street through the K -Mart parking lot. Physical characteristics: Gently rolling terrain. kPIdWU The preliminary subdivision plat and LSNRD plans for this property were recommended for approval by the Planning and Zoning Commission on June 20, 1985, subject to rezoning of portions of Lots 7 and 8, Block 1, Braverman Center, from RM -12 to CC -2. The Commission also recommended a number of conditions related to this project to improve traffic circulation in the area. The rezoning request is currently under consideration by Council, and, if approved, is contingent upon certain conditions as detailed in an agreement known, as,the Pepperwood Place Agreement, between the applicant and the City Council. Final Subdivision Plat The final subdivision plat of Lots 5A, 5B, 6, 7, and 8 of Block 1, Braverman Center is in accordance with the preliminary plat and the subdivision regula- tions of the City. Staff recommends that access to Lot 8 be limited to a single access from Broadway Street, in order to maintain the integrity of the street in relation to the residential uses on the east side of the street. Aside from this addition to the Subdividers Agreement, all other legal papers are in order. Final LSNRD Plan The final LSNRD plan for Lots 4, 5B, and 7, Block 1, Braverman Center, is in compliance with City regulations, and a letter of intent and evidence of ownership have been filed by the applicant. The final LSNRD plan differs from the preliminary plan; as approved by the Commission] in a number of respects; the negotiated conditions of the Pepperwood Place Agreement required that certain amendments be made to the plan prior to final approval. The following changes have occurred: A. Changes within the boundaries of the LSNRD Plan 1. New -design speed bumps will be provided on the main east -west Pepperwood Place Drive if required. No speed bumps will be installed on the drive in front of K -Mart. Staff does not recommend the installation of,speed bumps. /td3 ■ I 3 B. Changes associated with area traffic circulation 1. Barricades will not be installed at the points of closure of Hollywood Boulevard. 2. Curbs to be placed at the points of closure of Hollywood Boulevard will be six inches rather than five inches in height. 3. The main entrance/exit to Keokuk Street will be widened and improved acording to Exhibit A of the Pepperwood Place Agreement, as approved by the Board of Adjustment. 4. A one-way west, single -lane entrance from Broadway Street to a drive (currently Hollywood Boulevard) in front of Colonial Park Offices (CPO) shall be maintained. This drive was requested by the owners of CPO in order to serve handicapped persons and to enable proper circulation of truck traffic. An agreement between the applicant and the owners of CPO will determine how the costs for this construction will be allocated. The City has proposed that the right-of-way for Hollywood Boulevard between Broadway Street and the west edge of the driveway from Hollywood Boulevard to the CPO property, be vacated and disposed of to CPO. The Iowa Department of Transportation (IDOT) must approve this proposal as well as all other traffic circulation and construction proposals in the Highway 6 right-of-way. 5. The Council has decided to leave the Taylor Drive/Highway 6 intersec- tion as is at this time. However, the Pepperwood Place Agreement requires #25,000 escrow from the applicant for possible future improvements or changes to that intersection. Such changes may be the construction of deceleration lanes, signalization, partial closing of the interchange or whatever the traffic situation appears to warrant, once the shopping center has opened. There is a two year time limit on the City's use of the escrowed funds from the time of issuance of the first occupancy permit for the shopping center. Issues for further consideration 1. Staff has discussed the closing of Hollywood Boulevard with the Iowa Department of Transportation (IDOT). Staff recommends, and local IDOT officials are in general agreement, that the closed portions of Hollywood Boulevard be vacated and disposed of to the City and then to property owners. Since this procedure will take several months, staff recommends that Southgate Development Co., Inc., and Colonial Park Offices be asked to sign an agreement with the City, agreeing to maintain the sidewalk and maintain and mow the closed portions of Hollywood Boulevard, and to acquire said closed portions at such a time as they are vacated and disposed of by the City. Easements for the sidewalk and utilities will need to be reserved. 2. The proposed obliteration of Hollywood Boulevard with approximately two feet of dirt and sod will leave the existing sidewalk to the south at a considerably lower grade. The applicant should document how this sidewalk will be drained and kept clear of accumulating debris. /783 4 3. In informal discussion, Council members appeared to be opposed to the Commission recommendation of "right -turn only" at the west intersection of Hollywood Boulevard and Keokuk Street. The Council has not yet considered the Commission's recommendations regarding: a. Moving the post office box on Keokuk Street. b. Moving the bus shelter at K -Mart Drive and Keokuk Street. c. Scheduling a bus stop in front of K -Mart. The Commission may wish to reiterate these recommendations. DEFICIENCIES AND DISCREPANCIES 1. Revised subdividers agreement. 2. Stormwater calculations and correct laying of pipes at Highway 6/Broadway Street intersection. 3. Documentation on adequate drainage of sidewalk north of K -Mart parking lot. 4. Agreements with Southgate Develoment Co. Inc, and Colonial Park Offices regarding maintenance and acquisition of closed portions of Hollywood Boulevard. 5. Agreement between Southgate Develoment Co. Inc. and Colonial Park Offices regarding construction and cost-sharing for the one-way entrance from Broadway Street to Colonial Park Offices. RECOMMENDATIONS Based upon the above analysis, staff recommends deferral of the final subdivision plat for Lots 5A, 5B, 6, 7 and 8 of Block 1, Braverman Center, and the final LSNRD plan for Lots 4, 5B and 7 of Block 1, Braverman Center. Upon resolution of the deficiencies and discrepancies, staff recommends approval, subject to the rezoning of portions of Lots 7 and 8 from RM -12 to CC -2 and with the following recommendations. I 1. That Hollywood Boulevard right-of-way immediately north of Colonial Park Offices be vacated and disposed of to Colonial Park Offices. 2. That the remainder of the closed portions of Hollywood Boulevard be vacated and disposed of to Southgate Development Co. Inc. 3. That the applicant and the owner of Colonial Park Offices agree to the construction and design of the one-way entrance from Broadway Street to the Colonial Park Offices. ATTACHMENTS 1. Location map. 2. Pepperwood Place Agreement, 3. Letter of intent. f 5 1. Final Subdivision Plat. 2. Final LSNRD Plan. Approved by: `7'IGlILLsti 1ilc. Do rald Schmeiser, Directdr Department of Planning and Program Development / %1'3 1 3 PEPPERWOOD PLACE AGREEMENT j THIS AGREEMENT made by and between Southgate Development Company, Inc., an Iowa corporation with its principal place i of business in Iowa City, Iowa, hereinafter called "Southgate", and City of Iowa City, Iowa, a municipal corporation, herein- after called "City". WITNESSETH: i WHEREAS, Southgate has filed a Preliminary Subdivision ! - Plat, Preliminary Large Scale Non -Residential Development Plan for a commercial center to be known as Pepperwood i Place, and Rezoning Request with the City, covering part of Block 1, Braverman Center; and I ' WHEREAS, the approval of the Large Scale Non -Residential Development Plan is, by its design, contingent upon the rezoning from RM -12 to CC -2 of that portion of Lot 7, Block 1, Braverman Center, as shown on the Preliminary Subdivision j Plat presently zoned RM -12; and i WHEREAS, pursuant to Iowa Code (1985) Section 414.5, i the parties have agreed to certain conditions to such re- zoning; and WHEREAS, the parties wish to set forth their agreements as to conditions which will arise as a result of the re- j zoning. NOW, THEREFORE, in consideration of the premises and of i i j 1 the covenants hereinafter set forth, it is agreed as follows: 1. Broadway Street Agreement. The terms and con- ditions of this agreement supercede the terms and conditions of the Broadway Street Agreement, dated March 22, 1978, between Braverman Development, Inc. and the City (the "Agreement"). / 7 P3 - 2 - 2. Conditions to Building Permits. The City shall not issue any building permits for development on Lots 4, 7 and 5B of Block 1, Braverman Center until Southgate has received the consent of the Iowa Department of Transportation (IDOT), where required, to complete the following improve- ments as required hereunder: (i) The closing of Hollywood Boulevard, and (ii) Construction of a channelized intersection to connect Broadway Street with Highway 6 Bypass. 3. Broadway Street Intersection - Hollywood Boulevard Closing. Prior to the issuance of an occupancy certificate for any building on Lots 4, 7 and 5B of Block 1, Braverman Center, A. Southgate shall complete construction of the Broadway Street intersection, and the closing of Hollywood Boulevard, as required by Section 3B of the Agreement, and the terms of this agreement. B. Southgate shall close Hollywood Boulevard between the west edge of the driveway into Hollywood Boulevard from the Colonial Park Office Building property and the east lot line (extended) of property presently occupied by a branch office of the Iowa State Bank and Trust Company; and between Broadway Street and the present storm sewer inlets at the east property line of the 1902 Broadway office building. C. Southgate shall erect six inch curbs at each end of the closed portions of Hollywood Boulevard. D. Southgate shall cover the,closed portions of Hollywood Boulevard pavement with sufficient fill dirt to support the establishment'and growth of sod which Southgate / 7c3 I - 3 - shall place thereon at its sole cost and expense. Southgate further agrees that, if, in the opinion of the City Engineer, the sod has not been established by growth and maintained in that way for at least two calendar years from the date of installation, the City may require Southgate to remove the pavement and fill and seed the area so as to establish grass where the roadway presently exists. E. Southgate shall construct sidewalks alone the east side of the present K -Mart parking lot and south to connect the residentially zoned property to the south of the K -Mart site to the development. Southgate will also install a sidewalk along the south side of the drive between Broadway Street and the west line of Lot 7, Block 1, Braverman Center. The sidewalks will be located as shown on the finally approved Large Scale Non -Residential Development Plan, and will be installed in connection with, and at the time of, the installation of the parking lot required to serve the development. F. Southgate will improve the entrance and exit from the K -Mart property to Keokuk Street in accordance with the plan attached hereto as Exhibit "A". 4. Signage for K -Mart Drive. Southgate will use its best efforts to obtain consent of the tenant occupying the building on Lot 2, Block 11 Braverman Center, to the placement of appropriate signs requiring that vehicular traffic yield to pedestrians in the crosswalks so provided. 5. Taylor Drive Escrow. On the date the City shall issue the first occupancy certificate for any building on Lots 4, 7 or 5B of Block 1, Braverman Center, Southgate shall deposit $25,000.00 in escrow with the City Clerk of the City, to be used by the City or refunded to Southgate as � 7�3 I - 4 - hereinafter provided. The City shall have the right, at its sole discretion, for a period of two (2) years from the date of issuance of said first occupancy certificate, to apply all or any part of the escrowed funds for construction with respect to: (1) the improvement of the Taylor Drive intersection with Highway 6 Bypass, or, (2) the closing of the Taylor Drive intersection with Highway 6 Bypass. Any of the escrowed funds not expended by the City within the two (2) year period shall be refunded by the City to Southgate. 6. Effectiveness of This Agreement. Southgate's obligations hereunder are subject to and contingent upon approval by the City Council of the City of the requested zoning change for a portion of Lot 7, Block 1, Braverman Center, and the final approval of Southgate's Large Scale Non -Residential Development Plan for Pepperwood Place which includes the area to be rezoned. In the event the City Council of the City does not approve the requested zoning change, and/or does not approve the Large Scale Non -Residential Development Plan, this Agreement shall be null and void and no further force and effect. However, the Broadway Street Agreement shall continue in full force and effect if the requested zoning change is not approved. 7. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto, and all of the provisions hereof shall be covenants running with the land of Lots 4, 5B and 7 of Block 1, Braverman Center. Dated at Iowa City, Iowa, as of the day of , 1985. I i� I 1 FAIul veViAW tamp FAwf G \` Cwlp imV n r.,e L,QLJoQ STORE I\ o.ww.rr Ta V'�HES 6TwTL iAQM I DVYaea 1\I DCMSw" m eGti�ACY 21 I Ice W S70LD 1 f 1 pQMIwV Tp Mro5` VELA HUf 1 I 1 ulbwi I 1• 1 vranr ` 1 •1U '�11 1 � I u dl1IINGA olholwllftl EQIIYETIHD; (MGIM(qu• alLwr..... a..H lu. Cnr I.Y M48 IMu 1114H 10=1 I I i j, x x_ 1 a •�pttwa[o .rGWrLut�11L Tv r Wb% L MA(f (NTtuut I pew.eiAnwn! !� ' I. �H Lw••�I at 2 � �^'° QVAIuwG wAt 1 S rnQOW ro IMvvab 1 Y lLHl ea 715Hf UVLS 4. WIDE FAI5Fy FAIul veViAW tamp FAwf G \` Cwlp imV n r.,e L,QLJoQ STORE I\ o.ww.rr Ta V'�HES 6TwTL iAQM I DVYaea 1\I DCMSw" m eGti�ACY 21 I Ice W S70LD 1 f 1 pQMIwV Tp Mro5` VELA HUf 1 I 1 ulbwi I 1• 1 vranr ` 1 •1U '�11 1 � I u dl1IINGA olholwllftl EQIIYETIHD; (MGIM(qu• alLwr..... a..H lu. Cnr I.Y M48 IMu 1114H 10=1 I I i j, x x_ 1 a •�pttwa[o .rGWrLut�11L Tv r Wb% L MA(f (NTtuut I pew.eiAnwn! !� ' I. �H ski' fig` , a� i SOUTHGATE DEVELOPMENT 325 East Washington Street Iowa City, Iowa 52240 (319) 337.4195 September 3, 1985 Mayor John McDonald and Iowa City Council 410 East Washington Street Iowa City, IA 52240 RE: Pepperwood Place LSNRD Statement of Intent, Evidence of Ownership, Description of Development and Intended Time Schedule of Completion Dear Mayor McDonald and Members of the City Council: Southgate Development Company, Inc, intends to construct a 45,000 square foot grocery store and 55,000 square feet of general retail shops as shown on the submitted drawings. Simultaneously with this project, Southgate intends to construct certain improvements and modifications to Broadway Street, Highway 6 and Hollywood Boulevard and the adjacent Kmart property as approved by City Council, Iowa Department of Transportation and Kmart Corporation. It is our intention to begin construction in the fall of 1985 with completion In the summer of 1986. Attached are tax records showing ownership of the property. Sincerely, Ralph Stoffer, PE & LS RS:II ­�City of Iowa Clti MEMORANDUM Date: September 12, 1985 To: Planning and Zoning Commission From: Marianne Milkman, Associate Planner tr( Re: Alternative Traffic Circulation Patterns for Braverman Center Some members of the Council are very concerned with the perceived potential hazard created by traffic speeding between Keokuk and Broadway Street through the proposed shopping center and K -Mart Drive. The installation of new -design speed bumps on the Pepperwood Place Drive may alleviate this concern. One of the neighbors of the area has submitted proposals (attached) for alternative traffic circulation patterns in the area. Staff has studied these proposals and an evaluation of each is presented below: Proposal Al Advantages: 1. Direct entry to Pepperwood Place Shopping Center from Highway 6 at a signalized intersection. 