The URL can be used to link to this page

Home My WebLink About1983-09-27 Correspondence6' 1. SUMMARY OF RECEIPTS AUGUST, 1983 TAXES $ 85;580.26 LICENSES & PERMITS 27,849.33 FINES & FORFEITURES 28,796.68 CHARGES FOR SERVICES 503,153.95 INTERGOVERNMENTAL REVENUE 446,152.77 USE OF MONEY & PROPERTY 461,975.58 MISCELLANEOUS RECEIPTS 10,139.16 TOTAL GENERAL 1,563,647.73 312 LOAN LEASED HOUSING 5,423.93 OTHER HOUSING 10,091.86 TOTAL SPECIAL 15,515.79 GRAND TOTAL $ 1,579,163.52 _._..�..n_.,:-.;._12CROFMED. BY..-__:._<_�. DORM-MICR+LA9 -CEDAR RAPIDS • DES MOINES I F i i 4 i I CITY OF IOWA CITY FINANCIAL SUMMARY .AUGUST. 1983 BEGINNING Al0)JUSTMENTSBALANCE ENDING FUND 111BALANCET C BALANCE l FUND/ACCOUNT FUND BALANCE RECEIPTS DISBURSEMENTS 70 BALANCE BALAIICE 00 j .GENERAL 432.773..64 535.056.40 1,071.335.35 13d, 505. 23 35.000 06 35.000 00 606.233.39 20.067.41 10,625.00 .00 615.675 d0 584,003 92 30.791 8S DEBT SERVICEJJ CAPITAL PROJECTS 2,940.165.52 -- 369,172.27 L 034, 440. eb -163.109.92 2,438,006 BS 2, 438.00e 85 I ENTERPRISE . '.4,197.336,.97 678,468.77 504.290.57 -209,533.00 4.161.974.77 3, 931, G19 09 230.354 2d 'i 6.892.634.49 224.162.03 115.067.70 00 7.001.729.62 b. 744, 915 70 256,813 84 �.,ipUST 4 AGENCY.. INTRAGOV. SERVICE 774.819.49 1.029.710.65 1.125.962.70- -138,197.14 540, 37030 706.907 04 -166,537 34 .00 67.765 90 .7,765 90 0) SPECIAL ASSESSME14T .66.063.16 1.702.74 .00 1 SPECIAL REVEWUE - 381 590 18 220,126,70 289.747.06 46,114.99 358-004 OI' 145-127-29--- 212 95G -7d 16.291.616.94 3.078.467 BS 4,151.478 04 _-_ -______00 IS 210_606 a5 11-654 27 _7_- 564_379 30_ i SUBTOTAL __________________-------------------------------------------- ------ - 00 Ib, 350 '29 .00 1b. 350. 29 I PAYROLL 2t 133, 61 770, 698. 86 775. 402. 10 00 159, 55. 52 I , �: 239,010,67 5,423.93 04.682.08 .00' 159,552.52 LEASED NOUS IIIG 00 Op JJ ')0 00 .00 .OD IC HOUS INO AUTHORITY 109,020.25 8,517.30 12.475.63 .00 105,069 92 1S dbl d4 92,20000 PUBLIC HOUSI14G t! DO 7.05 00 7.05 MOD REHAB - 13.00 .05 5.20 .00 .00 23.486.50 5,171 29 10 315 21 HOUSING 22004 21,911.99. 1 574.51 __ ___ __ _ -y _____ .... _ �. _ ._____ ----------------- 391 097 52 786.2t4.65 872,845.09 00 304,467. U8 10.033:13---------------- 391,097.52 : 206 433 95 SUBTOTAL -__- -e- -___`v __v-______........................... vvvvvvv.,cm., -_-' ___-¢ z:-- ` . .v . . GRAND TOTAL 16.682,714.36 3,864,602.50 5.1124.323.13 00 15,523.077 73 14,62 bD 4) 850 dll 33 .v.emm.v vv 15,5 3,073 .+ v v .c • TI/E E1tCEP110q Of PAYROLL AND 31: WAN AS OF OCT. -1902, CHECK.; E G NO ACCOUNT BALANCER ARITEREST OEARIIJO'ACCOUNfB IIITH 1 r__.•,....__MICROFILMED BY_._ r _ JORM. MICR+LAS - CEDAR R4P1DS • DU MOINES r r r CILEK,�NICHOL CARHANRICLA, CLERK OF SUPR COMPCARE PUBL COMPO ARTS PR CONSUMERS COO CONSUMERS UNI CONTRACT CLEA CONVERSA-PHON COOPER'ELECTR CORCORAN, RIC CORONET- COUNTRY KIDS COUNCIL LISTING L. , P. E. ICE ACADEMY & VIDEO CORP. PPLY, INC. VE SOCIETY ERVICE SUPPLY CO. ITUTE, INC CRESCENT ELECTRIC SUPPLY CO. 1 CROWN PUBLISHERS, INC. ,CUED PUBLICATIONS DEPT. D,&:J- INDUSTRIAL •LAUNDRY ' DAILY..IOWAN .,.DAN R :: FESLER & SON, INC. DAVID JAMISON CARLYLE CORP. DEMCO, INC. DEPARTMENT OF PUBLIC SAFETY sDES:MOINES.REGISTER & TRIBUNE DICK'GRELL''CONST. CO. =I :-DIGITAL -EQUIPMENT CORP. MARKET,DESIGNS DISCOUNT RECORDS DON'S BICYCLE SHOP EARL MAY'SEED & NURSERY CO. EDWARDS, SANDRA ELDON C.'STUTZMAN, INC. ELECTRIC MOTORS OF IOWA CITY ERB'3 OFFICE SERVICES, INC. F STOP FANDEL ALARMS, INC. "FEDERAL" EXPRESS, CORP. FELDMAN, ; ANN 1 'FLEETWAY STORES; .INC. 1 FLEXIBLE SAFETY ZONING CO. _>1 FM ATLAS' FOREST PRESS `. -FORMS IV FROHWEINLOFFICETSUPPLY 0 AUGUST 31, 1983 RIPTION AMOUNT (CAT. /CIR.) GE 15.60 19. L SERVICE 792.93 g N 576.00 74. ENCUMB. 310.98 3F STRUCTURE AU 219.69 147. /CIR.) 94.28 k MAIN. TO BLDG S/LESSONS 6.00 12. US SUPP. 387.79 EQUIP. SERVICES 50.00 170. (CAT:/REF.) 15:00 (CAT. /REF.) /CIR.) 45.49 1,071. ENCUMB. 909.05 = SUPPL'IES LS 51.06 764. ENCE 2.50 4IPTION TO BLDG 2, 288. 00 WARE. SUPP 653.06 1.7 EQUIP REP 204.78 IES 1, SPAP 7, EQUIP. REPAIRS 3,249. (CAT. /CIR.) 7. IFIED AU 19. 4TIONAL EQUIP. 630. g 56. HAND REPORTER 74. YEAR •ENCUMB. 69. 3F STRUCTURE 183. _ATOR(S) 147. k MAIN. TO BLDG 215. AT 12. REFUNDS 8. EQUIP. 22• CONT. IMP. MAT 170. (CAT:/REF.) 7. (CAT. /REF.) 3. DE PRINTING 1,071. 4 MAIN. TO BLDG 42. = SUPPL'IES 175. IFIED AU 764. /REFERENCE 109. 4IPTION 319. .� _MICROFILMED By. .�. JORM MICR+LA13 {{(({{ -CEDAR RAPIDS •DES MOINES ' 'J ■ VENDOR NAME GENERAL PEST CONTROL CO. GOFF, STEVE GORDON, MYRON D. GRIMM'S ORTHOPEDIC SUPPLY GRINGER FEED & GRAIN, INC. H. B. LEISEROWITZ CO. HACH BROTHERS CO., INC. 3 HARRY' CUSTOM TROPHIES, HAWKEYE AMUSEMENT LTD. COUNCIL LISTING PRODUCT DEC] BLDG. PEST 1 TECHNICAL SI l HAWKEYE AMUSEMENT CO. HAWKEYE LUMBER CO. HAWKEYE MEDICAL SUPPLY, INC. .jHAWKEYE RIBBOCONTROL, INC. HAWKEYE WHOLESALE GROCERY CO. HAYEK, HAYEK, HAYEK & HOLLAND HEATON, NANCY HENRY LOUIS, INC. HIGHLANDER INN & SUPPER CLUB HUFF, HARRY HUMANITIES PRESS; -INC. �• HUNTER, ALVA ED. AND CHRISTINE HY-VEE CORALVILLE . HY-VEE':FOOD STORE N1 HY-VEE-FOOD STORE N2 HY-VEE FOOD STORE 'A3 .I HYDRITE CHEMICAL CO. IBM CORP. - <, INDUSTRIAL CHEMICAL LAB. INGRAM. INTERNATIONAL CITY MANAGEMENT INTL.-ASSOC. OF PLUMBING AND INTL. CONF. OF BLDG. OFFICIALS IOWA ASSOC.; OF AREA AGENCIES IOWA ASSOC..OF HOUSING IOWA; BOOK °& SUPPLY CO. IOWA BYSTANDER IOWA,CHAPTER APWA IOWA CITY ASSOC. OF IOWA CITY LANDSCAPING IOWA-'CITY;PETTY CASH ^IOWA CITY PRESS -CITIZEN IOWA CITY READY MIX, INC: 1 IOWA CITY REC. CTR. PETTY CASH I IOWA CITY SECURITY SYSTEMS l IOWA -ILLINOIS GAS & ELECTRIC -IOWA LAW REVIEW IOWA'LIBRARY>ASSOC. IOWA SAFETY COUNCIL, INC. IOWA STATE BAR ASSOC. IOWA STATE HISTORICAL SOCIETY W , AUGUST 31, 1983 PION AMOUNT fROL 12. 00 [CE 171.50 _SSONS 10.00 =PAIRS 10.50 ;a 71.40 UIP. 54.48 PROCESSING 'SUP 1, 163. 88 :SSONS 13.00 SE14AGE CHEM. 5.00 1IRS 100.00 TION SUPP. 179.95 )PP. 527.50 NEWSPAP 75.00 IPON 5.00 SUPP. 1,775.62 MEMBERSHIPS 189.83 PPL 1,200.00 C SUPPLIES 239.00 MENT ADS 165.00 ;E 249.78 CASUALTY INS. 15 00 VISUAL REP.MAT 619.47 165.20 M ALLOWANCE 57.10 (CAT. /REF.) 31.81 REFUNDS 5.00 23.32 TION SUPP. 65.49 PROCESSING 'SUP 106.79 41.52 SE14AGE CHEM. 4,380.59 EQUIP. REPAIR 882.40 TION SUPP. 1.05 (CAT. /CIR.) 1,081.74 NEWSPAP 15.00 IPON SIGNAL SERVICE 2,258.03 MEMBERSHIPS 25.00 RATION, 375. 00 C SUPPLIES 239.00 MENT ADS 26.00 RATION 75.00 CASUALTY INS. 47, 117. 70 LTURAL MATERIA 187.00 REFUNDS 303.46 IPTION 1,421.41 TE 12, 038. 71 _ANEOUS SUPP. 30.08 MAIN. TO BLDG 360.00 GAS. 3,3B7.75 IP.TION 15.00 =T FILE MAT. 10.00 E MEMBERSHIPS 150 250.00 (CAT. /CIR. ) 11.63 Y .- .._.._MICROFILMED.BY. JORM MICR¢LAS i CEDAR 111105 • DES MOINES 1 VENDOR NAME IOWA STATE PRINTING DIVISION IOWA -ILLINOIS GAS & ELECTRIC IPERS IPERS FOAD JOHN WILSON SI JOHN'S GROCER' JOHNSON CO. A( JOHNSON COUNT) JOHNSON COUNT) JOHNSON COUNT) COUNCIL LISTING , INC. TING GOODS INC. CULTURAL ASSOC JOHNSON MACHINE SHOP, INC. JORM MICROLAB, INC. K MART'#4315 KELLY KHENERGY SYSTEMS CO. ILIMBLE, TERESA KIMMEY FIRE I+ SAFETY CC KIRKWOOD COM11UNITY COLL KLOOS, ARTHUR KOCH, JEAN KOOL & NYGREN, INC. LPLCLGVEi AWOFOAGOERNMNT LAWYERS CO-OPERATIVE PU LEI. INC. CEIK; MARTIN LENOCH &'CILEK LIFE SKILLS EDUCATION i <LINOER-TIRE :SERVICE. LIPSIUS,' ROBERT MRS. LONGLEY TIME SYSTEMS MALJACK,PRODUCTIONS MARK II ENTERPRISES R,,DALE CO. MARSHALL CAVENDISH CORP. MARV'S GLASS SPECIALTIES, INC.. MCGUIRE,,DEWEY MCLEAN TRUCKING CO. M000ILLEN,-.PATRICIA 11EACHAM TRAVEL SERVICE MEDICAL ASSOCIATES MELLERS"PHOTO LABS, INC. MERCY -HOSPITAL METZGER, JOHN MICHAEL TODD AND CO., INC. MID-AMERICACONGRESS ON AGING MID -AMERICA PRICING & SUPPLY •iMILDONr'KERRY -MILLER, CHESTER MONROE SPECIALTY CO., INC. MONTGOMERY ELEVATOR CO. AUGUST 31, 1983 JORM MICR+LAB -CEDAR RAPIDS • BE' MOINES AMOUNT 229. 00 , 36, 967. 55 14, 283.65 21, 346. 79 33. 33 611. 94 8. 50 35.00 494.22 26.34 142.78 76.02 39.00 17. 52 198.95 234.70 32. 89 207. 85 5.22 18. 19 164.00 9. 45 33. 33 15. 00 40.25 163,552.06 39. 50 196. 50 23.20 51.99 454. 49 8.20 4. 10 13.00 1, .4 . 1",V 1 UR VLI1I 11 MULFORD PLUP MUNICIPAL F] NAGLE LUMBEF 'NATE MOORE 4 NATIONAL ARC NATIONAL AUE NATIONAL, BY NATIONAL COL NATIONAL ELE NATIONAL FIF NATIONAL INE NATIONAL REC NEUZIL, JOHN SERVICE VICE, LTD. NIBBLE MAGAZINE NIGHTINGALE-CONANT CORP. -NORTHWESTERN BELL NRPA NRPA/LIFE BE IN IT CAMPAIGN OVERHEAD.DOOR CO. !!4 PASSON'S SPORTS PAUL'S PECK'S GREEN THUMB YARD AND PEOPLE'S DRUG STORES, INC. PETERSEN COURT.REPORTERS PHOENIX FILMS, -INC. PIONEER, INC. PIP. PITNEY BOWES PLEASANT VALLEY ORCHARDS PLUMBERS=SUPPLY'CO. POET.AND'CRI :POETS &:WRIT 'PPG'>INDUSTRI PRATT 'AUDIO - ,'.;.i PRICE, DEAN PROFESSIONAL PYRAMID PYRAMID SERV QUAD -CITY .TI QUILL CORP. & VIDEO BOOKS ICE, INC. R: M. BOGGS CO. RADIO SHACK RAIM, THERESA. "'RAY 'TABOR REESE' BRENT RIVER PRODUCTS CO. ROCCA WELDING & REI ROGER'S SHOE REPAII RONALD RATH, ASSOC. 'ROTO -ROOTER ROUNDER RECORDS i RUSSELL, SHERI K. COUNCIL LISTING AUGUST 31, 1983 PRODUCT DECRIPTION AMOUNT PRIOR YEAR ENCUMB. 165.00 PRIOR YEAR ENCUMB. 1,042.94 PLUMBING SUPP. 16.53 DUES & MEMBERSHIPS 145.00 BLDG. & CONST. SUPP. 121.46 REP. OF ELECT. /PLUMB 46.55 BOOKS (CAT. /CIR. ) 21.00 MINOR EQUIP. REPAIRS 10.50 TECHNICAL SERVICE 25.00 REFERENCE MATREIAL 86.40 C REFERENCE MATREIAL 50.00 C EDUC. /TRAINING SUPP. 216.85 SUBSCRIPTION 147.75 DUES & MEMBERSHIPS 195.00 MISC. REFUNDS' 4.25 BOOKS (CAT. /CIR. ) 41.65 CLASSIFIED AU 48.00 TELEPHONE EQUIP. FEE 5,189.68 REGISTRATION 448.00 DUES & MEMBERSHIPS 25.00 REP. OF STRUCTURE 69.50 PRIOR YEAR ENCUMB. 97.90 SANIT. & 'IND. SUPP. 108. 11 PRIOR YEAR ENCUMB. 225.00 RECREATIONAL SUPP. 25. IB SHORTHAND REPORTER 57.22 -16MM FILMS 461.00 MISC. EQUIP REP. MAT 10.50 OUTSIDE PRINTING 232.50 RENTALS 96.75 AGRICULTURAL MATERIA 314.63 PLUMBING SUPP. 416.41 PRINT/REFERENCE 1.00 BOOKS (CAT. /REF. ) 6.95 PAINT E: SUPPLIES' 69.20 AUDIO VIS. EQUIP REP 614.34 UNIFORM ALLOWANCE 62.39 MISC. REFUNDS 20.00 BOOKS (CAL /CIR. ) 3.57 16MM FILMS 450.47 MINOR EQUIP REP. MAT 21.29 EMPLOYMENT ADS 73.50 OFFICE SUPPLIES 1,232.36 REP. OF ELECT./PLUMB 3,942.40 ELECTRICAL SUPPLIES 39.07 MISC. RECREATION 3.00 LOCAL MILEAGE 5.40 REC. CLASSES/LESSONS 18.00 ROCK 2,164.81 MISC. EQUIP REP. MAT 83.20 PRIOR YEAR ENCUMB. 875.28 MISC. REFUNDS 75.00 REP. OF ELECT. /PLUMB 101.00 DISC. 6.90 REC. CLASSES/LESSONS 5.00 MICROFILMED. BY .. '. - JORM MICR+LAB i CEDAR RA DES t(OINES COUNCIL LISTING VENDOR NAME OF LIBRARY SCIENCE NUCLEAR CORP. .ROEBUCK AND CO. RESOURCE CENTER V. ING CO. OUIPMENT CO. ATION SOCIETY OF ROJECT DIC CLINIC R CO.' DEL CO., INC SUPPLY CO 3L W. 4T OF DOCUMENTS 18o INC. LunnuNICATIONS, INC. IRP::r. W ROOFING & SHEET METAL 'UBLISHING CO., INC. e; JANSEN JOAN', a* CRIMINAL JUSTICE CTR. I U OF Iri A. I U OF. IA.. C U OF,.IA.. 1- U OF U IA.. R U OF -'IA* i U. S. POST I: CIO AUGUST 31, 1983 _ FILMEO.BY._.�:._._.� �1 JORM MICR+LAO f CEDAR RAPIDS • DES MOINES t( I AMOUNT 10.00 20.00 101.00 23. 9b 35.00 20.78 19.00 3.00 711.25 49.98 450.00 875. 00 525.00 35.00 129.50 5.00 22.86 11.95 61. 50 2.00 9.50 213.96 40.00 1,240.00 43.00 360.43 5.00 5.00 326.03 386.36 5.00 5.00 9. 75 388.47 550.00 5. 00 468.00 4. 50 281.65 439. 14 64.00 1,657. 17 771. 00 1. 50 3,564.20 69.50 20.00 225.00 19.37 26.28 31. 50 144. 00 24.00 20. 00 1,050.00 I PRESS S. C. ES INC. COUNCIL LISTING AUGUST 31. 1983 AMOUNT 576. 1, 192. 170. 10. 12. 13. 10. 2i 713. 1, FUND TOTAL 418,816 66 ..._�..._......_..—...IdILROE.I LMED.AY_. ..__...:_�_ ... JORM MICR+LAB CEDAR RAPIDS • DESMOINES I I ■ COUNCIL LISTING AUGUST 31, 1983 VENDOR NAME PRODUCT DECRIPTION AMOUNT FUND: CAPITAL PROJECTS BEST RENTAL CENTERS I COLUMBIA EGUIPMENT CO., INC. CONTRACTOR'S TOOL & SUPPLY CO. DAGUE, RICHARD R. PH.`D. DAVE SCHMITT CONST. CO., INC. HAWKEYE ENGINEERING CO., INC. IOWA CITY PETTY CASH IOWA CITY PRESS -CITIZEN IOWA DEPT. OF TRANSPORTATION IPERS IPERS FOAB JACOBSEN, GLEN AND PRISCILLA JOHNSON COUNTY RECORDER JONES LIBRARY SALES, INC. KLEIMAN CONST., INC. L. L. PELLING CO., INC. METRO PAVERS, INC. MIAMI CONSTRUCTORS, INC. MIDWEST OFFICE SYSTEMS IMPRV. G SERVICES ICATIONS IMPRV. URCHASE VrHLGUl NON -COI & GRAVEL CO., INC DIRT CO., INC. CONTRAi ENGINEERING SERV ENGINEI , FUND TOTAL CES 420. 15 3,960.00 7.98 3,352.24 5,225. 16 88.00 4.89 39.34 332, 283. 50 343.08 418.66 1,500.00 18.00 439.50 38, 855. 00 133.66 1, 107. 19 133, 760. 00 163.60 7,325.60 442. 21 1,716.22 5,216.87 11.83 38, 715. 12 3,050.00 23, 791.51 660.00 19, 176.82 622, 226. 33 _.._MI UILMED.BY_... - --7 �I JORM MICR+LAB f - CEDAR RAPIDS •DE MOINES 1 •r VENDOR NAME FUND: ENTERPRISE FUNDS COUNCIL LISTING AUGUST 31, 1983 PRODUCT DECRIPTION AMOUNT A Y. MCDONALD MFG. CO. ACKERMAN, KAREN AERO RENTAL ALBERTS, TAMMY AMERICAN ASSOC. OF AIRPORT AMERICAN HARVEST WHOLESALERS AMERICAN SCIENTIFIC PRODUCTS ANSWER IOWA, INC. AQUILINO, MARY AUTOMATIC SYSTEMS CO. BAGGENSTOSS, VALORIE BANKERS ADVERTISING CO. BARRON MOTOR SUPPLY BEAN, CLAIREES BERANEK,'RANDY BEST RENTAL CENTERS BETTS, ELMER A I BIENHOFF, KIM BOLGER, ERIC BON AIRE MOBILE HOME CT. BOUDREAU,.TIM BRANDT HEATING & BURKE, 'JULIE BUTLER, EOIN CARLSON, DIANE 'CHARGE -IT SYSTEM CHILDERS, TERESA 'CHRISTIANSEN,ERIC. CHRISTMAN, LAUREE CHURCHILL'TRUCK LINES, INC. CITY ELECTRIC' SUPPLY, INC. CLARK'S CARPETS CLEMENTS, GREG CLOW CORP.' - COLLINS,..BETH COLT 'INDUSTRIES COMMERCIAL TOWEL SERVICE, INC. CONTRACTOR'S' TOOL'& SUPPLY CO. CONTROL DATA CORP. COONRADT,. THOMAS COUSINS, ROBERT V. - - CRESCENT' ELECTRIC SUPPLY CO. CROWDER, KEITH CROWE, GAIL C. CULLIGAN D& J INDUSTRIAL LAUNDRY DI -CHEM CO.' DONLY,- KEVIN % PATRICK DONAHUE =j _ _..._.Ii1CROFILlIED BY _... .. JORM MIC RLAB ` r CEDAR RAPIDS • DES MOINES 5,743. 59 6.00 435.73 3.46 75.00 90. 35 217.44 60. 00 2.51 144.45 16.54 151. 40 205.09 21.08 7,462.41 8.35 362.66 24.30 141.81 1,763.00 14.86 12. 18 171. 17 22.06 2.48 20.30 1,319.06 1,359.60 9. 48 7.53 28, 676. 00 6.90 COUNCIL LISTING AUGUST 31, 1983 IANE MORRISSEY ICE SERVICES, INC. F STOP F FANDEL, INC. M FEBRES, HECTOR M FEDERAL SIGNAL CORP. P FERGUSON, KRISTI M FITZPATRICK, M. M FLEETWAY STORES, INC. T FLEMING, CATHRINE AN M FORBES,.LAWRENCE M FORMS IV P FOXBORO CO. M FREDMAN, STEVEN M M FREEMAN LOCKSMITH C F FRY, ARLOAMELA ORP. IM ! GARCIA, KATHY M i GEBER, CRAIG M GEROT, JOHN M GILHOOLY, MICHAEL M j GILLENWATER, JOHN M 11 'GILPIN PAINT & GLASS, INC; P NDS E GODER5KY, JOS HNM rd GOODFELLOW PRINTING, INC. O GORE, BRAD M GRIFFIN PIPE PRODUCTS CO. I HACH HACH BROTHERS CO., INC. S HALSTROM,.-E. %RUSSEL KARKOWSKI M HAWKEYE CAB CO. A HAWKEYE'; LUMBER' -0O. C HAWKEYE MEDICAL SUPPLY, INC. M HAWKINS, JOHN DR M HAYES,' JAMES M HENRY, DIANE M MAT HINES, TIMOTHY M NEP. OS I H0: PARK' SUNG M NOS I HOGAN, JAYNE M 'f HOLLOPETER,,MARCIA KAY M HY-VEE FOOD STORE N1 S NDS 'IBRAHIM,` K M .,, _, INDUSTRIAL;CHEMICAL LAB S NDS INDUSTRIAL ENGINEERING EOUIP. M NDS IOWA BEARING CO., INC. P I NO IOWA ASSOC. OF W f .CITY IOWA CITY ,PETTY CASH I T MATERIAL PRESS -CITIZEN A & SUPP. .IOWA .CITY IOWA.HYDRONICS,>INC. C IOWA --ILLINOIS GAS & ELECTRIC N NDS IOWA STATE.BANK F NC I ES STATE TREASURER SALES TAX S IIOWA IOWA -ILLINOIS GAS & ELECTRIC E I CRIPTION AMOUNT NOS 8. 10 (S) 135.20 7.35 P. REPAIRS 361.00. NDS 5.44 ENCUMB. 1, 149.77 NDS 16.69 NDS 15.21 EOVIP. 44.69 NDS NDS 4.44 ENCUMB. 311.88 OUS SUPP. 76.51 NDS 20.10 P. REP. 270.00 NDS 7.86 ^ 13.27 i MAT 510.4 NEP. OS 7 NOS 5. 78 NOS 5.92 3.47 2 NDS IES 98.968 NDS NDS 6.43 I NO 210. 47 NDS T MATERIAL 28,605.10 & SUPP. 118.26 684.71 NDS 84 NC I ES 430.65 32.55 1 OUS SUPP. .73 'NDS It. 44 19. i3 t NDS 24.02 5i NDS 15.21 l j 12.2S ! NDS o I 6.34 NDS 1DS ! SUPP. 19.18 NDS 9. 48 SUPP. 131.05 P REP. MAT 74.00, P REP. MAT 28.26 COMP PREM. 3,406.95 MATERIAL 174.97 IT G 365.93 120.00 SERV & CHG 11100.0300 4,177.06 26, 944. 93 .•,.,. '._MICROFILMED -.BY. JORM MICR+LAE -CEDAR RAPIDS • DES MOINES I .-,,LESLIE,, ROBERT COUNCIL LISTING AUGUST 31, 1983 VENDOR NAME PRODUCT DECRIPTION AMOUNT IPERS IPERS 9,625.16 IPERS FOAD FICA 11, 981.94 JACOBSON, DAVE MISC. REFUNDS 23.04 JAMES, HOWE MISC. REFUNDS 4.74 JARDINE, ELIZABETH MISC. REFUNDS 8.36 JERMAN, MICHAEL R. MD. MISC. REFUNDS 12.05 JOHNSONMACHINE SHOP, INC. TOOLS 1,083.65 -i JOHNSON, KAREN MISC. REFUNDS 16.34 JOLLES, HOWARD MISC. REFUNDS 9.33 K MART #4315 PHOTO SUPP. & EQUIP. 39.81 KCJJ ADVERTISING 200.00 KELLEY, PETER A. MISC. REFUNDS 21.08 KIDWELL, BRENT MISC. REFUNDS 12.28 KING, SAM MISC. REFUNDS 13.05 KITSLAAR, ANTHONY W MISC. REFUNDS 10.34 KKRQ ADVERTISING 225.00 KOCH.SULFUR-PRODUCTS CO. HYDRATED LIME 10,416.77 MISC. - KOCH, JANET MISC. REFUNDS 14.73 KOEPKE, KATHLEEN MANN MISC. REFUNDS 35.71 W KRNA, INC. ADVERTISING 288.00 KRON, CLEO TRAVEL 76.51 I KUHLMAN, RANDY MISC. REFUNDS 25.43 KUTCHER'S WELDING EQUIPMENT SERVICE 92.00 KXIC ADVERTISING 225.00 LAFRANCE EQUIPMENT CORP. MISCELLANEOUS SUPP. 159.80 L.AFRENZ,-.DAVID; MISC. REFUNDS 4.47 LARSEN, •JAMES MISC. REFUNDS 19.05 LARSON,''JEFF MISC. REFUNDS 12.90 LEE,.CYNTHIA MISC. REFUNDS 25.00 LEE, HANG BOCK MISC. REFUNDS 33.75 LEMING, MARTIN MISC. REFUNDS 17.17 BENNY SUPP MISC. -LEONARD, ' REFUNDSRE 35.22 LESEUR, LINDA MISC. REFUNDS 16.81 .-,,LESLIE,, ROBERT MISC. REFUNDS 'LINN;-ROBYN MISC. REFUNDS LINWOOD STONE PRODUCTS CO. HYDRATED LIME 'LLOYD-DAVIES, JEAN A. MISC REFUNDS LOWE, LORI MISC. REFUNDS LUDWICK,"'JERRY 111 SC. REFUNDS LUSSMAN, MYRA MISC. REFUNDS MACKAY, K., P. MISC. REFUNDS. -,,MADDEN,`.SCOTT F. MISC. REFUNDS MADISON BIONICS SANITATION SUP MARTIN, ROGER R MISC. REFUNDS i MASON, MICHAEL D. MISC. REFUNDS f MC-.CREARY,,GAYLE MISC. REFUNDS l MC2. INC PLANT EQUIP RE MCBRIDE, DOUG MISC. REFUNDS i MCCABE EOUIPMENT, INC. MINOR EQUIP. R MCCABE OIL CO. GREASE & OIL MCKESSON CHEMICAL PRIOR YEAR .ENC MCKESSON CHEMICAL CO. CHLORINE MCLAUGHLIN, RALPH MISC..REFUNDS MEAD, JAMES MISC. REFUNDS is op wD W 2, 18.42 123.49 MAT 51 IRS 13 2 2,19 1,97 _. ._._..._.hIICROEILMEU.aY_._.._...-�..... JORM MICR+LAS -CEDAR RAPIDS • DES MOINES 1 NEILIY:*JAHES NEUZIL, DAVID NEWCOMB, GUY NORDYKE,-RICH {' O'DONOVAN, B OLSON, REBECC ORR, BRUCE OSTRANDER, EAI OSTREM, ALLAN OWE9 PANOUSIS N , SPE1 I PARKING, INC. I PENNINGROTH Al AL SERVICES INC. TOR CO. SERVICE Y C. k PEOPLES DRUGSTORES, INC. PERMA COATINGS, INC. PIP . PLEASANT VALLEY ORCHARDS PLUMBERS:SUPPLY CO. POM, INC. PPG'INDUSTRIES, INC. PRO -SPECIALTIES, INC. PYRAMID SERVICE,INC. QUETSCH,' JOSEPH L. RASH,;: KATHY READ, CONNIE RIVER PRODUCTS CO. ROD, KEVIN RON'S WELDING & SUPPLIES, INC. SCHEEKLOTH, LTH SPA SCHEERER, KARE SCHNEIDER, TOM SCHRIEBER, G 7. SHERWIN-WILLIA SHIVE. PHILIP SIEG CO.' SIMPSON, JODI SLACK, DAVID SLOANr ED' SOFFERS,' EDY W SCHROEDER COUNCIL LISTING AUGUST 31, 1983 PRODUCT DECRIPTION AMOUNT MISC. REFUNDS 12.78 230. BO TECHNICAL SERVICE 143.51 1, 130. 06 MISC. REFUNDS 18.42 107.10 MISC. REFUNDS 12.28 23.04 ENGINEERING•SERVICES 775.00 REP. & MAIN. TO BLDG 596.00 IDS MISC. REFUNDS 4.44 IDS MISC. REFUNDS `2.42 IDS4.44 IDS 15. ID PAINT 8: SUPPLIES 155.88 89 WATER/SEWAGE CHEM. 4,560.00 IDS REP. OF ELECT. /PLUMB 516.40 IDS3.47 PRIOR YEAR ENCUMB. 5,761.60 MISC. REFUNDS 13.40 MISC. REFUNDS 20.67 MISC. REFUNDS 19.13 MISC. REFUNDS 23.04 TELEPHONE EQUIP. FEE 1,311.94 MISC. REFUNDS 15.71 MISC. REFUNDS 20.67 MISC. REFUNDS 12.33 MISC. REFUNDS 16.34 MISC. REFUNDS 45.67 MISC. REFUNDS 12,42 MISC. REFUNDS 16.49 MINOR EQUIP REP. MAT 332.00 GRASS SEED 8. 58 MISC. REFUNDS 27.62 FILM_ __ 25 25 ENCUMB. 7745.63 INTING 6.00 230. BO ILP. 69.45 1, 130. 06 'PLIES 77.99 ENCUMB. 107.10 ' REP. MAT 15.30 23.04 DS 25.36 17.17 457.27 IDS 1. 51 6.00 IDS 14.79 IDS 11.29 IDS4.44 IDS 1.80 ID I ES 37.96 I'PLIES S 40 ' REP. MAT 11.95 IDS 23.04 IDS 17.67 IDS3.47 IDS 24.45 :...._ .. _... MICROFILMED_DY._._...__._'. JORM MICR+LAB } CEDAR RA PIES • DES 1401NE5 }= 1 rte:{ COUNCIL LISTI14G AUGUST 31, 1983 VENDOR NAME PRODUCT DECRIPTION AMOUNT SOUTHERN AVIONICS CO. FREIGHT 2,808. SOUTHLAND PRINTING CO., INC. OUTSIDE_PRINTII cnn SPENLER, LENF STANGL, KAREP STANNARD, RAP STEVE'S TYPE6 STEVENS SAND STITZELL ELEC STRITTMATTER, STROMOUIST, E TAVANA, FJOHN, , THILLMONY, CF THOMSON, WILL TODD CORP. TOMKOVICZ, Jh TOMLINSON, C I TURNER, LAUR TVEDTE, JAME i U OF IA. CEN ,7 .UNION SUPPLY I 'UNIVERSITY H ji UTILI"TY- EOUT VOSS PETROLE W• W. GRAING j WALLA,.. DONAL WALTERS, MER WALTERS: 'RUT WANDLING &'A WATER PRODUC WATERTOWER P WECO ENGINEE WEIS, JENNY WHITTENBERGM WILKE,- JAMES YANSKY# DOUG I'f`ZIMMER &. FRA TER CO. MISCELLANEOUS SUPP. GRAVEL CO., INC DIRT IC SUPPLY CO. ELECTRICAL SUPPLIES N, MISC. REFUNDS LTON MISC_ REFUNDS NG „ LAUDE REP.. & MAIN. TO BLDG 700.OU 7.94 A RT SULENTIC MISC. REFUNDS 3.48 MISC. REFUNDS 245.00 TA. ER FOR CONF. AND REGISTRATION 68.64 CO., INC. YGIENIC LABORATORY LUBRICANTS TECHNICAL SERVICE 1,232.00 PMENT,CO. PRIOR YEAR ENCUMB. 436.25 198.75 UM CO., INC. ER, INC. GREASE & OIL PLUMBING SUPP. 262.67 MISC. REFUNDS 12.43 11.42 HIN IN RITTGERS MISC:' REFUNDS 35. 00 SAFETY SHOES 24.02 SSOCIATES MISC. REFUNDS WATER IMP. MAT. 259. 50 TS CO. AINT & REPAIR CO. -SYS. REPAIR & MAINT. 3, 393. 00 391.51 RED SALES, INC. MISCELLANEOUS SUPP. 18.771 MISC. REFUNDS ICHAEL FRANK MISC. REFUNDS MISC. REFUNDS 21 32.53 MISC. REFUNDS CILLA PROFESSIONAL SERVICE 37.50 37.67 MISC. REFUNDS NCESCON, INC. MINOR EQUIP REP. MAT 169.62 FUND TOTAL 194,269 68 . 4 _. ,. _. MICRDFILt1ED.DY__,____.._I. . JO RM MIC R�LAB S .CEDAR RAPIDS • DE: MOINES { I , VENDOR NAME FUND: TRUST AND AGENCY iBAKER & TAYLOR CO. BAKER & TAYLOR COMPANY BLUE CROSS & BLUE SHIELD j C. W. ASSOCIATES I COCA-COC. LA BOTTTLING PUBLISHER COUNCIL OF STATE GOVERNMENTS DRAKE, LON D. FAST:CENTRAL'IOWA COUNCIL OF GALE RESEARCH CO. HY-VEE FOOD STORE N1 IDWA CITY ASSOC. OF IOWWACITY PRESS-CITI CITY PETY IOWA IOWA DEPT. OF JOB SERVICE IOWAPOETRY ASSOC. IPERS. IPERS FOAB •1JAPAN YELLOW PAGES, LTD. JOHNSON COUNTY RECORDER 'JOHNSON'PUBLISHING CO., INC. KNIGHT, BERNIE �LAROUSSE LENOCH & CILEK LITTLE, BROWN AND CO. . MAGNAMUSIC-BATON, INC. MOTT'S DRUGSTORE I NATIONAL ASSOC. OF THE DEAF NORTHWESTERN BELL PEPSI -COLA BOTTLING CO. OETS & WRITERS, INC. ..RPAINBOW ARTS CO. SEIBERLING, NANCY TECHNIGRAPHICS, INC. U.OF;IA.,ACCOUNTS RECEIVABLE U'OF IA. 'PHYSICAL ' PLANT VERMILLION, EMILY J. G. f WASHINGTON PARK, INC. r 1 i W COUNCIL LISTING AUGUST 31, 1983 PRODUCT DECRIPTION AMOUNT BOOKS (CAT. /C IR. ) 16. 16 PR INT/CIRCULATING 15.89 HEALTH INSURANCE 55,902.02 PRINT/REFERENCE 46.70 BOOKS (CAT. /CIR. ) 18. 15 O 90.20 PRINT/REFERENCE 13.50 GRASS SEED 41.85 AID TO AGENCIES 9,675.00 PRINT/REFERENCE 351.41 RECREATIONAL EQUIP. 26.68 WORKMEN'S COMP PREM. 3,046.38 POSTAGE 37.96 SUBSCRIPTION 30.34 MISCELLANEOUS 4,065.80 PRINT/CIRCULATING 4.00 I PERS 422.14 FICA 533.77 PRINT/REFERENCE 20.00 FILING FEE.15.00 PRINT/REFERNCE 14.50 POSTAGE 14.00 BOOKS (CAT. /CIR. ) 12.20 RECREATIONAL EQUIP. 21.97 BOOKS (CAT. /CIR. ) 15.08 BOOK(S) 156.22 PRINT/CIRCULATING 90.75 BOOKS (CAT. /CIR. ) 5.65 GRAPHIC SUPPLIES 1.10 LLOONNG DISTANCE CALLS 120.95 PRINT/REFERENCE 21.95 OFFICE SUPPLIES 12.00 STAMPS 28.03 OUTSIDE PRINTING 12.00 DATA PROCESSING 36.09 BUILDING IMPROVEMENT 4,543.00 TECHNICAL SERVICE 65.00 BUILDING RENTAL 330.00 FUND TOTAL 80, 018. 40 ECEDARRAPIDS D BY...._:_._.J t R#LAB DES MOINES 1 `' 4 I VENDOR NAME FUND: INTRAGOVNTAL SERVICE 1ST. AVE. POWER EQUIPMENT ABBOTT, CLYDE ACORD, LOUIS G. ACRO -ADROIT; INC. AnAMR-LACKEY, MARY j 1 ALTORFER'MACHINERY CO. AMP PRODUCTS CORP. BRANJSAUTO REFINISHING BAILEY," WENDY BALDT, EDITH BARNES,-MINNIE pARRON.MOTOR SUPPLY 7.' BEBEE, DEAN BIG BEAR EQUIPMENT, IN I BOB ZIMMERMAN FORD, IN BOWERS, MRS. R RAYMOND BOYLE, RICHARD . BREESE CO. , INC. ((gg BROCK, ELSIE ATIOAFFBEULOFRURANATIONAL A BUSINESS ESSENTIALS, ] CANOE MARY ' CAPITOL IMPLEMENT CO. CAPPS, HAZEL CHARTER°.COACHES, INC. CHUCK;SMITH DISTRIBUTI CIRCA 21 DINNER THEATF " CITY'DELIVERY COUNCIL LISTING AUGUST 31, 1983 PRODUCT DECRIPTION AMOUNT INC. . COMPUTERLAN CONSUMERS%COOPERATIVE SOCIETY CONTRACTOR'S TOOL & SUPPLY CO. COOK,`�WILLIAM COPENHAVER, LEE 'RSEINSTICAUY CO. D&JDURALLNDR DAVENPORT SPRING CO., INC. DAVIS,' TOM' DELSING, MARILYN DEVRIES EQUIPMENT CO. DOLEZAL, AL ! DOLEZAL, DONALD ! DOLEZAL, HELE14 DWAYNE'S RADIATOR BE 'EISENHOFER, CATHY ELKS COUNTRY CLUB ELLISON, SUSYE �mrnrV MANUFACTURING CO., INC. c f ..:._.....MICROFILMED BY_.. JORM MICR+LAB -CEDAR RAPIDS , DES MOINES 139.95 12.00 15. 00 64.60 30.00 85.00 4,410. 16 61.06 50. 00 570. 16 3.00 15.00 18.00 332.27 876. 72 18.08 3,504.72 25.00 180. 00 1, 430. lel 39, 161. 56 274.02 918.48 200.00 1, 316. 89 22.37 767.55 472.28 355.57 354.72 708.00 30.00 49.50 166.70 10.00. VENDOR NAME EMMETT r al-, FAIRVIEW GOLF COURSE FARMER FAY, BI FERRYMI FIALA, FINKBIi FIRST' FLEETW FORMAN FOUNTA FOUNTA FOX, M FRANZ, FROHWE FROLAI GARWOC GENERA GRAHAM C GRAHAF [ GRAH0 GRIMM, "<:GRUMMO 'H.&. W HAMv'P HANSOP HARRY HARTWI HAUER, HAUSh I " HAWKE HAWKE' "HAWKE' `HEIN,' ' HESS, �. HI PO ".HICKL HILLT <HINSH HODDAP HOLLA HOLLA HOOT11 <HUGHE HY-VE INDUS IOWA. IOWA> IOWA I... IOWA MAF COUNCIL LISTING PRODUCT DEC COURSE ANK OF ST. PAUL ES, INC. ANSMISSION . M. L. CE SUPPLY CO. ODY` M TROPHIES, LTD. S, .INC. ALES & PARTS CO. NATIONAL TRUCKS CONTROL, INC. PA f D'SUPPLY CO. AUGUST 31, 1983 ON CAR WA5Mta REC/ TRIPS T'61.25 1,055700 UIP. SANITATION SUPP. 99.81 36.57 18.00 RIAL CHEMICAL LAB. SSOC. OF HOUSING 145.00 T. 362.99 ITY;.ASSOC. OF 573. 06 50.00 472.00 6.00 ITY BAND ITY COACH CO. , INC, 20.00 352. 50 61.07 :NT 68. 48 902.73 785.00 5.00 19.00 1.25 IIP. 18.60 4.00 2. 21 NG & REP. 1. SAFETY -RET. REPAIRS IONAL SUPP. REPAIRS ADVANCE 770, 2,3 3 1 v,- w•I-.- SH V CAR WASH CAR WA5Mta REC/ TRIPS ' 12.00 PAUL'FOOD FOOD STORE N1 SANITATION SUPP. 99.81 36.57 RIAL CHEMICAL LAB. SSOC. OF HOUSING REGISTRATION COMP PREM. 250.00 564.42 ITY;.ASSOC. OF WORKMEN'S MISC. REFUNDS 50.00 472.00 ITY BAND ITY COACH CO. , INC, EQUIPMENT SERVICE ti .._.. ..,__MICROFILMED BY_... ...�...._ - JCRM MICR+LAB I CEDAR RtIDS • DES MOINES 1 COUNCIL LISTING 'ICE PRODUCTS 'TY CASH SS CITIZEN :SS -CITIZEN .CTR. PETTY CASH PDT NK IR GAS & ELECTRIC N K OF MISSOURI Y RECORDER Y RED CROSS NE SHOP, INC. YS RS. E. R. Mn LIPTRUCK SERVICE CO., INC. LINDER'TIRE SERVICE LITTLE,'MILDRED.E. LOERCH,' JULIE ' LONEY, DAVID LONGLEY TIME E :MAIERl 'MRS.': WI MARSH, PATTY - MARV'HARTWIG, -INC. { 'MARV'S GLASS SPECIALTIES, INC. MASON; DORA 'MRS.LORNA L MATHES,. MCCARNEYL EQUIPMENT, INC. MCCRORY, GLADY :MCELROY,_ PEG MCGALAONGE, LR SR. MCNASB,+ ESTHER MEADE,'THELMA MEANS, ELIZABETH MELCHER.SCREENPRINTING MIDTOWN INDUSTRIES, INC. MIDWEST AGS ` INC. AND MIDWEST,GROUP INSURANCE AGENCY MILLER, HARVEY MODERN_DUSINESS SYSTEMS, INC. AUGUST 31, 1983 IPTION AMOUNT. IES 762.95 S SUPP. 39.76 5 54.88 245.48 S 15.64 IRS 28.00 S 1,083.20 84.00 468.33* 1,968.90 3,023.19 ITS 40.00 J EQUIP. 245.22 .S 38.00 1/MAT. 70.00 (S 692.50 FION 14.00 4.00 > 3.00 I 113.25 '-RET. 754. 90 7RET. 615.62 1 995.30 SUPP. 229.17 -RET. 315.27 3.00 & REP. 152.15 5,944.40 10.00 20.26 -RET. 1,007.79 REPAIR 94.00 8.60 ION 14. 00 TRUCK 47.33 SUPP. 6.60 1. 50 3.00 MENT 13.93 -RET. 1, 192.79 6.00 SUPP. 35 37 7.50 208.00 VCE 305. 81 2.50 26. 25 [ NG 203. 00 1ENT 943.52 79.76 471.60 1, 200. p0 REPAIR 1, 294. tl0 554.74 _•.,_ 111CROFILMEO.DY,. _.___..'._... JORM MICR+LA9 -CEDAR R6105 - DES MDINES I NEW Mt 111 NEWLAND, NORTHWES OLD CAPI OLD DOMI OLIN, KE PACHA T PARROTT, PAUL MYE PEDERSON PERRET, PIERCE K PIONEER, PIP LEASANT POTTER, POWER BR POWER r EG PPG INDI. PURVIS,;, PYRAMID QUAIL:CR QUIL CC UINT Cl `RATHMEL, RHODEN, RICCI, RITTENME ROCCA WE RD ERS,S. ROGERS, `ROURKE.`� RUPPERTs SADLER,F SAMUEL, SCHMEIC SCHNOEBE SECURITY SHAY, LI ESHIMONr• SHORT, E SIEG CO. J SIEG: DUI SINGLETC SLADEK, SLAGER E SNIDER, SPRINKLE SRECO o0 W i COUNCIL LISTING' NT CO. Y ION AND SUPPLY PMENT CO. Y LL URS, LTD. BODY EQUIPMENT CO. HITECTS ASSOC. VALLEY ORCHARDS SUPPLY CO. EMMET AKE IOWA, INC. UIPMENT, INC. STRIES, INC. DONALD , SERVICE, INC. EEK GOLF COURSE RP. TIES FORD TRUCK `SALES CLEO M.. UANITA KAY SMITH YER, ADRIAN LDING�& REPAIR , - LESLIE AUGUST 31, 1983 AMOUNT 34.75 292.93 400.00 1, 273. 95 42, 710. 30 26.10 705.27 17, 292. 09 2,611.04 14.00 50.00 758.64 952.00 61.87 500.00 288.19 93..50 190.25 97.39 1, 142. 13 46.73 995.02 523.46 52.50 105.24 98, 814. 57 9.00 4.00 1.65 596.91 4,034.79 763.05 514.53 4.00 673.08 653.58 12.00 iL 168,36 3.60 8.00 296.00 437.67 761.69 E 300,00 839.78 20. 87 30.00 3.50 695.00 706.7,5 262.86 39.56 .._.. ....._....ter JORM MICR+LA13 -CEDAR RAPIDS • DES MOINES IS � I 1 COUNCIL LISTING NAME 1 MARY LEE TYNKLE3R, RICHARD C. TODD CORP. TOWNSEND ROOFING & SHEET METAL FUND TOTAL AUGUST 31, 1963 IPTION i INCE I -RET. TRUCK SERVICE i CE OVEMENT ES GES EQUIP AMOUNT 20. 502. 675. 40. i 45. 2, 1 ".� TRIPLETT RS100. OFFICE SUPPLY & U OF IA. BUSINESS OFFICE U OF IA. IOWA MEMORIAL UN IREPAIR U OF IA. RECREATIONAL SERI UNION BUS DEPOT VILLHAUER, HERMAN VITOSH,-RAYMOND VORBRICH, MRS: DALE VOSS PETROLEUM CO. , INC. 1 WACHAL ROBERT WAGNER PONTIAC-JEEP, INC. ! WANDLING & ASSOCIATES, INC. WEHMEYER, MARJORIE WEINSTEIN, LYNN _ WHITE,.LETA WHITE, TOM WINEBRENNER' FORD, INC. WOLF,. HERMAN C0PI -ZEPHYR COPIES ZYTRON EMIL i f i ;W FUND TOTAL AUGUST 31, 1963 IPTION i INCE I -RET. TRUCK SERVICE i CE OVEMENT ES GES EQUIP AMOUNT 20. 502. 675. 40. i 45. 2, 1 ".� 548. 68 RS100. 00 5,201.98 5.50 1, 905. 35 IREPAIR 4. 20 5.80 24.00 1,080,791.61 __..__MICROFRMED.BY JORM MICR+LAB J4( CEDAR. RAPIDS •DES MOINES j: .i 1 VENDOR NAME FUND: SPECIAL REVENUE FUND HILLCREST FAMILY SERV. i -IOWA ASSOC. SUPPLYSCO. IOWA CITY.ASSOC. OF IOWA CITY PETTY CASH IOWA. CITY PRESS-CITIZI IPERS IPERS FOAB' JOHNSON COUNTY ABSTRAI LILLEG, MICHAEL & DIAI NORTHWESTERN' BELL SAYLOR-LOCKSMITHING AND SHIVE-HATTERY & ASSOCIATES SLEZAK. MARGARET AND MCDANIEL COUNCIL LISTING AUGUST 31, 1983 PRODUCT DECRIPTION AMOUNT L FUND TOTAL 111. 5.1 254. 50 10.00 23, 400. 00 125.00 35.00 11.25 26. 52 63: 91 500.36 588. 91 '55.00 4,137.96 92.39 16.98 2,446.48 4,711.20 92.39 B. 75 36,686. 14 MICROFILMED_BY__ .' 1 JORM ,MICR#LAB j}f CEDAR RAPIDS DEC MOINES I 77 i i COUNCIL'LISTING AUGUST 31, 1983 I VENDOR NAME I PRODUCT DECRIPTION AMOUNT I ASSISTED HOUSING VARIOUS LANDLORDS RENT 66,460.25 (,.CITY OF IOWA CITY EXPENSES 16,260.83 K'& G VACANCY LOSS 210.00 j:.,ALLAN`POOTS & ASSOCIATES RENT 237.00 CLIFFORD'WALTERS RENT 217.00 PIERE ALDERSHOF R"T 152.00 !.TERRY DICKENS RENT 100.00 UNIVERSITY OF IOWA RENT 127.00 KNOLLRIDGE GARDEN APTS. RENT 108.00 ALLAN 'POOTS.&`ASSOCIATES RENT 237.00 UNIVERSITY:-0F-IOWA RENT 62.50 UNIVERSIT.Y.OF IOWA RENT 192.00 "`. ROBERT•R:-EVANS RENT 207.00 ,-UNIVERSITY OF IOWA RENT 151.50 TOWNCREST MOBILE HOME COURT RENT 160.00 DEPT: OF-HOUSING & URBAN DEV. RETURN OF OVERPAYMENT 19,947,90 i ASSISTED HSG. TOTAL 104,829.98 �.. GRAND TOTAL 2,537,640.80 i w . ,w JORM.. MICR+LAB ' ,CEDAR RRPIDS DES MOINES - SEP 91983 D �-ea,& tCtGdaPz'J CITY CLERK /yJ//�/ .!Llir /9 .�riao./ccLc� / `vim aZtr,a— � Q4LL2/)L��7 �2s�yv �ie�.//ou;��r7J��c�. �fo.� � •/2�u e�-c% (J „�!LE%GC�viGi��L/y�C'JC=-G!L(it/.�`-'wG��/�1�2"_�fi1A 4 MICRO JORM MIGR+LA9 • CEDAR, RSP!OS - DES MOINES I I i i � i I i 1 OFILMED. DY_.__ •JORM MICR�LAO CEDAR RPRIDS • DES MOINES i RALPH L NEUZIL DALESANDERSON NEUZIL & SANDERSON ATTORNEYS AT LAW 617 South Dubuque Street P.O. Box 1607 lows CITY, Iowa 52244 September 13, 1983 Telephone: Iowa CRY (319) 3373197 Oxford (319) 5284175 SEP 1 41983 D City Council of Iowa City I Civic Center MARIAN K I Iowa City, Iowa 52240 CITY KARR CLERK (3) Re: Chicago -Rock Island and Pacific Railroad Co. F Depot Building ? Dear Council Members: f In December of 1981, Ralph L. the old Rock Island Depot buildinglocateduonlWrightandyselfStreetpincIowadCity, Iowa. The building was for sale for the past year or so but was not E purchased by anyone. t We have decided to remodel the building and use it for our law it offices as well as having some rental space left over, ) Aground of the site has indicated that the cano ' g y the canopy 'support located on the north side facing Wright Streetnd encroaches in the Wright Street right-of-way approximately 1.3 feet. i Further, the City Engineer has indicated that because Ofthis,canopy 1 encroachment; .that the building is non -conforming and no building permits can be issued until the canopy is removed 'or the City Council of Iowa City passes a resolution allowing the can support and canopy to continue to exist in the public right-of-way even though for a private use. The canopy support and canopy re the rest of the building and are averintesralcted in 1898, along with part of The Depot was placed on the National Register of HistorictPlaces uonure. December 10, 1982, The application to have the depot placed on the historic register was not prepared by us but does contain.some information concerning the architecture of the building, The applicant stated, and I ) quote, !!The Chicago, Rock Island and Pacific Railroad Passenger Station, located on the southern edge of Iowa City's has been one ethe City's principal landmorks since itsc_ completion in downtown commercial district I 1898 'Architeccturally, this building is a good example of Victorian eclecticism, and in this particular structure the Richardsonian and Victorian Romanesque styles predominate, Henry Hobson Richardson's j influence can be most clearly seen in the round arches in the Porte cochere on the station's north side and the large hipped roof with flared eaves and large brackets that cap the building.,, t i i 1999 .:,- - _...,,MICROFILMED SY._. - .. l JORM MICR+LA13 CEDAR RAPIDS • DE£ MOINES 1 ■ Page Two Council -Depot September 13, 1983 The loss of the canopy would do irreparable harm to the historical character of the building and its removal would gain very City of Iowa City. little for the Additionally, we are trying to do our remodeling in such a fashion so as to qualify as a certified historical renovation and the loss of the canopy would make it very difficult to qualify for the 25% rehabilitation credit for preserving historical structures. We would like to be able to move into the building by December of 1983 and it would be appreciated if the Council could act on this matter at its early convenience so that we can obtain building permits to continue with the.work on the structure. The canopy has existed in its You are unfamiliar with the building present location for 85 years. If and I think , please take the time to drive by you will what a terrible loss to this historical structure the destruction of the canopy would be. 1;ti Very truly yours, Dale Sanderson, Attorney at Law .MICROFILMED t JORM,_ MICR+LAB , CEDAR RAPIDS -DES MOINES I 1 q� 0) WILL J. HAYEK (1896.1982) JOHN W. HAYEK C. PETER HAYEK C. JOSEPH HOLLAND WILLIAM D. WERGER RECE. `p SEP 19 1983 HAYEK, HAYEK, HAYEK & HOLLAND ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY, IOWA 62240.3976 September 16, 1983 Mayor of Iowa City and City Council of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: 820 Woodside Drive, Iowa City Dear Mayor and Council Members: AREA CODE 319 337-9606 This letter is to request that the matter of authorizing the issuance of a sidewalk release for 820 Woodside Drive be Put on your agenda for consideration by the Council. I am enclosing a copy of a letter of May 21, 1982, to Neal Berlin which sets out the, basic facts concerning this request. If you will recall, the City Council met and discussed this matter in informal session sometime last fall My recol- lection is had most members of the City Council indicated as the Legal De Particular problem with the request as long P tment had no objections. I have met with Assistant City Attorney Richard Boyle and understand that the Legal Department will be making a report to you concerning this matter and that, in essence, the Legal Department sees no particular problems with the request. Accordingly, would you please place a resolution on your agenda authorizing theissuance of a city sidewalk release so that this matter can be resolved before the end of the year. MYclients,tthemoneybeintwould very much like to obtain a g held in escrow in connection with their December, 1981, real estate transaction. Thank you for your cooperation in this matter. Very tru y Ycors, JWH:cs h 1. ayek cc: Professor and Mrs. Harold Shipton Patricia Kamath Assistant City Attorney Richard Boyle .. -+,.. _____...MICROFILMED BY...__,.' JORM MICR+LA]3 'I ,CEDAR RAPIDS • DES MOINES ' 1900 May 21, 1982 Mr. Neal Berlin City Manager Iowa City.Civic Center Iowa City, Iowa 52240 Re: 820 Woodside Drive, Iowa City Dear Neal: This letter is to follow up on our conversation in your matter. As I l 1 office on May 21,•1982, concerning the above I represent Professor and Mrs. Harold indicated to you, Shipton who now live in St. Louis. In December of 1981, Royining . they sold their property at 820 Patricia DriveKamathtoiMr. am Dawson. Mr. Dawson's attorney, discovered that a city sidewalk release had i the abstract never been issued for the property involved, being Lot 5, copy of Ms- Terrace Hill Addition, Part 3. I am enclosing:a opinion. You should note particularly _ Ramath's.title paragraph,6 thereof. we had thought that it would be sidewalk release for this relatively, simple to obtain a city but that has not proven to be the case. Accordingly, property I would like, by this letter, to bring this matter to your it Chuck further attention and ask that you review with Schmadeke and get back in touch with me. My research indicates that Terrace Hi1L.Addition.Part 3 the City was platted sometime in 1961. An agreement between Beeler Development Company, was and the then developer, entered into providing for construction of public improve- Lot 5 ments- In May of 1962 Beeler Development Company.sold Apparently, it was contemplated to a Mr. William R. Beasley. the including the City at that time that a sidewalk by parties would be installed only on the portion of the lot facing the contract Woodside Drive. Tam unclosing a copy of Beasley dated May of between Beeler Development Company and in 6 th contract eeller,pthegraph oforill thenote words, devoloperereof in otlert facing on provides1962. install concrete paving and a public sidewalk .•• -_ MICRO.. ..FILMED BY. .._:..... ii JORM MICR#LAB CEDAR RAPIDS - DE.' MOI MES I *r M Neal Berlin Page Two May 21, 1962 Woodside Drive adjacent to said lot, "according to the plans and specifications of the City of Iowa City and under of thate attsupervision of City Engineer." ated, a c ontract ie attached and again you shouldmake particular reference to paragraph 6 of that contract. Mr. and Mr's*. Shipton purchased Lot 5 in August of 1963. In talking with the Shiptons they were never made aware that any kind of city sidewalk release was required or that there bysBany eelereDevelopment Company aith yearhoritwoovements constructed earlier, Neal, at this point, it has been twenty years since presumably Beeler Development Company installed the paving and sidewalk on Woodside Drive ". under supervision of the City Engineer." In this twenty year period of time to the ,best of my knowledge the City has never requested that a sidewalk be constructed along Oakcrest Street which is the other street abutting Lot'S. Now that we are requesting that a formal city release of the provisions of the twenty-one year old development agreement be given, the City apparently at this point is reluctant to do ao. We do not think, that this is fair. If a sidewalk is necessary along Oakcrest because of present day traffic loads, then it can be installed and the cost thereof assessed to the property owners including Mr. Dawson. It is quite obvious that in 1961 and in 1962 the City did not feel that.a sidewalk was necessary along Oakcrest and did not require the property owners to install one. The release that we are requesting would relate only to the 1961 development agreement. It iaould not preclude the City from installing a sidewalk in the future by assessment or otherwise. We do think it unfair and.unjust to require the Shiptons to pay the very substantial cost of installing the sidewalk because of the provisions of an agreement that apparently has been forgotten for over twenty years. Please review this and get back in touch with me. very truly yours, John W. Hayek JWHtpl Enclosures cc: Professor and Mrs. Harold Shipton Patricia Kamath .. _. MICRDE.ILMED. BY .__._. �.. `1 JORM MICR+LAB -CEOAR RPP!DS • DED MOINES I ,�o•. gal WILLIAM L.MEARDON WILLIAM F. SUEPPEL ROBERT N. DOWNER JAMES P. HAYES JAMES D. McCARRAGHER THOMAS J. CILEK MARK T. HAMER THOMAS O. HOBART MARGARET T. LAINSON ANGELA M. RYAN DOUGLAS D. RUPPERT MEARDON, SUEPPEL, DOWNER & HAYES LAWYERS 122 SOUTH LINN STREET IOWA CITY, IOWA 52240 September 19, 1983 F � L E SEP 21 1983 CITY CLERK TELEPHONE 3389222 AREA CODE 319 The Honorable Mayor and Members of the City Council City of Iowa City 410 East Washington Iowa City, IA 52240 Re: Street, sewer and water problems in Taft Speedway area Dear Mayor Neuhauser, Ms. Dickson and Gentlemen: Our office represents Mr. and Mrs. William P. Gilpin who are owner-oceupants of the property located at 301 Taft Speedway in Iowa City. Mr. and Mrs. Gilpin have requested that we write to you for the purpose of expressing their concerns regarding street, sewer and water line conditions in the area of Taft Speedway. As you know, this property is quite low in comparison to the Iowa River. Each Spring, with increases in the level of the water table generally,,considerable upward pressure is generated which makes Taft Speedway impassable for substantial lengths of time. I am enclosing same photographs taken during the Spring of 1983. Taft Speedway is one Of the few streets in Iowa City which is not hard surfaced. Although the property utilizing Taft Speedway for access purposes at this time is primarily single family in nature, there is property owned by Mr. and Mrs. Jack Young at the west end of Taft Speedway which has been zoned for multi -family dwellings. Another request was recently made for multi -family zoning and, although that application was rejected, the property which was the subject of the application is now being filled. A large church is presently under construction adjacent to Taft Speedway, which property is also being filled. Because of the relatively close proximity of this property to downtown Iota City and the University of Iowa campus, it would appear to Mr. and Mrs. Gilpin that the area will be the site of additional development in the very near future. Flor this reason; it would appear that planning for extension of municipal services to this area is imperative before the City is faced with requests for further developnent. ,.... r,,.._.._..:.....,...MICROFILMED..BY__._:._._� ......� JORM MICR+LAE3 -CEDAR RAPIDS - DES MOINES I Mayor and City Council City of Iowa City September 19, 1983 Page 2 At the present time, the properties along Taft Speedway are served by individual wells and septic tanks. This is a particular problem during the periods when the property is susceptible to flooding. Because of the sewer which was recently constructed along North Dubuque Street, itwould appear that it would now be appropriate to consider the extension of sewer service along Taft Speedway, Fire protection is a serious problem in this area, with the closest fire hydrants being along North Dubuque Street. Being able to get fire trucks to properties along Taft Speedway would be a critical problem during periods when the roadway is flooded. As you ]mow, this property was annexed to the City of Iowa City many years ago in an involuntary annexation during which it was established that the City of Iowa City had the capability of extending necessary municipal services to the area. Very little, if anything, has been done to serve or benefit this area during the period of time that it has been within the corporate limits of Iowa City. Mr, and Mrs. Gilpin certainly understand that there have been substantial pressures upon the City of Iowa City for extension of city services and that this extension with respect to sewers was not possible until the installation of the new sewer along North Dubuque Street. However, that has been completed, and Mr. and Mrs. Gilpin would submit that the time has cane for consideration of the grading and hard surfacing of Taft Speedway as well as extension of sewer and water lines. The roadway, sewer and water lines to which these improvements could be connected are all now in place. The development of necessary municipal services in this area should be planned and implemented before the City is faced with further requests from private developers for subdivision and development of the area. If there is any further information which Mr. and Mrs. Gilpin could furnish with respect to this matter, I am certain that they would be happy to do so. Thank you very much for your co ideration. V v yo , � to R M:jc Enclosures cc: Mr. and Mrs. William P. Gilpin },. ....11ICROFILMED.BS..1._„_,�.�. _. JORM MICR+LA9 CEDAR RAPIDS • DEC MOINES j(4 1 F i i 7 I 9 i I Ij f i r 1 i i i i I n�tq CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 November 16, 1983 Mr. Robert N. Downer Meardon, Sueppel, Downer & Hayes 122 S. Linn Street Iowa City, Iowa 52240 Re: Public Improveemm�entss along Taft Speedway Dear Mr. pd'wner: Your letter concerning street, sewer, and water problems in the Taft Speedway area was received and placed on file at the September 27, 1983, meeting of the City Council. Each of the public improvements (water, sewer, and street paving) mentioned in your letter must be considered separately because of the various methods of construction and financing. The water main is presently located at Taft Speedway in Dubuque Street and can be extended westerly along Taft Speedway by City work crews. Prior to the water main extension, however, each property owner along the route must enter into an agreement with the City agreeing to pay one-half the fee, per front foot of property owned, for the size main required to serve said property at such time as the owner or subsequent owners of the property tap onto the water main. The minimum size main is 6". The current fee for a 6" main is $9.45 per running foot or $4.73 per front foot of property. Sanitary sewer was extended to the intersection of Taft Speedway and Dubuque Street in 1981 as part of the River Corridor Sewer project. The City's waste water facility plan recommends that a 33" sanitary sewer line be extended along Taft Speedway in order to provide adequate depth and capacity to serve future development upstream from Taft Speedway. This sewer extension is included in the City's current five-year Capital Improvements Program. However, the City Council is not committed to actual construction until contracts are executed for the project. The paving of Taft Speedway cannot take place until after the sanitary sewer has been installed since sewer services will necessarily be placed under the pavement. In addition, since Taft Speedway is a City -owned street, developers of land adjacent to the street are not required to provide paving. The street can be paved by special assessment to the adjacent properties. The cost of the pavement, including related storm sewer and grading, is approximately $110.00 per running foot or $55.00 per front foot of property. 4 141CROFILMED.BY .. i JORM MICR+LAB CEDAR RAPIDS - DE: MOINES 1 ■ Mr. Downer November 16, 1983 Page 2 If you have any other questions concerning City services, please feel free to contact me. Sincerel�yourr Neal G. Ber15n City Manager cc: Mr. & Mrs. William P. Gilpin City Counci1Z City Clerk JORM - MICR+LA9 ;I CEDAR RKP1DS • DU MOINES' ' I rI_ j, �l i h j it JORM - MICR+LA9 ;I CEDAR RKP1DS • DU MOINES' ' PRO- WIPF t I i 19 September 1983 Mayor !clary Newhauser and Members of the Iowa City Council Iowa City Civic Center Iora City, Iowa $2240 Dear Friends: � o R � M SEP 2 21983 MARIAN K. KARR CITY CLERK (3) We want to go on record in opposition to the proposed City Ordinance on Rent Control. We have read the Ordinance and were in attendance at the Public Hearing to listen and try to understand the proposal. we wish to commend you as members of the City Council and you Mayor Mary Newhauser in particular for conducting one of the best Public Hearings we have ever attended and, I might add, there have been many. However, are left the Public Hearing with a number of puzzling, serious questions such as the following: Do we really need Rent Control? Given the recognized large number of new housing units and the tremendous number of vacancies of all types (as evidenced by advertisements in both daily papers) we wonder, — is there really a housing shortage? Should an owner, who takes all the risks,have no control over his property? Is it wise for any City Council to abdicate its responsibility for control over its Boards and Commissions? Should the members of any Board'or Commission be beyond the jurisdiction of elected members of our governing body — The City Council? Given the incredible number of technical responsibilities outlined in the Ordinance, will there be any qualified person who will be willing to serve on the five person board and give their services without pay to govern the private affairs of their fellow citizens?' Can Iowa City afford to damage the fine relationships which exist betwreen many owners and their tenants by the enactment of Rent Control? Can Iona City sit back and watch housing development occur around its perimeter because Rent Control curbs investments within the City limits? _�... _._ACRUILMEDAY.... JORMMICR+LAI •6EDAR RAPIDS • DE: .0.... t 1 Page -2- To-Iona City C('�i1 Re -Rent Control From- K. & U. MacDonald What will be the impact on properties, their improvements, their taxes? Who but the already overburdened home owner will pick up the tab for the expenses for the enforcement of this Ordinance and the considerable loss of taxes because of the reduced income of many of our citizens? I am sure that you as members of the City Council are aware of the deterioration and disappearance of rental properties in cities where Rent Control has been enacted. We respectfully request your vote against this Ordinance. 3incexely, Marg MacDonald K eth lfacDonald R. R. //6, Iowa City, Iowa 4 DR. R. 1, Box 43 UUU GFP 221983 Iowa City, Irnaa 52240 MARIAN K. KARR September 21, 1943 Iowa City City Council Members CITY CLERK (3) Civic Center Icwa City, Imia 52240 Re: Proposed Rent Control Ordinance Dear Idembers of The Council: Since business and industry place great importance on the economic climate of a community which they are considering as a location for a new plant or business, or the expansion of one already in existence, it seems to me that it is imperative to have a unanimous vote in rejecting the proposed rent control ordinance. Therefore, I would urge each of you to consider the negative impact one, two, or tbree "yes" votes could have on the economic development of our community. A simple majority "no" vote is just not good enough for this vary important issue of economic development'. Currently, there is no shortage of rental property in our community. Previous shortages have been caused by high interest rates, high inflation, and a rapid expansion of our population. The later two are uunder The solutiotio control and interest rates have moderated recently. n to a temporary problem is not to impose a permanent ordinance that purports to solve the problem. The ,present shortage of rental property exists only in the lower and lower average price range. Rent control would not be of help to this group of renters, but would, in fact, lessen the supply of these kinds of rental units based on experiences of other communities. By adopting this ordinance, the council would transfer authority from the council to a non -elected board with very little control by the council. This goes against the principle of representative government. This board becomes extremely powerful, overburdened, and in actual practice makes public policy. control that the It has been shownin communities that have rent number of rental units has actually decreased. Please recall the situation in Berkley, California in which the actual number of rental units de- creased by 2000 to 3000 after rent control went into effect according to the Executive Secretary of the Chamber of Commerce. Also refer to the attached article by Senator Thomas Eagleton (Democrat, I•fissouri) from the August, 1977 Reader's Digest. The experience in Berkley has been that rental units are vigorously marketed as condos and new units are just not built. Also, competition has been stifled which causes a lackadaisical attitude towards tenants and maintenance to develop. JORM MICR+LAB :I -CEDAR RAPIDS • DES MOINES ■ Iowa City City Counc Proposed Rent Control Ord ace Page 2 An active black market has also developed tahich causes rents to in- crease at an abnormal rate. As we all know, rent control tends to reduce the value of rental property t which in turn eventually reduces the assessed valuation and causes a shift of the tax burden to other types of property. Much of the statistical information provided by the proponents of the proposed ordinance is just not realistic nor does it provide a reliable justification for supporting rent control. An explanation of this was presented to you at the public hearing by others opposed to the proposed ordinance. Please refer again to the attached article mentioned earlier in this letter. It makes nary of the same points presented to you at the at the public hearing. It can be safely said, I think, that no comments the of this article. rly public hearing were made because of contents wife recalled after the public hearing reading the article some years back. We then found the article and were pleased to learn that Senator Eagleton made many of the points brought out in the public hearing. In a careful analysis of the issue, I think that one can draw the indirectly :.; follo<ring conclusions: 1) Everyone directly involved and many involved sill lose with a rent control ordinance, and 2) those mho will lose the most are those seeking moderate to low cost rental housing. I, therefore, urge that a unanimous vote be cast against this ordinance in the best interests of the economic development of our community, in the in the best interests best interests of the renters of our community, and community. of all property ecmers (home) business, and rental) of our Thank you for the time you have given to the careful study and consideration of this and other issues that come before you. Sincerely yours, Edorin K. Barker WHY RENT CONTROLS DON'T WORE Readers Digest August, 1977 By Sen. Thomas F. Eagleton (Democrat, Missouri) Across the nation, rent -control ordinances are gain- ing acceptance. But -as one•.Democratic legislator has learned -they play a cruel hoax on the very people they're designed to help. ' Retired teacher, Alicia Byrd (not her real name) lived for 38 years in the same impeccably maintained Washington, D.C. apartment development. When the city government adopted strict rent controls, Miss Byrd and her 174 fellow tenants liked the idea. After all, who wants to pay higher rents? Now, four years later, she says, "I see how ill-advised rent controls can be." Earlier last year, in what came as a traumatic shock to many of the resi- dents -especially the elderly -the apartments' owners announced that the buildings had been sold and soon would be razed for construction of an office building. "We had no choice," say the owners. "With rents controlled and operating costs skyrocketing, the buildings were simply no longer profitable." Alicia Byrd learned the hard way that rent controls provide a cure worse than the disease. Yet government control of rents has gained widespread accep- tance in this country. In the last four years, some 200 cities and counties have adopted controls, and hundreds more are considering them. Not long ago, rent controls were regarded as a wartime phenomenon, im- posed along with wage and price controls to block profiteering in times of national emergency. But following expiration of the Nixon Administration price controls, which covered housing, there were immediate pressures on localities to impose long-term ceilings on rents. Many quickly acceded. From a political standpoint, it was not surprising. There are far more renters than landlords. And when prices soar, immense pressure is exerted on govern- ment officials to stop the spiral. While restriction of commerce is usually beyond the legal reach of local officials, they can enact statutes limiting rents. Had I been serving on a city council, I, too, could well have voted to impose controls. However, as chairman of the Senate District of Columbia Committee (which reviews the actions of Washington's elected city government), I conducted a wide-ranging investigation into rent control in the nation's capital. The facts that emerged have had a profound impact on my attitudes toward rent control. For the sad truth is that rent controls -enacted for the best of motives to protect middle -and low-income tenants -actually work against the very people they were designed to aid. Washington's rent -control program has driven apartment owners, large and small, out of business. For example, more than 60 renters lost their apart- ments when their building'was converted into a more profitable home for the aged. Recently, a modern 170 unit apartment structure- built less than ten years ago- went on the market with advertising publicly warning that as a residen- tial rental property it was not a good investment. Studies estimate that Washington will need more than 1200 new rental .fir--------_--------._.