HomeMy WebLinkAbout1984-08-28 OrdinanceJ�
City of Iowa Cit
MEMORANDUM
Date: August 22, 1984
To: Mayor McDonald and City Council Members
From: Monica Moen, Associate Planner Vlk---
Re: Historic Preservation Ordinance
The Historic Preservation Commission and the Planning and Zoning Commission
have reviewed and approved the following proposed amendments to the Historic
Preservation Ordinance and are forwarding these changes to you for your
consideration. All proposed modifications are underscored in the attached
copy of the ordinance.
Pages 1 and 6: A process has been created whereby an applicant, under-
taking a project which requires a regulated permit but which will have no
effect on any historic architectural features of a building or on the
historic district, would not be required to wait until a meeting of the
Historic Preservation Commission to obtain a Certificate of Appropriate-
ness. In lieu of a Certificate of Appropriateness, a Certificate of No
Material Effect would be issued by the Chair of the Historic Preservation
Commission and the Secretary of the Historic Preservation Commission, or
their designees.
2. Page 5: The order in which recommendations regarding proposed historic
districts are made by the Planning and Zoning Commission and the Office
of Historic Preservation of the Iowa State Historical Department has been
amended. The proposed change requires that the Planning and Zoning
Commission receive any comments from the Office of Historic Preservation
regarding the proposed areaprior to any action taken by the Planning and
Zoning Commission which sets forth recommendations to the City Council.
Paragraph C of page 5 specifies that if the area of the proposed historic
district 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 to
the State Office of Historic Preservation for review and comment. This
procedure is only implied within the existing ordinance.
Paragraph D of page 5 clarifies the steps to be taken in the event the
Council refers the historic district designation to the Historic Preser-
vation Commission for modification.
3. Page 6, Section VII, Paragraph A: The Historic Preservation Commission
proposes that the following sentence be deleted from the ordinance: "No
additional improvements requiring a Certificate of Appropriateness shall
be imposed upon the applicant unless approved by the City Council
subsequent to the Commission's recommendation." Commission members
acknowledge that once Certificates of Appropriateness or No Material
1435
PA
Effect are issued by the Commission, the Commission cannot require that
further improvements be made by the applicant. This statement generates
negative implications which are unnecessary.
If you have any questions, or require additional information, please call me
at 356-5247.
cc: Don Schmeiser
Karen Franklin
�-� PRELIMINARY
ORDINANCE N0. SUbj9Ci �0 ApplOYal
AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMISSION FOR THE CITY
OF IOWA CITY, IOWA, AND PROVIDING FOR THE ESTABLISHMENT OF HISTORIC
PRESERVATION DISTRICTS, AND DEFINING POWERS AND DUTIES IN ASSOCIATION
THEREWITH.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. PURPOSE AND INTENT. The purpose of this ordinance is to:
A. Promote the educational, cultural, economic and general welfare of the
public through the protection, enhancement, and perpetuation of
districts and historic and cultural significance located in the City
of Iowa City.
B. Safeguard the City's historic, aesthetic, and cultural heritage by
preserving districts of historical, architectural, and cultural
significance.
C. Stabilize ano improve property values by conservation of historic
properties.
0. Foster civic pride in the legacy of beauty and achievements of the
past.
E. Protect and enhance the City's attractions to tourists and visitors
and the support and stimulus to business thereby provided.
F. Strengthen the economy of the City, and
G. Promote the use of districts of historic and cultural significance as
sites for the education, pleasure and welfare of the people of the
City.
SECTION II. DEFINITIONS
A. APPLICANT. The party making application for a Certificate of Appropri-
ateness from the Iowa City Historic Preservation Commission.
B. APPLICATION. A written request by a property owner or other party to
the Iowa City Historic Preservation Commission for a Certificate of
Appropriateness.
C. CERTIFICATE OF APPROPRIATENESS. The document, evidencing approval by
the Historic Preservation Commission of a proposal to make a change in
appearance, must be obtained before a Regulated Permit may be issued.
D. CERTIFICATE OF NO MATERIAL EFFECT. The document, issued in lieu of a
Certificate of Appropriateness before a regulated permit is issued,
which signifies that the work contemplated in the application will
have no effect on any significant architectural features of the
building or on the historic district. The Certificate of No Material
Effect evidences approval by the Historic Preservation Commission and
the Department of Planning and Program Development of a proposal to
make a change in appearance.
/635
Ordinance No.
Page 2
E. CHANGE IN APPEARANCE. Any change or alteration of the exterior
features of a building or change or alteration of the appearance of a
property within an historic district. This definition shall pertain
only to changes in appearance which are visible from the public way or
from adjacent properties, and for which a building, demolition, house
moving or other regulated permit is required for compliance with
applicable city codes. Furthermore, nothing in this definition shall
be construed to prohibit or limit normal repairs or maintenance which
do not involve alterations or changes in the exterior features of a
building, for which no regulated permit is required. For the purposes
of this ordinance, changes made in the color of the exterior surfaces
of a building are considered to be ordinary maintenance and repair.
F. CHANGE OR ALTERATION. The erection of a building on a site, the
movement of a building from or to a site, the demolition of a build-
ing, the reconstruction or restoration of a building, or any action to
change, modify, reconstruct, remove or demolish any exterior feature
of an existing building.
G. COMMISSION. The Iowa City Historic Preservation Commission, as
established by this Ordinance.
H. EXTERIOR FEATURES. The architectural style, general design and
arrangement of the exterior of a building, including the kind and
texture of the building material and type and style of all windows,
doors, light fixtures, signs and other appurtenant fixtures.
I. HISTORIC DISTRICT. An area that contains contiguous pieces of property
under diverse ownership which:
1. Are significant to American history, architecture, archaeology and
culture or Iowa City history, architecture, archaeology and
culture,
2. Possess integrity of location, design, setting, materials and
workmanship.
3. Are associated with events that have made a significant contribu-
tion to the broad patterns of our history, or
4. Are associated with the lives of persons significant in our past
or
5. Embody the distinctive characteristics of a type, period, method
of construction; represent the work of a master; possess high
artistic values; represent a significant and distinguishable
entity whose components may lack individual distinction.
6. Have yielded, or may be likely to yield, information important in
pre -history or history.
J. PROPERTY OWNER. An individual or group of individuals, corporation,
partnership, association, or any entity, including state and local
governments and agencies which is the owner of real estate.
16 3S
Ordinance No. _
Page 3
K. REGULATED PERMIT. A permit issued by the Building Official, or other
official of the City of Iowa City according to the provisions of 1)
Building Code, 2) Sign Regulations, 3) House Movers Ordinance, or 4)
Fire Code.