2. Elimination of the perceived traffic hazard created by a "straight through" drive between Keokuk Street and Broadway Street in front of K -Mart. Disadvantages: 1. Broadway Street would remain closed at Highway 6 forcing much residen- tial traffic in the area either through the shopping center or over Sandusky Drive to Keokuk Street thus exacerbating problems at the Keokuk Street/Highway 6 intersection. 2. Confusing and circuitous routing of traffic through the Pepperwood Place Shopping Center particularly for traffic entering from Broadway Street. 3. The only access to Colonial Park offices is from Broadway Street reached either through the shopping center or via the residential area. Proposal Bl Advantages: 1. Signalized intersection at Broadway Street and Highway 6 allows Broadway to act as intended collector for the residential area to the south. / 783 ------ ---- ----- -- .--- ------ - 2 2. Appropriate traffic access for Colonial Park Offices. 3. No "straight through" drive between Keokuk Street and Broadway Street. 4. No east intersection of Hollywood and Keokuk Street. Disadvantages: 1. Encourages traffic to disperse in all directions across K -Mart parking lot to avoid two 900 turns. 2. Requires re -orientation of all K -Mart parking. 3.- Redirection of Iowa State Bank traffic not acceptable to the property owners. Proposal C Advantages: See items 1-3 for Proposal B1. Disadvantages: 1. Queuing problems would be created with right and left -turning traffic from Highway 6 onto Broadway and Hollywood. 2. Hollywood Boulevard remains open for westbound traffic between Broadway Street and Keokuk Street and exacerbates problems at the Highway 6/Keokuk Street intersection. 3. One-way entry/exit system for Pepperwood Place circuitous and confusing. 4. Traffic from south entering from Broadway mixes with truck traffic, has no access to K -Mart lot. This analysis includes the major pros and cons of each proposal. While all proposals have some advantages, the plan, as submitted, still provides the best traffic circulation patterns. /sp z t- i i maz;ro �f4AR�" fmm+.- 144. +MTz . --i=E PI.AL&I 1'611- T-14"'�).t4"l - is kOcArLuA vck;c.)Ar Kuvtw444.. . I 46w J -6 r.+ 4.¢5C IN .... ------- - ----- ---, � C RESOLUTION NO. 85_282 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 4, 58 AND 7 OF BLOCK 1, BRAVERMAN CENTER, IOWA CITY, IOWA. ) WHEREAS, the owner, Southgate Development Co., Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Non -Residential Development (LSNRD) plans for Lots 4, 5B and 7 of Block 1, Braverman Center, Iowa City, Iowa; and WHEREAS, the Department of Planning and Program Development and the Public Works Department had examined the proposed preliminary and final LSNRD plans and have recommended approval of same; and WHEREAS, the preliminary and final LSNRD plans have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, in conjunction with Ordinance No. 85-3256, rezoning a portion of Lot 7 of said LSNRD, the City of Iowa City has sigma an agreement, known as the Pepperwood Place Agreement, with the owner placing certain conditions upon said development; and WHEREAS, the preliminary and final LSNRD plans are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa, and with the conditions of the Pepperwood Place Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final LSNRD plans for Lots 4, 5B and 7 of Block 1, Braverman Center, Iowa City, Iowa, are hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the preliminary and final LSNRD plans after passage and approval by law; and the owner shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. I Resolution No. 85-282 Page 2 It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon rtFere were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER _ X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 24thday Qf September ,11985. V d .0-� MAYOR ATTEST: —4L --4,A) UVF CLERK Racalved & A pprovea By Th Legal Depa lent L 9S�r City of Iowa City MEMORANDUM Date: September 19, 1985 To: City Council From: Marianne Milkman, Associate Planner ti Re: Braverman Center Preliminary and Final LSNRD Recommendations On June 20, 1985, the Planning and Zoning Commission recommended approval of the preliminary LSNRD plan for Braverman Center with certain additional recommendations to improve traffic flow on Keokuk Street. Discussions of two of these recommendations were not completed by Council during previous meetings: 1. That the postal drop box on Keokuk Street be moved out of the street right-of-way: The U.S. Post Office has no objection to moving the drop box provided the Iowa State Bank and Trust Co. agrees. The attached letter indicates that Mr. Summerwill (President, ISB&T) is in agreement with moving the box. An alternate location has yet to be determined. 2. That the bus stop and shelter on Keokuk Street• opposite the K -Mart drive be moved to the corner of Southgate Avenue and Keokuk Street, and if possible a bus stop in front of the K -Mart store be scheduled. The Planning and Zoning Commission has recommended that in order to improve circulation and make the area safer for pedestrians, the bus shelter on Keokuk Street, which is currently directly opposite the K -Mart drive, be moved to the corner of Keokuk Street and Southgate Avenue. The Commission also recommended that a bus stop be scheduled directly in front of K -Mart. Additional agreements relating to the LSNRD: Agreements between Southgate Development Co. Inc., Colonial Park Offices and the City regarding the future vacation and disposition of portions of Hollywood Boulevard which are to be closed, as well as the maintenance of Hollywood Boulevard, are being completed, and will be discussed at the informal Council meeting on September 23, 1985. bdw3/3 iI City of lows City MEMORANDUM Date: September 19, 1985 To: City Council From: Marianne Milkman, Associate Planner rtt- Re: Braverman Center Preliminary and Final LSNRD Recommendations On June 20, 1985, the Planning and Zoning Comnission recommended approval of the preliminary LSNRD plan for Braverman Center with certain additional recommendations to improve traffic flow on Keokuk Street. Discussions of two of these recommendations were not completed by Council during previous meetings: 1. That the postal drop box on Keokuk Street be moved out of the street right-of-way. The U.S. Post Office has no objection to moving the drop box provided the Iowa State Bank and Trust Co. agrees. The attached letter indicates that Mr. Sumnierwill (President, ISBBT) is in agreement with moving the box. An alternate location has yet to be determined. 2. That the bus stop and shelter on Keokuk Street• opposite the K -Mart drive be moved to the corner of Southgate Avenue and Keokuk Street, and if possible a bus stop in front of the K -Mart store be scheduled. The Planning and Zoning Commission has recommended that in order to improve circulation and make the area safer for pedestrians, the bus shelter on Keokuk Street, which is currently directly opposite the K -Mart drive, be moved to the corner of Keokuk Street and Southgate Avenue. The Commission also recommended that a bus stop be scheduled directly in front of K -Mart. Additional agreements relating to the LSNRO: Agreements between Southgate Development Co. Inc., Colonial Park Offices and the City regarding the future vacation and disposition of portions of Hollywood Boulevard which are to be closed, as well as the maintenance of Hollywood Boulevard, are being completed, and will be discussed at the informal Council meeting on September 23, 1985. bdw3/3 / 7 u City o9 Iowa City MEMORANDUM Date: September 19, 1985 To: City Council From: Marianne Milkman, Associate Planner 1 -ft - Re: Braverman Center Preliminary and Final LSNRD Recommendations On June 20, 1985, the Planning and Zoning Commission recommended approval of the preliminary LSNRD plan for Braverman Center with certain additional recommendations to improve traffic flow on Keokuk Street. Discussions of two of these recommendations were not completed by Council during previous meetings: 1. That the postal drop box on Keokuk Street be moved out of the street right-of-way. The U.S. Post Office has no objection to moving the drop box provided the Iowa State Bank and Trust Co. agrees. The attached letter indicates that Mr. Sumnerwill (President, ISBBT) is in agreement with moving the box. An alternate location has yet to be determined. 2. That the bus stop and shelter on Keokuk Street• opposite the K -Mart drive be moved to the corner of Southgate Avenue and Keokuk Street, and if possible a bus stop in front of the K -Mart store be scheduled. The Planning and Zoning Commission has recommended that in order to improve circulation and make the area safer for pedestrians, the bus shelter on Keokuk Street, which is currently directly opposite the K -Mart drive, be moved to the corner of Keokuk Street and Southgate Avenue. The Commission also recommended that a bus stop be scheduled directly in front of K -Mart. Additional agreements relating to the LSNRD: Agreements between Southgate Development Co. Inc., Colonial Park Offices and the City regarding the future vacation and disposition of portions of Hollywood Boulevard which are to be closed, as well as the maintenance of Hollywood Boulevard, are being completed, and will be discussed at the informal council meeting on September 23, 1985. bdw3/3 / 7o� j0IOWA $TATE BANKS( TRUST COMPAMY IO2 S. CLINTON STREET P.O. BOX 1700 IOWA CITY, IOWA 522¢4 (319) 356-5800 June 21, 1905 Cheryl Wernimont Customer Service Manager United States Post Office Iowa City, IA 52240 Dear Ms. Wernimont: Please be advised that we are in agreement with the Planning and Zoning Commission of Iowa City that the postal station on Keokuk Street by the Iowa State Bank property should be moved in order to facilitate traffic flow. If you have any further questions regarding this matter, please do not hesitate to contact me. Very true W. Ric and Summerwill Pr si ent WR :DSD cc• arianne Milkman Department of Planning E Program Development City of Iowa City RESOLUTION! NO. 8S-283 RESOLUTION APPROVING AN AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR NATIONAL COMPUTER SYSTEMS, INC., LOCATED AT 2510 NORTH DODGE STREET. WHEREAS, the owner, National Computer Systems, Inc., has filed with the City Clerk of Iowa City, an application for approval of an amended preliminary and final Large Scale Non -Residential Development plan for National Computer Systems, Inc.; and WHEREAS, the original Large Scale Non -Residential Development of the former owner, Westinghouse Learning Corporation, was approved by Resolu- tion 73-231; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary and final Large Scale Non -Residential Development plan for expansion of the existing facilities, and have recommended approval of same, subject to an agreement on the future dedication of right-of-way for a road to provide access to the property to the west of the subject property, which agreement is attached as Exhibit B to this resolution and hereby made a part thereof; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Development plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Development plan is found to conform with all of the pertinent require- ments of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended preliminary and final Large Scale Non -Residential Development plan of National Computer Systems, Inc. is hereby approved subject to the conditions of the attached agreement, Exhibit B. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby author- ized and directed to certify the approval of this resolution and of said plan after passage and approval by law; and the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is author- ized. 17P5 i l It was moved by Baker and seconded by Zuber the Resolu- tion be adopted, and upon roll c 1 there were: AYES: NAYS: ABSENT: AMBRISCO �- BAKER x DICKSON X ERDAHL x_ MCDONALD X STRAIT X ZUBER Passed and approved this 24thday of September, 1985. OR ATTEST: 7e 2L41 Received g p. , BY 7h2 l�9al Oe�artmeni � II � �r s __ _ _ _ _ _ . _ .-- __._-- - - EXHIBIT B AGREEMENT This Agreement is made and entered into as of the 24th day of September, 1985, by and between the City of Iowa City, Iowa (City Fa municipality, and National Computer Systems, Inc. (NCS), a Minnesota corporation authorized to do business in the state of Iowa, located at 2510 North Dodge Street, P.O. Box 30, Iowa City, Iowa 52244. WHEREAS, NCS has applied to the City for approval of a Large Scale Non -Residential Development (LSNRD) plan for its property, which is described in the Legal Description on Exhibit A, which is attached hereto (hereinafter referred to as "the NCS Property"); and WHEREAS, although such a street is not needed at this time, in order to assure orderly development in the area, the City is requiring as a condition to plan approval that provision be made for the future negotiation of the specific location of a street across the NCS Property to allow access from Iowa Highway 1 to properties located west of the NCS Property; and WHEREAS, the City requires that NCS assure the integrity of the stormwater management area located upon the NCS Property. NOW, THEREFORE, in consideration of the premises and the promises and agreements contained herein, the parties hereto agree as follows: 1. The parties agree that, at such time as it becomes necessary, as deter- mined by the City Council of the City, they shall negotiate the specific location of a street across NCS' property to provide access from Iowa Highway 1 to property located west of the NCS property. 2. NCS agrees, as a covenant running with the NCS Property, that it will not erect or construct any building or other structure, or drill or operate any well, or construct any obstruction, or diminish or substantially add to the ground cover in the area shown as "Stormwater Management Area" on Exhibit A hereto. This covenant may be released .by the City Council of the City if it approves relocation of the stormwater management facility on the NCS Property. 3. This Agreement shall become effective upon final approval by the City of NCS' LSNRD plan. 4. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. Ci of Iowa City, Iowa i By ayor A test: X.��� - C1ercK Recclved & Approved By 111110 1nig1 gDOpmhnenl National Computer Systems, Inc. I es /fir:, ue r si ent Attest: ir�A x• ar c wa , Assistant Secretary 1715- E 71s 0 I 2 State of Iowa ) ) SS: Johnson County ) On this 24th day of Se tember 1985 s before me, the under- signed, a 17Hairy Public to an or sat ounty, to said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. /3 -TT_ s 1 Notary Publict4n and for Johnson -County, Iowa STATE OF IOWA ) JOHNSON COUNTY ) SS On this SQ day of September, 1985, before me, the undersigned, a Notary Public, personally appeared Jay V. Clark and Richard J. Schwab, to me personally known, who being by me duly sworn, did say that they are the Vice President and Assistant Secretary, respectively, of said corporation; that the seal affixed to said instrument is the seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors, and the said Jay V. Clark and Richard J. Schwab acknowledged the execution of said instrument to be the voluntary act of said corporation, by it voluntarily executed. My commission expires *Orydpu c Rocclved & Approved By The Legal Def�ad+nent c,_.__ r _ /?ps ME r- -R - STAFF REPORT To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: S-8519. National Computer Systems, Inc. Date: September 19, 1985 Amended Preliminary & Final LSNRD Plan GENERAL INFORMATION Applicant - Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: National Computer Systems, Inc. P.O. Box 30 Iowa City, Iowa 52244 Approval of an amended prelimi- nary and final Large Scale Non -Residential Development Plan. To expand existing facilities. 