__. _- _. �.... ._...........MICROFILMED_BY _.._..� t JORM MICR+LAB .CEDAR RIFRIDS • DES MOINES i units each year to keep up with demand. Since the implementation of rent con- trols, however, the city has experienced a net loss in available units. Worse, still, the construction of private apartments has virtually ceased. Washing- ton's leading mortgage lender has publicly stated that no loans will be consider- ed for apartment development until there is an adequate return to the investor. Even city officials who once championed rent control now concede that the pro- gram should be phased out. In a free-market economy, price and supply are regulated by demand. If prospective tenants outnumber available apartments, rents will increase, bui so, too, will investments, prompting more apartment construction. Ideally, a the number of available apartments increases, pricez will stabilize. Con- trols, however, interfere with the law of supply and demand. As George Stern- lieb, a respected housing authority and head of Rutgers University's Center for Urban Policy Research, testified before my committee: "By cutting off the creation of new housing, you will have further housing squeezes, justifying the continuance of rent control, because clearly the housing shortage will get worse, not better." The effect of rent control on apartment -building maintenance is also insidious. Today, instead of replacing leaky roofs, owners frequently patch them. Painting has been postponed indefinitely in many projects. In one 35 year-old building, the pipes are sorely in need of replacement. Once, says the owner, he would have replaced them all. Now he is making only emergency repairs because he insists that he can't get the rent increases needed to make new plumbing worthwhile. Moreover, with no end to controls in sight, he questions whether he should invest any substantial sum to upgrade his property. Unfortunately, it is the poor and lower-income residents of apartment buildings -the very people rent controls are supposed to help most -who are the primary'victi.ms of a system which provides an incentive for decay. (Affluent apartment dwellers typically live in 'newer structures valued more by owners and less dependent on timely maintenance). The owners of one development in Washington appealed to the rent commission for increases to finance essential roof repairs. Shortly after the appeal had been turned down, building in- spectors demanded that a roof be repaired and threatened to lift the owners' apartment license if it was not. Result: a 17 -unit building was closed; its windows were boarded up and its tenants left to find housing elsewhere. Declares Flaxie Pinkett, head of a property -management firm and one of the city's most progressive citizens: "No one in his right mind would consider substantial rehabilitation of a property in the city as long as the law is on the books." Along with contributing to urban blight, the city's rent -control procedures also create demoralizing and costly red tape -"an administrative nightmare" says the Washington Post. It took one apartment building owner six months - and a good lawyer -to win a hardship rent increase despite the fact that not a single tenant opposed his application. Another modest apartment investor waited more than two years before winning an emergency increase on a building that clearly was losing money throughout the period. "I spend more time coping with rent control than I do running a good apartment building," he says. Often "hardship increases" do not approach the actual rise in owners' costs. In court actions, apartment owners have argued that they should be allowed to pass-through unavoidable increases in operating costs. But the city contends: "Unlimited passthroughs would mean no control of rents at all." Even the act of registering with the rent -control office is a major hassle. A government worker who owns four rental units told our committee how he went to the rent commission on his lunch hour, intending to register his modest prop- erties quickly. Instead, he was given 15 pages of forms which were so complex he had to seek legal help to complete them. Those who want to see where rent controls ultimately lead need only examine .--,...I41CROFILIIED.BY.. ..-__. i.... (4 JORM MICR( LAB - CEDAR R4105 DES MOINES i. 403 1 the experience of New York city, where 30 years of rent controls have had a devastating effect on private -apartment housing. In recent years, apartments have been abandoned at a rate of more than 2 handsome apartment buildings once stood resemble bombed -out European cities S,000.a year. Some areas where Ln the aftermath of the war. True, many economic and sociological factors have contributed to the shock - .ng state of affairs in the city. But numerous studies make clear that rent-con- .rol laws have had a major role in the decay of the city's housing supply. De- lares Roger Starr, Former head of New York City's Housing and Development Admin- stration:. "Rent control discourages investment in older housing, hastens qu deterioration of existing buildings and keeps the supply permanetly inad- he de.' Rent controls also have contributed significantly to New York's fiscal risis. The city has lost tens of millions of dollars in property taxes be- ause of abandonments and reduced assessments on decaying rent -control erties. Yet administering controls costs taxpayers more than 1 nnually. pro- Throu $ 3 million Throughout my political career I have worked to promote decent housing for ois and elderly Americans. Opposition to rent controls is consistent with is record. The Washington Star put it best by comparing such controls to and drugs: "Starting is euphoric. Trying to stop is painful. Continuing disaster." JORM, MICR+LA9 j •I CEDAR RAPIDS • DES MOINES U i c P a P th h `I is I i i ,I the experience of New York city, where 30 years of rent controls have had a devastating effect on private -apartment housing. In recent years, apartments have been abandoned at a rate of more than 2 handsome apartment buildings once stood resemble bombed -out European cities S,000.a year. Some areas where Ln the aftermath of the war. True, many economic and sociological factors have contributed to the shock - .ng state of affairs in the city. But numerous studies make clear that rent-con- .rol laws have had a major role in the decay of the city's housing supply. De- lares Roger Starr, Former head of New York City's Housing and Development Admin- stration:. "Rent control discourages investment in older housing, hastens qu deterioration of existing buildings and keeps the supply permanetly inad- he de.' Rent controls also have contributed significantly to New York's fiscal risis. The city has lost tens of millions of dollars in property taxes be- ause of abandonments and reduced assessments on decaying rent -control erties. Yet administering controls costs taxpayers more than 1 nnually. pro- Throu $ 3 million Throughout my political career I have worked to promote decent housing for ois and elderly Americans. Opposition to rent controls is consistent with is record. The Washington Star put it best by comparing such controls to and drugs: "Starting is euphoric. Trying to stop is painful. Continuing disaster." JORM, MICR+LA9 j •I CEDAR RAPIDS • DES MOINES i i i I IN tom slockelt Johnson county auditor commissioner of elect.ion8 0 voter regislralion f - The Honorable Mary Neuhauser Mayor and Members of the City Council Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Dear Mayor Neuhauser and Council Members: L E 0 SEP 2 2 1983 CITY CLERK September 22, 1983 We are now searching for a place to replace Central Junior High as the polling place for Iowa City's precinct 20. The Civic Center is located in that precinct and I believe that it would serve as an excellent polling place. On September 21st, my Elections Deputy, Sandra Steinbach, visited the Civic Center and spoke with Assistant City Manager Dale Helling about the possible space available there. The Council Chambers is the only area, in the building of sufficient size and accessibility to the handica ed to b 't bl f pp a sui a e or use. I am aware that the City Council meets every other Tuesday night and that occasionally an -election would conflict with a council meeting. That is why I wish to discuss this matter with you at your informal meeting on Monday, September 26th. If you have any suggestions regarding other possible polling places in the precinct, I would certainly be interested in hearing them. Thank you for your consideration. I look forward to seeing you on Monday. Sincerely, Tom Slockett Johnson County Auditor and Commissioner of Elections SJS:ke 417 a clinlon • iowa city. iowa 52240 _ `!. ..... _.. 111CROEILME6 _BY _.-. -...�. JORM MICR+LAB CEDAR RbRIDS • DES MOINES 319-338-5428 jgdj i- i a°L1 HAYEK, HAYEK, HAYEK & HOLLAND WILL J. HAYEK (1095.1982) ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY. IOWA 52240.3975 C. JOSEPH HOLLAND WILLIAM G. WERGER September 21, 1983 Mayor of Iowa City and City Council of Iowa City c/o Neal Berlin City Manager Civic Center 410 East Washington Street Iowa City, Iowa 52240 AREA CODE 919 337.9606 Re: Lyman Addition Associates Madam Mayor and City Council Members: The city manager suggested that I write to you regarding Lyman Addition Associates construction project on Gilbert Street near Burlington. As you know, this is a twenty-eight - -unit multi -family residential housing development. We wanted to make certain that you were also aware that there are two office units in the structure. The floor plan for this building is one of standard design. It was modified to increase the number of one bedroom apartments, as these are the type units most in demand for the city's leased housing program. This left an area of I. vacant space in the building which is intended for office use. This use was indicated in the building plans submitted 'I to Housing Inspection in connection with the building permit -i proceedings. Mr. Clark also advised Rosemary Vitosh of this in connection with the revenue bond application. { This does not affect the status of the revenue bonds, j according to bond council. We are writing simply to make certain that you are aware of the total design of the project. L If you have any questions, I will be happy to respond to I I those. JORM MIC R+LAB' ,CEDAR WP16S BE: MOINES 1 -1 CITY OF IOWA CHIC CENTER 410 E. WASHINGTON ST. IOWA CIN, IOWA 52240 Date 8/27/83 CITY (319) 356-5000 ATTEST: MY Clerk f , 8..., _.�.MICROFILMEO DY___ �. JORM. MICR+LAB CEDAR RMDS • DES MOINES 1 John Maxwell lgol i r i I I i I i I I I is i I i Date 8/27/83 CITY (319) 356-5000 ATTEST: MY Clerk f , 8..., _.�.MICROFILMEO DY___ �. JORM. MICR+LAB CEDAR RMDS • DES MOINES 1 John Maxwell lgol 1-� CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Date 8/15/83 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Electrician We, the undersigned members of the Civil Service Commission of q Iowa City, Iowa, do hereby certify the following named persons in the order of.their standing as eligible for the oosition of Electrician/Traffic Engineerinq James Daly Hired— 8115183 ATTEST: City Clerk _...MICROFILMED - BY- JORM MICR+LAB CEDAR RAPIDS - DU MOINES i. A i. Date 8/15/83 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Electrician We, the undersigned members of the Civil Service Commission of q Iowa City, Iowa, do hereby certify the following named persons in the order of.their standing as eligible for the oosition of Electrician/Traffic Engineerinq James Daly Hired— 8115183 ATTEST: City Clerk _...MICROFILMED - BY- JORM MICR+LAB CEDAR RAPIDS - DU MOINES 11 CITY OF IOWA C CIVIC CENFER 410 E. WASHINGTON ST IOWA CITY, IOWA 52240 (319) 356-5000 Date 8/15/83 T0: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker I/Wa er ' I We, the undersigned•members bf the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the Position I. of Maintenance Worker I/Water Ron Griffin Hired-- 8/15/83 Bruce L. a er o n axwe ATTEST: City,Clerk ._..:•_.._.._,____MICROFILMED. BY__.._._._7. JORM; MICR+LAB • CEDAR RAPIDS • DES MOINES 1 jj I 102 j Date 8/15/83 T0: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker I/Wa er ' I We, the undersigned•members bf the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the Position I. of Maintenance Worker I/Water Ron Griffin Hired-- 8/15/83 Bruce L. a er o n axwe ATTEST: City,Clerk ._..:•_.._.._,____MICROFILMED. BY__.._._._7. JORM; MICR+LAB • CEDAR RAPIDS • DES MOINES 1 jj I 102 r, CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (3191356-5= Date 8/2/83 i T0: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - PPT Mass Transit Operator i We, the undersigned members of the Civil Service Commission of I Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position Of PPT Mace Tr -noir n to fTr,neit Kenneth Hegwood Hired-- 8/2/83 I ATTEST: Cit Clerk { _.___._._._MICROEILMEO:.BY.._._.___'.. JORM MICR+LAB I -CEDAR RAR'.DS • DES MOINES I John Maxwell 9l0 �TY �52240IOWA CITY WASHINGTON ST. IOWA CITY- IOWA (319) �56-5COO CNIC CENTER 410 E. Date 7 18 83 TO: The Honorable Mayor . and the City council nce Examination Program SpecialiLt__�. RE- Civil Service Entra We, the undersigned members of the Civil Service Commission Of Iowa, do hereby certify the following named persons city, le for the.position Iowa standing as eligible in the order of their s of LUWXLS=� - Patrick Ducey Hired-- 7/18/83 ATTEST: C, y Clerk * — .. .. ........ ... MICROFILMED BY --- I J0RM MICR+LAB -CEDAR RAPIDS - DES MOINES f City of Iowa Cit" MEMORANDUM Date: September 22, 1983 To: City Council From: Doug Boothroy, Senior Planner , , Re: 1983 Zoning Ordinance and Map Adoption Process The Council agenda items concerning the 1983 zoning ordinance and map: and a moratorium ordinance suggest two public hearing dates, either the 18th or 25th of October. The public hearing should be held as early as possible to allow sufficient time for the Council to give full consideration to all of the comments received, make any necessary revisions, and vote for passage before the first of the year. The Council may wish to schedule the public hearing at a special meeting (October 18) which could be devoted entirely to the 1983 zoning ordinance and map and possibly to the moratorium ordinance. Undoubtedly, additional meetings will be necessary if the 1983 zoning ordinance and map is to be adopted before the first of the year. Setting the public hearing on the 1983 zoning ordinance and map will automatically initiate a 60 day moratorium on the issuance of permits for buildings and uses not consistent with the existing and proposed 1983 zoning ordinance and map. However, the recent consideration of the airport overlay zone ordinance imposed a 60 day suspension on most of the community excepting only those areas not covered by the overlay zones (see attached map). According to the municipal code, another period of suspension on permits for buildings cannot be imposed on the same .property within twelve months. There can be no suspension of the issuance of a permit for a building in those areas covered by the previous suspension, during the consideration of the 1983 zoning ordinance and map, unless a special moratorium is imposed. If a special moratorium is not imposed only those areas of the community excluded from previous suspensions would be subject to the 60 day suspension of any permit for a building or use inconsistent with the existing and proposed 1983 zoning ordinance and map at the time of the setting of the public hearing. But, all areas of the community would be subject to the suspension of any permit for a use which is inconsistent with the existing and proposed 1983 zoning ordinance and map. The twelve month time period concerning when moratoriums can be reestablished applies only to permits for buildings and not establishment of uses. The decision of whether or not to adopt a moratorium ordinance establishing a special moratorium is dependent upon whether a total moratorium covering both the issuance of permits for buildings and uses should be imposed on the entire community or whether only a partial moratorium be imposed as discussed above. cc: Neal Berlin Bob Jansen Donald Schmeiser Michael Kucharzak bc4/5 ....MICROFILMED BY... JORM MICR¢LA9 i CEDAR RAPIDS • DES MOINES tI 1 AREAS OF IOWA CITY COVERED BY 32 31 SUSPENSION OF ISSUANCE OF BLDG. luj. PERMITS DURING CONSIDERATION OF.., r-. THE AIRPORT OVERLAY ZONE ORD. ON 57 Z�- 0 X'K F5 till, ogp- Af -7 JC)RM MICROLA9 i ((dif `jf t -10 PROPOSED NEW ZONING ORDINANCE .._.LEDA FILMED 8Y_.MICR+LAF3 DS DE; MOINES REVISED DRAFT PRINTED 9-22-83 -y i i i i i I >1 I I j .._.LEDA FILMED 8Y_.MICR+LAF3 DS DE; MOINES REVISED DRAFT PRINTED 9-22-83 -y I9do i i i i i I I9do INDEX ARTICLE 1. GENERAL Purpose--------------------------------------------------- p. Name------------------------------------------------------ p. Definitions----------------------------------------------- p. ARTICLE 2. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES General Agricultural Zane(AG) ----------------------------- p. Rural'Residential Zone(RR-1)----------------------------- p. Low Density Single Family Residential Zone (RS -5) --------- p. Medium Density Single Family Residential Zone (RS -8)- ----- p. Manufactured Housing Residential Zone (RMH)--------------- p. High Density Single Family Residential Zone (RS -12) ------- p. Low Density Multi -Family Residential Zone (RM -12) --------- p. Medium Density Multi -Family Residential Zone (RM -20) ------ p. Neighborhood Conservation Residential Zone (RNC -20) ----- --p. High Density Multi -Family Residential Zone (RM -44) -------- p. High Rise Multi -Family Residential Zone (RM -145) ---------- p. Commercial Office Zone(CO-1)----------------------------- p. Neighborhood.Commercial Zone (CN -1) ----------------------- p. Community Commercial Zone(CC-2)--------------------------- p. Central Business Service Zone (CB -2) ---------------------- p. Central Business Zone(CB-8)------------------------------ p. Highway Commercial Zone(CH-1)------------------- --------- p. Intensive Commercial Zone(CI-1)-------------------------- p. Office and Research Park Zone (ORP) ----------------------- p. General Industrial Zone(I-1) -------- ---------------------p. Heavy Industrial Zone(I-2)------------------------------- p. Public Zone(P)------------------------------------------- p. DIVISION 2. OVERLAY ZONES 'Flood hazard overlay zones --------------------------- c ---- p. Floodplain Overlay Zone(OFP)-- ------------------------ p. Floodway Overlay Zone (OFW)---------------------------- p. Airport overlay zones -------------- -----------------------p. Horizontal Overlay Zone (OH) --------------------------- Conical Overlay Zone (OC) ------------------------------ Approach Overlay Zone (OA)------------------------- Transitional Overlay Zone (OT)--------------------- ---- River Corridor Overlay Zone(ORC)------------------------- p. Planned Development Housing Overlay Zone (OPD -H) ---------- p. Historic Preservation Overlay Zone (OHP) ------------------ p. DIVISION 3. ADDITIONAL REGULATIONS Airports, heliports and helistops------------------------- p. Cemeteriesand mausoleums --------------------------------- p. Child care facilities ------------------------------------p. Clubs----------------------------------------------------- p. Communication towers -------------------------------------- p. Dwellings, zero lot line ---------------------------------- p. Elderly housing ------------------------------------------- p. Family care facilities ------------------------------------ p. iFuneral homes --------------------------------------------- p. _. __.. MCROF.ILHED BY. t JORM MICR+LAB I CEDAR RAPIDS - DES MOINES Z I t Junk yards ----------------------------- -------------------p. Kennels and veterinary establishments ---------------------P. Nursing homes ---------------------------------------------p. 1 Religious institutions----- -------------------------- "'---- ----------------p Stables--------""""'-- --------------- ARTICLE 3. ACCESSORY USES AND REQUIREMENTS 1 Permitted accessory uses and buildings-- "-"------p• Accessory use and building regulations---- :_===:=P. Off-street parking requirements---- "'""-"----_-------p Off-street loading requirements __p " Sign regulations -- "" _ ---------- p. Fence and hedge requirements ----'-"-'" ------ ARTICLE 4. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS _--_----- "__p General yard requirements--------------------------------- ---- _-- p Permitted obstructions in yards--------------------------- Requirements and exceptions for established setbacks______ P. "" Height exceptions------'" ---------------- DIVISION 2. TREE REGULATIONS Trees adjacent to and within street rights-of-way --------- Trees on private property for parking areas- ""-- DIVISION 3. PERFORMANCE STANDARDS--------------- ___--p Smoke ---- ------ P. Particulat'e matter---- ------------- ___p, i Toxic ''matter ----------------------------------------------P• Odor- ------ ------------p. Vibration-------------------------------------- ------- --------------- ------------------- P.. ------------------ Sewage wastes ----------------- ------------------------------p. Storage ------------------i Screening -- ----------- -------------- P. DIVISION 4. NONCONFORMITIES _________ _______p Nonconforming lots of record -- --------------------p. Nonconforming uses- -- ------------p. -Nonconforming buildings-------""-- ---------- DIVISION 5. IMPLEMENTATION -_-- p Enforcement------------------------ ----p. Building and occupancy certificates-- "-"------ Rules of construction for boundaries of zones-- ----P. Amendment of ordinance------------------------ -----------------------------p. Violations-- ------- ----------- --p. - Annexation -r- -------'---- --- ---- DIVISION 6:' APPEALS:, - ----------------P• Board of Adjustment---- "- ------ - I • i i I I Rao .. .MICROFILMED BY.. JORM MICR+LAEI 4 .CEDAR RAPIDS • DES MOINES 1 APPENDIX A ZONING ARTICLE I. GENERAL Sec. 1- . Purpose. The purpose of this Chapter shall be to promote the public health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage disposal, schools, parks, and other public requirements. Sec. 1- . Name. This Chapter shall be known and may be cited and referred to as "The City of Iowa City, Iowa, Zoning Chapter." Sec. 1- . General effect of this chapter. (a) The use of premises and buildings in the City shall be in accordance with the minimum standards hereinafter established. (b)- No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the zone in which the building is located. {c) No building shall be erected, converted, enlarged, reconstructed, or structurally.altered except in conformity with the area regulations for the zone in which the building is located or as otherwise provided in this Chapter. (d) No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the yard regulations for the zone in which the building is located -or as otherwise provided in this Chapter. (e) No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the parking space regulations for the zone in which the building is located. (f) The yards, parking spaces, or lot area required for one main building under this Chapter cannot be used to meet the requirements for another main building, nor can the size of a lot be reduced below the requirements of this Chapter. (g) Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and there shall not be more than one main building on one lot unless otherwise provided in this Chapter. I ........MICROFILMED BY JORM MICR+LAB 1 -CEDAR RAPIDS • DEC M21LI � t 2 Sec. 1- . Definitions. The following definitions shall be applicable to this Chapter unless a contrary meaning is indicated by the text. Words in the present tense include the future tense. The singular number includes the plural and the plural number includes the singular. The word "shall" is always mandatory, the word "may" is permissive. Terms not defined shall have the meanings customarily assigned to them as defined in Webster's New Collegiate Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial Classification (SIC) Manual, Superintendent of Documents, U.S. Government Printing Office. (a) (1) Abut/abutting. Contiguous; having a boundary, wall or property line in common. (2) Access. The place, means or way by which pedestrians or ve- hicles shall have ingress and egress to a property or parking area. (3) Accessory building/use. A building or use which: (1) is subordinate to and serves a principal building or use; (2) is ! subordinate in area, extent, or. purpose to the principal i building or use served; and (3) contributes to the comfort, convenience,, or necessity of occupants of the principal building or use. (4) Addition. An extension or increase in floor area or height of a building or structure. { (5) Aged. Any person who is eligible because of age to receive old. -age insurance. benefits under Section 202A, Title •II of the Social Security Act (see Social Security Act and Related Laws, April 1982 edition). (6) Aisle. An asphalt, concrete or similar permanent dust -free surface which is connected directly to a parking or loading space and designed to permit ingress or egress of a vehicle to or from the parking or loading space. (In no case can an aisle be a drive - see definition for "drive.") i (7) Alley. A public way which is intended only for use as a secondary means of vehicular access to abutting property. (8) Alter/alteration. A structural alteration, enlargement or remodeling of a building, or the moving of a building from one location to another. (9) Apartment house. See "Dwelling, multi -family." (10) Auto oriented use. Any use intended or designed to provide a service to occupants while they are within a motor vehicle, such as drive-in financial institutions, or any use related to the sale, servicing or repair of vehicles, such as but not limited I9a0 4 �... r.. '. .. ... .-MICROFILMED. BY. -..� JORM MICR+LAB CEDAR RAPIDS • DE: MOINES I tEl to car washes, automobile service stations and garages, automobile accessory sales, drive-in restaurants, service shops, dry cleaning centers and photodeveloping drop centers. (b) (1) Balcony. A covered or uncovered platform area projecting from the wall of a building, enclosed by a railing, accessible from above grade, and not attached to the ground. (2) Basement. A portion of a building located partially under- ground, but having three -and -one-half (A) feet or more of its floor -to -ceiling height above grade. A basement is counted as a story for the purpose of height and yard regulations. (3) Board of Adjustment. An administrative hearing board created by Chapter 414 of the Code of Iowa which is authorized to hear appeals from decisions of the City Manager or his/her designee, or by decisions of the Zoning Code Interpretation Panel or of the City Manager when the Panel cannot reach a decision and to grant variances and special exceptions. (4) Boarding house. A residential building where, in addition to lodging; meals are provided for tenants but not for the public. (5) Build. To construct, assemble, erect; convert, enlarge, reconstruct, or structurally alter a building or structure. (6) Buildable area. The area remaining on a'lot after the minimum open -space requirement for yards has been met. (7) Building. Any structure having a roof and designed or intended for -the support, enclosure; shelter or protection of persons, animals, or property.• (8) 'Building, detached. A building which is not connected to another building. (9) Building area. See "ground area." (10) Building coverage. The amount of land covered or permitted to be covered by a building or buildings, usually measured in terms of percentage of a lot. (11) Building height. The vertical distance from the grade to the roof.line. (12) Building line. The front yard line. (13) Building Official. The City employee designated to enforce this Chapter. (14) Building permit. Official certification that a proposed improvement complies with the provisions of this chapter and such other ordinances as may be applicable. Such a permit is required for new construction and for alteration or additions to existing structures prior to commencement of construction. h _. .... 141CR0 Ef LIiED.DY.. . _.._.I. _ JORM MICR¢LAB CEDAR RA RAPIDS • OEC MDI NES 4 (15) Business service establishments. An establishment primarily engaged in rendering services to business establishments on a fee or contract basis. Such establishments include but are not limited to the following: advertising agencies; consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies; mailing reproduction, commercial art and photography, and stenographic services; services to dwellings and other buildings; news syndicates; personnel supply services; computer and data processing services; research and development laboratories; management, consulting and public relations services; detective agencies and protective services; equipment rental and leasing services; photofinishing laboratories; and other establishments primarily engaged in furnishing business services such as bondsmen, bottle exchanges, drafting service, interior designing, notary publics, packaging and labeling service, telephone message service, water softening service, and auctioneering service on a commission or fee basis (see major group 73 of the Standard Industrial Classification Manual). (c) (1) Cellar. A portion of a building located partially or wholly underground and having less than three -and -one-half (3'h) feet of its floor -to -ceiling height above grade. A cellar is not counted as a story for the purpose of height and yard regulations. (2) Certificate of occupancy. Official certification that a premises conforms to provisions of this Chapter and such other ordinances as may be applicable and may be used or occupied. Such a certificate is granted upon completion of new construc- tion or for alteration .or additions to existing structures. (3) Child care facility. State licensed or registered facility where children are temporarily left with attendants. (4) City. The City of Iowa City, Iowa. (5) Clinic. An office occupied by one or more members of a healing profession. (6) Club. A meeting place of an association with restricted access to the general public controlled by its members, and in which property is actually owned, leased or held in common for the benefit of its members. For purposes of this Chapter this definition does not include a fraternity or sorority house. (7) Commercial recreational uses. Facilities which are used primarily for physical exercise or culture and which include but are not limited to courts, gyms, swimming pools, locker and training rooms, target or shooting ranges, amusement arcades, and billiard halls. Such facilities do not include massage parlors and establishments which features nude dancing. 4 ,. - ....... MICROS I LMEO. BY__._.___i. JORM MICR+LAB l i CEDAR RAPIDS • DES Id01NES I j ITX) Z 9 (8) Commission. The Planning and Zoning Commission of Iowa City, Iowa as created by Chapter 414 of the Code of Iowa and the City Code of Ordinances. (9) Confinement feeding operations. One or more roofed or partially roofed animal enclosures, designed to contain liquid or semi-liquid animal wastes, and in which the maximum number of animals confined at one time exceeds 50 beef cattle, 40 dairy cattle, 250 swine over 40 pounds, 1800 swine less than 40 pounds, 600 sheep, 3,000 turkeys, 15,000 broiler chickens or 9,000 layer chickens. (10) Conversion. Any change of one principal use to another prin- cipal use. (11) Council. The City Council of Iowa City, Iowa. (12) Court. A space, open and unobstructed to the sky, located at grade on a lot and bounded on three or more sides by walls. (d) (1) Deck. A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground. (2) Density, gross. The number of dwelling units per unit area of land (usually expressed as dwelling units per acre). (3) Development. Any man-made change ,to improved or unimproved property including but not limited to buildings, mining, dredging, filling, .grading, paving, excavation or drilling operations. (4), Developmentally disabled. Any Person who has a disability attributable to but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; diplexia resulting from an above disability; or a mental or nervous disorder which, disability originates before such individual attains age 18, andwhich constitutes a substantial impairment expected to be long -continued and of indefinite duration. -(5) Discontinuance. Whenever a non -conforming use is abandoned, ceased, or, terminated. (6) Downzoning. A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial or industrial to residential. (7) Drive/driveway. An asphalt, concrete or similar permanent dust -free surface designed to provide vehicular access to a parking area. .141CROfILMED BY JORM MICR+LAB 1 CEDAR RAPIDS • DEF MpINCS r �. 1 (8) Dwelling. A building which is wholly or partially used or intended to be used for residential occupancy. (9) Dwelling, duplex. A dwelling containing two (2) dwelling units. (10) Dwelling, farm. A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located. (11) Dwelling, four-plex. A multi -family dwelling containing four (4) dwelling units. (12) Dwelling, high-rise multi -family. A multifamily dwelling exceeding three (3) stories in height. (13) Dwelling, multi -family. A dwelling containing three (3) or more dwelling units. (14) Dwelling, single-family. A building containing one dwelling unit. This definition does not include the term "mobile home." (15) Dwelling, tri-plex. A multi -family dwelling containing three (3) dwelling units. (16) Dwelling, zero lot line. A single family dwelling with one or more walls located on a side lot line(s) which is not a street or alley right-of-way line.. (17) Dwelling unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be -used for living, sleeping, cooking, and eating of meals. (18) Dwelling unit, efficiency. Adwelling unit consisting of one principal room, in addition to a bathroom, hallway, and closets, which serves as the occupant's living room, bedroom,. and in some instances, the kitchen. (e) (1) Easement. A right given by the owner of land to another person for specific, limited use of that land, e.g., to allow access to another property or for utilities. (2) Elderly 'housing. A dwelling especially designed for use and occupancy of persons who are, aged or who,are handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act. (3) Enlargement. An increase in the volume of a building. (4) Extraction. The extraction of sand, gravel, or top soil as an industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building. IUO 4 1 i_. .._._...MICROFILMED..BY. JORM MICR(fILAB f -CEDAR RPPI DS •DES MOINES ( 1 1 -0! 7 (f) (1) Family. One (1) person or two (2) or more persons related by blood, marriage, adoption or placement by ugta governmental single, or service agency, occupying a dwelling unit housekeeping organization. (2) persons otoly may related byso be bl od,two marriage or ut not more than two (2) p adoption. (2) Family care facility/family home. A community-based residential home, which is licensed as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of this Code of Iowa, 1983, that provides room are and board, personal c, habilitation services, and supemorerthanon in a eight (8)mily environment ba resident family developmentally difor not sabled persons. (3) Farm. An area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits, and grain and their storage on the land. The term "farm" includes the necessary accessory uses and buildings for treating and storing the food produce. (4) Feedlot. A lot,yard,. corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term does not include areas which are used for the raising of crops or other vegetation and upon which livestock are allowed to graze or feed. (5) Filling station. Any building or premises used for the dispensing or retail sale of motor vehicle fuel or oil. When the dispensing or sale is incidental to the operation of a commercial garage," the premises shall be' classified as a commercial garage. (6) Financial institution. An establishment for the receiving, keeping, lending of money, and the exchange of funds by checks or notes, including banks, savings and loans, credit unions, and similar establishments. (7) Floor area. The total area of all floors of a building or portion thereof measured to the outside surface of exterior to attached buildigs or uses. walls or the centerline of walls orches, balconies, and other It does not include garages, p appurtenances. Space in the,basement or cellar and all other space shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located.' (8)Floor area ratio (FAR). The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. (9) Fraternity/sorority house. A building used as a residence by a chapter of a fraternal or sororal nonprofit esnizatiin recognized by the University of Iowa. For puros pof Chapter this definition does not include a rooming house. �...�.. .......111CROF.ILRED BY _.__...� l JORM MICR+LAB I 2 -CEDAR RAPIDS - M 1101 i 0 (10) Frontage. The distance along a street line (right of way line) from one intersecting street to another, or from one intersecting street to the end of a dead end street or the end of a cul-de-sac. (g) (1) Garage, commercial. Any building or premises used for equip- ping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels, and supplies may be sold. (2) Garage, private. An accessory building which is under the control and use of the occupants of the main building. (3) Grade. The top surface elevation of lawns, walks, drives, or other improved surfaces after completion of construction or grading and landscaping. For the purposes of determining height of a building, the grade is the average level at the corners of the exterior walls of a building. (4) Ground area. The area of a building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces, and exterior stairways. (5) Ground floor/first floor. The lower-most floor of a building having its floor -to -ceiling height at or above the grade. (6) Group care -facility. A government licensed or approved facility which provides resident services in a dwelling to more than eight (8) individuals not including resident staff, but not exceeding 30 individuals. These individuals are developmentally disabled, ,aged or undergoing rehabilitation; are in need of adult supervision; and are provided services in accordance 'with their individual needs. Group care facilities shall not include nursing homes. (7) Guest. An individual who shares a dwelling in a non -permanent status for not more than 30 days. (h) (1) Hedge. A boundary formed of a row of closely planted shrubs or bushes. (2) Home occupation. An accessory use consisting of an occupation or profession carried on by a person residing on the premises. (3) Hospital. 'An institution providing health services for human in-patient medical care for the sick or injured and including related facilities such as laboratories, out-patient facilities, emergency medical services, and staff offices which are an integral part of the facility. (4) Hotel. A residential building licensed by the State and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms (see "hotel, apartment"). I UO r} _MICRor ILMED BY. .�. 1 JORM MIO R+LAB � CEDAR Rh RIDS • DEC IdoINEs - 1 1 MJ (5) Hotel, apartment. A multi -family dwelling under resident supervision which maintains an interlobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as a drug store, barber shop, cosmetologist, cigar stand or newsstand, when such uses are located entirely within the building with no separate entrance from the street or visible from any sidewalk, and having no sign or display visible from outside of the buildildg indicating the existence of such services. (i) Reserved. (j) (1) Junk yard. An area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disas- sembled or assembled, stored or handled, including the disman- tling or "wrecking" of automobiles or other vehicles or machin- ery. A junk yard is also a housewrecking yard, used lumber yard, and place for storage of salvaged building materials and structural steel materials and equipment. (k) (1) Kennel. An establishment where small animals are bred, raised, trained, groomed, and boarded for compensation, sale or other commercial purposes. (1) (1) Livestock. Cattle,sheep, swine, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. (2) Living unit. See "dwelling' unit." (3)' Loading space, off-street. Space logically and conveniently' located and designed for bulk pickups •and deliveries and accessible to delivery vehicles from aisles. .(4) Lodging house. See "rooming house." (5) Long term care facility. See "nursing home." (6) Lot. A plot, tract or parcel of land with fixed boundaries suitable for occupancy by a use. (7) Lot, corner. A lot located at the intersection of two (2) or more streets. (8) Lot, double frontage. A lot having frontage on two parallel or approximately parallel streets. (9) Lot, interior. A lot other than a corner lot or double frontage lot and bounded by a street on only one side. (10) Lot, reversed corner. A corner lot, the rear of which abuts the side of another lot. r ... MICROFILMED. BY. _..� DORM MICR+LAB -CEDAR RPRIOS • DES MOINES 1 I i 10 (11) Lot area. The total area within the lot lines of a lot ex- cluding any area located within a public or private street. (12) Lot coverage. .The percentage of the lot area covered by the building area. (73) Lot depth. The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line. (14) Lot frontage. The continuous width of a lot measured along the street (right of way line). (15) Lot line. A line oriented in terms of stable points of reference which establishes one boundary of a lot. (16) Lot line, front. A lot line separating the lot from the street. On corner lots, the front lot line is the shortest street dimension except that if the lot is square or almost square, i.e., has dimensions at the ratio of from 3:2 to 3:3, then the front lot line may be along either street. (17) Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet in length, and parallel to and farthest from the front lot line. (18) Lot line, side. Any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot linea. (19) Lot width. The length'of the front yard line. (m) (1) Manufactured housing. Includes mobile and modular homes as herein defined. (2) Manufactured housing park. A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. (3) Meeting hall. A facility providing space for lectures, social functions, exhibitions, entertainment, instructions and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas. (4) Mobile home. A single-family dwelling unit, built on a chassis, suitable for year-round occupancy and containing water supply, waste disposal,heating and electrical conveniences excluding recreational vehicles. (5) Modular home. Any single-family dwelling unit which is manufactured in whole or in components at a place other than the location.where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently �_..,., _....-MICROFILMED BY.. _....._...� .. t JORM MICR+LAE3 { -CEDAR RAPIDS • DES MOINES , t j H 11 located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of 'its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home. (6) Motel. A residential building licensed by the state, usually locatd iand used as a placeeof al dginglong lforaguests.cuThe term "motel'" includes principally des"motor hotel." (n) (1) Non -conforming building. A building or portion thereof which does not conform to the provisions of this Chapter relative to heilocated gadoption of his Chapter or subsequent amendment yreason of thereto the (2) Non -conforming lot. A lot which does not conform to the provisions of this Chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. (3) Non -conforming use. Any use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this Chapter by reason of the adoption of this Chapter or subsequent amendments thereto. (4) Nursing home. A facility operated by a proprietary or nonprofit corporation or association and licensed or regulated by a governmental entity for the accommodation of convalescents or other persons who are not in need of hospital care but who require skilled care and/or related services. (o) (1) Open space. That portion of the lot that is not covered by buildings, drives, parking spaces and aisles. (2) Open space, common. Open space the use of which is shared by all occupants of more than one dwelling unit, as distinguished from private open space. (3) Open space, private. Open space used by occupants of a dwelling unit.. (4) Overlay zone. A set of zoning requirements that is. imposed in addition to those of the underlying zone. Developments within the .overlay .zone, except in the .case of an OPD -H zone, must conform to the requirements of both zones or, in the case of a disparity, the more restrictive requirements of the two. (5) owner. The person who holds the fee simple or equitable title to the property. (p) (1) Parking area. An,off-street facility intended or designed for the parking of more than four (4) motor vehicles, including parking spaces: aisles and tree islands. ..I4ICROFILMED BY ._.. t JORM M4CR+LAB CEDAR RA RI DS • OH MOINES I 12 (2) Parking space. An asphalt, concrete or similar permanent dust free surface which is intended for off-street vehicular parking and is at least eight (8) feet wide and 15 feet in length for compact cards and at least nine (9) feet wide and 19 feet in length for other cars. (3) Patio. A covered or uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling. (4) Performance standard.- A minimum requirement or maximum allowable limit on the effects or characteristics of a use, written in the form of regulatory language. (5) Person. Any individual or group of individuals, corporation, partnership, association, or any entity, including state and local governments and agencies. (6) Personal service establishment. An establishment primarily engaged in providing services generally involving the care of the person or his/her apparel. Such establishments include but are not limited to the following: laundry, cleaning and garment services; photographic studios; beauty shops; barber shops; shoe repair shops, shoe shine parlors, and hat cleaning shops; funeral homes; and 'other establishments engaged in providing personal services such as steam baths, reducing salons and health clubs, clothing rental, locker rental, and porter services (see major group 72 of the Standard Industrial Classifications Manual). (7) Porch. A covered entrance to a building consisting of a platform area, with 'open or enclosed sides, projecting from the wall of a building. (8)Premises. See "lot." (9) Principal building. A building which contains the principal use. (10) Principal use. The primary use(s) of land or a structure as distinguished from an accessory use, e.g., a house is a principal use in a residential area; a garage or pool is an accessory use. (11) Projections (into yards). Parts of buildings such as archi- tectural features which protrude into the required yard or yards. (12) Provisional use. A use which is permitted in the zone in which it is listed subject to compliance with. the specific requirements mentioned. (13) Public utility. A system which is owned and operated by a licensed public utility company or by a railroad company. Such systems do not include those owned and operated by the City of Iowa City or other governmental agency. I qao r .. ..N ._....._.MICROFILMED BY. ..._...i JORM MICR+LAB CEDAR RAPIDS • DES MOIIIES I t 1 13 (q) (1) Quarry. Land used for the purpose of excavating stone or slate as an industrial operation. (r) (1) Remodel/repair. Any improvement in a building which is not a structural alteration. (2) Religious institution. An organization having a religious purpose, which has been granted an exemption from federal tax as a Sec. 501(c)(3) organization under the Internal Revenue Code, including churches, rectories, meeting halls, schools and the facilities that are related to their use. (3) Restaurant. A business where the dispensing and the consump- tion at indoor tables of edible foodstuff and/or beverage is the principal business, including a cafe, cafeteria, coffee shop, delicatessen, lunch room, tearoom, dining room, bar, cocktail lounge or tavern. The total seating area located within the enclosed portion of the premises is more than fifty (50) percent of the total floor area. (4), Restaurant, drive-in/carry-out. An auto oriented use whose principal operation is the dispensing of edible foodstuff and/or beverage ,for consumption in automobiles, at indoor or - outdoor tables, at stand-up counters or to be carried off the premises. The total seating area, if provided, is less than fifty (50) percent of the floor area. (5) Retail establishment. An establishment engaged in selling merchandise for personal or household. consumption, and rendering services incidental to the sale of the goods. Such establishments will have the followingcharacteristics: the establishment is usually a place of business.and is engaged in activities to attract .the general public to buy; the establishment buys or receives merchandise as well as sells; the establishment may process its products, but•such'processing is incidental or subordinate to selling;. the establishment is considered as retail in the trade; and the 'establishment sells to customers for personal or household use. (6) Rezoning. A change in land use regulations. Rezonings can take three forms: (1) a comprehensive revision or modification of the zoning text and map; (2) a text change in zone requirements; ,or (3) a change in the map, i.e., the zoning designation of a particular parcel or parcels. (7) Roof. The top covering of a building constructed to shield the area beneath from the weather. ,The term "roof" includes the term "canopy." (8) Roof line. The highest point of the coping of a flat roof; the deck line of a mansard roof; and the mid -point between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof. �. _.. MICROFILMED BY I JORM MICRLA9 Vi CEDAR RA'R!DS • DES M0114E5 1 j 1 14 (9) Roomer. An occupant of a rooming house or rooming unit who is not a member of the family of the rooming house operator. A roomer shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. (10) Rooming house. Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. For purposes of this Chapter, a dwelling unit with three (3) roomers shall not be considered a rooming house. (11) Rooming unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping. A rooming unit shall have bath and toilet facilities available for exclusive use by the occupant(s) or. for communal use and, in addition, may have kitchen and dining facilities available for use by the occupant(s) therein. (s) (1) School - generalized private instruction. A private school j which includes any of the following: Elementary and secondary i schools below .university grade (ordinarily grades 1 through 12),including denominational and sectarian; kindergartens and military academies are also included. Colleges, universities, and professional schools granting academic degrees and requiring for admission at least a high -school diploma or j equivalent general academic training. Junior colleges and technical institutes requiring for admission at least a high school diploma or equivalent general academic training and granting associate academic degrees, certificates or diplomas. (2) School - specialized private instruction. A private school which includes any of the following: Establishments primarily engaged in offering data processing courses in programming, and - in -computer and peripheral equipment operation, including keypunch operation. Establishments primarily engaged in offering courses in business machines operation (except data processing), office procedures, and secretarial and stenographic skills. Establishments primarily engaged in offering specialized trade or commercial courses, not elsewhere classified, but not academic training. Specialized nondegree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schools, and Civil Service and other short term examination preparatory schools. Establishments primarily engaged in operating dance studios and schools. Specialized nondegree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schools, and Civil Service and other short term examination preparatory schools. (3) Separate tract. An abutting group of lots which are developed for a use or uses which share common facilities, e.g., off- street parking, loading and driveways. A separate tract shall I . MICROFILMED. BY _.. JORM MIC R+LAB j CEDAR RAPIDS • DES 1401NES � 1 1. 1 In 1 16 (16) Sub -standard lot. See "non -conforming lot." (17) Substantial improvement. Any repair, reconstruction, or j improvement of a building the cost of which equals or exceeds 50 percent of the market value of the building either, (a) before the improvement or repair is started, or (b) if the building has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural' part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either (1) any project for improvement of a building to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a building listed on the National Register of Historical Places or a State Inventory of Historic Places. ti (t) (1) Townhouse. A complex containing not less than three (3) nor more than six (6) abutting single family dwellings (townhouse units) and each single family dwelling being located on a i separate lot. ! (2) Tree. A live self-supporting woody plant with a single or i multiple self-supporting trunk(s) (the size of a tree to be planted at initial installation is indicated in "The List of Trees for Iowa City"). (3) Tree _ island. An unpaved pervious area intended for the placement of a tree. (u) (1) Upzoning. The converse of downzoning (see "downzoning"). (2) Use. The purpose or activity for which land, its buildings, or a portion thereof is designed, occupied, and maintained. (3) Use, principal. The primary use of land or buildings. (4) Use, provisional. A principal use of land or buildings for which additional standards or criteria established in this Chapter must be met. (v) •(1) Vacation. The process by which the City discontinues the use of a street or alley as a public way. I (2) Variance. A means of granting,a property owner relief from certain provisions of this Chapter where owing to special conditions a literal enforcement of the provisions of the Chapter will result in unnecessary hardship, and so that the spirit of the Chapter shall be observed and substantial justice done. The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa. t...........MICRDEILMED.aY.._.