SECTION III. IOWA CITY HISTORIC PRESERVATION COMMISSION
A. An Iowa City Historic Preservation Commission is hereby established.
The Commission shall initially consist of seven (7) members who shall
be residents of the City of Iowa City.
B. Members of the Commission shall be appointed by the City Council. At
least one resident of each designated area of historical significance
shall be appointed to the Commission. Other members shall be chosen
at large from any part of the city and shall have some expertise in
history, urban planning, architecture, archaeology, law, sociology, or
other closely related field, or shall demonstrate interest in the area
of historic preservation. At least three of the members shall hold
appointments at large. Should the number of officially designated city
historic districts exceed four in number, a new member shall be added
to the Commission for each new district in excess of four districts.
No more than one-third of the members of the Commission shall belong
to the City's Planning and Zoning Commission.
C. The original appointment of the members of the Commission shall be two
(2) for one year, two (2) for two years, and three (3) for three
years. The members appointed from designated historic districts shall
serve three year terms. After the initial appointment of members the
term for each member shall be three years.
D. Vacancies occurring in the Commission, other than by expiration of
term of office, shall be filled only for the unexpired term.
E. Members may serve for more than one term and each member shall serve
until the appointment of a successor.
F. Members shall serve without compensation.
A simple majority of the Commission shall constitute a quorum for the
transaction of business.
SECTION IV. RULES OF THE COMMISSION
A. The Historic Preservation Commission shall elect from its membership a
chairperson and vice -chairperson whose term of office shall be one
year. The chairperson and vice -chairperson may serve for more than
one term. The chairperson shall preside over the Commission and have
the right to vote. The vice -chairperson shall, in cases of absence or
disability of the chairperson, perform the duties of the chairperson.
B. The City Manager shall designate a person to serve as secretary to the
Commission. The secretary shall keep a record of all applications for
Certificates of Appropriateness, resolutions, proceedings, and actions
of the Historic Preservation Commission.
mW
Ordinance No. _
Page 4
C. The Commission shall recommend rules or by-laws for the transaction of
its regular business to the City Council for adoption. The Commission
shall have the authority to adopt rules of procedure in connection
with the approval or disapproval of Certificates of Appropriateness
subject to approval of the City Council.
The Commission shall keep a record, which shall be open to public
view, of its resolutions, proceedings and actions. The vote or failure
to vote of each member shall be recorded. The concurring affirmative
vote of a majority of those members present shall be sufficient for a
Certificate of Appropriateness to be granted, or for the adoption of
any resolution, motion or other action of the Commission. The
Commission shall submit a report on its activities to the Council and
may make such recommendations to the Council as it deems necessary to
carry out the principles of this ordinance.
SECTION V. POWERS OF THE COMMISSION
A. The Commission shall be authorized to conduct studies for the identi-
fication and designation of Historic Districts meeting the definitions
established by this ordinance. The Commission may proceed at its own
initiative or upon a petition from any person, group or association.
B. The Commission shall review and act upon all applications for Certifi-
cates of Appropriateness, pursuant to Section VII of this ordinance.
C. The Commission shall cooperate with property owners and city agencies
pursuant to the provisions of Section VIII of this ordinance.
D. The Commission shall further the efforts of historic preservation in
the city by making recommendations to the City Council and city
commissions and boards on preservation issues when appropriate, by
encouraging the protection and enhancement of structures with histori-
cal, architectural or cultural value, and by encouraging persons and
organizations to become involved in preservation activities.
E. The Commission shall not obligate itself or the City of Iowa City in
any financial undertaking unless authorized to do so by the City
Council.
SECTION VI. PROCEDURES FOR THE DESIGNATION OF HISTORIC DISTRICTS.
A. The Commission may make a report recommending that an area be desig-
nated an historic district. Before any report or recommendation is
submitted to the Planning and Zoning Commission for review, the
Commission shall hold a public hearing on any proposal to designate an
area as an historic district. The Commission shall give prior notice
of the time, date, place, and subject matter of such hearing. Such
notice shall be served by ordinary mail addressed to each property
owner of land included within such proposed district at his or her
last known address. If the address of any property owner is unknown
such notice shall be served by ordinary mail addressed to 'owner" at
the street address of the property in question. The City Clerk shall
file an affidavit of mailing setting forth the names, addresses, and
date of mailing of all property owners notified pursuant to this
section. Such affidavit shall be filed with the clerk in the records
of his/her office. After this public hearing the Commission shall
m35
Ordinance No.
Page 5
submit its report to the Planning and Zoning Commission and shall
include a proposed ordinance establishing such district and describ-
ing the boundary thereof.
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. Comments from the
Office of Historic Preservation re ardin the ro osed area shall be
receivey the Clty prior o t e at
o any action taken bv the
�n o�.vu mllul oasts rurw recommenoaLlons t0 the
City CounMi on an or mance estab ishing the proposed area as an
B. Within sixty (60) days of the receipt of the report, of
tions_ from the Iowa Citv Historic Preservatinn rnmm,e<
--'- -'- cc, nc r.mw my amu GU11 lay LOm011s-
slon s a su ml s recommen a Ions to the City Council with respect
to the relation of such designation to the comprehensive plan, zoning
ordinance, proposed public improvements and other plans for the
renewal of the area involved. The Planning and Zoning Commission
shall recommend approval, disapproval or modification of the proposed
historic district. Upon submission 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 Commission shall be advised of anv mndi7
C. If
D.
dis
-.Y u-11-1 small suumlL a aescrlptlon Ot 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 recommendations concerning the
proposed area.
/635
Ordinance No.
Page 6
the
SECTION VII. APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS
A. After adoption of the Historic Preservation Ordinance no individual or
corporation shall undertake a change in appearance of a building or
site within a designated historic district for which a regulated
permit is required, nor shall the Building Official issue a regulated
permit for a change in appearance of a building or site, unless a
Certificate of Appropriateness or a Certificate of No Material Effect
has been granted.
B.
C.
Application for a Certificate of Appropriateness shall be made to the
Building Official. The application should include drawings, photo-
graphs, sketches and other exhibits portraying the work to be accom-
plished which will aid the Historic Preservation Commission in the
consideration of the application.
O. Upon the filing of such application, the Building Official shall
immediately notify the Historic Preservation Conmission of the receipt
of such application and shall transmit it together with accompanying
plans and other information to the Commission, unless the application
pertains solely to the interior of the structure.