2510 North Dodge Street (west of Highway 1, north of I-80). Expansion: 21,250 square feet rossTotal Development:f1oo50�1 acres. Office research park. Office/research; ORP, CH -1. North - undeveloped, agricul- tural; County A-1. East - office, motel; CH -1, CO -1, ID -ORP. South - I-80, motel, office; CH -1, CO -1. West - agricultural; ID -ORP. Provisions of the LSNRD ordi- nance and the Zoning and Storm Water Management ordinances. October 21, 1985 Sanitary sewer and water services are available. Police and fire services are available; sanitation service is provided by a private hauler. Transportation: Physical characteristics: ANALYSIS Access is from Highway 1 north of I-80. Hilly terrain with some wooded and marshy areas; includes a portion of Rapid Creek. National Computer Systems, Inc. (NCS) is requesting approval of an amendment to the existing preliminary and final LSNRD plan approved in March 1985. At that time NCS added approximately 13,000 square feet of floor area in five temporary buildings. The current plan will add 21,250 square feet gross floor area in a permanent structure at the rear of the existing building. The new building will accommodate computer equipment and data processing and printing activi- ties. NCS plans to vacate and remove the temporary structures by September 1, 1986. Since the proposed expansion is more than 10% of the existing floor area, the applicant is required to comply with the tree planting regulations along the street right-of-way. However, according to the plans there is a 20 foot utility easement along the property frontage with the I-80 ramp. Although there are some existing trees in this easement area, the City Engineer has determined that trees should not be planted in a utility easement since they restrict access to the utilities and may cause complications with the utility lines. Therefore, trees cannot be planted on the applicant's property in conformity with the tree regulations requiring that right-of-way trees be within 14 feet (large) or 8 feet (small) of the right-of-way line. For city -owned right-of-way, trees may be planted in the right-of-way with the permission of the City Forester. The right-of-way in question is state-owned rather than city -owned. The applicant should request permission from the Iowa Department of Transportation (IDOT) to plant trees in the right-of-way near the property line. If IDOT does not permit such planting, no right-of-way trees will be required. Additional parking areas must also comply with the City's regulations for design of parking areas and with the tree regulations. Compliance with the Storm Water Management Ordinance was deferred at the time of approval of the temporary structures until the construction of a permanent addition. The LSNRD plan submitted conforms with all the applicable regula- tions of the Storm Water Management Ordinance and the Zoning Ordinance. One other issue for consideration is access to the property immediately west of the NCS property. A 50 foot street right-of-way along the south property line to provide such access, was recommended by the Planning and Zoning Commission in 1970. However, this right-of-way was not included in the Council -approved LSNRD plan at that time. Currently, there is an informal agreement between NCS and the property owner to the west (John Grolmus et a1) which permits access across the NCS parking lot to a gravel drive leading to the Grolmus property. More recently, at the time of discussions relating to the lift station serving NCS and properties east of Highway 1, general discussions included a proposed 60 foot access easement to the Grolmus property adjacent to the northern NCS property line. This proposed access easement, shown on the amended LSNRD plan, is largely in the Rapid Creek floodway. The Iowa Department of Water, Air and 1715- 3 Waste Management (IDWAWM) in general does not permit any fill or construction in the floodway. A road could therefore not be constructed at the proposed location. The City and NCS recognize the need to resolve the problem of an appropriate location for a road. NCS wishes to study the effect of alternative locations for the road on its future development plans. RECOMMENDATION Staff recommends deferral of the amended preliminary and final Large Scale Non -Residential Development plan for National Computer Systems; upon resolution of the deficiencies and discrepancies noted below, staff recommends approval of the amended LSNRD. DEFICIENCIES AND DISCREPANCIES 1. Floodway and 100 -year floodplain of Rapid Creek not shown. 2. Future road right-of-way must be located out of floodway. 3. Agreement providing for the future dedication of right-of-way is needed. ATTACHMENTS 1. Location map 2. Letter of intent. ACCOMPANIMENTS Preliminary and final LSNRD plan. Approved by: 96 o a c meiser, Director D partment of Planning and Program Development I I j 1 �I _I I- i i N LOCATION MAPMAP Applicant: 1v G s Application No.t 5-8514 i �m September 4, 1985 City of Iowa City 410 East Washington Iowa City, Iowa 52240 Attention: Mr. Donald Schmeiser Director of Planning and Program Development Commission Dear Mr. Schmeiser: r F I L E D U" SEP 4 19d5 MARIAN K. KARR CITY CLERK (1) Re: Final Large Scale Non -Residential Development Plan National Computer Systems Iowa City, Iowa As required by the Iowa City ordinances, this letter is to serve as a statement of intent of the final Large Scale Non -Residential Development for National Computer Systems of Iowa City, Iowa. OWNERSHIP National Computer Systems is the Owner of the property. DESCRIPTION OF PROPOSED DEVELOPMENT The proposed development is an expansion of an existing facility to accommodate computer equipment and data processing and printing activities. The building expansion includes a gross floor area of 21,250 square feet. The building expansion when completed will also eliminate the need for the temporary modular units. Vacation of these temporary units will commence as soon as the building addition is ready for occupancy. An additional 45 parking spaces will also be constructed. INTENDED TIME SCHEDULE FOR COMPLETION OF DEVELOPMENT The following is an intended time schedule for the proposed development: Begin Building Construction: September 25, 1985 Building Occupancy: February, 1986 Vacate Modular Office Structures: September 1, 1986 CERTIFICATE OF IMPROVEMENTS National Computer Systems is in agreement with building and parking lot improvements as shown on the Shive-Hattery Engineers drawing for final Large Scale Non -Residential Development plan and intends to install same in accordance /70- i City of Iowa City September 4, 1985 Page 2 with said plan. The proposed parking lot expansion is in accordance with the j number of parking spaces required by City Ordinance and provide an excess of required spaces. FUNCTION j The proposed additions will function in accordance with descriptive designations. I Respectfully submitted, FOR NATIONAL COMPUTER SYSTEMS c E. David J. El jff, P�� DJE:dh Project Engineer cc: Lyle Amundson 1 / %er n I STAFF REPORT To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: 5-8519. National Computer Systems, Inc. Date: September 19, 1985 Amended Preliminary & Final LSNRD Plan GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: a Iona Computer Systems, Inc. P.O. Box 30 Iowa City, Iowa 52244 Approval of an amended prelimi- nary and final Large Scale Non -Residential Development Plan. To expand existing facilities. 2510 North Dodge Street (west of Highway 1, north of I-80). Expansion: 21,250 square feet gross floor area. Total Development:, 50.1 acres. Office research park. Office/research; ORP, CH -1. North - undeveloped, agricul- tural; County A-1. East - office, motel; CH -1, CO -1, ID -ORP. South - I-80, motel, office; CH -1, CO -1. West - agricultural; ID -ORP. Provisions of the LSNRD ordi- nance and the Zoning and Storm Water Management ordinances. October 21, 1985 Sanitary sewer and water services are available. Police and fire services are available; sanitation service is provided by a private hauler. Transportation: Access is from Highway 1 north of I-80. Physical characteristics: Hilly terrain with some wooded and marshy areas; includes a portion of Rapid Creek. ANALYSIS National Computer Systems, Inc. (NCS) is requesting approval of an amendment to the existing preliminary and final LSNRD plan approved in March 1985. At that time NCS added approximately 13,000 square feet of floor area in five temporary buildings. The current plan will add 21,250 square feet gross floor area in a permanent structure at the rear of the existing building. The new building will accommodate computer equipment and data processing and printing activi- ties. NCS plans to vacate and remove the temporary structures by September 1, 1986. Since the proposed expansion is more than 10% of the existing floor area, the applicant is required to comply with the tree planting regulations along the street right-of-way. However, according to the plans there is a 20 foot utility easement along the property frontage with the I-80 ramp. Although there are some existing trees in this easement area, the City Engineer has determined that trees should not be planted in a utility easement since they restrict access to the utilities and may cause complications with the utility lines. Therefore, trees cannot be planted on the applicant's property in conformity with the tree regulations requiring that right-of-way trees be within 14 feet (large) or 8 feet (small) of the right-of-way line. For city -owned right-of-way, trees may be planted in the right-of-way with the permission of the City Forester. The right-of-way in question is state-owned rather than city -owned. The applicant should request permission from the Iowa Department of Transportation (IDOT) to plant trees in the right-of-way near the property line. If IDOT does not permit such planting, no right-of-way trees will be required. Additional parking areas must also comply with the City's regulations for design of parking areas and with the tree regulations. Compliance with the Storm Water Management Ordinance was deferred at the time of approval of the temporary structures until the construction of a permanent addition. The LSNRD plan submitted conforms with all the applicable regula- tions of the Storm Water Management Ordinance and the Zoning Ordinance. One other issue for consideration is access to the property immediately west of the NCS property. A 50 foot street right-of-way along the south property line to provide such access, was recommended by the Planning and Zoning Commission in 1970. However, this right-of-way was not included in the Council -approved LSNRD plan at that time. Currently, there is an informal agreement between NCS and the property owner to the west (John Grolmus et al) which permits access across the NCS parking lot to a gravel drive leading to the Grolmus property. More recently, at the time of discussions relating to the lift station serving NCS and properties east of Highway 1, general discussions included a proposed 60 foot access easement to the Grolmus property adjacent to the northern NCS property line. This proposed access easement, shown on the amended LSNRD plan, is largely in the Rapid Creek floodway. The Iowa Department of Water, Air and 3 Waste Management (IDWAWM) in general does not permit any fill or construction in the floodway. A road could therefore not be constructed at the proposed location. The City and NCS recognize the need to resolve the problem of an appropriate location for a road. NCS wishes to study the effect of alternative locations for the road on its future development plans. Staff recommends deferral of the amended preliminary and final Large Scale Non -Residential Development plan for National Computer Systems; upon resolution of the deficiencies and discrepancies noted below, staff recommends approval of the amended LSNRD. DEFICIENCIES AND DISCREPANCIES 1. Floodway and 100 -year floodplain of Rapid Creek not shown. 2. Future road right-of-way must be located out of floodway. 3. Agreement providing for the future dedication of right-of-way is needed. ATTACHMENTS 1. Location map 2. Letter of intent. ACCOMPANIMENTS Preliminary and final LSNRD plan. Approved by: 'o -am, UoAala SCnmelser, uirector D partment of Planning and Program Development N LOCATION MAP Applicants w G 5 Application No.t 5-8514 September 4, 1985 SLED SEP 4 1945 MARIAN K. KARR CITY CLERK (1) City of Iowa City Re: Final Large Scale 410 East Washington Non -Residential Development Iowa City, Iowa 52240 Plan National Computer Systems Iowa City, Iowa Attention: Mr. Donald Schmeiser Director of Planning and Program Development Commission Dear Mr. Schmeiser: As required by the Iowa City ordinances, this letter is to serve as a statement of intent of the final Large Scale Non -Residential Development for National Computer Systems of Iowa City, Iowa. OWNERSHIP National Computer Systems is the Owner of the property. DESCRIPTION OF PROPOSED DEVELOPMENT The proposed development is an expansion of an existing facility to accommodate computer equipment and data processing and printing activities. The building expansion includes a gross floor area of 21,250 square feet. The building expansion when completed will also eliminate the need for the temporary modular units. Vacation of these temporary units will commence as soon as the building addition is ready for occupancy. An additional 45 parking spaces will also be constructed. INTENDED TIME SCHEDULE FOR COMPLETION OF DEVELOPMENT The following is an intended time schedule for the proposed development: Begin Building Construction: September 25, 1985 Building Occupancy: February, 1986 Vacate Modular Office Structures: September 1, 1986 CERTIFICATE OF IMPROVEMENTS National Computer Systems is in agreement with building and parking lot improvements as shown on the Shive-Hattery Engineers drawing for final Large Scale Non -Residential Development plan and intends to install same in accordance 78•s e I City of Iowa City September 4, 1985 Page 2 with said plan. The proposed parking lot expansion is in accordance with the number of parking spaces required by City Ordinance and provide an excess of required spaces. FUNCTION The proposed additions will function in accordance with descriptive designations. Respectfully submitted, FOR NATIONAL COMPUTER SYSTEMS David J. E1 DJE:dh Project Engineer cc: Lyle Amundson / ABs i I �i i STAFF REPORT To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: S-8519. National Computer Systems, Inc. Date: September 19, 1985 Amended Preliminary & Final LSNRD Plan GENERAL INFORMATION Applicant: National Computer Systems Inc. Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: P.O. Box 30 Iowa City, Iowa 52244 Approval of an amended prelimi- nary and final Large Scale Non -Residential Development Plan. To expand existing facilities. 2510 North Dodge Street (west of Highway 1, north of I-80). Expansion: 21,250 square feet gross floor area. Total Development: 50.1 acres. Office research park. Office/research; ORP, CH -1. North - undeveloped, agricul- tural; County A-1. East - office, motel; CH -1, CO -1, ID -ORP. South - I-80, motel, office; CH -1, CO -1. West - agricultural; ID -ORP. Provisions of the LSNRD ordi- nance and the Zoning and Storm Water Management ordinances. October 21, 1985 Sanitary sewer and water services are available. Police and fire services are available; sanitation service is provided by a private hauler. i U �7U5 M —.__. _. _ _. __ __ .r-- �A Transportation: Access is from Highway 1 north of I-80. Physical characteristics: Hilly terrain with some wooded and marshy areas; includes a portion of Rapid Creek. ANALYSIS National Computer Systems, Inc. (NCS) is requesting approval of an amendment to the existing preliminary and final LSNRD plan approved in March 1985. At that time NCS added approximately 13,000 square feet of floor area in five temporary buildings. 