__._,. t JORM MICR+LAB I { -CEDAR RXPIDS DES MOINES l 1 I J 17 (3) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway: (4) Vehicle, storage of. A vehicle or portion thereof which is parked in the same position for a period of 48 hours or more. (w) Reserved. (x) Reserved. (y) (1) Yard. •A required area on a lot unoccupied by structures above grade except for projections and the specific minor uses or structures allowed in such area under the provisions of this Chapter. A yard extends from the grade upward. (2) Yard, front. The required area across a lot between the front yard line and the street (right of way line). (3) Yard, rear. The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line. (4) Yard, side. The required area from the front yard line to the rear yard line and from the side yard line to the side lot line. (5) Yard line, front. A line from one side lot line to another side lot line, parallel to the+ street, and as''far back from the street as required in this Chapter for the front yard. (6) Yard line, rear. A line parallel to the rear lot line and as far forward from the rear lot line as required by this Chapter (see "'lot line, rear"). (7) Yard line, side. A line parallel to the side lot,line and as far from the side lot line as required by this Chapter. (z) (1) Zone. A portion of the City delineated on the zoning map in which requirements for the use of land and buildings and development standards for within, above or below the zone are prescribed in this Chapter. (2) Zoning Code Interpretation Panel. A staff panel designated by the City Manager to interpret the provisions of the Zoning Ordinance in such a way as to.carry out its intent and purpose. (3) Zoning map. The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning'ordinance. ..MICROFILMED-BY........_...I t JORM MICR+LAB f CEDAR R6!DS • DES MOINES i 1 1 I L. t ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION . ZONES Sec. 1-_. General Agricultural Zone (AG). (a) Intent. It is the intent that this zone provide for the agricultural use of land within the City, which is most appropriately used for crops, orchards, and the keeping of farm animals until -such time as the City is able to provide municipal services and urban development can proceed according to the 1983 Comprehensive.Plan Update (which includes the long range plan). (b) Permitted uses. (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations. (c) Provisional uses. (1) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (2) Livestockfeed lots, except confinement feeding operations provided they are located not closer than one-fourth (4) mile to any,R zone. boundary. (3) Stables and kennels subject to the requirements of Sec. 1-_, Page (d) Special exceptions. (1) Communication towers and satellite receiving devices, provided they shall be located at least as far away from property lines as their height is above grade. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: 10 acres (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. (4) Minimum yards: Front - According to the following table: Comprehensive Plan ... .__.._...�....MILkOFILME4..BV..,._._.._.�.. .. . JORM MIOR+LA9 -CEDAR RA P1D5 • DES MOINES 1 I (%ao i Side - Rear - 19 Setback Street width street classification 40 27 ft. ft. 40 66 ft. ft. secondary arterial 25 ft. 40 ft, secondary arterial 20 ft. 80 ft. collector or local 20 ft. 50 ft. or more secondary arterial or more collector or local 5 ft. for the first 2 stories plus 2 ft. 20 ft. for each additional story (5) Maximum building bulk: None (f) General provisions. All principal and accessory uses permitted within -this zone are subject to the requirements. of Articles divisions and sections Of which are indicated as follows: the (1) Accessory uses. See Article _,page a. Permitted accessory uses and buildings. See Sec. l-_, page, _. b. Accessory use and building regulations. See Sec. 1 page C. Off-street parking requirements. Not'applicable. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec..1-'page f. Fence regulations. See Sec. 1 - page _ (2) Dimensional requirements. See Division page (3) Nonconformities. See Division page _ (4) Tree regulations. Not applicable. (5) Performance standards. See Division page (g) 5 ecial rovisions. None. ..__...MICRDFILMED.BY....._ �..� . JORM. MICR+LAB CEDAR RAPIDS • DES M!f fff I 20 Sec. 1- . Rural Residential Zone (RR -1). (a) Intent. It is intended that this zone provide for areas of a rural residential character within the City which are not projected to have the utilities necessary for urban development within the foreseeable future, according to the 1983 Comprehensive Plan Update (which includes the long range and short range plans). (b) Permitted uses. (1) Detached single-family dwellings. (2) Farms. (c) Provisional uses. (1) Family care facilities provided they shall not be located within one -quarter -('1) mile of each other. (2) Detached single family dwellings with a maximum of two (2) roomers provided that one (1) additional off-street parking space shall be furnished. (d) Special exceptions. (1) Clubs subject to the requirements of Sec. 1-_, page _. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: •40,000 sq. ft. (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. (4) Minimum yards: Front - according to the table established in the AG Zone. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within -this zone are subject to the accessory uses and requirements of Articles III and IV, the divisions and sections of which are indicated as follows: _..__.J11CROFILMED.BY_._._:.___l. ..- JORM MIC R�LAB - CEDAR RAPIDS DES MO1NE5 1 I i -I E E s 1. I i_ j I 20 Sec. 1- . Rural Residential Zone (RR -1). (a) Intent. It is intended that this zone provide for areas of a rural residential character within the City which are not projected to have the utilities necessary for urban development within the foreseeable future, according to the 1983 Comprehensive Plan Update (which includes the long range and short range plans). (b) Permitted uses. (1) Detached single-family dwellings. (2) Farms. (c) Provisional uses. (1) Family care facilities provided they shall not be located within one -quarter -('1) mile of each other. (2) Detached single family dwellings with a maximum of two (2) roomers provided that one (1) additional off-street parking space shall be furnished. (d) Special exceptions. (1) Clubs subject to the requirements of Sec. 1-_, page _. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: •40,000 sq. ft. (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. (4) Minimum yards: Front - according to the table established in the AG Zone. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within -this zone are subject to the accessory uses and requirements of Articles III and IV, the divisions and sections of which are indicated as follows: _..__.J11CROFILMED.BY_._._:.___l. ..- JORM MIC R�LAB - CEDAR RAPIDS DES MO1NE5 1 I 21 (1) Accessory uses. See Article III, page_. a. Permitted accessory uses and buildings.' See Sec. page b. Accessory use and building regulations. See Sec. page C. Off-street parking requirements. See Sec. 1- page i d. Sign regulations. See Sec. 1-_, page _ e. Fence regulations. See Sec. 1-_, page (2) Dimensional requirements. See Division page _. (3) Nonconformi ties. See Division page _ (4) Tree regulations. See Division page'_ _(5) Performance standards. See Division page (9) Special provisions. None. .. ..._. MICROFILMED BY_ JORM MICR+LAE - CEDAR R6105 • DES MOINES I { { J� tl k i i r 22 l Sec. 1-_. Low Density Single -Family Residential Zone (RS -5). (a) Intent. It is the primary purpose of this zone to provide for single-family residential development consistent with the predominate single-family residential character of Iowa City. Development within this zone is expected to have a neighborhood orientation; therefore, parks, schools, religious institutions and neighborhood commercial facilities are expected to be located within or in close proximity to developments in this zone. Compatibility of development within this zone shall be encouraged and related non-residential uses and structures should be planned and designed to be in character with the scale and pattern of the residential development. (b) Permitted uses. (1) Detached single-family dwellings. (c) Provisional uses. (1) Detached single family dwellings with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. (2) Family care facilities provided they shall not be located within one-quarter (4) mile of each other. (d) Special exceptions. (1) Religious institutions subject to the requirements of Sec. 1 - page (2) Public utilities. (3) Child care facilities subject to the requirements of Sec. 1 - page , and provided that they shall be, located in a private residence in which fewer than 12 children are cared for, or in.a,reiigious institution. (e). Dimensional requirements. (1) Minimum lot area: 8,000 sq. ft. (2) Minimum lot width: 60 ft. (3) Minimum lot frontage: 35 ft. (4) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories, plus Rear - 2 ft. for each additional story. 20 ft. 4 !_......_.......MICROFILMED_DY__.__..--.�..-.� 1 JORM MICR+LAB C; CEDAR RAPIDS • DEF MOINES I 23 (5) Maximum building bulk: Height - 35 ft. Building Coverage - 45% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the accessory uses and requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page _ a. Permitted accessory uses and buildings. See Sec. 1 - page b. Accessory use and building regulations. See Sec. 1- page —. —' C. Off-street parking requirements. See Sec. 1 - page d. Sign regulations. See Sec. 1--, page e. Fence regulations. See Sec. 1-_, page (2) Dimensional requirements. See Division _;`page — (3) Nonconformities::,See Division _, page. (4) Tree regulations. See Division —, page _ (5) Performance standards. See Division_, page —, (9) Special 'Lrovis ions. (1) If a tract of land one acre or greater in area is being . subdivided or resubdivided into.lots, it may be developed at a maximum gross density'of five, (5)''dwelling 'units per acre with minimum lot areas of 7,200 square feet and maximum lot areas of 15,000 square feet. -----------------... -- _ T ' ED BY, t JORM MICR+LAB -CEDAR RfP]DS • DES MDINCS I e f 24 Sec. 1-_. Medium Density Single -Family Residential Zone (RS-8). (a) Intent. It• is primarily intended that this zone provide for the development of small lot single -family dwellings. This zone represents a relatively high density for single -family development, thus dwellings in this zone should be in close proximity to all city services and facilities, especially parks, schools and recreational facilities. Special-attention should be given to landscaping and site development in this zone. Special provisions of this zone are designed to permit dwellings with no side yard to accommodate attached single family dwellings and to permit conversions of existing structures to duplexes. (b) Permitted uses. i (1) Detached single -family dwellings. (c) Provisional uses. I (1) Zero lot line dwellings subject to the requirements of g J Sec. 1- page _. (2) Duplexesprovided they shall be developed in accordance with the, dimensional requirements of the RM-12 Zone and that the minimum lot area is 8700 square feet and the minimum lot area per unit is 4350 square feet. (3) Dwellings allowed in this zone with a maximum of one (1) roomer I� i in each dwelling unit provided that for single family dwellings and duplexes one (1) additional off-street parking space per unit shall be furnished. I (4) Family care facilities -provided they shall not- be located within one-quarter (4) mile of each other. (d) Special exceations.; i (1) Religious institutions subject to the requirements of Section 1-_, page (2) Child care facilities subject to the requirements of Sec. 1- ffij page (3) Public utilities. (4) Schools - generalized private instruction. i (e) Dimensional requirements { (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot width: 45 ft. l 9;0 l .� ...._..�MILkOFILMEO_BY. ._JI - JORM MICR+LAB CEDAR RAPIDS • DE° MOINES 1 25 (3) Minimum lot frontage: 25 ft. (4) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story; or for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft. Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of. Articles III and IV, the divisions and sections of which are indicated as follows: (1)_ Accessory,uses. See Article III, page_ a. Permitted accessory uses and, buildings. See Sec. 1-_, page b. Accessory, use and building ,regulations. See Sec. 1-_, page _ C. Off-street parking requirements. See Sec. 1-_, page d. Sign regulations. See Sec. 1-_, page_. e. Fence regulations. See Sec. 1-_, page _. (2),. Dimensional requirements. See Division _, page _. (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division _, page _. (5) Performance standards. See Division _, page _ (g) Special provisions. (1) If a tract of land one -acre or, greater -An areais being subdivided or resubdivided into lots, it maybe`developed at a maximum gross.density of eight (8) dwelling units per acre with minimum lot areas of 4,000 square feet and maximum lot areas of 7,500 square feet.,Lots less than, 5,000, square feet in area shall be developed ith one wall of the dwelling unit having a zero side yard. d ti 1 t 1 :_..MILROFILMED..DY._. ..�. ! 1.. I JORM MICR..�LAS_ -CEDAR RAPIDS • DES MOINES i Sf n 26 Sec. 1-_. Manufactured Housing Residential (RMH) Zone. (a) Intent. The Manufactured Housing Residential (RMH) Zone is designed to permit the location and development of mobile homes and modular homes, which may not normally comply with the building, electrical, plumbing or housing codes, within designated areas of the community. Provision is made in the RMH Zone to allow such residences to be placed within mobile home parks or upon individual subdivided lots. (b) Permitted uses. (1) Manufactured housing. (c) Provisional uses. (1) Manufactured housing with a maximum of two (2) roomers provided that one (1) additional off-street parking space shall be furnished. (2) Family care facilities provided they shall not be located within one-quarter R) mile of each other. (d) Special exceptions. (1) Religious institutions subject to the requirements of Sec. l - page _• (2) Child care facilities subject to the requirements of Sec. 1 - page _•. (3) Publicutilities. (4) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 4,000 sq. ft. .(2) Minimum lot width: 35 ft. (3) Minimum lot frontage: 20 ft. (4) Minimum yards: Front - 20 ft. Side - 5 ft. Rear - 20 ft. or 30 ft. at RMH Zone boundary (5) Maximum building bulk: Height - 25 ft. Building coverage - 40% Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the- requirements of Articles III and IV, the divisions and sections of which are indicated as follows: _-MICROF.ILME!d-BY..__.._...I t JORM MIC:R+LAEi CEDAR RAPIDS • DE" MOINES 1 19ao J ._...__..._M1CR0F.IL11E0.ar.._._..___f. DORM MICR+LAB • CEDAR R6M' S • DE: MOINES S i 27 1 (1) Accessory uses. See Article III, page a. Permitted accessory uses and buildings. See Sec. 1-_, page ._. b. Accessory uses and building regulations. See Sec. 1- page C. Off-street parking requirements. See Sec. 1 - page d. Sign regulations. See Sec. 1-_, page e. Fence regulations. See Sec. 1-_, page _. (2) Dimensional requirements. See Division page _. (3) Nonconformities. See Division page _. (4) Tree regulations. See Division'_, page _. (5) Performance standards. See Division _ page (g) Sec 'provisions. ,'. (1) ,In no instance shall an area zoned RMH be less than 10 acres. (2) Manufactured housing parks shall comply with the.provisions of Chapter 22 of the Code of Ordinances. and the provisions of the Code of Iowa. i I i ._...__..._M1CR0F.IL11E0.ar.._._..___f. DORM MICR+LAB • CEDAR R6M' S • DE: MOINES 28 Sec. 1- _. High Density Single -Family Residential Zone (RS -12). (a) Intent. It is intended that this zone provide for the development of single family dwellings and duplexes at a high density of development in older portions of the community. Dwellings in this zone should have good access to all city services and facilities. . (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (c) Provisional uses. (1) Zero lot line dwellings subject to the requirements of Sec. 1- _, page (2) Family care facilities provided they shall not be located within one-quarter (4) mile of each other. (3) Dwellings allowed in this zone with,a maximum of two (2) roomers in each dwelling unit provided that for single family dwellings and duplexes, one (1) additional off-street parking space per unit shall be furnished. (d)5 ep tial exceptions. (1) child care facilities subject to the requirements of Sec. 1 - page (2) Re ligious-institutions subject. to the requirements of Sec. 1-.. page —' (3) Public utilities. (4) 'Schools -generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot area per Unit: 3,000 sq, ft. (3) Minimum lot width: 45 ft. (4) Minimum lot frontage: 25 ft. (5) Minimum yards: 20 ft. Front - Side - 5 ft. for the first 2 stories plus 2 ft. 7_....,• ,. _. MICROFILMED. B(..'. -. JORM MICR+LAB CEDAR. RAPIDS • DES MOINES , I j fgao. i j I 'I i I j i 28 Sec. 1- _. High Density Single -Family Residential Zone (RS -12). (a) Intent. It is intended that this zone provide for the development of single family dwellings and duplexes at a high density of development in older portions of the community. Dwellings in this zone should have good access to all city services and facilities. . (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (c) Provisional uses. (1) Zero lot line dwellings subject to the requirements of Sec. 1- _, page (2) Family care facilities provided they shall not be located within one-quarter (4) mile of each other. (3) Dwellings allowed in this zone with,a maximum of two (2) roomers in each dwelling unit provided that for single family dwellings and duplexes, one (1) additional off-street parking space per unit shall be furnished. (d)5 ep tial exceptions. (1) child care facilities subject to the requirements of Sec. 1 - page (2) Re ligious-institutions subject. to the requirements of Sec. 1-.. page —' (3) Public utilities. (4) 'Schools -generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot area per Unit: 3,000 sq, ft. (3) Minimum lot width: 45 ft. (4) Minimum lot frontage: 25 ft. (5) Minimum yards: 20 ft. Front - Side - 5 ft. for the first 2 stories plus 2 ft. 7_....,• ,. _. MICROFILMED. B(..'. -. JORM MICR+LAB CEDAR. RAPIDS • DES MOINES , I j fgao. r. 29 for each additional story; or for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft. Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page a. Permitted accessory use's and buildings. See Sec. 1-_, page _. b. Accessory use and building regulations. See Sec. 1-_, page _• C. Off-street parkingrequirements. See Sec. 1-_, page' d. Sign regulations. See Sec. 1 -_, ,page:_ e. Fence regulations. See Sec. 1-_, page _. (2) Dimensional requirements. See Division page (3) Nonconformi ties. See Division page (4) Tree regulations. See Division _, page (5) Performance standards.. See Division page (g) Special provisions. None, ......:.........._.:.MILROE1L19ED..BY._...___.._� .. JORM MICR+LAB -CEDAR RAPIDS • DES MOINES 1 1 I W q is i 30 Sec. 1 Low Density Multi -Family Residential Zone (RM -12). (a) Intent. It is intended that this zone provide for a high density of single family residential development and a low density of multifamily residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Duplexes. - (2) Detached single-family dwellings. (3) Multi -family dwellings. (c) Provisional uses. (1) Zero lot line dwellings and townhouses provided they shall be developed in accordance with the requirements of Sec. 1-_, l i page —' (2) Rooming houses, provided that the total flogr area shall not r exceed 330 square feet for each 2725 square feet -of lot area and that there ,shall ,be.at least 100 square feet of floor area for each roomer. j (3). Family care; facilities provided they shall not be. located �• j within one-quarter (4) mile of each other. j I (4) Dwellings allowed in this zone with a maximum of two (2) roomers in each dwelling unit provided that for single family dwellings and duplexes, one (1) additional off-street parking space per unit shall be furnished. j (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of Sec. 1-_ , page (2) Child care facilities subject to the requirements of Sec. l- -, page (3) Funeral homes subject to the requirements of Sec. 1-_, page (4) Religious institutions subject to the requirements of Sec. 1 - page — (5) Public utilities. (6) Group care facilities provided that there is at least 750 square feet of lot area for each occupant. __ .. _MICROFILMED aY,..- JORM MIC R+LAB { •CEDAR RAPIDS • DES MOINES F l 1 j , 31 (7) Schools - generalized private instruction. (e) Dimensional requirements. The following table of dimensional requirements shall be applicable to the uses of this zone. Single-family Single-family Town- Duplexes & Multi - (non 0 -lot line) (0 -lot line) houses other uses Famil , (1) Min. lot area: 4000 sf 3000 sf 3000 sf 6000 sf 8175 sf (2) Minimum lot area per unit: 4000 sf 3000 sf 3000 sf 3000 sf 2725 sf (3) Min. lot width: 35 ft 20 ft 18 ft 45 ft 60 ft (4) Min. lot frontage: 20 ft 20 ft 18 ft 35 ft 40 ft (5) Min. yards: Front - 20 ft 20 ft 20 ft 20 ft 20 ft Side 5 ft. for the first 2 stories plus 2 ft. for each additional story; for townhouse units, 0 ft: or 10 ft.; and for zero ' lot line dwellings, 1 at 0 ft. and the other at 10 ft. Rear 20 ft 20 ft 20 ft 20 ft 20 ft (6) Max. building bulk: Height - 35 ft 35 ft 35 ft 35 ft 35 ft Building coverage - 50% 50% 50% 50% 50% Floor area ratio- None None None None None (f) General provisions. All principal and accessory uses permitted 1 within -this zone are subject to the requirements of..;Articles'III`and.IV, j the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page _. a. Permitted accessory uses and buildings. See Sec. 1-_, page _• ,i b. Accessory use and building regulations. See Sec. 1-_, page _. C. Off-street parking requirements. See Sec. 1-_, page ' d. Sign regulations. See Sec. 1-_, page _. ....-�..._J._.�_Y-�'_ 11CROF.ILIdED.DY..._ JORM MICR+LAB fji • CEDAR RAPIDS DES MOINES 1 I 33 Sec. 1-_• Medium Density Multi -Family Residential Zone (RM -20) (a) Intent. It is the purpose of this zone to provide for the development of medium density multi -family housing in areas suitable for this density and to serve a market demand for this type of housing. This zonted to lotions acteivity articularly shoulduiha a good access toadjacent allcity services neighborhood cesand facilities. (b) Permitted uses. ' (1) Multi -family dwellings. (c) Provisional uses. (1) Townhouses and zero lot line dwellings rovidsubject d tthto the are requirements of Sec. 1- ; P. developed in accordance with the dimensional requirements of the RM -12 Zone and that each unit has a minimum lot area of 1800 square feet. (2) Family care facilities provided they shall not be located within one-quarter (h) mile of each other. (3) Nursing homes subject to the requirements of Sec. 1-,_, page (4) Religious institutions subject to the requirements of Sec. 1 - page (5) Single family dwellings, except .zero' lot line, dwellings, subject to the dimensional requirements of the RS -12 zone. (6) Rooming houses and fraternity/sorority houses, provided that the total floor area shall not exceed 330 square feet for each q 1800 square feet of lot area and that there shall be at least, 100 square feet 'of floor area for each roomer. , I (7) Dwellings allowed in thin it provided that for singleone with a maximum of family roomers in each dwelling family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (h) space per roomer. i (8) Duplexes provided they shall be developed in accordance with the dimensional requirements of the RM -12 zone and that the minimum lot area is 3600 square feet and the minimum lot area per unit is 1800 square feet. (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of Sec. a s 1-_, page y i `} ._ r''.�.�..__..._.MICROFILMEMY, .._...� ..; JORM. MICR+LAS 4 -CEDAR RAPIDS • DES MOINES I 34 (2) Clubs. (3) Child care facilities subject to the requirements of Sec. 1- _, page _. (4) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. 0 MICROFILMEO.BY_..... ..._� ._ JORM MICR+LAB S i .CEDAR R61DS • DES MOINES r� (5) Public utilities. (6) Elderly housing. (7) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1,800 sq. ft. (3) Minimum lot width: 60 ft. (4) Minimum lot frontage: 35 ft. (5) Minimum yards: Front - 20 ft. Side'- 5 ft. for'the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 45% Floor area ratio - None (f) General provisions. All principal and accessory uses permitted. within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page a. Permitted accessory uses and buildings. See Sec. 1-_, page _. b. Accessory use and building regulations. See Sec. 1-_, page _. 0 MICROFILMEO.BY_..... ..._� ._ JORM MICR+LAB S i .CEDAR R61DS • DES MOINES r� I C. M 35 Off-street parking requirements. See Sec. 1-_, page Sign regulations. See Sec. 1- page e. Fence regulations. See Sec. 1- page (2) Dimensional requirements. See Division _, page (3) Nonconformities. See Division _, page (4) Tree regulations. See Division _, page (5) Performance standards. See Division page (g) Special provisions. None. is _.,_,__MICR0FILMED.8Y.,_ DORM MICR+LAB -CEDAR RhIDS - DES MOINES M 36 Sec. 1- . Neighborhood Conservation Residential Zone (RNC -20) (a) Intent. It is the purpose of this zone to preserve the character of existing neighborhoods and is designed to prevent existing multi- family uses within the neighborhood from becoming nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. (1) Detached single family dwellings. (2) Duplexes. (3) Multi -family dwellings. (c) Provisional uses. dethat (1) Rootheming total houses floor areafshallnnot/exceedt330 square fieetfor each 1800 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (2) Family care facilities provided they shall not be located within one-quarter (a) mile of each other. (3) Nursing homes subject to the requirements of Sec. 1-_, page (4) Religious institutions subject to the requirements of Sec. 1 page (5) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street -parking spaces shall be furnished at the ratio of one-half (h) space per roomer: (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 1 - page (2) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. i (3) Schools - generalized private instruction. (4) Public utilities. (e) Dimensional requirements. j i 1920 ._...._.__.__._..--------. �f .._..MICROFILMED aY. , .I �r JORM MIC R¢LAB t CEDAR RAPIDS • DES MOINES l t{� j (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage (5) Minimum yards Front - Side - 37 5000 sq. ft. 1800 sq. ft. 40 sq. ft. 25 sq. ft. 20 ft. 5 ft. for the first story plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage-- 45% - Floor area ratio - None (f)' General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV;,the divisions and sections of which are indicated as follows: ,(1) Accessory uses. See Article III, page_. a. Permitted accessory uses and buildings. See Sec. 1-_; page _. b. Accessory use and building regulations. See Sec. 1-_, page C. Off-street parking requirements. See Sec. 1-_, page d. Sign regulations. See Sec. 1-_, page _. e. Fence regulations. See Sec. 1-_, page _. (2) Dimensional requirements. See Division _; page _. (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division _, page _. ..�.�..E O.ay.,R+LAB OE£ MOINES I { I .I" i. i { i r i i i 4_ I I _ I . .... ...E I' 1 38 (5) Performance standards. See Division _ , page _. (g) Special provisions. (1) All uses or buildings which were conforming prior to December 13, 1982, shall be construed to be conforming under the terms of this ordinance. Any building containing a conforming use may be torn down and rebuilt provided it does not exceed its present density or the density of this zone, whichever is greater, and. is in conformance with all other provisions of this ordinance. (2) Any conforming building containing a conforming use which has been destroyed or damaged by fire, explosion, act of God or a public enemy may be rebuilt to its present state. 1...... .._ ._.r FILMED BY__ �.. t1ICR0 JORM MIC R(�LAB •CEDAR RAPIDS • DES MOINES I I ■ 39 Sec. 1-_. High Density Multi -Family Residential Zone (RM -44). (a) Intent. It is intended that this zone establish areas for the development of high density multi -family dwellings and group living quarters. Additionally, it is intended that this zone be located near an arterial street for proper access. Due to the different types of uses permitted within the zone, careful attention to site design and development is expected to'assure that all uses are mutually compatible. (b) Permitted uses. (1) Multi -family dwellings. (2) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. (c) Provisional uses. (1) Townhouses subject to the requirements of Sec. 1- P. provided they are developed in accordance with the dimensional requirements of the RM -12 zone, except that each unit shall have a minimum lot area and lot area per unit of 1000 square feet. (2) Family care facilities provided they shall not be located within one-quarter (',) mile of each other. (3) Nursing homes subject to the requirements of Sec. 1-_, page I (4) Religious institutions subject to the requirements of Sec. 1- j page _• (5) Rooming houses and fraternity/sorority houses, provided that the total floor area shall not exceed 330 square feet for each i 1000 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. ! (d) Special exceptions. (1) Clubs. (2) Child care facilities. (3) Public utilities. (4) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (5) Schools - generalized private instruction. (e) Dimensional requirements. i JORM - MICR+LAB - CEDAR RIP IDS DE: MOINES I 40 (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1,000 sq. ft. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 ft. (5) Minimum yards: Front 20 ft. Side 5 ft for the first 2 stories plus 2 ft. for each additional story Rear 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage 40% Floor area ratio None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisirins and sections of which are indicated as follows: jI (1) Accessory uses. See Article 111, page a. Permitted accessory uses and buildings. See Sec. page b. Accessory use and building regulations. See Sec. 1-_, page C. Off-street parking requirements. See Sec. 1-_, page d. Sign regulations. See Sec. I - page e. Fence regulations. See Sec. 1- page (2) Dimensional requirements. See Division page (3) Nonconformi ties. See Division page (4) Tree regulations. See Division page -1 ai , (5) Performance standards. See Division page (g) 5 ecial Provisions. None. _ I t i I • I _- ..... MILROFILMED BY..__ .__ _ JORM,, MICR+LAB •.CEDAR RAPIDS • DES MOINES I 9 A 42 Sec. 1-_. High Rise Multi -Family Residential Zone (RM -145). (a) Intent. It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential environment. It is intended that this zone provide an efficient arrangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed to providing' a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) High-rise multi -family dwellings. (2) Fraternity/sorority houses. (3) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. (c) Provisional uses. (1) Low-rise multi -family dwellings provided they are developed in accordance with the dimensional requirements of the RM -44 Zone. (2) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 Zone provided they are located on the ground level or below in a high-rise multi -family dwelling. (3) Elderly housing subject to the requirements of•Sec. 1-_, page _. (d) Special exceptions. (1) Restaurants. (2) Child care facilities. (3) Clubs. (4) Religious institutions. (5) Public utilities. (6) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (7) Schools - generalized private instruction. .... .�.,. ...__..__MICROEILHEO..DY.,--..__._�. . �1 JORM MICR+LA9 t •CEDAR RAPIDS • DE5 MOINES } I I9ao 1. h i 1 j ,I 42 Sec. 1-_. High Rise Multi -Family Residential Zone (RM -145). (a) Intent. It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential environment. It is intended that this zone provide an efficient arrangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed to providing' a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) High-rise multi -family dwellings. (2) Fraternity/sorority houses. (3) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. (c) Provisional uses. (1) Low-rise multi -family dwellings provided they are developed in accordance with the dimensional requirements of the RM -44 Zone. (2) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 Zone provided they are located on the ground level or below in a high-rise multi -family dwelling. (3) Elderly housing subject to the requirements of•Sec. 1-_, page _. (d) Special exceptions. (1) Restaurants. (2) Child care facilities. (3) Clubs. (4) Religious institutions. (5) Public utilities. (6) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (7) Schools - generalized private instruction. .... .�.,. ...__..__MICROEILHEO..DY.,--..__._�. . �1 JORM MICR+LA9 t •CEDAR RAPIDS • DE5 MOINES } I I9ao 6 i 43 (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 300 sq. ft. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 ft. (5) Minimum yards: Front - None. Side - 5 feet or 0 feet for walls without windows facing the side yard. Rear - 5 feet or O feet for walls without windows facing the rear yard. - (6).<Minimum open: space per dwelling unit: None. .(7) Maximum building bulk: Height - None. Building coverage - None. Floor area ratio - None. (f) General provisions. All principal and accessory uses permitted within -this zone are subject to the requirements of. Articles III and IV, the divisions and sections of which are indicated as followsi (1) Accessory uses. See Article III, page _ a. Permitted accessory uses and buildings. See Sec. 1-_, page b. Accessory use and building regulations. See Sec. 1-_, page C. Off-street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec. 1-_, page ..-.__.MIEROFILMEDaY... _...., JORM MICR( LAB -CEDAR RAPIDS • OES MOINES I 44 e. Sign regulations. See Sec. 1-_, page _. f. Fence regulations. See Sec. 1-_, page _. (2) Dimensional requirements. See Division page (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division page _. (5) Performance standards. See Division page _. (g) Special provisions. (1) Except along boundaries where adjacent zones permit buildings higher than 35 feet, no portion of any building in the RM -145 zone shall project through an imaginary plane leaning inward from 35 feet above zone boundaries at an angle representing an increase of one (1) foot of height for each foot of horizontal distance perpendicular to the boundary: Where existing land in abutting zones is developed with open spaces at the boundary, - - -• - such as-street:right-of-way, the open space may be included in meeting the horizontal. distance requirement. 45 Sec. 1-_ Commercial Office Zone (CO -1). (a) Intent. The Commercial Office Zone '(CO -1) is intended to provide specific areas where office functions, compatible businesses, apartments and certain public and semi-public uses may be developed. The CO -1 Zone can serve as a buffer between residential and more intensive commercial or industrial areas. (b) Permitted uses. (1) Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers except for those retail establishments specifically allowed in this zone. Any office use shall be permitted excepting the following: a. Small animal clinics. b. Drive-in facilities. (2) Pharmacieslimited to the retail sale of drugs and j pharmaceutical products. (3) Optical, prosthetics, medical and dental supply stores, limited to retail sales. (4) Hospitals. (5) Nursing homes. (6) Copy services.. I (7) Florist shops. (8) Meeting halls. (9) Clubs. i f' (c) Provisional uses. (1) Dwellings located above or below the ground floor of a j commercial use permitted in this zone provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each unit. (2) Religious institutions subject to the requirements of Sec. 1- _, page _. (d) Special exceptions. ..................MICROFICNED.aY.__�.-..-...� _ �r JORM MIC R(�LAB t - CEDAR RAPIDS OES MOINES 1 t� j .1! i i 46 (1) Drive-in facilities associated with financial institutions. (2) Child care facilities. (3) Funeral homes subject to the requirements of Sec. 1-_, page (4) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (5), Restaurants. (6) Barber shops and beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (7) Public utilities. (8) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front: 20 ft. Side: None Rear: None (5) Maximum building bulk: Height: 25 ft. Lot coverage: None, Floor area ratio: 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page _. a. Permitted accessory uses and buildings. See Sec. I-_, page _• b. Accessory use and building regulations. See Sec. 1-_, page _. C. Off-street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec. 1-_, page ,..MICROFILMED -BY_ JORM' MICR+LAB 1 .I CEDAR RIPIDS • DES MOINES l9ao w i I f 7 47 J 48 Sec. 1- Neighborhood Commercial Zone (CN -1). (a) Intent. The Neighborhood Commercial Zone (CN -1) is intended to permit the development of retail sales and personal services required to meet the needs of a fully developed residential neighborhood. Stores in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw communitywide patronage. In general, the CN -1 Zone is intended for the grouping' of small retail businesses which are relatively nuisance - free to surrounding residences. (b) Permitted uses. (1) Grocery stores including specialty food such as bakery and delicatessen goods. (2) Drugstores, florist shops and variety stores. (3) Barber shops and beauty parlors, Laundromats, and laundry and dry cleaning pick-up and delivery services. ! (4) Financial institutions. (c) Provisional uses. i (1) None. (d) Special exceptions. i (1) Drive-in facilities for financial institutions. 1 (2) Religious institutions. (3) Restaurants. (4) Filling stations provided that no part of,the filling station site shall be located within 100 feet of an R zone boundary. (5) Child care facilities subject to the requirements of Sec. 1 - page — (6) School -.specialized private instruction. (7) Public utilities. (8) Dwellings located _above or below.the ground floor of a building j provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of ,three (3) roomers may reside in each dwelling unit. (e) Dimensional requirements. W rj ..:_ ..., . .1.�.,^. ...... -,.MICROFILMED. BY_.._..._..' .. JORM MICR+LAB •CEDAR RAPIDS • DES MOINES i I (1) Minimum lot area: (2) Minimum lot width: (3) Minimum lot frontage: (4) Minimum yards: Front - Side - Rear - 49 None None None 20 ft. None None (5) Maximum building bulk: Height - 25 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page _. a. Permitted accessory uses and buildings. See Sec. 1-_, page _• b. Accessory use and building regulations. See Sec. 1-_, page _. C. Off-street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec. 1-_, page e. Sign regulations. See Seca 1 -_,'Page f. Fence regulations. See Sec. 1-!, page _. (2) Dimensional requirements. See Division _, page _. (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division_, page (5) Performance standards. See Division _, page _. (g) Specialprovisions. (1) In no instance shall an area zoned CN -1 be less than three (3) acres nor more than seven (7) acres. ......._:._.._. MICRDF'L,,ED..BY..... - . JORM MIC R+LAB 1 CEDAR RAPIDS • DE: M0114ES .1 i 4 I P 50 Sec. 1-,_• Community Commercial Zone (CC -2). (a) The Community Commercial Zone (CC -2) is intended to provide for major business districts to serve a major segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thoroughfares. While these centers are usually characterized by indoor operations, certain permitted uses may have limited outdoor activities as specified. (b) Permitted uses. (1) Retail establishments, including restaurants, except those uses listed as special exceptions. (2) Business and personal service establishments except drive-in facilities and those uses listed as special exceptions. (3) The permitted.office uses of the CO -1 Zone. (4) Meeting halls. (5) Clubs. (c) Provisional uses. None. (d) S ep tial exceptions. (1) Child care facilities. (2) Religious institutions. (3) Auto oriented uses. (4) bwellings located above or below the ground floor of a building• provided the density does not exceed one (1) dwelling unit per 1800 square 'feet of lot area. :'A maximum of three (3) roomers may reside in each dwelling unit. (5) Cemeteries. (6) Schools - specialized private instruction. (7) Public utilities. (8) Funeral homes subject to the requirements of Sec. 1-_, page (e) Dimensional requirements. ._._..^.........,.MICROEILME<i.BY.......'__-'. ... DORM MICR+LAB CEDAR RKPI DS • DES MOINES I 11, i 1 i i :I i 50 Sec. 1-,_• Community Commercial Zone (CC -2). (a) The Community Commercial Zone (CC -2) is intended to provide for major business districts to serve a major segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thoroughfares. While these centers are usually characterized by indoor operations, certain permitted uses may have limited outdoor activities as specified. (b) Permitted uses. (1) Retail establishments, including restaurants, except those uses listed as special exceptions. (2) Business and personal service establishments except drive-in facilities and those uses listed as special exceptions. (3) The permitted.office uses of the CO -1 Zone. (4) Meeting halls. (5) Clubs. (c) Provisional uses. None. (d) S ep tial exceptions. (1) Child care facilities. (2) Religious institutions. (3) Auto oriented uses. (4) bwellings located above or below the ground floor of a building• provided the density does not exceed one (1) dwelling unit per 1800 square 'feet of lot area. :'A maximum of three (3) roomers may reside in each dwelling unit. (5) Cemeteries. (6) Schools - specialized private instruction. (7) Public utilities. (8) Funeral homes subject to the requirements of Sec. 1-_, page (e) Dimensional requirements. ._._..^.........,.MICROEILME<i.BY.......'__-'. ... DORM MICR+LAB CEDAR RKPI DS • DES MOINES I 11, 51 (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None _._ _._.__MICRO FILMED..aY__.___� .. JORMMICR+LAB CEDAR R/�!OS • OES MOINES I 11 (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 2.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page _. a. Permitted accessory uses and buildings. See Sec. l-_, page _• b. Accessory use and building regulations. See Sec. 1-_, page _• C. Off'street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec. 1-_, page e. Sign regulations. See Sec. 1-_, page f. Fence regulations. See Sec. 1 -_,page _. (2) Dimensional requirements. See Division _ ;page _. (3) Nonconformities. See Division _ ,page _. (4) Tree regulations. SeeDivision _,page _. (5) Performance standards. See Division ^, page _. (g) Special provisions. None. _._ _._.__MICRO FILMED..aY__.___� .. JORMMICR+LAB CEDAR R/�!OS • OES MOINES I 11 52 Sec. 1-_ Central Business Service Zone (CB -2). (a) Intent. The Central Business Service Zone (CB -2) is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommodate mixed land uses and requires that the intensity of use be less than that permitted in the CB -10 zone. (b) Permitted uses. (1) The permitted uses of the CB -10 Zone. (2) Auto oriented uses. j (3) Hotels, motels and convention facilities. I I (c) Provisional uses. (1) Dwellings located above or below the ground floor of a building 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. (2) Elderly housing subject to the requirements of Sec. 1-_, f! ! page ' (d) Special Exceptions. .(1) Clubs. (2) Child care facilities. (3) Religious institutions. (4) "Schools - specialized private instruction. (5) Public utilities. i (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None -.. �.�.,.E ROFILMEDBY-1. ._.�.._- M.CR �LAB PIDS • DES MOINES I j� 1 53 Side - None Rear - None (5) Maximum building bulk: 100 ft. Height - Lot coverage - None Floor area ratio - 2.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page _. a. Permitted accessory uses and buildings. See Sec. 1-_, i page _. b. Accessory use and building regulations. See Sec. 1-_, page C. Off-street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec. 1-_ page e. Sign regulations. See Sec. 1-_, page. _. f. Fence regulations. See Sec. 1 page'_.' (2) Dimensional requirements. See Division._, page _. (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division _, page (5) Performance standards:See Division _, page (g) Special provisions. None. BY_ ..... .___j1..._. JORM MICR4LAB t CEDAR RPPIDS• DES MOINES 1 F 54 Sec. 1- Central Business Zone (CB -10). (a) Intent. The Central Business Zone is intended to be the high density, compact, pedestrian oriented shopping, office, service, and entertainment area in Iowa City. Development and redevelopment within this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas, or pedestrian ways. The zone is intended to accommodate a wide range of retail, service, office and residential uses. Auto oriented uses, as defined in this Chapter, are not permitted except as otherwise provided. Consolidated off-street loading and service facilities should be provided wherever practical with access to be provided from public service alleys or courts. It is intended that off- street parking facilities be publicly provided and off-street accessory parking be allowed only as a provisional use. Because of the proximity to the University of Iowa, residential development above the ground floor in this district is encouraged as a provisional use. (b) Permitted uses. (1) Retail establishments, including restaurants, except drive-in F facilities and those uses listed as provisional uses or special exceptions. f(2) Business and personal service establishments, except drive-in i facilities. (3) The permitted office uses of the CO -1 Zone. (c) Provisional uses. (1). Dwellings provided the are located abode the y ground floor. i Three (3) roomers may reside in each dwelling unit. i : (2) Elderly housing subject to the provisions of 'Sec. 1-_, page (3) Hotels or motels provided that parking spaces shall be in accordance with Sec. 1-_,- page _. (4) Wholesale establishments in conjunction with retail establishments. (d) Special exceptions. (1) .Clubs. (2) Child care facilities. (3) Religious institutions. (4) Off-street parking subject to the provisions of Sec. 1-_, - page _. . lRao _. MICROFILMED BY.. ...Ii JORM MICR¢LAE3 1 4 CEDAR RAPIDS • OEC MOINES 55 (5) Schools - specialized private instruction. (6) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: ' None (4) Minimum yards: Front - None Side - None Rear - None (5) Maximum building bulk: Height - None Lot coverage - None Floor area ratio - 10.0 (f) General provisions: All principal -and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III', page a. Permitted accessory uses and buildings. See Sec. I-_, page _ b. Accessory use and building regulations. See Sec. 1 - page _ C. Off-street parking requirements. See Sec. 1-_, P. d. Sign regulations. See Sec. 1- page_. e. Fence regulations. See Sec. 1-_, page _. (2) Dimensional requirements. See Division page _ (3) Nonconformities. See Division page _. (4) Tree regulations. See Division page _. (5) Performance standards. See Division _, page (g) Special provisions. (1) The floor area ratio may exceed ten (10), up to and including twelve (12), for any lot for which a use provides off-street loading meeting the requirements of Sec. 1 - page _; or BY...._- DORM MICR+LAB CEDAR RAPIDS - DE: MOINES I, I i 56 (2) The floor area ratio may exceed ten (10), up to and including twelve (12), for any lot on which a use provides for a pedestrian plaza that abuts a public street or pedestrian mall and that has an area equal to or greater than 20 percent of the lot area. _,._141UOULMED BY..__ JORM MICR+LAB CEDAR OP]DS • DES MOINES ■ 57 Sec. 1- Highway Commercial Zone (CH -1). (a) The Highway Commercial Zone (CH -1) is intended to permit development of service uses relating to expressways or other controlled access locations along major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available to the thoroughfare user, without creating the traffic conges- tion and hazards associated with intersections. (b) Permitted uses. (1) Hotels, motels and convention facilities. (2) Restaurants. (3) Auto oriented uses. (4) Commercial recreational facilities. (5) Dairy products processing and packaging. (c) Provisional uses. (1) None. (d) Special exceptions. (1) Schools - specialized private instruction. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: 100 ft. (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height None Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, _, the divisions and sections of which are indicated as follows: ._.. .-----.`_.._...MICROF.IOED.BY__.____�.... DORM MIC R�LA8 I • CEDAR RiP • DES MOINES M (1) Accessory uses. See Article III, page a. Permitted accessory uses and buildings. See Sec. 1-_, page _• b. Accessory use and building regulations. See Sec. 1-_, page _• C. Off-street parking requirements. See Sec. 1 - page , page I .:. . ...,. ...MICROFILMEQ,BY... ........ JORM MICR+LAB •CEDAR RKPIDS • DE= MOINES 1 59 Sec. 1- Intensive Commercial Zone (CI -1). (a) Intent. The Intensive Commercial Zone (CI -1) is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities, or by activities or operations conducted in buildings or structures not completely enclosed. Special attention must be directed toward buffering the negative aspects of these -uses upon any residential uses. (b) Permitted uses. (1) Auto oriented uses. (2) Building contractor facilities, yards and pre -assembly yards. (3) Clubs. (4) Commercial recreational facilities. (5) Computer supply stores. (6) Equipment rental agencies. (7) Farm implement dealers. (8) Food lockers. (9) Furniture and carpeting stores. (10) Hardware and building supply stores. (11) Lumber yards, and building supply establishments and yards. (12) Marine equipment and supply. (13) Meeting halls. (14) Merchandise and product supply centers but not including the retail sale of merchandise on premises. (15) Office uses permitted in the CO -1 zone. (16) Plant nurseries and florist shops. (17) Printing and duplicating operations. (18) Repair shops. (19) Restaurants. (20) Wholesale trade and warehouse establishments for the goods listed in the I-1 zone. �... .'...^. _....._...741CROFILMED. BY. _:._...� .. 4 JORM MICR�LAB .CEDAR 111IDS • DES MOINES fj 1 I C I t. 59 Sec. 1- Intensive Commercial Zone (CI -1). (a) Intent. The Intensive Commercial Zone (CI -1) is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities, or by activities or operations conducted in buildings or structures not completely enclosed. Special attention must be directed toward buffering the negative aspects of these -uses upon any residential uses. (b) Permitted uses. (1) Auto oriented uses. (2) Building contractor facilities, yards and pre -assembly yards. (3) Clubs. (4) Commercial recreational facilities. (5) Computer supply stores. (6) Equipment rental agencies. (7) Farm implement dealers. (8) Food lockers. (9) Furniture and carpeting stores. (10) Hardware and building supply stores. (11) Lumber yards, and building supply establishments and yards. (12) Marine equipment and supply. (13) Meeting halls. (14) Merchandise and product supply centers but not including the retail sale of merchandise on premises. (15) Office uses permitted in the CO -1 zone. (16) Plant nurseries and florist shops. (17) Printing and duplicating operations. (18) Repair shops. (19) Restaurants. (20) Wholesale trade and warehouse establishments for the goods listed in the I-1 zone. �... .'...^. _....._...741CROFILMED. BY. _:._...� .. 4 JORM MICR�LAB .CEDAR 111IDS • DES MOINES fj 1 I C I AIJ (c) Provisional uses. (1) Kennels and veterinary establishments provided they are not located within 200 feet of an R zone. (2) Funeral homes subject to the requirements of Sec. 1-_, page (3) Other retail establishments when associated with the permitted uses of this zone provided that not more than 50% of the total ground floor area shall be devoted to the retail display of merchandise. (4) Adult businesses, such as massage parlors and other similar establishments which feature nude dancers or models, provided they shall not be located within 50 feet of a restaurant or another adult business. (d) Special exceptions. (1) Dwellings located above the ground floor of a building provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (2) Schools - specialized private instruction. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilities. (e) Dimensional'reguirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: .. _ .. ......_.,_ _M I CROF I WED. BY.. -_....__...' DORM MICRLAB -CEDAR RPPI OS • DES MOINES I, j i I i 1 I i i AIJ (c) Provisional uses. (1) Kennels and veterinary establishments provided they are not located within 200 feet of an R zone. (2) Funeral homes subject to the requirements of Sec. 1-_, page (3) Other retail establishments when associated with the permitted uses of this zone provided that not more than 50% of the total ground floor area shall be devoted to the retail display of merchandise. (4) Adult businesses, such as massage parlors and other similar establishments which feature nude dancers or models, provided they shall not be located within 50 feet of a restaurant or another adult business. (d) Special exceptions. (1) Dwellings located above the ground floor of a building provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (2) Schools - specialized private instruction. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilities. (e) Dimensional'reguirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: .. _ .. ......_.,_ _M I CROF I WED. BY.. -_....__...' DORM MICRLAB -CEDAR RPPI OS • DES MOINES I, j 61 (1) Accessory uses. See Article III, page _. a. Permitted accessory uses and buildings. See Sec. 1-_, page _. b. Accessory use and building regulations. See Sec. 1-_, page. _. C. Off-street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec. 1-_, page e. Sign regulations. See Sec. 1-_, page. _. f. Fence regulations. See Sec. 1-_, page _. (2) Dimensional requirements. See Division_ , page _. (3) Ndnconformities. See Division-,..-, page (4) Tree regulations. See Division page (5) Performance standards. See Division _, page _. (g) "Special provisions. None. { _...,..' MICROFIWED ..BY..._.�.:......_�. JORM MICR+LA9 •CEDAR RdP!DS DE° MOINES I 0 J 62 Sec. 1-_ Office and Research Park Zone (ORP). (a) Intent. It is intended that this zone provide areas for the development of large office, research and similar uses. The requirements of this zone provide protection for uses within the zone to adjacent land uses and for adjacent more restrictive uses. Hotels, motels and similar uses should be located along the periphery of the zone or in such other locations that do not adversely effect the setting and quality of development for the permitted uses of this zone. (b) Permitted uses. (1) Data processing and computer operations. (2) Offices including business, educational, governmental, industrial or professional offices. _..._..HICRorILMED.BY._.. .__.'-... r.1 JORM MICR#LAB }? CEDAR RAPIDS • DES MO1NE5 } I (3) Merchandise and product display centers, but not including the i �i i retail sale of merchandise on premises. (4) Research, testing, and experimental laboratories. (c) Provisional uses. (1) .None. (d) Special exceptions. (1) :Hotels, motels, and convention centers, including restaurants. (2) Communication stations, centers, studios and towers provided' that towers shall be located at least as far away from property lines as their height above grade. (3) Heliports .and helistops.subject.to the_ requirements of Sec. 1 - page _• (4) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: 7 acres (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Required yards: Front - 150 ft. Side - 100 ft. Rear - 100 ft. _..._..HICRorILMED.BY._.. .__.'