HomeMy WebLinkAbout1984-09-25 OrdinanceORDINANCE NO. 84-3202
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
I y of 3owa 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(a) Section 36-88(a) shall be repealed and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,
ivin notice of the time and lace of
e ear s na. which notice a e
on in
Council may set such public hearing
either before or after it submits the
proposed amendment, supplement,
change, modification or repeal to the
Commission for its recommendation, or
during the period while the Commission
is considering such matter.
(b) Section 36-88(b) shall be repealed and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
proposed change or repeal; or by the
SECTION 11. 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repealed.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 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.
Passeg and approved this 25th day of
ATTEST: ' F. C, _ C ERK r /
CITY K
:acaived d Approved
By Tho 1e3el Deparfmont
/4FD /
It was moved by Erdahl and seconded by Raker
that the Or finance as rea a adopted and upon roil call there
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
i
First consideration 9/11/84
Vote for passage:
Ayes: McDonald, Ambrisco, Baker, Dickson,
Erdahl, Strait, Zuber. Nays: None.
Second consideration xx M
Vote for passage
Moved by Erdahl, seconded by Zuber, 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 consideratiowand vote be waived and the ordinance be voted upon
for final passage at this time.
Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber.
Nays: None. Absent: Strait.
Date published: October 3, 1984
/ifD/
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF IOWA
CITY AND THE BOARD OF SUPERVISORS OF
JOHNSON COUNTY, ADOPTED UNDER THE PROVI-
SIONS OF CHAPTER 329 OF THE IOWA CODE,
ADOPTING ZONING REGULATIONS FOR THE
PREVENTION OF HAZARDS AND INCOMPATIBLE
USES SURROUNDING THE IOWA CITY MUNICIPAL
AIRPORT.
BE IT ORDAINED BY THE CITY OF IOWA CITY
AND BY JOHNSON COUNTY, IOWA:
SECTION I.PURPOSE. The purpose of this
ordinance, toa nown as the Johnson
County/Iowa City Airport Zoning Ordinance,
or the Airport Zoning Ordinance, is to
exercise to the fullest extent possible
the powers granted to muncipalities under
Chapter 329 of the Code of Iowa (1983)
relating to the restriction of airport
hazards in the vicinity of airports by
establishing airport overlay zones in
which airport hazards and incompatible
uses are prohibited.
SECTION II. FINDINGS. The City Council
o awa ty an a oard of Supervisors
of Johnson County find that airport
hazards and incompatible uses would
endanger the lives and property of users
of the Iowa City Municipal Airport, and
occupants of land and other persons in its
vicinity, and also would tend to destroy
or impair the utility of the airport and
the public investment therein; accord-
ingly, each municipality does hereby
declare that:
(a) The creation or establishment of an
airport hazard is a public nuisance
causing potential injury to those
served by the airport;
(b) It is necessary in the interest of
the public health, safety, and
general welfare that creation of
airport hazards and the establish-
ment of incompatible uses of land be
prevented, and that this be accom-
plished, to the extent legally
possible, by proper exercise of the
police power;
(c) The prevention of the creation or
establishment of airport hazards and
incompatible uses, and the elimina-
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1103
Ordinance No.
Page 2
tion, removal, alteration, mitigation
or marking and lighting of existing
airport hazards are public purposes
for which a municipality may raise
and expend public funds, as an
incident to the operation of the
airport, to acquire land or
property interests therein;
(d) Because of the propensity of sanitary
landfills for attracting birds, which
in turn are hazardous to aircraft in
flight, landfills are not considered
compatible with airport operations;
(e) It is highly desirable that there be
no structures or natural objects or
traverseways within the airport clear
zones; and
(f) Neither municipality shall become
liable for the expenditure of its
public funds unless such expenditure
shall have been approved in advance
by its governing body.
SECTION III. DEFINITIONS. The following
definitions onlyapply in the interpreta-
tion and enforcement of the airport
overlay zones.
(a) Airport. The Iowa City Municipal
Airport.
(b) Airport elevation. The highest point
of the airport's usable landing area
measured in feet above mean sea
level, which elevation is established
to be 661 feet.
(c) Airport hazard. Any structure, tree
or use of land which would exceed the
Federal obstruction standards as
contained in Part 77 -Subpart C of
the Code of Federal Regulations, as
revised March 4, 1972 (the "Federal
Aviation Regulations" or "FAR"), and
which obstructs the airspace required
for the flight of aircraft and
landing or takeoff at the airport or
is otherwise hazardous to such
landing or taking off of aircraft.
(d) Air ort La out Plan. A drawing in
rport Mas er Plan depicting
existing and future property lines
and facilities including but not
limited to runways, taxiways, aprons,
buildings and clear zones. The
Airport Layout Plan is a component
part of the Master Plan.
110Z
Ordinance No.
Page 3
(e) Air ort Master Plan. A comprehen-
sive plan for development of the
airport over a 20 year time period.
The Master Plan includes among other
things, aviation activity fore-
casts, determinations of needed
airport facilities, a financial
plan and proposed time schedule
for developing facilities included in
the Master Plan, and recommendations
for use of land on and adjacent to
the airport.
(f) Airport Overlay Zonino Map. The
charts or maps of the Iowa City
Municipal Airport upon which the
airport overlay zones are depicted.
i Copies of such map are on file in the
office of the City Clerk of Iowa
City, and in the office of the
Johnson County Auditor.
(g) Air ort grimary surface. A surface
longluuoinally centered on a runway
which extends 200 feet beyond the end
of a runway. The width of the
primary surface of a runway shall be
that width prescribed in Part 77 of
the Federal Aviation Regulations for
the most precise approach existing or
planned for either end of that
runway. The elevation of any point on
the primary surface is the same as
the elevation of the nearest point
on the runway centerline.
(h) Airspace height. For the purpose of
determining the height limits in all
zones set forth herein and shown on
the Airport Overlay Zoning Map, the
datum shall be mean sea level
elevation unless otherwise speci-
fied.
(i) Inner edge. The inner boundary of an
approach or clear zone which is
located 200 feet out from the
physical end of a paved runway
(except as otherwise noted). This
inner edge is perpendicular to the
runway center line.
(j) Instrument runway. A runway with an
existing instrument approach proce-
dure or for which an instrument
approach procedure has been approved
or planned.
1B-3
Ordinance No.
Page 4
(k) Light lane. An area on the approach
end of a runway reserved for the
installation of light bars to reduce
landing minimums on instrument
approaches. Usually 400 feet by 1600
feet with a slope of 50 to 1.
(1) Minimum descent altitude. The lowest
expressed in feet above
mean sea level, to which descent is
authorized on final approach or
during circle -to -land maneuvering in
execution of a standard instrument
approach procedure and where no
electronic glide slope is provided.
(m) Minimum enroute altitude. The
I i u e in a ec a ween radio
fixes which assures acceptable
navigational signal coverage and
meets obstruction clearance require-
ments between those fixes.