'The current plan will add 21,250 square feet gross floor area in a permanent structure at the rear of the existing building. The new building will accommodate computer equipment and data processing and printing activi- ties. NCS plans to vacate and remove the temporary structures by September 1, 1986. Since the proposed expansion is more than 10% of the existing floor area, the applicant is required to comply with the tree planting regulations along the street right-of-way. However, according to the plans there is a 20 foot utility easement along the property frontage with the I-80 ramp. Although there are some existing trees in this easement area, the City Engineer has determined that trees should not be planted in a utility easement since they restrict access to the utilities and may cause complications with the utility lines. Therefore, trees cannot be planted on the applicant's property in conformity with the tree regulations requiring that right-of-way trees be within 14 feet (large) or 8 feet (small) of the right-of-way line. For city -owned right-of-way, trees may be planted in the right-of-way with the permission of the City Forester. The right-of-way in question is state-owned rather than city -owned. The applicant should request permission from the Iowa Department of Transportation (IDOT) to plant trees in the right-of-way near the property line. If IDOT does not permit such planting, no right-of-way trees will be required. Additional parking areas must also comply with the City's regulations for design of parking areas and with the tree regulations. Compliance with the Storm Water Management Ordinance was deferred at the time of approval of the temporary structures until the construction of a permanent addition. The LSNRD plan submitted conforms with all the applicable regula- tions of the Storm Water Management Ordinance and the Zoning 'Ordinance. One other issue for consideration is access to the property immediately west of the NCS property. A So foot street right-of-way along the south property line to provide such access, was recommended by the Planning and Zoning Commission in 1970. However, this right-of-way was not included in the Council -approved LSNRD plan at that time. Currently, there is an informal agreement between NCS and the property owner to the west (John Grolmus et al) which permits access across the NCS parking lot to a gravel drive leading to the Grolmus property. More recently, at the time of discussions relating to the lift station serving NCS and properties east of Highway 1, general discussions included a proposed 60 foot access easement to the Grolmus property adjacent to the northern NCS property line. This proposed access easement, shown on the amended LSNRD plan, is largely in the Rapid Creek floodway. The Iowa Department of Water, Air and 7005- 3 Waste Management (IDWAWM) in general does not permit any fill or construction in the floodway. A road could therefore not be constructed at the proposed location. The City and NCS recognize the need to resolve the problem of an appropriate location for a road. NCS wishes to study the effect of alternative locations for the road on its future development plans. RECOMMENDATION Staff recommends deferral of the amended preliminary and final Large Scale Non -Residential Development plan for National Computer Systems; upon resolution of the deficiencies and discrepancies noted below, staff recommends approval of the amended LSNRD. DEFICIENCIES AND DISCREPANCIES 1. Floodway and 100 -year floodplain of Rapid Creek not shown. 2. Future road right-of-way must be located out of floodway. 3. Agreement providing for the future dedication of right-of-way is needed. ATTACHMENTS 1. Location map 2. Letter of intent. ACCOMPANIMENTS Preliminary and final LSNRD plan. Approved by:*partment � f� me ser, irec off` of Planning and Program Development N LOCATION MAP Applicants w G 5 Application No., 5-8514 September 4, 1985 2 1 L E D IIT SEP 4 1985 MARIAN K. KARR CITY CLERK (1) yooA'". i1o, City of Iowa City Re: Final Large Scale 410 East Washington Non -Residential Development Iowa City, Iowa 52240 Plan National Computer Systems Attention: Mr. Donald Schmeiser Iowa City, Iowa Director of Planning and Program Development Commission Dear Mr. Schmeiser: As required by the Iowa City ordinances, this letter is to serve as a statement of intent of the final Large Scale Non -Residential Development for National Computer Systems of Iowa City, Iowa. OWNERSHIP National Computer Systems is the Owner of the property. DESCRIPTION OF PROPOSED DEVELOPMENT The proposed development is an expansion of an existing facility to accommodate computer equipment and data processing and printing activities. The building expansion includes a gross floor area of 21,250 square feet. The building expansion when completed will also eliminate the need for the temporary modular units. Vacation of these temporary units will commence as soon as the building addition is ready for occupancy. An additional 45 parking spaces will also be constructed. INTENDED TIME SCHEDULE FOR COMPLETION OF DEVELOPMENT The following is an intended time schedule for the proposed development: Begin Building Construction: September 25, 1985 Building Occupancy: February, 1986 Vacate Modular Office Structures: September 1, 1986 CERTIFICATE OF IMPROVEMENTS National Computer Systems is in agreement with building and parking lot improvements as shown on the Shive-Hattery Engineers drawing for final Large Scale Non -Residential Development plan and intends to install same in accordance I 1 /1 City of Iowa City September 4, 1985 Page 2 with said plan. The proposed parking lot expansion is in accordance with the number of parking spaces required by City Ordinance and provide an excess of required spaces. FUNCTION The proposed additions will function in accordance with descriptive designations. Respectfully submitted, FOR NATIONAL COMPUTER SYSTEMS David J. E1 jff, P� DJE:dh Project Engineer cc: Lyle Amundson RESOLUTION NO. 85-284 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF HOLLOWAY_. SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners of Holloway Estate, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Holloway Subdivision; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two-mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats and have recommended approval of same; and WHEREAS, the preliminary and final plats have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with all of the pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final plats of Holloway Subdivision are hereby approved, and installation of stormwater detention facilities is deferred, subject to the property owners agreeing that the City has the right to review the need for stormwater retention basins upon the occurrence of one of the following events: a. A resubdivision of any lot within the subdivision; b. The passing of 15 years from the date of final approval of the plat by the City; or c. Annexation of the subdivision by the City. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the preliminary and final plats after passage and approval by law and that the owner/subdivider shall record them at the office of the County Recorder of Johnson County, Iowa. It was moved by Dickson and seconded by Erdahl the Resolution be a op a ,and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker j X Dickson X Erdahl X McDonald X Strait i X Zuber I /716 i Resolution No. 85-284 Page 2 Passed and approved this 24th day of September 1985. ATTEST: �N .CLE�RK..% X o� CI Recoived 8 Approved 6y The :gal DeNa n� Y �9 1784 STAFF REPORT To: Planning & Zoning Commission Prepared by: Barry Beagle Item: S-8513 & S-8517 Holloway Subdivision Date: August 23, 1985 GENERAL INFORMATION Applicants: Celeste Holloway Route 2, Box 221 Iowa City, Iowa 52240 Larry & Lynette Kleinmeyer Route 2, Box 215 Iowa City, Iowa 52240 1 Dave & Alicia Kienzle 2525 Mayfield Road Iowa City, Iowa 52240 Requested action: i Preliminary and final plat approval. Purpose: To establish a three -lot residen- tial subdivision. Location: Southeast corner of Rapid Creek 3 Road and a county road approxi- mately one-half mile east of Highway 1. Site Size: 47.5 acres Existing land use and zoning: Agriculture; RS. i Existing improvements: Farmstead and accessory agricul- tural buildings with access off of the county road and a second residence located off of Rapid Creek Road. Surrounding land use and zoning: North - Agricultural; A-1. South - Residential (Newport Park); RS. East - Agricultural; A-1. West - Residential (Lyn -Den Heights); RS. Fringe area: Area 4. Applicable regulations: Provisions of the subdivision ordinance, City rural design standards, and storm water management ordinance. 2 45 -day limitation period: September 16, 1985. SPECIAL INFORMATION Public utilities: Public utilities are not pres- ently available. Individual septic systems will be provided for sewage disposal. Water service will be provided by individual wells. Public services: Police protection to be provided by Johnson County. Fire protec- tion to be provided by West Branch. Transportation: Vehicular access to be provided by Rapid Creek Road and a two-lane county gravel road. I Topography: Topographically, the site is moderately sloping to steep draining to the north-northeast. Approximately one-third of the site is forested and a half in pasture. STAFF ANALYSIS The applicant is proposing the subdivision of a 47.5 acre tract into three (3) residential lots varying in size from 10.6 acres to 21.1 acres. The proposed subdivision is approximately one-eighth mile north of the current city limits of Iowa City and adjacent to two other rural county subdivisions. According to the December 22, 1983, Fringe Area Policy Agreement, "no annexation of this area is anticipated in the three year time period." As proposed, the original farmstead will be located on what will be Lot 1 and a second existing residence will be located on Lot 2. What will be Lot 3, is presently vacant, but a third residence is to be constructed upon it as identified on the preliminary plat. No internal streets are proposed with each lot fronting on an existing public county road. Storm water management has not been waived for any development within the Rapid Creek Watershed. With respect to the two adjacent developments, Lyn -Den Heights Subdivision, Part Two and Newport Park Subdivision, the City Council as a party permitted the construction of the storm water retention basins shown on said plats to be delayed, provided the owner agrees that the City has the right to review the installation of such storm water retention basin(s) upon the occurrence of one of the following events: 7410 I I I i 3 1. A resubdivision of any lot within the subdivision; 2. The passing of 15 years from the date of final approval of the plat by the City; or 3. Annexation of the subdivision by the City. STAFF RECOMMENDATION It is staff's recommendation that consideration of the preliminary and final plats be deferred pending revision of the following deficiencies and discrep- ancies noted below. Upon revision of these items, staff recommends approval of the subject plats. i DEFICIENCIES AND DISCREPANCIES 1. The submission of the required legal papers, including the provisions for storm water management or the deferral thereof. 2. The plat be revised in compliance with the Storm Water Management Ordinance identifying the location of all basins and easements. j 3. The submission of storm water basin calculations with volume requirements and construction plans. 4. Identify the right-of-way width of Rapid Creek Road on the plats. 0 5. Identify the point of access of the private drive to serve Lot 3 and } indicate culvert size. !} 6. Identify dimensions of all existing buildings on the preliminary plat. 7. Correct the dates on the bottom of the first page of the final plat from 4-4-82 to 4-4-85. 8. The submission of a letter from the developer's engineer establishing a I fire rating for the area and a letter of transmittal from the fire j protection district, i 9. Delete signature block for Heritage Cable from final plat. 10. That provision be made for future dedication of the east 33 feet of a I county road right-of-way and south 33 feet of Rapid Creek Road right- of-way as public streets. ATTACHMENTS I 1. Location map. 2. Preliminary plat. 3. Final plat. Approved by: onald Schme ser, Director Department of Planning and Program Development /70d I STAFF REPORT To: Planning & Zoning Commission Prepared by: Barry Beagle Item: S-8513 & S-8517 Holloway Subdivision Date: August 23, 1985 GENERAL INFORMATION Applicants: Celeste Holloway Requested action: Purpose: Location: Site Size: Existing land use and zoning: Existing improvements: Surrounding land use and zoning: Fringe area: Applicable regulations: Route 2, Box 221 Iowa City, Iowa 52240 Larry & Lynette Kleinmeyer Route 2, Box 215 Iowa City, Iowa 52240 Dave & Alicia Kienzle 2525 Mayfield Road Iowa City, Iowa 52240 Preliminary and final plat approval. To establish a three -lot residen- tial subdivision. Southeast corner of Rapid Creek Road and a county road approxi- mately one-half mile east of Highway 1. 47.5 acres Agriculture; RS. Farmstead and accessory agricul- tural buildings with access off of the county road and a second residence located off of Rapid Creek Road. North - Agricultural; A-1. South - Residential (Newport Park)• RS. East - Agricultural; A-1. west - Residential (Lyn -Den Heights); RS. Area 4. Provisions of the subdivision ordinance, City rural design A form water standards, an s management ordinance. i ! /job 2 45 -day limitation period: SPECIAL INFORNATION Public utilities: Public services: Transportation: Topography: STAFF ANALYSIS September 16, 1985. Public utilities are not pres- ently available. Individual septic systems will be provided forsewage disposal. Water service will be provided by individual wells. Police protection to be provided by Johnson County. Fire protec- tion to be provided by West Branch. Vehicular access to be provided by Rapid Creek Road and a two-lane county gravel road. Topographically, the site is moderately sloping to steep draining to the north-northeast. Approximately one-third of the site is forested and a half in pasture. The applicant is proposing the subdivision of a 47.5 acre tract into three (3) residential lots varying in size from 10.6 acres to 21.1 acres. The proposed subdivision is approximately one-eighth mile north of the current city limits of Iowa City and adjacent to two other rural county subdivisions. According to the December 22, 1983, Fringe Area Policy Agreement, "no annexation of this area is anticipated in the three year time period." As proposed, the original farmstead will be located on what will be Lot 1 and a second existing residence will be located on Lot 2. What will be Lot 3, is presently vacant, but a third residence is to be constructed upon it as identified on the preliminary plat. No internal streets are proposed with each lot fronting on an existing public county road. Storm water management has not been waived for any development within the Rapid Creek Watershed. With respect to the two adjacent developments, Lyn -Den Heights Subdivision, Part Two and Newport Park Subdivision, the City Council as a party permitted the construction of the storm water retention basins shown on said plats to be delayed, provided the owner agrees that the City has the right to review the installation of such storm water retention basin(s) upon the occurrence of one of the following events: �7J% i 3 1. A resubdivision of any lot within the subdivision; 2. The passing of 15 years from the date of final approval of the plat by the City; or 3. Annexation of the subdivision by the City. STAFF RECOMMENDATION It is staff's recommendation that consideration of the preliminary and final plats be deferred pending revision of the following deficiencies and discrep- ancies noted below. Upon revision of these items, staff recommends approval of the subject plats. DEFICIENCIESAND DISCREPANCIES 1. The submission of the required legal papers, including the provisions for storm water management or the deferral thereof. 2. The plat be revised in compliance with the Storm Water Management Ordinance identifying the location of all basins and easements. 3. The submission of storm water basin calculations with volume requirements and construction plans. 