-... r.1 JORM MICR#LAB }? CEDAR RAPIDS • DES MO1NE5 } I y I i i �i i M (5) Maximum building bulk: Height - None Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See Article III, page a. Permitted accessory uses and buildings. See Sec. page b. Accessory use and building regulations. See Sec. page C. off-street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec., I- page See Sec. page e. Sign regulations. f. Fence regulations. See Sec. 1-_, page (2) Dien im ' sional requirements. See Division _, page (3) Nonconformi ties. - See Division page (4) Tree regulations'. See Division _, page.—. (5) Performance standards. See Division page (g) Special In no instance shall an area zoned ORP be less than 21 acres. _.__.,..M1CR0F1LRE0 BY_ - ---- --- JORM MICR+LAB CEDAR RAPIDS BE" MOINES -1, I� 64 Sec. 1 General Industrial Zone (I-1). (a) Intent. The General Industrial Zone (I-1) is intended to provide for the development of most types of industrial firms. Regulations are designed to protect adjacent non-residential zones and other industrial uses within the zone. (b) Permitted uses. (1) The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials such as but not limited to bone, canvas, celeophane, cement, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, metal, paper, plastics, precious or semi- precious metals or stones, rubber, shell, textiles, tobacco, wax, wire, wood (except logging camps, sawmills, and planing mills) and yarns. (2) The manufacture, processing and packaging of food and kindred products (except grain milling and processing, stockyards and slaughter houses). (3) The manufacture of chemicals and allied products except fertilizer manufacturing.' (4) Communication stations, centers, and studios. (5) Railroad switching, storage and freight yards and maintenance facilities. (6) Wholesale trade and warehouse establishments for goods such as but not limited to automotive equipment, drugs, chemicals and allied products, dry goods and apparel, groceries and related products, electrical goods, hardware, plumbing, heating equipment and supplies, machinery, equipment and supplies, tobacco and: alcoholic beverages, paper and paper products, furniture and home furnishings. (7) Research, testing and experimental laboratories. (8) Building contractor facilities, yards and pre -assembly yards. (c) Provisional uses. (1) Residence of the proprietor, caretaker, or watchman when located on the premises of the commercial orindustrialuse. (2) Communication towers provided that a tower's distance from an R zone shall be at least equal to the height of the tower. (d) Special exceptions. (1) Heliports and helistops subject to the requirements of Sec. 1 - page _. NICROFILMEO.BY _._:_....� l JORM MICR#LAB CEDAR RAPIDS • OEC MOINES i i_ i 65 (2) Public utilities. (3) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: -None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height 45 ft. Lot coverage - None Floor area ratio - None (f) Generalprovisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections'of which are indicated as follows: (1) Accessory uses. See Article III, page a. Permitted accessory uses and buildings. See Sec. 1-_, page b. Accessory use and building regulations. See Sec. 1-_, page C. Off-street parking requirements. See Sec. 1 page d. Off-street loading requirements.See Sec. 1-_, page e. Sign regulations. See Sec. 1-_, page _. f. Fence regulations. See Sec. 1-_, page_. (2) Dimensional requirements. See Division _, page (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division _, page _. (5) Performance standards. See Division _, page _. �.... _._ ..._111CROFILMED.BY. _:....__i. .. t JORM MICR LAB 4 -CEDAR. RXIDS • DES MOINES 1 I • i 65 (2) Public utilities. (3) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: -None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height 45 ft. Lot coverage - None Floor area ratio - None (f) Generalprovisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections'of which are indicated as follows: (1) Accessory uses. See Article III, page a. Permitted accessory uses and buildings. See Sec. 1-_, page b. Accessory use and building regulations. See Sec. 1-_, page C. Off-street parking requirements. See Sec. 1 page d. Off-street loading requirements.See Sec. 1-_, page e. Sign regulations. See Sec. 1-_, page _. f. Fence regulations. See Sec. 1-_, page_. (2) Dimensional requirements. See Division _, page (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division _, page _. (5) Performance standards. See Division _, page _. �.... _._ ..._111CROFILMED.BY. _:....__i. .. t JORM MICR LAB 4 -CEDAR. RXIDS • DES MOINES 1 I • w ■ (g) Special Provisions. None. 0 __"_MICRO FILMED.BY t .. JORM MICR+LAB -CEDAR R61DS • DES MOINES •'1 j j. I I{ 1 r I f. 0 __"_MICRO FILMED.BY t .. JORM MICR+LAB -CEDAR R61DS • DES MOINES •'1 i 67 Sec. 1-_ Heavy Industrial Zone (I-2). (a) Intent. The Heavy Industrial Zone (I-2) is intended to provide for heavy or intense industries. The zone is designed primarily for manufacturing and fabrication activities including large scale or specialized operations having external effects which could have an impact on adjacent less intense commercial or industrial uses. (b) Permitted uses. (1) Any industrial, commercial or related use, except the following uses which shall be prohibited: a. Manufacture of explosives. b. Stockyards and slaughter houses. i C. Disposal, reduction or dumping of dead animals or offal. d. Production of stone, clay, glass materials including Portland cement plants and quarries. 1 `• e. Fertilizer manufacturing. f. Radioactive waste storage or disposal site. g. Oil refining and alcohol plants. I h. Steel mills. (2). Bulk storage of any materials, products, and equipment; (c) Provisional uses. l (1) The uses listed as provisional uses in the I-1 zone subject to the requirements indicated. ;. (2) Extraction of sand, gravel and other raw materials subject to i the requirements of Sec. 1-_, page (3) Junk yards subject to the requirements.of Sec. 1-_ , page _• (d) Special exceptions. (1) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None _ __ _.....MICROFILMED.B ._ JORM MICR+LAB: CEDAR RAPIDS • DES MOINES 1 I 68 (3) Minimum lot frontage: None (4) Minimum yards: Front - 100 ft. Side - 0 ft. Rear - 0 ft. (5) Maximum building bulk: Height - 45 ft. Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses. See,Article III, page_. a. Permitted accessory uses and buildings. See Sec. 1-_, page _ % b. Accessory use and building regulations. See Sec. 1-_, page — C. Off-street parking requirements. See Sec. 1-_, page d. Off-street loading requirements. See Sec. 1-_, page i e. Sign regulations. See Sec. 1-_, page f. Fence regulations. See Sec. 1-_, page _. I (2) Dimensional requirements. See Division _ , page _. (3) Nonconformities. See Division _, page _. (4) Tree regulations. See Division _, page _. (5) ;Performance standards. See Division _, page _. (g). Special provisions. None. ....., ._.:.._..191CROFILMED BY.... .._..�. _., t j({ 'JORM MICR+LAB •CEDAR RAPIDS • DEL MOINES 69 Sec. 1- Public Zone (P). (a) Intent. It is intended that the Public Zone (P) provide reference on the zoning map to public uses of land. Thus land owned or otherwise controlled by the Federal Government, the State of Iowa, Johnson County, City of Iowa City, and the Iowa City Community School District will be designated a Public Zone (P). This designation is intended to serve a notice function to those owning or buying land in proximity to publically owned land, which is not ordinarily subject to the regulations of this Chapter. (b) Permitted uses. (1) The use of land, buildings or structures of the aforementioned federal and state governments or political subdivisions thereof. (2)• Farms. _ (c) Provisional uses. None. (d) Special exceptions. None. (e) Dimensional requirements. None. (f) General provisions. None. (g) Special provisions. (1) Should any such land be sold, conveyed or transferred to anyone other than the government of the United States of America or the State of Iowa or a political subdivision thereof, the buyer or transferee must submit an application to the City for a'rezoning to a zone other than the Public Zone (P) in accordance with Sec. 1--, page — (2) Land which is acquired by the government of the United States of America or the State of Iowa or a political' subdivision thereof after the effective date of this Chapter shall retain its existing zoning designation until such time as pursuant to Sec. 1-_, page _, the zoning map is amended to designate such land a Public Zone (P). (3) Before any such land is conveyed by leasehold interest to anyone other than the federal and state governments or political subdivisions thereof for a use other than permitted in this _ -MICROFILMED BY JORM MICR+LAB CEDAR 134105 -' DES MOINES 1 ■ W, zone, rezoning to an appropriate zone in which the use is allowed shall be obtained. The use shall be subject to all requirements of the zone in which it is allowed. Further, the zone shall be established as an overlay zone with the underlying zone retaining its original designation of P. ...--MICROFILMED BY_.... JORM MICR�LAB CEDAR ldPIOS - DE- MOINES I ;0 I 71 DIVISION OVERLAY ZONES Sec. 1- Flood hazard overlay zones. Sec. 1- General. ('a) Purpose. The purpose of the flood hazard overlay zones is to establish regulations to minimize the extent of floods and the losses incurred in flood hazard areas and to promote the public health, safety and welfare. (b) Intent. The flood hazard overlay zones are intended to permit only that development within the floodplain which is appropriate in light of the probability of flood damage. The regulations as set forth herein shall apply to all property located in the floodplains, as shown on the Flood Hazard Boundary Map filed with the City Clerk. (c) Adoption of flood maps and flood insurance study. The City has adopted the Flood Hazard Boundary Map, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated May 2, 1977, provided by the Federal Insurance Administration 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 Insurance Administration. (d) Lands to which the overlay zones apply. The flood hazard overlay zones shall apply to all lands shown on the Flood Hazard Boundary Map as being located within the 100 year flood plain. (e) Determination of the location of floodplains and oodways. The boundaries of the floodplains and floodways shall. be determined from information presented on the Flood Boundary and Floodway Map. In the absence of specific, information, boundaries shall be determined by scaling distances on the map. Where interpretation is needed as to the exact location of the boundaries, the City Engineer shall make the necessary interpretation. In all cases, the level of the 100 year flood shall be the governing factor in locating the zone boundary on any property. Any person contesting the location of the zone boundary shall be given an opportunity to present his/her case to the Board of Adjustment for interpretation. (f) Disclaimer of liability. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. These regulations do not imply that areas outside the flood hazard overlay zones will be free from flooding or flood damages. These regulations shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder. i MI CRDFI DIED. BY. .. _...._.� l JORM MICR+LAB 11 CEDAR RAPIDS • DU MOINES 1 I (g) oodol 72 av %yr5) Lune. Ine 6ity nereoy establishes a Floodplain Overlay (OFP) Zone and a Floodway Overlay (OFW) Zone which boundaries are those of the designated 100 year flood and the designated floodway respectively, as shown on the Flood Boundary and Floodway Map. The OFP Zone includes the OFW Zone. (h) Public inspection. The City maintains for public inspection the following:• (1) .A Flood Hazard Boundary Map, a Flood Insurance Rate Map, and a Flood Boundary and Floodway Map. (2) Certificates of flood proofing (with building permits as applicable). (3) For all new or substantially improved buildings in the flood - plains: a. Information on the elevation of the 'lowest habitable floor including basement, b. A statement whether a building contains a basement, and C. A statement whether a building has been flood proofed and to what elevation. Seca 1 . Definitions. The following definitions apply only in the interpretation and enforcement of the regulations of the flood hazard overlay zones: (a) Area of shallow flooding. The land designated AD on the Flood Hazard Boundary Map where no clearly defined.channel exists and the path of flooding is unpredictable. (b) Area of special flood hazard. The land in the 100 year floodplain designated on the Flood Hazard Boundary Map as areas AO and Al -A30. (c) Base flood/100 year flood. The flood having a one per cent chance of occurrence in any given year., (d) Base flood elevation/flood protection elevation. The water surface elevation of the IN year flood, which is shown on the Flood Insurance Rate Map. (FIRM), assuming only that encroachment on the floodplain that existed when the Flood Insurance Rate Map was adopted (May 2, 1977). Additional and complete encroachment to the floodway encroachment lines will cause the water level to surcharge one (1) foot or less above the flood protection elevation as shown in Table I of the Flood Insurance Study. (e) Construction, existing. Structures for which a building permit was issued before the effective date of flood management regulations. l qa6 �].• � .._...__I1ICROFIL}IED BY_ .._.._..1 t JORM MICR+LAB S CEDAR RA NDS - DE: MOINES 2 I i a 73 (f)Construction, new. Structures for which a building permit was issued on or after the effective date of flood management regulations. (g) Equal degree of encroachment. A standard applied in determining the location of encroachment limits so that floodplain lands on both sides of a stream or river are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach. (h) Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source. (i) Flood Hazard Boundary Map (FHBM). An official map of the City, issued by the Federal Insurance Administrator, where the boundaries of the flood areas having special hazards have been designated as areas AO and Al -A30. (j) Flood Insurance Rate Map (FIRM). An official map of .the City on which the Federal Insurance Administrator has delineated both the special hazard.areas and the risk premium zones applicable to the City. (k) Flood management regulations. Subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading or erosion control ordinances) and other regulations which provide standards for the purpose of flood damage prevention and reduction. (1) Floodplain or flood -prone area. Any land area susceptible to being inundated by water from any source. (m) Floodplain management. The operation of an overall .program of corrective and preventive measures for reducing flood damage including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. (n) Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or elimin- ate flood damage to real and personal property. i (o) Floodway. The area located within the Floodway Overlay Zone and described'as the channel of a river or other watercourse and the adjacent land areas that must be reserved in 'order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than one (1) foot at any point. i (p) Floodway encroachment lines. The lines marking the limits of floodways on the Flood Boundary and Floodway Map. (q) Floodway fringe. The land located within the Floodplain Overlay Zone and described as the land between the floodway encroachment lines and the maximum elevation subject to inundation by the 100 year flood as defined herein. t � ... ..._ MICROFILMED BY JORM MICR+LAB ` E R CEDAR RAPIDS • DES L_ ... .. 1 74 (r) Habitable floor. Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combina- tion thereof. A floor used only for storage purposes is not a habitable floor. (s) Mean sea level. The average height of the sea for all stages of the tide. Mean sea level shall be used as the elevation datum in Iowa City for purposes of these regulations. (t) Mobile home park or subdivision, existing. Land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced before the effective date of flood management regulations. (u) Mobile home park or subdivision expansion. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of £ utilities, either final site grading or pouring of concrete pads, or the construction of streets). (v) Mobile home park or subdivision new. Land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on whichthe mobile homes are to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced on or after the effective date of flood management regulations adopted by the City. (w) Reach. A hydraulic engineering term to describe longitudinal segments of a stream or river. An example of a reach would be the segment of a stream or river between two consecutive bridge crossings. (x) Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the appraised value of the structure, either (a) before the improvement or repair is started or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. (y) Water surface elevation. The height in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplains of riverine areas. 19ab A_. �._ .... MICROFILMED BY ..._..' JORM MICR+LAB I CEDAR RAPIDS - DES MOINES I. r� W. be large enough to have steps up to the mobile home. The pilings must be reinforced if they are more than six (6) feet high and they must be placed in stable soil on l0 foot centers or less. (5) Individual building permits shall be required for the placement of any mobile home in the floodplain where water depths are one (1) foot or greater, in a 100 year flood. (6) All mobile homes placed after the effective date of these regulations in the 100 year floodplain which floods to a depth of one (1) foot or greater, shall be anchored to resist flotation, collapse or lateral movement by providing over -the - top and frame ties to ground anchors. There shall be top ties at each corner with one mid -point tie on each side of mobile homes shorter than 50 feet. Longer mobile homes shall have two ties at intermediate points on each side. There shall be frame ties at each corner with four (4) addi- tional ties on each side of mobile homes shorter than 50 feet. Longer mobile homes shall have five (5) ties on each side. All parts of the anchoring system whalI have a strength of 4,800 pounds. Additions to mobile homes shall be anchored in the same way. (7) All mobile home parks shall file an evacuation plan with the Iowa City Police Department showing alternate vehicular access and escape routes. (8) For all -land development proposals, base flood elevation data on 'the preliminary plats or plans shall be shown. (9) The City will review all proposed development in the floodplain to verify that appropriate permits have been obtained from the Iowa Natural Resources Council and to ensure compliance with section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334. (10) The City shall:. a. Require permits for all new development including struc- tures and other activities such as filling, paving and dredging in the OFP Zone, and shall require building permits according to Chapter 3 of the Uniform Building Code. b. Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall be: I �9do �_. �,.... ._..__.MICROFILMED BY____....� .. JORM MICR+LAB fCEDAR RAPIDS • DES MOINES I n I 77 1. designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure, 2. constructed with materials and utility equipment resistant to flood damage, and 3. constructed by methods and practices that minimize flood damage. C. Review subdivision proposals and ,other proposed new developments to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood -prone area, any such proposal shall be reviewed to assure that: 1. flood damage within the flood -prone area is minimized to the extent possible, 2. all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and 3. adequate drainage is provided to reduce exposure to flood hazards. d. Require within flood -prone areas: 1. new and replacement water supply systems designed to minimize or eliminate infiltration of flood waters into the systems, 2. new and replacement sanitary sewage systems to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters, and 3. on-site waste disposal systems located to avoid impairment to them or contamination from them during flooding. Sec. 1- Floodway Overlay (OFW) Zone regulations. The uses and regulations applicable to development in the Floodway Overlay Zone are as follows: (a) Uses permitted. The following uses shall be permitted in the OFW Zone to the extent that they are otherwise permitted in the underlying zone: (1) General farming, pasture, outdoor plant nurseries, horti- culture, forestry, wildlife sanctuaries, farm and other similar agricultural, wildlife and related uses. MICROFILMED. BY. DORM MICR+LAB -CEDAR RAPIDS • DES MOINES L_ i j i j 78 (2) Parking and loading areas provided they are located no closer than 30 feet to a stream or river bank. (3) Lawns, gardens, play areas, bikeways, pedestrian pathways and other similar uses. (4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses. (5) Streets, overhead utility lines, creek and storm drainage facilities, sewage or waste treatment plant outlets, water supply intake structures and other similar public or utility uses. (6) Boat docks, I ramps, piers for publicly owned structures. (7) Dams, provided they are constructed in accordance with ResourcesnCouncil s of hand otlher Federal) and State agenciic Works Department, the owa Natural es. (b) Uses permitted by special exce tp ion. The following uses may be (b) 2ted.within .the OFW Zone to the extent that they are otherwise peruresvand requir ements of pSec. In permitted in the underlying zone upon ed accordance with the standards, p page _, herein. (1) Open storage of any material or equipment. (2) Parking and loading areas located within 30 feet of a stream or river bank. (3) The reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places. (c) Uses and structures prohibited. (1) All fill, encroachments, new construction, any artificial obstruction, substantial improvements of existing structures or other, Cleve 1opment unless a special exception is granted. (2) Expansion of an existing mobile home park. (d) Requirements. . There shall be no encroachment of fill, new con- struction, substantial improvements or any other development that will' result in any increase in the 100 year flood level. Sec. 1-_ • Special exceptions. Uses listed in the Floodway Overlay Zone requiring approval of a special exception may be established only after approval by the Board of Adjustment upon compliance with the following procedures, standards and requirements: �Rdo _.. MICROFILMED. BY. __.... t JORM MICR#LAB -CEDAR RAPIDS • DES MOINES i w 79 (a) Application. Applications for special exceptions shall be filed with the Board of Adjustment for review and consideration. The applicant shall submit to the Board completed forms together with four sets of plans drawn to scale, showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel floodway and 100 year flood elevation as shown on the Flood Insurance Rate Map. When special circumstances necessitate detailed information by the Board for the evaluation of the effects of the proposed use upon flood flows, the applicant shall furnish the following additional information as is deemed necessary: (1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) A plan view showing elevations or contours of the ground; pertinent .structures, fill, or storage elevations; size, location and special arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply,sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information. (3) A profile showing the slope of the bottom of the channel. (4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improve- ments, storage of materials, water supply, and sanitary facil- ities. (5) Additional information as may be required. (b) Standards. The following standards shall apply to special exceptions: (1) Any fill -proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount placed shall not be greater than necessary to achieve the purpose demonstrated on a plan submitted by the applicant. Any fill or other materials shall be protected against erosion by rip rap, a vegetative cover or bulkheading. (2) The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal, or plant life during times of flooding is prohibited• under all conditions; however, storage of other materials or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (c) Factors. In passing on an application for a special exception, the Board shall determine the specific flood hazard at the site and shall _._ 141CROFILMED BY t JORM MICR+LAS CEDAR RAPIDS • DEC MOINES 1 i i ■ m evaluate the suitability of the proposed use in relation to the flood hazard. In addition, the Board shall consider the following factors although not limited to such factors: (1) The probability that materials may be swept onto other lands or downstream to the injury of others. (2) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the individual owner. (4) The availability of alternative locations not subject to flooding.for the proposed use. (5) The safety of access to the property in times of flood for ordinary emergency vehicles. (6) The expected heights, velocity, duration, rate of- rise and sediment transport of the floodwaters expected at the site. Sec. 1- . Non -conforming structures. (a) If any non -conforming structure is destroyed by any means, including floods, to the extent that the cost of restoration or replacement would equal or exceed 50 percent of the appraised value of the structure before the structure was damaged the following regulations shall apply: (1) If a nonconforming structure is in the floodway, the structure may be reconstructed; however, it shall not be expanded, changed,. enlarged or altered in any way which -would create an obstruction to water flow greater than that which existed before damage to the structure occurred. Upon reconstruction, the structure shall be adequately and safely floodproofed or elevated to the level of the 100 year flood as shown on Flood Insurance Rate Map. (2) If a structure is located in the floodway fringe it may be reconstructed provided it is adequately and safely flood - proofed or elevated in conformance with the requirements herein. (b) If any mobile home or mobile home park is destroyed by any means such that the cost of restoration would exceed 50% of its appraisal value prior to damage, then such mobile home or mobile home park shall not be rebuilt or replaced if it is located in the floodway. If it is located in the floodway fringe, it shall be rebuilt in conformance with the requirements herein. �_- .-....-.MICROFILHED.BY.__:-__.�. I JORM MICR#LAB t -CEDAR RPI'l OS - DES MOINES IV6 I F 81 Sec. 1-_ Variances. (a) General requirements for grantino of a variance. In all circum- stances variances may only be granted upon a determination that the variance issuance will not result in increased flood height, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with any other local laws or ordinances. Variances shall not, under any condition, be issued within the floodway if any increase in flood level during the 100 year flood would result. (b) Insurance rates. The issuance of a variance to construct a building below the 100 year flood level will result in increased premium rates for flood insurance coverage because such construction below the level of the 100 year flood increases risks to life and property. The applicant should contact his/her insurance agent for further information. (c) Approval by the Iowa Department of Water Air and Waste Management. All decisions to grant a variance shall be submitted to the Iowa Department of Water, Air and Waste Management for final approval. The decision to grant a variance shall not be binding until such approval is granted by the Iowa Department of Water, Air.and Waste Management. r------ - ...............141CROFILMED.BY. _.-..._._1 t JORM MICR�LAB t ! CEDAR RAPIDS • DC- MOINES t 9 WU Sec. 1-_. .Airport overlay zones. Sec. 1- Findings. (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 be prevented and -that this be accomplished, to the extent legally possible, by proper exercise of the police power; ' (c) The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the City may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests thprein; (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; and (e) It is highly desirable that there be no structures or natural objects or traverse ways in the clear zones and that no incompatible uses be allowed in the clear zone. sec. 1-_ Definitions. The following, definitions. only apply in the interpretation and j enforcement of the airport overlay zones. • I (a) Airport.,Jhe 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 FAR Part 77 - Subpart C of Federal Regulations as revised March 4, 1972, and which obstruct 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) ;Airport Layout Plan. A drawing in the Airport Master Plan depicting existing, and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. (e) Airport primary surface. A surface longitudinally 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 (FAR) 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. . _. •_�.' MICROFILMED BY.. ...� JORM MICR#LAB CEDAR RAPIDS - DES MOINES II i t i ME A (f) Airspace height. For, the purpose of determining the height limits in all zones set forth herein and shown on the Airport Height Zoning Map, the datum shall be mean sea level elevation unless otherwise specified. (g) Instrument runway. A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. (h) Airport Master Plan. A comprehensive plan for development of the airport over a 20 year time period. The Master Plan includes among other things, aviation activity forecasts, 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 an and adjacent to the airport. The Airport Layout Plan is a component part of the Master Plan. (i) Minimum descent altitude. The lowest altitude, 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. (j) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. (k) Minimum obstruction clearance altitude. The specified altitude in effect between radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearance requirements for the entire rute-segment and which assures acceptable navigational signal coverage within 22 miles of a VOR. (1) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. i . (m)Visual runway. A runway intended solely for the operation of aircraft using visual approach precedures with no straight -in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan or by any planning document submitted to the FAA .by competent authority. Seca 1- . Airport zones and airspace height limitations. In order to carry out the provisions of this Section, there are hereby created and established certain zones which are depicted on the Airport Height 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 limitation. The various zones are hereby established and defined as follows: (a) Horizontal Overlay (OH) Zone. (1) Defined. The land laying under a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by: 1 "'1 . MICROFILME0,3Y.. t JORM MICR#LAB CEDAR RAPIDS • DE_' MOINES i i 1 M a. Swinging arcs of 5,000 foot radii from the center of each end of the primary surface of runways 12 and 17 and connecting the adjacent arcs by lines tangent to those arcs, and b. Swinging arcs of 10,000 foot radii from the center of each end of the primary surface of runways 6, 24, 30 and 35 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 connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure shall exceed 150 feet above the j established airport elevation in the OH Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OH Zone. (b) Conical Overlay (00 Zone. (1) Defined. The land lying under.a surface extending outward and upward from the periphery of the horizontal surface at a slope` of 20 to 1 for a horizontal distance of 4,000 feet. (2) Height limitation. No structureshall penetrate the conical surface in the OC Zone, as depicted on the Airport Height Zoning Map. (3•)' Use limitation.' Sanitary -landfills shall not be permitted in the.00„Zone. (c) Approach Overlay (CA) Zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway centerline and extending outward and 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 6, 12, 17, 30 and 35. 2. 1000 feet wide for runway 24. �•,.,.. __._..MICROFILMEO,BY_. _ l JORM MIC R+LA13 1 CEDAR RAPIDS • DES MO1 NE5 h t i 7 raab 1 I 85 b. The outer edge of the approach surface is: 1. 1,500 feet for runways 12 and 17. 2. 3,500 feet for runways 6, 30 and 35. 3. 4,000 feet 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 and 35. 3. 780 feet at a slope of 20 to 1; thence level at an elevation of 687 feet MSL from 780 feet to 1326 feet; thence from 1326 feet to 10,000 feet at a slope of 34 to 1 for runway 30. (2) Height limitation. No structure shall penetrate the approach surface in the OA Zone, as depicted on the Airport Height Zoning Map. (3) Use, limitation. „Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone. (1) Defined." .The land longitudinally centered on the runway centerline or extension thereof lying under portions of the OA Zone 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 centerlihe 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 and 700. feet wide 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 point 1700 feet northeasterly on the extended runway centerline from the point of beginning. _ _ ...._.. MICROFILMED.BY_...___._' JORM MICR+LAB t -CEDAR RA•RIDS • DE: MOINES k � i W, d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone and 1010 feet wide a distance of 1700 feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is connected therewith a building designed according to the Uniform Building Code (1979 Edition) with 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 homes. (f) Residential uses. (9) .Restaurants and similar eating and dr' k' est k14 ishments. in ing (h) Sanitary landfills. (i) Schools, including nurseries, pre -kindergartens and kindergartens. (J)• Stadiums. (k) Storage of fuel or other hazardous materials. (1} Theaters., (e) Transitional Overlav l0T) 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 l from the sides of the primary surface and from the sides of the approach surfaces. (2) Height limitation. No structure shall penetrate the transitional surface in the OT Zone, as depicted on the Airport Height. Zoning Map. (3) Use limitation. Sanitary landfills shall not bepermittedin the OT Zone. ... _.. _.----- M1CRDr1LMED. BY. . JORM MICR+LA13 CEDAR RAPIDS • DES WINES p 1 9d6 RE Sec. 1-_• Use restrictions. In addition to the above restrictions on e uirements shall apply. land, the following special r (a) Any person who proposes any development of greater height than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance y the 000feet from Aviation Adminne istrst ation (FAA)oint of • nearest runway shall notify Air Traffic roposed One executed form set (four copies) of FAA Form 7the Notice of Traffic Construction or Alteration shall be sent to the Cheif, office in copy ton the, and one fIowa City AirportlKansas the FAA Commission. (Copies of FAA SForm �7460-1 may be obtained form the FAA.) (b) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the 'minimum obstruction clearance altitude or minimum enroute altitude to be increased. (c) Lihtin . (1) All lighting or illumination used in conjunction 41 th street, parking, signs or use of land and structures "tlmisleadingarranged or and operated in such a manner that it is dangerous to aircraft operating from the ;dirporIt or in the vicinity thereof. nd evel (2) The owner of any structure -over 200 feet �oaccordancelwith rou shall install on the structure lightingin nacisory .Circular with Federal Aviation Administration (FAA), 7460 and amendments.. (3) Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City to install, operate and maintain thereto 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. Sec. 1-_• Special exceptions. ort Zones (a) The height and use s elimitations exception grantedtained in the by theiBoard ofAdjustment may be modified by P special exception shall be granted unless (the "Board"). However, no such the Board. finds, based upon written reports 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 limitations of the Airport Overlay Zones, . � .. ._. MICRDEILMED.BY I t JORM MICR+LAE3 - CEDAR RAPIDS • DES MOINES , i !` M that such structure, tree, or use of land, would not obstruct either the airspace required for the flight of aircraft, or landing and take -off of aircraft at the Airport, and is otherwise not hazardous to such landing or take -off of aircraft. (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 reports 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 reports have been filed. I �I I E9 Sec. 1-_. River Corridor Overlay (ORC) Zone. (a) Findings. The Iowa River and adjacent land are valuable natural resources, essential elements in local sewer, water and recreational systems, and serve important biological and ecological functions. The river corridor also functions as the area's most significant natural amenity which plays an important role in the ongoing development of adjacent communities. The prevention and mitigation of irreversible damage to these resources and the preservation and enhancement of their natural, cultural, and historic values is in furtherance of the health, safety and general welfare of the City. ' (b) Purpose. The purpose of the River Corridor Overlay Zone is to: (1) Protect and preserve the Iowa River as a natural drainageway and source of ground and surface water;' (2) Conserve the natural resources of the corridor so that the corridor retains its value as a significant amenity to the adjacent communities; (3) Provide for compatible land uses; (4) Ensure orderly development of residential and recreational uses within the length of the corridor located in the City. (c) Intent. The intent of the River Corridor Overlay Zone is to: (1) Ensure responsible development that will result in the least possible amount of stormwater runoff and erosion along the river corridor; (2) Ensure responsible development that will not impair either the public's visual access to the river or the public's view from the river; (3) Encourage the development of a 100 foot vegetative buffer between the river bank, as defined, and new development; tation or other (4) Encouagmeansrofeerosion the scontrol e of tthat are ural ein keeping with the appropriate of this zone; (5) Encourage the preservation of overstory vegetation for erosion control and for aesthetic purposes. (d) Establishment of River Corridor Zone. The ORC Zone with its attendant regulations is hereby established as part of this Chapter. The ORC Zone shall overlay all other zones established within the boundaries as described in Subsection (e) following. (e) Zone boundaries. The ORC Zone shall apply tele a River e Corridfficeor which is delineated on the official zoning map on f the City Clerk and shall be available for inspection and copy. 4 �.._ ._.. .-...:_..MICROEILMED.BY_ JORM MIGR+LAB CEDAR RAPIDS • DE-- MOINES I I ti ■ Sec. 1--. Definitions (a) Floodwav encroachment lines. The lines marking the limits of floodways on the Flood Boundary and Floodway Map. (b) Horizontal setback. A horizontal line drawn landward from the floodway encroachment line or the river bank, as defined, which is perpendicular to the floodway encroachment line and the river bank. (c) River bank. Water level line at 13,000 cubic feet per second (cfs) outflow from the Coralville dam. Sec. 1--. ORC Zone Regulations. (a) Permitted uses. Uses permitted in the ORC Zone shall be the same as those otherwise allowed in the underlying zone subject to the requirements i of Subsection (b) of this section. In addition, commercial river recreational uses shall be permitted in underlying industrial and commercial. uses. (b) General requirements. All development shall meet the following s requirements: (1) Compliance with the Flood Plain Ordinance where applicable; (2) A thirty "(30) foot horizontal setback from the floodway encroachment line or the river bank, as defined; except that any owner/developer shall be allowed to build a pedestrian and/or bicycle path in the 30 foot 'setback area; in the event that the floodway encroachment line and the -river bank are not the same, the basis of- the setback shall be at the discretion of the owner/developer; (3) Land use capability suitable to the type of development proposed, as determined by evaluation of soils, slope and vegetation, according to the specified development limitations Of soil types published in the U.S. Department of Agriculture Soil Conservation Service's Soil Survey of Johnson Countv, Iowa, May 1980, or any subsequent amendments thereto; (4) Stormwater management in conformance with the applicable requirements of the Iowa Works; _ City Design Standards for Public (5) Erosion control in conformance with the applicable requirements of the Iowa City Design Standard for Public Works. Erosion control may be accomplished according to construct on measures in Streambank Erosion Control Methods published by the U.S. Army Corps of Engineers, except that the use of tire mats, wire fences and auto bodies is prohibited; (6) Retention or replacement of vegetation that provides bank [ stability in the floodway and/or the setback area; is I.9ao �.. MICROFILMED. BY ..._...� l JORM MICR¢LAB f CEDAR WPM • DES MOINES t i. 91 (7) Screening shall be provided in accordance with Sec. 1-_, page (Performance Standards); (8) Signs, except public signs, shall not be located within 100 feet of the floodway encroachment line unless located only where they do not impair visual access to the river and where they cannot be viewed from the river. (c) Site plan requirements. No building permit shall be issued until a site plan has been prepared and approved in accordance with the procedures of Chapter 27, Article III, Division 1 and 2, LSRD and LSNRD's and the general requirements and special provisions of this zone. (1) Exemptions. No site plan shall be required for a single-family dwelling nor for the extension, enlargement, change or alteration thereof, nor accessory structures thereto. However, upon application for a building permit, the Building Official shall require such additional information as necessary to determine compliance with the regulations of this zone. (2) Site plan contents. In addition to standard site plan require- ments of Chapter 27, Article III, the following information shall be provided on or with the site plan: a. Contours at two (2) foot intervals and a clear delineation of all streams, including intermittent streams, water bodies, and wetlands located on the site. Floodway and Fringe Overlay Zone boundaries shall also be indicated; b. Location of the 30 foot setback area; C. Existing drainage of the stormwater, including the direction, volume and at what rate stormwater is conveyed' from the site; and the areas of the site where stormwater collects and is gradually percolated into the ground or slowly released to a tributary stream or the river; d. Types and location of the soils of the site, as well as a soil report containing information on the suitability of the soils for the type, of development, as published in the U.S. Department of. Agri cul ture,,.,_Soil Conservation Service's Soil Survey of Johnson County Iowa, March 1980, or any subsequent amendments thereto. All areas proposed for grading _shall be identified by soil type, both as to soil type of the existing top soil and soil type of the new x contour. e. Location and amounts of excavated soils to be stored on site during construction; f. A description of any features, buildings or areas which are listed by the Iowa State Division of Historic Preservation; �. ,,, !•. ._..111 CROF I LNED. BY.__.._.i t JORM MICR+LAB I -CEDAR RAPIDS • DES MOINES 1 1 � I 92 g. Location, type, size and general description of existing vegetation, vegetation proposed for removal and proposed landscape materials which will be added to the site as part of the development; h. An erosion control and sedimentation plan as required by applicable provisions of the Design Standards for Public Works Improvements of Iowa City. (d) Special provisions. (1) If an owner/developer of a residentially zoned parcel, part of which is located in the ORC Zone, agrees to leave the portion in the ORC Zone undeveloped, the owner/developer shall be allowed to develop the remainder of the parcel according to OPDH regulations as specified in Sec. 1-_, page without applying for a change in zoning. .._._.J11CROFW16 BY..__:_._.'. t JORM MICR+LAB I cEOAR RAPIDS DES MOINES I i .._._.J11CROFW16 BY..__:_._.'. t JORM MICR+LAB I cEOAR RAPIDS DES MOINES I 93 Sec. 1- . Planned Development Housing Overlay (OPD -H) Zone. (a) Preliminary plan. Whenever the owner of a tract of land, composing an area of not less than two (2) acres, wishes to develop in accordance with the provisions of this section, there shall be submitted to the City Clerk six (6) copies of a preliminary plan and application for preliminary approval. The preliminary plan for the use and development of the tract of .land may show variations from requirements of the particular zone in which the tract of land is located. The application shall be accompanied by the following: (1) A location map. (2) A preliminary plan of the planned development drawn to a scale of 1" = 100', said plan to show: a. Contours at five (5) foot intervals or less. b. Approximate location of all proposed streets. C. Proposed use of the land (shown by zoning classification that would be most suitable for building type and popula- tion density in the planned'development or in any subarea thereof). d. Proposed overall population density of the planned development. e. Proposed general arrangement of the buildings. f. Location and area of proposed open space areas (either to be held in 'common or publicly, whether to be used for active recreation purposes or as only an environmental amenity). g. Sketches to indicate the general design of building types and the overall character of the development. h. A fee in an amount established by resolution shall be paid at the time the preliminary planned development plan, or any combination of preliminary plans and/or plats, is submitted to the City Clerk. (b) Preliminary approval. Procedure for preliminary approval of any planned development shall be in accordance with preliminary approval of subdivision and large scale residential developments. (c) Final plan. The final plan shall meet all of the requirements of the preliminary plan and meet the specifications of the subdivision and large scale residential development regulations where applicable. (d) Final plan of subarea. After preliminary approval of the entire' planned development is given, a final plan of a segment or subarea within the planned development may be given if: _. ... _ ._ MICRON I LMED BY. t DORM MICR+LAE3 CEDAR RAPIDS •DES MOINES 6 94 (1) The plan of the subarea meets all requirements of a final plan. (2) The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. (3) It is conclusively shown that the subarea can function as an independent development unit with adequate access, services, utilities, open space, etc. (4) The developer dedicates all public rights-of-way necessary to support the subarea. (5) A fee in an amount established by resolution shall be paid at the time the final planned development, or any combination of preliminary and final plats and/or plans, is submitted to the City Clerk. (e) General requirements. (1) Land uses. Cpmbinations of land uses including -single family, multi -family and commercial uses are permitted and variations in building setbacks and lot area requirements as called for in this Chapter may be approved for planned developments. (2) Dwelling unit density. The overall. dwelling unit density (total land area minus street right-of-way area) within the planned development may be computed• on the, basis of that permitted for the least restrictive use, depending upon the character of the development, which would be allowed under the applicable zoning classification(s). (3), Open space. Planned developments shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership,. the developer must submit,a proposed legally binding instrument setting forth the procedures to be followed in maintaining the areas and the means for financing maintenance costs. b. All proposed dedications of land for public use including that to be dedicated. for recreational use shall be approved.in writing by appropriate departments, of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (4) Ownership. At the time of final approval of a planned develop- ment by the Commission, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding executed option agreements for purchasing all of the property. Iqao �. .....MICROFILMED BY .�.j JORM MICR+LAB 4 CEDAR RAPIDS - DES MOMES 1 1 1 I I . 95 (5) Dedication of public right-of-way. All proposed dedications of land for public use including that to be dedicated for recreational use shall be approved in writing by appropriate departments of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (6) Streets. Planned developments shall make provision for continuation and extension of arterial and collector streets and shall be done in accordance with current city standards. (7) Schedule of completion. A developer or sponsor of a planned development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time schedule for the completion of various phases. (f) Report of the Planning and Zoning Commission. Upon completion of review of the proposed planned development, the Commission shall prepare a written report to the City Council to substantiate their stated recommendation. This report shall deal with the following: That the variances in setback, lot area requirement, building heights,building types, sizes of buildings, and the combination of land uses will be in the public interest, in harmony with the purpose of this Chapter and other building regulations of the city and will not adversely affect nearby properties; and that the parking requirements of this Chapter otherwise prevailing in the zone have not'been reduced. (g) Final approval. After the recommendations of the Commission have been filed or if the Commission -does not report back in 45 days, the Council shall, before giving final 'approval to any planned development, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first* be published in a'newspaper have a'general circulation in Iowa City. If the Commission recommends against the planned development plan, such plan shall' not be 'approved by the Council nor become effective except by a favorable vote of three-fourths (3/4) of the members of the Council. After proper approval of the plan, permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this Chapter. (h) Building permits. The final plan or parts thereof as finally approved by the Council shall be'filed with the Building Official's office and all. building construction permits shall be issued on the basis of conformance with the plan. Minor changes in building arrangements that do not substantially alter the character of the development are allowable. Any other changes, including changes in street locations, land use and building arrangements, shall be considered as amendments to the approved final plan and must be considered and acted upon by the Commission and the Council prior to issuing building permits related to such changes. In the event commercial uses are approved as a part of a planned develop- ment, a building permit for the commercial uses shall not be issued until MICROFllMEO OY _._.. i I JORM MICR+LAB !� CEDAR RAPIDS • DES MOINES i .I J a minimum of 25% of the housing units planned for the area (or approved subarea) have been completed or will be built simultaneously. Separate building permits shall be obtained by the developers for the construction of housing and commercial uses where separate buildings are to be used. i l ....,.'. ..-....MICROFILI1E4,BY---- --- �... JORM M CR�LAS t - •CEDAR. RI�VI DS • DES MOINES tj 1. h I u ....,.'. ..-....MICROFILI1E4,BY---- --- �... JORM M CR�LAS t - •CEDAR. RI�VI DS • DES MOINES tj 1. h I u I 97 Sec. 1- . Historic Preservation Overlay (OHP) Zane. Sec. 1- . General. (a) Purpose. The purpose of the OHP Zane is to: (1) Promote the educational, cultural, economic and general welfare of the public through the protection, .enhancement, and perpetuation of districts of historic and cultural significance located in the City of Iowa City. (2) Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural significance. (3) Stabilize and improve property values by conservation of historic properties. (4) Foster civic pride in the legacy of beauty and achievements of the past. (5) Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. (6) Strengthen the economy of the City, and (7) Promote the use of districts of historic and cultural significance as sites. for the education, pleasure and welfare of the people of the City. Sec. 1-_. Definitions: The following definitions apply only in the interpretation and enforcement of the OHP Zone and in no other zone. - (a) Applicant. The party making application for a Certificate of Appropriateness 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 which must be obtained before a Regulated Permit may be issued. (d) Chance in appearance. Any change or alteration of the exterior features of a' building or change or alteration of the appearance of a property within a 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 MICROFILMED BY , JORM MICR+LAB -CEDAR RAPIDS • DE-- MOINES i l M. 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. (e) 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 building, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. (f) Commission. The Iowa City Historic Preservation Commission as established by Ordinance No. 82-3098. (g) 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. (h) d mit. A permit issued by the Building Official, or other official ofRegulateper the City of Iowa City according, to the provisions of 1) Building Code, 2) Sign Regulations, 3) House Movers Ordinance, or 4) Fire Code. Sec. 1-_. Applications for Certificates of Appropriateness. (a). No individual or corporation shall undertake a change in appearance of a building or site within an OHP Zone for which a regulated permit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a building .onsite, unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. 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. (b) Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photographs, sketches and other exhibits portraying the work to be accomplished which will aid the Historic Preservation Commission in the consideration of the application. (c) 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. (d) 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 application according to the duties and powers specified herein. In reviewing the application the Commission may confer with the applicant or the applicant's authorized representative. In acting upon an application the Em ..._....MICROFILMEO.BY. l __..._It JORM MICR+LAB l I E CEDAR RAPIDS • DEC MOINES I � A M 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 Rehabilitation." (e) 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 Certificate of Appropriateness will be issued, signed by the Chairperson, 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. (f) 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 followed 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 all the powers of the Commission from whom the appeal is taken. (g) 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. (h) 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 7� ,�., .... . MICRVILh1E0 BY ' i JORM MICR+LAB I CEDAR RAPIDS • DE: MOINES I, 100 at variance with that authorized by the Certificate shall be deemed a violation of these regulations and shall be punishable as provided in Section X of this ordinance. Sec. 1-_. Remedy of Dangerous Conditions. I (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 within a historic district by directing changes or alterations of such building for remedying conditions. determined to be dangerous to life, health or property. (b) The Commission shall have the power to require that changes of 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 features. Such plan shall be approved by the Commission, and shall be signed by the Chairman 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 i agency or department, and the property owner cannot be reached within 30 days or a period of time acceptable to the city agency or department, the agency or department shall proceed to issue and enforce its proposed order. .,".. ..MICROFILMED.BY... ` JORM MICR+LAB 1 i CEDAR R4! Ds • DES M01N I 1 I )( L...:.. __._. .. 