(n) Minimum obstruction clearance
altitude. The spec Pied altitude in
e ec etween radio fixes on VOR
airways, off -airway routes, or route
segments which meets obstruction
clearance requirements for the entire
route segment and which assures
acceptable navigationalsignal
coverage within twenty-two (22) miles
of a VOR.
(a) Runway, A defined area on an airport
prepared for landing and takeoff of
aircraft along its length.
(p) Visual rrw A runway intended
so e y i a operation of aircraft
using visual approach precedures
with no straight -in instrument
approach designationindicated no instrument
nonanFAA
approved airport layout plan or on
any planning document submitted to
the Federal Aviation Administration
SECTIINAIV by AIRPORTcometenZONESAND
authority
AIR -SPACE
HEIGHT LrMIAT16j�.t e provisions of thisn Section there are
hereby created and established certain
zones which are depicted on the Airport
Overlay Zoning Map. A structure located
in more than one (1) zone of the following
zones is considered to be only in the zone
with the more restrictive height limita-
tion. The various zones are hereby
established and defined as follows:
IPO
Ordinance No.
Page 5
(a) Horizontal Overlay (OH) Zone.
(1)
Defined. The land lying under a
horizontal plane 150 feet above
the established airport eleva-
tion, the perimeter of which is
constructed by swinging arcs of
10,000 foot radii from the
center of each end of the
primary surface of each runway
and connecting the adjacent arcs
by lines tangent to those arcs.
(NOTE: The radius of the
arc specified for each end of a
runway will have the same
arithmetical value. That value
will be the highest determined
for either end of the runway.
When a 5,000 foot arc is
encompassed by tangents connect-
ing two adjacent 10,000 foot
arcs, the 5,000 foot arc shall
be disregarded on the con-
struction of the perimeter of
the horizontal surface.)
(2)
Height limitation. No struc-
ture shall exceed 150 feet above
the established airport eleva-
tion in the OH Zone, as depicted
on the Airport Overlay Zoning
Map.
(3)
Use limitation. Sanitary
landfills shall not be permitted
in the OH Zone.
(b) Conical
Overlay (OC) Zone.
(1)
Defined. The land lying under a
surface extending outward and
upward from the periphery of the
horizontal surface of the OH
zone at a slope of 20 to 1 for a
horizontal distance of 4,000
feet.
(2)
Height limitation. No structure
shall penetrate the conical
surface in the OC Zone, as
depicted on the Airport Overlay
Zoning Map.
(3)
Use
ishall nnot
landfills be permitted
in the OC Zone.
(c) Approach Overlay (OA) Zone.
(1)
Defined. The land lying under a
surface longitudinally centered
on the extended runway center-
line and extending outward and
life -3
I
Ordinance No.
Page 6
upward from each end of the
primary surface. (NOTE: An
approach surface is applied to
each end of each runway based
upon the type of approach
available or planned for that
runway end.)
a. The inner edge of the
approach surface is:
1. 500 feet wide for
runways 12, 17, 30 and
35.
2. 1000 feet wide for
runways 6 and 24 (the
inner edge for runway 6
is 1200 feet from the
existing pavement).
b. The outer edge of the
approach surface is:
1. 1,500 feet wide for
runways 12 and 17.
2. 3,500 feet wide for
runways 6, 30 and 35.
3. 4,000 feet wide for
runway 24.
c. The approach surface zone
extends for a horizontal
distance of:
1. 5,000 feet at a slope of
20 to 1 for runways 12
and 17.
2. 10,000 feet at a slope
of 34 to 1 for runways
6, 24, 30 and 35.
d. The light lane for runway 24
is 400 feet wide beginning
at a point 490 feet south—
westerly on the runway
centerline from the center
of the end of the existing
runway pavement (including
any and all paved safety
areas). Extending for a
horizontal distance of 1600
feet northeasterly at a
slope of 50 to 1.
(2) Height limitation. No structure
shall penetrate the approach
surface in the OA Zane, as
depicted on the Airport Overlay
Zoning Map.
(3) Use limitation. Sanitary
landfills shall not be permitted
in the OA Zone.
/oir03
Ordinance No.
Page 7
(d) Clear Overlay (OCL) Zone.
(1) Defined. The land lying under a
surface longitudinally centered
on the runway centerline or
extension thereof and described
as follows:
a. Runway 6 - 1000 feet wide
beginning at a point 200
feet from the edge of the
existing runway on the
extended runway centerline
for a horizontal distance of
1000 feet; thence widening
uniformly to a width of 1425
feet at a distance of 2700
feet from the point of
beginning.
b. Runways 12 and 17 - 500 feet
wide at the inner edge of
the OA Zone; thence widening
uniformly to a width of 700
feet a distance of 1000 feet
from the inner edge.
c. Runway 24 - 1000 feet
wide beginning at a point
490 feet southwesterly on
the runway centerline from
the center of the end of the
existing runway pavement
(including any and all paved
safety areas); thence
widening uniformly to a
width of 1510 feet at a
distance of 1700 feet
northeasterly on the
extended runway centerline
from the point of beginning;
thence, at a distance of
1700 feet northeasterly from
the point of beginning the
width shall be 813 feet wide
and widening uniformly to a
width of 1010 feet wide at a
distance of 2390 feet
northeasterly on the
extended runway centerline
from the point of begin-
ning.
d. Runways 30 and 35 - 500 feet
wide at the inner edge of
the OA Zone; thence widening
uniformly to a width of 1010
feet at a distance of 1700
feet from the inner edge.
1943
Ordinance No.
Page 8
(2) Height limitation. Pio structure
shall penetrate the clear
surface of the OCL Zone, as
depicted on the Airport Overlay
l g43
Zoning Map.
(3)
Use limitations. No use
shall be permitted in the OCL
Zone in which there is con-
nected therewith a building
which according to the 1982
edition of the Uniform Building
Code, has an occupancy rating of
50 square feet of floor area
per person or less. In addition,
the following uses shall not be
permitted:
(a) Campgrounds.
(b) Fairgrounds.
(c) Hospitals and institutions.
(d) Motels and hotels.
(e) Nursing and custodial home.
(f) Residential uses.
(g) Restaurants and similar
eating and drinking
establishments.
(h) Sanitary landfills.
(i) Schools, including nur-
series, pre -kindergartens
and kindergartens.
(j) Stadiums.
(k) Storage of fuel or other
hazardous materials.
(1) Theaters.
(e) Transitional
Overlay (OT) Zone.
(1)
Defined. The land lying under
those surfaces extending outward
and upward at right angles to
the runway centerline and the
runway centerline extended at a
slope of 7 to 1 from the sides
of the primary surface and from
the sides of the approach
surfaces to the intersection
with the Horizontal Overlay (OH)
Zone.
