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Home My WebLink About1983-11-22 ResolutionLi RESOLUTION NO. 83-363 RESOLUTION ADOPTING SUPPLEMENT NUMBER 18 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 18th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 18 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 18 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by McDonald and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _ Erdahl X Lynch X Neuhauser X Perret X Dickson X McDonald Passed and approved this 22nd day of November , 1A98�3 . UV�.fY1L1 l . �/U' Ul.L1�L11A�A� MAYOR ATTEST: C*Ac. CI CL F.ancIvNI S lAppreved 4y The Let"al Dep; H of !0/ r"3_ 3�� l SUPPLEMENT N0. 18 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter, July through September, 1983, which are suitable for inclusion in the Code; the latest ordinance in this Supplement Is: Ordinance No. 83.3145, adopted September 27,1983. See Code Comparative Table, page 2962. Remove old pages Insert new pages xix, xx xix, xx 179 through 182 179 through 182.1 371 through 372.2 371 through 372.3 1355,1356 1355,1356 ._./ 1527,1528 1527,1528 1649 through 1554 1549 through 1553 1775 through 1780 1775 through 1780 t 2289,2290 2289,2290 2295,2296 2295,2296,2296.1 2299,2300,2301 2299,2300,2301 I 2481, 2482, 2482.1 2481,2482,2482.1 2489,2490 2489,2490 2495, 2496 2494.1, 2494.2, 2495 2517 2517,2518,2518.1 2525 through 2528 2525 through 2528 2530.1, 2530.2 2530.1, 2530.2, 2530.3 2639 through 2540.3 2539 through 2540.2 2543,2544 2543,2544,2544.1 2559,2560 2559,2560 2591 through 2592.6 2591 through 2692.8 2961 2961,2962 Note—Checklist is not updated this Supplement. F 31451 i i i INSTRUCTION SHEET—Cont'd. r � Index pages Index pages 2980.1,2981, 2982 2981,2982,2982.1 2987,2988 2987,2988 2992.1, 2992.2 2992.1, 2992.2 j 3023,3024 3023,3024 3027,3028 3027,3028 3042.1, 3042.2 3042.1, 3042.2 3049,3050 3049,3050,3050.1 3059,3060 3059,3060 3064.01 through 3068 3065 through 3068.1 3081,3082,3083 3081,3082,3083 Insert this instruction sheet in front of volume. File removed i pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida October, 1983 I r� I i i 31451 Ci !� TABLE OF CONTENTS—ConVd. Chapter Page 22. Manufactured Housing Parks. --_1467 Art. I. In General.. 1467 Art. 11. Park Licensing Procedure 1469 Art. III. Park Standards--.. 1475 23. Motor Vehicles and Traffic ......_........ _ 1527 Art. I. In General ........... ..__...___.a..... 1527 Art. II. Administration and Enforcement _..— 1535 Div. 1. Generally _- _ 1535 Div. 2. Traffic Control Devices _. 1540 Art. III. Accidents ............. --_.. 1545 Art. IV. Bicycles .. ............. ... __.._..._........ 15M Div. 1. Generally ....... _. 1546 Div. 2. Reserved....... ............. 1551 Art. V. Motor Vehicles ._._..; 1651 Div. 1. Generally .... -_.... __....... 1661 Div. 2. Equipment ....... _..__ ... 1551 Art. VI. Operation ...._..,_.. _- 1552 Div. 1. Generally --- _---------- __-..... _....... 1552 f Div. 2. Overtaking and Passing __-_ _ 1562 ✓ Div. 3. Right -of -Way ...__..-_-_^_....... 1563 Div. 4. Size and Weight Limitations _.... 1566 Div. 5. Speed .... ... __...._.._..... ____......... 1568 Div. 6. Turning Movements ___..._ 1572.1 Art. VII. Pedestrians..................... __..._--_.....15722 Art. VIII. Stopping, Standing and Parking.... 1575 Div. 1. Generally ....... 1575 Div. 2. Angle Parking ._..... _....... 1585 Div. 3. Parking Meter Zones and Parking Lots .... ........... ..._� �._.... 15M Div. 4. Stopping for Loading and Unload- ing Only .... _.- 1691 Div. 5. Parking in Snow Emergencies ... 1594 24. Miscellaneous Provisions ....... _ _..,- 1643 Art. I. In General ..__.._ ,-, 1643 Art, II. Curfew Regulations ___-.. 1646 Div. 1. Generally .... —......... _ 1646 Div. 2. Emergencies _ _. 1646 Supp. No. 19 Div. 3. Minora 1647 xix 3/6 yz Ci IOWA CITY CODE Chapter Page Art. III. Disorderly Persons, Conduct and Houses .._ ._.1648 Art. IV. Firearms and Other Weapons —_.. 1651 Art. V. Iowa River —._..___._ _ 1652 Art. VI. Nuisances .... . ............... _...... .____.. 1660 Art. VII. Offenses Against Morals —....__..: 1663 Art. VIII. Alarm Systems 1663 24.4. Noise--- 1681 25. Parks and Recreation -----.-. 1713 Art. I. In General 1713 Art. II. Commission 1715 Art. III. Department — 1718 Art. IV. Use by Groups _._._ 1719 Art. V. Senior Center Commission 1725 26. Peddlers and Solicitors........................................................ 1775 Art. 1. In General ... .... ....... ....... .... ............ .... 1775 Art. II. License ---- —..._.._.........___._.._......... 1776 27. Planning..................................................................................1831 Art. I. In General .... ..... ......... _............ 1831 Art. If. Plan Commission ............................ __...... 1831 Art. III. Large Scale Developments __........._ 1833 Div. 1. Generally .................. _................ 1833 Div. 2. Non-residential —.._...__. ...... .... 1833 Div. 3. Residential ............... ...... ........... ... 1842 Art. IV. Resources Conservation Commission 1861 28. Plumbing ..........:..............._._.—_... 1903 Art. 1. In General .... . ............................ _......... _ 1903 Art. II. Administration and Enforcement __.._ 1908 Art. III. Licenses and Permits ........................... 1912 29. Police .......... ............. _.............................................. ..... 1967 Art. I. In General ................................................ 1967 Art. II. Department.................................................... 1968 30. Railroads (Reserved) ................. ........................ ....... 2021 31, Streets, Sidewalks and Public Places ..................... __ 2121 Art. I. In General ................ _........................... 2121 Supp. No. 18 xx ADMINISTRATION 4216 (4) Establish and maintain a system of records and reports in sufficient detail to furnish all information necessary for proper control of departmental activities and to form a basis for the periodic reports to the city man- ager; (6) Have power, when authorized by the city manager, to appoint and to remove, subject to the personnel ordi- nances of the city, all subordinates under him/her; (6) Be responsible for the proper maintenance of all city property and equipment used in his/her department. (Code 1966, § 2.16.3) Sec. 2-4. Same—Officer& Each officer shall perform the duties required of his/her office by state law, the code and the ordinances of the city, and such other duties as not in conflict therewith as may be required by the city manager. (Code 1966, § 2.16.4) sec.2.5; Legal department. J There is hereby established, as a separate department for the city, a legal department. The legal department shall con- sist of the city attorney and such assistants to the city at- torney as shall be authorized by the city council, and such special assistants to the city attorney as shall be authorized by resolution. (Code 1966, § 2.10.1; Ord. No. 2692) Sec, 2-6. Review of mayor, council compensation. Review of the mayor and councilmembers' compensation shall take place as part of the budget review process for the fiscal year during which each election will occur. (Ord. No. 83.3132, § 3, 9.2-83) Editor's nota—Section 3 of Ord. No. 83.3132, adopted Aug. 2, 1983, did not expressly amend the Code; codification as 12.6 has been at the editor's discretion. Cross milerence"ouncil compensation, t 2.18; mayor's compensation, 4 244. Sees. 2.7-2.16. Reserved. Supp. No. 18 179 3/6 tV Li § 2-17 IOWA CITY CODE ` ARTICLE II. COUNCIL* Sec. 2.17. Districts established. There are hereby established in the city three (3) council districts. The following voting precincts as defined in chapter 10, article III of this Code shall comprise the three (3) council districts. (1) Council District A: Voting precincts 1, 2, 3, 8, 9, 10, 13 and 14. j (2) Council District B: Voting precincts 12, 15, 16, 17, 18, II 23,24 and 25. (3) Council District C: Voting precinetslI, 6d7 76)11, 19, 20, 21 and 22. (Ord. No. 76-2770, Sec. 2.18. Compensation.' Members of the council, other than the mayor, shall be com- pensated at the rate of five thousand twelve dollars and eighty V cents ($6,012.80) annually. (Code 1966, § 2.02.3; Ord. No. 75-2765, § II, 6.20.76; Ord. No. 83.3132, § 2,8.2-83) Cross reference—Review of council compensation, § 2.6. Sec. 2-19. Terms. All elected municipal officers shall take office at noon of the first day of January which is not a Sunday or legal holi- day, following their election. (Code 1966, § 2.02.4) State law referent —similnr provislona, I.C.A. § 3762• Sec. 2.20. Organization meeting. The newly elected council shall meet for the first time on or before noon of the second secular day of January to con- duct an organizational meeting. (Code 1966, § 2.02.5) -Charter reference—Council generally, art. II. Supp. No. IS 160 3/6 Y Ci '. ADMINISTRATION § 2-42 Sec. 2-21. Regular meetings. The time and place for all regular meetings of the city council shall be set by resolution of the city council. (Code 1966, § 2.02.6) Sec. 2-22. Special meetings. The procedure for the calling of a special meeting of the city council shall be set by resolution of the city council. Such Procedure shall include, but shall not be limited to, who may call such special meeting, what notice is required thereof, and how such notice shall be given to the councilmen members and any other matters determined by the council to be necessary thereto. (Code 1966, § 2.02.7) Sec. 2.23. Rules of procedure. The rules of parliamentary practices comprised in the cur- rent edition of Robert's Rules of Order shall govern the ses. sions of the city council in all cases in which they are appli- cable and where they are not inconsistent with the standing �j rules of the council or the laws of the state. (Code 1966, § 2.02.8; Ord. No. 2591) Charter reference—Authority to determine rules, § 2.09. Secs. 2-24-2.34. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES DIVISION 1. GENERALLY Secs. 2-35-2.41. Reserved. DIVISION 2, MAYOR Sec. 2.42. Mayorprotem. (a) The mayor pro tem shall act as mayor in the event that the mayor is unable to attend council meetings or is unable to act in his/her capacity as mayor because of legal disability or absence from the community. In the absence or disability Supp. No, 18 181 3levyl J §, 2.42 IOWA CITY CODE of the mayor, the mayor pro tem's acts as such shall have the same force and effect and legality as though performed by the regularly elected mayor and such mayor pro tem shall have the power to sign all resolutions and/or ordinances and exe- cute all contracts or documents adopted or approved by the council and do all other things incident to such actions and shall have all powers to initiate any emergency measures while acting as mayor pro tem as those possessed by the mayor. (b) In the event any stale or federal law requires the section of a presiding officer, pro tem at a specific meeting of the council due to the absence of the mayor for the purpose of a specific project, bond issue or other proposal, the council shall select a presiding officer pro tem at that meeting for that purpose. (c) In the absence of the mayor pro tem, the council may elect from one of their number a temporary mayor pro tem. (Code 1966, § 2.04.3; Ord. No. 2591) Sec. 2.43. Voting rights. The presiding officer of the council, whether the regularly elected presiding officer or presiding officer pro tem, shall have a right to cast a vote as a member of the council. (Code 1966, § 2.04.4) Sec. 2.44. Compensation. The mayor shall be compensated at the rate of six thousand eleven dollars and twenty cents ($6,011.20) annually. (Code 1966, § 2.04.5; Ord. No. 76.2765, § II, 5-20.75; Ord. No. 83.3132, § 2, 8.2.83) Croce reference—Review of mayor's compensation, 12-6. Sec. 245. Powers. The mayor shall sign all contracts on behalf of the city except contracts for the purchase of materials and supplies. (Code 1966, § 2.04.8) Supp. No. 12 182 3 ml Cr ADMINISTRATION § 2.64 See. 2.46. Chief city representative. The mayor shall act as the official representative of the city. The mayor shall be recognized as the official head of the city by the courts and officers of the state, upon whom service of civil process may be made. The mayor shall have and exer. cise all the powers and perform all the duties provided by the law. (Code 1966, § 2.04.7) Secs. 247-2-53. Reserved. DIVISION 3. MANAGER Sec. 2.54. Appointment; removal. The city manager shall be appointed to or removed from office by a majority vote of the city council. There shall be no appeal from the action of the council. (Code 1966, § 2.06.1) Supp. No. 18 182.1 3/6 fZ V ,\4 ALCOHOLIC BEVERAGES 45d0 Sec. 5-9. Same—Revocation of permit. In the event that the provisions of section 5.7 or 5-8 are violated, the permit shall be automatically revoked. (Ord. No. 79.2959, § 2, 6-19.79) Sec. 6.10. Hours of business. (a) Closing hours. Subject to the provisions of section 5.10(d), the following closing hours shall apply to any and all premises covered by a class A, B or C liquor control license or class B beer Permit under this chapter: (1) Said premises shall be closed for business between the hours of 2:00 a,m. and 6:00 a.m. on any weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m, on the following Monday; however, premises covered by the holder of a liquor control license or beer permit who has been granted the privilege of selling alcoholic liquor or beer on Sunday may remain open for business between the hours of noon and 10:00 p.m. on Sunday. j (2) For the purposes of this chapter, "weekday" is defined to include Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. (b) Other uses. No premises described in section 5.10(x) shall be used for any commercial, recreational, entertainment or other use or purpose between the hours said premises is required to be closed as provided in this chapter. (c) Presence on premises after closing. It shall be unlawful for any person nor shall any licensee or permittee under this chapter or his/her agents or employees permit any person to enter or retrain on any premises described in section 5.10(x) between the hours said premises is required to be closed for business as pro. vided in this chapter except that persons already in said premises at time of closing shall be allowed an additional fifteen (15) minutes to depart; however, the licensee or permittee and his/her agents or employees may be present on said premises after clos. ing for the purposes of cleaning, maintenance or performing other necessary work on said premises. Supp. No. is 871 v3f4f4e 45.10 IOWA CITY CODE 'S (d) Additional hours. The city may authorize by resolution of the city council that any establishment holding a class A, B or C liquor control license or class B beer permit for whom the sale of goods and services other than alcoholic liquor or beer constitutes fifty (50) per cent or more of the gross receipts from the licensed premises may remain open additional hours beyond the hours prescribed in section 5.10(x) but only for the purpose of selling goods and services other than alcoholic liquor or beer. To apply for such authorization, the licensee or permittee shall submit a written and verified application to the city clerk, upon a form provided by the city clerk, listing certain information including the following: (1) Total gross receipts for the past ninety (90) days from the establishment, (2) Gross receipts for the past ninety (90) days from the sale of alcoholic liquor and/or beer, and (3) Additional hours requested to remain open Said application shall be accompanied by copies of the establish. ment's most recent federal and state income tax returns and annual sales tax report. In the event that the applicant receives authorization to remain open for additional hours, the applicant shall file with the city clerk on a quarterly basis a written report, upon a form provided by the city clerk, setting forth gross re- ceipts information, copies of quarterly sales tax reports, copies of federal and state income tax reports when filed, and such further pertinent information as the city council may require. The city by its authorized agent shall be permitted full access during all reasonable business hours to all records, reports, audits, tax re- ports, and any other documents or papers pertinent to gross receipts from any establishment which has applied for or received authorization to remain open additional hours. Pnilure to make reports or to permit access to records as required in this section shall be cause for the withdrawal of the additional hours authori. zation by the city council. (Ord. No. 82.3071, 6 2, 7.20.82) Sec. 5.11. Lcensee, employees, not to allow open containers It shall be unlawful for any person or for any licensee or per- mittee under this chapter or his/her agents or employees to per. Supp. No. 18 372 3/6y� Li ALCOHOLIC BEVERAGES 5 519 mit any person to carry from a licensed premises any open con. tainer of beer or alcoholic beverage, including but not limited to bottles, cans, glasses, mugs, and cups, except when such carry. out is related to and necessary for custodial, maintenance, and other bona tide employment purposes. (Ord. No. 83-3141,'§ 2, 8.30.83) Sec. 5.12. Possession of open containers. It shall be unlawful for any person to possess any open con. tainer of beer or alcoholic beverages upon the public streets or highways, including the sidewalk within the public right -of --way, and in any public place, except premises covered by a liquor control license. (Ord. No. 83-3141, § 2, 8.30.83) Cross reference—Drinking in public, 124.51. Secs. 5.13-6-17. Reserved. ARTICLE II. LIQUOR CONTROL LICENSES r~ AND BEER PERMITS Sea 5.18. Required. I No person shall sell beer at retail in the city, nor shall any Person sell alcoholic liquor in the city for consumption on the premises, without first obtaining a beer permit or a liquor control license as required by state law and subject to the provisions of this article. Sec. 5.19. Classes of beer permits. Beer permits shall be classed as follows: (1) Class B. Aclass B beer permit shall allow the holder to sell beer at retail for consumption on or off the premises. (2) Class C. A class C beer permit shall allow the holder to sell beer at retail for consumption off the premises only. Such sales shall be in original containers only. No class C per. mit shall be issued to any person except the owner or proprietor of a grocery store or pharmacy, (Code 1966, § 5.24,4; Ord. No, 2605) Supp. No. 18 372.1 Ci § 5'2e 10%VA CITY coup: Sec. 5.20. Classes of liquor control licenses. Liquor control licenses shall be classed as follows: (1) Class A. A class A liquor control license issued to a club shall authorize the holder to purchase alcoholic liquor from the department only, and to sell such liquors and beer to bona fide members and their guests by the individual drink for consumption on the premises only. (2) Class B. A class B liquor control license issued to a ho. tel or motel shall authorize the holder to purchase al- coholic liquor from the department only, and to sell such liquor and beer to patrons by the individual drink for consumption on the premises only; however, beer may also be sold for consumption off the premises. Each such license shall be effective throughout the premises described in the application. (3) Class C. A class C liquor control license issued to a commercial establishment shall be issued in the name of the individual who actually owns the entire business and shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors and beer to patrons by the individual drink for consumption on the premises only; however, beer may also be sold for consumption off the premises. (Code 1966, § 5.24.4; Ord. No. 2605) Sec. 5.21. Separate beer permits required for separate lore. tions where beer is sold. Each person holding a class B or class C beer permit having more than. one place of business where beer is sold shall be required to have a separate beer permit for each separate place of business, except as otherwise prohibited by state law. (Code 1966, § 5.24.7; Ord. No. 2605) Sec. 5.22. Application; bond. A verified application for the original issuance or the re- newal of a liquor control license or a beer permit shall be Supp. No. le 372.2 3/G �Z ALCOHOLIC BEVERAGES 15-22 ' filed at such time, in such number of copies and in such form As the state director of beer and liquor control shall prescribe, on forms prescribed by him/her. The application shall be ac- companied by the required fee and bond and shall be tiled with the city council for approval or disapproval. submitted shall be iThe Iwnd to with n a form prescribed by the state director and in the following amounts I - LIBRARY 120-21 (12) To enforce the performance of conditions on gifts, do- nations, devises and bequests accepted by the city by action against the city council. (13) To have authority to make agreements with the local county historical association, where such exists, and to set apart the necessary room and to care for such ar- ticles as may come into the possession of the associa- tion. The trustees are further authorized to purchase necessary receptacles and materials for the preserva- tion and protection of such articles as are in their judgment of a historical and educational nature and Pay for the same out of funds allocated for library pur- poses. (Ord. No. 76-2782, § V, 10-7-76) Sea 20-21. Same—Contracts with others for the use of the library. (a) Contracting. The board may contract with any other boards of trustees of free public libraries, any other city, school corporation, private or semi -private organization, insti- tution of higher learning, township, or county, or with the' trustees of any county library district for the use of the library by their respective residents. Where deemed appropriate or beneficial by the board and council, the board may authorize the council to negotiate and execute such library services con- tracts on its behalf. The terms and conditions of any such autho. rization shall be set forth in a joint agreement between the board and council, copies of which shall be maintained by the city clerk. (b) Termination. Such a contract may be terminated at any time by mutual consent of the contracting parties. It also may be terminated by a majority vote of the electors repre. sented by either of the contracting parties. Such a termina. tion proposition shall be submitted to the electors by the gov. erning body of a contracting party on a written petition of not less than five (6) per cent in number of the electors who voted for governor in the territory of such party at the last general election. The petition must be presented to the gov. erning body not less than forty (40) days before the election. The proposition may be submitted at any election provided by Supp. No, is 1366 3/1:,pe Ci 42021 IOWA CITY CODE law that is held in the territory of the party who is seeking to terminate the contract. (Ord. No. 75.2782, § VII, 10.7-75; Ord. No. 83-3136, § 2, 8-16.83) Sec. 20.22. Annual report. The board shall make a report to the city council immedi- ately after the close of the municipal fiscal year. This report shall contain statements of the condition of the library, the number of books added thereto, the number circulated, the amount of fines collected, and the amount of money expended in the maintenance of the library during the year, together ,Mth such further information required by the council. (Ord. No. 76-2782, § X,10-7-75) Supp.No.18 [The next page is 1407] 1356 ,J l Chapter 23 510TOR VEHICLES AND TRAFFIC' Art. 1. In General, §§ 23.1-23.15 Art. II. Administration and Enforcement, 911 23.16-23.47 Div. 1. Generally, §§ 23-16-23-28 Div. 2. Traffic Control Devices, §§ 23.29-23-47 Art. 111. Accidents, §§ 23-48-23.61 Art. IV. Bicycles, 99 23.62-23.98 Div. 1. Generally, §§ 23-62-23.81 Div. 2. Reserved, 66 2392-23.98 Art. V. Motor Vehicles, §§ 23.99-23.119 Div. 1. Generally, §§ 23.99-23.106 Div. 2. Equipment, §§ 23.107-23-119 Art. VI. Operation, §§ 23.120-23.211 Div. 1. Generally, §6 23.120-23-160 Div. 2. Overtaking and Passing, §§ 23.151-23.169 Div. S. Right -of -Way, §§ 23.1601-23.176 Div. 4. Size and Weight Limitations, 111 23.177-23.187 Div. 5. Speed, 11123-188-23-197 Div. 6. Turning Movements, 11 23.198-23.211 Arl. VII. Pedestrians, 11123-212-23-233 ^ ' \I Art. Vlll. Stopping, Standing and Parking, 11123-234-23-292 Div. 1. Generally, §§ 23.234-23-262 Div. 2. Angle Parking, §§ 23-263-23-279 Div. 3. Parking Meter Zones and Parking Lots, 11 23.274- 23.286 . Div. 4. Stopping for Loading and Unloading Only, §6 23- 287-23.294 Div. 5. Parking In Snow Emergencies, §§ 28.295-23.301 ARTICLE I. IN GENERAL See. 23.1. Definitions. As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section: -Cross references -Placing handbills In vehicles, 18-20; throwing litter from vehicles prohibited, 6 1692; noise standards for motor vehicles, 6 24.4.7; traffic regulations in parks and playgrounds, 125.2; police department, Ch. 29; streets, sidewalks and public places, Ch. 31; trulBc control In connection with street excavations, 6 31.24. Slate law references -Motor vehicles and law of the road, I.C.A. 6 821.1 et seq.; powers of local authorities, I.C.A. 6 821289. Supp. No, 18 1527 3/6 51 § 29-1 IOWA CITY CODE Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. Arterial street. A street intended for crosstown or through traffic. Authorized emergency vehicle. Vehicles of the fire depart- ment, police vehicles, ambulances and emergency vehicles owned by the United States, the state or any subdivision of the state or any municipality therein, and such privately owned ambulances, rescue or disaster vehicles as are desig- nated or authorized by the commissioner of public safety of the state. Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels. Chauffeur. Any person who operates a motor vehicle in the transportation of persons, including school buses, for wages, compensation or hire, or any person who operates a truck tractor, road tractor or any motor truck which is required to be registered at a gross weight classification exceeding five (6) tons, or any such motor vehicle exempt from registration which would be within such gross weight classification if not so exempt except when such operation by the owner or op. erator is occasional and merely incidental to his principal business. A farmer or his hired help shall not be deemed a chauffeur, when operating a truck owned by him, and used exclusively in connection with the transportation of his own products or property. City manager. The city manager of the city or his/her designated representative. Clerk. The city clerk of the city. Collector street. A street intended to carry vehicular traffic from residential streets to arterial streets. Combination vehicles. A group consisting of two (2) or more motor vehicles, or a group consisting of a motor vehicle and one or more trailers, semitrailers or vehicles, which are coupled or fastened together for the purpose of being moved on the highway as a unit. Supp. No. 18 1628 23-72 IOWA CITY CODE (b) Upon impoundment of such bicycle, the city shall notify the last known registered owner of such impoundment by mail. At the time Of causeled to be filed an information and tat on pursuantlto stmay ate law upon the registered owner or operator of such bicycle at the time of impoundment. The registered owner or operator may reclaim such bicycle by accepting service tion and signing a promise of such informa- crued fees and chargesto appear and payment of any ac - resolution. . Such fees and charges shall be set by (c) Should impoundment as herein provided require the de- struction of a chain, padlock or other security device, munici- pal agents or employees designated to enforce ordinances of the citythe parking , or any pence officer are hereby author- ized to destroy such security devices. (Ord. No. 77.2835, § Ii, 5.10-77) See. 23.73. Owner prima facie responsib tions. Is for parking viola - (a) If any bicycle is found any manner violative sopped, standing or parked in of this chapter and the identity of the operator cannot be determined, the owner shall be held prima facie responsible for such violation. (b) In the event that the city is unable to ascertain the o(3) months fromwner or the owner does not claim the bicycle within three such bicycle to be old at a publlcc auche date of tion- Noticthe e of such dise Position shall be published pursuant to state law, from )to defrays he costsofbicycle registration e usedand bicycle facilities. (Ord. No. 77.2835, § II, 5.10.77) Sec. y per Any perUnlawful application, possession or transfer. son who knowingly makes any false statement of a material fact, either in his/her application for a city bicycle li• cense or a transfer of same- intends to procure or pass title to any such bicycle which he/she knows or has reason to believe hes Supp. No. 18 1560 J/G T MOTOR VEHICLES AND TRAFFIC § 23-72 Sec. 23.70. Riding on bikeways. No person shall ride or operate a bicycle within a bicycle lane or path in any direction except that permitted by ve- hicular traffic traveling on the same side of the roadway; pro- vided, that, bicycles may proceed either way along a lane or path where arrows or signs appear designating two (2). way bicycle traffic. (Ord. No. 77-2835, § II, 5-10-77) Sec. 23.71. Vehicles in bicycle lanes and bicycle parking areas. (a) Except as herein provided no person shall drive a motor vehicle (as defined by section 23-1 of the Municipal Code) In a designated bicycle path, lane or parking area or park any motor.vehicles in such a path, lane or parking area. This shall not prohibit the parking of a motorized bicycle, motor bicycle, or moped (as defined by section 28.1 of the Municipal Code) in areas designated as bicycle parking areas. No person shall cross a bicycle lane except after giving the right-of-way to all bicycles within the lane. (b) The city traffic engineer is hereby authorized to erect signs permitting motor vehicles to be parked in a designated bicycle lane, bicycle path or parking area during specific times and days. When such signs are present, motor vehicular parking shall be permitted only during those times which are specifically stated on the signs. (Ord. No. 77-2835, § Il, 5.10.77; Ord. No. 78.2908, § 2,6-27-78) Sec. 23.72. Impoundment. (a) The police department or any officer, agent or em- ployee of the city designated to enforce the parking ordinances of the city, on finding a bicycle unattended at a place where the bicycle constitutes an obstruction to vehicular or pedes- trian traffic, or constitutes an imminent threat to the health, safety or welfare of the public or is in violation of an existing parking ordinance, may remove or have caused the removal of such bicycle to a place designated by the chief of police for the storage of impounded bicycles. Supp. No. 18 1599 0/G fl Ci MOTOR VEHICLES AND TRAFFIC § 23.107 been stolen; receives or transfers possession of the same from or to another; or who has in his/her possession any bicycle which he/she knows or has reason to believe has been stolen shall be deemed guilty of a misdemeanor. (Ord. No. 77.2835, § II, 5-10.77; Ord. No. 83.3137, § 2A, 8.16.83) Secs. 23.75-23-81. Reserved. DIVISION 2. RESERVED* Secs. 23-82-23.98. Reserved. ARTICLE V. MOTOR VEHICLES DIVISION 1. GENERALLY Sec. 23.99. Operation without registration. No person shall operate, nor shall an owner knowingly per- mit to be operated upon any street any vehicle required to be registered and titled by state law unless there shall be at- tacked thereto and displayed thereon when and as required by state law a valid registration card and registration plate or plates issued therefor for the current registration year and unless a certificate of title has been issued for such vehicle, except as otherwise expressly permitted by state law. (Ord. No. 77.2835,§ 11,5-10-77) State law reference—Similar provisions, I.C.A. § 821.98. Sees. 23.100-23.106. Reserved. DIVISION 2, EQUIPMENT Sec. 23.107. Improper equipment. It shall be unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved *Editor's note—Section 2B of Ord. No, 83.3137, adopted Aug. 16, 1983, re- pealed 1123.82-23-87, which constituted Div. 2, "License," as derived from Code 1968,116.24.1-6.24.4, 6.24.13; and Ord. No. 77.2836,1 II, adopted May 10, 1977, and Ord. No. 77-2845, 111, adopted July 6, 1977. Supp. No. 18 1551 3/6 � § 23.107 IOWA CITY CODE on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper con. dition and adjustment as required in the state code or which is equipped with one or more unsafe tires. (Ord. No. 77-2835, § 11, 5.10-77) Sec. 23.108. Flag or light at end of load. Whenever the load on any vehicle shall extend more than four (4) feet beyond the rear of the bed or body thereof, there shall be displayed at the end of such load in such posi- tion as to be clearly visible at all times from the rear of such vehicle a reel flag not less than twelve (12) inches both in length and width, except that between sunset and sunrise there shall be displayed at the end of such load a red light plainly visible under normal atmospheric conditions at least two hundred (200) feet from the rear of such vehicle. (Code 1966,§ 6.46.10; Ord. No. 77-2835, § 11, 5-10-77) Slate law reference—Similar provisions, I.C.A. § 321.394. Secs. 23.109-23-119. Reserved. ARTICLE VI. OPERATION DIVISION 1. GENERALLY Sec. 23.120. License of operator. No person shall operate a motor vehicle unless he/she has a valid driver's license, restricted license, or instruction per- mit as authorized by the laws of this state. (Code 1966, § 6.46.14; Ord. No. 77.2835, § 11, 5.10.77) Cross reference—Licenses and miscellaneous business regulations, Ch. 21. Stale law reference—Similar provisions, I.C.A. § 321.174. Supp. No. is 1552 31451 MOTOR VEHICLES AND TRAFFIC 423-121 Sec. 23.121. Responsibility when leaving motor vehicle unat- tended. No person having control of a motor vehicle shall allow such vehicle to stand on any street unattended without first setting the brakes thereon, stopping the motor and removing C 1` Chapter 26 PEDDLERS AND SOLICITORS* Art. I. In General, §§ 26-1-26.15 Art. 11. License, §§ 26.16-26.26 ARTICLE f. IN GENERAL Sec. 26-1. Definitions. For the purposes of this chapter, the following terms shall have the definitions hereinafter set out: City license officer is the city clerk or his/her designee. License is the formal written permission issued pursuant to this chapter, by the city clerk to any person to sell, offer for sale, or solicit for the sale of any goods in any manner set out herein. .�\ Peddler/solicitor is any person who goes from door-to-door and who carries in his/her possession goods or merchandise which he/she sells or offers for sale with immediate delivery or who solicits by means of the sale or offer for sale of any goods or merchandise by taking orders therefor with delivery at a future date. Solicit is the sale or offer for sale by a solicitor of any goods or merchandise by taking orders therefor with delivery at a future date. Wholesale is any and all sales to jobbers or retailers for resale by them to private consumers and not for sale directly to private consumers. (Ord. No. 74.2719, § 1I, 5.7.74; Ord. No. 83.3143, § 2A, 8.30.83) Cross reference—Rules of construction and definitions generally, 11.2. Sec. 262. False, fraudulent representations. No peddler/solicitor shall falsely or fraudulently misrepresent the quality, character or quantity of any article, item, or corn. -Cross reference—Licenses and miscellaneous business regulations, Ch, 21. Supp, No. IS 1776 3/G � Li 626-2 IOWA CITY CODE modity offered for sale or sell any unwholesome or tainted food or foodstuffs. No licensee hereunder shall harass, intimidate, co- erce, or threaten any individual to induce a sale or attempt to engage in any of the foregoing prohibited forms of conduct. (Ord. No. 74.2719, § X, 5-7.74; Ord. No. 83.3143, § 2B, 8-30.83) Sec. 26-3. Penally. Any person violating the provisions of this chapter shall, upon conviction, be subject to punishment as provided in section 1-8 of this Code. Nothing in this section shall be construed to abrogate or limit any cause of action which any private citizen may have against any licensee under article I1 of this chapter for conduct punishable under this section or otherwise. (Ord. No. 74-2719, § XII, 5-7-74) Secs. 26.4-26-15. Reserved. ARTICLE 11. LICENSE Sec. 26.16. Required. All persons who engage in peddling or soliciting within the �-- meaning of this chapter are required to obtain a license in order to do business within the corporate limits of the city. (Ord. No. 74.2719, § IV, 5.7.74; Ord. No. 83-3143, § 213, 8.30.83) Sec. 26.17. Application procedures. (a) To whom anode. All license applications under this article shall be made in writing to the city clerk on a form provided by the clerk. (b) Fee. Each license application made hereunder shall be accompanied by a thirty -dollar ($30.00) fee to cover administra- tive costs of the clerk in processing the application. (c) Contents. Each written application for a license pur- suant to this article made to the city clerk shall contnin the following information: (1) The true name and physical description of applicant. Supp. No. 19 1776 Li PEDDLERS AND SOLICITORS 4 2616 (2) The permanent home and local address of applicant. (3) A brief description of the nature of the business and the goods to be sold, offered for sale or for which sale will be solicited. (4) Reserved. (5) If employed, the name and address of the applicant's employer, together with credentials establishing the exact relationship. (6) If employer is a corporation, the slate of its incor- poration, whether it is authorized to do business in the slate, and evidence that the corporation has designated a resident agent in the city upon whom legal service may be made and that the corporation will be respon- sible for the acts of its employees in the city. (7) The length of time for which the right to do business is desired. (8) The last municipalities, not exceeding three (3), where i applicant carried on business immediately preceding the -�' date of application and the addresses from which such business was conducted in those cities. (9) A statement as to whether the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than a traffic violation, the nature of the offense and the penalty or punish- ment assessed therefor. (Ord. No. 74-2719, §§ V(A), (B), VIII, 5.7.74; Ord. No. 83.3143, § 2B, Cl, 2, 8.30-83) Sec. 28.18. Denial; appeal. Any person aggrieved by the action of the city clerk in the denial of a license as provided in this chapter shall have the right of appeal to the city council, Such appeal shall be taken by filing with the council a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the petitioner therefor in the same Supp. No. 16 1777 31654 12618 IOWA CITY CODE manner as provided for notice of hearing upon revocation. The decisions and f er of the council on such appeal nal and conclusive.d(Ord. No. 14-2719, § V (E), 5-7-74)nll be Sec. 26-19. Bond. All selGemployed persons or persons employed by firms, part- nerships, associations, corporations, or organizationspof any kind (excet 'is icense under this art stated shall rile w th the city clerk a personalng for a surety bond in the amount of one thousand dollars ($1,000.00) condi- tioned that the applicant shall comply fully with all ordinances of the city and laws of the state regulating peddlers/solicitors, and guaranteeing to any resident of the city that all money paid as a down payment will be accounted for and applied according to the representations of the licensee. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. (Ord. No. 74.2719, § IX, 6.7.74; Ord. No. 83-3143, § 2B, D, 8-30.83) Sec. 26.20. Issuance; register. (a) If the city clerk finds the application is made out in conformance with section 26.17(c) and the facts stated therein are correct, he/she shall issue a license. A license shall not be issued if the application for a license is incomplete. (b) The city clerk shall maintain a complete register of peddlers/solicitors so licensed, ate of issue and of with their home addresses, descrip- tions, andtiny renewal or surrender of each permit so ass ed. (Ord. No. 74.2719, § V(C), (D), 5-7.74; Ord. No. 83-3143, § 2B, E, 8.30.83) Sec. 26.21. Scope; transferability. Each license issued under this article shall authorize only the activity of the particular licensee to whom the license was issued for the period of the license as herein set out. Such license shall not be transferred. (Ord. No. 74-2719, § VI(B), 6-7-74) Supp. No. is 1778 316!y �I 1 PEDDLERS AND SOLICITORS 12625 Sec. 26-22. To be carried and exhibited upon request. The license issued pursuant to this article is to be carried at all times by the licensee when he/she is engaged in the particular activity for which the license was issued and shall, upon the request of prospective customers or officials, ex- hibit the license as evidence of compliance with all require- ments of this chapter. (Ord. No. 74-2719, § V(D), 5-7-74) Sec. 26.23. Revocation. The city council may revoke any license issued under this chapter where the licensee, in the application for the license or in the course of conducting his/her business has made fraudulent or incorrect statements, or has violated this chap- ter or has otherwise conducted his/her business in an un- lawful manner. Falsification of information on the application shall be grounds for revocation. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint, and the time and place of hearing. Such notice shall be mailed by registered mail to the licensee at his last known address at least five (5) days prior to the date set for hearing. (Ord. No. 74-2719, § RI, 5-7-74) Sec. 26.24. Term. A license issued pursuant to this article shall be, in all cases, for a period not to exceed one hundred twenty (120) days. (Ord. No. 74.2719, § VII (A), 5-7-74) Sec. 26.25. Renewal. Within the last ten (10) days of the period of any previous license issued under this article, an application for renewal of such license may be made to the city clerk upon payment of a fifteen dollar ($16.00) renewal fee to the city clerk. (Ord. No. 74.2719, § VII, 5.7.74; Ord. No, 83.3143, § 2F1, 2, 8.30.83) Supp. No. 18 1779 426.26 IOWA CITY CODE Sec. 26-26. Exemptions. This article shall not apply to any of the following: (1) Authorized representatives of religious or other non- profit organizations who solicit voluntary contribu- tions for their respective organizations. (2) Persons who sell newspapers on the public streets or sell and deliver from house to house. (:3) Persons who sell wholesale to merchants within the corporate limits of the city. (Ord. No. 74.2719, § III, 6.7.74; Ord. No. 83-3143, § 2G, 8.30.83) Supp. No. 18 [Thu next page is 1831] 1780 I 426.26 IOWA CITY CODE Sec. 26-26. Exemptions. This article shall not apply to any of the following: (1) Authorized representatives of religious or other non- profit organizations who solicit voluntary contribu- tions for their respective organizations. (2) Persons who sell newspapers on the public streets or sell and deliver from house to house. (:3) Persons who sell wholesale to merchants within the corporate limits of the city. (Ord. No. 74.2719, § III, 6.7.74; Ord. No. 83-3143, § 2G, 8.30.83) Supp. No. 18 [Thu next page is 1831] 1780 J UTILITIES § 33.118 Consumer shall mean any person using water furnished by the city, including all persons occupying and/or owning premises at the time the water is used. Service pipe shall mean the pipe laid beyond the water main toward the premises to be served with water; the service pipe shall include all pipes and valves between the water main and the water meter. Nater main shall mean any pipe laid by the department of public works or an agent thereof or accepted by the depart- ment of public works which is a portion of the water distribu- tion system for the city. (Ord. No. 75-2773, § I, 7-22.75; Ord. No. 83-3142, § 2A, 8-30.83) Cruse reference—Rules of construction and definitions generally, § 1.2. Sec. 33.116. Denial of application for service pipe. The director of public works may deny an application for a water service pipe when, in the judgment of the director, the _ extension of a water main rather than a service line is neces- sary to provide adequate service or to assure the future de- velopment of the distribution system. (Ord. No. 75-2773, § XI, 7-22.75) Sec. 33.117. Inspections. Any employee of the department of public works or any authorized inspector shall be permitted at all reasonable hours to enter the premises or buildings of consumers for the pur- pose of reading meters and inspecting water pipes and fix- tures. The department of public works is authorized to set or remove a meter whenever it is deemed advisable. Refusal on the part of the owner, consumer, or occupant of any premises serviced by the city water to permit any employee of the de- partment of public works to enter such premises shall be sufficient cause for discontinuance of the water services at such premises. (Ord. No. 75-2773, § XIV, 7.22-75) Sec. 33.118. Opening hydrants. No person except authorized city employees acting in the performance of their duties shall open a water hydrant belong - Supp. No. 18 2289 3/G51 rl § 33-118 IOWA CITY CODE ing to the city at any time without written permission issued by the department of public works. (Ord. No. 75-2773, § XV, 7-22-75) Sec. 33.119. Information supplied to plumbers and interested parties. Information which may be obtained from the records, maps, and employees of the department of public works relative to the location of water mains and service pipes will be furnished to licensed plumbers and interested parties; but the depart- ment of public works will not guarantee the accuracy of such records. (Ord. No. 75-2773, § XVI, 7-22-75) Sec. 33.120. Mains—Size and extensions. (a) The size of the water main required to serve any part of the city shall be determined by the director of public works. (b) All water main extensions shall be made to the furthest point on the owner's property line in order to allow for any future expansion. (c) Extension of water mains along streets laying partly inside and partly outsiAe of the limits of the city shall be made on the basis of special assessments against abutting property owners. The city may pay the assessment on land lying out- side the city limits; and if so paid, the city may make provi- sions for collection of such payment from those property owners at the time such land is annexed. (d) No water main shall be extended outside the limits of the city except to serve property within the city limits or under contract with the city. (Ord. No. 75-2773, § XVII, 7- 22-75) Sec. 33-121. Same—Costs. When water mains are extended, the property owners benefited thereby as determined by the director of public works shall be charged a uniform fee based upon the cost of extending a water Supp. No. IS 2290 3/(ox UTILITIES 4 sS-Iso previously furnished such applicant have been paid, and that a Suitable place has been provided for the meter. (Ord. No. 76-2773, § XII(A), 