4. Identify the right-of-way width of Rapid Creek Road on the plats. 5. Identify the point of access of the private drive to serve Lot 3 and indicate culvert size. 6. Identify dimensions of all existing buildings on the preliminary plat. 7. Correct the dates on the bottom of the first page of the final plat from 4-4-82 to 4-4-85. 8. The submission of a letter from the developer's engineer establishing a fire rating for the area. and a letter of transmittal from the fire protection district. 9. Delete signature block for Heritage Cable from final plat. 10. That provision be made for future dedication of the east 33 feet of a county road right-of-way and south 33 feet of Rapid Creek Road right- of-way as public streets. ATTACHMENTS 1. Location map. 2. Preliminary plat. 3. Final plat. Approved by: I Dona d �chme ser, D rec or `— Department of Planning and Program Development 1719 a STAFF REPORT To: Planning & Zoning Commission Prepared by: Barry Beagle Item: S-8513 & S-8517 Holloway Subdivision Date: August 23, 1985 GENERAL INFORMATION Applicants: Celeste Holloway Requested action: Purpose: Location: Site Size: Existing land use and zoning: Existing improvements: Surrounding land use and zoning: Fringe area: Applicable regulations: Route 2, Box 221 Iowa City, Iowa 52240 Larry & Lynette Kleinmeyer Route 2, Box 215 Iowa City, Iowa 52240 Dave & Alicia Kienzle 2525 Mayfield Road Iowa City, Iowa 52240 Preliminary and final plat approval. To establish a three -lot residen- tial subdivision. Southeast corner of Rapid Creek Road and a county road approxi- mately one-half mile east of Highway 1. 47.5 acres Agriculture; RS. Farmstead and accessory agricul- tural buildings with access off of the county road and a second residence located off of Rapid Creek Road. North - Agricultural; A-1. South - Residential (Newport Park)• RS. East - Agricultural; A-1. West - Residential (Lyn -Den Heights); RS. Area 4. Provisions of the subdivision ordinance, City rural design standards, and storm water management ordinance. 1714 2 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Topography: STAFF ANALYSIS September 16, 1985. Public utilities are not pres- ently available. Individual septic systems will be provided for sewage disposal. Water service will be provided by individual wells. Police protection to be provided by Johnson County. Fire protec- tion to be provided by West Branch. Vehicular access to be provided by Rapid Creek Road and a two-lane county gravel road. Topographically, the site is moderately sloping to steep draining to the north-northeast. Approximately one-third of the site is forested and a half in pasture. The applicant is proposing the subdivision of a 47.5 acre tract into three (3) residential lots varying in size from 10.6 acres to 21.1 acres. The proposed subdivision is approximately one-eighth mile north of the current city limits of Iowa City and adjacent to two other rural county subdivisions. According to the December 22, 1983, Fringe Area Policy Agreement, "no annexation of this area is anticipated in the three year time period." As proposed, the original farmstead will be located on what will be Lot 1 and a second existing residence will be located on Lot 2. What will be Lot 3, is presently vacant, but a third residence is to be constructed upon it as identified on the preliminary plat. No internal streets are proposed with each lot fronting on an existing public county road. Storm water management has not been waived for any development within the Rapid Creek Watershed. With respect to the two adjacent developments, Lyn -Oen Heights Subdivision, Part Two and Newport Park Subdivision, the City Council as a party permitted the construction of the storm water retention basins shown on said plats to be delayed, provided the owner agrees that the City has the right to review the installation of such storm water retention basin(s) upon the occurrence of one of the following events: 3 1. A resubdivision of any lot within the subdivision; 2. The passing of 15 years from the date of final approval of the plat by the City; or 3. Annexation of the subdivision by the City. STAFF RECOMMENDATION It is staff's recommendation that consideration of the preliminary and final plats be deferred pending revision of the following deficiencies and discrep- ancies noted below. Upon revision of these items, staff recommends approval of the subject plats. DEFICIENCIESAND DISCREPANCIES 1. The submission of the required legal papers, including the provisions for storm water management or the deferral thereof. 2. The plat be revised in compliance with the Storm Water Management Ordinance identifying the location of all basins and easements. 3. The submission of storm water basin calculations with volume requirements and construction plans. 4. Identify the right-of-way width of Rapid Creek Road on the plats. 5. Identify the point of access of the private drive to serve Lot 3 and indicate culvert size. 6. Identify dimensions of all existing buildings on the preliminary plat. 7. Correct the dates on the bottom of the first page of the final plat from 4-4-82 to 4-4-85. 8. The submission of a letter from the developer's engineer establishing a fire rating for the area and a letter of transmittal from the fire protection district. 9. Delete signature block for Heritage Cable from final plat. 10. That provision be made for future dedication of the east 33 feet of a county road right-of-way and south 33 feet of Rapid Creek Road right- of-way as public streets. ATTACHNENTS 1. Location map. 2. Preliminary plat. 3. Final plat. \ /, Approved by: ona d tc me ser, D rec or Department of Planning and Program Development /786 N . /I The proposed action and the extent of objections thereto were then considered. Whereupon, Strait introduced and deli- vered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,200,000 PARKING SYSTEM REVENUE BONDS," and moved its adoption. Zuber seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Baker, Dickson, Erdahl, McDonald NAYS: None ABSBNr: Ambrisco Whereupon, the Mayor declared said Resolution duly adopted as follows: 85-285 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,200,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a Public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $4,200,000 Parking System Revenue Bonds for the purpose of paying costs of the refunding of parking facilities revenue bonds presently issued and outstanding; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $4,200,000 Parking System Revenue Bonds for the foregoing purpose. 70 6 Section 2. The Finance Director is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and other- wise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this 24th day of Sentember , 1985. ayor ATTEST: AMM Cep ' Cbrxellet IUYZ MIIIII 6 AIIbM Ww m I 1 Ii I I 1 1 I 1 i I I CIG -3 4-85 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the Portion of the corporate records of said Municipality showing Proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance, I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective Positions. WITNESS my hand and the seal of said Municipality hereto affixed this 24th day of September 1985. SEAL Cit? Clerk, Iowa City, Iowa MIM Co .. Pw.. 'l lkoS Ih L Mbm �' O Ab' b j7F8 ; I 'E IA27.85B/1 PRESALE ANALYSIS $3,855,000 PARKING SYSTEM REVENUE BONDS CITY OF IOWA CITY, IOWA i JOHNSON COUNTY, IOWA Proposed Sale Date: October 16, 1985 j } y I i t 1 EVENSEN DODGE, INC. September 19, 1985 I I I Ms. Rosemary Vitosh Finance Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 ! Dear Ms. Vitosh: Attached is our Presale Analysis prepared in connection with the City's proposed issuance of $3,855,000 of Parking System Revenue Bonds on October 16, 1985. t - The Presale Analysis summarizes the purpose of the Bond issue, describes how the Bond issue has been structured, and discusses other aspects related to the marketing of the Bonds. Reference should also be made to our Presale Analysis dated September 3, 1985 concerning the City's issuance of $4,700,000 of General Obligation Bonds to be sold the same day. We look forward to a successful offering. EVENSEN DODGE, INC. n. ' --S1 Wayne S. Burggraaff �✓ `=a4� j Senior Vice President I j dls ! i i I f S T r Minneapolis Minnesota 55402 612/338.3535 800/328-8200 800/328.8100 Minnesota 170o � I ! M 1 i 1 i i i I I i i i i i r i i I i I TABLE OF CONTENTS Page SUMMARY OF RECOMMENDATIONS . . . . . . . . . . . . . . . . . 1 PURPOSEOF THE SALE . . . . . . . . . . . . . . . . . . . . 1 STRUCTURING OF THE BOND ISSUE . . . . . . . . . . . . . . . 2 RATING. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 REGISTRATION. . . . . . . . . . . . . . . . . . . . . . . . 3 GENERAL MARKET CONDITIONS . . . . . . . . . . . . . . . . . 3 SALESCHEDULE . . . . . . . . . . . . . . . . . . . . . . . 4 EXHIBIT A --Debt Redemption Schedule and Savings Report EXHIBIT B --The Bond Buyer's Index Graph IA27.85B/3 i I /7g8 PRESALE ANALYSIS $3,855,000 PARKING SYSTEM REVENUE BONDS CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA Proposed Sale Date: October 16, 1985 SUMMARY OF RECOMMENDATIONS Recommendations and arrangements for the Bond sale have been developed by Evensen Dodge, Inc., after consultation with City Finance Director, Rosemary Vitosh, concerning the City's need for refunding the Series 1978 Parking Facilities Revenue Bonds. Mr. Ken Haynie, Bond Counsel to the City of Iowa City, was consulted on legal matters and procedures relating to the proposed sale. The major recommendation contained herein is that the City issue $3,855,000 of Parking System Revenue Bonds to be sold on October 16, 1985, for the purpose described below. PURPOSE OF THE SALE Proceeds of this Bond sale will provide the City with the funds to defease the City's $5,200,000 Parking Facilities Revenue Bonds, Series 1978 (the refunded bonds). The outstanding principal balance on the refunded bonds is $4,730,000. The proceeds of the bonds together with approximately $150,000 of cash provided by the City will be used to purchase securities to fund an escrow account which will defease the old bonds. The primary purpose of the refunding is to remove a restrictive covenant in the bond resolution of the refunded bonds which requires that the net revenues of the City's parking facilities be at least 1508 of the annual debt service requirements on the bonds. The resolution for the refunding bonds will require only a 125% coverage requirement. Exhibit A is a debt service schedule and savings report on the bond issue which compares the projected debt service requirements on the refunding bonds to the debt service on the refunded bonds. It shows that under the assumptions used the City will achieve net savings of $60,186. Actual interest rates on the issue may cause the savings to diminish or become negative; however, the primary purpose of the refunding is to remove the restrictive covenant so any savings would be a bonus. -1- IA27.85B/4 766 e STRUCTURING OF THE BOND ISSUE Several alternatives were considered and discussed with the City finance director before reaching a final decision on the best debt structure for this issue. The structure finally selected provides for repayment of the debt over an eighteen year period, as shown in Exhibit A. This term matches the maturity schedule of the refunded bonds. The structure provides for uniform savlings when compared to the refunded bonds. The resolution will provide that the City may call or redeem bonds maturing beginning in 1996 and extending to the end of the issue. This allows the City to call 64.38 or $2,480,000 of the $3,875,000 of principal if interest rates in the future are lower, and the City can save interest cost by replacing the current debt with lower cost debt. Also, investment bankers and underwriters who bid on the bond issue will be required to submit their bid with coupons in ascending order to minimize debt service in the early years and optimize the potential use of the call feature. The bonds will be offered for sale at a discount of approximately 1.758 by provision of an underwriters discount. Iowa State statutes permit a municipality to offer an underwriter's discount in an amount not exceeding 28 of the bond issue size. The amount of discount offered relates to the term and difficulty anticipated in selling the issue. The discount permits the successful bidder (underwriting syndicate) to purchase the bonds with specified coupons and to reof£er the bonds at par. If no discount were allowed, the successful bidder would have to bid a higher coupon rate on the bonds to obtain their commission by selling the bonds at a premium. Experience has shown that use of the discount helps make an issue more attractive to purchasers. RATING The City of Iowa City currently has an "Aaa" general obligation rating from Moody's Investors Service, Inc., the highest rating given by Moody's. The rating on the refunded bonds is "A". The rating on the refunded bonds is lower than the City's G.O. rating because the security for the bonds is the revenue of the City's parking facility rather than its tax base. We recommend that the City also apply for a rating on the refunding bonds. While we can make no guarantee as to the quality of the rating the City will receive, it is essential that it be requested. -2- IA27.85B/5 / 7� I.. REGISTRATION This Bond issue and the General Obligation issue to be sold the same day will be the first in which the City has offered Bonds in fully registered form. The City evaluated proposals from qualified banks and trust companies in Iowa and Minnesota before deciding to act as its own registrar on the G.O. issue and this issue. GENERAL MARKET CONDITIONS A graph dated September 12, 1985, showing the movement of The Bond Buyer's Index (BerBI) over the last two years is included witTi this analysis and identified as Exhibit B. It demonstrates general trends in the tax-exempt market which has been quite strong during the summer, although rates have risen somewhat recently. The BBI measures G.O. bond rates. Revenue bond rates are higher than G.O. rates because of the lesser security of revenue bonds. If this issue were to be sold today, we believe that it would receive a net interest rate in the range of 9.508 to 10.008. Because of uncertainties in the market we cannot predict what the actual rate of interest will be when the Bonds are sold on October 16. IA27.85B/6 :XE I Tentative Bond Sale Schedule Iowa City, Iowa September 11-23, 1985 Evensen Dodge will analyze and prepare disclosure information required for a Moody's rating and an Official Statement. September 20, 1985 Presale Analysis prepared by Evensen Dodge and submitted to City by this date. September 23, 1985 City Council review of Presale Analysis and debt issuance proposals. September 24, 1985 City Council consideration and action on resolution authorizing bond sale. September 27, 1985 Final draft of Official Statement will be submitted to the printer. October 1, 1985 Official publication of Notice of Bond Sale October 1, 1985 Official Statements will be mailed to underwriters and other interested parties throughout the country. October 8, 1985 Official publication of Notice of Bond Sale. October 8-15, 1985 Potential bidders contacted, questions from underwriters and analysts concerning proposed sale answered. October 16, 1985 Bond sale October 17 - November 8, 1985 Work with Bond Counsel on details concerning arrangements for closing and delivery. November 11, 1985 Approximate date for closing and delivery. IA27.85B/7 -4- � Xf IA27.85B/8 I i IA27.85B/8 j C,.Y OF ?ORA CITY, :ODA I PROPOCE9 ;EFL'1:0 i:lG ii;uC i r (Art 16'3 lig CALL) � aaac_aacac:aac SAVINGS REPORT il cc_cc_ccaacaca - - - - - - - - PROPOSED DEBT SERVICE - - - - - - - - PRIOR CUMULATIVE DATE PRINCIPAL COUPON INTEREST TOTAL DIS SAVIi{G3 SAVIt{GS 1/ 1186 70,000.00 6.500000 213,866.98 288,866.88 449,765.00 160,395.13 10,293.13 l 11 1187 172,043.75 ' 71 1187 105,000.00 7.000000 172,043.75 449,007.50 499,965.04 877.50 11,775.63 11 1188 168,368.75 r 71 Iles 110,000.00 7.508000 16B,369.75 446,737.50 449,465.00 2,727.50 14,503.13 11 1189 164,243.75 11 1189 115,090.00 7.750000 164,293.75 993,997.50 448,265.00 4,777.50 19,290.63 it 1190 I59,707.50 TI 1190 125,000.00 8.000000 159,787.50 444,575.00 443,065.00 3,490.00 22,770.63 1/ 1191 154,101.50 71 1/91 140,000.00 8.200000 154,737.50 449,515.OD 452,265.00 2,690.00 25,460.63 1/ 1192 149,047.50 ' 71 1192 155,000.00 8.307000 149,047.50 453,095.60 455,565.00 2,470.00 27,930.63 1/ 1193 142,615.00 71 1193 170,000.00 8.400000 142,615.00 455,230.00 457,440.00 2,210.00 30,140.63 11 1194 135,475.00 71 1/94 185,000.00 8.500000 135,475.00 455,950.00 458,377.50 2,427.50 32,568.13 it 1195 127,612.50 71 1195 200,000.00 8.700000 127,612.50 455,225.00 459,377.50 3,152.50 35,720.63 11 1196 118,912.50 ' 71 1196 22D,000.00 8.800000 118,912.50 457,U25.00 461,902.50 3,917.50 39,698.13 ` 11 1197 109,232.50 71 1197 235,000.00 3.90000D 109,232.50 453,465.00 458,921.50 5,462.50 45,160.63 j 1/ 1198 98,775.00 7/ 1198 260,000.00 9.200000 98,775.00 457,550.00 460,077.50 2,327.30 41,688.13 11 1199 06,815.00 ' 7/ 1199 290,000.00 9.400000 66,815.00 463,630.00 464,927.50 1,297.50 48,985.63 11 11 0 73,105.00 71 It 0 320,000.00 9.600000 73,185.00 466,370.00 467,432.50 1,112.50 50,098.13 it I/ 1 57,825.00 TI 11 1 350,000.00 9.000000 57,825.00 465,650.00 469,362.50 2,712.50 52,810.63 11 11 2 40,675.00 ' 71 11 2 330,000.00 10.000000 40,675.00 461,354.00 467,375.00 6,025.00 58,835.63 11 11 3 21,675.00 7/ 11 3 425,OD0.00 10.200000 .