(2)
Height limitation. No structure
shall penetrate the transitional
surface of the OT Zone, as
depicted on the Airport Overlay
Zoning Map.
(3)
Use limitation. Sanitary
landfills shall not be permitted
in the OT Zone.
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Ordinance No.
Page 9
SECTION V. USE RESTRICTIONS. In addition
to the a ove res ric ions on land, the
following special requirements shall
apply.
(a) Any person who proposes any develop-
ment of a height greater than an
imaginary surface extending outward
and upward at the slope of 100 to 1
for a horizontal distance of 20,000
feet from the nearest point of the
nearest runway shall notify the
Federal Aviation Administration
(FAA). One executed form set (four
copies) of FAA Form 7460-1, Notice of
Proposed Construction or Alteration
shall be sent to the Chief, Air
Traffic Division, of the FAA Regional
Office in Kansas City, Missouri, one
copy to the Iowa City Airport
Commission, and one copy to the
Johnson County/Iowa City Airport
Zoning Commission. (Copies of FAA
Form 7460-1 may be obtained from the
FAA. See Federal Aviation Regula-
tions, Section 77.13.)
EXCEPTION: No person is
required to notify the FAA Adminis-
trator of the construction or
alteration of any object that would
be shielded by existing structures of
a permanent and substantial character
or by natural terrain or topographic
features of equal or greater height,
and would be located in the congested
area of a city, town, or settlement
where it is evident beyond all
reasonable doubt that the structure
so shielded will not adversely affect
safety in air navigation. (See
Federal Aviation Regulations sec.
77.15.) It shall be the responsibil-
ity of the appropriate Building
Official, prior to issuance of a
building permit for such object, to
determine whether or not the shield-
ing satisfies the foregoing require-
ments.
(b) No structure shall be erected that
raises the published minimum descent
altitude for an instrument approach
to any runway, nor shall any struc-
ture be erected that causes the
/043
Ordinance No.
Page 10
minimum obstruction clearance
altitude or minimum enroute altitude
to be increased.
(c) Lighting.
(1) All lighting or illumination
used in conjunction with
streets, parking, signs or other
use of land and structures shall
be arranged and operated in such
a manner that it is not mislead-
ing or dangerous to aircraft
operating from the Airport or in
the vicinity thereof.
(2) The owner of any structure over
200 feet above ground level
shall install on the structure
lighting in accordance with
Federal Aviation Administration
Advisory Circular 70-7460 and
amendments.
(3) Any permit or variance granted
by the Airport Board of Adjust-
ment may be so conditioned as to
require the owner of the
structure or growth in question
to permit the City or the Iowa
City Airport Commission to
install, operate and maintain
thereon such markers or lights
as may be necessary to indicate
to pilots the presence of an
airspace hazard.
(d) No operations from any use shall
produce electronic interference with
navigation signals or radio
communication between the airport
and aircraft.
SECTION V1. NON -CONFORMITIES.
A. DEFINED - Any structure or portion
thereof which does not conform to the
provisions of this Ordinance relative
to height, and any use which is not
allowed within the Airport Overlay
Zone in which it is located by reason
of the adoption of Iowa City Ordinance
Nos. 83-3133 and 83-3160, or this
Ordinance, or subsequent amendments
thereto, is non -conforming.
B. REGULATIONS NOT RETROACTIVE - The
regulations prescribed herein shall
not be construed to require the
removal, lowering, or other change
to or alteration of any structure or
tree not conforming to the regulations
/Y03
Ordinance No.
Page 11
as of the effective date of this
Ordinance, or to otherwise interfere
with the continuance of any
non -conforming use. However, no
pre-existing non -conforming structure,
tree, or use shall be replaced,
rebuilt, altered, or allowed to grow
higher, or be replanted, so as to
constitute a greater airport hazard
than it was when these regulations
were adopted. Nothing contained
herein shall require any change in the
construction, alteration, or intended
use of any structure, construction or
alteration of which was begun prior to
the effective date of this Ordinance
and is completed within one (1) year
thereafter.
C. MARKING AND LIGHTING - Notwithstanding
the preceding provision of this
section, the owner of any
non -conforming structure or tree is
hereby required to permit the instal-
lation, operation, and maintenance
thereon of such markers and lights as
shall be necessary to indicate to the
operator of aircraft in the vicinity
of the Airport, the presence of such
airport hazards. Such markers and
lights shall be installed, operated,
and maintained at the expense of the
Iowa City Airport Commission.
SECTION VII. AIRPORT ZONING COMMISSION. A
Johnson County/Iowa City Airport Zoning
Commission shall be provided as follows:
The Airport Zoning Commission shall
consist of five members, two of whom shall
be appointed by the Board of Supervisors
of Johnson County and two of whom shall be
selected by the City Council of the City
of Iowa City, Iowa, and one additional
member to act as Chairman, who shall be
selected by a majority vote of the members
selected by the Board of Supervisors and
City Council. The terms of such members
shall be as provided by Section 329.9 of
the Iowa Code. As required by Section
329.9 of the Iowa Code, such Airport
Zoning Commission shall follow the
procedures provided in Sections 414.4 and
414.6 of the Iowa Code.
SECTION VIII. BOARD OF ADJUSTMENT. An
Airport Board of Adjustment Boar ") is
hereby established as follows:
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Ordinance No.
Page 12
The Board shall consist of five
members, two of whom shall be appointed by
the Board of Supervisors of Johnson County
and two of whom shall be appointed by the
City Council of Iowa City, and one
additional member to act as Chairman who
shall be selected by a majority vote of
the members selected by the Board of
Supervisors and City Council. The terms
of such members shall be as provided in
Section 329.12 of the Iowa Code. Such
Board shall have the powers and duties,
and shall follow the procedures, provided
by Sections 329.11 and 329.12 of the Iowa
Code.
SECTION Ix. SPECIAL EXCEPTIONS.
a he height and use limitations
contained in the Airport Overlay
Zones may be modified by special
exception granted by the Airport
Board of Adjustment. However, no
such special exception shall be
granted unless the Board finds, based
upon written advice from the Federal
Aviation Administration, and the
Aeronautics Division of the Iowa
Department of Transportation, that -
(1) In an application to permit any
structure, tree, or use of land
to exceed the height or use
limitations of the Airport
Overlay Zones, that such
structure, tree, or use of
land, would not obstruct
landing and take -off of aircraft
at the Airport.
(2) In an application to permit a
use of land otherwise prohibited
herein, that such use would not
be incompatible with airport
operations.
(b) An applicant for a special
exception hereunder shall, as part of
the application submitted to the
Board, file the required written
advice of the Federal Aviation
Adminstration, and the Aeronautics
Division of the Iowa Department of
Transportation. No application for a
special exception hereunder shall be
set for hearing by the Board until
such advice has been filed.
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Ordinance No.