7-22-75) Sec, 33.151. Location, (a) Meters shall be placed on a service pipe in a position OD more than two (2) feet from where the service pipe enters the premises. The meter shall be placed in a clean, dry location Which is readily accessible to members of the department of public works, (b) Where a service pipe of two (2) inches or larger is used, the plumber shall contact the department of public works for instructions regarding the fittings and placement of the water meter. (Ord. No. 75-2773, § XII(D), 7-22-75) Sec. 33.152. Valves and fittings. There shall be a valve between the water meter and the wall and valve on the outlet side of each meter not more than three (3) feet from such meter. All valves and fittings neces- sary for installation of a meter shall be provided by the owner of the premises to be served. (Ord. No. 76-2773, § XII(D), Sec. 33-153. Size; use of multiple meters authorized when meter larger than two inches is required. The department of public works shall determine the size of the water meter to be installed. For premises requiring a two (2) inch meter or larger the department of public works may install two (2) or more meters of a smaller size. 11rhere meters are so placed, each meter shall have a valve or shutoff on both the inlet and outlet pipe in addition to the basement shut- off. (Ord. No. 75.2773, § XII(D), 7-22-75) Sec. 33.154. Protection. (a) The owner of the premises where a water meter is in- stalled shall be responsible for its care and protection from freezing, hot water, and from any person. Supp. Na is In case of damage 2295 314Y § 33.154 IOWA CITY CODE to the meter or in case of its stoppage or improper operation, the owner shall give immediate notice to the department of Public works. (b) In all cases where meters are broken or damaged by the negligence of the owner or the occupants of the premises or by freezing, hot water or other injury except ordinary wear and tear, the necessary repairs to the meter shall be made by the department of public works; and the cost of such repairs shall be paid by the owner. If payment for damages is not received at the time of demand, the department of public works shall turn off the water and shall not turn it on until full payment has been made together with all service charges. Damaged meters may be repaired by the department of public works Without first giving notice to the owner of the premises served by such meter. (c) No one shall in any way interfere with the proper registration of water meters, and no one except an authorized employee of the department of public works shall break a seal on a water meter. (d) Whenever a water meter is installed in premises that are to be remodeled, removed, or destroyed or where the serv- ice is to be discontinued, the owner of such premises shall give notice in writing to the department of public works re- questing removal of such meter and granting free access thereto. The owner or his authorized agent shall be re- sponsible for the meter until such written notice is given and the meter is recovered. If the meter is damaged, buried, or lost, the owner shall be required to pay for the same at cost less depreciation. (e) When a tenant notifies the city that he/she is moving and no one has authorized service to start for a new tenant, the city shall automatically place the account into the name of the owner/manager. Billings generated during the first fifteen (16) days, atter which a rental property account has been put into the owner'slmanager's name, shall include charges for actual water usage only; no minimum charges or refuse charges will be in- cluded. No reading fee is to be charged on the automatic return to the owner's/manager's name. When an owner/manager receives Supp. No. IS 2296 3/6� UTILITIES 4 33155 a bill for water usage, for the interim period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant of his/her responsibility to pay the bill. Upon written notification from the owner/agent, the city will transfer the billed amount to the tenant's account. (Ord. No. 76-2773, § XII, 7-22-76; Ord. No. 83.3142, § 21), 8-30.83) Sce. 33.155. Testing. In case there is any doubt as to the accuracy of a water meter on the part of a consumer, he may request that a meter be tested by the department of public works, at which test he may be present or have a representative present if he so desires. If the water meter is found to register within two (2) per cent of being correct, a charge of ten dollars ($10.00) Supp. No. 18 2296,1 UTILITIES § 33-167 furnished by the purchaser will be billed at four dollars ($9.00) per one thousand (1,000) gallons or fraction thereof. The de- partment of public works will not be responsible for the purity of water after it leaves the supply line when it is delivered to the purchaser's container. (Ord. No. 75.2773, § IV, 7-22-76) Sec. 33-166. Classification of service; billing. Water service shall be divided by user type: Residential, commercial/retail, industrial, governmental/institutional, other (consumers outside corporate limits). The director of public works shall determine the allocation for each consumer based on such criteria as rate of consumption, water use, size of meter, etc. Meters on residential service shall be read bimonthly (once every two (2) months). Charges and billings for services shall be billed bi-monthly (once every two (2) months) based upon actual readings. Meter readings for other users shall be determined by the director of finance. All charges are due and payable when rendered and become delinquent fifteen (15) days thereafter. (Ord. No. 75.2773, § V, 7-22-75; Ord. No. 76-2802, 6-22-76) Sec. 33-167. Collection procedures. (a) The department of finance may discontinue service to any consumer or property owner who has failed to pay for the water supplied, after a notice and hearing before the director of finance or his or her designated representative. The notice shall be posted on the premises and shall be mailed by first class mail to the affected consumer or property owner. It shall state in writing the reason for discontinuance of service and shall give the consumer or property owner at least seven (7) days' notice of the time and place of such hearing so that all parties shall have an opportunity at such hearing to respond and present evidence and arguments on all issues involved. (b) Parties shall be promptly notified of the decision of the director of finance or his or her designated representative by the delivery to them of a copy of such decision by personal service or by certified mail, return receipt requested. Supp. No, IS 2299 3/,;�Z § 33.167 IOWA CITY CODE (c) In addition to the above, the city shall have alien upon the property of any consumer or property owner who has failed to pay for the water supplied, The city shall adopt by resolution and the city clerk shall certify the amount Of the lien and file the same with the county auditor. Such lien shall attach to the property which was served upon certification by the city, council. Liens perfected totothe extent f the balann this manner shall ce due tossed against the property to the city for water supplied and losses incurred in perfect- ing such lien. Such lien shall be enforced until payment of the claim. When the lien is satisfied by payment of the claim, the city shall acknowledge satisfaction thereof and file a release with the county auditor in the county where the prop- erty is situated. Provided further, however, that any rental prop- erty erty owner or manager shall furnish to the city ss and telephone number (if known) name and forwarding addre of formls er tenants who past due and have 3 Providing vacated the this information shall cause the city to forbear filing the lien provided for in this section. (d) The director of finance is authorized to charge a fee for delinquent water service accounts. Such fee shall be set f by resolution and shall reflect costs incurred in processing the account. Water service to a property which has been dis- continued pursuant to this section may be resumed provided that the consumer or property owner pays the delinquent amount plus any additional fees and charges. Water service to e of the rental properties shall be resumed occunotwpying remng isesrto have persons formerly living there or occupy ghave paid all water bills provided that all such the rentor persons .party owner the premises as verified in writing by 2 &28.77; Ord• No. 80-2994, § 2B, 4.15-80; Ord. No. 83.3142, § 2B, C, 8.30.83) Sec. 33.188. Procedure for fixing rales. Before any ordinance is enacted to fix rates to be charged under this division, a public hearing on the Proposed change shall at a time MO - thin ofthe ec held council. Notice tldetermined of suchh hearing shal contain Supp, No. 18 2300 31451 UTILITIES § 3"-170 t the date, time, and place for the hearing and shall be pub. lished once in a newspaper of general circulation in the city, not less than four (9) nor more than twenty (20) days prior to such public hearing. (Ord. No. 75-2773, § XXII, 7-22-75) Sec. 33.169. Authority of director of public works to estab- lish fees and charges for services. The director of public works shall establish written uniform fees and charges for various consumer services. Such fees and charges shall be based upon labor, materials, overhead and other expenses incurred by the city. Such fees and charges, before becoming effective, shall be adopted by resolution. (Ord. No. 75-2773, § XII(B), 7-22-75; Ord. No. 76.2808, § 11, 9-21-76) Sec. 33.170. Connecting loops. Before connection by the abutting property owner to water mains constructed at the expense of the department of public �1 works, such property owner shall pay to the city a charge based upon the front footage of the property to be served and based upon the costs of a six (6) inch water main. If the con- necting loop is such that property outside the subdivision abuts such loop or ties and connections are made to such line, the city shall collect the regular charge per front foot and shall re- imburse the original payer to the extent of the collection so made. In no event shall the actual amount so paid to the indi- vidual or subdivider by the city exceed the original cost of the extension. (Ord. No. 75-2773, § XX, 7-22-75) Supp. Na 18 [The next page is 2351] 2301 .3/G 5< Ci APPENDIX A—ZONING 4 8.10.8 18. Building heights. The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip, and gambrel roofs. 14. Building inspector. The official designated by the City Manager to enforce this chapter. 16. Cellar. A story having more than one-half of its height below grade. A cellar is not counted as a story for the purpose of height regulations. 16. City. The City of Iowa City, Iowa. 17. Centerline. A line halfway between the lines of the area under consideration. 18. City manager. The Chief City Administrator. 19. Clinic. An establishment occupied by one or more mem- bers of a healing profession. 20. Commission. The Planning and Zoning Commission of Iowa City, Iowa. 20a. Conversion. Any change in a principal use to another principal use. (Ord. No. 76.2788, § II(1), 11.26-76) 21. Council. The City Council of Iowa City, Iowa. 2la. Developmentally disabled. Any person who has a dis- ability attributable to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological con- dition, which disability originates before such Individ- ual attains age eighteen (18), and which constitutes a substantial impairment expected to be long -continued and [of] indefinite duration. (Ord. No. 78-2920, § 2, 9-12-78) 22. District. A section or sections of the City of Iowa City, Iowa, included within the valley, residential, commercial or industrial districts. 22a. Drive, driveway. An asphalt, concrete or similar perm- anent dustfree surface designed to provide vehicular access to a parking area which is composed of more Supp. Na i6 2481 .3/4-V Gi J MR § 8.10.3 IOWA CITY CODE _ than four (4) parking spaces and an aisle(s) and which shall be at least ten (10) feet wide. (In no case can a drive be an aisle; see definition for "aisle".) (Ord. No. 79-2964, § 2A, 8-28-79) 23. Dwelling. A building or portion thereof which is desig- nated or used for a residential purpose. 24. Dwelling -multiple. A dwelling that contains more than two separate living units. 25. Dwelling -single family. A dwelling that contains only one living unit. 26. Dwelling -two Jandlg. A dwelling that contains two separate living units. 26a. Dwelling unit/living unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and form- ing a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. (Ord. No. 81.3036, § 2A, 9-22.81) 26b. Dwelling -zero lot line. A single-family dwelling with one wall located on a side lot line which is not a street or alley right-of-way line. (Ord. No. 83.3145, § 2A, 9-27.83) 26b[c]. Elderly housing. A residential building(s) containing one or more dwelling units especially designed for use and occu- pancy of any person, married or single, who is eligible to receive old age benefits under Title 2 of the Social Security Act; handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disability Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act; or relocated by governmental action or disaster. (Ord. No. 78.2887, § II, 4478; Ord. No. 81.3036, § 2B, 9.2281) 27. Enhirgentent. Increasing the cubicle contents of a building. 28. Family. One person or two or more persons related by blood, marilage, or adoption occupying a living unit as an individual housekeeping organization. A family may Supp. No. 18 2482 3/ 4 �1 APPENDIX A—ZONING Q 8.10.8 also be two, but not more than two persons not related by blood, marriage, or adoption. 28a. Family care facility. A governmentally licensed or ap. proved facility which provides resident services in a dwelling unit to six (6) or fewer individuals who are not related to the family household. These individuals are developmentally disabled or aged, in need of adult supervision and are provided service and such super- vision in accordance with their individual needs. (Ord. No. 78-2920, § 2, 9-12-78) 29. Farm. An area which is used for the growing of the usual farm products such as vegetables, fruits and grain and their storing on the area, as well as for the raising thereon of the usual farm poultry and farm ani- mals. The term "farming" includes the operation of such area for one or more of the above uses with the neces- sary accessory uses for treating or storing the food produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feeding of garbage or offal to swine or other animals. Supp. No. 18 2982.1 3/G �/ ,\4 8.10.4. Districts and boundaries thereof. A. In order to classify, regulate and restrict the location of residences, trades, industries, businesses and other land uses and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereinafter erected or structurally altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards and other open spaces around such buildings, the City of Iowa City, Iowa, is hereby divided into four (4) districts, to -wit: V District—Valley District R District—Residential District DoN W is 2489 .5/6fl APPENDIX A—ZONING 4 8.10.4 78. Yard line, front A line parallel to the street and as far back from the street as required in this chapter. The terms "front yard line" and "building line" are synonymous. 79. Yard ling rear. A line parallel to the rear lot line and as far back from the rear lot line as required in this chapter. 80. Yard ling side. A line parallel to the side lot line and as far back from the aide lot line as required in this chapter. 81. Yard rear. A yard extending across the full width of the lot between the rear lot line and the rear yard line. (Ord. No. 79.2939, § 2, 1.30.79) 82. Yard aide A yard extending from the front yard to the rear yard and between the side lot line and the side yard line. (Ord. No. 79.2939, § 2, 1.30.79) 83. Zone A section or sections of the City of Iowa City, Iowa, in which the regulations set out in the chapter are uniform. 84. Zoning code interpretation panel. A staff panel designated by the city manager to interpret the provisions of the — zoning code in such a way as to carry out its intent and j Purpose. The panel may be composed of one member of the housing and inspection services department, one member of the department of planning and program development, and one member of the legal department. The concurring vote of all members shell be necessary to carry out its business. In the case where a decision cannot be reached, the city manager shall make the final interpretation and issue the panel report. (Ord. No. 82.3067, § 2A, 6.22.82) 8.10.4. Districts and boundaries thereof. A. In order to classify, regulate and restrict the location of residences, trades, industries, businesses and other land uses and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereinafter erected or structurally altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards and other open spaces around such buildings, the City of Iowa City, Iowa, is hereby divided into four (4) districts, to -wit: V District—Valley District R District—Residential District DoN W is 2489 .5/6fl C7 § 8.10.4 IOWA CITY CODE. C District—Commercial District M District—Industrial District which districts are further subdivided into specific zones to -wit: VC—Valley Channel District VP—Valley Plain District RIA—Single Family Residence Zone RIB—Single Family Residence Zone RIC—Single Family Residence Zone R2—Two Family Residence Zone R3—Multi-Family Residence Zone R3A-Multi-Family Residence Zone R3B—Multi-Family Residence Zone RMH—Residential Manufactured Housing Cl—Local Commercial Zone CO—Commercial Office Zone CH—Highway Commercial Zone C2—Commercial Zone CB—Central Business Zone CBS—Central Business Service Zone Ml—Light Industrial Zone M2—Heavy Industrial Zone IP—Industrial Park PC—Planned Commercial Zone ORP—Office and Research Park Zone (Ord. No, 74.2718, § II(A), 4-30.74; Ord. No. 74.2720, § II(A), 5.7.74; Ord. No. 74.2729, § I(A), 8.6-74; Ord. No. 74.2736, § II(A), 10.15-74; Ord. No. 82.3080, § 2B, 9.28.82; Ord. No. 83.3145, § 2B, 9-27.83) Supp. No. IS 2490 _... ��. APPENDIX A—ZONING §8.10.8.1 7. Family care facilities. B. Premises in the RIB Residence Zone may be used for the same purposes as in the RIA Residence Zone. (Ord. No. 78.2920, § 2,9-1.2-78) 8.10.7.1. RIC Zone use regulations. 1. Premises in the RIC Single Family Residence Zone shall be limited to the uses set forth in section 8.10.7. 2. Duplexes. (Ord. No. 83.3145, § 2C, 9-27.83) 8.10.8 R2 Zone use regulations. The premises in the R2 Residence Zone may be used for the following purposes only: 1. The uses set forth in 8.10.7. 2. Two-family dwellings, provided, however, that no more than three (3) persons not members of the family may ^ room in each living unit provided that off-street perking is provided. 3. Occupancy of a dwelling by not to exceed three (3) persons not members of the family residing in said dwelling and pro- vided that off-street parking is provided. 8.10.8.1 R3 Zone use regulations. The premises located in the R3 Multi -family Residence Zone shall be used for the following purposes only: A. The uses set forth in 8.10.7. B. The uses set forth in 8.10.8. C. Multiple dwelling. D. Fraternity and sorority houses. E. Lodging houses and boarding houses. F. Hospitals and institutions except animal, criminal or men- tal hospitals. Supp. No. IS 2494.1 316 el AN 5 8.10.8.1 IOWA CITY CODE G. Clinics except animal clinics. H. Nursing and custodial homes. 8.10.82 RNC -20 Residential Neighborhood Conservation Zone (a) Intent It is the purpose of this zone to preserve the charac- ter of existing neighborhoods and [the zone] is designed to pre• vent existing multifamily uses within the neighborhood from becoming nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. (1) Single-family dwellings. (2) Two-family dwellings. (3) Multifamily dwellings. (4) Family care facilities. (F) Churches. (6) Nurseries, prekindergarten, kindergartens, and other pri- vate or special schools where at least one hundred (100) square feet oflopen play space is provided for each child enrolled, h% (7) Group care facilities. (c) Prouisionat uses. (1) Rooming houses, fraternity and sorority houses, provided l that one thousand eight hundred (1,800) square feet of lot area is provided for each three hundred thirty (330) square feet of total floor area. (2) Dwellings with a maximum of two (2) roomers in each dwelling unit provided that for single-family dwellings one additional off-street parking space per roomer shall be furnished. (d) Reserued Supp. No. IB 2494.2 3/G �/ Ci �\ APPENDIX A—ZONING 58.10.8.2 (e) Dimensional requirements. (1) Minimum lot area: Seven thousand two hundred (7,200) square feet. (2) Minimum lot area per unit: One thousand eight hundred (1,800) square feet. (3) Minimum lot width: Sixty (60) feet. (4) Minimum lot frontage: Thirty-five (36) feet. J i u U1e Specific Conditions Zona screened by using planting materiels v as specified for screening in Section 8.10.18.A1 (as amended by Ordinance no. 2468). 6. The permitted occupancy (beds) of the building(s) shall be determined by the following ratios (bed/square feet of lot area) by zoning district: Zone Bed/S.F. of Lot Area b RIA 1/2000 N RIB —.—..-1/1200 � R8 1/600 BSA —.—_I/800 x R3B 1/200 n Outdoor theaters None C2 and CH only Philanthropic Same requirements as those for hospi- Any except RIA and tale, educational and religious institu- RIB tions Zero lot line dwelling 1. The minimum lot area shell not be less RIC, R2 and R3 than 4,000 square feet in the RIC Zone o e M Use Specific Conditions 9 o nor less than 3,000 square feet in the R2 • and R3 Zones. m 2. Where an abutting lot has been devel. oped with a dwelling with a setback of more than 0 feet but less than 10 feet, the i zero lot line dwelling shall be located such that there is a minimum of 10 feet be. i tween unattached dwellings. An easement from the abutting lot owner shall be ob. tained to ensure that a 0 or 10 foot sepa- N ration is retained. m 3. No portion of a wall, roof, or appurte- nance thereto on the zero side yard shall project over the lot line. Openings in the wall shall be prohibited. 4. Buildings shall be designed such that storm water from roofs does not run di- rectly onto abutting lots. 5. Legal provision shall be made for per. i manent access for the maintenance of the exterior portion of the proposed building located on the lot line and for other iwall p _ common elements such as aisles, A per. ;_Irk I Zones m 0 a 0 It I I Use Specific Conditions Zones P manent ten -foot maintenance easement to m provide such access shall be secured prior to issuance of a building permit. 6 . One side yard shall be at 0 feet and all other side yards at 10 feet. 7. The 2 required parking spaces may be Provided in the front yard. 8. Each zero lot line dwelling shall be Provided with separate building access and with separate utility service from the street or rear lot line.PD x o ;. 9. All other requirements of the zone in which it is located shall be applicable. > (Ord. No 74.27x6, 4 II(D), 10.16.74; Ord. No. 762761, § II(A), (B), 1230.74; Ord. No. 78.2887, § III, 4.4.78; Ord. No. 78.2921, § II, 9.19.78; Ord. No. 81.3041, § 2,11.10.81; Ord. No. 82.3080, § 2D, 9.28.82; Ord. No. 83-3146, § 21), 9.27.83) i m 0 u Gi APPENDIX A—ZONING 6 8.10.22 7. All junkyards shall conform with the requirements of section 8.10.18.A, and section 8.10.16.A. within five (6) years after August 7, 1962. E. Nonconforming buildings. 