101 DIVISION . ADDITIONAL REGULATIONS Sec. 1- . Use and requirements. The following principal uses are listed as provisional uses or special exceptions in various zones in this Chapter. These uses are required to meet the regulations indicated, in addition to the regulations of the zone in which the uses are allowed, only when this Division is referred to in the requirements for each use. In case of any conflict between the regulations of the zone in which the use is allowed as a provisional use or special exception and the additional regulations of this Division, the most restrictive regulations shall govern. (a) Airports, heliports and helistops. (1) The area shall be sufficient to meet the Federal Aviation Agency's requirements for the class of airport proposed. (2) No existing tall structures or natural obstructions outside the proposed airport, which would protrude above the approach zones established for the proposed runways or landing strips, shall be permitted to remain. (3) Certification shall be obtained from the Federal Aeronautics Administration that airport traffic will not interfere with the flight pattern of the Iowa City Airport or any other nearby airport. (b) Cemeteries and mausoleums. (1) Area. Any new cemetery shall be located on a site containing not less than 20 acres. (2) Setback. All .structures including but not limited to a mausoleum, permanent monuments or maintenance building shall be set back not less than 30 feet from any property line or street right-of-way line and all graves or burial lots shall be set back not less than 10 feet from any property line or street right-of-way. (c) Child care facilities. The following requirements shall apply when more than six (6) children are to be cared for for more than two (2) hours at a time. (1) A fenced outdoor play area of not less than 100 square feet per child using the area at any given time shall be provided. (2) No playground equipment shall be permitted in the front or side yards. (3) Fenced play areas shall be enclosed or protected, well drained, free from hazards, and shall be readily accessible to the center. �... .�. ....... .MICROFILMED .DY. t JORM MICR+LAB 1 CEDAR RAPIDS • DES MOINES ( I 1. 1 _ I .. r..... _.MICRDFILMED SY t JORM MICR+LAES } - CEDAR R41DS • DES MOINES �t !3 I 1{ 1 f 102 (4) The center shall be provided with at least 35 square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms, and halls. (5) In addition to the requirements above, the facility's operation and maintenance shall meet all applicable state requirements. (d) Clubs. (1) Clubs shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on•street pavements wider than 28 feet. (2) Dimensional requirements. a. Minimum lot area: 40,000 square feet. i b. Minimum yards: 1. Front yard - 30 feet 2. Side yard - 30 feet 3. Rear yard - 50 feet 4 4. Parking - not closer than 20 feet to a side or rear I lot line. C. Building bulk: I 1. The maximum permitted floor area ratio shall be 0.3. R f I 2. The maximum permitted building coverage shall be 15%. i. (e) Drive-in theaters. I I (1) The site shall have direct access to a primary or secondary i - arterial street as identified on the Comprehensive Plan Map. (2) The viewing side of the theater screen shall not be visible from within 1000 feet of any existing or proposed public street. (3) Cars parked in the viewing area shall be screened on all sides by a solid wall or fence not less than six (6) feet in height. (4) All entrances and exits shall be separated and internal circulation shall be laid out to provide one-way traffic. i (5) Sale of refreshments shall be limited to patrons of the theater. (6) No central loudspeakers shall be permitted. i (7) Amusement areas shall be lilhited to patrons of the theater. (f) Dwellings, zero lot line and townhouses. (1) Where the abutting lot has been developed with a principle building having a setback of more than zero feet but less than lq o _ I .. r..... _.MICRDFILMED SY t JORM MICR+LAES } - CEDAR R41DS • DES MOINES �t !3 I 1{ 103 10 feet from the side lot line in common, the zero lot line dwelling shall be located such that there is a minimum of 10 feet between unattached buildings. An easement from the abutting lot owner shall be secured prior to the issuance of a building permit to ensure that a zero or 10 foot separation is retained. (2) No portion of a wall, roof, or appurtenance on the zero side yard shall project over the lot line. Openings in the wall shall be prohibited. (3) Legal provision shall be made for permanent access for the maintenance of the exterior portion of the proposed building wall located upon the lot line and for other common elements such as aisles. A permanent ten foot maintenance easement to provide such access shall be secured prior to issuance of a building permit. (4) Each end unit of a townhouse shall have one (1) side yard of a minimum of 10 feet. (5) Each dwelling unit shall be provided with separate building access and with separate utility service from the street or rear lot line. (g) Elderly housing. (1) Elderly housing shall be located within 600 feet of a public transit system with regular routes. (2) Dimensional requirements: a. Minimum lot area per unit: 300 square feet. b. Minimum yards: ,none. C. Minimum separation. Two (2) or more separate buildings on ,the same lot shall be separated by a minimum horizontal distance equal to one of the following: 1. The height of the highest building; or 2. Eight (8) feet plus two (2) feet for each additional story.above.the second story, provided that no window of a dwelling unit is located on a side next to an adjacent ,building below the height of the adjacent building; or 3. Two (2) times the height of the adjacent building above the window sill of any window of a dwelling unit located on the side next to the adjacent building. (See figure below). The distance shall in no case be less than eight (8) feet plus two (2) feet for each story above the second story. The above conditions S __. All" ._..__._MICROFIUIED.BY.. _.._.,.� JORM MICR+LAS -CEDAR RAPIDS • DES MOINES I )f i .I i a 104 1, 2 or 3 shall apply to a building for elderly housing and a building on an abutting lot. (h)• Extraction. (1) Approval for the withdrawal of water, if required, shall be obtained from the Department of Environmental Quality. w (2) Approval for operation in a floodplain shall be obtained from t the Department of Environmental Quality. (3) A license to operate from the -Iowa Department of Soil Conservation - Division of Mines and Minerals shall be obtained. Failure to maintain said license shall constitute abandonment. (4) Extraction shall not occur within 1000 feet of an R zone. (5) Extraction shall not occur within 100 feet of'abutting property or a street. (6) Compliance with all other applicable state regulations shall be r met. (i) Funeral homes. (1) Funeral homes shall be located with access to a secondary or primary arterial street as identified on the Comprehensive Plan Map (2) The site shall have a minimum frontage of 120 feet and a minimum lot area of 40,000 square feet. (J) Junk yards (1) No operation shall be permitted closer than 1000 feet from any established R zone. (2) All outdoor storage shall be conducted entirely within an enclosed fence, walI,.or other solid screen except for driveway areas. Such solid screen shall be constructed on or inside the _..MICROFILMED.RY...._:_.....I. .. JORM. MICR+LAB -CEDAR RRRIDS < DES MOINES 1 1.-._. _.._ �Aao G: 105 front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street, or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled higher than the height of the fence, nor against the fence. (3) For fire protection, an unobstructed firebreak shall be maintained, 15 feet in width and completely surrounding the 'junk yard. (4) The storage of rags, paper, and similar combustible waste shall not be closer than 100 feet to any property line, unless enclosed in a masonry building of not less than four-hour fire resistive construction. Kennels yard shall be al ctad within 400 establishments. eet of any dwelling ng kennel aanimalrea or notlocated. on the premises. - ' (1) Nursing homes. (1) Nursing.homes shall be located with access to arterial streets - as identified on the Comprehensive Plan Map or on street pavements wider than 28 'feet: (2) Dimensional requirements: a. Minimum lot area: 600 square feet of lot area per each bed. b. Minimum yards: 1. Front yard - 40 feet 2. Side yard - 30 feet 3. Rear yard - 25 feet c: The maximum permitted building coverage shall be 40%_ (m) Religious institutions. (1) Religious institutions shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements. a. Minimum lot area: 40,000 square feet. b. Minimum yards. Two feet of horizontal distance shall be provided for each foot of building height measured between .._, _141CROFIWED DY. _._.1- 1 .. JORM MICR+LAB -CEDAR RAPIDS • DES MOINES I � _I I 106 the nearest point of any lot line and the nearest point from which the height is measured. (n) Stables. Such structures shall be.located at least 1000 feet from any R zone boundary. .R.. Z'a _•� 9 .__ __.._...MICROFILMED BY..._ ..�. _.. E. MICR+LAB CEDAR RIFRIDS • DES MOINES I 107 ARTICLE III. ACCESSORY USES AND REQUIREMENTS. Sec. 1- Permitted accessory uses and buildings. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a permitted use, provisional use or special exception shall be permitted provided they are operated and maintained under the same ownership, located on the same lot (except as otherwise provided), do not include structures or structural features inconsistent with the uses to which they are accessory, and conform to the specific requirements contained herein. The accessory uses, buildings or other structures permitted in each zone may include the following: (a) In the AG Zone. (1) Fences as regulated by Sec. 1-_, page _. •(2) Private garages. (3) Private greenhouses or conservatories. (4) Structures for the shelter of household pets except kennels. (5) Home occupations. (6) Communication towers amd satellite receiving devices provided their distance from an R zone is at least equal to the height of the tower. (7) Gazebos, enclosed patios and similar buildings for recreational use. (8) Roadside stands for the sale bf*produce grown on the premises provided that such a stand shall not contain more than 600 square feet of floor area, the stand is located not less than 20 feet from a street, and access to the stand is from an entrance to the farm or residence. (9) Private recreational uses and facilities including but not limited to swimming pools and tennis courts. (10) Signs as regulated by Sec. 1-_, page _. (11) Off-street parking as regulated by Sec. 1-_, page _. (b) In the RR -1, RS -5. RS -8 and RMH Zones. (1) Fences as regulated by Sec. 1-_, page _. (2) Private garages. 4 JORM MICR¢LAB ._ ...._._, MICROFILM' BY .......1 -CEDAR RfA IDS • DES MOINES 1 III 1 IIm (3) Private greenhouses or conservatories. (4) Structures for the shelter of household pets except kennels. (5) Horses and ponies and structures for the shelter of horses and ponies, except commercial stables, shall be permitted in the RR -1 zone but not in the RS -5, RS -8 and RMH zones. The minimum lot area provided shall be two (2) acres for the first horse or pony plus one (1) acre for each additional horse or pony. (6) Home occupations provided that no home occupation shall be permitted in which there is associated therewith: a. Any commodity sold upon the premises except that which is produced thereon or is accessory to the home occupation conducted on the premises. b. Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building. C. Any exterior display, exterior storage of materials, signs (except as otherwise permitted), house calls after 9:00 p.m. or before. 8:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes. d. Employees other than those residing on the premises. (7) Communication- towers and satellite receiving devices provided they shall not be located in the area between the street and principle building nor within the (required) side yard. (8) Off-street parking as regulated by Sec. 1-_, page _. (9) Gazebos, enclosed patios and similar buildings for passive recreational use. (10), Private recreational usesand facilities including but not limited to swimming pools'and tennis courts. (11) Signs as regulated by Sec. 1-_, page (12) Storage building for the storage of wood, lumber, gardening equipment and other materials and equipment exclusively for the use of the residents of the premises but not including a storage building for commercial purposes and provided that only one such building shall be permitted on a lot. (c) In the RM -12, RS -12, RNC -20, RM -20, RM -44, and RM -145 Zones. In addition to the accessory; uses included in subsection (b), storage buildings and off-street loading shall be permitted. .._...._ 141CROFILMEO BY JORM MICR+LAB 6EOAR 1111DS • DE" MOINES 1 4 ■ 109 (d) In the C zones. (1)' For residential uses, the accessory uses included in subsection (c) shall be permitted. (2) For commercial uses there may be any accessory use provided that: a. Except in the CI -1 Zone, the floor area for storage and warehousing shall not exceed 40 percent of the total floor area, b. Fences are erected according to Sec. 1-_, page _. C. Off-street parking and loading are provided according to Sec. 1-_, page _. d. Signs are erected according to Sec. 1-_, page _. e. A communication tower's distance from an R zone shall be at least equal to the height of the tower. (e)` Im the ORP and =I zones. There may be any: accessory use including but not limited to printing, publishing, design, development, fabrication;assemblage, storage and warehousing, and child care facilities provided that: (1) Fences are erected according to Sec. 1-_, page _. (2) Off-street parking and loading are provided according to Sec. page _• (3) Signs are erected according to Sec. 1-_, page _. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. Sec. l- Accessory use and building regulations. (a) Detached accessory uses and buildings. In all zones, except as otherwise provided, detached accessory uses and buildings shall be subject to the following requirements: (1) Time of construction. No accessory building shall be con- structed prior to the start of construction of the principal building.- (2) uilding._(2) Setback from property lines. Except'as otherwise provided, an accessory building shall be separated from lot lines in compliance with the following requirements: a. Accessorybuildings, except for roadside stands, ,shall not be located in a front yard and garages and carports shall be located to provide a minimum 20 foot length "aisle" between the building and the street right-of-way line. a -_.__..MICROFIWED. BY- t JORM MICR+LAB t - CEDAR RAPIDS • DES I401NES E I t6:, 4 110 b. In R zones an accessory building shall not be located closer than five (5) feet to a side lot line or a rear lot line; however, an accessory building may be located to within three (3) feet of a side or rear lot line if it is located at least 60 feet from the street. In an ORP Zone, an accessory building shall not be located in a side or rear yard. An accessory building for a zero lot line dwelling shall comply with the above requirements and shall not be located in the required 10 foot side yard. C. Setback from alley. When a garage or carport is entered directly from an alley, it shall not be located closer than 10 feet from the alley right-of-way line. (3) Setback from principal building. No portion of an accessory building shall be located closer than six (6) feet to the principal building. (4). Maximum rear yard coverage. In R zones, accessory buildings shall not occupy more than 15 percent of the rear yard area. (5) Maximum height. Accessory buildings and structures shall not exceed a height of 15 feet in R zones nor the maximum height permitted for a principal building in other zones. (b) Attached accessory buildings. Attached accessory buildings shall be located pursuant to the requirements for principal buildings. Attached garages and carports shall be'located on a lot such that a minimum 20 foot "'length "aisle":, between the building and the street right-of-way line is provided. _.._....MICROFILMED.Br_._.___..�. DORM MICR+I-. ' •CEDAR RAPIDS • DES MOINES 1, I )j I 19 RD 111 Sec. 1-_. Off-street parking requirements. When required, off-street parking and stacking spaces, aisles and drives shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street parkinq spaces. In all zones, except in the CB to zone unless specifically required, there shall be provided prior to the occupation of a building or commencement of a principal use a minimum number of off-street parking and stacking spaces as follows: Principal Use Zone Number_ ofSpaces (1) Residential uses. a. Family care facility b. Hotels and motels C. Mobile and modular homes. d. Multifamily dwellings Where permitted Four (4) parking spaces, r I. Where permitted One and a quarter (1h) parking except CB -10 spaces for each guest unit. 2. CB -10? Parking spaces shall be furnished by, providing spaces.within a publicly owned parking facility located within 300 feet Of thehotel:.or motel, as specified.by a written agreement between the owner -of the hotel and the owner of the parking. facility; or one and one- quarter (1;) parking spaces for each guest unit on the same lot as the use served or within 300 feet. I RMH Two (2) parking spaces - for each home. 1. Where permitted According to the following ' except high- table: rises in the RM -145 zone. Floor area Parking spaces s ft.perPer dwer ++I UP to 800 1.5 I 800-1000 2.0 1000+ 3.0 2. High-rises in Three-quarter (3/4) the RM -145 space for each dwelling ••...._.... MICROFILMED.BY._.... ...... I i 1 �t JORM MICR+LAB t -CEDAR RA�105 • DES MoIIIES 1 H e. Multi -family dwellings (elderly housing) f. Rooming houses, apartment hotels, fraternity and sorority houses. 112 zone. unit. 1. Where permitted One (1) parking space for except CB -10 each dwelling unit. 2. CB -10 One (1) parking space for each four (4) dwelling units. Where permitted One (1) parking space for each 200 square feet of floor area. g• Single family dwellings, Where permitted duplexes and townhouse units. (2) commercial uses. a. . Automobile laundries (car.washes). b. Automobile gasoline and service stations. C. Automotive repair garages Where permitted Where permitted Where permitted 141CROFILME6.BY_ JORM MICR+LAB 1 -CEDAR RSP IDS • DES MOINES I, i )j Two (2) parking spaces for each dwelling unit. Stacking spaces equal in number to five (5) times i the maximum capacity of the j automobile laundry for each wash rack (bayor tunnel) or three (3) times the maximum capacity for a coin operated laundry for each wash rack; in addition, one (1) parking space.for ; each :two .(2) wash racks. ! Maximum capacity, in this i instance, shall mean the t greatest number.of automobiles undergoing some phase of laundering at the same time. One (1) stacking space for each island of pumps and each service stall - plus one (1) parking space for each four (4) pumps and service stall. Parking spaces shall be.provided in lieu of stacking spaces in instances' where egress from a facility would require a: motor vehicle waiting for entry to be moved. i One (1) parking space for each 300 square feet of -0! d. Banks, savings and loan institutions, and credit unions. e. Funeral homes. f. Furniture, major appliance, and floor _ covering stores and"repair shops. g.. Grocery stores and supermarkets. h. Laundry, and dry cleaning establish- ments (coin operated). . i. Laundry and dry Where permitted cleaning establish- ments and.collection stations. J. Machinery sales. k. Motor vehicle sales and rentals. 1. Offices. 113 Where permitted One (1) parking space for each 500 square feet of floor area. 1. Where permitted One (1) parking.space for except CB -2. each 200 square feet of floor area. 2. CB -2. One (1) parking space for each 300 square feet .fir----------------.-_.. -_-- _...._,.MICROFILMED .-BY. ....: t JORM MICR+LA6 1 2 - CEDAR RAPIDS • DES MOINES I floor area. Where permitted One (1) parking space for each 200 sq. ft. of floor area. Drive-in establishments shall, in addition, provide six (6) stacking spaces per external teller or customer service window . designed for drive-in service but need not 1 exceed 18 total spaces. { Where permitted Parking spaces equal in number to one-half (h) the occupant load in the chapel. f i Where permitted One (1) parking space for each 500 square feet of floor area. ermitted WhereP1 One ( ) parking space for each 180 square feet of ! floor area. Where permitted One1 ( ) parking space for each two (2) laundry and/or dry cleaning machines. i Where permitted One (1) parking space for each 300 square feet of floor area. Where permitted One (1) parking space for each 800 square feet of floor area. Where permitted One (1) parking space for each 500 square feet of floor area. 1. Where permitted One (1) parking.space for except CB -2. each 200 square feet of floor area. 2. CB -2. One (1) parking space for each 300 square feet .fir----------------.-_.. -_-- _...._,.MICROFILMED .-BY. ....: t JORM MICR+LA6 1 2 - CEDAR RAPIDS • DES MOINES I i M. Clinics. n. Personal service businesses - beauty parlors, barber shops. o. Personal service businesses (other than listed); p. Rental agencies - equipment and supplies q. Restaurants and establishments dispensing food or beverage for consumption on the premises." r. Restaurants - drive-in or carry out. S. Retail stores and shops (other than listed). t: Studios and stations - radio and televion. (3) Industrialuses. a. Contractor and construction estab- lishments and yards. N 114 r-� of floor area. Where permitted Two (2) parking spaces for i i I i each office, examining M. Clinics. n. Personal service businesses - beauty parlors, barber shops. o. Personal service businesses (other than listed); p. Rental agencies - equipment and supplies q. Restaurants and establishments dispensing food or beverage for consumption on the premises." r. Restaurants - drive-in or carry out. S. Retail stores and shops (other than listed). t: Studios and stations - radio and televion. (3) Industrialuses. a. Contractor and construction estab- lishments and yards. N 114 r-� of floor area. Where permitted Two (2) parking spaces for Where permitted Where permitted Where permitted _.......:._:_..M16ROrILME6.BY..___..__'. . t JORM MIC R#LAB -CEDAR RAPIDS • DE' MOIRES I One (1) parking spate for each 200 sq. ft. of retail floor area. One (1) parking space for each 400 sq.. ft. of floor area. The sum total of parking spaces shall be determined on the basis of the parking spaces required for uses individually such as office• area and warehouse space. i I I each office, examining room and treatment room provided; however, there shall not be less than five (5) spaces. Where permitted Two (2) parking spaces for each barber or beauty parlor chair. Where permitted One (1) parking space for each 150 square feet of floor area. Where permitted One (1) space for each 500 square feet of, interior and exterior storage area ` for rental supplies and ,equipment.. I Where permitted One (1) parking space for each 150 sq. ft. of floor area, or.parking spaces equal in number to one-third (1/3) the occupant load of the seating area, whichever is.less: Where permitted One'(1) parking space for i each 50 sq. ft. of floor area, but not less than 5 spaces. Where permitted Where permitted Where permitted _.......:._:_..M16ROrILME6.BY..___..__'. . t JORM MIC R#LAB -CEDAR RAPIDS • DE' MOIRES I One (1) parking spate for each 200 sq. ft. of retail floor area. One (1) parking space for each 400 sq.. ft. of floor area. The sum total of parking spaces shall be determined on the basis of the parking spaces required for uses individually such as office• area and warehouse space. i I I b. Junk yards 115 Where permitted C. Laboratories - Where permitted research, develop- ment and testing. d. Manufacturing or Where permitted establishments engaged in production, processing, packing and crating, cleaning, servicing, or repair of materials, goods, or.,products. e." Mot or.and.railroad Where permitted freight terminals - cartage, express and parcel delivery. f. Printing and pub- Where permitted lishing establish- ..ments. g. Warehouses Where permitted for non -wholesale establishments. h. Wholesale estab- lishments includ- ing warehousing. (4) Institutional uses. a. Civic,,cultural and historical institutions. The sum total of parking spaces shall be determined on the basis of the park- ing spaces required for uses individually such as office area and garage space. One (1) space for each 600 ' sq. ft. of floor area. i One (1) parking space for each 600 sq. ft. of floor area. I One (1) parking space for each 800 sq. ft. of floor' area. One (1) parking space for each 300; sq. ft. of floor area. According to the following table: Square feet Number of of gross floor area parking spaces' 5,000 to 25,000 5 25,000.to 50,000 1`additional for each 5,000 square feet Where permitted One (1) parking space for each 500 square feet of floor area. I Where permitted One (1) parking space for except CB -2 each 800 sq. ft. of floor area used or intended to -....MILROFILMEO.BY�__..._� 't IJORM MICR+LAB f -CEDAR RAPIDS • DES MOINES )f I b. Homes - children's, aged, convalescent, rest and nursing homes and group care facilities. C. Hospitals, including sanitariums and asylums. d. Schools - elemen- tary and junior high (private). e. Schools - senior - high,,trade schools and colleges (private). f.:, Schools - daycare center/preschool 116 Where permitted Where permitted Where permitted Where permitted Where permitted (5) "'Places of assembly, worship,' recreation, entertainment and amusement. A. Bowling alleys, Where permitted b. Clubs and lodges. c. Establishments or enterprises of a recreational or an Where permitted { ..-.._...._.MICROEILMED_BY.._ t - JORM MICR+LAB •CEDAR RAPIDS • DE^ MOINES I be used by the public. For group care facilities and children's homes, one (1) parking space for each staff member determined by the maximum number of staff present at any one time and one (1) parking space for every two (2) occupants. For other uses, one (1) parking space for each three (3) beds. One and three quarters (1 3/4) parking spaces for each hospital bed. Three (3) parking spaces for each classroom. 10 parking spaces for each classroom. One (1) parking space, which may be located on a regularly constructed aisle, for each six (6) children. Four (4) parking spaces for each alley. Parking spaces equal in number to one-third (173) of the occupant •load 'of the lodge or meeting room or the largest room in the building, whichever is greater. I I 1. 1 i j b. Homes - children's, aged, convalescent, rest and nursing homes and group care facilities. C. Hospitals, including sanitariums and asylums. d. Schools - elemen- tary and junior high (private). e. Schools - senior - high,,trade schools and colleges (private). f.:, Schools - daycare center/preschool 116 Where permitted Where permitted Where permitted Where permitted Where permitted (5) "'Places of assembly, worship,' recreation, entertainment and amusement. A. Bowling alleys, Where permitted b. Clubs and lodges. c. Establishments or enterprises of a recreational or an Where permitted { ..-.._...._.MICROEILMED_BY.._ t - JORM MICR+LAB •CEDAR RAPIDS • DE^ MOINES I be used by the public. For group care facilities and children's homes, one (1) parking space for each staff member determined by the maximum number of staff present at any one time and one (1) parking space for every two (2) occupants. For other uses, one (1) parking space for each three (3) beds. One and three quarters (1 3/4) parking spaces for each hospital bed. Three (3) parking spaces for each classroom. 10 parking spaces for each classroom. One (1) parking space, which may be located on a regularly constructed aisle, for each six (6) children. Four (4) parking spaces for each alley. Parking spaces equal in number to one-third (173) of the occupant •load 'of the lodge or meeting room or the largest room in the building, whichever is greater. I N 117 �... .�. .__._.... .MICROFILMED .BY. ` JORM MICR+LAB 2}t} -CEDAR RAPIDS • DES MDINES I z JJ� entertainment nature i (for uses not otherwise i listed): j 1. Spectator type - Where permitted auditoriums, Parking spaces equal in sports arenas, number to one-fourth (1/4) the theaters, stadiums, occupant load of the seating area. and meeting halls. 2. Participating Where permitted type - skating Parking spaces equal in rinks, dance number to two-thirds (2/3) halls, tennis the occupant load of the courts, swimming pools, archery area used for the participatory sport or ranges, gynmasiums, activity. pool halls. d. Golf course. Where permitted Three 3 ( ) parking spaces for each green (hole). e. - Golf driving Where permitted range. 1 One11 ( ):'Parking space for each tee, if pro- vided, -or one (1) parking space for each 20 feet -of range width (along ,the sees). f. - . Libraries, museums Where permitted and art galleries. One 1 ( )parking space for each 300 sq..ft. of floor area. 9• Religious institu- Where permitted.' tions. Parking spaces equal in' number.to one-sixth (1/6) the occupant load.in main auditorium or the largest room..in the building, . whichever is greater. (6) Other uses. For uses not listed, parking spaces the same basis as required for shall be provided on the most determined by the Building Official. similar listed use as (b) rules General rules applicable to off-street parking. The following shall govern to the design, location and number of off-street parking and stacking spaces, aisles and drives. (1) Where a fractional space results, the required is the closest number of parking spaces whole number. (2) Whenever a building existing prior to the effective date of this Chapter is enlarged to the extent of less than 50 percent in floor area, the addition or enlargement shall comply with the parking requirements set forth herein. �... .�. .__._.... .MICROFILMED .BY. ` JORM MICR+LAB 2}t} -CEDAR RAPIDS • DES MDINES I z JJ� a i l' i 'j i j a 118 (3) Whenever a building existing prior to the effective date of this Chapter is structurally altered by one or more additions, the sum total of which increases the floor area to the extent of 50 percent or more, the original building and all structural alterations shall thereafter comply with the parking requirements -set forth herein. (4) Whenever a use existing prior to the effective date of this Chapter is converted to another use, the use shall thereafter comply with the parking requirements set forth herein. (5) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. (6) The storage of merchandise, materials,equipment, obsolete or junk vehicles, or the major repair of vehicles is prohibited in required off-street parking spaces. (c) Construction design and location requirements. (1) Construction. All parking and stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dust free surface. , (2) Design. Parking and stacking spaces, aisles and drives shall be designed as follows: a. Parking areas shall have the minimum dimensions illustrated in Figure 1 for each of the parking configurations permitted (where the edges of parkin spaces are curved, as on a curved -aisle, all angles shall be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection). b. Up to one-third (1/3) of the required number of parking spaces may be eight (8) feet in width by 15 feet in length if the parking spaces are signed "Compact Vehicles Only." C. All parking spaces shall be connected to an aisle which shall have a minimum width as indicated in Figure 1. Aisles designed for two-way traffic shall have a minimum width of 22 feet. d. The greatest .aisle width shown in Figure 1 shall be provided when combining different parking space configura- tions on the same aisle. e. Except for single family dwellings, duplexes and townhouse units, parking spaces shall be designed to permit ingress and, egress of the vehicle without moving any other vehicle occupying a parking space. For single-family dwellings, duplexes and townhouse units, when located pursuant to the 11! ti DY. t JORM MICR#LAB ` CEDAR RAPIDS • DES MOINES i I 11! 119 requirements of this Chapter, one space may be behind another. f. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street. No g shalabe designed in suchra manner that exiting the parking area would require backing into an alley. 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. i• All parking spaces, stacking spaces, drives and aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water from such areas onto streets and alleys which do not have adequate drainage facilities as determined by the City Engineer. j• •In all parking areas required by this Chapter, parking spacesshall be visably delineated on the surface by Painted or marked stripes. k. If two or more parking 'areas on a lot are connected by a drive, the parking areas shall be 'designed such that an aisle connected to more than 12 parking spaces is not used as a drive in providing access to 'another parking area. (3) Location. Parking spaces, follows. aisles and drives shall be located as a. General. 1. 2. 3 4. Off-street parking and stacking spaces, aisles and drives shall be located on the same lot as the use served except as provided in subsection (d). In all R zones, except for zero lot line dwellings, and in all other zones abutting an R zone, drives and aisles shall not be located closer than three (3) feet to a lot line or an'R zone boundary unless Pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines for the Purpose of storm water runoff. Parking areas in a C or 'I zone shall not be located closer than five (5) feet to an R zone. No parking space shall be located closer than five (5) feet to a ground floor doorway or a window of a Principal building. __ 1.,,.._. _...._.. MICROEILNED.BY.. JORM MICR+LAB j4 CEDAR WPM + DES MOINES I ■.: "1 120 b. Front yard. 1. Except as provided below, in R zones and in the C and I zones within 50 feet of an R zone, no parking shall be permitted in the front yard. 2. For detached single family dwellings sin the aces Rm ones, one (1) of the required parking p be provided in the front yard on a regularly constructed aisle provided that not less than 50 percent of the front yard area shall remain in open space free of impervious surface. 3. For zero lot line tdwellings, of theduplexes, requiredand parking care facilities, spaces may be provided in the front yard on a regularly constructed aisle provided that not less than 50 percent of the front yard area shall remain in open space free of impervious surface. 4. In the ORP Zone, only 10 percent of the required number of parking spaces, may be located in the front _ yard not closer than 50 feet to a street. r in 5. Where the paved surface of a street is narrowe ' width than 28 feet, four (4) of the parking spaces required by Chapter 32 (Subdivision Regulations) may be located in the front yard on a regularly constructed aisle. dwellings or C. Side yard. Except for single and two-family 9 where two lots share the same parking and stacking Barkin drives and. aisles pursuant to subsection (itt parking spaces, asles or drives shall be permitted in that _ portion of. the required side yard which is contiguous to the principal building on a lot. d Reare khe in td stacking spaces, drives and aisles may bprovided (d) Off street parkins located on a separate ore lot. �ngwhere two or spaces, aislesand uses share the same off-street parking .. drives, an increase in the number of spaces is required by a conversion or off - an enlargement inrwhen lae spaces, Ig and drilocatevesnmay Cbe located on a street parking and stack - served provided a special exception is granted separate lot from the use by the Board of Adjustment and that the following conditions,are met: l be (1) Special location plan.es olf location entirea landalarea tolbe with the Board by the ownr included within the special location plan and contain such information deemed necessary to comply with the requirements herein. Evidence of ownership shall be provided. �}by ..�,.. ..MICROCILMCD BY.. t � f JORM MIC R+LAB CEDAR RAPIDS • DES M01MES 1 I j 1 I Uo r I 121 (2) Off-street parking location. a. In R and C zones, the nearest point of the parking area to. the nearest point of the building that the parking area is required to serve, shall not be greater than 300 feet. b. In I and ORP zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than 600 feet. (3) Where off-street parking is used jointly by two (2) or more uses the number of parking spaces shall be equal to the sum total of off-street parking space requirements of all such uses. (4) Up to 50 percent of the parking spaces required for commercial recreational uses, clubs, schools or restaurants and up to 100 percent for a religious institution may.be shared by financial institutions, offices, retail establishments, repair shops, personal service establishments and similar uses not normally open, used or operated during the same hours. (5) A written agreement properly executed by the owners within the area of the special location plan assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and assigns shall be submitted with the' special location plan as a convenant running with the land. (6) In instances where a use is within 600 feet of a City -owned parking area, up to 50 percent of the required number of parking spaces may be provided in the parking facility. In the instance where an.appl•icant wishes to provide off-street parking in a City -owned parking facility, the -Board shall substantiate that - with the addition of the number of cars for a use accommodated in the facility, the capacity of the parking facility will not 'be exceeded. (7) •In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street parkin and stacking spaces, aisles and drives, on a lot separate from the use served in terms of pedestrian and vehicular traffic safety and any detrimental effects such off-street parking and stacking spaces, aisles and drives may have on adjacent property. (e) Screening requirements. In addition to the applicable requirements for screening of Div. 5, the following screening requirements in connec- tion with parking areas shall be met: (1) Where a parking area is provided on a lot within 50 feet of an abutting lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within 50 feet of the abutting lot shall be screened from view within the abutting lot or at such time as provided in Sec. 1-_j. 4 ...—'..::---.�:--.:moi �.. .. .._..-MICROFILMED.DY._..... _r t JORM MICR+LAB l tS CEDAR RAPIDS • DE: MOINES i f � 1 122 (2) Where a parking area is provided on a lot within 100 feet across the street from a lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within 100 feet shall be screened from view within the lot or at such time as provided in Sec. 1-_j. (3) The materials for screening and the placement shall comply with the regulations of Sec. 1-_j. (f) Off-street parkinq in the CB -10 Zone. Except as otherwise provided, off-street parking in the CB -10 zone shall be permitted only after approval of a special exception by the Board of Adjustment. The Board shall consider the impact of the proposed parking upon surrounding uses in relation to the following requirements: (1) Screening. In addition to the applicable requirements for screening of subsection (e) herein, where a parking area abuts a street it shall be•separated therefrom by a solid fence, wall, or evergreen hedge having a height of not less than three (3) . feet nor more than five (5) feet. (2) Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering 'or leaving the parking area shall be clearly visible to a.pedestrian on any sidewalks at a distance of not less than 10 feet. (3) Signs. Appropriate signs, including stop signs posted at the . exits to streets, shall be provided. (g) Special vehicle parking and storage. In an R zone certain vehicles because of special characteristics shall comply with the following requirements; (1) Vehicles more than seven (7) feet in height shall not be parked in the front yard or side yard, except upon a regularly constructed aisle for the purposes of loading and unloading. (2) Commercial vehicles designed for the shipment of detonable materials -or flammable solids, liquids or gases shall not be parked on any lot in an R zone except for the purpose of making local deliveries. (h) parkinq for handicapped persons. Where a u'se is required to provide accessibility for handicapped persons, at least two (2) percent of the parking spaces shall be set aside and identified with signs for use by handicapped persons. .The spaces shall be a minimum of 12 feet 6 inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (i) Modification of parking requirements. Where it can be demonstrated that a -specific use has such characteristics that the number of parking or stacking spaces required is too restrictive, the Board of Adjustment may grant a special exception to allow up to not more -than a 50 percent reduction in the required number of parking or stacking spaces. (9aa� .MICROFILMED BY. JORM MIC R#LAB i -CEDAR RAPIDS • BE: MOINES 1 I 123 Sec. 1- . Off-street loading requirements. Except in the CB -10 Zone, off-street loading spaces shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establish- ment, industrial or research laboratory, or similar use which requires the receipt or distribution of materials or merchandise by trucks or vans and which has a floor area of 10,000 square feet or more, there shall be provided the minimum number of loading spaces as follows: Square Feet of Aggregate Minimum Required Number Gross Floor Area of Spaces 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 3 80,000 to 120,000 4 120,000 to 160,000 5 For each additional80,000 1 additional (b) General rules applicable to off-street loading. Except as otherwise provided in this Chapter,- the same rules applicable to off- street parking, Sec. 1-_, (b), shall apply to off-street loading. (c) Design requirements. (1) All loading spaces shall be constructed of asphalt, concrete or similar permanent dust free surface. (2)• Loading spaces shall be a minimum of 10 feet in width, 25'feet in length, and ,12 feet in height; exclusive of aisles. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not less than 12 feet in width, 72 feet in length, and 14 feet in height. (3) All loading spaces shall be pitchedanddrained to prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage facilities. (d) Loading space location. (1) Except in the CB -2 zone, loading spaces shall be located so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2) In R and ORP zones and in the C and I zones within 50 feet of an R or ORP zone, no loading space shall be located in the front yard. (3) Loading spaces may be provided within a side or rear yard but shall not be located closer than five (5) feet to a lot line. MIC RDF llHED 8Y. 1 JORM MICR+LAB I -CEDAR RAPIDS - DE`. MOINES I 124 Sec. 1-_• Sign regulations Sec. 1-_. Definitions. The following definitions shall be applicable to the provisions of the sign regulations: (a) Advertising sign. A sign that is not an identification or direc- tional sign. (b) Animated sign. Any sign or part of a sign that moves or appears to move. (c) Awning sign. A sign placed on the surface of an awning. The area of an awning sign composed of any words or symbols printed directly on the surface of the awning shall be a total of the smallest trapezoids or hexagons which enclose each word or symbol. (d) Billboard sign. An off -premises advertising sign directed to the traveling public which has paper posters applied to it. (e) Building frontage. The horizontal length of the front wall of a building. (f) ,Bur w ilding oall sign. A sign other than a roof sign which is supported by a building or wall i (g) Changeable copy sign. A sign characterized by changeable or moveable copy. (h) Changing sign. A sign in which the sign face or any part thereon changes, or. appears to chahge with definite action or motion, flashing l not include wind actuated elements. and/or changes. Such signs shal (i) Directional sign. An on -premises 'sign designed to guide or direct pedestrian or vehicular traffic. A sign containing (j) 'Director the name of a building complex, or center and two 2) or more identification signs of the same size, color, and general design, limited to one (1) identification sign per occupant. (k) Exposed light source. The use of exposed lamps,, inert gas tubes or any combination thereof, provided that an exposed lamp does not exceed 11 watts or that an inert gas tube does not draw more than 60 milliamps. When inside'frdsted lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed 25 watts. (1) External lighting. Illumination by artificial light, the source of which is not visible from any street right-of-way, reflecting from the sign face. (m) Facia sign. A single -faced sign which is within the perimeter and ore than 45 degrees from the wall of the parallel to or at an angle of not m building on which it is mounted. Such signs do not extend more than one • 140 4 �.... �.. MICROFILMED BY.. '1 JORM MIC11i + CEDAR RAPIDS • DES 140IRE5 t 1 U 125 (1) foot out or more than one (1) foot out at the sign's closest point from nonvertical walls. (n) Freestanding sign. A permanent sign which is supported by one or more up -rights or braces in or upon the ground and not attached to any building or wall. (o) Front wall. The wall of a building upon which a sign is mounted which defines the exterior boundaries of the side of the building on which the sign is mounted and which has a slope of 45 degrees or greater with the horizontal plane. Where a building contains two (2) or more uses, the front wall of a building as used herein shall mean the portion of the wall of the building that constitutes the exterior wall of each use. (p) Identification sign. An on -premises sign that displays no more than the name, numerical address, crest, insignia or trademark, occupation or profession of an occupant of the premises or the name of any building on the premises. (q) Illuminated sign. Any sign in which a source of light is used to E5 make tmessage readable. (r) Institutional bulletin board. An on -premises sign containing a surface upon which. is displayed the name of a religious institution, "school, library,community center or similar ,institution, and the announcement of its service or activities. (s) Internallighting. Illumination by an artificial light, the source of which is not visible but reaches the eye through a diffusive medium. (t) Marquee sign. A sign attached to and contained within the perimeter of the faceor valence of a marquee or any other similar projection from a building. (u) Monument sign. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another. (v) Non -conforming sign. A sign which would be allowed in the proper zone but which is prohibited in the specific zone in which it exists. The elimination of said signs are prescribed for in Sec. 1- (w) Off -premise sign. A sign that is not an on -premises sign. (x) On -premises sign. A sign the primary purpose'of which is to identify or direct attention to a profession, business, service, activity, product, campaign or attraction manufactured, sold or offered on the premises where,the, sign is located. (y) Prohibited sign. A sign prohibited in all zones regardless of type of sign or its size. The removal of said signs are prescribed for in Sec. 1- (z) Projecting sign. A building or wall sign, other than a facia sign, supported only by the wall on which it is mounted. I\-.----,.111CROFILMED.BY._ JORM MICR+LAB CEDAR RA P1D5 - DES MOINES t 1 126 (aa) Reflectorized lighting. The intensification of illumination by reflectorized lamps or by external reflectors. (bb) Revolving sign. A sign which revolves or turns. (cc) Roof sign. A sign erected upon or above and affixed to a roof or parapet. (do) Sign. Any structure visible from the public right-of-way including, but not limited to, a device or display, other than buildings or landscaping, used primarily for visual communication for the purpose of, or having the result of, bringing the subject thereof to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial representations, emblems, trademarks, inscriptions, and patterns, whether affixed to a building, painted or otherwise depicted on a building, or separate from any building. (ee) Sign area. That area of a sign determined by using actual dimensions where applicable, or approximate dimensions when irregularity of sign shape warrants. Such area shall include the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign or of the display. The area of the sign composed of characters or words attached directly to a building wall surface shall be the smallest trapezoid or hexagon which encloses the whole group of characters and/or words. (ff) Under -canopy sign. A sign attached to the underside of a canopy, marquee, or building projection or of any similar projection from a building protruding over a public or private sidewalk or right-of-way. Sec. 1-_. General sign regulations. (a) Signs permitted in all zones. The following signs• shall be permitted in all zones: (1) Real ,estate signs. Temporary signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed. One (1) such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise.. Such signs shall not extend higher than four (4) feet above grade nor closer than five (5) feet to any lot line unless located on the wall of a building. Such signs shall be removed within 48 hours after the execution of an offer to buy or of a contract of sale. (2) Construction signs. Signs which identify the architects, engineers, contractors, and other individuals involved in the construction of a building or signs which announce the character of the building enterprise or the purpose for which the building is intended. Such signs do not include product advertising. In R zones, one such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such sign shall not extend higher than four (4) feet above grade �r1 �.. MICROFILMED BY - JORM MICR+LA9 l .CEDAR RAPIDS • DE.- MOINES 1 l r � Y t 7 I 127 or closer than five (5) feet to any lot line unless located on the wall of a building. Such a sign shall be removed within 48 hours after the completion of.construction or the execution of an offer to buy or of a contract of sale. In all other zones, one such nonilluminated sign, not to exceed 50 square feet, shall be permitted along each street on whish a lot has frontage. Such a sign shall not extend higher than 10 feet above grade or be closer than 10 feet to any lot line unless located on the wall of a building or on a protective barricade surrounding the construction. Such signs shall be removed within one (1) week following completion of construction or the execution of an offer to buy or of a contract of sale. (3) Political campaign signs. Temporary signs announcing candidates seeking public political office or pertinent political issues or containing other election information, such as "Vote Today." Political signs are permitted in all zones subject to the following requirements: a. In R zones, one (1) nonilluminated political sign not to exceed six (6) square feet in area for each candidate or pertinent political issue may be displayed on each premises. Such signs shall not be erected earlier than 30 days prior to the date balloting takes place for the candidate or issue indicated on the sign and all such signs shall be removed no later than two (2). days after the balloting date. b. In other zones, political signs shall conform to the applicable regulations for advertising signs. Such signs shal'l not be erected earlier than 45 days prior to the date balloting takes place for the candidate dr issue indicated on the sign and all such signs shall -be removed no later than seVeh (7) days after the balloting date: A political sign in the window of a building in C and I zones shall not exceed six (6) square feet and shall include no more than one (1) sign for each candidate or pertinent political issue. (4) Seasonal decorations. Signs which pertain to recognized national, state and local holidays and observances. Such signs shall not be erected earlier than six (6) weeks prior to the holiday or observance and all such "signs shall be removed'no later than three (3) weeks after the holiday or observance. (5) Public signs. Signs of a noncommercial nature and in the public interest and erected by or upon the order of a public officer in the performance of his/her public duty. Such signs include safety signs, zoning signs, memorial plaques, signs of historical interest and all other similar signs, and signs designating hospitals, libraries, schools, airports and other institutions or places of public interest or concern. MICROFILMED BY l JORM MICR+LAB C CEDAR RA PIDS • DEC MOINES F � � t i 128 (6) Integral signs. Signs which contain such information as names of buildings, dates of erection, monumental citations, commemo- rative tablets and other similar information; are carved into stone, concrete or other building material or made of bronze, i aluminum or other permanent type of construction; and are made an integral part of the structure to which they are attached. i (7) Private traffic directional signs. Signs directing traffic movement into or within a premises shall not exceed four (4) square feet in area per sign. Illumination of such signs shall be permitted in accordance with the 'regulations for the Zone in which the premises is located. Horizontal directional signs painted on or installed flush with paved streets shall not be subject to regulation. The use of said signs shall not be permitted except where needed for the safe and efficient movement of traffic. (8) Vehicle signs. Signs accessory to the use of any kind of I vehicle, provided the sign is painted on or attached directly to the body of the vehicle. j (9) Insignias and flags. Insignias, flags and emblems of the United States, the State of Iowa, and municipal and other bodies of j established government or flags which display the recognized I symbol of a non-profit and/or noncommercial organization. i (10) Institutional bulletin board.. One (1) institutional bulletin board, externally or internally illuminated and not to exceed " - 24 square feet in area on each side, shall be permitted for each institution. No such sign shall extend higher than six (6) feet above ground level. (11) Facia sign. Except as otherwise provided herein, buildings located on corner lots shall be permitted an additional facia sign, the area of which shall not exceed 65 percent of that permitted for a facia sign. located on the front wall, of the building. In no case shall the additional sign exceed 20 percent of the area of the wall upon which it is attached. The additional facia sign shall not be located on the front wall of the building. (b) Signs prohibited in all zones. The following signs shall be prohibited in all zones: (1) Obsolete signs. Signs that advertise an activity, business, product or service no longer conducted on the premises on which the sign is located. (2) Banners, balloons, posters, etc. Banners, balloons, posters, pennants, ribbons, streamers, spinners or other similar moving devices including street banners. (3) Swinging signs. Signs which swing or noticeably move from wind pressure because of the manner of their suspension or attachment. i Sao 4. ` ' 1 _..MI CROF I LMED. BY� . .