E. All applications received before the closing date, to be established
by the Commission, shall be considered by the Comnission at its next
regularly scheduled meeting. The Commission shall review the applica-
tion according to the duties and powers specified herein. In review-
ing the application the Commission may confer with the applicant or
the applicant's authorized representative. In acting upon an applica-
tion the Commission shall consider whether the change in appearance to
a building or site proposed by the application conforms to standards
set forth in the January 1979 revised edition of the Secretary of the
Interior's "Standards for Rehabilitation." The Commission may use the
Secretary of Interior's "Guidelines for Rehabilitating Historic
Buildings" or other guidelines adopted by the Commission to aid in
determining whether the proposed change in appearance to a building or
site conforms to the Secretary of Interior's "Standards for Rehabili-
tation."
F. The Commission shall approve, modify, or disapprove the application.
The findings of the Commission on each application shall be contained
in a written resolution setting forth the full reason for its decision
and the vote of each member participating therein. Such resolution
shall be placed on file for public inspection in the office of the
City Clerk within five business days after the meeting at which the
application was acted upon. Thereafter, a copy of the resolution shall
be sent to the applicant by ordinary mail. If the application is
approved or approved with modifications acceptable to the applicant a
/635
Ordinance No. _
Page 7
Certificate of Appropriateness will be issued, signed by the Chairper-
son, and immediately transmitted along with the application to the
Building Official. If the application is disapproved it will be
immediately transmitted, along with the written resolution of the
Commission's findings, to the Building Official.
G. Any applicant aggrieved by any decision of the. Commission may appeal
the action to the City Council. Such an appeal must be in writing and
must be filed with the City Clerk no later than 10 business days after
the filing of the above mentioned resolution. The City Council shall,
within a reasonable time, hold a public hearing on the appeal, give
public notice thereof as well as notice to the applicant and to the
appellant, if different from the applicant, and decide the appeal
within a reasonable time. In deciding such appeal, the City Council
shall consider whether the Commission has exercised its powers and
follow the guidelines established by law and this ordinance, and
whether the Commission's action was patently arbitrary or capricious.
In exercising the above-mentioned powers the City Council may, in
conformity with the provisions of this ordinance, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or
determination appealed from and may make such order, requirement,
decision, or determination as ought to be made, and to that end shall
have the powers of the Commission from whom the appeal is taken.
H. If not satisfied with the decision of the City Council the appellant
may appeal to the Johnson County district court within 60 days after
the Council's decision.
Certificates of Appropriateness issued on the basis of approved
applications authorize only changes in appearance set forth in such
approved applications and no other changes in appearance. It shall be
the duty of the Building Official or his/her designee to inspect from
time to time any work performed pursuant to such a Certificate to
insure compliance with the requirements of such Certificate. If it is
found that such work is not being carried out in accordance with the
Certificate, the Building Official shall issue a stop work order. Any
change in appearance at variance with that authorized by the Certifi-
cate shall be deemed a violation of these regulations and shall be
punishable as provided in Section X of this ordinance.
SECTION VIII. REMEDY OF DANGEROUS CONDITIONS
A. Except for emergencies as determined by the Building Official pursuant
to the ordinances of the City of Iowa City, City enforcement agencies
and departments shall give the Historic Preservation Commission at
least 30 days notice of any proposed order which may affect the
exterior features of any building for remedying conditions determined
to be dangerous to life, health or property.
B. The Commission shall have the power to require that changes or
alterations not adversely affect the exterior features of a building
in cases where the danger to life, health or property may be abated
without detracting from the exterior features of the building. In
such cases it shall be the responsibility of the Commission and the
city agency or department to cooperate with the property owner in an
attempt to achieve a preservation solution whereby the dangerous
conditions will be corrected with minimal adverse impact on exterior
)635
Ordinance No.
Page 8
features. Such plan shall be approved by the Commission and shall be
signed by the Chair of the Commission, the property owner, and the
head of the city agency or department.
C. If a preservation solution acceptable to the Commission, the City
agency or department, and the property owner cannot be reached within
30 days or a period of time acceptable to the city agency or depart-
ment, the agency or department shall proceed to issue and enforce its
proposed order.
SECTION IX. COMPATIBILITY WITH EXISTING ZONING REGULATIONS. Any new
building shall conform to all setback requirements of the zone in which it
is to be built or moved. If a building which has lost 100% or more of its
assessed value due to fire or other natural disasters is to be recon-
structed as near as possible to the original exterior design, it may be
placed upon its original foundation or the site of the original founda-
tion.
SECTION X. ENFORCEMENT, VIOLATIONS AND PENALTIES
A. It shall be the duty of the Building Official to enforce these
regulations and to bring to the attention of the City Council any
violations or lack of compliance herewith.
B. Any person who violates, disobeys, omits, neglects or refuses to
comply with any provision of this ordinance shall be charged with a
simple misdemeanor to be prosecuted in a court of appropriate juris-
diction in Johnson County, Iowa.
C. Violations of Section VII and VIII of this Ordinance are deemed and
declared to be a nuisance, and as such may be subject to summary
abatement by means of a restraining order or injunction issued by the
District Court.
SECTION XI. SEVERABILITY. Should any section or provision of this
ordinance be decided by a court of this state to be unconstitutional or
invalid, such decision shall not affect the validity of the ordinance as a
whole or any part thereof other than the part so decided to be unconstitu-
tional or invalid.
SECTION XII. SHORT TITLE. This ordinance shall be known as may be cited
as "The Historic Preservation Ordinance of the City of Iowa City, Iowa."
SECTION XIII. REPEALER. All ordinances and parts of ordinances in
conflict with the provision of this ordinance are hereby repealed.
SECTION XIV. EFFECTIVE DATE. This ordinance shall take effect immedi-
ately upon passage an pub cation as required by law.
Passed and approved this
NIOD103[Arbl?mIrlt mj1
MARIAN KARR, CITY CLERK
Rocelved R Approved
Ey The Legal Department
`f 7 tr ;'y
1635
City of Iowa Ch
MEMORANDUM
Date: August 23, 1984
To: City Council
From: Karin Franklin, Senior Planner
Re: Amendment to the Provisional Use Language of the CB -2 Zone
Included in the Council agenda packet is an ordinance which is meant to
clarify the provisional use language regarding dwelling units in the CB -2
zone. This amendment was precipitated by an appeal to the Zoning Code
Interpretation Panel and a subsequent appeal to the Board of Adjustment. The
appeal involved the construction of dwelling units above the ground floor of
a building in which the ground floor use was to be commercial space and
enclosed accessory parking. The interpretation of the staff, which was
upheld by the Board, found that the use of the ground floor, above which
dwellings might be placed, must be totally comprised of a permitted use in
the zone. Parking is not a permitted use in the CB -2 zone. The existing
language follows:
Section 36-20(c)(1)
Dwellings located above or below the ground floor of another
principal use permitted in this zone, provided they are
developed in accordance with the dimensional requirements of
the RM -145 zone. A maximum of three (3) roomers may reside in
each dwelling unit.