Page 13
SECTION X. VARIANCES. Any person
esiring to erect, or increase the height,
of any structure, or to permit the growth
of any tree, or otherwise use property in
a manner which would constitute a viola-
tion of these regulations, may apply to
the Board for a variance from these
regulations. Such variances shall be
allowed only where a literal application
or enforcement of these regulations would
result in unnecessary hardship, and the
relief granted would not be contrary to
the public interest, but would do substan-
tial justice and be in accordance with the
spirit of these regulations and of Chapter
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 follow-
ing; Any such variance shall be subject
to a requirement that the person request-
ing 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 presence 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, operate, and maintain thereon
such markers and lights as may be nec-
essary 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
sea of the Iowa Code. —
MTION XI. ADMINISTRATIONAND ENFORCE -
MEN -m
e a .. s ra on o ese 65169
Regulations ations shall be performed 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
Commission may from time to time direct.
However, as provided by Section 329.13 of
the Iowa Code, such duties of enforcement
Mro 3
Ordinance No.
Page 14
and administration shall not include any
of the powers herein delegated to the
Board of Adjustment.
SECTION XII. EQUITABLE REMEDIES. The
City of Iowa City or the Iowa City Airport
Commission may, as authorized by Section
329.5 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.
SECTION XIII. CONFLICTING REGULATIONS. In
the event of any contliCt Fe—t—w—ee—n—These
Airport Zoning Regulations 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.
SECTION XIV. PROHIBITED ACTS. It shall
be unlawful for any person to do any of
the acts hereinafter stated unless a
special exception or variance from the
provisions of these regulations shall have
been allowed by the Board of Adjustment:
1. No person shall erect or increase the
height of any structure, or permit the
growth of any tree, to a height in
excess of that provided by 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 lines or
poles or other structures supporting
the same within 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 established by these
regulations in violation of the use
restrictions of these regulations, or
in such a manner as to create an
airport hazard as defined herein.
SECTION XV. PENALTIES. Each violation
of these regulations shall constitute a
misdemeanor and the perpetrator thereof,
upon conviction, shall be punished by a
fine of not more than $100 or by imprison-
/tf03
Ordinance No.
Page 15
ment for not more than 30 days. Each day
a violation occurs or continues to exist
shall constitute a separate offense.
SECTION XVI. REPEALER. All ordinances
and pars o or finances in conflict
with the provision of this ordinance are
hereby repealed. Sections 36-38 through
36-43 of the Iowa City Code of Ordinances
are also repealed hereby.
SECTION XVII. SEVERABILITY. If any
section, provision or part of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such ajudication 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 XVIII. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage by both the Board of
Supervisors of Johnson County and the City
Council of Iowa City, approval and
publication as required by law.
Passed and approved by the City
Council of Iowa City, Iowa, this
day of 1984.
MAYOR
ATTEST:
CITY CLERK
Passed and approved by the Board of
Supervisors of Johnson County, Iowa, this
_ day of , 1984.
CHAIRMAN
ATTEST:
/8'03
Ordinance No.
Page 16
It was moved by and seconded by
that the Ordinance as read be adopted by the CityCouncil of Iowa City
aan upon roll call vote there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Dickson
ErdahI
McDonald
Strait
Zuber
First consideration
Vote for passage:
Second consideration:
Vote for passage
Date published
It was moved by and seconded by
that the Ordinance as —'read adopted by the Johnson County Board of
Supervisors, and upon roll call there were:
AYES: NAYS: ABSENT:
Donnelly
Langenberg
Meyers
Ockenfels
Sehr
/94a3�
.�
��:
C::;�
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF THE
MORMON TREK BOULEVARD RIGHT -OF -NAY LOCATED
ON THE NORTH SIDE OF MORMON TREK BOULEVARD
BETWEEN PLAEN VIEW DRIVE AND THE IOWA CITY
CORPORATE LIMITS.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:'
SECTION I: That the fallowing -described
r g -a -way in Iowa City, Iowa, is hereby
vacated for use as a street:
Parcel A, as legally described on
Exhibit A attached; and
Parcel B, as legally described on
Exhibit B attached.
SECTION II: The above-described parcels
i o-TERF71l be subject to the easements
and restrictions of record, and Parcel A
i shall be subject to a 50 foot wide
drainageway easement as legally described
on Exhibit C attached.
SECTION III: This ordinance shall be in
ui1 force and effect when published by
law.
SECTION IV. REPEALER: All ordinances and
parts ot ordinances in conflict with the
provision of this ordinance are hereby
repealed.•
SECTION V. SEVERABILITY: If any section. _
Pprov son or par o e Ordinance shall
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall a in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
- MAYOR
ATTEST:
CITY CLERK
Received & Approve(
By The al Department
9 /
/gofe
It was moved by and seconded by
that the r finance as read be adopted and upon ra ca ere
were:
RYES: NAYS: ABSENT:
AMBRISCO
—'BAKER
—DICKSON
—ERDAHL
'— MCDONALD
-- STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
/god
EXHIBIT A
Commencing at an Iron Right -of -Way Pin with Tablet, found at a point on the
Northeasterly Right -of -Way line of Mormon Trek Boulevard, which Is 60 feet
normally distant Northeasterly of Centerline Station 5123+00; Thence
S42'02'50'E, alone said Northeasterly Right -of -Way line, 23.24 feet, to the
Westerly Corner of Lot 49 of Ty'n Cam Subdivision Part 3, Iowa City, Iowa as
Recorded in Plat Book 24, at Page 18, of the Records of the Johnson County
Recorder's Office, which is the Point of Beginning; Thence S42.02'30'E, along
said Northeasterly Right -of -Way line, 378.56 feet, to an Iron Right -of -Way Pin
with Tablet found, which is 113 feet normally distant Northeasterly of
Centerline Station 3119+00; Thence S32.02'30"E, along said Northeasterly
Right -of -May line, 132.00 feet to an Iron Right -of -Way Pin with Tablet found,
i which IS 110 feet normally distant Northeasterly of Centerline Station
3117+68.1; Thence S25.35120'E, along said Northeasterly Right -of -May line,
0.49 feet, to a point on the South line of the Northeast Quarter, of the
Northwest Quarter, of Section 20, Township 79 North, Range 6 West, of the 3th.
Principal Meridian, which Is the Southwest Corner of Lot 41 of said Ty'n Coe
Subdivision, Part 3. Thence N69.10137'W, along said South line of the
Northeast Quarter, of the Northwest Quarter, of Section 20, 83.42 feet, to a
Point which is 40 feet normally distant Northeasterly of the Centerline of
Mormon Trek Boulevard. Thence N34013'03'W, 438.38 feet, to a point which is 40
feet normally distant Northeasterly of Centerline Station 3122+73; Thence
N53.461350E, along the extended Southeasterly line of Cryn Drive 23.44 feet,
to the Point of Beginning. Said tract of land contains 0.60 acres sore or
less and is subject to the following described Drainageway Easement and all
other easements and restrictions of record.