___.-- ----- 21,675.00 468,350.00 469,700.00 1,350.00 60,185.63 3,855,000.00 4,181,019.38 8,036,019._8_ 8,246,205.00 60,185.63 ACCRUED 3,855,ODO.00 4,181,019.38 8,036,019.30 8,246,205.00 60,185.63 ...case...... .......... ca r............ accacm....... .............. i CITY OF I UA CITY, PPOPOHE-EFUOOlml ls:u (ASSUc INC_z10 CAL=L) ._ SAVINGS REPORT { DATED 11115185 LITH DELIVERY OF 11115105 BOND YEARS 44,400.003 AVERAGE COUPON 9.417 f AVERAGE LIFE 11.518 j H I C 5 9.560635 : USING 98.2500000 H 0 T E : CUMULATIVE SAVINGS ARE NET OF 150,000.00 H E T P R E S E N T V A L U E 5 A V I N G 5 A T: 9.5000000000 1 E 0 U A L 5 22,049A4 i s PREPARED BY EVENSEN DODGE, INC. ' AUNDATE: 09-19-1985 RUNTIME: 16:06:28 � I 1 I I i I i i i i - 1 I I IA27.85B/9 EXHIBIT B Bond Buyer's Index Graph 13.0% 12.5% 12.0< 11.5% 0 11.0% 0 ir 10.5% 10.0% 9:5% 9.0% 8.5% 7, BOND BUYERS INDEX (1982-85) PREPARED BY EVENSEN nc)nnF rnrrr, I/ wo 1/0'+ //S4 1/85 7/85 1/86 Month 20 Year G.O. Indox This Week 9.26 Last Week 9.07 I5 RESOLUTION NO. 85-286 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCEL "C" LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA; SETTING A PUBLIC HEARING FOR NOVEMBERI9, 1985, ON THE PROPOSED SALE AND CONVEYANCE OF SAID LAND; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. WHEREAS, the City of Iowa City, acting as the Grantee/Municipality pursuant to the provisions of Title 24, CFR Part 570, and provisions of Chapter 403, Code of Iowa, has used Community Development Block Grant funds for land acr,,-isition and clearance to facilitate improvements to the Lower Ralston Creek Area of Iowa City, and WHEREAS, the City of Iowa City wishes to offer a remaining parcel of land for private redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That, until 10:00 a.m., October 28, 1985, the City Manager and/or his designee is hereby authorized and directed to solicit offers to purchase certain City -owned land known as Parcel C, fronting on Lafayette Street (near the Dubuque Street intersection), legally described as a portion of Lots 1, 2, 3 and 4, of Block 18, of the County Seat Addition to Iowa City, Iowa, according to the Plat thereof recorded in Deed Book 1 and 2, page 253 of the records of the Johnson County Recorder, and more particu- larly described in the plat attached hereto as Exhibit A. 2. That the minimum acceptable bid for said Parcel C shall be $27,000. 3. That a public hearing is hereby set for Tuesday, November 19, 1985, at 7:30 p.m. in the Council Chambers, Iowa City Civic Center, at which time and place the City Council will consider the sale and conveyance of said Parcel C for private redevelopment. 4. That, as required by law, the City Clerk is hereby authorized and directed to publish notice of solicitation of offers to purchase and notice of public hearing on the proposed sale and conveyance of said parcel. It was moved by Strait and seconded by Zuber the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X � I Zuber /gos II .M Resolution No. 85-286 Page 2 Passed and approved this 24th day of September 1985. AYOR ATTEST: CITY -CLERK Reecived BY TileF f wcy _ n�L.D al Department 5�1R �tr� lees - 4 1, I j i i { f ! i. r Exhibit.A OG�N1.¢o�n� L NT• oG tW nvT • _ I �j2. p, W a.na.ttova .S6y41'4Y E- 11'1.21' r cid 1 w i :o J W .:i v -p _sal •t.eT S ` v Ip 'V • .'g8 d > C to .LOT 4 3p W Of ; etW Cot eeTY aa.wl recut ,� T = J M 4w1'r.V c Iib ed N69.4N'•So W •�o.00 `� pbINT OF BE.f�.NN W4a LCOAt DESCRIPTION A portion sof Lots It 2:3r, and 4t. of. Block 18, of the County Seat 4dUtlon to Iowa City, Iowa according to the Plat -,thereof recorded. in Dead Book 1 6 2t'pago'253 of the records of the Johnson County_Becordarr,end, which parcel la More particularly described es follbwst Commencing at the Southwest Corner or Block 10. of the County Sse addlflon to Iowa city. Iowa; Thence 589.49050"Cy;elonq: the South line of said Block.10, 170.00 fast to the South— .met CPrtler,pf,Lat 4 of, said. Black �1Br,whlch;ls the paint of Beginningl;Thence IL00.00.00"C, along the WesElins ofsaid Lota.4l3t2-and 1t .303,05 rest ..0 'a point an the too of the slope of the Do, I'Iolnei Strew-Railrond Bight of Weil Thence 568.41645"C, along said Los of the Slope, 117,27 fnt:to. the Westerly top of Bank of Ralston CreekirThance 534001`48"W, 60,46 feet alonq,sald-.top of,bankl Thence 51.34.2b"C, 1Ah,53 fsatt+along, amid top of bank, to the South line of said Lot 4; Thence NB9.49'5p"W, Nn.ao fut.to,lths Point of Beglnnln9. Sold tract or lend cantatas 26745 square feet more or less and'issubject to saeement, slid restrictions of rewrd.,e,:, q'(+: I hereby certify that tills survey was meds under my direct personal_ supervision and that I em a duly re stared Land Surveyor underthe laws of the 5tste of.AMS, SIGNED. 7—Des2 �D_- DATE. //-/S-iIL, .:.:' .. 14 Lntt D. Rlckuls , L.5. 1U.M, Su ¢rlbed and sworn baro a LhA Jay of �r Noexf pan lc,.lu xr la uf. luwu BEM VELOpmr NT pePLCC"L" :"••', c•, „w raft of trrws city •6 �{{��2�4 1 uq, Cit of mus LIL emr.'••'• 0 MM%�nn�nng� ULTAf�TS r,.nn a port un o u e , , oc , puny tt a, td me. on, on" C •"" SntAdnf llnn to IMwe�Clt Ince r, at swIt., he tt•b IoiO 11, 11 �8. s,. mq e. '11'1.071 f. 1Bo5 7 City of Iowa City MEMORANDUM Date: September 19, 1985 To: Members of the City Council From:AJim Hencin, CDBG Program Coordinator Re: Disposition of Parcel C The City Council has indicated a willingness to sell Parcel C in the Lower Ralston Creek Area. Parcel C, as you know, is one of six parcels which remained after the completion of the Lower Ralston Creek Improvement Project about three years ago (see attached location map): Because the land was acquired with COBG funds under the provisions of Chapter 403 (the "Urban Renewal Law") of the Iowa Code, its disposition is governed by federal regulations and Chapter 4 ence, the competitive bidding procedures which will be followed. The resolution on the September 24 City Council agenda authorizes bids to be received until October 28, 1985. It fixes the minimum bid at $27,000 which is based on a 1982 appraisal. The City Council will consider all bids at a November 19 public hearing. A prospectus and bid packet will be available in the City Clerk's office on September 25. The prospectus provides that Parcel C may be developed for any use that conforms with its present CI -1 (intensive commercial) zoning classification. In response to staff and City Council concerns about building encroachments along the creek, the prospectus states that a 20 foot wide easement, parallel to Ralston Creek, will be retained by the City. If you have any questions concerning the disposition of Parcel C, please let me know. bj2/8 Id RESOLUTION NO. 85-287 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City wishes to help residents of Iowa City to prevent or overcome problems of alcohol and drug abuse; and WHEREAS, the City of Iowa City wishes to assist the Mid -Eastern Council on Chemical Abuse, an Iowa not-for-profit corporation, to develop a new central treatment and office facility for community-based alcohol and drug abuse treatment and prevention. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest the attached agreement with the Mid -Eastern Council on Chemical Abuse for the use of 1985 Community Development Block Grant funds. It was moved by Strait and seconded by Baker the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker X Dickson _L Erdahl X McDonald X Strait X Zuber Passed and approved this 24th day of September 1985. YOR ATTEST: CITY CLERK I tto.xlvod 8 Aplxovod By Tho labji Doparfim, � 8oG M AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THIS AGREEMENT, entered into this lith day of, 1985, by and between the City of Iowa City, a municipa corporation (herein referred to as the "City"), and the Mid -Eastern Council on Chemical Abuse, an Iowa not-for-profit corporation (herein referred to as "MECCA"), and WHEREAS, the City is the recipient of 1985 Community Development Block Grant (CDBG) funds granted by the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist MECCA in the development of a new central treatment and office facility for community based alcohol and drug abuse treatment and prevention. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I 1.1. PURPOSE AND SCOPE OF SERVICES: MECCA shall contract for the construction of a new central treatment and office facility which shall, upon completion, comply with all applicable state and local building codes and the licensing require- ments of the Iowa Department of Substance Abuse for outpatient and residential treatment facilities. The new facility shall be located at Lots 14 and 15 of Block 5, Braverman Center, an addition to Iowa City, Iowa. MECCA shall use the CDBG funds authorized under this agreement only for the purchase, installation or construction of improvements which are an integral part of the new facility. 1.2. TIME OF PERFORMANCE: A. MECCA shall perform according to the following schedule: Program Element Begin construction Complete construction Operate new facility Deadline August 31, 1985 February 28, 1986 March 1, 1986 thru August 31, 1995 B. This schedule is subject to change only by prior mutual agreement of both parties, in writing. 2 1.3. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and MECCA agrees to accept in full fifty thousand dollars ($50,000) for performance under this Agreement, as follows: A. Partial payments shall be made upon presentation of properly executed invoices for completed improvements pursuant to Section 1.1. Purpose and Scope of Services. B. Payments will be made to MECCA by the fifteenth day of the month for expenditures incurred during the previous month, provided invoices are submitted to the City by the fifth day of the month. C. The total of the above payments will not exceed $50,000. 1.4. TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the work to be performed hereunder, nor for the maintenance, operation or program funding of the central treatment and office facility. B. MECCA shall use the $50,000 in CDBG funds only to purchase, install or construct the improvements necessary for the central treatment and office facility. C. MECCA shalt, at its own expense, procure and maintain during the period of this Agreement, all risk property damage and liability insurance to be effective as of the start of the project. Liabil- ity coverage shall not be less than $100,000 for bodily injury per person, $300,000 for personal bodily injury or death per occur- rence, and not less than $50,000 for property damage. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. D. In the event MECCA ceases its operations, sells the facility located at Lots 14 and 15 of Block 5, Braverman Center, or relocates its operations to another facility prior to September 1, 1995, MECCA shall pay to the City a prorated share of the $50,000. The prorated share shall be determined by deducting one-tenth of the $50,000 annually from the original $50,000 for each full year elapsed after August 31, 1985. E. Except as provided herein, the term of this Agreement shall be from the date of execution through August 31, 1995. PART II 2.1. PERFORMANCE AND REPORTING: A. To the extent that funding is available, MECCA shall operate a facility providing community based alcohol and drug abuse treatment and prevention programs until August 31, 1995, in a manner satis- factory to the City. 3 B. MECCA shall direct all correspondence concerning this Agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. C. MECCA shall submit monthly reports describing the progress of the facility development activities to the Program Coordinator's office by the fifth day of each month until the completion of all work and expenditure of all CDBG funds disbursed under this Agreement. D. Upon completion of this project, MECCA shall submit quarterly reports by the fifteenth day of January, April, July and October of each contract year. Quarterly reports shall include, at a minimum, statistics pertaining to the number and county of resi- dence of persons using the facility. No reporting requirements shall extend beyond August 31, 1995. E. Not later than April 30, 1986, MECCA shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. 2.2. OTHER REPORTS, AUDITS AND INSPECTIONS: A. MECCA shall promptly furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, at any time during normal business hours, at its office, MECCA shall make available to the City, HUD and/or the Controller General of the United States or their duly authorized representatives, all of MECCA's records with respect to this Agreement in order to permit examination of any audits, invoices, materials, payroll, personnel records, conditions of employment, and other data related to all matters covered by this Agreement. C. MECCA shall retain financial records, supporting documents, statistical records, and all other records pertaining to expendi- tures under this Agreement for a period of three (3) years from the termination of this Agreement. D. Insofar as the City's contributions exceed $25,000 under this Agreement, MECCA shall comply with the auditing and reporting requirements specified in OMB Circular A-128 (Audit Requirements for State/Local Government Grant Recipients). E. MECCA shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the MECCA facility, in accordance with applicable federal, state and local laws. 4 2.3. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-110 and OMB Circular A-122 (Cost Principles for Non-profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City shall provide MECCA with copies of said OMB Circulars, and MECCA hereby acknowledges receipt of said Circulars. 2.4. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the MECCA facility on the basis of age, race, color, religion (creed), national origin, sex, marital status, sexual orientation, or disability. All prospective users of the facility must, however, meet and maintain the rules and requirements of MECCA's programs. 2.5. EQUAL EMPLOYMENT OPPORTUNITY: MECCA certifies it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the IowaCit Cade, Chapter 601A (State Civil Rights) of the Iowa Code an a app a regula- tions of the United States Departmen�Housing and Urban Development f pertaining to equal opportunity and affirmative action in employment. Further, MECCA shall ensure that all contracts for work under this I' Agreement contain an appropriate equal employment opportunity state- ment. I 2.6. LEAD-BASED PAINT POISONING PREVENTION: MECCA shall comply with the requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831, et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they may apply to the perform- ance of this Agreement. 