The appellants to the Board brought the issue before the Planning and Zoning
Commission, suggesting a revision of the language to either clarify the
intent as interpreted or to permit accessory parking on the ground floor and
the construction of dwelling units above the parking as well as above the
permitted principal use. The Commission chose to clarify the original intent
rather than permit accessory parkingon the ground floor under dwelling
units. The Commission's recommendation is the ordinance included in the
agenda packet.
bdw4/1
1636
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE
REGARDING DWELLING UNITS AS A PROVISIONAL
USE IN THE CB -2 ZONE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That Section 36-20(c)(1) be
e-FeTe-F—and the following be inserted in
lieu thereof:
(I) Dwellings located above or below
the ground floor of a structure in
which the ground floor is occupied
exclusively by another principal use
or uses permitted in this zone. The
dwellings shall be developed in
accordance with the dimensional
requirements of the RM -145 zone. A
maximum of three (3) roomers may
reside in each dwelling unit.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any
sect on, proves on or part of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whale or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Recelvod R Approved
By The Legzl Du adient
f -P
1636
It was moved by and seconded by
, that the Ordinance as rea a adopted and upon 75-1-77-57–Fe—re
were:
AYES: NAYS: ABSENT:
_ AMBRISCO
BAKER
^
City of Iowa Cif- -
MEMORANDUM
July 13, 1984
Planning and Zoning Commission
From: Bruce A. Knight, Associate Planner
Re: Proposed Amendments to the Zoning Ordinance
Attached is a memo from Dick Boyle to Don Schmeiser regarding three bills
enacted by the legislature which impact the Iowa City Code of Ordinances. Two
of these bills require amendment of the Iowa City Zoning Ordinance to bring
it into compliance. Staff has prepared the attached ordinance for that
purpose. Note that the amended language has been underlined.
The third bill amends Chapter 409 of the Iowa Code. Staff has not yet made a
determination as to whether this bill will require an amendment to the
subdivision code.
bj5/8
City of Iowa City
MEMORANDUM
Date: July 6, 1984
To: Donald Schmeiser, Director of Planning & Program Development
From: Richard J. Boyle, Assistant City Attorney Rild'S
The Legislature enacted three bills which, I believe, will be of interest
to you, and may require amendments to the City Code of Ordinances.
House File 2184 amends section 414.4 to provide that notice of zoning
ordinance public hearings shall be published as provided in section 362.3
(which provides that notices must be published at least four but not more
than 20 days before public hearings) except that at least seven days'
notice must be given, and in no case shall the public hearing be held
earlier than the next regularly scheduled City Council meeting following
the published notice.
That change will require an amendment to Zoning Ordinance section
36-88(a)..
House File 205 amends section 414.5 and (in addition to the provision
covering owners of property affected by a proposed change) imposes super
majority voting requirements on a city council if a written protest
against a zoning change is filed by 20 percent or more of the owners of
property which is located within 200 feet of the exterior boundaries of
the property for which the change or repeal is proposed.
Zoning Ordinance section 36-88(b) will need revision to conform to the new
requirements since the ordinance limits objectors who may cause super
majority voting to abutting owners, or those across streets, for one lot
to a depth of 200 feet. The new law is more restrictive in that regard.
Further objectors will have to be from 20% of a larger area than our
ordinance requires.
House File 2470, a copy of which is attached, amends Chapter 409 relating
to subdivisions. I have not had time to analyze the act in detail, but it
may require an amendment to the City's subdivision ordinance.
I will, of course, be happy to assist in any changes you wish to make.
bdw/sp
cc: Robert W. Jansen, City Attorney
HOUSE FILE 2470
AN ACT
RELATING TO REAL PROPERTY BY MODIFYING THE PLATTING REQUIRE-
MENTS UPON THE SUBDIVISION OF A PARCEL OF LAND AMD THE
VACATING OF CERTAIN PUBLIC STREETS, ALLEYS, AND OTHER PUB-
LIC LANDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 409.1, Code 1983, is amended by striking
the section and inserting in lieu thereof the following:
409.1 SUBDIVISIONS. A proprietor of a parcel of land
of any size who divides the property into two Darts, either
of which are described by a mete. and bounds description and
are ten acres or leas, shall have a survey made of the
subdivision, unless the county recorder determines that this
description is adequate and a survey is not necessary. The
survey shall be prepared and recorded in accordance with
sections 355.4, 355.7 and 355.16. A proprietor of a parcel
of land of any size Who divides the property into three or
more parte, any of which are described by a metes and bounds
description and are ten acres or lens, shall have a plat made
of the subdivision. The plat shall be made by a registered
land surveyor holding A certificate under chapter 114. The
7�
v
House File 2470, P. 2
plat shall make reference to monuments of record or permanent
control monuments and shall give bearing and distance from
a corner of the plat to two corner, of the congressional
division of which it is a part. The plat shall accurately
describe each part of the subdivision by giving its dimensions,
length and breadth and shall number the parts by progressive
number.
A plat prepared pursuant to the requirements of this section
shall be subject only to the requirements of sections 409.3,
409.14, 409.15, 409.16, 409.30, 409.31, 409.32, 409.33, and
409.37, and is exempt from the other provisions of this chap-
ter, where either of the following conditions exist
1. No street, road, alley, or other public interest is
being conveyed.
2. The plat is for assessment and taxation purposes under
section 441.65.
Where either of the conditions exist, the plat shall be
submitted to the governing city council which shall approve
the plat by resolution and affix a certified copy of the
resolution for recording with the plat.
A deed, contract, or other conveyance which is prenented
to the county recorder in violation of this section and in
not being platted for asseenment and taxation purposes under _
section 441.65 or surveyed as required, shall not be accepted
for recording until the plat or survey has been recorded as
required by thin section.
Sec. 2. Section 409.25, Code 1983, is amended to read
as follows:
409.25 PUBLIC LANDS.
1. Vacations made under this chapter shall not be construed
to affect any lands lying within any a city which have been
dedicated or deeded to the public for parka or other public =
Purposes except as Provided in subsection 2. :n
2. A city council, by ordinance n eifieally referring
A
to authority of thin subsection v vacate street ilev V
O
House File 2470, P. 3
or other public land dedicated by plat if the street, alley,
or other public land has been dedicated for at least ten years
and has not been open to vehicular traffic or has not been
used for placement of city or franchise utility equipment.
The recording of a vacation ordinance is equivalent to a deed
of conveyance of the vacated land proportionately to the
proprietors of the adjoining land in proportion to their
interests as determined by the city council in the ordinance.