1. Any building, which contains a conforming use, but could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements con- cerning the structure, may continue subject to the following conditions: a. Any nonconforming building which has been de- stroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of fifty (50) per cent or more of its assessed valuation, shall thereafter conform to the provisions of this ordi- nance. Where the damage is less than fifty (50) per cent, such building may be restored to the same degree of nonconformity as existed before such damage. b. No building may be structurally altered in a way which increases or extends its nonconformity; however, it may be structurally altered in a way which will not affect or which will decrease its nonconformity. c. Any building which is moved shall thereafter con- form to the provisions of this ordinance. (Ord. No. 76-2788, § I1(111), 11-25-75; Ord. No. 78-2981, § 2,12.6-78) 8.10.22 Height regulations. A. Except as provided in Section B, buildings shall not exceed the following height limits: 1. In RIA, RIB, RIC, R2, R3, CO and CH Zones, said build• ings shall not exceed two and one-half (2ui) stories and shall not exceed thirty -rive (35) feet; except that a building Supp. No. is 2626 3/GV J $ 8.10.22 IOWA CITY CODE /'•� on a lot in the CO or CH Zone within 45 feet of the side lot line of a lot with an existing residential building in an R Zone shall not exceed the height of said residential build. ing. (Ord. No. 74-2734, § II, 9.17-74; Ord. No. 74-2736, § II(E), 10.16.74; Ord. No. 83-3145, § 2E, 9.27-83) 2. In JIM, R3B, C2, MI, IP and ORP Zones, said buildings shall not exceed three (3) stories and shall not exceed 45 feet. (Ord. No. 74-2720, § 11 (K), 6-7-74) 3. In the Cl Zone said buildings shall not exceed 25 feet. 4. In M2 Zones said buildings shall not exceed 100 feet, provided where a lot in M2 Zones is adjacent to a lot in an R District, the building shall be set back from such a line one foot for each 6 feet of building height. (Ord. No. 74-2718, § 11 (F), 4.30-74) 5. In the CB Zone, said buildings shall not exceed fifteen stories and shall not exceed 170 feet. (Ord. No. 74.2718, § II(G), 4-30-74) 6. In the CBS Zone, said buildings shall not exceed 8 stories and shall not exceed 100 feet. (Ord. No. 74-2718, § II(H), 4-30.74) B. The height limits set out in Section A above may be exceeded in the following instances: 1. A public building, church, temple, hospital, institu. tion, or school may be increased in height up to a maximum height of 70 feet if set back an additional foot over the yard required In Section 8.10.23 for each two feet over the height limit otherwise required. This Section has no effect on the height limitations for the CB and M2 Zones. 2. Chimneys, church steeples, cooling towers, elevator block heads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, radio and television towers, grain ele• vators, or necessary mechanical appurtenances are exempt from the height regulations. Supp. No. IS 2526 3/G � J APPENDIX A—ZONING § 8.1022 3. Storage buildings are exempt from the story limitation but are not exempt from the "number of feet' limita- tion. 4. Buildings in the C1 and ORP Zones may be increased in height one (1) foot for each foot that the building is set back from all required yard lines. (Ord. No. 74-2720, § II(L), 5-7-74) 5. A high rise apartment house or apartment hotel com- Plying with the provisions of 8.10.19. C. Approach and clear zones. No building or structure or any portion thereof shall be erected within the approach zone of any runway or landing strip established by the Master Plan of the 'own City Municipal Airport in excess of a height above the elevation at a point 200 feet from the end of any said runway equal to one -twentieth of the horizontal dis- lance from the point 200 feet from the end of said runway, measured along the centerline of said runway extended. The ' approach zone is considered to be a trapezoidal area extend- ing from a point 200 feet from the end of any said runway and in the -same direction as said runway for a distance of 2000 feet. Such area is 400 feet wide at a Point 200 feet from the end of the runway and 800 feet wide at a Point 2200 feet from the end of said runway, all being extended in the same direction as said runway. Further, no buildings or structures or any Portion thereof shall be erected in the transition zones on either aide of an approach zone of any such runway or landing strip in excess of a height above the elevation at a Point 200 feet from the end of said runway measured along the centerline of said runway extended Plus one-seventh of the horizontal distance to the near edge of the approach zone, measured perpendicular to the centerline of said runway extended. Where an airport is bounded by a public road, the effective length of runways directed over any said public road shall be computed (using a elope of 20 feet horizontal to one foot vertical) to Produce a height of fifteen feet at the right-of-way line of each road nearest the airport. Supp. No. 18 2627 3/6 �z Li J $ 8,10.22 IOWA CITY CODE D. Repealed. (Ord. No. 78-2931, § III, 12-5-78) ` 8.10.23 Yard regulations. A. Except as specifically provided in Sections B and C, Yards shall be provided for buildings as shown in the follow- ing tabulation: One Front Yard Two Side Having a Depth One Rear Yards Having Yard Having Zone of Width of a. Depth of RIA 30 feet RIB26 feet 8 feet 30 feet RIC 20 feet 5 feet 30 feet R2 26 feet 5 feet 6 feet 20 feet R3, RM, R3B 20 feet 5 feet 26 feet C1 20 feet CONone 25 feet 20 feet 25 feet None CH feet None C2 None None ne None None CB CBS None None None —. None / None None MI. 25 feetNone M2 None None None None IP 25 feetNone PC None 40 feetNone 20 feet ORP 200 feet 20 feet (Ord. No. 74.2718, a 100 feet JIM, 4-30.74; Ord. No. 74-2720, 6-7-74; Ord. No. 100 feet § Ii(M), 74-2729, § I(E), 8-6-74; Ord. No. 74-2736, § II(F),10-15.74; Ord. No. 83.3145, § 2F, 9.27.83) B. The following general regulations for yards must also be observed: 1. In the C1, MI, IP and ORP Zones on lots fronting two non -intersecting streets, a front yard provided on both on must be streets. (Ord. No. 74-2720, 5.7.74) § II(N), 2• On corner lots, the required front yard and and restrictions thereof shall apply to both (Ord. No. 74-2720, § II(0), 6-7.74) the use streets. Supp. No. 1s 2528 3/G �jL Ci APPENDIX A -ZONING § 8.10.24 8.10.24 Area regulations. A. Except as provided in Section 8.10.24.B., there shall be minimum lot frontage, minimum lot width, minimum lot area, and minimum lot area per family as shown on the following tabulation: (Area Per Family in Square Feet) Lots Dwellings Frontage Width Area in Single Tura Multi - Zone in Feet in Ft. Sq. Ft. Family Family Family RIA 40 80 10,000 10,000 RIB 35 60 6,000 6,000 RIC 25 45 4,000 5,000 4,360 R2 35 50 5,000 5,000 3,000 R3 35 50 5,000 5,000 3,000 3,000 113A 35 50 5,000 5,000 2,500 1,000 R3B 35 50 5,000 5,000 2,500 750 C1 35 35 none 10,000 10,000 10,000 CO none none none • ' ' CH none none none 10,000 10,000 10,000 C2 none none none 6,000 3,000 2,000 CB none none none 5,000 2,500 750 CBS none none none ' • 750 M1 none none. none 6,000 6,000 6,000 M2 none none none IP none none none ORP 400 400 304,920 • Indicates not permitted in the district. (Ord. No. 74.2718, § II(d), 4-30.74; Ord. No. 74-2720, § II(Q), 5-7-74; Ord. No. 74.2729, § I(F), 8.6.74; Ord. No. 74.2736, § II(G), 10.15.74; Ord. No. 83-3145, § 2G, 9.27.83) B. For every 330 square feet of total floor area in a rooming house, the equivalent minimum amount of lot area required for a multifamily dwelling unit in the zone in which the rooming house is located shall be provided. (Ord, No. 77.2838, § II, 5-24.77; Ord. No. 78.2931, §111, 12-5-78;Ord. No. 81.3035,§ 2,9.22.81) Supp. No. IS 2580.1 3/6 g/ Lr §8.10.24 IOWA CITY CODE C. Reserved. (Ord. No. 75-2788, § ll(IV), 11.25.75; Ord. No. 77-2837, § II(B), 5.24.77; Ord. No. 78-2931, § 11,12-5-78) D. Reserved (Ord. No. 77-2838, § III, 5-2477; Ord. No. 78-2931, § III, 125.78) E. The minimum area of an ORP Zone shall not be leas than 21 acres. (Ord. No. 74-2720, § II(R), 5-7-74)- F. The minimum zone area for an RMH Zone shall be not less than ten (10) acres. (Ord. No. 82.3080, § 2E, 9.28-82) 8.10.25 Off-street parking requirements A. In all zones except the CB Zone there shall be pro- vided at tfie time any building or use is created or structurally altered (except as otherwise provided in this Chapter), off- street parking spaces in accordance with the following re- quirements: Supp. No. 18 2580.2 3/G �/ .J Use Space Requirements I. Single and two family Two spaces per each living dwellings. unit. 2. Multiple family dwelling. 111/2 spaces per dwelling unit except that such dwelling unit with less than 300 square feet of floor area shall have not less than 11/4 spaces. 3. Assembly halls or rooms One space for each 100 square without fixed seats; ex- feet of floor area used for as- hibition halls (except sembly, dancing or dining. church assembly rooms) In conjunction with audi- toriums. 4. Clubs, lodges, fraternal One apace for each 300 square and similar organizations. feet of floor area, 6. Fraternities, sororities, One apace for each 300 square and dormitories. feet of floor area. Supp. No. 18 2580.2 3/G �/ .J Li APPENDIX A—ZONING 18.10.24 - 1. All parking spaces, stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dustfree surface. 2. Parking areas shall have the minimum dimensions illus. trated in Figure 1 for each of the parking configurations permitted (where the edges of parking spaces are curved, as on a curved aisle, all angles shall be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection.) 3. Up to one-third of the required number of parking spaces may he eight (8) feet in width by fifteen (15) feet in length if the parking spaces are signed "compact vehicles only." 4. All parking spaces shall be connected to an aisle which shall have a width as indicated in Figure 1. Aisles de- signed to two-way traffic shall have a minimum width of twenty-two (22) feet. 5. When combining different parking space configurations on the same aisle, the greatest aisle width shown in Figure 1 for the configurations used shall be provided. 6. Parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other vehicle occupying a parking space. 7. Parking spaces along lot lines shall be provided with car stops or curbing so no part of a parked vehicle can extend beyond the lot line. B. In all parking areas required by this chapter, parking spaces shall be visibly delineated on the surface by painted or marked stripes. 9. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street, 10. No parking area with more than eight (8) parking spaces shall be designed in such a manner that exiting a parking area would require backing into an alley. 11. No parking space shall be located closer than five (5) feet to a ground floor doorway or window of a principal building, Supp. No. 18 2539 .31615Z J /1 18.30.25 IOWA CITY CODE 12• All handicappeding O dpNo. 83• moat comply with state code re quirements. 3114, !t 2C, 4.12.83) 8.10.28 Permitted accessory uses. A. The following accessory uses are permitted: I. In the RIA, RIB, R1C and R2 Zones: (a) Private garages. (b) Home occupations. (c) Vegetable and flower gardens. (d) Tennis courts, swimming pools, garden houses, pergo- las, ornamental gates, barbecue ovens, fireplaces, and similar uses customarily accessory to family uses, and fallout shelters or blast shelters. (a) Storage of wood, lumber and other material where the land occupied by such storage is confined to one Iota. tion with a maximum area of one hundred (100) square flet Provided that there free air space under suchis at least eight (8) inches of storage. (() Keeping of small animals commonly housed in a dwell• Ing but not for sale purposes; provided, however, that Chis shall not aRect terms of more than three (3) acres where animals are housed in structures located more than fifty feet firm A 2H, 9.27-89-83) Properly lines. (Ord. No. 83,9145, 2• In the R3 Zone there may also be Parking lots, storage garages, and 3. In the Cl, CO, CH and C2 Zones there may also be a use of not to exceed forty (40) per cent of the floor area for inti• dental storage. (Ord. No. 74.2738, 9 11(I) 10.15.74) 4. In the C2, CB, CBS and M Zones, there may be any acres• sory use, except that any private ofBstreet parking facility in the CB Zone shall be permitted only after approval by pt of a report from the city council subsequent to the recei the planning and zoning commission. (Ord. No. 74.2718, 0 BaDD• No. 19 IRK 4.30-74; Ord. No. 74. 2730, § II110, 8.8.74) 2540 314X APPENDIX A -ZONING § 8.10.26 5. Temporary buildings for construction purposes are permit. ted in any zones as accessory buildings during the course Of construction. 6. Accessory buildings may not be used for dwelling purposes. 7. In the ORP Zone, there may be printing, publishing, de. sign, development, fabrication, assemblage, storage and warehousing, and employee service facilities. (Ord. No. 74.2720, § 1I(U), 5.7.74) B. In the RMH Zone, pursuant to the requirements of Chap. ter 22 of the Code of Ordinances: (a) Management office. (b) Manufactured housing sales. (c) Equipment and materials storage. (d) Tenant storage. i (e) Laundry facilities. (1) Swimming pools. (g) Tennis courts. (h) Recreation buildings/club houses. (f) Parking areas. 0) Garages. (k) Single-family residence of owner or manager. (Ord. No. 82.3080, § 2F, 9.28-82) B. Accessory buildings shall be located in accordance with the following rules: 1. Accessory buildings may be located in a rear yard but may not occupy more than thirty (30) per cent of a rear yard. 2. An unattached accessory building shall not be located in the front yard, closer than six (6) feet to the main building, or closer than five (5) feet to the side or rear lot line. An unattached accessory building, however, may be located within three (3) feet of a side or rear lot line if it is located at least sixty (60) feet from the street, except that an Supp. Na 1S 2540.1 3i4�z Gr 4 8.10.26 IOWA CITY CODE -� accessory building shall not be located closer than five (6) feet from the rear lot line of a reversed corner lot. (Ord. No. 79.2966, 4 2B, 8.28.79) 3. Where a garage is entered from an alley it must be kept ten (10) feet from the alley line. 4. On corner lots the minimum buildable width of twenty. eight (28) feet for main buildings is reduced to twenty-two (22) feet for accessory buildings. I &10.27. Fence requirements. ' Purpose The purpose of this ordinance is to promote the gen• eral health, safety and welfare by regulating the height, location and types of fences in the City of Iowa City. Supp. No. 18 2640.2 3/G i I APPENDIX A—ZONING § 8.10.28 D. Permit required. It shall be unlawful to erect or con- struct 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 in- spector and shall be accompanied by a sketch or design of the proposed fence and a plot plan showing the loca- tion of the proposed fence. (Ord. No. 75.2753, § 11, 1-28.75; Ord. No. 79.2939, § 3, 1- 30-79) 8.10.28 Board of adjustment. A. A board of adjustment is hereby established, consist- ing of five (5) members, all of whom shall be residents of the City of Iowa City, appointed by the mayor with the consent of the city council. The five (5) members of the first board appointed shall serve terms of one (1), two (2), three (3), four (4) and five (5) years respectively. Thereafter, members shall be appointed for a term of five (5) years. Vacancies shall be filled by appointment for the unexpired term only. The council shall have power to remove any member of the board for cause upon written charges and after public hear- ing. Members of the board shall serve without compensation. B. The members of the board of adjustment shall meet at least once each month at such time and place as they may fix by prior resolution. They shall select one of their members as chairman and one as vice-chairman, who shall serve one year and until their successors have been selected. Special meetings may be called at any time by the chairman or, in his absence, by the vice-chairman, A majority of the board shall constitute a quorum for the transaction of business. The chair. man, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent, or failing to vote, Indicating such fact, and shall keep records of examinations and other official actions. Every rule, regulation, Supp. No. le 2543 3/G �/ § 8.10.28 IOWA CITY CODE " amendment or appeal thereof and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record. The board shall adopt its own rules of procedure not in con- flict with this chapter or with the Iowa Statutes. C. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Iowa City affected by a decision of the Zoning Code Interpretation Panel or by the City Manager in the case where the panel cannot reach a decision. Such appeal shell be taken within a reasonable time, and shall be prescribed as provided by the rules of the Board, a notice specifying the grounds therefor. The adminis- trative officer shall forthwith transmit to the Board, all papers constituting the record upon which the action appealed from is taken. (Ord. No. 82.3067, § 2B, 6.22-82) D. Effect of Appeal. An appeal stays all proceedings in fur. therance of the action appealed from, including, without limita- tion of the foregoing, a permittee's right to proceed with con. struction or other activities authorized under a building permit, the issuance of which is a subject of the appeal, unless the City Manager or his/her designee certifies to the Board after the no- tice 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, proceed- ings or construction activities shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application and notice to the City Manager or his/her designee on good cause shown. (Ord. No, 82.3067, § 2C, 6.22.82; Ord. No. 83.3139, § 2, 8.3083) E. The board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (16) days public notice thereof by the posting of not less than one sign of at ]east six square feet in area with a white background and black letters at least three Inches high containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made and by one publication of a notice in a newspaper of general circulation in Iowa City, as well as due notice to the parties in interest, and decide the Supp. No. 18 2644 314 e/ Li J 1 Ci APPENDIX A—ZONING § S.IO.aSA 1. P1Oaf signs. Roof signs are prohibited in all zones. (Ord. No. 74-2738, § II(C), 10-29-74): J. Aaineatcd signs. Animated signs are prohibited in all zones, except for barber poles which do not exceed three (3) feet in height, nine (9) inches in diameter, and do not pro- ject over the public right-of-way more than one (1) foot. A maximum of one (1) sign per barber shop shall be permitted. (Ord. No. 74-2738, § II(D), 10-2944) I{. Projecting signs. All projecting signs above the public right-of-way are prohibited with the exception of the fol- lowing: 1. Time and temperature signs in C or M Zones which contain no advertising and do not exceed twenty-five (25) square feet in area. 2, Signs of governmental units. (Ord. No. 73.2683, § IV, 8-25-73; Ord. No. 74-2738, § II(E), 10-29-74; Ord. No. 74-2744, § II, 11-12-74) i 8.10.35.4 Elimination of prohibited signs and non -conforming signs. It is the intent of this Ordinance that all prohibited signs and non -conforming signs shall be eliminated within the period set herein. A. Prohibited signs, All prohibited signs set forth above shall be removed within n period of not more than one (1) year from the effective date of this Ordinance, except that portable signs, banners, obsolete signs, hazard and window signs shall be removed immediately. B. Aniortizatia+ of von-coaforntinq signs. All non -conform - Ing signs set forth in this Ordinance (except prohibited signs whose elimination is specified elsewhere) shall be removed within n period of not more than eight (8) years from Sep- tember 11, 1973. (Ord. No. 73-2683, § V, 8-25-73; Ord. No. 74-2744, § II, 11-12-74; Ord. No. 76-2797, § 11, 1i-25-76) Supp, No. 18 �J 2559 J& $ 8.10.86.8 IOWA CITY CODE 8.10.36.6 RIA, RIB, RIC and R2 Zone regulations. A. General regl1irements. I. No sign shall be erected in any corner of any lot de- fined by a triangle, two of its aides twenty (20) feet each, congruent with the property lines and measured from the corner pin of within a five (6) foot setback from any property line. 2. No advertising sign shall be permitted, except as al- lowed in Section 8.10.36.2. B. Permitted signs. 1. 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 one. family dwelling, Said sign shall consist of not more than two (2) faces, said faces to be parallel and may be non -illuminated or externally lighted with non - flashing white light. 2. One (1) on -premises identification facia sign or free- standing sign or monument sign not to exceed twenty- four (24) square feet in area per sign face shall be permitted for each building frontage for those uses set out in Section 8.10.7 A (2 thru 6). Said sign shall con- sist of not more than two (2) faces, said faces to be Parallel or to form not more than a forty-five (46) degree angle with each other and may be non-illumi. noted or externally or internally lighted with non. flashing white light. C. Special requirements. 1. All building -wall signs Shall project no more than one (1); foot from the building and shall not extend above the roof line. 2. All free-standing signs shall extend not less than five (6) feet nor more than eight (8) feet above the grade level, (Ord. No. 73-2683, § VI, 8.26-73; Ord. No. 74- 2744, § II, 11.12.74; Ord, No. 83.3146, § 2I, 9.27.83) Supp. Na, 18 2660 APPENDIX A—ZONING §8,;0.50 structed in such a manner that saltwater run. off will not damage the tree. (6) Trees allowed in small tree islands shall be planted within required tree islands at the ratio of one tree for each one hundred seventy (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 three hundred fifty (360) square feet of tree island area. (7) Trees allowed in small tree islands shall be located a minimum of four and a half (41/.1) 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. (8) Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street righbof-way line where a Public sidewalk does not exist. (Ord. No. 79-2964, § 2F, 8.28-79; Ord. No. 80-2984, § 213, i2-12-80) 8.10.40.8 Installation. All tree plantings required by this section shall be installed prior to occupancy or com- mencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the building inspector may grant a delay to the seasonal calendar dates of June first or November first, which- ever occurs first. (Ord. No. 79.2964, § 2G, 8.28.79) 8.10.40.9 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. (Ord. No. 79.2964, § 2H, 8-28.79) 8,10.60 Airport overlay zones. 8.10,60.1 Findings. (a) The creation or establishment of ml airport hazard is a public nuisance causing potential injury to those served by the airport; Supp, No. 18 2691 j 3/t APPENDIX A—ZONING § 8.10.50 (e) Airport primary surface A surface longitudinally centered on a runway which extends two hundred (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 run- way. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the run- way center line. (f) Airspace height. For the purpose of determining the height limits in all zones set forth herein and shown on the air- port 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 develop. ment of the airport over a twenty-year time period. The master plan includes, among other things, aviation activ- ity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the master plan, and recommenda- tions for use of land on 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 author- ized on final approach or during circle -to -land maneuver- ing in execution of a standard instrument approach proce. dure and where no electronic glide slope is provided. (j) Minimum en route 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 al- titude in effect between radio fixes on VOR airways, off - airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and Supp. No. 18 2592.1 3/G Y §8.10.50 IOWA CITY CODE which assures acceptable navigational signal coverage within twenty-two (22) miles of a VOR. (1) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (m) Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight -in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout submitted to the FAA by competent authority. (Ord . No. 82an or by any planning -3077 § 2, 8-31-82; Ord. No. 83.3133, § 2, 8.8-83) 8.10.50.3 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 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 one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by a. Swinging arcs of five thousand -foot radii from the center of each end of the primary surface of run- ways 12 and 17 and connecting the adjacent arcs by lines tangent to those arcs, and b. Swinging arcs of ten thousand -foot radii from the center of each end of the primary surface of run- ways 6, 24, 30 and 35 and connecting the adjacent arcs by lines tangent to those arcs. (Note: The radius of the are specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for ei- ther end of the runway. When a rive thousand -foot arc is encompassed by tangents the two (2) adjacent ten thousand -foot arcs,he fi foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) Supp. No. 18 2592.2 APPENDIX A—ZONING §8.10.50 (2) Height limitation. No structure shall exceed one hun. dred fifty (160) feet above the established airport ele- vation in the OH Zone, as depicted on the airport height zoning map. (3) Use limitation. Sanitary landfills shall not be permit. ted in the OH Zone. (b) Conical Overlay (OC) Zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the hori- zontal surface at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet. (2) Height limitation. No structure shall penetrate the conical surface in the OC Zone, as depicted on the airport height zoning map. (3) Use limitation. Sanitary landfills shall not be permit. ted in the OC Zone. (c) Approach Overlay (OA) Zone, (1) Defined. The land lying under a surface longitudi. nally centered on the extended runway center line 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. Five hundred (600) feet wide for runways 6, 12, 17, 30 and 35. 2. One thousand (1,000) feet wide for runway 24. b. The outer edge of the approach surface is: 1. One thousand rive hundred (1,500) feet for runways 12 and 17. 2. Three thousand five hundred (3,600) feet for runways 6, 30 and 36. 3. Four thousand (4,000) feet for runway 24. Supp. Na 18 2692.3 3/45/ ,� Li 4 8.10.50 IOWA CITY CODE c. The approach surface zone extends for a horizon- tal distance of: I. Five thousand (5,000) feet at a slope of twenty (20) to one for runways 12 and 17. 2. Ten thousand (10,000) feet at a slope of thirty. four (34) to one for runways 6, 24 and 35. 3. Seven hundred eighty (780) feet at a elope of twenty (20) to one; thence level at an eleva- tion of six hundred eighty-seven (687) feet MSL from seven hundred eighty (780) feet to one thousand three hundred twenty-six (1,326) feet; thence from one thousand three hundred twenty- six (1,326) feet to ten thousand (10,000) feet at a slope of thirty-four (34) to one 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 permit- ted in the OA Zone. (d) Clear Overlay (OCL) Zone. (1) Defined. The land longitudinally centered on the way center line or extensiorun- n thereof lying under por- tions of the OA Zone and described as follows. a. Runway 6: One thousand (1,000) feet wide, begin• ning at a point two hundred (200) feet from the edge of the existing runway on the extended run- way center line for a horizontal distance of one thousand (1,000) feet; thence widening uniformly to a width of one thousand four hundred twenty five (1,425) feet at a distance of two thousand seven hundred (2,700) feet from the point of beginning. b. Runways 12 and 17; Five hundred (500) feet wide at the inner edge of the OA Zone and seven hun- dred (700) feet wide a distance of one thousand (1,000) feet from the inner edge. c. Runway 24: One thousand (1,000) feet wide be. Supp. No. 18 ginning at a point 490 feet southwesterly on the 2592.4 APPENDIX A -ZONING 48.10.50 runway center line 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 one thousand five hundred ten (1,510) feet at a point one thousand seven hundred (1,700) feet northeasterly on the extended runway center line from the point of beginning. d. Runways 30 and 35: Five hundred (500) feet wide at the inner edge of the OA Zone and one thou• sand ten (1,010) feet wide a distance of one thou. sand seven hundred (1,700) feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is connected therewith a building designed ac• cording to the Uniform Building Code (1979 Edition) with an occupancy rating of fifty (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 drinking establishments. h. Sanitary landfills. i. Schools, including nurseries, prekindergartens and kindergartens. j. Stadiums. k. Storage of fuel or other hazardous materials. 1. Theaters. (e) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extend. ing outward and upward at right angles to the runway center line and the runway center line extended at a Slope of seven (7) to one from the sides of the primary surface and from the sides of the approach surfaces, Hupp. No. 19 2592.5 3/6 �4 § 8.10.50 IOWA CITY CODE. (2) Height limitation. No structure shall penetrate the transitional surface in the OT Zone, as depicted on the airport height zoning map. (Ord. No. 82-3077, § 2, 8.31.82) (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. (Ord. No. 83.3133, § 2, 8.8-83) 8.10.60.4 Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply. (a) Any person who proposes any development of greater height than an imaginary surface extending outward and upward at the slope of one hundred (100) to one for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway shall notify the Federal Avia. tion Administration (FAA). One executed form set (four (4) copies) of FAA Form 7460-1, Notice of Proposed Construc. tion or Alteration shall be sent to the chief, air traffic division, of the FAA Regional Office in Kansas City, Mis. souri, and one copy to the Iowa City Airport Commission. (Copies of FAA Form 7460-1 may be obtained from 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 en route altitude to be increased. (c) Lighting. (1) All lighting or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading oi'dangerous to aircraft operating from the airpdit `or in the vicinity thereof. (2) The ,owner of any structure over two hundred (200) feet above ground level shall install on the structure lighting in accordance with Federal Aviation Admin- istration (FAA), Advisory Ciroular.70-7460 and amend- ments. (3) Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in Supp. No. IS 2692.6 3/G fI APPENDIX A—ZONING 18.11.02.01 question to permit the city to install, operate and main. tain thereto such markers or lights as may be neces. sary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic inter. ference with navigation signals or radio communication between the airport and aircraft. (Ord. No. 82.3077, § 2, 8.31-82; Ord. No. 83.3133, § 2, 8.8.83) 8.10.50.5. Special exceptions. (a) The height and use limitations contained in the airport overlay zones may be modified by special exception granted by the board of acUustment (the "board"). However, no such special exception shall be granted unless the board finds, based upon written reports from the Federal Avia. tion 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, 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 incom• patible with airport operations, (Ord. No. 82.3077, § 2, 8.31-82) (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 Adminis. tration, and the aeronautics division of the Iowa Depart. ment of Transportation. No application for a special excep• tion hereunder shall be set for hearing by the board until such reports have been filed. (Ord. No. 83.3133, § 2, 8.8.83) 8.11.02.01 Title. This section shall be known and may be cited as "Flood Hazard Overlay Zones of Iowa City, Iowa." The short title Supp. No. 18 2592.7 3/tL,4/ 18.11.02.01 IOWA CITY CODE I for this section shall be known as "Flood Management Regu. lations." (Ord. No. 77-2832, § II, 4.26-77) 8.11.02.02 Purpose. The purpose of section 8.11.02 is to establish regulations to help minimize the extent of floods and the losses incurred in flood hazard areas and to promote the public health, safety and welfare. (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.03 Statement of legislative intent. This section is intended to permit only that development within the floodplain which is appropriate in light of the probability of flood damage. The regulations in this section shall apply to all property located in the floodplains, as shown on the Flood Hazard Boundary Maps for Iowa City, as adopted by this section and filed with the city clerk. It is the intent of this section that these regulations enmbine with and qualify with the zoning ordinance regulations. Any use not permitted by the primary zone shall not be permitted in the floodplain and any use as permitted by the primary zone shall be per- mitted in the floodplain only upon meeting conditions and any requirements as prescribed by this section. (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.04 Supplemental definitions. Administrator—the Federal Insurance Administrator. Appurtenant structure—a structure which is on the samb parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Supp. No. 18 2692.8 3/6 �/ CODE COMPARATIVE TABLE Section Ord. No. Adpt. Date Section this Code 833117 510.83 2 App. A, 4 8.10.32.F 833119 58493 2 3527(3) 83.3120 68493 2 31.10 833124 5 7.83 2 Rpld 3016-1018, 1080-1022 3 10.19 83.3126 681.83 2 Rpld 8.58-8.69, 8.77-685 Added 8.58-8.70, 8.77-894 833132 8. 2.83 2 2.18, 244 3 2.6 833133 8. 093 2 448.10.5011- .0.50.1-8.10.50.6 8.10.50.5; 833135 8.1683 2 2081(a) 833137 8.1683 2A 23.74 2B Rpld 2392-2387 833139 83093 2 App. D, 4 8.1028.D 833141 8.3093 2 5-11,5-12 833142 8.3093 2A 33.115 2B, C 33367(c), (d) 2D 33.154(e) 83.3143 83093 2A 26.1 2B 268,26.16, 26.17(cX2),(3), 26.19, 2620(b) 2C1 26d7(b) 2C2 Rpld 26.17(c)(4) 2D 26.19 2E Rpld 2680(c) 2171 2625(0) 2172 Rpld 26.25(6) 2G Rpld 2626(4) 833145 92793 2A q 8 30.3.A.266 2B App, A, 4 8.10.4 2C APP• A. 18.10.7.1 2D APP• A, 4 8.10.19 2E APP. A. p 8.10.22.A.1 2F APP• A, 4 8.10.23.A i Supp. No. 18 2961 Ci CODEINDE% ALCOHOLIC BEVERAGES—Contd. Section Proof of financial responsibility .................. 6.27 Required......................................... 6.18 Seasonal licenses and permits ..................... 6.33 Surrender, refund of fee, etc ....................... 6-32 Suspension and revocation Appeal and hearing ............................ 6.37 Effect of revocation ............................ 6.38 Generally, grounds ............................. 6.36 Specificterms.................................. 6.36 Term, duration .................................. 6.33 Transferability as to location ..................... 6-31 Minora Persona under legal age ......................... 6.6 Prohibited sales and acts re ..................... 6.2 Nuisance provisions re unlawful manufacture or sale of intoxicating liquor ......................... 24.101(2) Open containers Carrying from licensed premises ...................... 611 Possessing in public places .......................... 6.12 Persona under legal age ........................... 6-6 Minors. See hereinabove that subject Premises !-� Requirements for ................................ 6.26 Prohibited activities in parka, etc .................... 26.1 Parka and recreation. See that title Prohibited sales and acts ......................... 6.2 Unlawful manufacture or sale of Intoxicating liquor Nuisance provisions ........... 24-101(2) ALTERED GOODS SALES Going -out -of -business, and similar sales ............. 21.31 et seq. Going -out -of -business and similar sales. See that title AMENDMENTS TO CODE Generally ........................................ 1.7 AMERICAN TELEPHONE AND TELEGRAPH COM- PANY Telephone franchise ............... I............... 14.62 et seq. Franchise. See that title AMPLIFIERS Noise regulations for sound -amplifying equipment ........ 24.4.6 AMUSEMENTS AND AMUSEMENT PLACES Circuses, carnivals, menagerlea, etc .................. 6.10 et seq. Circuses, carnivals, menageries, etc. See that title Supp. No. 18 2981 �J a C� IOWA CITY CODE AMUSEMENTS AND AMUSEMENT PLACES—Cont'd. Section Group activities in parks ........................... 26-48 at seq. Parks and recreation. See that title Parades and processions 31-1 Street definitions ............................... Public entertainments 81-1 Street definitions ................................. Rally or demonstration 31-1 Street definitions ....................... Use permits for use of public ways ................. 31-134 et seq. ANIMALS AND FOWL Animal 7-8 Defined ............................ Giving away live animal, na gifts or prizes ..... 7-7 Animal control personnel 7-22(c) Authorized licensing agents ...................... 7-24 Interference with ............................... Cattle 7.4 Running at large ..............................• 9-4 Cemetery restrictions ............................. 9.1.8 City plaza,animal regulations in ....................... City Plaza. See also that Utle Contests Giving away live animals as gifts or prizes ....... 2 to animals ............................... 7.Cruelly 7.1 Diseases, reporting ................................ Rubles and disease control. See hereinbelow that subject Dogs Parks and playground arena, regulations for bring- ing dogs into, etc ............................ Pet animal requirements I ........................ 26.1 Prohibited activities in parks, etc .................. Parks and recreation. See that title Driving or riding In streets ........................ 31•6 Enforcement 7.24 Interference with ............................... .... Feeding animals In streets .................... 31.8 Fishing Dame, obstructions or pumping planta not provided with a flehway or screen 24.101(fi) Nuisance provisions ........................... or materials used to violate Devices, contrivances fish and game laws 7.2o(d) Food establishments, pet animals in ................ Fowl 7-d ... Running at large ............................. Supp. No. 18 2982 1311051 V ,\4 j CODEINDEX BEER AND WINE Section Alcoholic beverage regulationa 6-1 et seq. Alcoholic beverages. See that title Drinking in public................................ 24-61 BEGGING Engaging in ........................... .......... 24-62 I BICYCLES City plaza, bicycle regulations in .................. 9.1-4 City plaza. See also that title Generally......................................... 23.62 at seq. Traffic. See that title BIDDING. See: Contracts and Agreements BILLPOSTING Billposters, billposting and distribution ............. 3-16 at seq. j Advertising. See that title f BILLY CLUBS Concealed weapons, carrying ...................... 24-66 Firearms and weapons. See that title BLACK RACE DISCRIMINATION Human rights provisions.......................... 18-I et seq. BLIGHTED AREAS �'--� Urban renewal, generally 8.1 et seq. BLIND PEDESTRIANS Pedestrians in general. See: Traffic BOARDS, COMMITTEES AND COMMISSIONS Administrative code ............................... 2.180 et seq. Adminietraive code. See that title Airport commission ............................... 4-16 at seq. Airport commission. See that title Board of adjustment Zoning requirements ............................ App, A Zoning. See that title Budget and records ............................... 2-103 Bureau of fire prevention .......................... 12.46 at seq. Civil service commission .............................. 2.111 Delegation of authority, construed .................. 1.2 Electrical board .................................. 11.26 at seq. Electrical board. See that title Housing appeals board ............................. 17-3(g) etseq. Housing. Seo that title Yuman rights provisions 18.1 et seq, Iowa City broadband telecommunications commission 14.02 Broadband telecommunications. See: Franchises Supp. No. 18 2987 3/6f% Ci IOWA CITY CODE BOARDS, COMMITTEES AND COMMISSIONS—Contd. Joint authority, construed .......................... Library board of trustees ......................... Library. See that title Meetings......................................... Membership, compensation, tenure .................. Parking systems division .......................... Traffic. See that title Parks and recreation .............................. Parks and recreation. See that title Personnel of city in general. See: Officers and Em- ployees Plancommission .................................. Plan commission. See that title Plumbing board of examiners ..................... Plumbing board of examiners. See that title Resources conservation commission ................. Resources conservation commission. See that title Senior center commission ......................... Senior center commission. See that title Service .......................................... BOATS Boat rentals ..................................... Parks and recreation. See that title Iowa River regulations ........................... Iowa River. See that title Noise regulated; specific activities prohibited Motorboat repairs and testing ........................ BOILERS AND FURNACES Mechanical code ................................... Mechanical code. See that title BONDS Broadband telecommunications franchise, bond re- quirement .................................... Franchises. See that title Cityclerk ........................................ Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BOUNDARIES Zoning requirements .............................. Zoning. See that title BOWIE KNIVES Concealed weapons, carrying ....................... Firearms and weapons. See that title Supp, No. 18 2988 Section 1-2 20-16 et seq. 2-101 2.100 23.264 26.16 et seq. 2746 of seq. 28.18 27-72 et seq. 28-60 at seq. 2-102 26.3 24-78 et seq. 24.4-0(c) 8.44 et seq. 14-76 of seq. 2.76 App. A 24-66 -Floe Al, CODEINDER CESSPOOLS Nuisance abatement regulations Section ................... Nuisances. See that title 24-161 et seq. CHATTELS Personal property defined re ...................... 1-2 CHILDREN. See: Minora CHIMNEYS AND SMOKEPIPES Rental housing, requirements re .................... 17-7(e) Housing. See also that title CIGARS, CIGARETTES AND TOBACCO Sale of cigarette papers in violation of state laws Nuisance provisions re buildings or places used for Smoking 24-101(4) prohibited in designated areas ............ 24.5 Smoking. See also that title Smoking regulations at airport ..................... 4-66 Airports and aircraft. See that title CIRCULAR DISTRIBUTION Billposters, billposting and distribution ............. 3.16 et seq. Advertising. See that title CIRCUSES, CARNIVALS, MENAGERIF,S, ETC, Exemptions from provisions ....................... Group activities in parks &18 .......................... Parks and recreation. See that title 26-48 et seq. Licenses Required, fees .................................. Permits &16 Shows or exhibitions on public grounds ........... &17 CITY Defined.......................................... 1-2 CITY ATTORNEY Appointment, removal, duties ...................... 2.69 Assistant city attorneys i ........................... Compensation .................................... 2.66 Defined 2-G7 .......................................... Legal department 1-2 ........... .............. Special assistant city attorneys . . . . . y6 Staff ................... ........................................... 2-64 2-66 CITY CLERK Appointment and qualifications .................... 2.75 Certlfiention of expenditure instruments ............ 2.78 Clerk of council ....... ..................... Custodian of records and seals 2.76 Defined ..................... 2-77 ........................ .................. Supp. No. l6 i 2992.1 IOWA CITY CODE CITY CLERK--Cont'd. Section General duties .................................... 2.76 Official bond, etc. ................................. 2-76 CITY COUNCIL Administrative code ............................... 2-180 etseq. Administrative code. See that title Clerk of council, duties of city clerk ............... 2-79 Compensation ..................................... 2.18 Review of, when ................................... 2.6 Districts Established ..................................... 2-17 Mayor in general ................................. 2-42 et seq. Mayor. See that title Meetings Organizational .................................. 2-20 Regular ........................................ 2.21 Robert's miss of order to govern .................. 2-23 Rules of procedure .............................. 2-23 Smoking prohibited at public meetings ............ 24.5 Smoking. See also that title Special ........................................ 2-22 Voting rights of mayor .......................... 2-43 Terme of members ................................ 2.19 CITY FUNDS. See: Finances ^"^ CITY MANAGER Administrative code ............................... 2.180et seq. Administrative code. See that title Appointment ..................................... 2-54 Oath and bond .................................... 2.55 Removal......................................... 2.54 CITY PERSONNEL. See: Officers and Employees CITY PLAZA Ambulatory vendors City plaza use permits ........................... 9.1.8(b) Defined ........................................ 9.1-2 Permitted uses ................................. 9.1-7(a)(1) Animal regulations ...... I ........................ 9.1.6 Arte and crafts wise of handmade articles, etc. Permitted uses .................................. 9,1-7(1)(9) Audio ambience Defined ........................................ 9.1.2 Basement extensions Building front and/or basement extensions, per- mitted uses ................................ 9.1.7(a)(6) Defined ............ I ........................... Bicycle regulations 9.1.2 ................................ Supp. No. 18 9.1-4 29922 CODEINDEX LAND USE Section Zoning requirements ................................. App. A Zoning, See that title LANDSCAPING City plaza regulations ............................ 9.1.2. 9.1.7(a)(8) City Plus. Sea that title Housing stnndards re owner's responsibility .......... 17-7(d) Housing. See also that title LEAD OR BRASS KNUCKLES Concealed weapons, currying ........................ 24-60 Firearms and weapons. See that title LEGAL DEPARTMENT Boards and commissions services ..................... 2.102 City attorney ...................................... 2.0 at seq. City attorney. See that title Established ......................................... 2.0 LEGAL HOLIDAYS Computation of time re ............................. 1.2 LIBRARY Account, money appropriated, eta .................... 20.4 _ Board of trustees '! Annual report .................................... 20-22 Appointment ..................................... 20.17 Composition,,,,,,,,, 20.17 Contracts with others for use of library ,,,,,, ,, 20.21 Created ................................... 