/Fe f
EXHIBIT B
Commencing at an Iran Right -of -May Pin with Tablet, found at a point on the
Northeasterly Right-af-Way line of Mormon Trek Boulevard, which is 80 feet
normally distant Northeasterly of Centerline Station 5123+00; Thence
S56.46'65"W, 20 feet, to a point which is 40 feet normally distant
Northeasterly of said Centerline Station 5123+00; Thence N34.13105"W, 25.00
feet, to a point an the Northwesterly line of platted Gryn Drive in accordance
with the Plat of Subdivision Recorded In Plat Book 24, at Page 18, of the
Records of the Johnson County Recorder's Office and which point la 40 feet
normally distant Northeasterly of said Centerline of Marmon Trek Boulevard,
and is the Point of Beginning; Thence 934.13106"W, 130.80 feet, to a point
which is 40 feet normally distant Northeasterly of Centerline P.C. Station
5124+55.6; Thence Northwesterly , 481.1 feet along a line 40 feet radially
distant Northeasterly of, and concentric with gold Centerline, on a 2824.8
foot ot chord bers
N29.20rcurve,
concave Northeasterly,
to480.3
20"W. toaPointwhichIs40feet. radiallydistant oNortheasterlyoof
Centerllne P.T. Station S129+43.6; Thence N24.27135"W, 56.4 feet to an Iron
Right -of -Way Pin with Tablet, found on said Northeasterly Right -of -Way line of
Mormon Trek Boulevard, which is 40 feet normally distant Northeasterly of
Centerline Station 5130+00; Thence $38.26'60"E, along said Northeasterly
Right -of -Nay line. 387.40 feet, to an Iron Right -of -Way Pin with Tablet found,
which is 113 feet radially distant Northeasterly of Centerline Station
5126+10; Thence S23.13'S0"E, along said Northeasterly Right -of -Way line,
283.93 feet; to a point on said Northwesterly Right
treat
Line of Plotted
Gryn Drive; Thence 555.48'65"W, 24.86 feet, to the Point of Beginning. Said
tract of land contains 0.70 acres more or less, and is subject to easements
and restrictions of record.
/fid i<
EXHIBIT C
50 Foot Wide Drainagewav Easement
Commencing at an Iron Right -of -Way Pin with Tablet found at a point on the
Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 115 feet
normally distant Northeasterly of Centerline Station 5119+00; Thence
S32.02'50'E, along said Northeasterly Right -of -Way line. 9.40 feet to a point
on the Centerline of the existing 50 Foot Wide Orainageway Easement, as
Recorded in Plat Book 24, at Page 18, of the Records of the Johnson County
Recorder's Office and which point 13 the Point of Beginning on a 50 Foot Wide
Drainagemmy Easement the Centerline of which bears S23.40153'W, 88.13 feet, to
a point which is 40 feet normally distant Northeasterly of Centerline Station
311"3.74.
'Ity of Iowa City
MEMORANDUM
Date: August 10, 1984
To: Planning and Zoning Commission
From: Bruce A. Knight, Associate Planner
Re: V-8403. Partial Vacation of Mormon Trek Boulevard Right -of -Way
At the August 2, 1984, meeting of the Planning and Zoning Commission, a
question was raised regarding the above item as to whether adequate room will
remain for turning lanes after the vacation. As proposed, the vacation will
leave an 80 foot right-of-way on Mormon Trek Boulevard. The existing
pavement width of Mormon Trek Boulevard at its intersection with Gryn Drive
is 31 feet. Even at the optimum 12 foot lane width for a turning lane, and
assuming both a left-hand and right-hand turn lane were installed, the
maximum pavement width at this location would be 55 feet. It appears,
therefore, that adequate room is available.
bdw5/1
/Aa %4
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bruce Knight
Item: V-8403. Mormon Trek Blvd. Date: August 2, 1984
Right of Way
GENERAL I14FORMATION
Applicant:
Dynevor Inc.
1201 S. Gilbert
Iowa City, IA 52240
Requested action:
Vacation of a portion of Mormon
Trek Blvd. right-of-way.
Purpose:
To permit acquisition by the
applicant.
Location:
That portion of the Mormon Trek
Blvd. right-of-way lying adjacent
to the southwest boundary of Ty'n
Cae Subdivision, Part 3.
Size:
1.30 acres
Existing land use:
Undeveloped
Surrounding land use and zoning:
North - Residential and PDH -8
East - Residential and PDH -8
South - Single family residential
and County RS
West - Undeveloped and County R1A
Applicable regulations:
Chapter 364 of the Iowa Code,
1983
ANALYSIS
The applicant, Dynevor Inc., is requesting approval of the vacation of a
portion of the Mormon Trek Blvd. right-of-way lying adjacent to the
southwest boundary of Ty'n Cae Subdivision, Part 3. The right-of-way in
question represents excess land acquired by the Iowa Department of
Transportation for the construction of Highway 218, specifically for the
purpose of grading. It contains no utilities and its vacation will result
in an 80 foot right-of-way for Mormon Trek Blvd. That right-of-way width
would conform to the standards of the subdivision regulations for arterial
streets. The applicant is proposing to acquire this land and use it in
conjunction with lots 96A -96E, 91 and 98 of Ty'n Cae Subdivision, Part 3
the same area for which the applicant has requested the City's consent to
vacate. The entire area will then be replatted.
Although no utilities are contained within this right-of-way, a 50 foot
drainage easement does run to the edge of the existing right-of-way in the
southwest corner of Ty'n Cae Subdivision, Part 3. The extension of this
/0o�(-
Page 2
50 foot drainage easement should be maintained at the time the requested
right-of-way is vacated. The applicants have provided a legal description
of this area for that purpose.
STAFF RECOMMENDATION
Staff recommends that the requested portion of Mormon Trek Blvd.
right-of-way be vacated with a 50 foot drainage easement being maintained
as shown on the attached boundary survey.