2.7. TERMINATION OF AGREEMENT FOR CAUSE: If MECCA fails to fulfill its obligations under this Agreement in a timely and proper manner, or if MECCA violates any of the terms, agreements or stipulations under this Agreement, the City shall S thereupon have the right to terminate this Agreement by giving written notice to MECCA specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice, provided such default or defaults are not remedied within the grace period. In the event of such termination, MECCA shall pay the City the full amount of $50,000. 2.8. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Comnissioner, shall be admitted to any share or part of this Agreement, or to any benefit to rise herefrom. / ge(o 5 B. No member of the governing body of the City, nor officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. 2.9. INTEREST OF MECCA: MECCA covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be performed under this Agreement. MECCA further covenants that in the performance of this Agreement, no person having such an interest shall be employed by MECCA. 2.10. ASSIGNABILITY: MECCA shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written approval of the City. 2.11. HOLD HARMLESS PROVISION: MECCA shall indemnify and hold harmless the City, it officers, employ- ees and agents from all liability, loss, costs, damage and expenses (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any action based upon the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this I," day of o,4Ger , 1985. CITY OF IOWA CITY_ / ayor test - Rocohod A Approved By The Legal DoPrrhrerd 1 Iu BS MID -EASTERN COUNCIL ON CHEMICAL ABUSE By:2f,j, eaa President, Board of Directors hest: .on Se rotary, oard of Directors 906 Li L. RESOLUTION NO. 85-288 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE- SPRUCE STREET DRAI.NAGE PROJECT i WHEREAS, Joe Jones Construction Ltd. of Edd e, Iowa has submitted the est id of 44.306.00 or the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: s 1. That the contract for the construction of the above-named project is hereby awarded to Joe Jones Construction Ltd. of F.dd i !' subject to the condition that awar ee secure a equate performance bond, insurance certificates, and contract compliance program statements. j 2. That the Mayor is hereby authorized to sign and the City Clerk to ( attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. :i I It was moved by Strait and seconded by Dickson that { the resolution as read e adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Raker iX Dickson X Erdahl ; X McDonald X Strait X Zuber Passed and approved this 24th day of September , 1985 . II i MAYOR I f ATTEST: %%7oe. , ) 77 7fiJnw % CITY CLERK Recelved A Approve, By T Legal De rhxr,: R l9 X) 8�7 .._ _... IAr .. ADVERTISEMENT FOR BIDS SPRUCE STREET DRAINAGE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 17th day of September, 1985, and opened immediately thereafter by the City Engineer. Propos- als will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on September 24, 1985, or at such later time and place as may then be fixed. The work will involve the following: The placement of approximately 580 ft. of 27" RCP, 650 ft. of 15" RCP and 50 ft. of 12" RCP. Also the excavation of approximately 620 ft. of open channel with associated rip rap and sod. All work is to be done in strict compliance with the plans and specifica- tions prepared by Francis, K. Farmer, P.E., City Engineer of Iowa City, Iowa, which >ave heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1984, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid security: (1) a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to 10% of the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post AF -1 /00D7 bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifica- tions", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall u also guarantee the maintenance of the improvement for a period of 5 year(s) from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 30 Completion Date: November 8, 1985 Liquidated Damages:;150 per day The plans, specifications, and proposed contract documents may be examined at the Office of Francis K. Farmer, P.E., by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcon- tractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. AF -2 I A listing of minority contractors is available and can be obtained form the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. The city reserves the right to reject any or all proposals and to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN KARR,CITY CLERK AF -3 �zfo� 1 I i. i I I I i I i i I City of Iowa City MEMORANDUM = DATE: September 17, 1985 TO: City Manager and City Council FROM: Frank Farmer, City Engineer RE: Easement Purchase for the Spruce Street Drainage Project Easements to accommodate construction of the Spruce Street Drainage Project on property owned by the Hartland Rail Corp. and operated by Iowa Interstate Railroad, Ltd., must be purchased from Hawkeye Land Company of Cedar Rapids, Iowa. The City's legal staff has investigated Hawkeye Land Company's authority to grant easements for this property and has concluded that they do possess that authority. The purchase price of the easement is $1,000.00 and requires no annual fee thereafter. 11 i i I I j i. i i RESOLUTION NO. 85-289 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF 114E CREEKSIDE NEI(I4BORHOOD STDEIVALK PROJECT I WHEREAS, B C L Zimmerman Construction, Ltd.' f Oxford. Iowa. has submitted the best bid of $__1.7,991.90 for t e construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to B $ L Zimmerman Construction, Ltd.of Oxford, Iowa , subject to the con ition t at war ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Zuber and seconded by Strait that the resolution as read e adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balser X Dickson X Erdahl X ?tDonald X Strait X Zuber Passed and approved this 24th day of September , 1985 . MAYOR ATTEST: %y1�e..,.,J �f• �1�enJ Recclvod 1: !, ,.arc: CITY CLERK r By Th a1 De a nxr,t `r/S-/ W� w CORRECTION ADVERTISEMEN77n BIDS CREEKSIDE- NEIGHBORH00D SIDEWALK PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 17th day of September, 1985, and opened immediately thereafter by the City Engineer. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on September 24, 1985, or at such later time and place as may then be fixed. The work will involve the following: The installation of approximately 2,000 linear feet of sidewalk with associated i earthwork, curb drops, driveway ap- proaches and seeding. All work is to be done in strict compliance with the plans and specifica- tions prepared by Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1984, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid security: (1) a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to 10% of the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post I AF -1 AW bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifica- tions", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and tabor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 5 year(s) from and after its completion and accep- tance by the City. The following limitations shall apply to this project: Working Days: 20 Completion Date: October 25, 1985 Liquidated Damages: $100 per day The plans, specifications, and proposed contract documents may be examined at the Office of Francis K. Farmer, P.E., by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcon- tractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. AF -2 /97D X a ■ I A listing of minority contractors is available and can be obtained form the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals and to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN KARR, CITY AF -3 ADVERTISEMENT FOR BIDS CREEKS IDE NEIGHBORHOOD SIDE& LK PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 17th day of September, 1985, and opened immediately thereafter by the City Engineer. Propos- als will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on September 24, 1985, or at such later time and place as I may then be fixed. ! The work will involve the following: The installation of approximately 200 R linear feet of sidewalk with associated �k 6 earthwork, curb drops, driveway approaches and seeding. a „� All work is to be done in strict compliance with the plans and specifica- tions prepared by Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City ! Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1984, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid security: (1) a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of tie United States, in an amount equal to 10% of the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and, shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post AF-1 g7o ■ bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifica- tions", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 5 year(s) from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 20 Completion Date: October 25, 1985 Liquidated Damages: $100 per day The plans, specifications, and proposed contract documents may be examined at the Office of Francis K. Farmer, P.E., by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcon- tractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. AF -2 /V61 A listing of minority contractors is available and can be obtained form the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals and to waive techni- calities and irregularities. ) Published upon order of the City Council of Iowa City, Iowa. M,lFiAT2IA�R, UI1Y LURK I j I 1 1 RESOLUTION No. 85-290 RESOLUTION AUTHORIZING ACQUISITION OF AN EASEMENT FROM HAWKEYE LAND COMPANY FOR THE INSTALLATION, MAINTENANCE, OPERATION, ETC. OF STORM SEWER LOCATED UPON RAILROAD PROPERTY. WHEREAS, the City of Iowa City, Iowa, has undertaken a project to install a storm sewer, to wit, the Spruce Street Drainage Project; and WHEREAS, the City of Iowa City, Iowa, will be required to obtain an easement in railroad right-of-way for the installation of storm sewer pipes; and WHEREAS, the City of Iowa City, Iowa, has negotiated an easement with Hawkeye Land Company, owner of the railroad right-of-way in question, a copy of which easement is attached hereto and by this reference made a part hereof; and WHEREAS, the City Council has been advised and does believe that it would be in the public interest to acquire said easement from Hawkeye Land Company for the sum of $1,000, which easement allows the City of Iowa City to install, maintain, operate, and renew a 27' and a 15• reinforced concrete pipe storm sewer upon railroad right-of-way controlled by the Hawkeye Land Company. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Easement Grant attached hereto and by this reference made &.part hereof is hereby approved as to form and content. 2. That the Finance Director be and is hereby authorized and directed to issue a•City Warrant in the amount of 51,000 made payable to Hawkeye Land Company and payable from Activity Account No. 3433.0. 3. That the City Clerk shall furnish copies of said easement grant to any citizen requesting same. I It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: HAYS: ABSENT: X Ambrisco X Baker x_ Dickson x_ Erdahl x_ McDonald y_ Strait x Zuber Passed and approved this 24th day Af September , 1985. ATTEST: 2 '11V) 7(! �,A,) Recelved L Approved CI CLERK OY jhe i Deporhmnt (J�t 9 .r led? References to 'Grantor" herein shall be codified as appropriate to confer rights of "Grantor' on Iowa State Railroad and Heartland, Inc. and in particular, the easement shall expressly grant Iowa State Railroad, Heartland, Inc. and their respective successors and assigns the rights to enforce the covenants and benefit from the indemnities of the 'Grantee'. EASEMENT GRAND KNOW AIL HEN BY THESE PRESENTS: That Rick Stickle, president of Hawkeye Land Co., -Grantor,' and pursuant to every other power and authority to him pertaining; in consideration of the sum of TEN AND 00/100 ($10.00) DOLLARS and other good and valuable consideration in hand paid, does hereby grant convey and quitclaim unto The City of Iowa City "Grantee," an easement for pipeline purposes, and no other purpose, in the County of Johnson , State of Iowa , along the course indicated in hatched lines on the print attached hereto narked Exhibit "A" and by reference node a part hereof. Grantee's use of the property herein described is made subject to the following terms and conditions which are deemed covenants and shall run with the land: 1. The pipeline, when constructed, or if and when the existing pipe shall be replaced, shall be constructed of per Exhibit "B" where it passes beneath the tracks of the Grantor, and across the Grantor's property, and it shall not be more than inches in diameter, inside measurement. Said pipeline shall be encased in a pipe under the Grantor's tracks and for a distance of feet on each side of the track, as measured at right angles thereto. Said pipe shall be laid at a substantially uniform grade entirely across the property of the Grantor, and the top of the pipe shall not be less than feet below the base of the rail of any tracks, nor at any point at a sufficiently shallow depth to be affected by frost, as provided in the print attached hereto, marked Exhibit "B" and by reference made a part of this agreement. 2. Grantor shall permit Grantee reasonable right of entry for the purpose of constructing, replacing, repairing, maintaining and operating said pipeline. 3. Grantee shall pay the entire cost of constructing, replacing, repairing, maintaining and operating said pipeline. All of said work shall be done in a good and workmanlike mariner and in accordance with the plans, specifications and profiles, specifically including data of co=ne ent of work, to be prepared by Grantee and submitted in writing for approval to Grantor; and, except in emergencies, until such approval is first had, and such approval shall not be unreasonably withheld, said work upon Grantor's premises shall not be begun by Grantee. Grantor reserves the right to have a representative present, but in no way waives any rights under this easement agreement by failing to have said representative present. 4. Grantor shall have the right to retain existing tracks and other improvements at the location of this easement and shall also have the right at any and all times in the future to construct, maintain and operate over said easement such additional track, tracks and other improvements as he may from time to time elect. Nothing shall be done or suffered to be done by Grantee that will in any manner impair the usefulness or safety of the existing tracks and other improvements of the Grantor or of such track, tracks and other improvements as Grantor may construct in the future across or above said easement. The Grantor reserves the right to grant future easements under, over, across or parallel with the above-described premises. 