20 -IG ....... Organization ........................ 20.19 Powers and duties In general ,,,,,,,,,,,,,,,,,,,,, 20-20 Qualifications ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 20.18 Terms and compensation ,,,,,,,,,,,,,,,,,,,, 20-19 Disturbances, loud talking, etc.,,,,,,,,,, 20.3 F.etabllahcd......................................... 20-1 Nonresident use .................................... 20-2 LICENSF,$ AND PERMITS (Note—Requirements listed hereunder we applicable to businesses, etc., in general. See also specific pecupations, trades, professions, etc., elsewhere as Indexed) Airport permits .................................... 4.37 Building permits, code amendments .................. 8.17 Building code. See that title Building permits. See that title Chauffeur's license ................................. 23-120 Traffic, See that title Supp. No, l@ 9025 Li M IOWA CITY CODE LICENSES AND PERMITS—Cont'd. Section Circuses, camivnls, menageries, etc.....__....__._._..._._. 6-16 et seq. Circuses, carnivals, menagerles, etc. See that title City plaza use permits ..........._....._...._...._... ........... .. ..._ 9.1-8 et seq. City plaza. See that title Dogs and tate._...... 7.67 et seq. Animals and fowl. See that title Electrician licensee ...... ..._.... _................. .._.......... .......... 11-38etseq. Electrical licenses. See that title Electrical permits ......... ........... __............... .......... ......... .... 1147 at seq. Electrical permits. See that title Excavation permits _._.._..___.._.__.__.—.--...._ 31.46 et seq. Excavations. See that title Fortune-tellers, palmists and similar practitioners _ 21.17 et seq. Fortune-tellers, palmists and similar practitioners. See that title Garbage and trash collectors, etc. 16.29 etseq. Garbage and trash. See that title Going -out -of -business and similar sales ......... ........ __ 21.31 at seq. Going -out -of -business and similar sales. See that title House movers .__.____.—_ .— 8.77 et seq. House movers. See that title Junk dealers —_ -- 19.17 et seq. - Junk dealers and pawnbrokers. See that title ' i Manufactured housing parks . -. Park licensing procedure ............................................................... 22.16 et seq. Mnnufacturcd housing parks. See that title Mater vehicle licemes....................................................................... 23.82 et seq. Traffic. See that title Occupational licensee Application ..___._--_.--.--------_._ 21-2 Expiration __.___._...,_-------__.. 21.6. Issuance ...... _.... 21-3 Required ........... ____......... ........ ___..___.....—__ 21.1 Revocation or suspension ___......__.._._.___..__ 21.4 Park permits ._.— _—..---- 26.48 et seq. Parke and recreation. See that title Pawnbroker 19-17 at seq. Junk dealers and pawnbrokers. See that title— Peddlers' regulations 26.1 etseq. Peddlers, canvassers and solicitors. See that title Pct animals........................................................................................ 7-67 at seq. Animals and fowl. See that title Plumbers' licenses........................................................................... 28.33 at seq. Plumbers' licenses. See that title Supp. No, 18 3024 9 cr a �. CODE INDEX MANUFAC 11RSb HOUSING PARKS—Cont'd. Section Parkins : ................ ......................... Potion 22.34(8) .................. ......................... Permanent elruclures and facilities ................... 22.3410 22.38 Public lighting .................................... 22.340) Recreationspacelopen space ......................... 22-34(d) Refuse and garbage handling ........................ 22.37 Requirements generally ............................ 22.34 Sidewalks ........................................ 22.34(h) Space requirements ................................ 22.34(c) Streets, specific requirements for ..................... 22.35 Utilities ......................................... 22.36 Purpose .......................... 22.1 Tiedowns in rental housing. requirements ............ 17-61m) Housing. See that title MANURE DISPOSAL Pet animal prohibitions and requirements ............ 7.18 et seq. Animals and fowl. See that title MAPS. See: Surveys, Maps and Plats MARINE PARADES Iowa River regulations ....... :.................. .. Iowa River. See that title 24.78 at seq. MARITAL STATUS DISCRIMINATION Human rights provisions .........................• 18-1 et seq. MAY (last Monday of) Computation of time re .... 6 ...................... 1.2 MAY, SHALL Defined .......................................... 1.2 MAYOR Absence or inability .............................. Administrative code 2.42 ............................... Administrative code. See that title 2.180 at seq, Chief city representative... 6. 4.... 6 ................. 2-46 Compensation ..................................... 2.44 Review of, when ............................... 2.6 6... Contracts, purchasing, etc. Powersto...... .................................. 2.45 Mayorpro tam ..................................... 2.42 Pow,es..................................... 2.45 Voting rights ...................................... 2.43 Council meeting and procedures. Sea: City Council MEAT AND MEAT PRODUCTS Polson most exposed to animal, ..................... 7.3 Animals and fowl. See that title Supp. No. IS 3027 Ci IOWA CITY CODE MECHANICAL CODE Section Adopted............................................ 8.14 Amendments ........................................ 8-16 Conflicts in provisions ................................ 8-47 Minimum requirements ............................... 8.47 MEDICINES. See: Drugs and Medicines MEETINGS Smoking prohibited in public meetings ................. 24.8 Smoking. See also that title Unlawfulassemblies .................................. 24.2 Assemblies. See that title MENAGERIES Circuses, carnivals, menageries, etc ..................... 8.18 at eaq. Circuses, carnivals, menageries, etc. See that title METAL CONDUIT WORK Electrical regulations ................................. I1.11 Electricity (generally). See dao that title, METALLIC KNUCKLES Concealed weapons, carrying .......................... 24.M Firearms and weapons. See that title MIND READERS �- Fortune-tellers, palmista and similar practitioners ....... 21-17 at aal. Fortune-tellers, palmista and aimiber practitlevers. Sas that title MINORITY RELATIONS Human rights provisions .............................. 18.1 at esa. MINORS (Juveniles, children, infants, etc.) Alcoholic beverage regulations ......................... 8.1 at esq. Alcoholic beverages. See that title Curfew provisions .................................... 24.32 et seq. Curfew. See that title Dances for minora in connection with business ............. 8-7 et seq. Alcoholic beverages. See oleo that title Iowa River regulations ................................ 24.78 of seq. Iowa River. See that title Junk dealers and pawnbrokers purchasing from............ 19.3 , Junk dealers and pawnbrokers. See that title - MISCELLANEOUS PROVISIONS. Sea: Offenses and Miscel. leneous Provisions MISDEMEANOR Construed .......................................... 1.2 Supp. No. 18 3028 ./ Li J - - CODE INDEX PUBLIC ENTERTAINMENTS Section Group activities in parka._ 20.48etseq. Parke and recreation. Sea that title Use permits for use of public way, .._ — 81-184 et seq. PUBLIC HEALTH. See: Health and Saa tatim PUBLIC IMPROVEMENTS Public works and Improvements. See that title PUBLIC LIBRARY. See: Library PUBLIC NUISANCE, See: Nuisances PUBLIC PLACES Alcoholic beverages in Drinking—____.. . .... . ................... 2451 Open containers, possessing ..................... _..... ....__.___.__• 0.12 Smoking prohibited in _ ........... 24.0 Smoking. See also that title Urination or defecation in._ ............ ...... _....... .................. ... 24-114(c) PUBLIC RECORDS Boards and commissions ._____—___ 2.103 City clerk as custodian 2.77 City clerk. See that title PUBLIC SAFETY Boards and commissions services 2.102 PUBLIC TRANSPORTATION DEPARTMENT Assignmentof services .... _....... _.............. ...... ...._.... ............. _. 2.224 Buses, other similar mass transportation services, respunsi- hie for .......................... ........................... ._.___............... 2.221 Director Appointment ................................. _................. .... __..___.... 2.223 Established ... ....... ...................... _............. _.......... ....... _.._...... ..... 2.222 Purpomof provisione................... _............. .......... _............... 2.221 PUBLIC UTILITIES. See: Utilities PUBLIC WORKS AND IMPROVEMENTS Boards and commissions services 2.102 Conditional deficiency assessments on public improve. ment projects Amortisation of 2.207 Large scale developments 27.29 at seq. Ordinances saved from repeal, other previsions not .included herein. See the preliminary pages and the adopting ordinaries of that cede Planning ........................ 27.1 at seq. Planning. See that title Supp. No. 18 8042.1 IOWA CITY CODE ice, PUBLIC WORKS AND IMPROVEMENTS—Contd. Section Subdivision regulations ............................. 82-1 et seq. Subdivisions. See that title PUBLIC WORKS DEPARTMENT Administrative service departments .................... 2.1 et seq. Assignment of functions .............................. 2.168 Director ........................................... 2.167 Divisions .......................................... 2.166 PUMPING PLANTS Pumping plants not provided with a fishway or screen Nuisanceprovisions................................ 24.101(5) PURCHASING Boards and commissions services ....................... 2.102 Financial procedures ................................ 2.204 et seq. Contracts and agreements. See that title Finances. See that title Mayor, powers........... Ordinances saved from repeal, other included 245 provisions not herein. See the preliminary pages and the adopting ordi. nance of this code PUTRID SUBSTANCES Nuisance abatement regulations ....................... Nuisances. See 24.101 at seq. that title Supp No. 18 3042.2 1 3/G fl( 1 CODE INDEX SMOKING—Cont'd. Section Smoking prohibited in certain areas 24-6(c) Purpose of provisions ___...____ ___ 24-6(a) Responsibility of proprietors _._._ 24.5(d) Violation not a misdemeanor _ 24.6(g) SNOW EMERGENCIES Parking, stopping and standing _—____ 28-206 at seq. Traffic. See that title ' SNOW REMOVAL Requirements — 31-120 at seq. Streets and sidewalks. See that title SNOWBALLS Throwing in streets 31.3 SOLICITORS Peddlers regulations 261 at seq. Peddlers, canvassers and solicitors. See that title SOLID WASTE DISPOSAL Garbage provisions _ 161 at seq. Garbage and trash. See that title Public works department divisions 2.166 SOUND EQUIPMENT Noise regulations for sound equipment ................ _...... _............... 24.4.6 SPECIAL ASSESSMENTS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code SPORTING EVENTS Group activities In parks __—_ 26.49 at seq. Parks and recreation. See that title SPRAYING OF TREES Tree and forestry regulations 34.16 at seq. Forestry. See that title STAGNANT WATER Nuisance abatement regulations 24.101 at seq. Nuisances. See that title STAIRWAYS AND PASSAGEWAYS Lighting of public halls and stalrways in rental housing, minimum structural standards _................. ... _...... _...... ....... 17.6(b) Housing. See that title Minimum structural standards for all dwellings re stairways __. and passageways................................................................. 17-M) ' Supp. No. 18 3049 i 3/6fL Cr IOWA CITY CODE �1 STAMPS Written, in writing, etc., construed ro Section . STATE 1-2 Defined STORAGE FACILITIES 1-2 Housingstandards remnalughouses, etc ._........... Housing. Ses that title ""'---••-••• 17-9(bb) et seq. STORbf SEWERS Subdivision regulations ._____._ Subdivisions. See that title 32.1 et seq. STREETS AND SIDEWALES Alcoholic beverages Open containers, possessing on public streets, highways, sidewalks, etc, __..___.._._.__..__......._..._._. Animals. See also: Animals andFowl • •........•..."""• 6.12 Driving or riding Other provision,relative to animals. See; Traffic Feeding animals on streets 91-6 Broadband telecommunications system81-0 Condition of street occupancy ________ Franchisee. See also that title 14.86 Cellar door, grating, covering of areaway, etc. Uncovered opening, i Coal holes in sidewalk, 81-7 Coal holes, stairway entrance,, ek 81400 Uncovered opening, __.,._,_______ Coasting or eliding down hill,, etc. '—"— 81-7 Similar provisions. See: Traffic --�-- 81.2 Curb cuts Driveway width restrictions __ - Modification of footage requireme___nts 91.50 _ Permits 31-61 Hard surfaced driveway prerequisite to __• Required _ 81-71 _ Proximity of driveways to corner, and lines _ Property 81-70 Curfew regulation,_._,�___"--'- 81-60 Curfew. See that tllla 24.28 at seq. Definitions Driveways •--'--------- 31.1 Curb cuts. See hereinabove that subject Excavations _— Electrical franchise rights 81.21 at seq. Excavations, see also thattido 14.8 Supp. No, 18 8050 3�G fa ,\4 CODE INDEX STR HAND SIDEWALKS—Contd. Section Franchise rights, conditions, etc. See: Franchises. See also specific franchised companies Gas franchise rights 14.29 Telephone franchise rights 14-52 at seq. Felling of trees onto streets Tree and forestry regulations 84-16 at seq. Forestry. See that title Fire zones 8.19 Football, throwing belle, snowballs, missiles, etc. Games in streets 81-8 Games in streets, playing 81-8 Grades of public ways Height 81-9 Reference datum 81-8 Sidewalk grades 81-97 Supp. No. 18 3060.1 J Li CODE INDEX TRAFFIC—Cont'd. Grade, Parking on ....._.... Section HandleaPPed pere ans........................................................ I................. Blind persons white 23-121 care Provisions an .._, Parking requirements for "" - - " persons.__ Phyaiall------• 23.221 et se Y handicapped q' _ Hazardous or congested Places '•- """"'- Parking, PPing 23.263 and standing in .._____..-• Henry vehicle.......... ....-•-... 23-243 Size and weight limitations. See hereinbelow that subject Hills and grades Coasting........................._......__....... Parking on ........._.._..__._..... ..._._ House ...-__..._..�. ___ moving regulation, ,-,--_i-_.,..__......-.--•.--23-121 HOnoe movers, See -__.._..__ 23.122 - that title House trailer "' 8-58 et 9-69 etseq, Defined ..--„-, House trailers, mobile homes _ ~----•—"'""-- Mobile home Park 23-1 regulation. See: Mobile Homes Ignittoand ?obile Home Parke r removal Impoundment of vehlcla, Accumulated Parking 23.121. violation, im Bicycles. Sea within this title that eubjectndmedt for Entrance foto Impounded 29.21(6) vehicles __.,--,_ ............... Obstruction of traffle, impoundment for Release of impounded 23.21(,) ........__......•• vehicles ..,.- Intersec 1 a "'-"•.----•- 23.21(,) ............. Approaching or entering Control vehicle 23.21(d) lk — Crosswalks, See within this title 23.186 23-165 23.190 that also within this title. subject. See e: Pd ned -. _ __ Parking Prohibited, when�-,,, _`_ Rfght-of-way, Sea within this title that subject Turning movements, 23.1 23.296 ject See within this title that sub- Jaywalking Defined __-__, Junk and obsolete •--_�-�"'•`"""-•---•-•—... motor vehielc8 "----• Defined 29.1 _ Laned readw,ys.. -"'----•---_._.__ Traffic lanes, marking._____. ��___._._ Laned roadway,, driving 23.1 on Crossing yellow linea -ti:_ 23.31 r-, --- SuPP•No. is "---- 23-126 23.162 3069 r IOWA CITY CODE TRAFFIC—Cont'd. Licensee Section Operation without registration ._..._—_^,^,"_^ Operator's license �,^`_.,, g8.99 Load limits. See within this title: Size and Weight 28.120 Limitations Loaded vehicles Flag or light at end Loading or unloading 28-108 Permits for loading, etc., at angle to curb Stopping for loading and unloading 29.298 only __.__, Parking, stopping and standing. See within this 28-287 at seq. title that subject Loading zone Defined . Marked highways-^---^^— 23-1 Stopping before entering ^_—^___-1� Median strip Defined Parking prohibited, when 23-1 Meeting of vehicles. Sae within this tltl 28.289 Meeting and P=ing Mobile homes Mobile home park regulations. See: Mobile Homes and Mobile Home Parks Mopeds Defined_.._...___.._______......_....._..�___....^,..___ Vehicles in bicycle lanes and bicycle 28.1 parking areas Motor truck 28.71(x) Defined Motor vehicles and other vehicles. See also that title 28-1 Defined Operation without registration ^28.8p 28.1 Motorcycles ^—^ Clinging to moving vehicles Defined _____^—• _ pg -8T Motorized bicycles, etc. 28.8 Bicycles. See within this tltle that subject Moving vehicles Bicycles and similar vehicles clinging to Narrow streets, parking on Y9.9T Nelse 28.271 Squealing etas Nuisance abatement regulations 48.197 __. __.^ 241.1 Nuisances. Sea that title "' et sp. Supp. No. 18 8080 3/6 ;/ cr CODE INDEX TRAFFIC-Cont'd. Section Permits for loading or "loading......... 23-266 Angle to curb -._--------_••-_._ ........ . Person 23.1 Defined .... . Physically handicapped persons 23-263 Parking places, providing ----------"-' Pickup or delivery service 23-235 Parking prohibited, when --- _ 23-141 Play streets —• _..-._.-._�-------•- Police officers Y3 -I8 Authority of officials ._ --"'-`--- 23.19 Obedience -.-.----__-_..-.._._-_-_._....___ Police vehicles See hereinabove that Authorized emergency vehicle. subject Private access to public ways, impeding -....._--•-•-• 23-250 Private driveway 23-165 Vehicle emerging from to Stop '— 23.251 Private Property, Parking on ----------_'-'- Private road or driveway___ 23.1 Defined ----""- 23.167 ^ Entering street from ___--.--------_—'-` Processions Parades and processions. See within this title that .� subject Prohibited activities in parks, etc. --^-' 25.1 Parks and recreation. See that title Public or private driveway 23.235 Parking prohibited, when ----' 2.166 Public works department divisions _-......-..--- — Railroad sign or signal 29.1 Defined ._____......... ___-_ ----•-- Railroads and trains railroad signs, signals, etc. -- 23.36 Interference with Traffic -control sign', signals and devices. See within this title that subject 23.285 Parking Prohibited, when _-- --"--" required In obedience to signal _ 28.181 Stopping Reckless driving ----""— 29.189 Red flares, reflector lanterns, ata or passing -.. 28.190 Control of vehicle when approaching Registration Operation of vehicle without 23.98 Residential district 28.1 Defined -..-_. ._----- 22.262 Parking restrictions ----'_--- Supp. No. 15 3065 3/Gf4 IOWA CITY CODE TRAFFIC—Cont'd, Residential street Section Defined .._ _ _ _ Right-hand side of roadway -----"" 23-1 Driving on, exception ._.,--_— Right-of-way '- 23-124 Authorized emergency vehicles Defined _.--'—'----- 23-169 Emerging from alley or private driveway 23-1 Entering arterial highway 23-188 Entering street from private roadwa--- y --' 23-189 Intersections 23-167 Approaching or entering Turning left at 28466 Padestriaas 23-166 Stop signs and yield signs 23.212 Authority for Owner responsibility to atop or yield � Roadway 23.160 28.161 eG seq. Defined Safety zones-----"—'-------- 29.1 Authorized Defined — 23.142 _ Parking prohibited, when 4 23.1 Pedestrians in general. See within--�-- this due: Pedes. 28.236 ^ trtans Sale or repair of vehicle i Parking restrictions School district 23.239 Defined — Schools-- 28.1 Parking by — Semitrailers -- 28.240 Comjbirmtioaecvehicles, See within this t10e that sub. t Defined ___ Sidewalks ----""-------- 23.1 Di on —_ Defined fined __—__-�--�_ 28 84 Parkingprohiblk—'d, when ah ��— 28.1 Vehicles on 28.286,23.246 _...... Signs, signals, etc............_..........._......................................... ..... 28.128 Traffic -control signs, signals and devices. See here. inbelow that subject Size and weight limitations Excluding specified traffic —.�----_ Cross weight limits 28-180 Signe to be posted for truck weight restrictions 177 Supp, No. 18 —_, 28-178 3066 .3101 Cf CODE INDEX TRAFFIC—Cont'd. Section 23.179 Sim restrictions — .-- 1s-178 Truck restrictions -------------- Skates. See hereinabove: Coasters, Roller Skates and Similar Devices Snow emergencies; parking during. See within this title: Parking, Stopping and Standing Special mobile equipment 23.1 Defined -- Speed regulations 6.6 Cemetery speed limits ""—"— 23.190 Control of vehicle 23.123 Emergency vehicle privileges —.---- 23-189 Exceptions to speed limits .---------- 88.188 General speed limits Standing. See within this Utle:. Parking, Stopping and Standing Stop 28.1 Defined — Stop signs and yield signs 23-160 Authority for ---------'"— Operator's responsibility at _ P3-161 et seq. Stop, stopping or standing 23.1 Defined Stopping. See also within this title: Parking, Stopping and Standing Street or highway 23.1 Defined __—_--------'---`_—'-- Regulations relative to particular classes, types of public ways. See elsewhere herein specific sub- jects Suburban district 23.1 Defined —'— 23.138 "Tail -gating" -----'--- Tires and wheels on vehicle 23.137 Squealing tires '—"— Towing of vehicles Impoundment of vehicles. See within this title that subject Toy vehicles. Sea within this title: Coasters, Roller Skates and Similar Devices Traffic Applicability of provisions ._. _�_.__........ 23.3 Traffic engineer. See hereinabove: City Traffic En- gineer Supp. No. 18 3067 IOWA CITY CODE TRAFFIC—Cont'd• Traffic -control signs, signals and devices Authority to install and maintain ........ ...................... Colored signals and lights, explanation as to mean. .g of ... __.._.__..... m. ........ .........__. Defined................................................._..........—.........._ ... Interfering, knocking down, removal, etc. Legality, presumption of ..........— .............._....------- ___ Manual and specifications .__—....__.._--••------•-- Obedience required _ .................. .---------- ..------.._......_..___ Other requirements as to installation, location, place- ment, etc. See elsewhere herein specific places, functions, etc., for which signals are required Stop signs and yield signs. See within this title that subject Traffic lanes, marking .---.--- ----- Traffic-control signal legend ._._....—..--•-------- Unauthorized signs, signals or markings Yellow lines, crossing .._ ........ — ................ _.._._.—.._.._ Trailers Combination vehicles. See hereinabove that subject Defined......_.._._...____..____....._—...__._.__...--__ Trains, See hereinabove: Railroads and Trains Truck tractors Defined _...........^_..—__._...— Trucks Combination vehicles. See hereinabove that subject Size and weight limitations. See hereinabove that subject Turning movements Control of vehicle on curves, sharp turns, etc. --- Devices altering normal course for turns Authority to Place Intersections Turning at, generally Restricted signs, authority to Place .--••-- Signal requirements -- Turning left U turns, authority to place restricted signs Unattended vehicles Accidents involving •• —••-------- Responsibility when leaving ^---• Unlawful riding on vehicles Vane Combination vehicles. See hereinabove that sub- ject Supp. No. 18 3068 i Section 23-30 23.34 23-1 23-36 23-33 23.32 23.29 23.31 23.34 23-36 23-162 23.1 23-1 23.190 28.198 23.200 23.199 29.182 22.166 23.199 23.60 23.121 28-186 3/Gf� Li CODEINDEX TRAFFIC—Cont'd. Vehicle Defined Section Vehicles, Seek Inry ae bove: Vehicles Vehicle, sad Older 23.1 Noor Veh! Violations Impoundment ..,_�. Owner pNnta !feels responfor sible Parking nal fee 23.21 ...,_ Warnln` deH �� Weight 1hn14ttoeoatrol of "bleb �-�— ns, -and i-�Wejht 28.20 23.266 eu hereinabove: S -1116 LIml4tlons WkaBea witbla 23-190 tb4 s title: VkWu Tirya sed Wheels 00 WhIG canea for bllod Datsans _ etrtans, see within this title that sub eCt rk Workmen on highways 28.221 Driver regarding Wreeks. Sea here ''�---- Yellow llney ' Aceldents 28.218 Yield 81signs. E"'--"--------- ee kerelnabove: stop 8609 P3-152 and yGjd ..r� 7RMLERs Manufactured housing park.._....._ec,_,,._.,.. Manufactured housing parka. Stha__„t t(tle......................"