ATTACHMENTS
1. Location map
2. Boundary survey and legal description
Approved by�2.. --
?epatment
a c meiser, Director
rof Planning and
Program Development
/do�4
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JUL 1 B 1984
CIN CLERK 3
1 certify that during the month of July, 1984, st the dIr.ctl.. a2 George
Nagle of Dynevor. Inc.. a survey was made under my supervision of ell that
portion of the Rlght-of-Nay of Mormon Trek Boulevard between Centerline
Station 5122.23 and Centerline Station 5130.00• which Is bounded on the
Northeast by the present Right -of -Wry line of said Nonan Trek Boulevard, and
an the Southwest by a line. 40 feet normally end/or radially distant
Northeasterly of, and parallel end/or Concentric with the eenterllne of sold
Mormon Trek Saul eve rd, and which portion Is more particularly described es
fellows:
C ..... cing at en Iron Right -of -Nay Pin with Tablet, found at a paint an the
Northeasterly Right -of -Noy line of Mormon Trek Boulevard, which is 60 feet
normally distant Northeasterly of Centerline Station 5123400, Thence
555146155-M. 20 feet. to a point which is 40 fact normally distant
Northeasterly of said Centerline Station 3123400; Thence N34.13.03•N, 23.00
feet, to a point an the Northwesterly line of platted Or" Drive In accordance
with the Plat of Subdivision Recorded In Plat Book 24, at Pep 18. of the
Records of the Johnson County Recorder's Office and which point is 40 feet
normally distant Northeasterly of said Centerline of Norman Trek Boulevard,
and Is the Paint of Beginning; Thence N34.13.05•N, 130.60 feet, to a point
which is 40 feet normally distant Northeasterly of Centerllne P.C. Station
3124455.6; Thence Northeasterly, 461.1 feat along a line 40 feet radially
distant Northeasterly of. and concentric with sold Centerllne, on a 2824.3
foot radius curve, Concave Northeasterly, whose 450.3 foot chord bears
N29.2012VW, to a point which 1. 40 feet, radially distant Northeasterly of
Centerllne P.T. Station 5129443.5: Thence N34.27'35RN, 58.4 fest to an Iron
Right -of -Way Pin with Tablet, found an sold Northeasterly Right -of -Nay line of
Mormon Trek Boulevard. which Is 40 feat normally distant Nartheesterly of
Centerline Station 5130400; Thence S3a•66.5GRg, along said Northeasterly
Right -of -Nay It... 367.40 feet. to an Iran Right -of -Nay Pin with Tablet found,
which 1e 115 feet radially distant Northeasterly of Centerline Station
3120410; Thence 523113150•[, along sold Northeasterly Right -Cf -WAY line,
283.93 feet. to a point on said Northwesterly Right -of -Nay Line of Platted
Or" nrlv.i Thence 553146155-N, 24.63 feet, to the Point of Beginning. Said
tract of land contains 0.70 acres acre or less, and Is subject to reasserts
end rastriations of record,
1 lurcher certify that the Plot as show le a correct representation of the
survey and all corners are marked as Indicated.
Robert 0. Mickelson Reg. No. 7030 Date
Subscribed to and sworn before on this _day of 19
Notary Public. In and for the State of laws
%. Ity of Iowa City
MEMORANDUM
Date: August 31, 1984
To: Planning and Zoning Commission n 1' /
From: Bruce A. Knight, Associate Plannerlf�,Yl( —
Re: Draft Language Amending the Off-street Parking Screening Requirements
At the request of Mercy Hospital, the City Council has referred to the
Planning and Zoning Commission a proposal to amend the off-street parking
screening requirements to allow for more flexibility. This request resulted
from the Board of Adjustment taking action to deny an application by Mercy
Hospital for a variance to the off-street parking screening requirements (see
attached staff report).
The following proposal would amend Section 36-58(e) Screening requirements by
adding subparagraph (4) which would empower the Board of Adjustment to grant
a special exception to modify the screening requirements under certain
circumstances.
(e) Screening requirements. In addition to the applicable requirements for
screening of Section 36-76(j), the following screening requirements in
connection with parking.areas shall be met:
(1) Where a parking area is provided on a lot within 50 feet of an
abutting lot with a residential use which requires four (4) or
fewer parking spaces, the portion of the parking area within 50
feet of the abutting lot shall be screened from view within the
abutting lot or at such time as provided in Section 36-76(j).
(2) Where a parking area is provided on a lot within 100 feet across a
street from a lot with a residential use which requires four (4) or
fewer parking spaces, the portion of the parking area within 100
feet shall be screened from view within the lot or at such time as
provided in Section 36-76(j).
(3) The materials for screening and placement shall comply with the
regulations of Section 36-76(j).
(4)
/0D.S
ORDINANCE NO. _
ORDINANCE AMENDING SECTION 36-58(e),
SCREENING REQUIREMENTS, OF THE ZONING
ORDINANCE OF IOWA CITY, IOWA.
SECTION I. PURPOSE. The purpose of this
amendment is to provide some flexibility
in the enforcement of off-street parking
screening requirements in those cases
where the public interest is better served
by some modified approach to screening.
SECTION II. AMENDMENT. Section 36-58(e)
OT_
e omng r finance "screening
requirements" is hereby amended by adding
the following paragraph:
(4) The Board of Adjustment may grant
a special exception to modify the
screening requirements when a parking
area requires screening as provided in
subparagraphs (1) and (2) above, when
neither the lot on which the parking
area is located and the lot abutting
or across the street are zoned RS.
I The special exception shall be subject
to all the requirements of Section
36-91(g) and may only be granted when
the applicant can demonstrate that
modification of screening requirements
would better serve the public interest
than would strict compliance with said
requirements. Public interest may
include but is not limited to reasons
of public safety or aesthetics. In no
case shall a special exception be
granted to modify the screening
requirements for a lot abutting or
across the street from a lot in an RS
zone.
SECTION III. REPEALER. All ordinances
and pars ot orainances 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.
/f05-
SECTION V. EFFECTIVE DATE. This Ordi-
nance snail a in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
emmer.
�s
Date:
To:
From:
Re:
.amity of Iowa City^
MEMORANDUM
August 31, 1984
Planning and Zoning Commission
Karin Franklin+2�
V-8416. Rezoning of 3.5 Acres
from Al to RS in Johnson County
The County has received a request from John and Margaret Sohm for the
rezoning of 3.5 acres north of Iowa City from Al (agricultural) to RS
(residential) The property consists of two 1.75 -acre parcels east of County
'Road F8W. The property in question is included in Area 4 of the Johnson
County/Iowa City' Fringe Area Policy Agreement.
Section IIA.3 of the Agreement states "Each request for zoning of property
within Areas specified in this Agreement will be forwarded to the City for
review and comment prior to the public hearing before the County Zoning
Commission. Any zoning change will conform with the policies identified for
the Area in which the requested change is located." The policy for Area 4 is
that "Residential development in this area should be discouraged, and
encouraged to take place in Area 3 and other parts of the county zoned for
residential development. Agricultural use is the preferred use in Area 4.
Residential uses for farm family purposes will be considered depending on
soil and site conditions."
The requested rezoning is not for a residential use for farm family purposes.
The staff finds, therefore, that the requ ed-zon'ng is inconsi tent with
the policy stated for Area 4.
Approved by. i
nald ScAmeiser, Director
epartment of Planning and
Program Development
bj5/7
/g06
ORDINANCE NO. 84-3203
AN ORDINANCE AMENDING THE ZONING ORDI-
NANCE, FLOOD HAZARD OVERLAY ZONES, TO
PROVIDE FOR THE ADOPTION OF PRELIMINARY
REVISED FLOOD MAPS AND A FLOOD INSURANCE
STUDY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this
ordinance is to permit the use of prelimi-
nary revised flood maps and flood insur-
ance study dated May 17, 1984 for the
implementation of the Flood Hazard Overlay
Zones.