The county recorder shall correct the plat or part of the
plat which is vacated as provided in section 409.21.
i
DONALD D. AVENSON
Speaker of the House
CHARLES P. MILLER
President Pro Tempore of the
Senate
i
I hereby certify that this bill originated in the House and
is known as House File 2470, Seventieth General Assembly.
JOSEPH O'HERN
Chief Clerk of the House
Approved , 1984
TERRY E. BRANSTAD
Governor
1637
ORDINANCE NO,
AN ORDINANCE AMENDING SECTION 36-88 OF THE
ZONING ORDINANCE, AMENDMENT OF THE
ORDINANCE, TO BRING THE PROCEDURES THEREIN
INTO COMPLIANCE WITH RECENT STATE LEGISLA-
TION AMENDING CHAPTER 414 OF THE IOWA
CODE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. The Zoning Ordinance of the
MY y of Iowa City is hereby amended by the
following:
(a) Section 36-88(a) shall be repealed and
the following paragraphs substituted in
lieu thereof:
The City Council may from time to
time, on its own motion or on peti-
tion, amend, supplement, change,
modify or repeal by ordinance the
boundaries of zones, or regulations,
or restrictions herein established.
Any proposed amendment, supplement,
change, modification or repeal shall
first be submitted to the Commission
for its recommendations and report. If
the Commission makes no report within
45 days, it shall be considered to
have made a report approving the
proposed amendment, supplement,
modification, or change. After the
recommendation and report of the
Commission have been filed, the
Council shall before enacting any
proposed amendment, supplement,
change, modification, or repeal, hold
a public hearing in relation thereto,
uouncii may set such public hearing
either before or after it submits the
proposed amendment, supplement,
change, modification or repeal to the
Commission for its recommendation, or
during the period while the Commission
is considering such matter.
1637
(b) Section 36-88(b) shall be repealed and
the following paragraphs substituted in
lieu thereof:
If a protest against such proposal,
amendment, supplement, change,
modification or repeal shall be
presented in writing to the City
Clerk, duly signed and acknowledged,
by the owners of 20 percent or more of
the area of the lots included in the
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any
section, provision or part of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
:tecaived d Approved
By Tho l-361 Depuhnont
1637
ORDINANCE NO. 84-3197
ORDINANCE TO ANEND THE TREE REGULATIONS OF, THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. That Division 2, Sections 36-72., 36-73, be deleted from the Zoning
Ordinance and the following be inserted in lieu thereof:
DIVISION 2. TREE REGULATIONS
Sec. 36-72 General.
(a)P�ur�r ose. The purpose of these regulations shall be to assure that trees
are p Wn and/or preserved with the development or redevelopment of buildings
and parking areas for other than single-family uses and with the establishment
or conversion of uses, other than single-family uses, in accordance with the
best ecological concepts, environmental objectives and site planning principles
so the well-being of the residents of the City is protected and enhanced.
(b) General Applicability. No building permit shall be issued for the con-
struction, recons ruc ion or structural alteration of a building and its
parking area nor shall any use be established or converted nor shall a certifi-
cate of occupancy be granted for a use without conformity with the provisions
of the tree regulations. However, the following shall be exempt from these
regulations:
(1) Property in the CB -10 and ID zones.
(2) Property developed inacc_ ori
iomDliance with the tree regulations; all trees which can De proviaeo
in compliance with the requirements of this Division shall be pro-
vided.
(3) Any individual lot occupied by a single family dwelling except for
townhouses.
Refer to Chapter 34 of the Iowa City Municipal Code for other regulations
pertaining to vegetation.
(c) Recommended Species of Trees. The varieties of trees permitted by this
ordinance for a use ndicated,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 Recom-
mended 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 commencement of a use, the Building Official
may issue a temporary certificate of occupancy accompanied by a letter of
violation and grant a delay of tree installation until the seasonal calendar
dates of June 1 or November 1, whichever occurs first, and the property owner
Shall place in an escrow account, established with the City, an amount which
shall cover the anticipated costs of
pan ings.
Ow
(e) Planting Sizes. The following specifications shall be met at the time of
planting:
(1) Lar a Deciduous Trees. This type of tree shall have a minimum trunk
diameter o 1 5 inches at a point six (6) inches above ground level,
and demonstrate the growth capabilities, branch formation, and crown
balance that is indigenous to the particular variety. The tree shall
be straight of trunk with the main leader intact.
(2) Small Deciduous Trees. This type of tree shall have a single stem
an a minimum trunk diameter of 1.5 inches, and demonstrate the
growth capabilities, branching formation and crown balance that is
indigenous to the particular variety. The tree shall be straight of
trunk with the main header intact.
(3) Coniferous Trees. This type of tree shall have a minimum height of 3
ee measure rom the planted level to the top of the tree. The
needle color and branching habits shall be normal for the species and
the overall appearance shall be indicative of previous care in
pruning and development.
(f) Maintenance. It shall be the responsibility of the owner of a lot to
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 accordance with
the provisions of Sec. 36 -76(j) -Screening and Sec.
36 -58(e) -Off-street Parking Requirements, may be used to satisfy the
requirements of the tree regulations provided they are of a variety
suitable for screening purposes, as listed in the above supplement,
and are allowed to grow to their mature height.
(4) References to "large" or "small" trees in subsequent paragraphs refer
to the mature height as scheduled in the "List of Recommended Trees
for Iowa City."
(5) Existing trees may be used to comply with the requirements of the
tree regulations.
(h) Site Plan. When provisions of the tree regulations are applicable, a site
("plot p an shall be submitted with the request for a building permit and
shall, in addition to the information normally required, include:
(1) the size and location of required planting areas;
(2) the mature height (small or large), location and type (evergreen or
deciduous) of existing and proposed tree plantings; and
(3) the location of existing trees within the right-of-way.
/638
Sec. 36-73 Requirements.
(a) Trees ad acent to and within street ri hts-of-wa . The following provi-
sions s a regu a e e planting o rees a 3acent to and within street
rights-of-way:
(1) Applicability.
a. Whenever there is a conversion or a new use established, the
requirements of this subsection shall be applicable to the entire
lot.
b. Whenever a principal building(s) is constructed, reconstructed or
structurally altered by one or more additions, the total of which
increases the
requirements h offthis subsectilor area on shalloretbe applicablhan ten e to the entire
lot.
If any provision of this Chapter would preclude the planting of
one or more trees adjacent to the right-of-way, the trees which
nnot be planted adjacent to the right-of-way shall be planted
within the right-of-way according'to the provisions of paragraph
(3). However, trees which cannot be planted in conformity with
the provisions of paragraph (3) may be omitted.
d. If the required number of trees exist within the right-of-way,
trees need not be planted adjacent to the right-of-way. Addi-
tional trees required shall be planted adjacent to the
right-of-way except as provided in subparagraph c above.