." TRANSIT 22.1 et ecq. Public Worksdepa fnaat divisions .��_ TRA88. Beet Carbap and Tnsh 2-168 TJtEE8 AND SHRURRLRY Animals fled, .t■kad, tethered, Anima hobbled, etc. Animde and fowl, See that title Cemetery plant., la)aq 7-20(e) G D4pou1 of limbs and btoah _, �'�� Garbage and trash. 9.9 Sea that title -�--- 1549 Sum no. 18 3068.1 3/G 'pe CODEINDE$ ZONING (Appendix A)—Contd. Large scale developments _..__-.-___--•-----.-- Planning. See that title Large scale regulations variance -_—_—..----- Lighting Performance standards .. ---- Liquefied petroleum gas bulk storage U-1; zone zone Use regulations ..._�_------------ W2-was Umregulations ._................... __........ _................... ........ Mall sense, description of .............. _................. ...... -.._........._._. City place. See aim that title Manufactured housing parks .......... .._.-............ _...... ...... ..... Manufactured housing parka. See that title Name, provisions cited ................. _..... ............ ...................... .... Noise Performance standards. --..---- Nonconforming uses -_ ........ —___.—.__•.--.-••-•._—••• Occupancy certificates _............ _........................................ Odors Performance standards -.------- Off-street parking General requirement -- Ordinances. See within this title: Provtimu ORP zone Use regulations PC zone Use regulations .._.__—..—.- Performance standards ....�----------- Permitted accessory uses - --- Pet animals, requirements ._.�--------- Plan commission -- - Plan commission. See that title Planned arm development -- Pollution Performance standards Provisions Abrogation, great" restrlcti" Amendment of ordinance General offset Name; citation, eta. Ordinances saved from repeal, otter previsions nbt inntded herein. See the Prellminaq Page and the adopting ordinance of this ode Purpose .. Separability __— —•— — Violations --•--------- Supp. No. IS $081 Section 27.29 et seq. A-8.10.36.14 A-8.10.18 12.21 A'-8.10.16 A-8.10.16 9.1.3 22.1 at seq. A-8.10.2 A-8.10.18 A-8.10.21 A-8.10.90 A-8.10.18 A-8.10.26 A-8.10.172 A-8.10.17.1 A-8.10.18 A•8.1026 7.20 27.16 et seq. A-8.10.20 A-8.10.18 A-8.11.02.18 A-8.1082 A-8.10.6 A-8.102 A-8.10.1 A-8.11.02.19 A•8.10.33 .31411 IOWA CITY CODE ZONING (Appendix A)—Cont'd. Section Purpose of provisions ._ A-8.10,1 RIA and RIB zones Use regulations ___ A-8.10,7 RIC zone Useregulations..................................................................._......_. 8.10.7.1 R2 zone Use regulations A-8.109 R3 zone Use regulations __ A-8.10.8.1 RSA zone Use regulations A.8.10.9 R3B zone Use regulations _ A-8.10.10 Resources conservation commission _ 27-72 at seq. Resources conservation commission. See that title RSHf zone Useregulations....................................................................._...... A-8.10.10.1 RNC -20 zone Use regulations ...... ............ .......... ....... ....... ""............... _.......... A-8.10.8.2 Screening Performance standards — A-8.10.18 Smogs wastes Performance standards _.. A-2.10.18 Sign regulations Egress, obstructing — A-8.1035.18 Material and construction requirements . A-8.1035.15 Signs and billboards Applications .__ A-8.10.3530 CI and CO districts __ A-8.1035.7 C2 district .._ A-8.10.35.9 CB district ___. A-8.1035.10 CBS district _ A-8,10.35.11 CH dis,riet A-8.10.35.8 Delfiddons ._ A-8.10.35.1 Elimination of prohibited signs ______ A-8.10.35.1 Illuminated sign permits __. A-8.3035.19 Insurance requirements __-- _ A-8.103523 Issuance of permit _—_ A-8.103521 Large scale regulations variance __ A-8.1035.11 License requirements .......... ..... ... ._„._........_..____,,....,... AE1035.18 Ml, 1112 and ORP districts ..___ A-8.1035.12 Misdeunepnor �. A-8.103521 Nonconformities, elimination of , A-8.1035.1 Obstruction of egress ..___ A-8.1035.18 Off -premises sign regulations A-8.1095.13. Permit requirements .._ .... A-8,3035.18 Supp. Na. 18 - 308E CODEINDEZ ZONING (Appendix A)—Cont'd RIA, RIB, RIC, R2 distri. as " R3, RM and R3B districts S Section _�_ Signs——•`"'"— in all zones---_ ""_ -� Si ns ted In g Prohibited A-8.10.35.5 A•8.10.35,8 all sones Traffic hazard. �"--�-----_ A-8,10.352 crating Smoke —• --------- A-8.10.352 Perfo nee standards A-8,10.35,17 Storage Performance standard, i Subdivision A-8.10.18 regulotfon, _ —� Subdivisions. See that A-8.10.18 title Tree panting and 82.1 et asq• Foreatry, See that re tla anon regulation, Urhan renewal, A-B.10A0 Valley channel and vea117 alley Plate zone use •— Violations 8.1 et seq, . , regul�--��fon, Words and h a-_"__"""--•^•_—_____,_, Phrssa A•8.10.6 Yard --�_--•-•-- "—"""-----.___ A-8,10,33 eraulatloM Generally '"-'— A-8.10.36.1 _ 74 ea. Sa within thte t(tle:�Districts and Boundaries A-8.1023 r..�l t i i i -- Supp. Na, IB `� 3083 cr j RESOLUTION NO. 83-364 RESOLUTION ACCEPTING THE WORK FOR THE PAVING, STORM SEWER, AND SANITARY SEWER IMPROVEMENTS IN WALDEN RIDGE, PARTS 1, 2, 3, & 4 IN IOWA CITY, IOWA WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, For the paving of Walden Road in Walden Ridge, Parts 1 & 2 in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. For the sanitary sewer in Walden Ridge, Parts 1, 2, 3, & 4 in Iowa City, Iowa and the public storm sewer located within the Walden Road and Mormon Trek Boulevard right of ways in Walden Ridge, Parts 1 & 2 in Iowa City, Iowa, as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by McDonald and seconded by Perret that the resolution as readbe opteec, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer 8 Dickson 8 Erdahl 8 Lynch X McDonald % Neuhauser X Perret Passed and approved this 22nd day of November , 19 83. ATTEST: X24 n � 7i� r.r CITY CLERK Racelved u Arrraved S Tho ( L=Oal C epmtment thA .11 ,3 q�atryl CI -17Y OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT November 16, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office. Paving of Walden Road in Walden Ridge, Parts 1 and 2 in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Sanitary sewer in Walden Ridge, Parts 1, 2, 3 and 4 in Iowa City, Iowa, and the public storm sewer located within the Walden Road and Mormon Trek Boulevard rights-of-way in Walden Ridge, Parts 1 and 2 in Iowa City, Iowa, as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R p ctfull s mi ted, Frank K. Farmer City Engineer bj3/7 LF l SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 13191337-4195 November 17, 1963 Mayor Mary Neuhauser 0 and Iowa City Council u 410 E. Washington NOV 17190 Iowa City, Iowa 52240 MARIAN K. KARR RE: Site specific zoning CITY CLERK (3) ATM: Doug Boothray Dear Mayor and City Council: Attached are our comments on seven areas that are unjustly and adversely effected by the proposed zoning ordinance and map. Our proposed zoning of these areas do not adversely effect the neighboring areas nor any part of our community. They fit each and every stated purpose of the proposed zoning ordinance: "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." We urgently request you consider carefully our comments and requested zoning to Iav i costly litigation. S' erely, i Mace .Braverman President .�1 1 SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 (319)337.4195 i i i Area: Blocks 5,6 & 7 Braverman Center east of Boyrum Street i Existing Zoning: C 2 Commercial iComprehensive Plan: General Commercial & Land Consumptive Commercial Comprehensive Plan Update: General Commercial & Intensive Comnercial Preliminary Zoning Map: CC 2 & CI 1 Comaercial Proposed Zone: CC 2 Discussion: The CI 1 zone has much more limited uses as the existing C 2 zone. Rezoning may constitute a taking and compensation from the city may be due. ■ 1 1 i I ■ 1 1 SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 1319)337.4195 Area. Northeast corner Block 1 & north part Black 2 Braverman Center: Colonial Office, 1902 Broadway Office area FDcisting Zoning: C 2 Commercial & R3B Residential Comprehensive Plan: General Commercial & Office Comprehensive Plan Update: feral Commiercial & 16-24Dd/AC Residential Preliminary Zoning Map: CO 1 Office Proposed Zone: CC 2, CO 1 & RM 44 Discussion: This is apparently a drafting error as the CO 1 covers existing. apartments and the K -Mart frontage. (See sketch for proposed revisions) 347 RMH w 0 In IT SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 (319)337-4195 Blocks 1 & 3 Braverman Center: This is the K -Mart area and ground South and Southwest Existing Zoning: C 2 Commercial Comprehensive Plan: General Commercial & Office f Comprehensive Plan Update: General Commercial & Residential 8-16 DO/AC Preliminary Zoning Map: CC 2 Commercial & RM 12 Residential Proposed Zone: CC 2 Commercial Discussion: The original Comprehensive Plan shows this area as General Commercial except the South 400' + as office use. The Comprehensive Plan update expands this 400, + Co 600' + and changes the use to residential, the Preliminary farther expands this area to 700' + There is an agreement between the City of Iowa City and Braverman Development called "Broadway Street Agreement" that specifically calls for this area to be commercial. To rezone this..area.would be against the spirit & letter of this agreement. To rezone this area anything other than CC 2 commercial may constitute i ias a taking and compensation from the citymay be due. J X11 .�1 M, SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 (319) 337-4195 Area: Kral Farm: This is located south of the Hill Top Mobile Home Park & east of South Gilbert Street Existing Zoning: R7A Residential Comprehensive Plan: Residential 8-16 DC7/AC Comprehensive Plan Update: Residential 8-16 DU/AC Preliminary Zoning Map: Agricultural AG Proposed Zone: RM12 Discussion: In 1984, we propose to pave Keokuk and Sandusky Streets and bring all utilities adjacent to this site. This area is currently sewerable and is compact and contigious with existing and immediately proposed developments. It should be zoned RM12 at this time. 3/47 1 SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 13191337-4195 Area: Pepperwood Parts 4,5,6 & 7: This is located west of Pepperwood' Parts 1 & 2 & South of Braverman Center. Existing Zoning: R1B Residential Comprehensive Plan: Residential 2-8 DU/AC- Comprehensive Plan Update: Residential 2-8 DU/AC Preliminary Zoning Map: 'RS 5 Residential Proposed Zone: RS 8 Residential Discussion: This area was preliminarily approved as a zero -lot -line, duplex PAD. Because of slow economic conditions, this project was shelved until 1984. This area should be zoned RS 8 to allow duplex use for affordable, compact and contiguous housing. W, 9 SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 13191337-4195 Area: Pepperwood Parts 4,5,6 & 7: This is located west of Pepperwood' Parts 1 & 2 & South of Braverman Center. Existing Zoning: R1B Residential Comprehensive Plan: Residential 2-8 DU/AC- Comprehensive Plan Update: Residential 2-8 DU/AC Preliminary Zoning Map: 'RS 5 Residential Proposed Zone: RS 8 Residential Discussion: This area was preliminarily approved as a zero -lot -line, duplex PAD. Because of slow economic conditions, this project was shelved until 1984. This area should be zoned RS 8 to allow duplex use for affordable, compact and contiguous housing. W, 9 7 \1/ SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 (319) 337.4195 Area: Future Walden: Bounded on the north by Benton Street extended on the south by Rohret Road and on the east by Mormon Trek Boulevard; except Walden Wood & Walden Ridge, previously developed. 'sting Zoning: R 3 & RIB Residential Comprehensive Plan: Residential 8-16 DU/AC Comprehensive Plan Update: Residential2-8 Dp/AC & 8-16 DU/AC Preliminary Zoning Map: Residential PDH 12 & RS 8 Proposed Zone: Residential RM 12 & RS 8 Discussion: This is an apparent drafing error, however if not corrected at this time the map will take the force of law. Not all of the ground shown as PDH 12 is covered by the Walden Ridge & Aspen Lake PAD,s and should be shown as RM 12. In addition, the north 10 Acres of the original 40 Acres is presently zoned R 3, the equivilant to the proposed RM 12. To correct this drafting error, the line between RM 12 & RS 8 should be redrawn. (See attached sketch). l L WEST SIDE HIGH SCHOOL ..too f`No ~i 35 4� I Nip SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 (319) 337-4195 Area: Lot 1, Walden Square: located west of Mormon Trek Boulevard, north of Benton Street Existing Zoning: CH: Highway Commercial Comprehensive Plan: Neighborhood Commercial Comprehensive Plan Update: General Commercial Preliminary Zoning Map: CN 1: Neighborhood Commercial Proposed Zone: CC 2: General Commercial Discussion: This property was purchased with CH zoning with the idea of developing a neighborhood level shopping center including a grocery, drug store and specialty shops. The appropriateness of the CH zoning of this property was specifically examined by City Council in 1978; it was decided that CH zoning is appropriate. Based on the uses allowed in the CH zone we have spent substancial effort on this project including informal presentations to the Planning and Zoning Commissions. After four years of economic difficulties, this project is comming close to fruition. Several of the proposed uses permitted under CH zoning are not permitted under CN 1 zoning. If these uses are not permitted, the viability of this project may be effected. This may constitute a taking and compensation from the city may be due: The zoning in the proposed ordinance that most closely fits the existing uses of the CH zone is CC 2. 3/47 ■ 4i RESOLUTION NO. 83-365 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO QUIT CLAIM DEEDS DISPOSING OF A 40 FOOT SEGMENT OF ALLEY RIGHT-OF-WAY IN BLOCK NINE (9) OF THE COUNTY SEAT ADDITION TO THE ADJOINING PROPERTY OWNERS. WHEREAS, by Ordinance No. 83-3177 the City of Iowa City did vacate a 40 foot segment of alley right-of-way in Block 9 of the County Seat Addition and immediately to the rear of property located at 522 S. Dubuque Street on September 13, 1983; and WHEREAS, the applicant for the alley vacation was R.A. McKeeen who owns said property located at 522 S. Dubuque St.; and WHEREAS, said vacated right-of-way has been appraised for a value of $800; and WHEREAS, a public hearing was held on the proposed disposition of said right-of-way for the appraised value on October 25, 1983, at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, and no comments were received; and WHEREAS, purchase offers have been made by both R.A. McKeen and the property owners to the east, H. Richard and Barbara L. Montross, for the acquisition of the entire parcel for the appraised value; and WHEREAS, it is normally the City's policy to offer property owners adjoining vacated right-of-way first option to purchase the half of the right-of-way adjacent to their property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City agrees to convey the west half of the 40 foot segment of alley right-of-way to R.A. McKeen for the price of $400. 2. That the City agrees to convey the east half of the 40 foot segment of alley right-of-way to H. Richard and Barbara L. Montross for a price of $400. 3. That the Mayor is authorized to sign and the City Clerk to attest quit claim deeds disposing of said right-of-way as described above. J 3/9� Ci It was moved by Balmer and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 22nd day of November 1983. MAYOR ATTEST: -1� o/,� CITY CLERK Reroi and 3 Approved 8y The Legal Dopadmenf l '+6 McKEEN'REALTY RESIDENTIAL a COMMERCIAL REAL ESTATE J 522 S. Dubuque Street Iowa City, Iowa 52240 13191351.3996 October 25, 1983 Bruce A. Knight Associate Planner City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Bruce: I am in receipt of your October 21 letter concerning vacation of the alley adjoining my property at 522 South Dubuque. I find the appraised value acceptable and would be interested in purchasing the entire 40 foot segment of the alley right-of-way for the appraised value of $800. If this suffices, I will await word from you as to. my next step. Thank you. Sincerely, C R.A. (Dick) McKeen r Z &14 J 3/?OL 11s RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A QUIT CLAIM DEED DISPOSING OF A PORTION OF THE VACATED ALLEY RIGHT-OF-WAY LOCATED BETWEEN VALLEY AVENUE AND LINCOLN AVENUE IN IOWA CITY, IOWA. WHEREAS, by Ordinance No. 83-3134 the City of Iowa City did vacate a 4,040 square foot segment of north -south alley right-of-way located between Valley Avenue and Lincoln Avenue on August 16, 1983; and WHEREAS, said property was appraised for a value of $20,000 or $5 per square foot; and WHEREAS, a public hearing on the proposed disposition for the appraised value was held on October 25, 1983 and the City Council Chambers, Civic Center. 410 E. i Washington Street, Iowa City, Iowa, and no comments were received; and i i WHEREAS, said property was vacated and appraised with the intent of disposing of same to adjoining property owners; and WHEREAS, a purchase offer has been made by Robert and Loretta Montgomery of 20 Valley Avenue for that portion of the alley right-of-way located adjacent to Lot 23 for the price of $5 per square foot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: I. That the City agrees to convey the 4,040 square feet of vacated alley right-of-way for the appraised value of $5.00 per square foot. 2. That the Mayor is authorized to sign and the City Clerk to attest one or more quit claim deeds for the purpose of conveying said right-of-way to the adjoining property owner or owners. i It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Dickson Erdahl Lynch McDonald Neuhauser Perret Passed and approved this _ day of MAYOR 1983. ATTEST: Recolvod '2 CITY CLERK 111' The t, 'Ipproved a1O.,PaH� 3 / 9-� f Ci i ,n t J 34.3 ,�I e�cav�A � �d-vin, S•z-zy0 -�. / i(ir✓..!/ �f-v (.l ��,qv-V �(, ,� i 0.�lAV!/j. G. d-�-�yn Ju.,W yl J L, c aol°v�w CZy�rw c . ,,z�<,ry�, 440010,, 0"NAJU, —Lf` � 7`A -�GG�r i� u/rull aO ✓a.u. .tet city? y� on 0.�a/,t.-� Oaf-t4J(I o.,J Jd� /� ,/ ✓ � � CU , Aden LLru �D/a,,3d �9ria7 )U �l, �41t(�C •a3S �'� ret �iK /3� Gia r`u,.,.�1�-�-4 �Cn ��cLG •-�'u. ��,!Iv�-�a?,�"-;.vv � s-. a,.�,�A,., a.,1, - -4•ety wr, cYtio.-l�q/ n.b�t b�1t,� ,z:lw a on.•�� u• �•Cr c`cc,✓/�,ti,i,/,�.�c b v6e� c 303 Ci J RESOLUTION NO. _ RESOLUTION ESTABLISHING FEES AND INSURANCE REQUIREMENTS FOR RIGHT-OF-WAY SIGNS. WHEREAS, Ordinance No. 83-3154 amends City Code of Ordinances Chapter 31, and establishes a system for permits allowing certain signs to be located on public property within the City; and WHEREAS, such ordinance provides that fees and insurance amounts shall be set by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: I. Fees for right-of-way sign permits allowed under the terms of Ordinance No. 83-3154 shall be in addition to sign permit fees required under the Zoning Code, and shall be as follows: a. For initial issuance, and renewal of permits for existing right-of-way signs - Permit fee $ 0.80 per sq. ft. Minimum fee $10.00 b. For alteration, moving, or conversion of a permitted right-of- way sign - Permit fee Minimum fee $ 0.80 per sq. ft. $10.00 C. For repair, removal, or painting of right-of-way signs - Permit fee Minimum fee $ 0.40 per sq. ft. $10.00 2. The liability insurance required as a condition to the issuance of a right-of-way sign permit shall be in the minimum amount of three hundred thousand dollars ($300,000) for personal injuries, and fifty thousand dollars ($50,000) for property damage. Such insurance shall be provided by a company authorized to do insurance business in the State of Iowa, and shall provide for thirty (30) days' notice of cancellation or material change. 3.z/� ,yJ It was moved by Balmer and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X Balmer Dickson _ X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this day of , 1983. MAYOR ATTEST: CITY CLERK Received $ Approved by. Legal D nt 3.2d City of Iowa City MEMORANDUM DATE: 18 November 1983 TO: Lorraine /yam FROM: Richard J. Boyle, Assistant City Attorney RE: R -O -W Signs Fees COMMENT: The right of way sign ordinance requires that fees and insurance requirements be set by Resolution. The fees in the attached resolution were based on the fees curr- ently being charged for signs allowed under the Zoning Code which call for a one time fee. The proposed fees would be annual to compensate for use of City property 302/8 Ci RESOLUTION NO. 83-366 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/METROPOLITAN ENTITLEMENT PROGRAM STATEMENT FOR 1984 IN THE AMOUNT OF $830,220 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is an eligible unit of general local government authorized to file a Program Statement under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City, Iowa, has been declared a Metropolitan Statistical Area eligible for metro entitlement funding of $830,220; and WHEREAS, the 1984 Community Development Block Grant Program Statement has been developed so as to give maximum feasible priority to activities which will benefit low- and moderate -income persons and aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to comment an the Program Statement; and WHEREAS, the City Council of Iowa City, Iowa, believes that the public interests will be served by filing said Program Statement with the United States Government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, I IOWA, that the City Manager of Iowa City be and is hereby directed to i file with the United States Department of Housing and Urban Development a Program Statement for the 1983 Community Development Block Grant/Metropolitan Entitlement Program under the Housing and Community Development Act of 1974, as amended; and BE IT FURTHER RESOLVED that the City Manager is authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said Program Statement; and BE IT FURTHER RESOLVED that the City Manager is designated as chief executive officer to act in connection with the Program Statement to provide such additional information as may be required. I i It was moved by McDonald and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 22nd day of November I , 1983. -Nt jA , 1 . l jt n"J. —/ MAYOR ATTEST: TY CLERK„] C 1 Rear.-ivcd lE Approved By 'iho Legal D pn mant I1 IYXi3 3a/y -!' J 1984 CDBG PROGRAM STATEMENT Iowa City Council Committee on Community Needs 11/15/83 PROJECT OR ACTIVITY FUNDING ALLOCATION 1. Creekside Storm Drainage Project Completion $ 18,700 2. Miller/Orchard Neighborhood Park Acquisition $ 42,550 3. Accessibility Guide for Iowa City/Coralville Community $ 560 4. Mark. IV/Willow Creek Neighborhood Center Van $ 15,000 5. Congregate Housing Construction $225,000 6. Nelson Adult Center Phase II Renovation $ 61,580 7. Housing Rehabilitation & Weatherization $125,000 8. Creekside Alley Repair $ 2,500 9. Iowa Youth Corps Park Shelter Construction $ 12,318 10. Kirkwood Circle Drainage & Surfacing $ 60,000 11. Shared Housing $ 15,000 12. Rental Rehabilitation $ 24,000 13. Alternative Housing Site Acquisition $ 50,000 14. Creekside Sidewalks $ 47,000 15. Housing Code Enforcement $ 14,520 16. Human Services Facility Planning $ 5,000 17. General Program Administration $106,260 18. Contingency $ 5 232 TOTAL 830,220 3.2/9 Ci RESOLUTION NO. 83-367 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO THE AGREEMENT WITH HILLCREST FAMILY SERVICES, DBA IOWA CITY RESIDENCE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A RESIDENTIAL CARE FACILITY FOR MENTALLY ILL ADULTS. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 83-76 dated March 29, 1983, authorize and enter into an agreement with Hillcrest Family Services, dba Iowa City Residence, to use Community Development Block Grant (CDBG) funds to acquire, rehabilitate, and utilize a residential care facility for mentally ill adults; and, WHEREAS, Hillcrest Family Services did request additional funding in order to complete the rehabilitation of said residential care facility; and, WHEREAS, the City Council did, by Resolution No. 83-335 dated October 11, 1983, authorize and approve an amendment to the 1983 CDBG Program and Budget, including the allocation of an additional $20,000 for the Hillcrest Family Services project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest the Addendum to the above- ref ere nced agreement with Hillcrest Family Services. It was moved by Balmer and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: XBalmer —� Dickson —1t— Erdahl _ Lynch X McDonald g Neuhauser X Perret Passed and approved this 22nd day of November 1983. MAYOR ATTEST: �� CITY CLERK Roealvotl v RI:,m:vect Dy lho EcDa1 Ds :ar.,2nt ,J Gi ADDENDUM TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLCREST FAMILY SERVICES, DBA IOWA CITY RESIDENCE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A RESIDENTIAL CARE FACILITY FOR MENTALLY ILL ADULTS This agreement, entered into this 22nd day of November , 1983, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Hillcrest Family Services, dba Iowa City Residence, a private non-profit family service agency (herein referred to as "HFS"), is an addendum to the original agreement dated April 7, 1983, for the provision of a residential care facility for mentally ill adults. Now, therefore, the parties hereto agree to the following in performance of this agreement: 1. HFS will use the financial assistance provided under this agreement to complete the rehabilitation of the residential care facility which was initiated under the original agreement. 2. The City will pay and HFS agrees to accept in full the sum of twenty thousand dollars ($20,000.00) for performance under this agreement. 3. In the event that HFS elects to sell or otherwise transfer legal or equitable interest in the residential care facility (property) prior to December 31, 1993, HFS will pay to the City a prorated share of the $20,000, as determined by the Special Promissory Note which is incorporated in the original agreement. This amount is in addition to the $73,500 previously authorized for acquisition and rehabilitation of the property. 4. All other terms and conditions of the original agreement dated April 7, 1983, shall remain in full force and effect until December 31, 1993. In witness whereof, the parties hereto have executed this Agreement on this 22nd day of November , 1983. HILLCREST FAMILY SERVICES, CITY OF IOWA CITY DBA IOWA CITY RESIDENCE BY: BY: j�x 6�?e�� MAYOR ATTEST:�llOuvxi��f% ATTEST: �!- 0.6 CI FY CLERK Received & Approved By The legal Department ' T J RESOLUTION NO. 83-368 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist the Association for Retarded Citizens of Johnson County in renovating and expanding the Nelson Adult Center serving developmentally disabled adults. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Association for Retarded Citizens of Johnson County to renovate and expand the Nelson Adult Center for develop- mentally disabled adults. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Balmer and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald — X Neuhauser X Perret j Passed and approved this 22nd day of November 1983. MAYOR l ��i� �� A�✓ ATTEST: �]By�/__ d�� CITY CLERK I I Rocolvod $ Approved By Tho Legni Deporlmonf n IV i AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS THIS AGREEMENT, entered into this 22ndday of November , 1983, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Association for Retarded Citizens of Johnson County (herein referred to as "ARCJC"); and WHEREAS, the City is the recipient of 1983 Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist ARCJC in renovating and expanding the Nelson Adult Center for developmentally disabled adults; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT. PART I I. PURPOSE AND SCOPE OF SERVICES: A. 1. ARCJC shall renovate and expand the Nelson Adult Center at 1020 William Street, Iowa City, Iowa, in order to expand the capacity for the day program for developmentally disabled adults to both levels of the center. 1. ARCJC shall provide facilities for a comprehensive adult day program to serve 60-85 developmentally disabled adults daily (weekdays) for a period of five (5) years. B. Development of architectural designs and determination of equipment needs for said renovation and expansion shall be the responsibility of ARCJC with written concurrence by the City. C. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out according to HUD standards and shall be monitored by the City. D. Upon completion, the facility shall comply with all applicable state and local building codes and be used for the purpose of providing work activity and day care for developmentally disabled adults. II. TIME OF PERFORMANCE: ARCJC will perform according to the following schedule: Program Element Deadline PHASE I (furnace, elevator, main floor bathrooms) Contract for construction 12/31/83 j Completion of construction 06/30/84 PHASE II (contingent upon funding allocation from 1984 CDBG funds) Contract for construction 02/15/84 Completion of construction 09/30/84 Facility in operation Continuously This schedule is subject to change by mutual agreement of both parties, in writing. III. COMPENSATION AND METHOD OF PAYMENT: PHASE I The City will pay and ARCJC agrees to accept in full the amount of fifty thousand dollars ($50,000) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a properly executed contract for furnace replacement and applicable architectural services. 2. Balance of compensation due will be made upon presentation of a a properly executed contract for completion of Phase I construction and remodeling of the facilities. 3. The total of the above payments will not exceed $50,000. PHASE II - Compensation and method of payment to be agreed upon contingent upon funding. IV. TERMS AND CONDITIONS: A. The City will assume no responsibility or liability for the maintenance, operation, or program funding of the Nelson Adult Center. B. ARCJC shall, at its own expense procure and maintain during the period of this agreement, all-risk property damage and liability insurance to be effective as of the start of the project. Property damage coverage shall not be less than the current market value of the property, and liability coverage shall not be less than $100,000 Li bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. C. In the event that ARCJC elects to sell or otherwise transfer legal or equitable interest in the property or discontinue the Nelson Adult Center Program, prior to September 30, 1989, ARCJC will pay to the City a prorated share of the total Phase I and Phase II CDBG funds allocated to this project. The prorated share shall be determined by deducting one-fifth (1/5th) of the total funds allocated for Phase I and Phase II of this project, for each year elapsed under this agreement. D. Except as provided herein, the terms of this agreement shall be from the date of execution through September 30, 1989. E. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. PART II I. PERFORMANCE AND REPORTING: A. ARCJC will provide facilities for the Nelson Adult Center Program for developmentally disabled adults at this facility until September 30, 1989, in a manner satisfactory to the City. B. ARCJC will direct all correspondence concerning this agreement to the Office of the Iowa City Community Development Block Grant Program i Coordinator. C. ARCJC will submit monthly reports to the program coordinator's office by the 15th day of each month until the completion of all renovation and expenditure of all CDBG funds disbursed under this agreement. Upon completion of the renovation project, ARCJC will submit quarterly reports by the 20th day of February, May, August and November of each contract year. In addition, an audited annual report will be submitted by March 1 of each contract year. No reporting requirements shall extend beyond September 30, 1989. Quarterly reports will include, at a minimum, statistics pertaining to the numbers and county of residence of persons participating in the Nelson Adult Center Program. D. Not later than December 1, 1984, ARCJC will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. ARCJC will furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this agreement within the time requested. F B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of ARCJC's records with respect to this agreement in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. C. ARCJC will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A- 102 and OMB Circular A-122 (Cost Principles for Nonprofit Organizations) shall apply to the use of funds disbursed under this agreement. The City shall provide ARCJC with copies of said OMB circulars. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Nelson Adult Center on the basis of age, race, color, national origin, sex, marital status, sexual orientation, or disability. All prospective beneficiaries must, however, be disabled or handicapped persons in need of the care and programs provided at the Nelson Adult Center. EQUAL EMPLOYMENT OPPORTUNITY: ARCJC certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, ARCJC will insure that all contracts for work under this agreement contain an appropriate equal employment opportunity statement. VI. LEAD-BASED PAINT POISONING PREVENTION: ARCJC will comply with the requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this agreement. VII. TERMINATION OF AGREEMENT FOR CAUSE: If ARCJC fails to fulfill its obligations under this agreement in a timely and proper manner or if ARCJC violates any of the terms, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to ARCJC specifying the default, or defaults, and stating that this agreement will be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, ARCJC would repay to the City the full amount of Phase I and Phase II CDBG funds allocated to this project. 3a;?�2/ Ci VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this agreement pertains, shall have any private interest, direct or indirect in this agreement. IX. INTEREST OF ARCJC: ARCJC covenants that it personally has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this agreement. ARCJC further covenants that in the performance of this agreement no person having such an interest shall be employed by ARCJC. X. ASSIGNABILITY: ARCJC shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. XI. HOLD HARMLESS PROVISION: ARCJC shall indemnify and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. 34Z/ IN WITNESS WHEREOF the parties hereto have executed this agreement on this 22nd day of November 1983. CITY OF IOWA CITY ASSOCIATION FOR RETARDED CITIZENS OF By: By: Mayor / ATTEST: %lj�u�rx� vY�n) ATT City Clerk pocelve-d & Approved By The Legal Department U l4 3,2-2-/ RESOLUTION NO. 83-369 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY84 FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City deems it in the public interest to provide counseling, outreach and creative arts opportunities for Iowa City youth, and WHEREAS, United Action for Youth is an agency which provides these services for Iowa City youth but which is experiencing unforeseen i taxes and increases in payroll WHEREAS, the City of Iowa City and United Action for Youth are in agreement that an emergency allocation is needed to allow United Action for Youth to provide the aforementioned services at its present level, and WHEREAS, an FY84 funding agreement was executed June 21, 1983, between the City of Iowa City and United Action for Youth, and WHEREAS, the attached amendment to the FY84 funding agreement has been negotiated by the City of Iowa City and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached amendment to the funding agreement with United Action for Youth for FY84. It was moved by NicDonald and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson Erdahl --X Lynch — X McDonald — X Neuhauser —X _ Perret Passed and approved this 22nd day of November 1983. M YOR ATTEST: WIT C Rocelved L Approved By The Leal Department u 8 9 aa� n C� AMENDMENT TO FY84 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH It is hereby agreed on this 22nd day of November , 1983, that provisions II and III of the FY84 funding agreement executed June 21, 1983, between the City of Iowa City and United Action for Youth are hereby amended to read as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $500 for FY84 to be used by United Action for Youth to offset unforeseen employee payroll taxes. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of $250 of the supplementary $500 allocation for unfore- seen payroll taxes will be made in the regular third and fourth quarter checks upon receipt of quarterly reports from UAY. Checks for those quarters will therefore total $8,875. $250 of said supplementary allocation will be held by the City until a final determination is made that UAY participation in FICA is mandatory. If such participation is mandatory, the $250 will be added to the regular quarterly checks pending at the time. If all quarterly checks have been paid by the time of said final determination, a separate check shall be issued by the City for the $250 for FICA. FOR THE CITY OF IOWA CITY: FOR UNITED ACTION FOR YOUTH: MARY C. 6UHAUSER, MAYOR NAME t M� ATTEST: MARI-AN KARR, CITY CLERK Rocalvcd IS Approvod By Tho LoOol Dopartment i .a 32�2 ,\4 RESOLUTION NO. 83-370 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY84 FUNDING AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD CENTER. WHEREAS, the City Council of Iowa City deems it in the public interest to provide effective community center activities to residents in and around the Mark IV Apartment Complex, and WHEREAS, the Willow Creek Neighborhood Center is an agency which provides community center activities to the Mark IV area, and WHEREAS, the City of Iowa City and the Willow Creek Neighborhood Center are in agreement that additional staff is needed at the Willow Creek Center to provide the aforementioned services, and WHEREAS, an FY84 funding agreement was executed June 21, 1983, between the City of Iowa City and the Willow Creek Neighborhood Center, and WHEREAS, the attached amendment to the FY84 funding agreement has been negotiated by the City of Iowa City and the Willow Creek Neighborhood Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached amendment to the funding agreement with the Willow Creek Neighborhood Center for FY84. It was moved by Dickson and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X — Lynch X McDonald X Neuhauser X Perret Passed and approved this 22nd day of November , 1983. ATTEST: d awt% CITY CLERK Received to Approved By The Legal Deportmmnt II 8 B3 3aa3 Ci AMENDMENT TO FY84 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WILLOW CREEK NEIGHBORHOOD CENTER It is hereby agreed on this 22nd day of November , 1983, that provisions II and III of the FY84 funding agreement executed June 21, 1983, between the City of Iowa City and the Willow Creek Neighborhood Center are hereby amended to read as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $500 for FY84 to be used by the Willow Creek Neighborhood Center to hire a half-time entry level social worker. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $500 allocation to hire a half-time staff person will be made in the third and fourth quarter checks upon receipt of quarterly reports from Willow Creek. Checks for those quarters will therefore total $2,017.50. FOR THE CITY OF IOWA CITY: MARY C. NJUHAUSER, MAYOR ATTEST: Z'%lcoua MARIAN KARR, CITY CLERK Rocolved & Approved By he Legal Department t116 183 FOR THE WILLOW CREEK NEIGHBORHOOD CENTER _� � -F-e.p- o, NAt i re TITLE 3PA 3 J RESOLUTION NO. 83-371 RESOLUTION AUTHORIZING ADOPTION OF BY-LAWS FOR THE IOWA CITY HISTORIC PRESERVATION COMMISSION WHEREAS, the Iowa City Historic Preservation is required by City Ordinance to adopt by-laws governing the operation of the Commission; and WHEREAS, the Iowa City Historic Preservation Commission has unanimously approved acceptance of the proposed by-laws; and WHEREAS, the Rules Committee of the Iowa City Council has approved adoption of the by-laws for the Iowa City Historic Preservation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the by-laws of the Iowa City Historic Preservation Commission be formally adopted by the Iowa City Council. It was moved by Balmer and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Balmer X Dickson _ X Erdahl X Lynch R McDonald X Neuhauser X Perret Passed and approved this 22nd day of November , 1983. MAYOef ATTEST: L;11Y CLERK I-) Rocaive,: Z A.�:{n..... By The Legal Depadment 3�� PRECEDING DOCUMENT G I— /lo RESOLUTION NO. 83-371 RESOLUTION AUTHORIZING ADOPTION OF BY-LAWS FOR THE IOWA CITY HISTORIC PRESERVATION COMMISSION WHEREAS, the Iowa City Historic Preservation is required by City Ordinance to adopt by-laws governing the operation of the Commission; and WHEREAS, the Iowa City Historic Preservation Commission has unanimously approved acceptance of the proposed by-laws; and WHEREAS, the Rules Committee of the Iowa City Council has approved j adoption of the by-laws for the Iowa City Historic Preservation j Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the by-laws of the Iowa City Historic Preservation Commission be formally adopted by the Iowa City Council. It was moved by Balmer and seconded by Bch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: XBalmer Dickson �— Erdahl X Lynch X McDonald X Neuhauser {j+ X Perret j Passed and approved this 22nd day of November 1983. ti k M YO ATTEST: fI CITY CLERK 4 f Ir By The Legal Department �•if- i Ci BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE MEETINGS Section 1. Reoular Meeting_ Regular meetings of this Commission shall be held on the second Wednesday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members and the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section S. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. GRTIrl F II _ MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of seven members; term of membership shall be three years except for the shortened initial terms that provide for staggered membership. One member shall be a member of the Planning and Zoning Commission to be appointed by said Commission. The Chairperson and Vice -Chairperson will be elected annually by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. Section 3. Terms. Upon the expiration of terms of present members, new members shall be appointed for three year terms. Term of office for the Planning and Zoning member shall be for three years beginning March 29th. Ci 2 Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section I. Number. The officers of this Commission shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually at the discretion of the Chair. Section 3. Vacancies. A vacancy in either office shall be filled by the members for the unexpired portion of the term. Section 4. _Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section I *Aciencla. The Chairperson or a designated representative together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agenda are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 4. Policies and Programs. Periodically the Commission shall review the Policies and programs of the City, relating to historic preservation and make such recommendations to the City Council as are deemed appropriate. 3.?o3f Cf 3 Section 5. 'Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings including informal sessions, at which matters pertaining to the domain of the Commission's responsibilities are to be discussed or actions taken. The Commission Chairperson is to receive Council agenda prior to each Council meeting and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws j may be adopted by the members at any regular meeting or at any special meeting called for that purpose. Ci 11 RESOLUTION NO. 83-372 RESOLUTION GRANTING HAWKEYE CABLEVISION A RATE INCREASE. WHEREAS, Hawkeye CableVision Corporation has requested approval from the City of Iowa City to increase its basic service rate for cable television service by $2.00, and WHEREAS, the Broadband Telecommunications Commission has recommended that the City Council not grant a $2.00 rate increase, and WHEREAS, the Broadband Telecommunications Commission has recommended that a 95 -cent rate increase based on Hawkeye CableVision's increase in local operational, administration and original costs would be appropriate, and WHEREAS, a public hearing on the basic service rate increase request was held before the City Council on October 25, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Council hereby grants approval to Hawkeye CableVision Corporation to raise its basic service rate for cable television by 95 cents/month, thereby permitting said rate to be raised from the current rate of $7.95/month up to a maximum of $8.90/month. Said approved rate increase shall not take effect until at least thirty (30) days after the adoption of this resolution. It was moved by Lvnch and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer Dickson X Erdahl _ X Lynch X McDonald X Neuhauser X Perret Passed and approved this 22nd day of November 1983. c.. D,iL p.,e,o4 MAYO ATTEST: CCIM CLERK i:aoa:aeai a h -pravet➢ By 'fhc Lcycf Depl 3635 f. i Ci Jv City of Iowa City MEMORANDUM Date: October 14, 1983 To: City Council From: Drew Shaffer P1 Re: Proposed Cable Ordinance Amendments Attached are nine proposed ordinance amendments to cable ordinance 78-2917 that were recommended by the Broadband Telecommunications Commission (BTC). These amendments include: Amendment #1 which includes two new definitions needed for the Required Extension Policy; Amendment #2 allows Hawkeye (at their request) one extra month each year to prepare and file their financial records for the City; Amendment #3 insures the time frame for the payment of the franchise fee to the City will remain the same as in the original ordinance agreement; Amendment #4 corrects a typographical error that refers to a non-existent clause; Amendment #5 also corrects a typographical error that refers to a non- existent clause; Amendment #6 sets out the required extension policy, which determines the conditions under which the franchisee must extend the cable network to newly annexed and new housing areas; Amendment #7 sets out what has been previously been called the Universal Service Clause, whereby those dwelling units not passed by cable service between 1979 and 1982 and existing prior to 1979 can receive service based on the cost formula contained therein; Amendment #8 sets out the requirements of having cable lines buried at least 12 inches underground to help avoid accidential cutting; and Amendment #9 helps ensure fewer service outages by requiring notification to the franchisee before excavation or digging. Amendments #6 and #7 are carefully drafted and are the result of recently completed negotiated agreements between the BTC and Hawkeye CableVision. If you have any questions, please feel free to call me. tp/sp 30rols