5. Grantee agrees that before and during the construction, replacement, repair, maintenance or operation of said pipeline, or at any other tine, Grantor shall have the right to provide such safe and temporary structures as he may deem necessary for safety, caring for and preserving his tracks, buildings or other improvements, and Grantee agrees to pay to Grantor the entire cost of putting in and reeving such temporary structures and of restoring the property of Grantor as near as may be to the same condition in which it was before the commencement of the work. 6. Grantee agrees that if, at anytime, Grantor shall change the location or grade of his tracks at any point of crossing or at any point along a parallel course for any purpose whatever, Grantee, at its own expense shall make all changes required by Grantor. If Grantee shall fail, neglect or refuse to make such change for a period of thirty (30) days after receiving written notice from Grantor, then Grantor may forthwith make such change at Grantee's expense. BOOK 808 P:CE1Q6 /A)9 7. Grantee shall at all tinea construct, replace, repair, maintain and operate said pipeline in a secure, safe and sanitary condition and in accordance with all applicable Laws, ordinances, rules and regulations and shall pay promptly when due all taxes levied or assessed upon Grantee or upon Grantee's use and enjoyment of the rights granted herein including income derived therefrom. If the manner of constructing, replacing, repairing, maintaining and operating said pipeline shall at anytime be in violation of any applicable law, rule, regulation or ordinance, then Grantee shall at no cost or expense to Grantor, upon receipt of appropriate notice from a governmental agency having enforcement jurisdiction in the premises make such charges or repairs as shall be necessary. Failure or refusal of Grantee to make the required changes or repairs within the time prescribed by said agency or to make timely payment of taxes shall terminate this easerent, provided that it it shall not terminate as long as Grantee in good faith and by pursuit of appropriate legal or equitable remedies, enjoins, defends against, appeals from or pursues other lawful measures to avoid the enforcement of said laws, ordinances, rules, regulations or taxes. 8. Grantee agrees that it will at all times defend, indemnify and hold harmless the Grantor, his tenants, agents and employees, against all claims, demand, actions and causes of actions, including, but not limited to, judgments, settlements, attorneys; fees arca court costs in connection therewith, arising or growing out of loss or damage to property or injury to or death of any persons resulting in any manner from said pipeline, (irrespective of whether any act or anission to act by Grantor, his tenants, agents or employees, shall cause or contribute thereto, and shall promptly pay to the Grantor the full amount of any loss or damage which the Grantor may sustain, incur or became liable for, and all suns which the Grantor may pay or be compelled to pay in settlement of any claim on account thereof). 9. All rights and interest to said property shall revert to Grantor if Grantee vacates, abandons or ceases to use said easement with the intent to permanently vacate, abandon or cease to use said easement. Upon such permanent abandonment, Grantee, at its own expense, shall remove its improvements and restore said easement premises to their original condition. 10. Notwithstanding anything to the contrary herein, the Grantor shall in no event incur liabliity to Grantee for the failure of or defect in the title or estate of the Grantor in and to the real estate over, under or along which the above -&scribed easement lies. 11. The grants, convenants and stipulations hereof shall extend to and be binding upon the respective successors and assigns of the parties hereto, including Heartland, Inc. and subsequent owners of the real estate burdened with this easement. 12. Each of the parties hereto agrees to execute and deliver unto the other all such documents as may be necessary or appropriate for the effectuation of the provisions and intent of this agreement. w //p�..''IN' WITNESS WHEREOF, this instrument is executed by Grantor this oust' day of LT , 19—fr. RICK STIME, PRESIDENT HAWKEYE LAID CO. P.O. BOX 5399 WITNESS: STATE OF IOWA ) SS COUNTY OF LINN ) On this 94t day of &&irJ A.D., 19 .? , before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Rick Stickle, the President aforesaid, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the sage as his free and i voluntary act and deed and in the capacity therein stated. �� NOTARY PUBLIC i A ppi�pp tsp,,J BOOK 808 PAGE107 r/ /001 sc,. ,o• LotLot 1s 16 Fk<p F1rc Lot r �� 17 Lot 18 Lot 19 DESCRIPTION OF ENTIRE TRACT: Lafferty Subdivision Beginning at the intersection of the centerline of the Grantor's main track and the East line of Section 25, Township 79 North, Range 5 West of the 5th P.M., being the easterly line of Johnson County; thence westerly through Sections 25, 26, 27, 28, 29, 20 and 19, Township - 79 North, Range 5 West of the 5th P.M., continuing westerly through Sections 24, 13, 14, 15, 16, 9, 8, 5 and 6, (Excluding that part of Grantor's former Elmira to Iowa City line lying northerly of the northerly line of Des (bines Street extended easterly, said street as laid out'and located in the Canty Seat Addition of the City of Iowa City; Excluding all of Grantor's interest in Maiden Lane lying southerly of the south line of Lot 1, of Block 22 of County Seat Addition to the City of Iowa City, extended easterly, and lying northerly of the north line of Benton Street, as laid out and located in Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's interest in Block 4 of Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's former Coralville and quarry spur in said Section S, Township 79 North, I Range 6 West of the 5th P.M.; thence westerly through Section 1; Township 79 North, Range 7 West of the Sth P.M.; thence westerly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 North Range 7 West of the 5th P.M.; thence westerly through Sections 25, 24, 23, 22, 21, 20, 17, 18, and 7, Township 80 North, Range 8 West of the 5th P.M. DESCRIPTION OF TI?•1FORARY CONSTRUCTION EASD ENr: Beginning at a point on the southerly ROW line of the Heartland Rail Corp. which point is 100 feet southeasterly from the northeast corner of Lot 19, Lafferty Subdivision of Iowa City, Iowa; thence northeasterly along a line perpendicular to the above-described southerly ROW line a distance of 35 feet; thence northwesterly 680 feet along a line 35 feet from and parallel to the southerly ROW line of the railroad ROW; thence southwesterly 35 feet along a line perpendicular to said southerly ROW line; thence southeasterly along the said southerly ROW line 680 feet to the point of beginning. DESCRIPTION OF PERMANENT STORM SEVER $ DRAINAGE EASIDEM: The southwesterly 20 feet of the above-described tract. BOU 808 Paa los . EXHIBIT."A" /gd% ,I I I i BENCH MARK — NORTH RIM MANHOLE AT 4 .18 = 96.57 ■ �z nTv , 1 ■ � 1�1111 v MH'S I 50' OF 27 .1 RCP AT 0.50 �11P MANHOLE NO. 2 STA NEENAH R2500 GRATE rL IN - 92.29 EOUT- 92.19 tai ,-,,')TRUCTION LIMITS 525 OF 27" R P AT 0.90%------- %j I - L � 4*1 %-.REMOVE/ "PLA A TREE TRE --7 A OLE No. 4 -S1 (,Z r� NEENAH R1670 SELF EL IN - 90.38 E OUT - 90.28 17 cti lbr C CONSTRUC Ll u / 1 E` / )) 16 I 15 MANHOLE NO. 3 = STA. 0.50 NEENAH R1670 SELF SEALING LID FE IN - 87.80 rL OUT -87.70 P1 NE iRED END SECTIONS MANHOLE NO I STA. 0 4 25 NEENAH R1670 SELF SEALING LID rL IN - 87.47 i rL OUT - 87.37 STREET I I ; 74' OF 15° RCP AT 0.50% INTAKE NO.1 - STA. 0 . 74 / NEENAH R2561 HIGH BEEHIVE RIM ELEV. - 93.00 FL IN - 90.65 / rL OUT - 90.75 -/ CONSTRUCTION LIMITS a I RESOLUTION N0. 85-291 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT FOR INDEMNIFICATION AND MAINTENANCE RELATING TO STEPS IN THE RIGHT-OF-WAY FRONTING 510 S. CLINTON ST. WHEREAS, Nagle and Furman, an Iowa General Partnership, has constructed a building at 510 S. Clinton Street, in Iowa City; and WHEREAS, front steps to serve the building must be located upon public right-of-way because the building is located on the property line; and i WHEREAS, the City Council is willing to authorize steps on public prop- erty, but only if the property owners agree to idemnify the City, and to remove the steps if the City Council determines that the property is needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the attached Agreement for Indemnification and Maintenance, relating to the steps for the building at 510 S. Clinton Street. 2. The City Clerk is authorized and directed to record said Agreement in the office of the Johnson County Recorder. i { It was moved by Zuber and seconded by Strait the Resolution be 'adopted, and upon roll call there were: i i AYES: NAYS: ABSENT: X Ambrisco x_ Baker d x_ Dickson 'Erdahl x — McDonald X Strait x Zuber Passed and approved this 24th day September 1985. ATTEST: j CITr CLERK Roeelved & Approved By The Lege) Deper1men1 /P0 i■ ■ q-� AGREEMENT FOR INDEMNIFICATION AND MAINTENANCE This Agreement is made between Nagle and Furman, an Iowa General Partnership (hereinafter "Nagle"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"). G i WHEREAS, Nagle is the owner of certain real estate located at 510 South Clinton Street, Iowa City, Johnson County, Iowa, and legally described as follows: I Lot 7 and the North 60 feet of Lot 6, all in Block 8 in the County Seat Addition to t Iowa City, Iowa, according to the recorded plat thereof, and i WHEREAS, Nagle is developing a multi -story condominium building on the above-described property pursuant to a Large Scale Residential Development Plan approved by City; and I WHEREAS, Nagle seeks City approval to raise the elevation of the City sidewalk in front of the project as shown on the attached drawing prepared by Hall Engineering Company (Exhibit k F "A"); and WHEREAS, a portion of the stairway to the building to be constructed by Nagle will be located on City property as in- dicated on the LS RD plan and as shown on Exhibit "A"; and ; WHEREAS, City desires to be held harmless and indemnified fin the event any liability whatsoever arises in connection with the installation, maintenance and use of said steps; i NOW, THEREFORE, in consideration of the mutual promises set forth below, it is agreed as follows: j I 1. Nagle will be allowed to install a new City sidewalk adjacent to the property at 510 South Clinton Street according i -2- to Exhibit "A" attached to this Agreement and according to City specifications, except that the elevation of the sidewalk may vary from the usual City specification and may be raised as indicated on the attached Exhibit "A". 2. Nagle will install steps from the sidewalk to the building pursuant to the LSRD plan, City specifications, and as shown on the attached Exhibit "A". Nagle recognizes that no property right is conferred by this grant of permission, that the City is not empowered to grant a permanent use of its street right-of-way for private commercial purposes, and that the City may order said steps removed at any time if the City Council determines that the property upon which the steps are to be located should be cleared of obstructions. 3. Nagle agrees to maintain the steps in good repair ac- cording to City standards, and to remove the steps within thir- ty (30) days after being so ordered by the City. 4. Nagle agrees to hold the City harmless in connection with any liability whatsoever arising in regard to the instal- lation, maintenance, use and repair of said steps and to indem- nify the City in the event that the City is held liable for any damages in connection with the installation, maintenance, use and repair of said steps. Nagle shall be required to carry liability insurance, in minimum amounts of $500,000- $1,000,000-$250,000 with contractual liability coverage includ- ed as part of such insurance, and shall furnish a copy of the policy to the City before installing the steps. Nagle agrees to thereafter maintain such insurance in force until the steps .r -3- are removed from the City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable protection in the future. If the required insurance is not maintained, the City shall have the right to remove the steps following five (5) days prior written notice to the owner of the property. This Agreement is being made by the parties with the knowledge that Nagle intends to file a Declaration of Condo- minium covering the above-described property and that all or parts of the property covered by this Agreement may be conveyed to other parties. This Agreement shall be binding upon other parties as their interests may be acquired. This Agreement will run with the land and be binding upon Nagle only as long as Nagle has an interest in the above-described property. All provisions of this Agreement will be binding upon the respec- tive successors in interest of both parties. EXECUTED at Iowa City, Iowa, upon the dates as indicated below. NAGLE AND FURMAN, an Iowa General Partnership DATED: zh 2 as BY• p,o Geo ge NaAle, General Partner DATED: September 24, 1985 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) -4- CITY OF IOWA CITY ?John "MCDonal dMa/y/or BY: pwL eni� _T/7SSwwi Marian K. Karr, City Clerk On this /4 day ofo Q �, 1985, before me, the undersigned, a Notary Public n' S and for the State of Iowa, per- sonally appeared George Nagle, to me personally known, who be- ing by me duly sworn, did say that he is one of the partners of Nagle and Furman, a partnership, and that said instrument was signed on behalf of the said partnership by authority of the partners and the said partner acknowledged the execution of said instrument to be the voluntary act and deed of said part- nership by it and by him voluntarily executed. JOIN ,:r �SeDhmEe U,1986 7 No y Public in and for the State of Iowa. STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 4 d day of, 1985, before me, the undersigned, a Notary ublic in and or the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said munic- ipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal cor- poration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instru- ment to be the voluntary act and deed of said municipal corpo- ration, by it and by them voluntarily executed. MYCOMMI Notary Puir_c in and for t e State_ of Iowa. 02/21-01-186 Raealvad & Aprroveu by Th 4ogd Daparheont so; r /I I r . r, _ /I I HALL ENGINEERING COMPANY CONSULTING ENGINEERS 30) IOWA STATE BANK BUILDING IOWA CITY. IOWA 52240 IOWA CITY.IOWA - 3.'3".9001 September 18, 190pO 5 CENTENVILLE-IOWA 5151437.4477 I Mr. Doug Boothroy Director of Housing and Inspection Services City of Iowa City Re: Nagle/Furman Building Project 410 East Washington Street Iowa City, Iowa 52240 510 South Clinton Dear Mr. Boothroy: In response to your request, we have prepared a brief explanation of the structural building problems involved in attempting to recess the front building entry on the referenced Project. As you are aware, the Owner has demolished and removed parts of the reinforced concrete foundation and precast concrete panels and recessed the entryway to avoid a similar condition at the south end of the building. This was possible at that location because the prestressed concrete floor panels (which separate the basement parking garage from the upper three building floors) were not load bearing at that specific location. However, along the entire front and back of the building (and at the location under discussion) the prestressed concrete panels carry the entire exterior building wall loading as well as the roof snow load, etc.. Prestressed concrete panels are constructed at the manufacturing facility to a specific design based upon the original building design and it is typically not possible to alter the loading conditions. As a result, the method of recessing the entryway used at the south entry is not possible in this location. i Should you have any other questions or require additional information in this matter, please call upon us at your convenience. Thank you. Very truly yours, HALL ENGINEERING COMPANY Richard C. Buss, P.E. RCB/rsb i I I I BARKER, CRUISE & KENNEDY j LAWYERS CHARLES A BARKER 911 IOWA AVENUE - P.O. BOA 2000 JOHN D. CRUISE IOWA CITY, IOWA - MICHAEL W. KENNEDY AREA CODE 919 52244 TELEPHONE 331.8181 JAMES O. HOUGHTON 1 DAVIS L FOSTER September 19, 1985 i Mr. Richard J. Boyle Assistant City Attorney City Of Iowa City 410 E. Washington Iowa City, IA 52240 S Re: Nagle -Clinton Street Project Dear Dick: �. . Enclosed are four signed copies of the Agreement for In- I demnification and Maintenance in connection with the above j project. These are the same as the copy I delivered to you earlier. Let me know if you see any problems with this matter being approved on September 24. j Ver truly yours, M� J n D. Cruise JDC/dc Encs. 02/22-01-90 RECIZIVED .SEP 19 1%5 Iron, ----