SECTION II. AMENDMENTS. Chapter 36 of
e Iowa City Municipal Code entitled
Zoning Ordinance is hereby amended as
follows:
A. Section 36-31(c) is hereby repealed
and the following is adopted in lieu
thereof:
Section 36-31(c) Adoption of flood
maps and flood insurance study. The
Li y as adopted the preliminary
revised Flood Insurance Rate Map, the
Flood Boundary and Floodway Map and
the Flood Insurance Study dated May
17, 1984, provided by the Federal
Emergency Management Agency as the
official documents. No ordinance
related to these documents shall be
adopted or enforced based upon
modified data reflecting natural or
man-made physical changes without
prior approval of change . in the
documents by the Federal Emergency
Management Agency.
B. Section 36-32(d) is hereby repealed
and the following is adopted in lieu
thereof:
Section 36-32(d) Base flood
elevation/flood protection a e�T
The water surface elevation of the 100
year flood, which is shown on the
preliminary revised Flood Insurance
Rate Map (FIRM), assuming only that
encroachment on the floodplain that
existed when the preliminary revised
Flood Insurance Rate Map dated May 17,
1984 was adopted. Additional and
complete encroachment to the floodway
encroachment lines will cause the
water level to surcharge one (1) foot
Ordinance No. 94
Page 2
or less above the flood protection
elevation as shown in Table I of the
preliminary revised Flood Insurance
Study.
SECTION III. REPEALER: All ordinances
and pars of or finances in conflict with
the provision of this ordinance are hereby
repealed.
SECTIONIV. SEVERABILITY: If any
sec ton, provision or part of the Ordi-
nance shall beadjudged 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 be in effect after its final
passage, approval and publication as
required by law.
Passed andproved this 25th day of
September, 1980. / /�)
ATTEST:
Reostvad i Approved
By The Legal Department
Icfe
It was moved by Ambrisco and seconded by Erdahl
, that the Or finance as read be'adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
-R- ERDAHL
MCDONALD
_ X STRAIT
X ZUBER
First consideration
Vote for passage:
Second consideration Xr
I Vote for passage
Moved by Ambrisco, seconded by Erdahl, that the rule requiring ordinances
to be considered and voted on for passage at tav Council meetings prior to
the meeting at which it is to be finally passed be suspended, the first and
second considerationand vote be waived and the ordinance be voted upon for
final passage at this time.
Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Zuber.
Nays: None. Absent: Strait.
Date Published: October 3, 1984
Af07
.ah
ORDINANCE NO. 84-3204
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 and improve property values by conservation of historic
properties.
D. 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
'/:
OF
PRECEDING
OCUM NT
101
ORDINANCE NO. 84-3204
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 and improve property values by conservation of historic
properties.
D. 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.
+' Ordinance No. 84-320'
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.
/ieI
Ordinance No. R4-120,1,
—
Page 3
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 Comnission, 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.
G. A simple majority of the Comnission 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.
WA
Ordinance No. 84-3204^
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.
D. 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
such noticeashallsbe served bydordinarya m addressedntor "os
wner"oat
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
Ordinance No. 84-3M0
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 reoardina the Dr000sed area cha n ha
on an ordinance establishing the propose area as an
B. Within sixty L(60) days of the receipt of the report,
_.--- -- -• -••- - nw, we rlal ul RnJ anu coning Gamm15-
sion s a su mi i s reconmen 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
C. If
D.
is d
M
n, um UIIj UuunLII Shall suamir a aescription of the altered
propose 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.
/tfa8
Ordinance No. 84_32r--,
Page 6
ma
hall
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.
D. Upon the filing of such application, the Building Official shall
immediately notify the Historic Preservation Commission 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 Commission 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
setuilinforthgin the Jaor site nuaryropo 1979brevisedpeditionooftinctheoSecretaryaofathe
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
14re1
Ordinance No. 84-3204
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.
Any applicant aggrieved by any decision of the Commission may appeal
the mustabeion to the filed withCity the CitycClerksuch an no laterpthan 10 business dayseal must be in nafter
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.
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
M
Ordinance No. 84-320L.
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.
act. IV" IA. 6UMr811HILIIT WITH EXISTING ZONING REGULATIONS. Any new
ui ing 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 and publication as required by law.
Passed and approved this 25th day Se tembcr, ]O 4.
MARIAN KARR, CITY CLERK
Q delved A Approved
Ey The Legal Department
1?44 71fildY
It was moved by Ambrisco , and seconded by Dickson
that the Resolution as read be ad4ted, and upon roll call there were:
AYES: NAYS: ABSENT:
K AMBRISCO
X BAKER
X DICKSON
X ERDAHL
_T— MCDONALD
_ X STRAIT
—X— ZUBER
First consideration 9/11/84
Vote for passage:
Ayes: Dickson, Ambrisco, Baker, Erdahl,
McDonald, Strait. Zuber. Nays: None.
Second consideration XXL
Vote for passage:
Moved by Ambrisco, seconded by Erdahl, 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 considerationand vote he waived and the ordinance be voted upon
for final passage at this time.
Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald.
Nays: None. Absent: Strait.
Date Published: October 3, 1984
/fDor
ORDINANCE NO. 84-3205
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:
SECTIONI. That Section 36-20(c)(1) be
e e e 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 ord nances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. on SEVERABILITY. If any
sect on, prov sior 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 nd approved this 25th day of
September, 84.
MAY
ATTEST: �1nU J X.� tnJ
CITY CLERK
R9001v4i A Approv" ..
BY The Legal Da arhMM .
/R q
It was moved by Erdahland seconded by Zuber
, that the Or finance as read be'adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X EROAHL
X MCDONALD
X STRAIT
ZUBER
First consideration 9/11/84
Vote for passage:
Ayes: Erdahl, Ambrisco, Baker, Dickson,
Monald, Strait, Zuber. Nays: None.
Second consideration XM
Vote for passage
Moved by Erdahl, seconded by Zuber, 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 passage at this time.
Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald.
Nays: None. Absent: Strait.
Date Published October 3, 1984
h
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 18-32(b)(2)
OF THE HUMAN RIGHTS CHAPTER OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA.
SECTION 1. PURPOSE. The purpose of this
amendment is to delete from one of the
housing discrimination exemptions a
requirement that renters must pass through
the owner's living area and to clarify the
type of housing covered by this exemption.
SECTION 2. AMENDMENT. Section
18-32(b)(2) of the Code of Ordinances of
the City of Iowa City, Iowa, is hereby
repealed and substituted in its place is
the new Section 18-32(b)(2):
Sec. 18-32. Housing; exceptions.
(b) The following are exempt from the
provisions of this section:
(2) the rental or leasing of four
(4) or fewer rooms within a
single housing accommodation
by the owner of such housing
accommodation, if the owner
resides therein.