(2) Required tree planting adjacent to street rights-of-way. Trees shall
be planted adjacent to street rights-of-way and meet the following
conditions:
a. Large trees shall be planted at a minimum ratio of one tree for
every 40 feet of lot frontage or for small trees, every 30 feet
Of lot frontage. In the case of a corner lot, only one (1) tree
for every 60 feet of lot frontage shall be required.
b. Trees shall be planted adjacent to street rights-of-way within
fourteen (14) feet of the right-of-way line for large trees and
within eight (8) feet of the right-of-way line for small trees
but not closer than four (4) feet to a public sidewalk or the
anticipated location of a future public sidewalk where one does
not now exist.
C. Small trees shall not be located closer than eight (8) feet to a
building and large trees shall not be located closer than 14 feet
to a building.
d. Large trees shall be spaced no closer than 30 feet apart, or for
small trees, no closer than 16 feet apart, except along streets
where screening is appropriate or required. In the latter case,
1638
trees shall be planted in accordance with the provisions of Sec.
36-76(j) and be of a variety suitable for screening purposes as
designated in the "List of Recommended Trees for Iowa City."
e. Trees shall be located within planting areas and separated from
parking areas pursuant to the requirements of paragraph (b)(2).
f. At street intersections, trees shall not be located within 70
feet of the intersection of curb lines along arterial streets,
within 50 feet along collector streets, or within 30 feet of the
intersection of curb lines along local streets. In cases where
two different types of streets intersect, the location of the
tree shall be determined by the type of street adjacent to the
proposed tree.
g. Trees shall be placed to avoid interference with the construc-
tion, maintenance and operation of public and private utilities
and services above or below ground as determined by the utility
companies and the City Engineer.
Any trees adjacent to street rights-of-way shall be maintained in
accordance with the applicable provisions of Chapter 34 of the
Iowa City Municipal Code.
(3) Placement of trees within street rights-of-way. Trees shall be
planted within the right-of-way only in those cases in which trees
cannot be planted adjacent to the street right-of-way and shall meet
the following conditions:
a. A tree planting permit shall be obtained from the City Forester.
b. Trees shall not be located within four (4) feet of a public
sidewalk or the anticipated location of a future public sidewalk
where one does not exist. Trees shall not be located within five
(5) feet of the curb. Ho trees shall be planted in the area
between a curb and a sidewalk where the width of the area is less
than nine (9) feet.
C. At street intersections, trees shall •not be located within 70
feet of the intersection of curb lines along arterial streets,
within 50 feet along collector streets, or within 30 feet of the
intersection of curb lines along local streets. In cases where
d. At the intersection of a street and an aisle or a drive and at
the intersection of a street and an alley, trees shall not be
located within 15 feet of the drive, aisle or the right-of-way
line of the alley.
e. •Large trees shall be placed no closer than 30 feet apart or
located closer than 14 feet to a building. Small trees shall be
located no closer than 16 feet apart but may be located to within
eight (8) feet of a building.
103
f. Trees shall be placed to avoid interference with the construc-
tion, maintenance and operation of public and private utilities
and services above or below ground as determined by the utility
companies and the City Engineer.
g. Any tree planted within the street right-of-way shall have a
single trunk, with a minimum of four (4) feet from grade to the
first branch at the time of planting, and shall conform to the
requirements of Chapter 34 of the Iowa City Municipal Code.
(b) es ofrnareas.
The
llirprovisions
shoeate t propiate
erty:
(1) Applicability.'
a. New parking areas. Whenever the total number of parking spaces
required or provided on a lot exceeds 18 parking spaces, the re-
quirements of this subsection shall be applicable. Screening of
any parking area shall be provided as required in Sec.
36 -58(e) -Off-street Parking Requirements, and may be used to
satisfy the requirements of the tree regulations.
b. Existing parking areas. This subsection shall apply to an
existing parking area under the following conditions:
J. if the number of parking spaces in an existing parking area
is increased'to accommodate more than 18 parking spaces, the
parking spaces in excess of 18 shall comply with the require-
ments of this subsection.
2. If an existing parking area which provides more than 18
parking spaces is increased in area, the additional parking
spaces shall comply with the requirements of this subsec-
tion.
3. If an existing parking area does not have a permanent
dust -free surface and is required to be surfaced or altered
in any way, the provisions of this subsection shall apply as
if the parking area had not previously existed.
c. Parking ramps, covered parking areas, and parking areas that are
an integral part of a building shall be exempt from the require-
ments of this subsection.
(2) sharetree
proviplanting
iparkin
bTrees
planting
llbe dedwithin and autting theperimeterof parking
area(s) and meet the following conditions:
a. Planting areas shall be located so every parking space or portion
thereof i
e within a
planting area' toroe small size e
60 feet from alarge sizetreewithina planting
area.
1638
b. Planting areas shall be separated from parking spaces, drives,
and alleys by an unmountable curb or barrier a minimum of five
(5) inches in height. The curb or barrier shall be constructed
in such a manner that saltwater runoff will not damage the tree.
c. Only small trees shall be allowed in small planting areas and
they shall be planted at a ratio of no more than one tree for
each 120 square feet of planting area. Large trees shall be
allowed only in large planting areas and shall be planted at a
ratio of no more than one tree for each 256 square feet of
planting area.
d. Small trees shall be located a minimum of four and a half (4 1/2)
feet from the edge of a planting area and large trees shall be
located d minimum of four and a half (4 1/2) feet from the edge
of a planting area.
e. Trees shall not be located within four (4) feet of a public
sidewalk or the anticipated location of a future public sidewalk
where one does not exist.
(c) Trees on private property for residential uses. The following provisions
shall regulate the planting of trees for residential uses, except for
single-family residences.
(1) Applicability.
Whenever a building containing a residential use is constructed,
reconstructed, or structurally altered by one or more additions, the
total of which increases the floor area by more than ten (10)
percent, the requirements of paragraph (2) shall be applicable to the
entire lot.
(2) Required tree planting for residential uses. Trees shall be planted
on a lot with a residential use and meet the following conditions:
Trees shall be planted at the minimum ratio of one tree for every
550 square feet of total building coverage of the lot. In lieu
of trees with a minimum diameter of 1.5 inches, deciduous trees
with a minimum trunk diameter of 2.5 inches at a point six (6)
inches above ground may be planted or existing trees with this
dimension may be kept at the discretion of the City Forester, at
a ratio of one tree for every 1000 square feet of total building
coverage of the lot. Where residential uses are combined with
other uses, the building coverage shall be determined on the
basis of the greatest amount of residential floor area of any
floor that is wholly or partial.ly devoted to a residential use.