�. 4 JORM MICR+LAB 1 CEDAR RA RA PIGS • DES MOINES f I i I 129 (4) Portable signs. Signs that are not permanently anchored or secured to either a building or the ground. (5) Off -premises signs on public property. Off -premises signs located on public property. (6) Painted wall signs. On -premises or off -premises signs painted on building walls. (7) Hazard. Any sign which constitutes a traffic or safety hazard. (8) Building or wall signs. Signs, other .than facia signs, which encroach on or over a street right-of-way or which extend above the roof line. (9) Roof signs. Signs attached to a roof. (10) Animated signs. Animated signs, except for one (1) barber pole per barber shop which does not exceed three (3) feet in height, w nine (9) inches in diameter, and does not project into the public right-of-way more than one .(1) foot. (11) Projecting signs. Projecting signs into the public right-of- way except the following: a. Time and temperature signs in C or I zones which contain no advertising and do not exceed 25 square .feet in area. b. Signs of governmental units. (c) Elimination of•prohibited signs and nonconforming signs. It is the intent of this Chapter that all prohibited signs and nonconforming signs be eliminated within the.period set herein. (1) Prohibited signs.All prohibited, signs set forth above shall be removed within a period of'not'more'than'one (1) year from the effective date of this Chapter, except that portable signs, banners, obsolete signs, hazard and window signs shall be removed immediately. (2) Amortization of nonconforming signs. All nonconforming signs shall be removed within a period of not more than eight (8) i years from the effective date of this Chapter. i (d)Off-premises signs regulations. Off -premises signs shall meet the following requirements: (1) Such signs may consist of not more than two (2) parallel faces. (2) The back of such signs shall be effectively shielded from public view by a building wall, another sign face or by painting the exposed back a neutral color. _ ,.MICROFILMED BY JORM MICR+LA9 f CEDAR Rh P!DS • DE: MOINES 1 13 I { 130 (3) All structural members shall be painted neutral colors. (4) Only wall -mounted signs shall be permitted in the CC -2 Zone. Either free-standing or wall -mounted signs shall be permitted in the CH -1, CI -1, I-1 and I-2 zones. (5) Such signs shall not be erected or maintained in excess of one (1) sign per lot frontage and shall not be closer than 300 feet apart. (6) Such signs shall not be located within 300 feet of the lot line of any lot in a RS -5, RMH or RS -12 zone but such signs may be permitted to within 150 feet of any RM or an RNC -20 zone. (7) Such sign shall not be located within 300 feet of any public square or public park, public or parochial school building, church building or cemetery, public museum, main post office or buildings designed and erected for the purpose of housing the principal administrative and/or judicial seats of city, county, state and/or federal government. (B) Such signs shall comply with the sign location requirements of the zone in which they are located. (9) Such signs shall not be'located 'on roofs of buildings. (10) Such sign shall not exceed a height of 25 feet above center street grade closest to the sign. (11) Such signs shall not exceed 72 square feet per sign face. (e) Large scale regulations variance. (1): General requirements.' Two (2) or .more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that the owner or lessor of premises isrie for said tnSaid eptheme evatefomthzonalregulaios uponthe aprovalofa special exception by the Board of Adjustment. (2) Permitted signs. The owners or tenants of any Large Scale Residential- or Non -Residential development may petition for special sign allowances. The sign design may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (f) Material and construction ---i___ nts. (1) Material. All signs, except those enumerated in Sec. 1- (a), shall have a surface or facing of incombustible material. Structural trim may be of a combustible material. (2) Construction. All signs, except those enumerated in Sec. 1- _(a), shall be designed and constructed to withstand a wind 4 ..._. ..__....MICWILMED BY. _.__..�. JORM MICR#LAB 1 -CEDAR RAPIDS o IE-' MOINES ){ I 19do I I i 4 ^i 131 pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required by the Building Code or other ordinances of the City. (g) Obstruction of egress. No sign shall be erected, relocated, or maintained as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a stand pipe or fire escape. (h) Traffic hazard. No sign shall be erected where, by reason of .position, shape, or color, it may interfere with or obstruct the view of any authorized traffic sign, signal, or device or which makes use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. (i) License and permits required. (1) License required. a. It shall be unlawful for any person to erect, alter, repair, move, improve, remove, paint or convert any sign except those enumerated.,in.Sec. 1 (a), nonilluminated window signs in C and Izones, and signs for home occupa- tions without, first having.on file with the Department of Housing and Inspection Services a sign erector's license in good standing. b. The license to erect, alter, repair, move, improve, remove,, paint or convert any sign as required herein shall be known as a sign erector's license and shall be issued by the City Manager or his/her designee to• the person desiring to perform the work indicated above. No such license shall be issued to any person until such person shall have paid to the City Manager or his/her"designee a license fee as established by resolution of City Council and shall have filed with the Department of Housing and Inspection Services' a copy or a certificate of a contractor's public. liability :.insurance policy with coverage limits of $100,000.00 per person, $300,000.00 per occurrence for,bodily injury, and $10,000.00 for property damage liability. The City .shall be designated as an additional insured and be notified 30 days in advance of the, termination of the,policy.by. the insured or insurer. The policy shall indemnify and save harmless the City from any and all damage, judgment, cost or expense which the City may incur or suffer by reason of said license issuance. C. Every sign erector's license shall expire on the date established by resolution of the City Council unless revoked. The renewal fees shall be set by resolution of the City Ccouncil. l 4 �_.. _.. _.._....MICROrILMED BY. ` JORM MICR¢LA9 1 I CEDAR RAPIDS • DES MOINES IIS 1 132 .1, d. The City Manager or his/her designee shall be responsible for enforcement of these provisions and shall be empowered to suspend or revoke a sign erector's license for any violation of the sign regulations if the license holder shows incompetency or lack of knowledge, or if the license was obtained by fraud. A person aggrieved by the revocation, suspension or denial of a license may appeal the action directly to the Board of Adjustment. e. If a license is revoked for any reason, another license shall not be issued for 12 months after revocation. (2) Permit required. a. No person, firm or corporation shall erect, alter, repair, move, improve, remove, paint or convert any sign except those enumerated in Sec. 1 (a), nonilluminated window signs in C and I zones, and signs for home occupations without first obtaining an erection permit from the Building Official and making payment of the required permit fee. All illuminated signs shall also be subject to the provisions of the electrical code and the permit fees required thereby. b. A separate permit shall be obtained for each sign. C. Only a person holding a valid sign erectors license issued by the City may obtain a permit to perform work regulated by this section. d. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his/her employ. (3) Permit fees. Every applicant, before being granted a permit, shall pay to the Building Official,a permit fee for each sign, other than those enumerated. in Sec: 1- (a),`nonilluminated window signs in C and I zones and signs for home occupations. The fee shall be established by resolution of the City Council and be subject to.the following: a. The fee for an alteration to an existing sign shall be based on the actual area of the alteration and not necessarily for the total area of the sign. - b. Any person found to be erecting, altering, repairing, moving, improving, removing;' painting' or converting any sign or other advertising structure prior to the issuance of a permit or who has erected, altered, repaired, moved, improved, removed, painted or converted a sign or other advertising structure prior to the issuance of a permit, shall be charged double the normal fee, but the payment of }l � ,...,- ..MICROFILMED BY.�. 1 "I JORM MICR+LAB 1 ` j(( CEDAR RAPIDS DES MOINES r ORO 3 133 such double fee shall not relieve any person from fully complying with the requirements of this Chapter in the execution of the work nor from any penalties prescribed herein. (j) Illuminated sign permits. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications concerning all wiring and connections to determine if they comply with the Electrical Code and he/she shall approve the permit only if the plans and specifications comply with the Code. This action of the Electrical Inspector shall be taken prior to submission of the application to the Building Official for final approval of the erection permit. (k) Applications. Application for erection permits shall be made upon blanks provided by the Building Official and shall contain or. have attached the following information: (1) Name, address, telephone number, and sign erector's license number of the applicant. (2) Location of building, structure, or lot onto which the sign is to be attached or erected. (3) Position of the sign in relation to nearby buildings or structures. (4) .Two (2) blueprints or ink drawings of the plans and specifica- tions and method of construction and attachment to the building or the ground. (5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by these regulations and all other ordinances of the City. (6) Name of the person erecting the structure. (7) Any electrical permit required and issued for the sign. (8) Such other information as the Building Official shall require to show full compliance with these regulations and all other ordinances of the City. (1) Permit issued. It shall be the duty of the Building Official, upon i the f"in' ' g of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which a sign is proposedto erect the sign or other advertising structure. If it appears that the proposed structure is in compliance with all the requirements of these regulations and all other ordinances of the City, he/she shall issue the erection permit. If the work authorized under an erection permit has not,been completed within six (6) months after date of issuance, said permit shall become null and void. _ ---- ... 4 _. �.�... _..._...MICROFILMEO.BY. JORM MICR+LAB 1' CEDAR RtP10S • DES MOINES I 134 Sec. 1-_. Regulations by zone. (a) AG, RR -1, RS -5, RS -8, RMH and RS -12 zone regulations. (1) General requirements. a. No sign shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin, or within a five (5) foot setback from any lot line. b. No advertising sign shall be permitted, except as allowed in Sec. 1- (2) Permitted signs. a. One (1) on -premises identification facia sign or free- standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or externally lighted with non- i flashing white light. b. One (1) on -premises identificati'on facia^ sign, free- standing sign, or monument sign not to exceed 24 square feet in area per sign face shall be permitted for each building frontage for nonresidential uses. The sign may consist of,not more, than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or externally or internally lighted with non -flashing white light. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Free-standing signs shall not extend less than five (5) feet nor more than eight (8) feet above the grade. (b) RM -12, RM -20, RNC -20, RM -44 and RM -145 zone regulations. (1) General requirements. a. No sign shall be erected in the corner of a lot, defined by - a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin, or within a five (5) foot setback from any lot line. b. No advertising sign shall be permitted, except an identi- fication sign as permitted below in paragraph (2) which may include reference to number and types of units, furnishings and other accessories. ,r-- .._._I1ICR0E1 Lt4ED DY.. __._... _. JORM MICR+LAB (i -CEDAR RAPIDS • DES MOINES E � i M 135 (2) Permitted signs. a. One (1) on -premises identification facia sign or free- standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or illuminated by an internal non -flashing light source. An identification sign of larger dimensions shall be permitted for the following uses: 1. Any multi -family dwelling complex containing five (5) to 15 dwelling units shall be permitted one (1) identification sign of four (4) square feet. 2. Any multi -family dwelling complex containing 16 to 29 dwelling units shall be permitted one (1) identifica- tion sign of not to exceed 12 square feet in area per sign face. i 3. Any multifamily dwelling complex containing 30 units or more shall be permitted one (1) identification - sign of not to exceed 24 square feet in area per sign face. b. One (1) on -premises identification facia sign, free- standing- sign, or monument sign not to exceed four (4) ' square feet in area per sign face shall be permitted for fraternities/sororities and rooming houses. C. One (1) on -premises identification facia sign, free- standing sign, or monument sign not to exceed four (4) square feet in area per sign face shall be permitted for nonresidential uses including group care facilities, nursing'- homes, and hospitals with facilities to accommodate 49 or less persons. Any such uses containing facilities for 50 or more persons shall be permitted one (1) identification sign of not to exceed 16 square feet in area per sign face. d. Subdivisions in excess of two (2) acres may have an identification sign with a maximum area of 24 square feet. (3) Special requirements. a. Facia signs shall not extend above the roof line. i b. Free-standing signs shall extend not less than five (5) feet nor more than 10 feet above the grade. C. Monument signs shall extend not more than five (5) feet above the grade. i rl, ._.MICROFILMED BY... I1 JORM MICR#LAE3 } CEDAR RAPI05 DES MOINES 111### { 136 (c) CO -1 and CN -1 zone regulations. (1) General requirements. a. No sign or sign support shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin or within a five (5) foot setback from any lot line. b. If a building has two or more occupants, the occupants may jointly erect and maintain a sign, provided the joint sign is within the zonal regulations.. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by.the business. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. b. One (1) on -premises identification monument sign not to exceed one-half (h) square foot per lineal foot of lot . frontage per occupant and not to exceed 50'squarg feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, whichare parallel or form not more than a 45 degree angle with each other, and shall be - non -illuminated. The back side of the monument sign shall be enclosed. C. No more than one (1) of the following signs (l or 2) shall be permitted. 1. One (1) on -premises identification undercanopy sign not to exceed four (4) square feet in area per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces'and may be non -illuminated by an internal non - flashing light source. 2. One (1) on -premises identification facia sign not to exceed six'(6) square 'feet in area shall be permitted per building "frontage. The sign may be non - illuminated or illuminated by an internal or external non -flashing light source. d. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is 19ad .MICROFILMED BY JORM MICR+LAB 1 I CEDAR RAPIDS • DEE MOINES 137 less. These signs may advertise the name, days and hours of operation, telephone number, and other related informa- tion about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. e• Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (d) CH -1 zone regulations.m .(1) General requirements. a. No sign or sign support shall be erected in the corner of a lot defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from a corner pin. No portion of the sign or sign support shall project into this triangle at an elevation of less than 10 feet. b• If a building has two (2) or more occupants, the occupants may jointly erect and maintain a sign provided the joint sign is within zonal regulations. C. No sign shall be erected. within 50 feet of R zones which abut CH -1 zones. In all instances as described above, signage. shall be bound by all, regulations and requirements for signage in the CN -1 zones. (2)_ Permitted signs. a. No more than. one (1) of the following signs (1, 2 or 3) shall be permitted! I. One (1) on -premises identification and/or advertising monument sign not to exceed one-half (h) square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not. -more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non - illuminated or externally or internally lighted with a non -flashing light source. 2. In all CH I' zones, which abut Federal Interstate Highways or Federally Designated Freeways, all signs erected shall .Comply_ with applicable State and Federal regulations and such regulations shall set the standards .'for';signs erected within 660 feet of the right -of -Way of, the. Federal Interstate Highways or Federally Designated Freeways in addition to the requirements in this zone. Where a conflict exists, the State and Federal Regulations shall prevail. This exception_ is expressly limited to CH -1 zones abutting Highways or Freeways and does not apply to ,.. ._ .... ... MICROFILMED BY ....1. 4. JORM MICR+LA13 i t CEDAR RAp105 • DES MOINES t I 138 the State primary system unless it is a Federal Interstate or Freeway. 3. One (1) on -premises identification and/or advertising projecting sign not to exceed 75 square feet per sign face shall be permitted. Said sign may consist of not more than two (2) parallel faces and may be non - illuminated or illuminated by an internal non - flashing light source. 4. One (1) on -premises identification and/or advertising free-standing sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant, and not to exceed 125 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non - illuminated or illuminated by an external, internal, or exposed non -flashing light source. b. One (1) on -premises identification and/or advertising sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If. the building is' higher. than one (1) story and the business occupies more than one story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face ,(or -front wall) of the building that is occupied by- the business. The sign shall not exceed 75 square feet per sign face. The sign may be non -illuminated or internally or externally ,lighted with a non -flashing light source., C. A free-standing billboard sign subject to the requirements of Sec. 1-_ of this Chapter shall be permitted. d. No more than one (1) of,the following signs (1 or 2) shall be permitted. 1. One (1) on-premises'identification under canopy sign not to exceed six (6) square feet per sign face shall be permitted per. building .frontage. , The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with non -flashing light source. 2. One (1) on -premises identification facia sign not -to exceed six, (6) square feet in area shall be permitted per building frontage. The sign may be non - illuminated or illuminated by an internal, external, or exposed non -flashing light source. e. Window signs shall be allowed provided that they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, ___......MICROFILMED BY.. JORM MICR+LA9 -CEDAR R61 DS • DE`_ MOINES i 11, 139 whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. f. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements: a. Facia signs shall not extend above the roof line. b. Monument signs shall extend not more than five (5) feet above the grade. C. Free-standing signs shall not exceed 35 feet in height nor less than 10 feet above grade. No dimension of the sign shall exceed 10 feet nor shall any part of the sign project nearer than five (5) feet from any lot line. d.- Projecting signs shall not project more than eight (8) feet from the building and shall not be less than 10 feet above grade. over pedestrian -ways or 14 feet above grade over vehicular -ways and parking 'areas. No dimension of the sign shall exceed 15 feet and the sign shall not extend more than four (4) feet above the roof line. No support of the sign shall project above"the.roof line. e. Under -canopy ,signs shall not exceed a maximum dimension of six (6) feet or in any. case more•.than 75 percent'of the width of the canopy to which it is attached. No portion of" the sign shall be less than nine (9) feet above grade. f. Standard signage appearing as an integral part of the gasoline'' pumps as purchased and installed shallbe permitted. Decals which constconstitute standard signage and which are normally affixed after installation of gasoline pumps'shall be permitted. (e)' CC -2 'zone regulations. (1) General requirements. a. If a building has two (2) or more occupants, the occupants may jointly erect and maintain a sign provided the joint sign is within zonal regulations. b. No sign shall be erected within 50 feet of R zones which abut CC -2 zones. In all instances as described above, signage shall be bound by all regulations and requirements for signage in the CN -1 zones. _,_....MICROFILMED. BY. _-.-...I. t - JORM MICR+LAB •CEDAR RAPIDS • DES MOINES I t I 140 C. In the event that five (5) or more business units are located adjacent to each other and provided the owners of the businesses reach unanimous agreement, a common major sign in lieu of individual signs, as listed below in paragraph (2), may be permitted. The sign shall not exceed 175 square feet. (2) Permitted signs. a. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification and/or advertising monument sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. Said sign may consist of not more than two (2) faces which are parallel or form not more than a 45 degree angle with each other, and may be non - illuminated or illuminated by an internal, external, or exposed non -flashing light source. 2. One (1) on -premises identification and/or advertising free-standing sign not to exceed one (1) square foot 'per lineal foot of lot frontage per occupant and not to exceed 125 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non - illuminated or illuminated by an internal, external, or exposed non -flashing light source. b. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does,not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business: The sign may be non -illuminated or illuminated by an internal, external, or exposed non - flashing light source. C. A facia sign not to exceed 65 percent of the maximum square footage allowed for facia signs in a CN -1 Zone shall be permitted in those instances where a business has frontage on two (2) intersecting streets. d. A wall -mounted billboard subject to the requirements of Sec. 1 shall be permitted. e. No more than one (1) of the following signs (1 or 2) shall be permitted. �.. r,,. ......._. MICROFILMED BY.. _._._..' t JORM MICR+LAB { -CEDAR RPPI DS - DE. MOINES 1, i )f R 141 ...__..MICROFILMED BY... JORM MIC R+L AB OINES -CEDAR RAPIDS DES M r1. 1. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face shall be permitted per building frontage. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with non -flashing white light. 2. One (1) on -premises identification'facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non - illuminated or internally or externally lighted with non -flashing white light. f. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. g.. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia. signs shall not extend above the roof line unless located on the face of a parapet wall. b. Monument signs shall not extend more than five (5) feet above grade. C. Free-standing signs shall not exceed 35 feet in height nor be less than l0;feet above grade. 'No dimension of the sign _shall;exceed.15 feet nor shall any part of the sign project into public right-of-way. d. Projecting signs shall not project more than six (6) feet from the building and shall not be less than 10 feet above grade over pedestrian -ways or,;14 feet above grade over vehicular -ways and parking areas. No dimension of the sign shall exceed 10 feet or extend more than four (4) feet above the roof line. e. Under -canopy signs shall .not exceed a dimension of six (6) feet or in any case more than 75 percent of the width of the canopy to which it is.attached. No portion of the sign shall be less than 10 feet above grade. f. Off -premises identification and/or advertising billboard signs subject to the requirements of Sec. 1-_ are permitted. ...__..MICROFILMED BY... JORM MIC R+L AB OINES -CEDAR RAPIDS DES M r1. 142 (f) CB -10 Zone regulations. (1) General requirements. a. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that all tenants and owners agree by petition upon the design or theme. The design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. If the building is higher than one story and the business occupies more than one story, the maximum size signage permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be nonilluminated or internally or externally lighted with a nonflashing light source. b. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face per building frontage shall be permitted. The sign may consist of not .more than two (2) parallel faces and may be nonilluminated or internally lighted with nonflashing white light. c. One (1) on -premises directory facia sign not to exceed four (4) square feet in area per sign face shall •be permittedwhere occupants have no street frontage, and the sign shall be located immediately adjacent to the principal entrance to the occupant's premises. The sign may be nonilluminated or internally lighted with nonflashing white light. d. One (1) on -premises advertising marquee sign not to exceed one square foot per lineal foot of building frontage and not to exceed 50 square feet shall be permitted. The sign may consist of'not more than two (2) parallel faces and may be nonilluminated or internally lighted with nonflashing white light. e. Window signs shall be allowed provided they do not exceed four (4).square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. I �.. ._MICkOFI LMED BY' DORM MICR+LAB CEDAR R6!DS • DES MOINES 1 i I ■ 143 f theIdentification surfacethe awning halls be permitted. not to ed25 percent of (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Under -canopy signs shall not exceed a maximum dimension of sii (6) feet nor in any case more than 75 percent of the width of the sign hall be less than 10 feet above grade. theportion of (g) CB -2 zone regulations. (1) General requirements. a. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or'theme provided that all tenants and owners agree by petition upon the design or theme. The design or may deviate from the zonal regulations upon the approval of special exception by the Board of Adjustment. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia .sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of thebuilding. If the' building is higher than one (1) story and the ss occupies more than one (1) story, the maximum size signage permitted shall be determined by .using 20 percentof the area of, the face (or,front'wall) of the building is occupied by the business. The sign may be non -illuminated or internally or _externally lighted with a non -flashing light source. b. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face per building frontage, shall be permitted. The sign may consist of not more than two '(2) parallel faces and may be non - illuminated or internally lighted with a non -flashing light source. C. One (1) on -premises directory facia sign not to exceed four .(4) square feet in area shall be permitted where occupants have no street frontage, and the sign shall be located immediately adjacent to the principal entrance to oreinternally' lighted with a noniflamashie nglightlnon-illuminated source. d. One (1) on -premises advertising marquee sign not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shallbe permitted for theatre marquees. The sign may MICROFILMED BY JORM MICR+LAB l I CEDAR RAPIDS - OES MOINES } I � .1! 1 I'm 144 not more than two (2) parallel faces and may be non - illuminated or internally lighted with a non -flashing light source. e. Two (2) on -premises identification "permanent, painted" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. f. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. g. No more than one (1) of the following signs (1 or 2) shall be permitted: 1. One (1) on -premises identification or advertising monument sign not to"exceed one (1) square foot per lineal foot of building frontage. The sign shall not exceed 50square feet per sign face but may be. internally or externally lighted. 2. One (1) on -premises identification or advertising free-standing sign not to exceed one (1) square foot per lineal foot of building frontage. The sign shall not 'exceed 50 square feet per sign face but may be internally or externally lighted. h. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Under -canopy signs shall not exceed a dimension of six (6). feet nor in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. C. Directory signs shall not exceed four (4) square feet in area and no dimension of the sign shall exceed two and one- half (2h) feet. d. No roof signs, off -premises signs or billboards shall be permitted. e. No temporary signs consisting of painted, cardboard, plastic, paper or similar material 'shall be permitted to be attached to any window or outside wall. I Sao 4 ..._ __..MICROFILMED aY...._..._._ I' JORM MICR+LAB i CEDAR RAPIDS • DEE MOINES 145 f. All monument signs shall not extend more than five (5) feet above grade. (h) CI -1, ORP, I-1 and I-2 zone regulations. (1) .General requirements. a. No sign shall be erected within 50 feet of R zones which abut CI -1, ORP, I-1 and I-2 zones. In all instances as described above, signage shall be bound by all regulations and requirements for signage in the CN -I zones. b. In the event that five (5) or more uses or buildings are located adjacent to each other and individual facia signs as listed below in subparagraph (2)a.1 are erected, a common major sign of the type permitted in subparagraph (2)a.2 or (2)a.3 may be permitted provided the following conditions are met: 1. The area of the common sign shall not exceed 175 square feet, 2.. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facia signs, and 3. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area for each individual facia sign. (2) Permitted signs. a. No more than one (1)' of the following signs (1, 2 or 3) shall be permitted. I. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. If the building is higher, than one story and the businessoccupies more than one story, the maximum size signage permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business.The sigmay be non -illuminated or internally n or externally lighted with a non -flashing light source. 2. One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total•signage.of 75 square feet shall be permitted. In those instances where building frontage exceeds 150 lineal feet, one- half (�) square foot per lineal foot of building frontage with a maximum total signage of 150 square feet shall be permitted. { .,..._ _ 111CROFIUIE0..0Y____.. JORM MICR+LAO l CEDAR 111105 • DES MOINES ffff I 146 3. One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or internally or externally lighted with a nonflashing light source. b. One (1) on -premises identification facia sign not to exceed four (4) square feet per building frontage shall be permitted. The sign shall be non -illuminated. C. A free-standing billboard sign subject to the requirements of Sec. 1-_ shall be permitted. d. Window signs 'shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation; telephone number, and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards, or bank cards. (3) Special requirements. a: No support or part of .a free-standing sign shall project into.the street right-of-way. _. .MICROFILMED BY JORM MICR�LAB -CEDAR RAPIDS • DGS MOINES � 1 147 Sec. 1-_ Fence and hedge requirements. (a) Location and height. Fences and hedges, when located within a front, side or rear yard, shall be subject to the following location and height requirements: (1) No portion of a fence more than 10 percent solid shall exceed eight (8) feet in height. (2) Fences and hedges shall be located so no part thereof is within two (2) feet of an alley or a street right-of-way line. (3) At street intersections, no fence or hedge more than two (2) feet in height above the curb level, shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point• of intersection. (4) In R zones or within 50 feet of a lot with a residential use at ground level, fences within the front yard shall not exceed four (4) feet in height, except along primary arterial streets identified in the Comprehensive Plan. (b). Enclosures. Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depth of 18 inches or more and for dog runs and shall be subject to the following requirements: (1) An outdoor swimming pool, the edge.of which is less than four (4) feet above grade, shall be completely enclosed by a fence not• less than four (4) feet in height. The fence shall be so constructed as not to allow a five (5) inch diameter sphere to pass through the fence. A principal or an accessory building may be used as part of such enclosure. (2) All gates or doors opening through an enclosure shall be equipped with a self-closing and self -latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. The Building Official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded herein. (3) Dog runs shall be enclosed by a fence of sufficient height and construction to contain the dog at all times. (c) Barbed wire and electric fences. Barbed wire and electric fences shall be subject to the following requirements: (1) Barbed wire shall consist of twisted wires with barbs on each wire a minimum distance of four (4) inches apart. Concertina wire shall be prohibited. 4 .__._hICROFILHED BY JORM MICR+LAB l ( CEDAR RAPIDS • DES 11!I r I I t. H 148 (2) Except for the enclosure of livestock operations, barbed wire fences shall only be permitted in a C, I or ORP zone, provided that the bottom strand of barbed wire shall not be less than six (6) feet above grade. (3) Except for the enclosure of livestock operations, electric fences shall not be permitted in any zone. (4) No electric fence shall carry a charge greater than 25 milli- amphere nor a pulsating current longer than one-tenth (1/10) per second in a one (1) second cycle. All electric fence charges shall carry the seal of an approved testing laboratory. (5) Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of street right-of-way line where a public sidewalk does not exist. In the latter case, however, either fence may be erected or constructed along the right-of-way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk. Said agreement shall be processed with the application for a permit. (d) Permit required: It shall be'unlawful to erect or construct or cause - to be erected or constructed any electric or barbed wire fence or any fence over six (6) feet -in- height without obtaining'' a permit. All applications for fence permits shall,be submitted to the Building Official and shall be accompanied by a sketch or design of the proposed fence and a plot plan showing the location of the proposed fence. _... _.-_.... MICRDEILMED.aY.... l JORM MICR+LA6 l • CEDAR RX• !DS • DES MOINES 2 I 149 ARTICLE IV. GENERAL PROVISIONS DIVISION . DIMENSIONAL REQUIREMENTS Sec. 1- General. The following dimensional requirements shall be applicable in all zones or in the zones indicated. Sec. 1- General yard requirements. (a) In an R zone, lots platted after the adoption of this Chapter and abutting a primary arterial street, as designated on the Comprehensive Plan Map, shall have a front yard of 40 feet. (b) If lots fronting on two (2) or more streets are required to have a front yard, a front yard shall be provided along all streets. (c) Where a frontage is divided among zones with different front yard requirements, the deepest front yard shall apply to the entire frontage. Where an ORP Zone is included among the zones, the front yard required for the ORP Zone need.not be considered provided lots within 100 feet of the ORP Zone shall have a front yard with not less than 20 feet. (d). Where - a lot. in a C or I zone abuts an R zone, a yard at least equal to the abutting yard required in the R zone shall be provided along the R zone boundary line. (e) In all AG, C, I and ORP zones there may be more than one principal building on a lot provided that the yards, if required, are maintained around the group of buildings. (f) There may be two (2) or more related multifamily, hotel, motel or institutional buildings on a lot provided that: (1) the required yards are provided around the group of buildings, and (2) Except in the RM -145 zone the buildings are separated by a horizontal distance that is equal to the height of the highest building. In the RM -145 zone, high rise buildings shall be separated from other dwellings by a horizontal distance of eight (8) feet for the first story plus two (2) feet for each additional story.. (g) There shall be a minimum of six (6) feet between all unattached buildings on a lot. (h) Residential uses, except motels and hotels, located at ground level in a C zone, shall be provided with the yards required in the RS -5 zone. (i) In all zones, if a side or rear yard is provided where not required, the side or rear yard shall be at least five (5) feet wide. s _ _ .141CROF.ILMED,BY �I JORM MICR+LA6 f CEDAR RAPIDS • DES MDINES D 150 (j) Parking and stacking spaces, aisles and driveways located in yards shall be subject to the provisions of Sec. 1-_, page _. Sec. 1- Permitted obstructions in yards. The following obstructions may be located in the required yards specified subject to the special conditions indicated. (a) Buildings, accessory. Accessory buildings may be located in any yard except the front yard, provided they shall comply with the requirements of Sec. 1-_, page _. (b) Building features. Eaves, cornices, marquees, awnings, canopies, belt courses, sills, buttresses, or other similar building features which extend beyond the wall of a building may project into any yard provided that such projections from a principal building shall not be closer than two (2) feet to any side lot line. Such projections from an accessory building shall not be closer than one (1) foot to a rear lot line or a side lot line. (c) Chimneys. Chimneys may project into any yard not more than two (2) feet. (d) Dog runs. Dog runs constructed solely for the purpose of confining dogs for exercising and feeding may be located in any yard, provided that in an R zone they shall not be located in a front yard or side yard nor closer than 10 feet to a rear lot line. (e) Fences and hedges. Fences and hedges may be located in any yard subject to the requirements of Sec. 1-_, page .(f) Fire escapes and unenclosed stairways. Fire escapes and unenclosed stairways may extend into any yard provided they shall not extend into a side yard more than three and one-half (3h) feet. (g) Fueldispensing equipment. In commercial and industrial zones, fuel dispensing equipment may be located in any yard. (h) Ornamentalfeatures. Light fixtures, flag poles, arbors, trellises, fountains, sculptures, plant boxes, plants and trees and other similar ornamental features may be located in any yard provided that: (1) At street intersections, no ornamental feature more than two (2) feet in height above the curb level shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the rights-of-way lines from the point of intersection, and (2) Trees planted in the front yard shall comply with the locational requirements of Sec. 1-_, page _, and the Forestry Ordinance of the city Code of Ordinances. (i) Parking, off-street. Except as otherwise provided in Sec. 1-_, page _,open off-street parking may be located in any yard. 9010 i �._. .._....MICROFILMCDBY. .. .._.... � l JORM MICR+LAE3 ( -CEDAR RAPIDS • DEC MOINES 151 (j) Porches balconies decks and stoops, uncovered. Porches, balconies, decks and stoops which are uncovered, may extend into any yard provided that such projections shall not extend into a front yard more than eight (8) feet: Stoops may extend into a side yard not more than two (2) feet. (k) Signs. Except as otherwise provided in Sec. 1-_, page _, signs may be located in any yard. (1) Swimming pools and hot tubs. Swimming pools and hot tubs with a depth of 18 inches or more may be located in any yard, provided that in an R zone they shall not be located in a front yard and shall not be located closer than 10 feet to a side or rear lot line. (m) Telephones, coin operated. In commercial and industrial zones, coin operated telephones may be located in any yard. (n) Windows. Bay windows and similar projecting windows may extend into any yard provided that in an R zone they shall not extend into the side yard or the rear yard of a reversed corner lot. Sec. 1- Requirements and exceptions for established setbacks. (a) Where at least 50 percent of the lots along a frontage are occupied by buildings that deviate in setback more than five .(5) feet, from the required front yard, the minimum front yard for each lot along the frontage shall be established in the following manner: (1) If all the buildings have a setback of more than five (5) feet of the required front yard, the front yard shall be equivalent to the setback of.the closest• building to the street.. (2) If .all the buildings are. located more than five (5) feet closer to the street than the required front yard, the front yard shall be established five (5) feet closer to the street than the required front yard. (3) If (1) or (2) is not the case, the front yard for each lot shall be determined as follows: a. Interior and double frontage lots. At the option of the lot owner, the front yard shall be established as the front yard required in the zone in which the lot is located or otherwise as follows: 1. The front yard of a lot shall be established as an average of the setbacks of the principal buildings on the abutting lots to each side. 2. Where a principal building is located on an abutting lot on one side only, the minimum front yard shall be equal to the setback of the principal building on the abutting lot. 4 ^: s _'.. . MICRDEI LIED BY .. _..� t DORM MICR+LAB -CEDAR WHOS • DES MDINES ■ 6 w 152 b. Corner lots. The minimum front yard of a corner lot shall be the front yard required for the zone in which it is located. (b) A special exception may be granted by the Board of Adjustment for a modification of yard requirements, when such modification would not be contrary to the public interest nor contrary to the general purpose and intent of this Chapter and meet the conditions of Sec. 1 - Sec. 1-_ Height exceptions. (a) The following structures or parts thereof shall be exempt from the height limitations set forth in the zones indicated, provided that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. (1) In all zones. i a. Chimneys or flues. b. Church spires. C. Cupolas and domes not used for the purpose of obtaining � habitable floor space. d. Farm structures including barns, silos, storage bins and similar structures when associated with a farm. i e. Flag poles. f, Parapet or fire walls extending not more than three (3) feet above the limiting height of the building. g. Poles, towers and other structures necessary for essential services. h. Roof structures including elevator bulkheads, stairways, ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances required to operate and maintain the building, i. Television antennas and similar apparatus. (2) In the C, I and ORP zones. a. Grain elevators. b. Stacks. -MICROMmE6 ay-. JORM MICR+IAB CEDAR RAPIDS • DE! MOINES 1 153 d. Radio and television communication towers. (b) In all zones, except the ORC Zone, the maximum height in each zone may be increased, on the condition that for each foot of height increase above the maximum height limitation there is provided an additional two (2) feet of front, side and rear yards and that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. l ' ...... ......._M I OROFI LMED BY..__ ..__,.. . 30RM.. MICR( LAB •CEDAR.RIFPIDS • DES MOINES I 154 DIVISION . TREE REGULATIONS Sec. 1-_. General. (a) Purpose. The purpose of these regulations shall be to assure that trees are preserved and planted with the development or redevelopment of buildings, drives and parking areas within the City 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 or certificate of occupancy shall be issued for the construction, reconstruction or structural alteration of a building on a lot without conformity with the provisions of the tree regulations. However, property in the CB -10 and AG Zones and individual lots occupied by single family dwellings shall be exempt from the requirements of these provisions. The distances required herein for the location of a tree shall mean the distance to the center of the tree and where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. The varieties and sizes at initial installation of trees permitted by this ordinance for the use indicated are specified in the "List of Recommended Trees for Iowa City" attached as a supplement and made a part of this Chapter. Evergreen trees, used for screening purposes in accordance with the provisions of Sec. 1-_, page_ , 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 supplement, and are allowed to grow to their mature height. (c) Site olan. When provisions of the tree regulations are applicable, a site (_plot') plan shall be submitted with the request for a building o the information normally required, permit and shall, in addition t include: (1) the size and location of required tree islands; and (2) the mature height (small or large), location and type (evergreen or deciduous) of existing and proposed tree plantings. Sec. 1-_. Requirements. (a) Trees adjacent to and within street rights-of-way. The following provisions shall regulate the planting of trees adjacent to and within street rights-of-way: (1) Applicability. a. Whenever there is a conversion or a new use 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 4 ....MICROFILMED BY ( JORM MIC R�/LAB 1 CEDAR RAPIDS • DES MOINES 11 t )q;o i 155 additions, the total of which increases the floor area by more than 10 percent, the requirements of this subsection shall be applicable to the entire lot. C. If any provision of this Chapter would preclude the planting of one or more trees. adjacent to the right of - way, the trees unable to 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 excluded by the provisions of paragraph (3) may be omitted. d. If trees presently exist within the right-of-way, trees need not be planted adjacent to the right-of-way provided that the required number of trees exists. . Additional 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. The species to be planted shall.be listed in the "List of Recommended Trees for Iowa City" as streettrees or permitted by the city forester. b. Large and medium size trees shall be planted,at:a minimum ratio of one tree for every 40 feet of lot frontage or for small size trees, every 30 feet of lot frontage._ In the case of a corner, lot, only one tree for every 60 feet of lot frontage shall be required. C. Trees shall be planted adjacent to street rights-of-way within eight (8) feet of the right-of-way line but not. closer than four (4) feet to a public sidewalk or the anticipated location of a future, sidewalk where .one does not now exist. d. Small size trees may be located within eight (8) feet of a building; however, large and medium size trees shall not be located closer than 16 feet to a building. e. Large and medium size trees shall be spaced no closer than 40 feet apart, or for small size trees, no closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, trees shall be planted in accordance with the provisions of Sec. 1- -, page _, and be of a variety suitable for screening purposes as designated in the "List of Recommended Trees for Iowa City." f. Trees shall be located within tree islands and separated from parking areas pursuant to the requirements of paragraph (b)(2). 4 ' .__..MICROF.ILMED. BY. l DORM MICR+LAB S - CEDAR RA P!DS • DEC MOINES I 156 g. Trees shall not be located within a triangular area at street intersections, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. h. Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities above or below ground as determined by the utility companies and'the City Engineer. (3) Placement of trees within public rights-of-way. Trees planted within public rights-of-way shall meet the following conditions: a. A tree planting permit shall be obtained from the City Forester. b. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the City Forester. C. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future sidewalk where one does not now exist. d. Trees shall not be located within five (5) feet of the curb: e. At street intersections, trees shall not be located within j 70 feet of the intersection of curb lines along arterial streets, 50 feet along collector streets, or within 30 feet of the intersection of curb lines along residential streets. f. At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall j not be' located within 10 feet of the drive, aisle or the right-of-way line of the alley. g. Large and medium size trees shall be spaced no closer than 40 'feet apart or located closer than 16 feet to a building. Small size trees shall be located no closer than 16 feet apart but may be located to within eight (8) feet of a building. h. Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private' utilities above or below ground as determined by the utility companies'and the City Engineer. (b) Trees on private property for residential uses and parking areas. The fallowing provisions shall regulate the planting of trees on private property for residential uses and parking areas: . 14ao _.s 4 .__141CROF]LMED.DY.....__.._..� JORMMICR,LAB CEDAR RPP?OS DES MOINES 157 (1) Applicability. a• Whenever the total number of parking spaces required or provided in a new parking area for a use exceeds 18 parking spaces, the requirements of this section shall be applicable. These requirements shall also apply in the following instances: b• This section shall apply to an existing parking area under the lfollowing conditions: 1. If the number of parking spaces in an existing parking area is increased to exceed an area which accommodates 78 parking spaces, the parking area in excess shall comply with the requirements of this section. 2. If an 'existing parking area, which exceeds 18 parking spaces, is increased in area, the additional parking area shall comply with the requirements of this section. 3. If an existing parking area does not consist of a permanent dust -free surface and is required to be surfaced or altered in any way, the provisions of this section shall apply as if the parking area had not previously existed. C. Whenever a .residential building is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by. more than 10 percent, the requirements of paragraph (2) shall be applicable to the entire lot. d• Parking ramps, covered parking areas, and parking areas that are an integral, part of a building shall be exempt from the requirements of this section. (2) Required tree planting for residential uses. Trees shall be planted an,,a lotwith a residential use and meet the following conditions: a• The speciAs to be planted shall be listed in the "List of Recommended Trees for Iowa City" or permitted by the City Forester. b. Trees shall be planted at the minimum ratio of one tree for every 550 .square feet of total building coverage of the lot. (Where residential uses are combined with other uses, the building coverage shall be determined on the basis of the greatest amount of residential floor area of any floor that is wholly or- partially ,devoted to a residential use.) These trees shall be in addition to the trees required to satisfy the requirements of Sec. 1- _(a)(2) and (b)(3). ...-...MICROFILMED. BY__._..._._) t JORM MICRLAB 1 CEDAR RAPIDS - DES MOINES I ■ 1 158 C. Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. d. Trees shall not be located within a triangular area at street intersections, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. (3) Required tree planting for parking areas. Trees and tree islands shall be provided within and abutting the perimeter of the parking area(s) and meet the following conditions: a. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as appropriate for parking areas or permitted by the City Forester. b. Tree islands shall be located so every parking space or portion thereof is not more than 40 feet from a small size tree within a tree island or 60 feet from a medium or large size tree within a tree island. C. Tree islands shall be locatedas to separate' parking spaces from drives and alleys as in the illustration below. f L . i f d. Each tree island shall not be less than 170 square feet in area for trees allowed in small islands (the length of the tree island shall not exceed 20 feet) and shall be not less than 350 square feet in area for trees not allowed in smaller islands as indicated in the "List of Recommended Trees for Iowa City." e. Tree islands shall be separated from parking spaces, drives, and alleys by an unmountable curb or a barrier a minimum of five (5) inches in height. The curb or barrier shall be constructed in such a manner that saltwater j runoff will not. damage the tree. 14ao r .._...._._,..MICROFILMED .BY t JORM MICR¢LAB S CEDAR RAPIDS • DES MOINES I 159 f. Trees allowed in small tree islands shall be planted within required tree islands at the ratio of one tree for each 170 square feet of tree island area. Large or medium size trees not allowed in smaller islands shall be planted within required tree islands at the ratio of one tree for each 350 square feet of tree island area. g. Trees allowed in small tree islands shall be located a minimum of four and a half (4=s) feet from the edge of a tree island and trees allowed only in large tree islands shall be located a minimum of nine (9) feet from the edge of a tree island. h. Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. (c), Installation. All, tree plantings required by this section shall be installed prior to occupancy. or commencement of a use. If the plantings cannotbe installed prior to ,occupancy or commencement of a use, .the Building Official may grant a delay to the seasonal calendar dates of June 1 or.November 1, whichever occurs first. (d) 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. t .J.. ._._.:.. MICROFILMED..BY... DORM: MICR+LA13 -CEDAR RIIRIbS • DE= MOINES 1 I 160 DIVISION _. PERFORMANCE STANDARDS Sec. 1- General. (a) New uses. Any use established in the commercial or industrial zones after the effective date of this Chapter shall comply with the minimum Performance standards contained in this Division. (b) Existing uses. Existing commercial and industrial uses which are not in compliance with the performance standards. contained in this Division are exempt except where the degree of non-compliance clearly results in a nuisance. Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered provided that the addition or change conforms with the applicable performance standards. (c) Certification. When necessary, the Building Official may require of the applicant certification by a registered professional engineer or other qualified person, at the expense of the applicant, that the performance standards for a proposed use can be met. Sec. 1 Requirements. (a) Smoke. The emission of smoke from any operation or activity shall not exceed a density or equivalent opacity permitted below. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used. (1) In the C zones and ORP Zone, the emission of smoke darker in shade than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion process beyond lot lines is prohibited. (2) In the I zones, the emission of smoke darker in shade than Ringelmann No. 2 from any chimney, stack, vent, opening, or combustion process beyond zone boundary lines is prohibited except that the emission of smoke of a shade not to exceed Ring- elmann No. 3 is permitted for not more than three (3) minutes total in any one eight (8) hour period when starting or cleaning a fire. (b) Particulate matter. No person shall operate or cause to be operated any processor furnace or combustion device for the burning of coal or other natural or synthetic fuels without using approved equipment, methods or devices to reduce the quantity of gasborne or airborne solids of fumes emitted into the open air exceeding a rate permitted below at the temperature of 500 degrees Fahrenheit. For the purpose of determining the adequacy of such devices, these conditions shall apply when the percentage of excess air in the stack does not exceed 50 percent at full load. The foregoing requirement shall be measured by the A.S.M.E. Test Code for dust -separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerndd. 19aa MICROFILMED BY ,.....i JORM MICR#LAB I` 1 CEDAR R410S • DES MOINES 1 i V .........III Z t. I 161 (1) In the C zones and ORP Zone, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or *a total from all vents and stacks of one-half (�) pound per hour per acre of lot area during any one-hour period. (2) In the I zones, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of three (3) pounds per hour per acre of lot area during any one-hour period. (d) Toxic matter. The release of airborne toxic matter from any opera- tion or activity shall not exceed the fractional quantities permitted below of the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not listed, verification that the proposed level of toxic matter will be safe and not detrimental to the public health or injurious to plant and animal life will be required. The measurement of toxic matter shall be on the average of any 24-hour sampling period. (1) In the C zones and ORP Zone, the release of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values beyond.lot lines. (2) In the I zones, the release of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values beyond zone boundary lines. (e) Odor. The emission of offensive odorous matter from any operation or I activity shall not exceed the odor threshold concentration defined in the• American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" as the level which.will just evoke a response in the human olfactory system when measured as set forth below. (1) In the AG and C zones and ORP Zone, odorous matter shall not exceed the odor threshold concentration beyond lot lines at ground level or habitable elevation. (2) In the I zones, odorous matter shall not exceed the odor threshold concentration beyond zone boundary lines at ground level or habitable elevation. (f) Vibration. Earthborne vibrations from any operation or activity shall not exceed,the displacement values below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in .three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum. permitted displacements shall be determined by the following formula: { .._M1CROfILMEDaY II •.� l JORM MCR+LAB 4 S CEDAR RAPIDS DES MOINES 1 N, 162 K D = f where D = displacement in inches K = a constant given in table below f = the frequency of the vibration transmitted through the ground in cycles per second b. at R zone, 0.003 0.006 0.015 recreational area or school boundary lines (g) Glare. Glare or light from any operation and all lighting for parking 'areas or for the external. illumination of buildings or grounds shall be directed or located -in a manner such that direct or. indirect illumination from the source; of light shall not exceed one and one-half (1'h) footcandl.es at lot lines in any R zone or C zone where a residential use is located:, (h) Sewage wastes. The following standards shall apply to sewage wastes at:the,point.of discharge into the public sewer. (1) Acidity or alkalinity shall; be neutralized within pH ..range from six (6.0) to ten and one-half (10.5). (2) Wastes shall contain no cyanides; no chlorinated solvents in excess of one-tenth (.1) ppm; no sulphur dioxide or nitrates in excess:of 10 ppm; no chromates in excess of 25 ppm; .no chlorine demand greater than 15 ppm; no phenols in excess of five one - hundredths (.05) ppm. There, shall be no more than 25 ppm of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable origin in excess of 300 ppm. No -waste listed in this -section shall contain any insoluble substances exceeding a daily average of 500 ppm (if exceeded, the City may apply a cost surcharge) or failing to pass a No. 8 standard sieve or having a dimension greater than one-half (1/2) inch. 5 r._. _._.__.MICROFIWED .BY. _.__...�. JORM MICR+LAB }{j CEDAR RAPIDS • DE: MOINES 1 Constant K by Type of Vibration Zone and Place of continuous impulsive (at less than Measurement least one second 8 pulses rest between per. 24-hour pulses which do period not exceed one second duration) C Zones and ORP 0.003 0.006 0.015 Zone: at lot lines I Zones: a. at zone 0.030 0.060 0.150 boundary lines b. at R zone, 0.003 0.006 0.015 recreational area or school boundary lines (g) Glare. Glare or light from any operation and all lighting for parking 'areas or for the external. illumination of buildings or grounds shall be directed or located -in a manner such that direct or. indirect illumination from the source; of light shall not exceed one and one-half (1'h) footcandl.es at lot lines in any R zone or C zone where a residential use is located:, (h) Sewage wastes. The following standards shall apply to sewage wastes at:the,point.of discharge into the public sewer. (1) Acidity or alkalinity shall; be neutralized within pH ..range from six (6.0) to ten and one-half (10.5). (2) Wastes shall contain no cyanides; no chlorinated solvents in excess of one-tenth (.1) ppm; no sulphur dioxide or nitrates in excess:of 10 ppm; no chromates in excess of 25 ppm; .no chlorine demand greater than 15 ppm; no phenols in excess of five one - hundredths (.05) ppm. There, shall be no more than 25 ppm of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable origin in excess of 300 ppm. No -waste listed in this -section shall contain any insoluble substances exceeding a daily average of 500 ppm (if exceeded, the City may apply a cost surcharge) or failing to pass a No. 8 standard sieve or having a dimension greater than one-half (1/2) inch. 5 r._. _._.__.MICROFIWED .BY. _.__...�. JORM MICR+LAB }{j CEDAR RAPIDS • DE: MOINES 1 163 (i) Storage. (1) The open storage of materials and equipment shall not be permitted in any zone except the I-1 and I-2 Zones provided that the following requirements are met: a. Storage of materials and equipment shall be completely screened from view as required in Subsection (j) below. b. All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. (2) The bulk storage of flammable liquids and chemicals, when stored either in underground or above -ground tanks, shall occur no closer to the lot line or any principal building than the distance indicated by the following table: Minimum Separation Distances Water Capacity Underground Above -Ground Per Container Containers Containers Less than 125 gals. 10 feet None 125 to 250 gals. 10 feet 10 feet 251 to 500 gals. 10 feet 10 feet 501 to 2,000 gals. 25 feet. 25 feet 2,001 to 30,000 gals. 50 feet 50 feet 30,00�to10,000 gals. 50 feet 75 feet 70,001 to 90,000 gals. S0 feet 100 feet The distance may be reduced to not less than 10 feet for a single- container of 1,200 gallons water capacity: or less, provided such a container is at least 25 feet from any other container of more than 125 gallons water capacity. (j) Screening. Where a lot occupied by a commercial or industrial use abuts or is across a street, highway, alley, or railroad right-of-way from an R or ORP Zone, a school, or a recreational area including a park, playground or the Iowa River, screening shall be preserved, planted or constructed and maintained by the owner of the commercial or industrial - use in accordance with the provisions set forth below. In the instance where a 'lot occupied by a manufactured housing use, located in an RMH Zone, abuts or is across the street from an RR -1 or RS -5 Zone, screening, in' accordance with the provisions set forth below, shall also be provided by the owner of the manufactured housing use. (1) Location. a. Except for a use in the ORP Zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the commercial or industrial use from view at ground level within the lot lines of an R or ORP Zone, or school, abutting or located across the street from said commercial or industrial use. 7_.. ,�, _ MICROFILMED. BY ... F. t JORM MICR+LAB 2 CEDAR RAPIDS • DES MOINES 1 t 1 1 175 and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Secretary of the Board. (4) Written decisions. The Board shall render written decisions { which shall be filed with the City Clerk. (5) Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision, 'is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (f) Commencement of Proceedinas. (1) Appeals. a. By whom. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, or board of the City, affected by any decision of the City Manager or his/her designee,. or by a decision,of the Zoning Code - Interpretation Panel or of the City Manager when the Panel cannot reach a decision. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the City Clerk a notice of'appeal specifying j the grounds therefor. A duplicate" opy of such notice shall be filed with the Board Secretary.. The City Manager or his/her designee shall forthwith transmit to the Board i ,all the, papers constituting the record upon which the action appealed from was taken. b. Effect of appeal. An appeal stays all proceedings in j furtherance of the action appealed from, including, without limitation of the foregoing, a permitee's right to proceed, with development .or other activities authorized under a building permit, the issuance of which is a subject of the appeal, unless the City Manager or his/her designee j certifies to the Board after the notice of appeal shall have been filed with him/her,that by reason of facts stated in, the certificate, a stay would, in his/her opinion, cause imminent peril to life or. property. In such case, ' proceedings or development shall not, be stayed otherwise i than by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the City Manager or his/her designee for due cause shown. (2) Special Exceptions and Variances. Applications for special exceptions and variances shall be filed with the City Clerk. At a minimum, the application shall include the following: F.. � • MICROFILMED BY� I1 l JORM MICR+LAB 1 I 1 CEDAR ROIDS • DES t401NES 1 176 (a) The name and address of each applicant; (b) The names and addresses of the owner of the property in question and of the architect, professional engineer, and contractor, if any; (c) The names and addresses of the record owners of all property located within 200 feet of the property in question; (d) A.map or plat showing the location and record owner of each .property opposite or abutting the property in question; (e) A narrative statement of the grounds offered as support for the special exception or variance; (f) A map or plot plan, 'drawn to scale, of the property in question. (3) Fees. A filing fee shall be paid at the time any appeal or application is filed. .Filing fees shall be as established from time to time by resolution of the City Council. No fee shall be charged for an appeal or application filed by any officer, department, or board of the City. (g) Powers. The Board shall have; the following powers: (1) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the City Manager or his/her designee in the enforcement of this Chapter or of any ordinance adopted pursuant thereto. (2) Special exceptions.. To hear and decide applications for specia•1 exceptions to the terms of this Chapter in accordance with the general regulations of the:zone in which the property is located and specific standards contained herein. a. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking 'areas,- driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed opera- tion, and such other evidence as deemed appropriate. b. Standards. - In order to permit a special exception, the Board must find that the standards set forth in this Chapter with respect to the specific proposed exception shall be met, and that the general standards detailed herein shall be met or are not applicable: 1. That the specific proposed exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. MICROFILMED .DY- 1 JORM MICR+LA9 r -CEDAR RPPIDS • DE- MOINES �1 19RO ....... _... 164 b. In an ORP Zone, screening shall be provided in a location and manner sufficient to effectively obscure all off- street parking and loading, storage, or other such areas of activity from view within the lot lines of the R Zone or school. C. In an RMH Zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the manufactured housing use from view within the lot lines of residential development in an RR -1 or RS -5 Zone. d. In,all instances where street right-of-way, which acts to separate the lots on which said uses are located, is one hundred (100) feet or wider, screening shall not be required. (2) Screening materials. a. A planting screen of pyramidal arbor vitae, the plantings being at least three (3) feet high when planted and spaced four (4) feet on center; may be used. Other evergreen varieties may be used if approved by and spaced according to the City Forestor. The planting bed shall have a minimum dimension• of five (5) feet, be` free of any impervious surface,and be separated from streets, drives and parking areas by an unmountable curb or barrier in such a manner that sand and saltwater runoff will not damage the screening. b: Where a planting screen cannot be expected to thrive because of intense• shade, soil or other conditions, a solid fence of durable construction,. an earthen berm covered with grass, or low shrubs and/or other acceptable materials which provide maximum visual obscurity to a height of six (6) feet at maturity may be used if approved by the City Forester. (3) Time of installation. a. If a lot proposed for.a commercial or industrial use is located adjacent to or opposite an existing residential use or subdivision in an R Zone, or a school, screening as required herein shall be installed prior to occupancy or commencement of a use. The City Forester may grant a delay to the seasonal calendar dates of June 1 or November 1, whichever comes first. Similarly, if a lot or space intended for the placement of a manufactured housing use is located adjacent to, or across the street from an existing residential development in an RR -1 or RS -5 Zone, the owner of the manufactured housing use shall provide screening as described herein. �.. \.,.. __._...MICROFILMEO.BY. _._...� 4 JORM MICR+LAB •CEDAR RAPIDS • DES MOIIIES 1 � 1 165 b. If "a" above is not the case, screening need not be provided until within six (6) months after a building permit is issued for a residential use or a school, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. (4) Exceptions. a. Where a proposed or existing commercial or industrial use is or 'will be located adjacent to or opposite a City recreational area, screening may be waived upon the granting of a special exception from the Board of Adjustment for the following reasons: 1. If adequate existing or proposed landscaping within the recreational area is or will be provided. 2. If the nature of a use and the building(s) occupied by the use are not objectionable to the purpose of the recreational area. b. Screening may. be. waived by the Building Official where the view is or will be blocked by a change.in grade or by the natural or man-made features as determined by the Building Official. (5) Maintenance. The owner shall keep, all screening properly maintained, free of trash and,litter and all plant materials pruned in such a manner as to provide effective visual obscurity from.the ground to a height of at least six (6) feet. 4 ' CED , MICROFILMED.DY_RM JOMICR+L AS AR RAPIDS • OE_ MOINES 1 j 19ao, 1 166 DIVISION NONCONFORMITIES ti Sec. 1- Intent. It is the intent of this Division to restrict and eventually eliminate nonconforming uses because they have been found to be incompatible with permitted uses in the zone involved. However, single family uses shall not generally be treated as noncomforming uses. Nonconforming buildings shall be regulated to prevent an increase in the degree of nonconformity. The lawful use of any building or land existing on the effective date of this Chapter may continue although such use or land does not conform with the provisions of this Chapter. Sec. 1-_. General provisions. (a) Structural alterations. Structural alterations may be made to nonconforming buildings to meet the minimum requirements of other city codes. (b) Unlawful use not authorized. Nothing in this Chapter shall be interpreted as authorization for the continuance of the use of a structure or land in violation of the zoning regulations in effect prior to the enactment of this Chapter. (c) Single family dwellings treated as conforming. Notwithstanding any other provision of this Chapter, (1) Any single family use of a building, which was a conforming use prior totheeffective date of this Chapter, shall be treated as a conforming use for as long as the building is used as a single family dwelling. (2) In all'R zones,.a nonconforming building used as a single. family dwelling prior' to the effective date of this Chapter, may be rebuilt, repaired, or structurally altered for such use, so long as such rebuilding, repair, or structural alteration does not increase or extend the degree of nonconformity. Sec. 1 Nonconforming lots of record. (a) A building for any use permitted in a zone, or for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% of its assessed value, may be erected or reconstructed on any nonconforming lot of record on the effective date of this Chapter notwithstanding the lot's failure to meet the requirements of the zone for lot frontage, width and/or area. However, in all R zones, except the RM -44 and RM -145 zones, only a single family dwelling and accessory buildings or a nonresidential use may be erected on any lot which fails to meet the requirements of lot area for a duplex or multi -family dwelling. (b) A single family dwelling on a non -conforming lot may be rebuilt, repaired or structurally altered provided such construction does not increase the degree of nonconformity with lot yard and area requirements. f .._.MICROFILMED.BY .. I JORM MICR+LAB 4 CEDAR RAPIDS • DEC MOIRES 1 I i l 167 A two-family or multi -family building located on a nonconforming lot which does not meet the lot area requirements may be repaired but shall not be reconstructed or structurally altered. (c) If two or more abutting lots or portions thereof become in single ownership, the land involved shall be deemed a single parcel for the purposes of this Chapter and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot frontage, width and area requirements. Sec. 1-_ Nonconforming uses. (a) Except as provided for single family dwellings in Sec. 1- (c) above, no existing structure devoted to a use not permitted [Ty—this Chapter in the zone in which it is located shall be enlarged, reconstructed, relocated on the lot or structurally altered except as provided herein. Structural alterations to single family dwellings shall i be permitted provided all other requirements are met. i (b) Except as provided for single family dwellings in .Sec. 1- (c) above, no nonconforming use may be extended through additional parts of a building(s) nor occupy any land outside such building(s) not occupied on the effective date of this Chapter. (c) A non -conforming use may be converted only to a conforming use. If it is converted to a conforming use, it may not be converted back to a non- conforming use. j(d) Except as provided for single family dwellings in Sec. 1- (c) above, a structure devoted to a nonconforming use which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% of' its assessed 'value, shall thereafter conform to -the provisions of this Chapter. If the building were devoted to a single family use, or any other use, where such -damage is less than 100% of assessed value, such building may be restored to the same nonconforming use as existed before such damage. (e) A nonconforming use of land may not be extended to occupy a greater area of land than was occupied on the effective date of this Chapter nor may additional structures be erected in connection with such non- conforming use of land. (f) Any nonconforming use of land or buildings which has ceased by discontinuance for a period df one (1) year shall thereafter conform to the provisions of this Chapter. (g) A nonconforming use shall be permitted to have the same amount and type of signage as would be allowed for such use in the most restrictive zone in which such nonconforming use is allowed. Sec. T Nonconforming buildings. Any building which contains a conforming use but could not be built under the terms of this Chapter by reason of restrictions on area, lot 4 dICROFILMED_.DY.�.._ JORM MICR+LAB ` _ CEDAR RAPIDS DES MOINES I i � ) 11, M. - coverage, height, yards, its location on the lot, or other requirements' concerning the structure, may continue subject to the following conditions: (a) Except as provided for single family dwellings in Sec. 1- (c) above, any nonconforming building, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% of its assessed value, shall thereafter conform to the provisions of this Chapter. In the case of a single family dwelling, or any other use where such damage is less than 100% of assessed• value, such building may be restored to the same degree of nonconformity as existed before such damage. (b) No nonconforming building may be structurally altered in a way which increases or extends its nonconformity. A nonconforming building may be structurally altered in a way which will not affect or will decrease the degree of nonconformity. (c) Any nonconforming building containing a conforming use may be converted to another conforming use, provided there shall not result an -- - - -:increase in the-degree.of nonconformity. .(d) Any building which is relocated on the same lot shall thereafter - conform to the provisions of. this Chapter. JORM MICR�LAB I CEDAR RAPIDS DES MOINES 1 1, 169 DIVISION _. IMPLEMENTATION Sec. 1- Enforcement. (a) It shall be the duty of the City Manager or his/her designee to enforce this chapter. It shall also be the duty of all officers and employees of the City and especially all members of the Police Department to assist the City Manager or his/her designee by reporting to him/her any new construction, reconstruction, land uses, or other seeming violations. (b) Appeals from a decision of the City Manager or his/her designee in enforcing this chapter may be made to the Board of Adjustmnet as provided in Section 1- Sec. 1-_. Building and occupancy certificates. i No building or construction may be undertaken in the city until, a building permit has been issued by the City Manager or his/her designee for such building or construction. No change in the use or occupancy of land, nor any change of use or occupancy in an existing building/ other than for single-family dwelling purposes, shall.. be made, nor shall 'any new building be occupied until a certificate of occupancy has been issued.by the City Manager,or his/her designee. Every certificateof occupancy shall state .that the new occupancy complies with all provisions of this Chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued -before the application has been made for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A .record of all certificates of occupancy shall be kept on file in the office of the City Manager or i his/her designee. A certificate of occupancy may be obtained for nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be accompanied by' affidavits of proof that. such nonconforming use was not established in violation of this Chapter after July 26, 1962. Sec. 1- . Rules of construction for boundaries of zones. (a) Where uncertainty exists with respect to the boundaries of various zones as shown on the zoning map accompanying and made a part of this Chapter, the following rules apply: (1) The boundaries, of the zones are the centerlines of either streets or alleys unless otherwise shown, and where the zones designated on the map accompanying and made.a part of this Chapter are bounded approximately by, street or alley lines, the centerlines of such street or alley shall be construed to be the boundary of the zone. (2) Where the boundaries of the zone are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the boundaries of the zone shall be construed ►9ao r.. .._.141CROFILMED. BY.... _...' - ` JORM MICR+LAB I { i CEDAR R419S • DES 1401NES (1 7 ,1 i 1 a i i l 170 to be the lot lines and where the zones designated on the zoning map accompanying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise indicated on the map. (3) In separate tracts not subdivided and in unsubdivided property, the zoning boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map. (b) In interpreting and applying the provisions of this Chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction this Chapter shall control. Sec. 1--. Amendment of ordinance. (a) The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 45 days, it shall be considered to modification ve or change. approvingort f er he h recommendation nd tioosed amendment and report ethe Commissioamendment,lhave pplement,lechange,Council shall modificationbeorrrepeal*, enacting oldYa proosd hearing in relation thereto, giving at least 15 days notice of the'time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of. Iowa City. The Council may set such public hearing either before or after it submits such proposed amendment, supplement, change, modification or repeal to the Commission for its recommendation, or during the period while the Commission is considering such matter. (b) If the Commission recommends against, or 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, either of the area of the lots included in such proposed change; or of the area of those abutting lots extending the depth of one (1) lot or not to exceed 200 feet therefrom in any one (1) direction perpendicular to a side or rear lot line; or of the area of those lots directly across a street extending the depth of one (1) lot or not to exceed 200 feet from the street frontage of the lots, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the Council. (c) Before any action shall be taken as provided in this section, the Party or parties proposing or recommending a change in the district or ti MILROFIL14ED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 i n 171 zone regulation or district or zone boundaries shall deposit with the City Clerk such filing fee, if any, as the Council may from time to time establish by resolution for petitions for rezoning. (d) No building permit for the erection of any building or structure or license or permit for the conduct of any use shall be issued for a period of 60 days after the City Council of Iowa City has set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone an area, if the building or use contemplated by the requested permit would not be permitted in that area under the proposed zoning classification. Provided, that if final action by the City Council is not taken on the question within 60 days of the time the matter is set for public hearing, the permit or license shall issue. If within the 60 day period the City Council shall enact an ordinance amending the Zoning Ordinance the provisions of said Zoning Ordinance as amended shall thereafter be in effect. If within the 60 day period the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. (e) If a permit for a building or structure has been issued for a particular area but no substantial part of the construction has been commenced at the time, if the City Council shall set a public hearing on the question of amending the Zoning ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all i construction and other action shall be suspended for a period of 60 days after the setting of the public hearing. Provided, however, that if final action, by the City Council is not taken on the question within 60 days, construction may be commenced. If within the 60day period the City Council shall enact an ordinance amending the Zoning Ordinance, the i provisions of the''Zoning Ordinance as amended shall be in effect 'and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand. automatically revoked and terminated. If the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The suspension of viork under the provisions of this Ordinance may not be invoked and are not applicable if previously said permit has been suspended under the provisions of this Chapter. (f) No property or area within the City shall be subject to the suspension provisions of this Chapter unless 12 months shall have expired after a previous- suspension period, said 12 month period to commence with the final day of the 60 day suspension period provided for in this Chapter. (g) The Planning and Zoning Commission may recommend to the City Council amendments,, supplements, changes, or modifications to this Chapter or to the boundaries of zones or to the zoning of particular tracts. If the Commission initiates a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but may be set for public hearing forthwith. 19av ' . MICROFILMED BY .1 JORM MICR+LAB l y -CEDAR RbPIDS • DES MOINES f 1 J 172 Sec. 1- . Violations. (a) The owner or manager of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall- exist, or who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Chapter, shall be subject upon conviction, to imprisonment not to exceed thirty days, or a fine not exceeding $100.00. Each day that a violation is permitted to exist after proper notice shall constitute a separate offense. (b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, the appropriate authorities of the City of Iowa City, in addition to other remedies, may institute injunction, mandamus or other appropriate action or. proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation; or to prevent the occupancy of said building, structure or land. Sec. 1- . Annexation. (a) Voluntary annexation:- All applications for voluntary annexation of .land to the City of Iowa City shall, in addition to the necessary require- ments for annexation, designate the zoning classification which the applicant wishes for his 'property. Upon receipt thereof, the application shall be referred to the Planning and• Zoning Commission for recommendations on both the annexation and the requested zoning. The Planning and Zoning Commission shall have the same time periods for its consideration -as in any rezoning matter. The Commission may recommend approval of 'the requested zoning or the denial thereof. In the event the Commission recommends denial, it shall make an additional recommendation as to what zoning classification it recommends. A copy of its report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for Public Hearing, prescribing the same notice requirements as for a rezoning application and shall specify the zoningclassification recommended by the Commission. If the Council approves the zoning classification recommended by the •Commission, it shall be' set by ordinance. A zoning classification other than that recommended by the Commission shall not become effective except by the favorable vote of three-fourths of the members of the Council; and an application for voluntary annexation not recommended by the Planning and Zoning Commission shall not become effective unless approved by a favorable vote of three-fourths of the members of the Council. The resolution providing for annexation shall be acted upon by the City Council at the time the Council takes action on the zoning classification. � I 1 MICROFILMED. BY l r JORM MICR¢LAB { CEDAR RAPIDS DES F101NES r r-. 173 In the event an applicant does not designate a zoning classification in the application for voluntary annexation, no Public Hearing shall be required and the property may be annexed and shall be classified in the Ag zone and shall be subject to all provisions'of the Zoning Ordinance. (b) Involuntary annexation: Whenever, after Public Hearing thereon, the City Council shall determine that involuntary annexation proceedings should be undertaken against lands to be annexed, the matter shall be referred to the Planning and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said recommendation, the City Council shall set the zoning classification for a Public Hearing, prescribing the same notice requirements as for rezoning application and specifying the zoning classification(s) recommended by the Commission. If the Council approves the zoning classification(s) recommended by the Commission, it shall adopt an ordinance setting forth the various zoning classifications for said lands. The Council may approve a higher or more restrictive classification for all or any part of the lands to be annexed than recommended by the Planning and Zoning Commission. However, prior to approval of any lower or less restrictive classification, the Council must send the matter back to the Commission for its recommendation on the lower classification(s). In the event the matter is returned to the Commission subsequent to the Public Hearing, a new Public Hearing shall be held thereon after the Commission forwards its report and recommendation to the Council. If the Commission recommends against the lower classification, i,t''shall 'not become effective except by a favorable vote of three-fourths of the members o' the Council. ,.,. ..MICROFILMED. BY`-- JORM MICR+LAB -CEDAR RAPIDS • DES MOINES 1, ff 1 )f ■ I 177 2. That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. That establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in -which such property is located. 4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. That, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. 7. That the proposed use shall be consistent with the short range Comprehensive Plan of the City. i C. Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construction commencement and completion dates, lighting, operational controls, improved traffic cirdulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other requirement which the Board deems appropriate under the circumstances upon a finding that they are necessary to fulfill the purpose and intent of this Chapter. (3) Variances. To authorize upon appeal in specific cases such i variances from the terms of this Chapter as will not be contrary to the public interest, where owing to special conditions there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this Chapter. No variance to the strict application of any provision of this Chapter shall be granted by the Board unless the applicant demonstrates that all of the following elements are j present: 17ILRDFILMED.DY_._..___� l JORM MICR+LAB r i CEDAR RAPIDS - DES MOINES I f 178 a. Not contrary to the public interest. (1) The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. (2) The proposed variance will be in harmony with the general purpose and intent of this Chapter, and will not contravene the objectives of the Comprehensive Plan. b. Unnecessary hardship. (1) In cases involving requests for variances from the use provisions of the zone in which the applicant's property is located, that the property in question cannot yield a reasonable return if used only for a purpose allowed in such zone, or (2) In all other cases, that there are practical diffi- culties in the way of carrying out the strict letter of this Chapter. (3) The owner's situation is unique or peculiar to the property in question; it is not shared with other landowners in the area nor due to general conditions in the neighborhood. (4) The hardship is not of the landowner's own making. C. Conditions. In permitting a' variance,. the Board may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construction. commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other requirement which the Board deems appropriate under the circumstances, upon a finding that they are necessary to fulfill the purpose and intent of this Chapter. (4) Interpretation. To interpret this Chapter in any case where it is alleged there is an error in any decision, determination, or interpretation made by the Zoning Code Interpretation Panel or by the City Manager in cases where the Panel was unable to reach a decision regarding the meaning of the provisions of this Chapter. Interpretations rendered by the Board hereunder shall be binding upon the City Manager or his/her designee in the enforcement of this Chapter. (h) Petition of certiorari. Any person or persons jointly or severally aggrieved by any decision of the Board under the provisions of this Chapter, or any taxpayer, or any officer, department or board of the City __....�. ...._... ^1 MICROFILMED BY _:._... JORM MICR+LAB •CEDAR RAPIDS • DES MOINES 179 may present to a court of record a petition duly verified setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the City Clerk. I, - _.__..MICRDFLLMED BY_.___..� ... JORM -MICR+LAB • CEDAR RxPw' S • DES MOINES I` i i i i 9 !i I i I 41 AG P 1 510 c E wy AG General Agricultural RR 1 Rural Residential f` FIS 5 Low Density Single family :4 RS B Medium Density Single Family RS 12 High Density Single Family RM 12 - ' .tow aonow M.M.F.mllY -- "'- ' ---- '------ I; RM 20 Medium Density Multl•Family _ ..;D RNC 20 Neighborhood Conservation Residential RM M High Donslty, MultbFamilY RM 145 High Rise Mult4Famlty RMH Manufactured Housing Residential " �3 PDH Manned Developmenl Housing C01 Commercial OlRce CN 1 Neighborhood Commercial cc Community Commercial CB 2 Control Business Service CB to Central Business CH Highway Commercial Cl / Intensive Commercial ORC River Corridor Zone (rotor to ORC maps) OHP Historic Pieservatlon Zone (rotor to OHP map) .. OC, OCL. OH, OF Airport Zones (rotor to "Airport O"FtGY Map") u!1' ORP Office and Rosoarch Park 11 General Industrial 12 Heavy lnduddal P Public -- Approv%100 yr. Floob%oln Boundary(rotor to "Flood Hword Boundary Map") - i I I I l: JORM MICR+LAF3� - CEDAR WPM • RES MOVIES �1 i { L. C ...\VII l3 VNIV(N311♦ OI lo.. .u, WE y NIEn SdooV P _ .JN Y�l� S5 IIPDk "Fa 8 w v ^1; V 1 1 "UNIVERSITY P ti� Y1 - RS5- P 1 �• M cN i RS c 5 _ fRM 24. RM1 RS 8 r :EIEC AG RSS AG Ing [ ORC maps) _ I11 for to OHP mop) bd OVOrIGy MOP") Iounaary (folef to i wc+ SL.ecc -Ail CN1 RS 8 Yt♦Y�NN��'�� \\ PDH 8 RS 5 u I I I RS 8 - Cil 111111 11i l r p,V 1 � I VN�VLRSIL l„+ I •/ �\� - .. -- i A�NO�b�NN�MI}�N��M�ff��N�NN�� \ j c 6 ��yrlaM - -- _RMH R RS8 - -"� RM H 1 1 AG 2R - o \ � sLn• AG -----RM12 / - RS8 �rrlk / / 1 RM,20 Y1 4 RRI rP �.r r ' t . RS 5,, -- re , AG I - • � + I I i ► Y , RM44 - -- - _ � / f/` _(— d—.i fl �1 / I� •1. �Illd�l � .=1 cs.um A, ptiWtJ - 1 _I L3tIk1lir- _ ® Ii n �I L LMH uI __ _ m.. ' P _t A v ! 5M u. i. S �11� ,� • � I l��" a I- =1. I! �i i r P I t R .t2/ R Q M - � - �• - - - 1 � l � �i r - •�. — P _F. RM12 F i _- i M RS8 �� :_ -- _ --, 1 1L _ .. .....G/ - � .ts: Inf 1F77- I 5 j r n 1 / �'. coI i _ < I p SLC I{�]v ti Q�l ' ��I�S : ' / .� I{ �I Ir I I1 ! iit i II I1R11 l L r{ t14z� 1 1, L Lij 1/ u I Lu Jl , Ill,[RXN JCf,tRXM 5. 1 P \'/ BW hLiGN Si BIMI t / \ ,� 1 !1�nI .•.W. r. Ir+L -11111 ' 4F _ 1 ,�wwmaiu,aai •. ,`` � I 'li 1 �` •i � ,�� I, 7�. - -� • 1.4 �� \ r1LRR15 }� � 1 DMI or SS :•1 R S `. L • 1I�IvI�fi I � nl c. � R P '1�_._.'�., .\ �,'i - RMH RM 12 ,- on - 3 \I j/ I� l� f1rflf' ! �� i• \P 41 1 KE I •\� 11 �1/ Itil !41 i• � , � � _ i.�'f Ill / ! ORP 1 A AG CH I Co I C01 Hi p A. RRI 0) AG RS 5r - S8 A R Al Tri M, MIA 19MM iOiJ RM;A2 5 v7;1 T77 p RS5 I /C RSS Ai IT m P CID 7. 7 DH 8 ........... Dn RM 'RM12 P 20 ....... 12, P PDH.. lclfa 4V p P 2 ml � 11, RS12 LJ L JER�i oil TT- L r RM Jl 20 I L Au .... ...... P RS5 P • J -7 P...... ------ ...... ...... . . . us HIC.I*Al W. G c i I.Irl 1p Rt8 RS 5, RS8`l O] RMJ2 l•R 5s� �I RM44IJ —p IL �rUU$�!urLu., RS5 Lt RS5 "gym o til iITR RM 7 Fr I ua• I I [IR r I. _ 8 < / ssnwL,o„ s sN1 r 7 � RM RM 11 pi� �um:,c+oN n eun 1 f -i""'--1 .1 � •�� y. I� �. .. I - p 20 Mi _ P PDH FFT,— L12 0 �L 1L�� ' _ • _tel 1 1 I r S1 [HT1 >I I _" j11 7 Zr0 RM12 P !' w - _ - ., l7L•'IT7 � $-8' -.�� ..'jl 11) � 1 I I: I It: [ ''- � '- �� i a �'� RS72 I...� LM - 7 � � - � I I..• � _ LL!! LLJJ�� , � , 0011' I I -R58 -iiI" - - -•-`I L„YIYLL�JJ I — 'fi 1i,1f- ' l—.Tr w I, '/ RS5 - I 1 `CC�2- ,• I � , R (. � �r1171' It�•�� E � ....,r.. , RMH JJRM 12 - ; L LE t- r�IIIr1. ;, RM44 P r RMH c w AG RR1 Al N-NN�N YNaY YYaY N YYI�YY�Y�MYYf•Mf•MM I : i 1 RR 1 �RS12 AG _- r ti AG Col RRr R ,.12 ca Rnu �00 P ice` CJ f i < , RSS F[F I Sim ORP f y CHI CO 1 I w AG JI� .i rRSD — w ZOO Ul P •;�,. RS5 P 1 til \ r llaSK- I 1 R ,.12 ca Rnu �00 P ice` CJ f i < , RSS F[F I Sim ORP f y CHI CO 1 I w AG JI� .i rRSD — w ZOO Ul P •;�,. RS5 P 1 til \ r llaSK- Ll , • RS 8 I : RK32 R15 71 p _6. - _]t RS5 - �! '�- - 1 i RS5 R�2 F mmol :IFE RM 20100 - � i r cr ' ✓.. i R f n ti� RM� RM12 ?trw'� , Y/} 1-.: _ Lam,, !r• I 20 Li 412 �' ' —J numuuuuuuw L „ ..I -♦ .. PDH 00/0 � _� ; iP�; ,9 ►, � �• , -ooze =_''• ..`�' �./--_ �- `1 �"1 �`., I ,. p CIIl7 -1 [i�jj1 r _ _'� go RM12 ••,P; B '•�19=�I 111 ( i RS72 .. f Vmnulr. 0 O a q 1°G7I�i18��u s 2O l' NI 1980 p IOWA i\r CITY RS5n IOWA I REVISED: 92VS3 J C . .�j, THIS I MAP MRS PRIGtlD u3 XILnuT x. f RT TNI DLPARTMINT Of �I _ PLANNING AND PROGRAM 1 \ ` DIVILOPMFNT R T !li {a•,Y. S� _ M1..1.. L••... 0 8001 12 - r , 4 1 _ 103 ro w. r ( '\ = TSI ('Irp / i ,• T'IIFri - - "* RM44 M1 cN 1 AO RMH •.� I'�oPd�L RR1 YYNNM�N NN�MY�YYW�WY YWY ?co s P 518 CN V RS.'8. PDH 5 RR,. RS5 r ill I iIAG ICON , , , I P ss -- CN } RS RS 8 PDH 5 RS5 RR1 J^ . ►_ . e AG Iifs 101A P 518 F1 Rs 8 Pnw 5 RSS AG ( Ae' col Cil IRS 9 c I A RMH \V �M C LO El PDH RSS 8 4 P CN 1. RS 5 A7/ RS 8 S5,. R 5 p p -T ITMLA KRJRJ vaw—WMA R M44 IAIt r ;�r�r�M•e�MN�weNv��ww�wv��wnMwwM�WN��r ::- _ --� RMH- R R 1 — RMH - '' , . 2M %G R sV. .� AG RS ill n , al f RSB 01 �RM20 ip RSt of, le 110 J RM44 l P ter ti=' P r I �f LK -0L$ tai` flyllu., nrM7 77 r9 �• \ ! np Slr�� III lei U P tj T l� S 1 `��= � ��• ;4 J�r t4i�' IJ:� ( �Y jZJ I ((i ��-.jf,,j1 .� 1 1Ifi1I [fit-• � ' LI �``r� , -- . �Lr sj —� ' �- - lk '�� .��r -^--li L w� � ti 1 `• �, �— J •C, 4 RI1 i j.' ,ir12 ,1 .,.•..,. R 20 .i_l� ��;�• ..� I = 1 RSeT I t_ �\'1 r t l.. '•_ I =I L a T, ` , . I �\ P' f r_Z --' � '. i . I , r IDE -1) { ''.i L -' • � RS$ J� j t n2C �--�1—F^ [� C C 1 \- ,a1 L �� r J_ R S&I Al 12 44 F J: -1 L P... LLA N-1 Ij PE RM Ail J A E T-1 I FT D t 7 F J1 �Fln Mot EF 77 FR Li LD L T7i ul 4 i,1. -1. i R 1 TT TT - W4 ill 2j -C H Li R -IT jj I id FD7 R RS S T- $1 UHTk LA L� B If cc 7F1L. p J L dC/2 AM Ta p 2 J I \P AX ell % II I Will N A p RS AG ORP f l AG -7 b — CO] CHI _..,.,...OM1.A.P.:�.i...,....,e..............r � ;', 'M RMH -- RR 1 CO1 , IS 8 %j RS12 CH1 P RR1 O AG R P ! ,. �!se1-17 I- RM ,P -G1.] ' AG i RS 5. 71� RS- - %RM12` � V rt TI r f(f l 1760 I ! 11�I�r1lFIft ? ' % \ 'RS5 rF�j ST FM MEPIL III MLI� �. n.. ! i 20 _,.. �. �. / •.\ j-" ' r,ti�ll J LB I • � i i'r'-•�' .� 111 �. 1 i.' .:.1�. � � , .'!,. '� •'� �� - 7\`` ... ' l .' - 1 .: .. M. HD 1� s' e.. ell,R P1 20 12 PDH jpj _ � 1Y �� \ � _ • ( 8 411 7 Roe RM12 cc , y � l._ ,. - ❑U � � � _' X11 !, :, ! 1 rJI) I L �-, C ,.i RM 1 -i:.,;•• + nss T � y LJ 0 , , �[- `fq � I J; l f RS8 r Y rRM12 a�5 , RM44 F F_! 7!JrD \ v .. ; W LJI JAL ] I J LL' ��< m nag 18 I� I i }_� _ RS5 P .c �m Lnrpej, 'Oil RM - 1 car y, c 2OCO rcnsa I I xrtcnson sr � „•tip - �/�% �r � •� H N ..w+ y Am 10it I'IR y'�I��-..:�,i�i� ' �• RM RM12 1 'C1 � �' n � P }_ t I - /�f+; •'' r ... -r s��!_—. 1 G -::m , III CN1 �I I Zr0R M 12 �P 1 • - j �... Rs12 HIS 1 y' till'' r It ='gym / _ p .... - \ RS5 I, CI-- li R PL = us xlc... r w • � of alt' - "'• RMH ' RM 12 _�_ ��i`ri��:i i �!�- ':j., �;,/. •,:r; RS5 Lr_,�m 4111 RM44 ,..p.. I P - oN Np i r II AG R MH.�1 I „ I R\ R IN N YY WYWM�NN�NMiN NN�NN-N boa -W 2719 A-------------- --- � ORP r AG AG C H 1 CO 1 LW NMiMNNMN - ._ / R 1 12 col CHI p �. RR1 O. R- !i �SB r. a � AG i 00 \... _ ' G, , IL"12; 1, Ur I j , Jam. R$5 _ R. /12 M20 I .r. 17(q' ,I�j,li � l�. •., � ...%f� Il i:.:, Q1V1 �'-�. � �_ b r }� :-' '• 4 ---_ - YI�� a'i 1 1 it i t I 1 � �,•` � r- . � - ,�i' p DH ;'1 1 D f R 1 20 I I',�.- ��- ��P �'�\� r ' 7•� � " �� ...... � nnunurnmunnn .PDH p � LrU R M 12 RS12 -- _ COI ! i 2 r — -■ I ra C i. 1980 IOWAC0 1 Rsa v P CITY (� I IOWA RS5 RM i 20- � DHAP RM RM12 POS E .1T,� �\� i CNl C VrEr \J 1 RS12 V"' 2 C RM 1I A e RMH RR1 ICEDAR WPM • DE: 140INES P IL1980 IOWA CITY IOWA EVISED:, 9/27/83, IS MIP "S PREPARED THE DIPARIMINT OP ANNING AND PROGRAM VEIOPMENT G ' 6001 ro„ 183. 7NC oEP 2 71983 MARIAN CITY CLERK (3) l�. CITY OF CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA CITY IOWA 52240 (319) 354.1800 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING COMMISSION: HOUSING COMMISSION One vacancy - Unexpired term September 27, 1983 - .May 1, 1984 Duties of the Housing Commission members include investigating, studying, reviewing and analyzing the housing needs and the meeting of such needs Within the City of Iowa City and investigating and determining if slum areas exist or other areas where there are unsafe, unsanitary or overcrowded housing conditions, and studying and investigating and making recommendations relating to the clear- ing, replanning and construction of slum areas and providing dwelling places for elderly persons and persons of low or medium income. The person appointed to -this position also will serve as a member of the Housing Appeals Board. Iowa City appointed members of boards and commis- sions must be qualified voters of the City of Iowa City. This appointment will be made at the September 27, 1983; meeting of the City Council at 7:30 P.N. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, 410 East Washington. Application forms are available from the Clerk's office upon request. ..._..__.,_MICROE.ILMEO.BY-.__.-..L . JORM MICR#LAB. { CEDAR RAPIDS • DES MOINES tp I �9y3 i f 3 I i �1 September 27, 1983 HOUSING COHAISSION - one vacancy for an unexpired term, September 27, 1983 to May 1, 1984 \\\ Gary L. Goodwin 412 Bjaysville Lane #3 Charlene M. Knox 1100 Arthur G-3 I JORM MICR+LA9 11 -CEDAR. R61DS • DES MOINES 6 1 y 1f i i f I JORM MICR+LA9 11 -CEDAR. R61DS • DES MOINES 6 1 CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After Councilreviews nall happlicatil applications during dtheeinOformalawork sessiion.ri expired, The appointment the announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY. ADVISORY BOARD/COMMISSION NAME Housing Commission TERM Finish unexpired NAME Gary L. Goodwin HOME ADDRESS412 Bjaysville Lane #3 term Is your home address (listed above) within the corporate limits of Iowa City? Yes OCCUPATION Clerk III EMPLOYER College of Dentistry PHONE NUMBERS: HOME 354-4237 = UI BUSINESS 353-5450 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALITY YOU FOR THIS POSITION: I am holding and have held a variety of committee and related positions. For example: Chairman -Board of Directors -Daily Iowan-May83 to present; two term member of the University of Iowa Press Editorial Review Board; arbitrator -Better Business Bureau, Inc. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? This commission has the important function of reviewing the marginal or poor housing facilities that sometimes occur here in Iowa City as well as hold. WHAT CONTRIBUTIONS 00 matter on such 00 YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? I can commit the necessary time and effort needed to achieve a full understanding of each case and issue as it is presented. , Also, I bring the skills of review and Judgement learned from my preyious comm ee wor Specific attention Chapters 362.6, 403Ah1 22of the Code of Iowd be directed to a. Should youible be uncertain whethereornnotia Potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES �NO � YES NO � � � 0 If you are not selected, do you want to be notified? tls� This application will be kept on file for 3 months, pf 2 11983 February 1583 MARIAN K. KARR CIN CLERK (3) 19e13 4 f _.. .. MlmoO ILMED.aY {I .IORM MICR+LAO 1 1 t .CEDAR RAPIDS - DES MOINES - ,1 E � { I I i - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on cards Commissions play an important role in advising the Council on matters of interest to our community and in Iowa City. its future. Applicants must reside The City Council announces Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After Council reviews nall happlications du announced ngdtheeinformal awork sessiion. The appoidvertising eriod has ntment the announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY. ADVISORY BOARD/COMMISSION NAME I _ NAME ^ TERM 5 I� HOME ADDRESS 00 Qr-ji - -Z Is your home address (listed above) within the corporate limits of Iowa City? OCCUPATION PHONE NUMBERS: HOME EMPLOYER(— - 2 BUSINESS5+�l� EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALITY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF WHAT CONTRIBUTIONS 00 YOU FEEL YOU FOR APPLYING)? 7— k,,,, , MAKE TO THIS (OR STATE REASON Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a Potential conflict of interest exists, contact the Legal Dept. Will �+, haY a �onflct Of interest? __YES MO —NII, u 0 If you are not selected, do you want to be notified? YES YhJf D This application will be kept on file for 3 months. 2 21983 February 1983 MAE!KARR CIN : LERK (3) 19 Y3 4 I MICROFILMEO BY JCRM MICR#LAB CEDAR RAPIDS • OE: MOINES 1 Sept-..aer 21, 1983 5 Westview Acres Iowa City, Ia 52240 City Council Io+ua City, Iowa 52240 Th all City Council Members: I am writing to oppose rent controls. While I do sympathize with those attempting to find reasonable housing in Iowa City and feel many units are overpriced, there are many reasons why I feel controls would not be a satisfactory long-term solution: 1. Rent Control will discourage investors. If an investor feels he will not be able to get a reasonable return, he will not invest in Iowa City, creating increased shortages. 2. Rent control takes the control over one's van property and gives to to the goverment, which certainly smacks of Socialism to me. In most Socialistic states about which I have read, the housing must wait situation is critical -- the quality is poor, and people years to get any kind of apartment. Government control just doesn't _ work. 3. It will decrease the number of in-house apartments. People who are fixing up their homes to rent out a small unit to help make ends meet are afraid that they will not have a good return on their investment and,that they will have little or no control over their own home. 4. It appears that little or no consideration would be give owners the condition of the apartmento t, rpeti would certainly repairs, etc.) .from making improvements (new carpeting, paint, In that case .the renter is the loser, I would urge the City Council to avoid this step which will ultimately benefit neither renter nor landlord. Sincerely, f(. Evelyn B. Scott _ .�MILROPILMED BY. i JORM MICR+LAB i CEDAR RAPIDS • DEC MOVIES 190 I 0 T lom (.Ity • IOWd rR -N' Q September 23, 1983 Mayor Mary Neuhauser and City Council Members Iowa City Council Civic Center Iowa City, IA 52240 Dear Mayor Neuhauser and City Council Members: The Board of Directors of the Greater Iowa City Chamber of Commerce has unanimously voted to request that you do not pass the proposed "Fair Rent Ordinance". We believe that if passed, it would work to the severe detriment of our community. Specifically, we are concerned that it will frighten away prospective firms that might otherwise wish to locate here. Passing an ordinance such as this is really telling the world that Iowa City has lost its faith in the functioning of the private market place. This, is a premise that we reject out of hand and hope that you will reject it too. In addition we believe that its passage would result in an immediate and severe decline in the construction of new rental units in Iowa City. Because construction dollars circulate several times before they leave the community,. this would cause an unnecessary drop in local economic activity. Finally, we are concerned that if it passes, assessed values of residential rental property will be lower than they otherwise would be with the result that part of the property taxes normally paid by rental property will be added to other commercial property tax bills, creating another disincentive for firms.to locate here. Additionally we are concerned that part of the shift in property tax burden will fall upon the single family home owner who has done nothing to earn the additional tax burden. For ,these reasons we request that you cast your unanimous vote to reject the proposed ordinance. Sinrely, Le at erman President Chamber of Commerce LB:nl Greater Iowa City Area Chamber of Commerce P.O. Box 2358 Iowa City, Iowa 52244 (319) 337-9637 1 w •«,..:o: »+ MICROEILIIED BY _ 1 l DORM MICR LAB l ` CEDAR ROMS • DE= MINES r i The University of low Iowa City, Iowa 52242 Graduate Program In Urban and Regional Planning 11 N 347 Jessup Hall LLLIII SEP 221983 (319) 353-5001 MARIAN K. KARR September 22, 1983 CITY CLERK (3) To: Mayor and Members of the City Council 1841 From: Dr. Mickey Lauria, Graduate Program in Urban and Regional Planning, The University of Iowa Subject: The Fair Rent Ordinance It has been brought to my attention that there is some confusion concerning the method of calculation of fair rents in the ordinance. The formula used in the proposed ordinance was developed in a housing market class in my department at the University. The graduate students in the class generated the formula based on the lessons learned in other municipalities and under the guidance of Professor James Harris and myself. The development of the formula was based upon real estate and housing market factors and operations with the intent to be fair to both landlord and tenant while preventing excessive rental prices. I.have read the changes in the formula that Mr. Rhodes proposes in his memorandum to you dated September 21, 1983. These changes are needed to facilitate the operation of the ordinance but I would also recommend two additional changes. First, that only the first method of equity calculation be used - that is the assessed actual value method. The reasoning behind this suggestion is that landlords have incentives to keep assessed actual values low in order to keep their assessed taxable value and thus taxes low. At the same time they, and financial institutions, have incentives to use more lucrative capitalization rates to increase the market value and thus equity calculation, and corresponding dollar amount of profit. The use of the assessed actual value method, only, will force 'landlords to increase their property taxes if they wish to increase their equity calculation. Thus the city may receive more tax income from rental properties. Second, I suggest that rents be frozen at the prices charged six months prior to the enactment of the ordinance. The reasoning for this change is that it appears that reactionary landlords may artifically increase their rental rates if the ordinance appears likely to pass in the council or through the electorate. If the council has any further questions concerning how the fair rent calcula- tion works, e.g., would like to see an example worked out, estimates of time necessary to make the calculations, etc., please feel free to contact me. jj.....