SECTION 3. REPEALER: All ordinances and
par s o or nances in conflict with the
Provision of this ordinance are hereby
repealed.
SECTION 4. SEVERABILITY: If any section,
pprovision or part of the Ordinance shall
be adjudged to be invalid or unconstitu-
tional,such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE: This Ordi-
nance s a e In effe—c-tafter its final
passage, approval and publication as
required by law.
Passed and approved this
ATTEST:
CITY CLERK
Received A Approved
By The Leg;l De arimerrl
9 rl
It was moved by and seconded by
.' that the r finance as read be'adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
jAMBRISCO
_ BAKER
DICKSON
ERDAHL
MCDONALD
= STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
/8/a
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE
CODE OF ORDINANCES OF IOWA CITY, IOWA, BY
REVISING THE REQUIREMENTS FOR MAINTENANCE
OF PUBLIC AREAS TO INCLUDE THE STRIPING
AND MARKING OF INDIVIDUAL PARKING SPACES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I: Section 17-7(v) of the Code of
OrOinantes of the City of Iowa City, Iowa,
is hereby repealed and substituted in its
place is the new Section 17-7(v).
(v) Maintenance of public areas.
(1) Every owner or operator of a
dwelling containing two (2) or
more dwelling units or more than
one rooming unit shall be
responsible for maintaining, in
a safe and sanitary condition,
the shared public areas of the
dwelling and premises thereof,
unless there is a written
agreement between the owner and
occupant to the contrary.
(2) Every owner or operator of a
dwelling shall maintain the
striping/marking of parking
spaces within off-street parking
areas for such dwelling as
required at the time of issuance
Of the building/occupancy permit
for such dwelling by the
off-street parking requirements
of the Zoning Ordinance (Chapter
36 of the Code of Ordinances of
the City of Iowa City).
SECTION III. REPEALER: All ordinances
and parts o ora nances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
sect on, prov s 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 whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
Ordinance No.
Page 2
SECTION V. EFFECTIVE DATE: This Ordi-
nance sha be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
,w.
ORDINANCE NO. 84-3206
ORDINANCE AMENDING SECTIONS 25-60(c),
25-61, AND 25-64(c) OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA.
BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA
SECTION I. PURPOSE. The purpose of this
ordinance is to provide for the addition
of two members to the Senior Center
Commission, one member to be appointed by
the City Council of the City of Iowa City
and one member to be appointed by the
Johnson County Board of Supervisors. The
secondary purpose is to provide minutes of
regular meetings to the Johnson County
Board of Supervisors.
SECTION II. AMENDMENT.
T. Section 25-60(a) is hereby repealed'and
substituted in its place is the following
new Section 25-60(a):
Section 25-60
(a) The Senior Center Commission shall
consist of nine (9) members, six
(6) of whom are appointed by the
City Council and three (3) of whom
are appointed by the Johnson
County Board of Supervisors.
2. Section 25-61 is hereby repealed and
substituted in its place is the following
new Section 25-61:
Section 25-61. Terms.
The term of office of each member shall
be three (3) years commencing on
January 1 of the year of the appoint-
ment. However, the two additional
appointments authorized by Ordinance
No.84-3206, shall be for initial terms
ending December 31, 1985, and one
ending December 31, 1986, in the
following manner:
One new member shall be appointed
by the City Council for a term
ending December 31, 1985;
One new member shall be appointed
by the Board of Supervisors for a
term ending December 31, 1986.
Subsequent to these initial terms, said
two additional appointments shall also
be for three (3) year terms commencing
on January 1 of the year of appoint-
ment.
Ordinance No. 84-3206
Page 2
3. Section 25-64(c) is hereby repealed and
substituted in its place is the new
Section 25-64(c):
Section 25-64.
(c) "Minutes." Minutes of all
regular meetings shall be
distributed to the Senior Center
Commission and the Johnson
County Board of Supervisors at
least three days prior to the
next scheduled meeting of each
respective organization. The
City Manager and City Council
shall receive copies of the
approved minutes one week after
the meeting wherein the minutes
were approved.
SECTION III. REPEALER: All ordinances
and parts of ordinances 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.
SECTION V. EFFECTIVE DATE: This Ordi-
nance shall e n e ect after its final
passage, approval and publication as
required by law.
Passed and approved this 25th day of
September, 19✓t.
ATTEST:
Rocolvod & Approve!
By The Leval Department
gx291-
gf,5
It was moved by Erdahl and seconded by Dickson
, that the Or finance as rea a and
and upon ro cil�iT
were:
AYES: NAYS: ABSENT:
i A
X
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
First consideration 8/28/84
Vote for passage:
Ayes: McDonald, Ambrisco, Baker, Dickson,
Erdahl, Strait. Nays: None.
Absent: Zuber.
Second consideration 9/11/84
Vote for passagge
Ayes: Strait, Ambrisco, Dickson, Erdahl,
McDonald, Zuber. Nays: None.
Absent: Baker.
Date published October 3, 1984
P
AIV
ORDINANCE NO.'Y,."-e j
ORDINANCE AMENDING SECTIONS 5-6(a) AND
5-6(d) OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA.
SECTION I. PURPOSE. The purpose of these
amendments is to reduce the minimum square
feet requirement for dancing licenses from
200 square feet to 150 square feet and to
base the annual license fee upon the same
reduced square footage.
SECTION II. AMENDMENTS.
1. ection -UTET--of ET--ofthe Code of Ordi-
nances of the City of Iowa City, Iowa, is
hereby repealed and substituted in its
place is the new Section 5-6(a):
Sec. 5-6. Dancing restricted in
connection with business:
(a) When allowed. Dancing is hereby
authorized in connection with the
operation of a liquor control license
or a Class B beer permit in estab-
lishments having at least one hundred
fifty (150) square feet for dancing
subject to the licensing provisions
and regulations of this Code and the
statutes of the state.
2. Section 54(d) of the Code of Ordi-
nances of the City of Iowa City, Iowa, is
hereby repealed and substituted in its
place is the new Section 5-6(d):
(d) License fee. The annual license
fee shall be fifty dollars (;50) for
each one hundred fifty (150) square
feet of dancing area. Such fee shall
be prorated for fractions of the
square foot requirements. The
initial license shall be valid for
the same time period as applicant's
liquor control license or Class B
beer permit, and the cost shall be
prorated on that basis of time.
SECTION III. REPEALER. All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
sectio'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.
1"6
It was moved by and seconded by
, that the Or finance as read be adopted and upon ro ca ere
were:
First consideration 8/28/84
Vote for passage:
Ayes: Ambrisco, Dickson, McDonald, Strait.
Nays: Baker, Erdahl. Absent: Zuher.
Second consideration 9/11/84
Vote for passage
Ayes: Dickson, Ambrisco, McDonald, Strait,
Zuber. Nays: Erdahl. Absent: Baker.
Date published