Trees planted to fulfill the requirements of Section 36-73(a)
-right-of-way trees, and Section 36-73(b) - parking area trees,
may be used to fulfill the requirements of this subsection.
Small trees shall not be located closer than eight (8) feet to a
building and large trees shall not be located closer than 14 feat
to a building.
/638
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.
At street intersections, trees shall not be located within 70
feet of the intersection of curb lines along arterial streets,
within 50 feet along collector streets, or within 30 feet of the
intersection of curb lines along local streets. In cases where
two different types of streets intersect, the location of the
tree shall be determined by the type of street adjacent to the
proposed tree.
e. Small trees shall be planted in a minimum planting area of 120
square feet and located a minimum of four and a half (4 1/2) feet
from the edge of a planting area. Large trees shall be planted
in a minimum planting area of 256 square feet and located a
minimum of four and a half (4 1/2) feet from the edge of a
planting area.
SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with
the provision of this ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final
passage, approval and publication as required by law.
Passed and approved this 28th day
ATTEST: //l Q ,4 t% w
CITY CLERK
of. August 1984.
v
MAYOR
Jmlved i Approve
By The Legal pepertmeed
. g 4 41r
c
M
It was moved by Erdahl and seconded by Strait that
the Ordinance be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x_ Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strdit
Zuber
First Consideration 8/14/84
Vote for assage. Ayes: Baker Ambrisco,
btckson,r ahl, McDonald, Strait. Nays: None.
REPWCon� 9&ation xxxxx
Vote for passage:
Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings urior to the
meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time.
Ayes: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait.
Nays: None. Absent: Zuber.
Date published September 5, 1984
1638
LIST OF RECOMMENDED TREES FOR IOWA CITY**
ul C C
u C = w U
61 •� vL V
L L y L u u
DECIDUOUS VARIETIES (large) O L
I h G¢ 0 3 v
Ash
i, White
Green & varieties
Beech
American
Blue
I
Birches
European & varieties
Elm
American (D.E.D.resistant varieties)
Ginkgo & varieties
Hackberry
Hawthorne
Cockspur
Downey
Washington & varieties
Green
Hickory
Shagbark
Pignut
Mockernut
Hybrid Locust & varieties
Hop Hornbeam
Hornbeam
European & varieties
Katsura
Kentucky Coffee Tree
X
X
X
X
Some problems with disease and
X
X
X
Widespreading, good fruit re-
X
X
Thorny, large fruits - messy
X
X
30
X X
X X X X
X X X X
X
X
XI
X
X
X
X
X
X
X
X
X
X
X
10
X
X
X
X
X
X
EI
X
X
X
X
Xi
RE14ARKS
Recommended 100
Recommended 60
Some problems with city 90
conditions
Pest problems - not recommended 60
for streets 1
120
Slow growing, few pest problems 100
Susceptable to Witches Broom,
75
pest problems
Some problems with disease and
insect pests
Widespreading, good fruit re-
36
tention, thorny
Thorny, large fruits - messy
30
Good ornamental; pyramidal form
30
Spreading form
36
Nuts can be a problem
Picturesque bark
120
Nuts
120
Nuts
90
Pest problems - requires extra
35 -
maintenance
Fairly free of disease and in-
60
sect pests
Hardiness may be a factorI 60
Generally pest free, has 60-
clumping tendency
Pods I g0
163$
LIST OF RECOMMENDED TREES FOR IOWA CITY**
DECIDUOUS VARIETIES (Large)
ut
L
v"i
Ol
L d
a¢
N
m
u
�
L
o
M V,
as
M
M O
�+L
a u
REMARKS
y
X a�
O.•� Q
¢ 4
Larch
European
X
Drops needles, interesting
100
cones
Linden
Some insect problems
Pyramidal American
X
X
X
Large leaves
90
50
Little leaf & varieties
X
X
X
Slower growing
120
Big leaf & varieties
X
X
Not a good street tree
*London Plane
X
X
X
Requires extra maintenance
80 -
Maple
*Norway & varieties
X
X
X
X
Dense shade, generally good
90
for most uses
Red
X
X
Adapts to wet soil
120
Sugar & varieties
X
X
Girdling roots, have problems
120
with city conditions
Oak
White
X
X
X
Slow growing, very large at
90•
maturity
Swamp White
X
Adapts to wet soil
60
75
Scarlet
X
X
X
Difficult to transplant
Shingle
X
i X
X
Ornamental bark
75
Pin Oak
X
X
Requires extra maintenance
75
English & varieties
X
X
X
Little fall color, hardiness
75•
may be a factor
Red
Ohio Buckeye
X
X
Good fall color
Pear
Bradford Callery Pear
X
X
X
X
rs
resistant
45
to FireBlight
Poplars
X
Ornamental, short-lived
90
Quaking Aspen
Nearly all bear fruit to vary-
Prunus
ing degrees
Black Cherry & varieties
X
Ornamental, drooping branches
90
Serviceberry
X
X
Good ornamental, some pest
60
Shadblow
problems
X
X
X
Hardiness may be a factor
120
Sweet Gum
X
X
X
Requires extra maintenance
80
Sycamore
Tulip Tree (Liriodendron)
X
Reasonably free of disease and
150
insect pests
Walnut
(Nuts can be a problem
1635
Butternut
I
I rcT nc Drrn1AMCNnpn Tocrc MD Mian rrTV*+
LIST OF RECOMMENDED TREES FOR IOWA CITY**
DECIDUOUS VARIETIES (Small)
Ormiston Roy
Radiant
Sargent
Vanguard
Zumi
Red Splendor
Van Eseltine
Maple
Amur & varieties
Montpelier
Tartatian
Norway varieties (small)
Columnare
Crimson King
Prunus
Shubert
Red Bud
Eastern & varieties
Russian Olive
Willow
Corkscrew
01
n in N W
C u ^ L O, -
a
REMARKS
X Single flowers - pale pink to 24
white
Hardy, red buds to pink flowers 30
X White flowers, shrub form, pest 8
problems
Single rosy pink flowers, vase 18
shaped
Good specimen, fragrant
flowers
Ornamental, hardiness may be a
problem
Needs little maintenance, hardi
ness may be a problem
X Pyramidal
X Hardiness sometimes a problem,
good color
All quite short-lived, insect
problem
Hardy, interesting
New Rosy reds are interesting,
susceptible to weed spray
X Thorns, disease prone
Insect pests, ornamental use
20
25-:
30
25
40
30
36
35-
30
LIST OF RECOMMENDED TREES FOR IOWA CITY**
UPRIGHT
EVERGREEN VARIETIES(Large & Medium)
y
v
"
N
0 L
o a
N
L
o
V VI
y V
in
�'�
a v
REMARKS
U
J
X J
<
< L
American Arbor Vitae
X
X
Adapts to wet soil, bronze
60
*Pyramidal Arbor Vitae
X
X
winter color
Makes excellent screening plant
30
Douglas Fir
X
X
Good ornamental (large)
150
Firs
*White (Concolor)
X
X X
Bluish -green color
1120
Hemlock
Canada & varieties
X
X
Adapts to wet soil
90
Carolina
X
X
Excellent specimen tree
75
Junipers - upright
*Eastern Red Cedar & varieties
X
X
Hardy,.prefer alkaline soil,
Up
makes excellent screening plant
Pine
Austrian & varieties
X
X
Rapid growth rate, pyramidal
90
Red or Norway
X
Pests controlled by spraying,
75
Eastern White & varieties
X
reddish bark
Good ornamental, transplants
100 -
Scotch & varieties
X
easily
Unique form, not a good shade
75
tree
Spruce
Norway & varieties
X
Mature trees thin out at top,
150
Engelmann & varieties
X
dark green
Good ornamental, blue green in
150
color
White & varieties
X
X
Hardy, endures heat and drought
90
*Colorado & varieties
X
X
X
Insect pests, doesn't grow old
100
gracefully
Yews
*Japanese
X
X
Good ornamental, dark green in
Up t
color, makes excellent screen-
ing plant
**Trees not included on the "List of ReconmElded
Tr
es f
r Iowa City" may be used to
fulfill the requirements of this Divisi n
ipon
ap
rova
of the City Forester.