___:__ -. _. .,. ... _ I_., M]CROFILMCD_BY,. t J-0 ORM MICR(+/LAB ` S CEDAR RAPI05 • DES MOINES q�l MEMORANDUM ANALYSIS OF PROPOSED RENT CONTROL ORDINANCE FROM: Greater Iowa City Area Apartment Association Prepared by - Mark T. Hamer MEARDON, SUEPPEL, DOWNER & HAYES I. INTRODUCTION The proposed rent control ordinance is now before the Iowa City Council (and -ultimately the Iowa City electorate) pursuant to the city charter's initiative and referendum procedure. This procedure dictates that the Council may not amend the ordinance before consideration nor, if adopted by the electorate, for a period of two years after passage. Therefore, the proposed rent control ordinance must be closely examined in its present form. After a careful analysis, the Greater Iowa City Area Apartment Association has concluded that this proposed ordinance is illegal, administratively unworkable and counter-productive to the housing needs of Iowa City. The Apartment Association has further concluded that if this ordinance were adopted, it would create a costly bureaucratic mechanism which would be ineffective while stifling new housing growth in Iowa City. Therefore, while the Apartment Association opposes all rent control on philosophical, legal and practical grounds, this Memorandum will focus on the major legal and administrative objections to this particular proposed ordinance. II. RENT CONTROL IN THEORY The theory of a rent control ordinance is that a local government can bring "fairness" to inequitable bargaining conditions faced by tenants in communities with severe housing shortages. In the last ten years, the push for rent control legislation has been based on the generally rising rate of inflation and the demand for housing. Proponents of rent control maintain that rents have become exhorbitant within the last decade. The experience of those communities which have enacted rent control ordinances has shown that the theory does not work. These cities have exper- ienced inequitable application of any benefits from rent control, decreased construction in the housing industry, inhibited mobility among renters, inefficient utilization of housing units, black marketing, increases in public housing versus private housing and limited control of rising prices. In large part, the theory has failed because the underlying assumptions were inaccurate. While proponents of rent control maintain that rents have become exhorbitant within the last decade, they ignore the fact that rent has _._.,....171CROFILMEO.DY_. _. JORM MICR+LAB CEDAR R4!0, s • DES MOINES ! , i f ii i 1 MEMORANDUM ANALYSIS OF PROPOSED RENT CONTROL ORDINANCE FROM: Greater Iowa City Area Apartment Association Prepared by - Mark T. Hamer MEARDON, SUEPPEL, DOWNER & HAYES I. INTRODUCTION The proposed rent control ordinance is now before the Iowa City Council (and -ultimately the Iowa City electorate) pursuant to the city charter's initiative and referendum procedure. This procedure dictates that the Council may not amend the ordinance before consideration nor, if adopted by the electorate, for a period of two years after passage. Therefore, the proposed rent control ordinance must be closely examined in its present form. After a careful analysis, the Greater Iowa City Area Apartment Association has concluded that this proposed ordinance is illegal, administratively unworkable and counter-productive to the housing needs of Iowa City. The Apartment Association has further concluded that if this ordinance were adopted, it would create a costly bureaucratic mechanism which would be ineffective while stifling new housing growth in Iowa City. Therefore, while the Apartment Association opposes all rent control on philosophical, legal and practical grounds, this Memorandum will focus on the major legal and administrative objections to this particular proposed ordinance. II. RENT CONTROL IN THEORY The theory of a rent control ordinance is that a local government can bring "fairness" to inequitable bargaining conditions faced by tenants in communities with severe housing shortages. In the last ten years, the push for rent control legislation has been based on the generally rising rate of inflation and the demand for housing. Proponents of rent control maintain that rents have become exhorbitant within the last decade. The experience of those communities which have enacted rent control ordinances has shown that the theory does not work. These cities have exper- ienced inequitable application of any benefits from rent control, decreased construction in the housing industry, inhibited mobility among renters, inefficient utilization of housing units, black marketing, increases in public housing versus private housing and limited control of rising prices. In large part, the theory has failed because the underlying assumptions were inaccurate. While proponents of rent control maintain that rents have become exhorbitant within the last decade, they ignore the fact that rent has _._.,....171CROFILMEO.DY_. _. JORM MICR+LAB CEDAR R4!0, s • DES MOINES 7 had the lowest rate of inflation of the major components of the Consumer Price Index from 1967 through 1980. Proponents theorize that rent control protects the poor and elderly from unfair rents. However, they overlook the fact that rent control randomly distributes a benefit without regard to the economic and social needs of renters. In Iowa City, for example, renters include doctors and dentists who come for one or two years of post -graduate work, visiting professors on one year sabbitacals and retired couples who own condominiums in Florida or Arizona. The greatest benefit of rent control, therefore, accrues to the tenants who occupy the highest priced units at the time the ordinance is passed. Generally, the enactment of rent control ordinances has discouraged new construction in private housing. Where a rent control community is in proximity to a non -rent control community, there is an incentive to avoid the rent control community. Additionally, developers will turn to the construction of owner occupied structures, such as condominiums. Frequently, communities which have enacted rent -controlled ordinances have subsequently found it necessary to enact condominium conversion ordinances to protect the poor and elderly from displacement as a result of condominium conversions. Although tenants are generally given the first opportunity to purchase their unit when a building "goes condo", the elderly and poor often will not have the financial resources to purchase the unit. Rent control also inhibits mobility and creates an inefficient utilization of units. In communities where rent control artificially maintains the rent structure at a lower rate, persons living in rent controlled units will be unwilling to move to smaller units which may be more suitable as family size decreases. There is, obviously, an incentive to remain in rent controlled units rather than to move to new units which may be closer to a job. As a result, prospective renters will find it more difficult to move into the controlled area in proximity to their new schools or jobs. As new construction decreases, there is a pressure to increase public housing to meet the housing need. From 1971 to 1973, there was a 67% drop in privately financed housing construction in Boston while significant increases occurred during that period in other cities. In Washington D.C., there was a 92.4% drop in multi -family construction after the enactment of rent control. In Britain, private rental dwellings decreased from 61% of dwellings in 1947 to 14% of dwellings in 1977 with a substantial increase in public housing. III. COMPARABILITY WITH RENTS FRO14 OTHER COMMUNITIES Proponents of rent control have presented evidence to the city council regarding the average rents in Iowa City as compared to Cedar Rapids, Daven- port, and Waterloo. However, these statistics fail to recognize that the housing stock in these other communities is simply not comparable. For the �..... _ _111CROFILHED aY. ...F._..f JORM MICR+LA9 1 CEDAR RIFRIDS • DEL MOINES ' 1 1 1 r q�l , ij s 9 _ . 6 �4 j q�l , S i I 3 last several years, Iowa City has undertaken the most rigorous housing code enforcement in the state. As a result, the low end of the spectrum, housing which may be categorized as unsafe and unsanitary, has been removed from the housing market. By removing this bottom category from the market, the "average" apartment in Iowa City will appear to be higher priced. In order to make a meaningful comparison, an analysis of comparable apartments should be made. This analysis would consider location, size, condition and amenities. A two bedroom apartment with air conditioning and a swimming pool, for example, should rent for more than an apartment without these benefits. In addition, other factors have contributed to rents which are higher in Iowa City than in other communities. Iowa City has made a conscious choice to legislate changes in housing standards, zoning standards and building regulations to provide high quality housing. Enforcement of the higher standards has been vigorous. The other communities used for comparison do not have this same commitment to quality or comprehensive land use regulations. These communities do not experience the same level of expenditures by developers for open space, ample parking, storm water management, trees, and site plan review under the large scale residential development ordinance. The cumulative effect of these regulations may well be to provide Iowa City with the highest quality housing in the state, but it also increases the cost of apartment units. The comparison of average rents also does not.take into account the economics of these various communities. While Iowa City, as a University community, has experienced a relatively low unemployment rate, Waterloo, Cedar Rapids and Davenport have experienced high unemployment rates. With a depressed economy, landlords must lower their rents in order to fill their units. In addition, developers had over -built in some of these communities. Many landlords in Cedar Rapids are experiencing a 23% vacancy rate. Some landlords have reduced their rents to below cost in order to reduce their losses. These circumstances do not reflect conditions which can be utilized to establish a fair comparison between communities. IV. POWER TO ENACT RENT CONTROL Under the common law rule of municipal corporations, the state possesses all police power relating to any municipal affairs, subject only to the federal and state constitutions. Thus, before a community can enact rent control, the state must sufficiently delegate its police power to the munici- pality. Andrade, Toward a Definable Body of Legal Requisites for Rent Control, 10 U of California at Davis Law Review 273 (1977). Opponents of.rent control have successfully attacked municipal ordinances on the ground that the state's delegation of police power was insufficient to allow such enactments. Old Colony Gardens, Inc. v City of Stamford, 156A 2d 515 (Conn. 1959); City of Miami Beach v. Fleetwood Hotel, Inc., 261So 2d 801 (Fla. 1972). MICROFRMED BY.._..____I. ...� ` JORM MICR+LAE I -CEDAR 11619S • DES MOINES I f 4 In analyzing decisions from various states, the source of the police power and the language used in the delegation of the police power must be considered. Four sources of police power exist as possible bases for a valid local rental control ordinance: specific enabling legislation, constitutional or legislative home rule, or the City Charter. In some jurisdictions, "charter" cities are granted more extensive powers. This is not the case'for Iowa City. Thus, Iowa City's authority to enact a rent control ordinance must be grounded in either specific enabling legislation or the home rule grant. ENABLING LEGISLATION , i In most cases, municipalities have enacted rent control ordinances pursuant to specific enabling legislation. This is the case in Alaska, Connecticut, Maine, Maryland, Massachusetts, Florida and New York. Lett, Rent Control, pp. 61-71. In Florida and Massachusetts, municipalities had attempted to enact rent control ordinances prior to the passage of enabling legislation. The courts held that the municipalities had exceeded their authority and that the ordinances were invalid. Marshal House, Inc. v. Rent Control Board of Brookline, 266 NE 2d 876 (Mass 1971); City of Miami Beach v. Fleetwood Hotel, Inc., Supra. The Supreme Court of Mississippi found no specific state delegation of k the power to enact rental control despite the existence of a constitutional 1 home rule provision. Tietjens v. City of St. Louis, 222 SW 2d 70 (Mo 1944). i HOME RULE 4 , Home rule grants are either legislatively or constitutionally based. In Iowa, Home Rule is based on a constitutional amendment. A constitutional home 1 rule provision usually delegates certain police powers to a municipality without reserve. The delegation may be either self-executing or non self- executing. A self-executing constitutional delegation is one which enables f municipalities to act pursuant to that delegation without the need for any j other authority. Under.a non self-executing constitutional delegation, however, the muncipality must receive a further grant of power from the state legislature. 10 University of California at Davis, Supra p. 294. California is a constitutional home rule state with a self-executing delegation. Id, p. 293. As a result, the authority of California cities to enact rent control ordinances has been upheld. The Rent Control Controversy: A Consideration of the California Experience, 4 Glendale Law Review, 105 (1982). _j In New Jersey, the legislature granted broad police powers to municipal- ities, with the following language. "The general grant of municipal power contained in this article is intended to confer the greatest power of j local self government consistent with the constitution of the state...." NJSA §40:691-30 (1950) i .•,• ___...MICROFILMED BY.... JONM •MICR+LAB CEDAR RAPIDS • DES MOINES 1 4 5 The Supreme Court of New Jersey held that a municipality had authority to enact a rent control ordinance pursuant to its broad home rule powers. In Inganamort v. Burrow of Ft. Lee, 293 A 2d 720 (NJ 1972). See also Colorado Constitution Act XX §6. IDA HOME RULE However, the California, Colorado and New Jersey cases, which have upheld local ordinances without specific enabling legislation, do not lend support to the proposition that a municipality in Iowa may enact a rent control ordinance without specific enabling legislation. The Iowa Legislature enacted the following home rule constitutional amendment: "Municipal corporations are granted home rule power and authority, not inconsistent with the laws of the General Assembly, to determine their local affairs and government, except that they shall not INCONSISTENCY WITH STATE LAW That home rule power must not be inconsistent with the laws of the General Assembly raises a question of preemption. In Pennsylvania v. Nelson, 350 US 497, 502 (1956), the United States Supreme Court stated three standards to be .._._..__MICROF I LMED. aY_. DORM MICR+LA6 -CEDAR RA • DES MOINES 1 1 1 d I a k j have power to levy any tax unless expressly au- thorized by the General Assembly. The rule or proposition of law that a municipal corporation possesses and can exercise only those powers granted in express words is not a part of i the law of this state." Iowa Const. Art. III §40 <_? (1968). r This provision is termed a limited self-executing constitutional home rule. Under this grant of home rule, cities are given the power to govern their local affairs subject to such limitation as their state government shall prescribe. The limited self-executing type of home rule clearly gives cities controls over certain of their affairs independent of the legislature's authority. Cities may act subject only to such restrictions as the legislature i may place on them. The legislature retains a residual power under the limited j self-executing grant of home rule to intervene and legislate in a given area. i Such legislation would control cities under this form of home rule. Scheidler. Implementation of Constitutional Home Rule in Iowa, 22 Drake Law `I Review 294, 302 (1973). The Iowa Home Rule Amendment contains three limitations: (1) the home frule power cannot be inconsistent with the laws of the General Assembly; (2) the home rule power must be exercised only with regard to local affairs and government; and (3) the local home rule power does not include the power to levy taxes. Scheidler, 22 Drake Law Review 294, at 304. The proposed rent control ordinance is affected by the first two of these limitations. INCONSISTENCY WITH STATE LAW That home rule power must not be inconsistent with the laws of the General Assembly raises a question of preemption. In Pennsylvania v. Nelson, 350 US 497, 502 (1956), the United States Supreme Court stated three standards to be .._._..__MICROF I LMED. aY_. DORM MICR+LA6 -CEDAR RA • DES MOINES 1 1 1 d I a k N used in determining whether the federal government had occupied a field of law to the exclusion of state regulation. These tests are: (1) Is the scheme of federal regulation "so pervasive as to make reasonable the inference that Congress left no room for the state to supplement it"? (2) Do "the federal statutes touch a field in which the federal interest is so dominant that the federal system must be assumed to preclude enforcement of state laws on the same subject"? (3) Would state action present "a serious danger of conflict with the administration of the federal program"? Such tests appear to be quite adaptable to questions involving the state/city relationship. In utilizing this analysis, Chapter 562 A of the Code of Iowa, (the Uniform Residential Landlord and Tenant Law) establishes a scheme of state regulation "so pervasive as to make reasonable the inference" that the state left no room for cities to supplement it. Section 562 A.2 (2) states that the purpose of the Chapter is (a) "to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant and (b) to encourage landlord and tenant to maintain and improve the quality of housing." Section 562 A.9(1) states "the landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this Chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of the parties." The detailed provisions of Chapter 562A, particularly the cited provisions, indicate an intent by the state legislature to provide comprehensive regulation of the landlord/tenant relationship. The proposed rent control ordinance would be in conflict and inconsistent with this legislative scheme. In contrast to other chapters of the Iowa Code which provide detailed regulation, Chapter 562 A does not authorize additional or supplementary municipal regulation. For example, the State Civil Rights Act, Chapter 601 A of the Code of Iowa contains the following provision: "Section 601A.19 Local Laws may implement this Chapter. Nothing contained in any provision of this Chapter shall be construed as indicating an intent on the part of the General Assembly to occupy the field in which this Chapter operates to the exclusion of local laws not inconsistent with this Chapter that deal with the same subject matter...." With regard to motor vehicles and the law of the road, §321.235 and §321.236 of the Code of Iowa outline in detail the types of traffic regulations which local authorities may enact. The omission of a provision permitting local regulation of the landlord/tenant relationship indicates an intent by the state to preempt the field. Moreover, the ordinance may conflict with Federal law. 24 CFR §403.5 provides that the Department of Housing and Urban Development (HUD) will . ._... __..__..MICROFILMED.BY'' JORM MICR+LAB `1 I CEDAR 114IDS • DES MOINES ' 19�a1 7 preempt the regulation of rents by a rent control board when the Department determines that the delay or decision of a board prevents the mortgagor from achieving a level of residential income necessary to maintain and operate adequately the project, which includes sufficient funds to meet the financial obligations under the mortgage. As a result, inequitable differences may result in the rents of comparable units based upon the applicability of HUD regulations. LOCAL ACTIVITY In Iowa, the grant of home rule powers was explicitly limited to local affairs and government. Most contemporary courts accept without question that rent regulation is not a purely local activity. 10 University of Califor- nia at Davis, Supra p. 293. In Marshal House Inc. v. Rent Review and Grievance Board, 260 NE 2d 200 (Mass 1970), the Massachusetts Supreme Judicial Court stated: "Regulation of rents in one community may have impact elsewhere on land use, new housing con- struction, the mortgage market, conveyancing practices, the adequacy and use of recording systems, and other similar matters. Various considerations might_ reasonably leave the legis- lature, if it deals with rent control, (a) to impose general restrictions and conditions on local rent control, and (b) to take into account circum- stances in more than one community in determining the existence of an emergency permitting legis- lation and the form of such legislation." The proposed rent control ordinance will clearly have ramifications beyond the Iowa City boundaries. Consistent with this view, an Assistant to the Iowa Attorney General has opined that an Iowa City rent control ordinance would be invalid. V. UNDUE DELEGATION Although a legislative body may delegate some authority to an adminis- trative body, such delegation must be a reasonable one permitting the admin- istrative body only to "fill in the details" to accomplish a general purpose or policy announced by the legislature itself rather than abdicate to the administrative body the right to legislate. Elk Run Telephone Co. v. Gen. Tele- phone Co., 160 NW 2d 311 (Iowa 1968). §XI(e)(3) of the Rent Control Ordinance provides, in part, that the board may issue rules changing the definition of "reasonable rate of return" after two years as well as the formula, should it become confiscatory. The board may also issue rules defining fraudulent conveyances. Inclusion of a definition of fraudulent conveyances seems to indicate that restrictions on the sale of property, with the recalculation of a reasonable rate of return, will also be included. Both limitations on the conveyance of property and changes in the definition or formula for a reasonable rate of return constitute substantive amendments which can only be effected by ...... _._,...MICROFILMED BY.... _. JORM MICR�LAB •CEDAR. RXRIDB • DES MOINES I ju N M an ordinance amendment by the city council. §364.3(1) of the Code of Iowa provides that a city shall exercise a power only by the passage of a motion, resolution, an amendment or an ordinance. In Cedar Rapids Human Rights Commission v. Cedar Rapids School District, 222 NW 2d 391, 400 (Iowa 1974), the court upheld the authority of a munici- pality to create a commission with quasi-judicial powers with appropriate standards.and safeguards: "Where a statutory board, commission or officer or other tribunal or agency is lawfully given adminis- trative or limited quasi -legislative or quasi- judicial authority or duties, such authority or duties must not include any substantive legislative or judicial powers that may not be delegated, and such authority must be duly defined and limited by laws complete in themselves in prescribing delega- ted authority...." Accord: Kugler v. Yocum, 445 P2d 303 (Calif 1968). The proposed ordinance, as written, clearly goes beyond these limits. VI. INTERFERENCE WITH PRIVATE CIVIL RELATIONSHIPS In the staff memorandum to the City Council, the Iowa City city attorney dealt extensively with the impact of the proposed rent control ordinance on private civil relationships and concluded that this ordinance would be an' invalid interference in these relationships. The Apartment Association concurs in this view. Section 364.1 of the Code of Iowa provides that "This grant of home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an exercise of an independent city power." Broadly defined, private law is the law governing civil relationships including such fields as contract, tort and property law. Municipal Home Rule Power: Impact on Private Legal Relationships, 56 Iowa L. Rev 631(1971) The proposed ordinance clearly interferes with the contractual relationship of landlord and tenant and the ability of a landlord to convey property. VII. SCOPE OF ORDINANCE The proposed ordinance goes beyond the traditional commercial landlord and tenant relationships. In Iowa City, landlords include professors on sabbatical who seek to rent their single-family homes for a semester or academic year, individuals who rent out a room, a portion of their home or half of their duplex.Many of these individuals will be deterred from renting because of their unwillingness to submit information regarding their personal finances, particularly, the equity in their home. Since interest payments are included in the calculation of reasonable rate of return, property owners with substantial equities in their homes may not be able to charge enough rent to make it worthwhile to rent their homes for brief periods or to rent a portion of their home. In addition, two individuals who own comparable homes on the same street will find their rents set at substantially different rates based upon the difference in their interest payments. MICROFILMED. .BY_._.._._...�I. . ' JORM MICR+LAB t •CEDAR RXIDS • DES MOINES ` 1 )( i i I ; i VJ VIII. ORDINANCE FINDINGS A finding of need must be made to invoke the police powers under Iowa Home Rule. The findings in this ordinance are not supported in fact. First, is the demand for private housing in the city increasing? This may be true. Certainly the Apartment Association hopes that it is true. However, projected enrollments at the University of Iowa indicate that enrollment will begin to level off within the next few years. The more relevant question is whether the housing stock available in the city is adequate to meet the projected increase in housing demand. The Apartment Association believes that rent control will diminish the ability of the private housing market to maintain adequate stocks of housing to meet any potential increase. Second, do city policies addressing the quality of housing and life in the city, as evidenced by activity in housing code enforcement, zoning and planning and development, work to reduce the potential number of dwelling units in the city? City records for building permits do not support this position. For 1979-1981, a total of 373 new units were built. In 1982, a total of 594 units were constructed. And, in 1983 an estimated 538 new units were constructed in Iowa City. The building records simply do not support the contention that housing code and zoning code enforcement reduces construction. Third, have economic conditions in the local housing construction industry slowed the increase in newly constructed dwelling units in the city? Obviously, the construction experience in Iowa City during the summer of 1983 indicates that this finding is without basis in fact. The drafters of the ordinance then propose a finding that the private housing market is not providing tenants with decent, safe and sanitary housing at a fair rent. Vigorous housing code enforcement, coupled with a strong housing code, has eliminated the vast majority of unsafe and overcrowded housing in Iowa City. No other community in Iowa has the level of decent, safe and sanitary housing as that enjoyed in Iowa City. The "fairness" of the rents being paid must be judged in this light. Fairness cannot be determined by comparing Iowa City rents with those of Waterloo, Cedar Rapids and Davenport. The Apartment Association respectfully requests that the City Council make a specific determination that the findings as proposed in this ordinance are not supported in fact. IX. PURPOSES OF THE ORDINANCE i i The City Council (and the Iowa City electorate) should take careful note I of the purposes of this particular ordinance. The stated purposes of the i ordinance are to "insure" that tenants in existing and newly constructed residential dwelling units enjoy decent, safe and sanitary housing at fair (MG I � ani �.•.. ._.__...MICROFILI4ED.BY._. JORM MICR+LAB CEDAR RAPIDS DES MOINES I Io rental values while being able to "provide a fair and efficient procedure" to insure that landlords receive reasonable rates of return on their investment. Upon careful evaluation of the procedure of the ordinance, the Apartment Association has concluded that this ordinance will not allow landlords to maintain the quality of housing currently enjoyed by tenants in Iowa City. The Apartment Association has further concluded that the ordinance does not provide a procedure whereby landlords can either ascertain in advance the return they will receive on their investment or "insure" that the rate of return will allow landlords to make any profit. To the extent that landlord profits are not "insured", the value of housing as an investment in Iowa City will decline, new housing starts will be reduced, if not eliminated, and an aura of uncertainty will encompass the financing of residential rental units. The inability of this ordinance to provide a fair and efficient procedure to insure that landlords will receive a profit on rental units will lead to a decline in the quality of housing for tenants. It is the conclusion of the Apartment Association that this particular ordinance inherently cannot satisfy either purpose as set forth in the ordi— nance. X. ORDINANCE DEFINITIONS A major problem of this ordinance is its lack -of definition. The drafters of the ordinance have attempted to define "fair rental value" and "reasonable rate of return". However, the effective definition of both of these terms is left to the discretion of a board to be appointed following adoption of the ordinance. The problem of definitions is further complicated by the fact that several important terms in the ordinance, and in particular in Section IX are also undefined. For example, the term "gross rental income" as it applies to the determination of equity is undefined. In addition, the term "capitalization rate" in the same formula is undefined. The lack of clear definitions in this ordinance makes it functionally impossible for anyone to determine in advance . the impact of this ordinance. Anyone supporting the ordinance must rely upon the actions of the Rent Control Board to determine what, if any, rate of return a property owner may have. The Apartment Association submits that such a vacuum of knowledge will create financing uncertainty to the extent that lenders will not be able to determine projections, new construction will be halted and investors will avoid the acquisition of new units. The problem in the definitional area is inherent. Under the City Charter, the City Council may not amend this ordinance for a period of two years after adoption. In this way, the newly created board will be required to further legislate to provide effective definitions. The Apartment Association believes that this is a further undue delegation of the City Council's authority. 1 ' ...MICROFILMED BY.. _..Y. ... JORM MICR+LAB 4 -CEDAR WG IDS • DES MOINES J I L.._.._.._.._.. _. 04( f it XI. THE RENT CONTROL BOARD The drafters of the proposed ordinance have assumed that the composition of the board will fairly represent the interests of various groups in the ri community, whether landlords, tenants, homeowners or others. The ordinance does not guarantee this result and City Council appointments, from time to time, may well affect the balance of the board. A provision analogous to the Compensation Commission which dictates representation from various groups would provide fairer representation. The ordinance provides no minimum qualifications for education or experience of board members. From an administrative standpoint, the ordinance will create a costly bureaucratic scheme. The administrative difficulties will be magnified by the costs to the city. Unreasonable administrative delays can be confiscatory, particularly where relief is only prospective. Helmsly v. Burrough of Ft. Lee, 394 A2d 265 (NJ 1978); Birkerfield v. City of Berkley, 550 P 2d 1001 (Calif 1976). The minimum delay of 120 days in the proposed ordinance before any relief for hardship can be given is clearly confiscatory. i The ordinance provides that no hearing officer shall be replaced by the City Council during service, a period of two months. This provision is in `I conflict with Section 66.1 of the Code of Iowa which provides for removal. of municipal officers by the District Court for neglect of duties or misconduct. j. This ordinance would appear to bar the City from starting proceedings to i remove a hearing officer for misconduct. If such a provision were upheld, the City would incur the expense of two months of potentially illegal decisions y and subsequent appeals. The City could also be held liable for potential i Section 1983 damages for the wrongful taking of property under color of law. I In addition, the ordinance provides that the Board may promulgate appro- priate administrative sanctions and may enforce those sanctions. It also provides that the Board may issue an Order compelling a tenant to sign. Section 622.81 and Section 622.84 of the Code of Iowa authorize administrative i boards to issue subpeonaes and to enforce them through District Court. Section 364.3(2) of the Code of Iowa provides that a city may not provide a penalty in excess of a $100 fine or in excess of 30 days imprisonment for the ! violation of an ordinance. While the I Board has the authority to issue a subpeona and to file a simple misdemeanor complaint for a violation of the ordinance, it does not have other authority to issue orders and impose sanctions. In particular, the provision in the i proposed ordinance allowing the Board to set the rent at the lowest 25th percentile, regardless of the facts, would be an unauthorized sanction. i i The proponents maintain that this ordinance will be enforced by tenants through small claims court and therefore the city will not be burdened with enforcement. However, violation of a municipal ordinance is a simple mis- demeanor. §701.7 of the Code of Iowa. Any tenant can file a complaint in t qo . _.._..MICROFILME6.aY.... _ --- J JORM MICR+LAB E -CEDAR R610s • DES MOINES �� . n 12 Magistrate's Court for violation of this ordinance and the city will be required to incur the costs of prosecution. In summary, the Apartment Association believes that this ordinance is ill- conceived in its administrative scheme and will not provide the type of procedure which will insure either landlord profits or safe, sanitary and decent housing for tenants. XII. TEMPORARY MEASURES The proposed rent control ordinance provides that: (1) Rents are frozen at the level and effect on the effective date of the ordinance and this freeze shall continue for no more than one year. If economic conditions should change severely within the year, this provision could be confiscatory. (2) During this period, no no rental agreements shall be entered into which contain rent levels higher than the frozen level. This provision interferes with the private civil relationship of landlord and tenant. It also creates an incentive for landlords to refuse to enter into lease agreements so that the rent can be immediately raised when a higher level is set. Tenants may be required to live with the insecurity of the. status of tenant at will with eviction on thirty days notice or landlords may be required to accept the rent freeze for up to two years to avoid month to month tenancies. 1 (3) Within ninety days, the Board shall by rule promulgate the ;`I initial fair rental value based on the rents as frozen. �. Since Section VIII provides that landlords shall submit data within thirty days, the Board will have only sixty days to make an analysis and set a fair rent for every dwelling unit within Iowa City. This enormous task could not be done thoroughly and fairly by an unpaid and part-time Board within the time provided. XIII. LANDLORD CERTIFICATION The proposed rent control ordinance provides that: (1) a. Within thirty days, the Board shall issue a rent certifi- cation form which includes the following information: the name and signature of the then - current tenant. R6f �. _ .. _,MICROFILM ED BY_ ( . JORM MICR+LAB -CEDAR RAPIDS • DES MOINES I, EEE I j 13 Particularly in large complexes, it will be very burdensome for the landlord to find and obtain the signature of every tenant. b. Whether the dwelling unit has its own kitchen, bathroom and the number of bedrooms. The form lists very few variables and does not take into account dif- ferences in the location, size of unit, amenities provided (e.g. swimming pool, microwave, dishwasher, air conditioning). It does not consider the quality of apartments - whether it includes a linoleum floor or wool carpeting, flowers or landscaping. Rents based upon comparable units will favor those units which are built and maintained at minimum housing code levels with no incentive to provide a higher level of maintenance and quality apartments. C. Within ninety days, each landlord shall submit a form -i for each unit. i Since the Board must set the fair rental value within ninety days and the certifichtion forms are also due within ninety days, the Board will not have an opportunity to base its fair rental value upon submitted information. I d. The Board shall cross index and file the forms. With the thousands of rental units, the cross indexing and filing of these forms will be extremely burdensom for city staff.. a— (2) If a tenant refuses to sign a form, the Board may, upon ' petition of the landlord, issue an order compelling the tenant to sign. This procedure would be time consuming and expensive for the landlord to (' petition the Board. In addition, the Board does not have authority to compel a tenant to sign. The Board could file a misdemeanor charge and prosecute the tenant for violation of the ordinance. This prosecution would cause an administrative cost to the city and the state. (3) If a landlord fails to complete the form in a timely manner, the Board shall assign a monthly rent to the dwelling unit. which shall be no higher than that figure which represents the twenty-fifth percentile on the comparative list. The Board does not have the authority to impose this administrative sanction. If a landlord should violate the ordinance, the Board would have the authority to file a simple misdemeanor complaint with a maximum penalty of $100.00 or thirty days. In many cases, the setting of the rent at the twenty- fifth percentile would be a confiscatory taking of property. (4) The Board shall certify the form for vacant dwelling units only after the landlord satisfactorily documents the monthly rent for the last period immediately preceding the vacancy. ;.__. MICROFILMED -B). _ JORM - MICR+LAB • CEDAR RA• IDS < DES MOINES 1 14 What constitutes satisfactory documentation? If the prior tenant has left the community and there was no lease agreement, would the landlord's receipt records be satisfactory? If the landlord cannot present evidence which is satisfactory to the Board, it would be an unlawful taking of property to permanently bar the landlord from renting the vacant dwelling unit. Again, this administrative sanction is beyond the scope of the Board. XIV. ESTABLISHMENT OF MAXIMUM ALLOWABLE RENTS This section is the "guts" of the ordinance. Yet, this section contains more difficulties than any other section in the ordinance. From a definitional standpoint, it is functionally impossible to determine the result of utilization of the formula. In addition, there are a substantial number of unanswered questions which potentially can create problems. These include: (1) Can a board of volunteer representatives handle the work load of determining the maximum allowable rent for each rental dwelling unit in Iowa City within twelve months? With greater than 6,000 rental units to be analyzed, the Apartment Association believes that this is nbt possible. (2) Does the formula provide for contract purchases of real estate? The language of the ordinance speaks in terms of mortgage loans only. (3) Is there any manner for a landlord to recover the principal payments on either a mortgage or a contract (if allowed)? With the exclusions of depreciation and improvements made after the effective date of the ordinance, the rate of return a landlord can receive is limited to the actual expenses (excluding principal payments) and any rate of return received on equity. If there is no equity in a particular unit, there will be no return on equity and the landlord will be out all principal payments. (4) Is an equity guaranteed for all landlords? The Apartment Association believes that this particular formula to determine equity will dictate that in a large number of cases there will be limited, if any, equity available to landlords. A careful analysis of the formula for the calculation of equity reveals a number of substantial problems. These include: (1) The assessed value rather than market value is used in determining equity. Assessed values may not be equivalent to market value, especially with new construction. It is possible that the assessed value may be lesser than outstanding debt. In this case, the equity would be equal to zero and a landlord would not receive a return on investment. (2) Gross rental income is undefined. If one makes the assumption that gross rental income is equal to current rent, the problem of new construction becomes more apparent. Current rent on new construction is zero and the equity for new construction under this formula would then be zero. Even if the board were able to determine a reasonable estimate of a property owner's equity in an investment property, the "rate of return" is _ 7 . •... . __.....MICROFILMED BY JORM MICR+LAR CEDAR RSPIDS •DES MOINES t l r I I i i i I, i j i ■ 15 still undefined. The determination of the rate of return, following public input and hearing as proposed, is still left to the discretion of the board. The City Council does not have the power to change this provision. The smaller the rate of return, the greater the incentive for developers to build outside Iowa City and for investors to remove themselves from the rental market. In addition, the lower the rate of return, the lower the value of the property and the lower the assessed value. In this way, even if the equity calcuation were to work in the first instance, a low rate of return would create a downward spiral of assessed values to equity which would create a lower return on equity and a disincentive for further development. Conversely, a high rate of return may well signal an increase in rents and subject the board to severe criticism by tenants. In many cases, a high rate of return guaranteed to a landlord would overcome the other problems of the ordinance and would increase the actual rents paid by tenants. To this extent, the ordinance presents an interesting paradox. Either the board will establish a rate of return lower than that demanded by investors to continue Z investing in residential rental units in Iowa City, or the board will establish - 5 a rate of return higher than that level necessary to keep investors building in Iowa City but in the process will raise rents for tenants. t It is the conclusion of the Apartment Association that the formula does not work to fulfill the purposes of this ordinance. 1` The most difficult part of the ordinance is applying it to newly constructed z: units. With the assessed value minus outstanding debt formula, most new units will have a zero equity. With gross rental income undefined, most new units will have a zero gross rental income. In this manner, for newly constructed units, the allowable rent will be the fixed expenses (not including principal payments). Financial institutions will not lend money on projects which will have negative cash flows from the outset. The Apartment Association has learned that at least two major financial institutions will not lend money for I r i City residential rental units in the Iowa community if rent control is adopted. It is the conclusion of the Apartment Association that Section IX of the proposed ordinance is unworkable. XV. REVIEW AND ADJUSTMENT The procedure outlined for reviews and adjustment of rents requires a delay of 100 days before any administrative ruling can be made. It is the contention of the Apartment Association that this is clearly a confiscatory I delay. Moreover, with the number of anticipated demands for review and adjustment, it is the position of the Apartment Association that such a procedure is unworkable. -- ----- ----- --- r......•.'� __.._..111CR0FILMED.BY_.. I JORM, MICR+LAB f \1 -CEDAR RAPIDS • DES MOINES 1 16 XVI. RULE M4KING The proposed rental control ordinance provides that: (1) The Board shall publish notice of a proposed rule in the Iowa City Press Citizen. The City must incur the cost of publication. i (2) At the public hearing, the Board shall accept all written comments or data which shall become part of the record of the rulemaking. The City shall incur the cost of compiling and storing these records. (3) The public meeting shall be recorded and all comments shall be transcribed as soon as practicable. i The City shall incur the cost of transcription and storing of these ' records. i (4) d. If an ex parte contact occurs, the member shall mem- ( orialize the substance of the contact which shall be attached to the record. jThe Board member will have the duty of making this record and the city will incur the cost of transcribing and keeping this record. I! (5) e. No later than sixty days after the public meeting, the 4 Board shall issue a final rule. 3 The ordinance does not provide for any relief if any of the schedules for rulemaking or ajudication are not met. ; (6) At least. once each calendar year, the Board shall issue by rule a new fair rental value. This value shall in all cases be a percentage increase of the rent level certified pursuant to §B of the ordinance. There are no standards or safeguards to prevent arbitrary decisions by the Board.At a minimum, there should be a provision that the percentage increase is related to the Consumer Price Index or a comparable indicator. (7) The Board may issue rules including differences between capital improvements and ordinary repair or definitions or fraudulent conveyances for purposes of this ordinance. I Substantive provisions of an ordinance must be enacted by the City Council and these definitions will cause substantive changes in the working of the ordinance. Therefore, there is a problem with undue delegation. j q i JORM MICR+LAB f CEDAR. RAPIDS • DES MOINES 17 By providing a definition of fraudulent conveyance, this appears to indicate that the Board will refuse to recognize certain conveyances of property. This interferes with the private civil relationship of a buyer and +� seller of property. There is also a question of undue delegation since any limitation on the right to sell property is a substantive provision which must be addressed by the City Council rather than by rulemaking. While an admin- istrative body may "fill in the gaps" and provide procedural rules, they cannot make new law. (8) After two years, the Board may issue rules changing the definition of "reasonable rate of return". The establishment of the reasonable rate of return is the most substantive provision in this ordinance. By allowing the Board to change the formula, the ordinance in fact would be substantially amended. Only the City Council can amend an ordinance. This is clearly undue delegation. (9) After two years, the Board may by rule change Section 9 to avoid the ordinance becoming confiscatory. J s Under this ordinance, if the formula is confiscatory, it cannot be changed } f for two years. Under the charter, an ordinance enacted by initiative and referendum cannot be changed for two years. However, the ordinance would be 11 invalid if it were confiscatory for a period of two years. XVII. ADJUDICATIONS The proposed ordinance provides that: (1) The Hearing Officer shall determine within 48 hours whether i the Board has jurisdiction over the subject matter. There is no relief or remedy if the Hearing Officer does not comply with the 48 hour provision. (2) The Hearing Officer shall send notice by regular mail to the petitioner and all persons named in the petition of the time, .date and location of the hearing which shall be held between 14 and 30 days after the date of the petition. There is no relief or remedy if the Hearing Officer does not comply with the time requirements. The city must incur the cost of mailing notices to the landlord and all of the tenants which include the required information. i (3) At the hearing, a recording shall be made which shall be maintained for at least five years. .__ I JORM MIC R+LAB CEDAR RAPIDS • DES MOINES 1 ` i y i.� k `I i j 17 By providing a definition of fraudulent conveyance, this appears to indicate that the Board will refuse to recognize certain conveyances of property. This interferes with the private civil relationship of a buyer and +� seller of property. There is also a question of undue delegation since any limitation on the right to sell property is a substantive provision which must be addressed by the City Council rather than by rulemaking. While an admin- istrative body may "fill in the gaps" and provide procedural rules, they cannot make new law. (8) After two years, the Board may issue rules changing the definition of "reasonable rate of return". The establishment of the reasonable rate of return is the most substantive provision in this ordinance. By allowing the Board to change the formula, the ordinance in fact would be substantially amended. Only the City Council can amend an ordinance. This is clearly undue delegation. (9) After two years, the Board may by rule change Section 9 to avoid the ordinance becoming confiscatory. J s Under this ordinance, if the formula is confiscatory, it cannot be changed } f for two years. Under the charter, an ordinance enacted by initiative and referendum cannot be changed for two years. However, the ordinance would be 11 invalid if it were confiscatory for a period of two years. XVII. ADJUDICATIONS The proposed ordinance provides that: (1) The Hearing Officer shall determine within 48 hours whether i the Board has jurisdiction over the subject matter. There is no relief or remedy if the Hearing Officer does not comply with the 48 hour provision. (2) The Hearing Officer shall send notice by regular mail to the petitioner and all persons named in the petition of the time, .date and location of the hearing which shall be held between 14 and 30 days after the date of the petition. There is no relief or remedy if the Hearing Officer does not comply with the time requirements. The city must incur the cost of mailing notices to the landlord and all of the tenants which include the required information. i (3) At the hearing, a recording shall be made which shall be maintained for at least five years. .__ I JORM MIC R+LAB CEDAR RAPIDS • DES MOINES 1 ` 18 The city must incur the cost of providing tapes and storing them for five years. (4) Not later than 14 days after the hearing, the Hearing Officer shall issue a written decision, based solely on the record. The decision shall be mailed to all persons named in the petition with copies to all members and alternates of the Board. The city must incur the cost of transcribing, copying and mailing these copies of the decision. There is no remedy if the 14 day requirement for a decision is not met. If there are a number of hearings, it is questionable whether a Hearing Officer could issue a substantial number of reasoned de- cisions within such a brief time. (5) A person appealing a decision of the Hearing Officer shall pay any costs of transcribing the record. This could be a substantial administrative cost to the landlord. (6) .An appeal to the Board shall be within 5 to 14 days after the date of appeal and a decision shall be issued within 10 days. There is no remedy if the Board cannot meet this schedule. XVIII. BOARD CERTIFICATIONS The proposed ordinance provides that the Board may request the assistance of the City Attorney in enforcing its orders, decisions, rules, and certifications. This language is in conflict with the statement of the proponents that the ordinance shall only be enforced by tenants. The Board is given clear authority under the ordinance to enforce its orders and decisions. The city would have to incur the legal costs of proceedings in District Court. XIX. ENFORCEMENT The proposed ordinance provides that Tenants and landlords may individually enforce rental agreement through remedies contained in the Iowa Uniform Resi- dential Landlord and Tenant Act. Section 567A .21 provides that a tenant may terminate a rental agreement if the landlord does not remedy the breach within 14 days. It further provides that a`tenant may recover damages and obtain injunctive relief for any non- compliance by the landlord with the rental agreement and that if the land- lord's noncompliance is willfull, the tenant may recover reasonable attorney fees. ��...,.'. ..._.,...t17CROfIL11ED BY..._. _.._ .. JORM MICR�LAB ` J}( CEDAR R�RIDS •DES MOINES ` i 19 These remedies are in excess of the remedies which the city is authorized to provide for the violation of a municipal ordinance. This provision would attempt to confer jurisdiction on District Court. XX. SUMM4RY The proposed rent control ordinance is unnecessary. The free market forces have provided for the construction of a larger number of newly constructed units in Iowa City and Coralville during the last two years. The potential levelling off or decline of the University enrollment indicates the adequacy of the housing stock in Iowa City. If rent control were necessary, this ordinance does not provide the guarantees of reasonable rate of return or safe, decent and sanitary housing necessary for landlords and tenants respectively. ! The housing in Iowa City reflects the commitment made in prior years to high quality housing in Iowa City. To now frustrate that effort with rent F control would be counter-productive to all the commitments and work done to t' date. d } \ 1 1 1 i. ! j i f i JORM MICR+LAB CEDAR k4l% DES MOINES j4( I 1a� , , d4 cQ" &Zl� t " fro wa a, �oo� �Oca1 t rho �t�X&f to ki4 eliz&t� no -t ant, iu,w u4uf 1631 s u e vr� !4,W .Gt r, 6ci� l f� /[e n fa P hutj,1,7 , tinCdA. rLLa"c/12Q)LC¢� h&d Gc.>,loaoe�o0 t/La�u. C�nd /�a d� cZ �677 tAx, loom t rhd,� ha.a hallztza is z`/ed !1 :<!u, 44,fa ! hauiwn g La u Z,o �f w c5o ci' aYJL,;tk Ae .0 D 1,na&ZA CSP. Lan &12�0t v{o� 04,414 cit wmu Lc,7 � � u&&u n't to vaeu�/al 2,,7, to s& -EiLot I A—Q �?.o-G&M ui o��r C' - c� c va-c" o - a 0 t1u, Of- &t.tmta n# 6-c rNI.L0 X20i d a,nL� uu� -t/a# dz n hot f° &-o mad co ( ......_.,.MICROEILMED.DY__.___.,I�. _. JORM MICR( LAB. t -CEDAR RAPIDS • DES MOINES l t 1