1/ 2e
ORDINANCE N0. 84_3198
ORDINANCE TO AMEND THE OFF-STREET PARKING
REQUIREMENTS OF THE ZONING ORDINANCE TO
INCLUDE PROVISIONS FOR TRAFFIC ISLANDS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That Section 36-58(c)(2)h be
e3 ieFe=r o the .Zoning Ordinance and the
following be inserted in lieu thereof:
h. Parking spaces along lot lines and
alleys shall be provided with car
stops or curbing so no part of a
parked vehicle can extend beyond the
lot line or into the alley. In
addition, traffic islands of pervious
or impervious material shall be
located so that parking spaces are
separated from drives and alleys in a
manner similar to that illustrated
below:
111111 ♦;!
' IwR Y7�
SECTION II. This ordinance shall be in
Tulliorce and effect when published by
law.
SECTION III. REPEALER. All ordinances
and pars of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
section prov s on or par of the Ordi-
nance s;apl be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or un-
constitutional.
SECTION V. EFFECTIVE DATE. This Ordi-
nance shall e 9 a ec a er its final
passage, approval and publication as
required by law.
/639
Page 2
Passed and approved this 28th day of
Aub st, 1984.
v
�s�)MAYOR
ATTEST. 2kzd4' fT-cdwR ,—
It was moved by Erdahl and seconded by Strait
that the Ordinance as read --5—e-2 adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
—3i ZUBER
First consideration 8/14/84
Vote for passage:
Ayes: Dickson, Ambrisco, Baker, Erdahl,
McDonald, Strait. Nays: None.
Absent: Zuber.
Second consideration X)M
Vote for passage
Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second
consideration and vote beivaived and the ordinance be voted upon for final
passage at this time.
Ayes:. �k:Donald, Ambrisco, Baker, Dickson, Erdahl, Strait.
Nays: None. Absent: Zuber.
Date published September 5, 1984
W7
ORDINANCE NO. 84-3199
ORDINANCE TO AMEND THE ZONING ORDINANCE TO
INCLUDE A DEFINITON OF PLANTING AREA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That Section 36-4(t)(4) be
e ete rom the Zoning Ordinance and the
following be inserted.
Section 36-4(p)(7.1) Planting Area. An
unpaved pervious area intended or used
for the placement of a tree.
SECTION II. This ordinance shall be in
full force and effect when published by
law.
SECTION III. REPEALER: All ordinances
and pars of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
section, provision or par of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DATE: This Ordi-
nance shall e in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 28th day of
August, 1984.
/MAYOR
ATTEST:
CITY CLERK
Received & Approved
By The Legal ep rtment
k .2 Y
106
It was moved by Erdahl and seconded by Strait
, that the Ordinance as read be adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X EROAHL
X MCDONALO
X STRAIT
X ZUBER
First consideration 8/14/84
Vote forDDassag4
Ayes: Erdahl, M risco, Baker, Dickson,
McDonald, Strait. Nays: None.
Absent: Zuber.
Second consideration xxxx
Vote for passage
Dbved by Erdahl, seconded by Strait, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings prior to the
meeting at which it is. to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time.
Ayes: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait.
Nays: None. Absent: Zuber.
Date Published September 5, 1984
ORDINANCE NO. a4-3200
ORDINANCE AMENDING SECTION 35-33 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA.
SECTION I. PURPOSE. The purpose of this
amendment is to provide for City inspec-
tions of motor vehicles used as taxicabs
as a prerequisite to issuance of a taxicab
license. The existing City Code section
provides that taxicabs must conform to the
requirements of mechanical fitness as set
forth in the Code of Iowa. However, the
Code of Iowa has been amended to repeal
the requirements of mechanical inspections
by the state.
SECTION II. AMENDMENT. Section 35-33 of
the Code of Ordinances of the City of Iowa
City, Iowa, is hereby repealed and
substituted in its place is the new
Section 35-33:
Sec. 35-33. Mechanical inspection
prerequisite to issuance of taxicab
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 motor
vehicles used as taxicabs conform to
the requirements of 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 certificate of inspection
whenever it is believed that the
subject taxicab does not comply with
said requirements of mechanical
fitness.
SECTION III. REPEALER. All ordinances
and parts of ord nances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
section, provision or part of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
1644
SECTION V. EFFECTIVE DATE. This Ordi-
nance shall a in of ect after its final
passage, approval and publication as
required by law.
Passed and approved this 28th day of
August,
MAYOR
It was moved by Ambrisco and seconded by Dickson
that the Resolution as rea e a opted, and upon roll call t ere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X ERDAHL
K NCDONALD
X STRAIT
�— ZUBER
First consideration XXL
Vote for passage:
Second consideration p)=
Vote for passage:
Moved by Ambrisco, seconded by Dickson, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first and second consideration
and vote be waived and the ordinance be voted upon for final
passage at this time.
Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald.
Nays: None. Absent: Zuber.
Date Published 9/5/84
466